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REGULAR MEETING
<br />AUGUST �7, 1991
<br />RESOLUTION NO. 37-1991
<br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS
<br />OF THE CITY OF SOUTH BEND, INDIANA,
<br />APPROVING A SUBLEASE OF REAL PROPERTY
<br />FROM THE SOUTH BEND REDEVELOPMENT COMMISSION
<br />WHEREAS, the South Bend Redevelopment Commission is lessee of
<br />the following described real property owned by the South Bend
<br />Redevelopment Authority (the "Authority") under the
<br />Lease -Purchase Agreement dated as of November 1, 1989, and
<br />approved and modified on the 16th day of February, 1990, (the
<br />"Lease"):
<br />A parcel of land in the West Half (1/2) of the Southeast
<br />Quarter of Section Twelve (12), Township Thirty-seven
<br />(37) North, Range Two (2) East, City of South Bend,
<br />Portage Township, St. Joseph County, Indiana, being part
<br />of Lots Numbered Fourteen (14) and Twenty-one (21) of
<br />John Rush's 1st Addition, as recorded in Plat Book 2,
<br />Page 53, at the St. Joseph County Recorder's Office in
<br />South Bend, Indiana, and described as follows:
<br />Commencing at the Northwest corner of Lot 11, also being
<br />the intersection of the East right-of-way line of Rush
<br />Street and the South right-of-way of a 12.50 foot alley;
<br />thence North 89041140" East (bearing assumed), 165.00
<br />feet along said South right-of-way line to the Point of
<br />Beginning; thence continuing North 89041'40" East, 82.06
<br />feet along said South right-of-way line to the Southwest
<br />right-of-way line of Lincoln Way; thence South 37121'40"
<br />East, 56.16 feet along said Southwest right-of-way line;
<br />thence South 71041140" West, 31.43 feet; thence South
<br />89041'40" West, 86.28 feet; thence North 00001154" West,
<br />54.53 feet to the South right-of-way line of a 12.50 foot
<br />alley and the point of beginning. Commonly known as
<br />620-622 Lincolnway East (the "Real Property"); and
<br />WHEREAS, the Commission, in Resolution 1012, adopted on
<br />August 23, 1991, expressed its desire to sublease the Real
<br />Property to the City of South Bend, Indiana; and
<br />WHEREAS, the City of South Bend is desirous of leasing the
<br />Real Property from the Commission; and
<br />WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works
<br />of the City of South Bend (the "Board") has custody of and may
<br />maintain all real property of the City of South Bend; and
<br />WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend,
<br />acting by and through the Board, may exchange or transfer
<br />property with another governmental entity upon terms and
<br />conditions agreed upon by the two (2) entities as evidenced by
<br />the adoption of substantially identical resolutions of each
<br />entity; and
<br />WHEREAS, the Commission has agreed to sublease the Real
<br />Property to the City of South Bend, and the City of South Bend,
<br />acting by and through the Board, has agreed to sublease the Real
<br />Property from the Commission under the terms and conditions of a
<br />sublease containing terms and conditions which are substantially
<br />similar to those embodied in the Lease, with the exception that
<br />the rent paid by the City to the Commission pursuant to said
<br />sublease shall be nominal in amount.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
<br />OF THE CITY OF SOUTH BEND AS FOLLOWS:
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