No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters

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• RESOLUTION NO. d D I & A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING A FORM OF DEVELOPMENT AGREEMENT WITH JF +A PROPERTIES, LTD. /CII &P AND COUNTY MAYO /SB, LLC AND OTHER RELATED MATTERS WHEREAS, the South Bend Redevelopment Commission ( "Commission ") is the governing body of the City of South Bend Department of Redevelopment established under the Redevelopment of Cities and Towns Act of 1953, as amended, being Indiana Code § 36- 7 -14 -1 et seq. (the "Act"); and WHEREAS, redevelopment and the stimulation of economic development are of benefit to the health and welfare of the people of Indiana and the citizens of the City of South Bend, Indiana (the "City "), are public uses and purposes for which public money may be spent and are a public utility and benefit; and WHEREAS, the Commission has the power and duty to investigate, study, and develop •areas within the corporate boundaries of the South Bend Redevelopment District (the "District ") that the Commission has determined to be blighted, stagnant or deteriorating in order to encourage economic development and redevelopment; and WHEREAS, the property commonly referred to as Lot 3A of the Blackthorn Corporate Office Park and more particularly described at Exhibit A (the "Site ") of the form of the Contract for Sale of Land for Private Development attached hereto as Attachment A (the "Purchase Contract") is located within the corporate boundaries of the City, the South Bend Redevelopment District (the "District "), and the Airport Economic Development Area (the "Area"), which Area has been previously designated by the Commission as an economic development area in accordance with the Act; and WHEREAS, the Commission has previously offered the Site for disposition in accordance with Indiana Code § 36-7 -14-22 and has awarded the development of the Site to JF +A Properties, Ltd. /CII &P (the "Developer ") pursuant to a bid submitted by the Developer in which the Developer proposed constructing, developing and equipping a hotel development project worth approximately Seventeen Million Dollars ($17,000,000) complimentary to the use of the Blackthorn Golf Course; and WHEREAS, Marathon Pipe Line LLC ( "MPL ") is the beneficiary of (i) that Right of Way Agreement granted 5/15/1957 and recorded 5/27/1957 in the St. Joseph County Recorders Office at Book 567, pages 113 -114, as amended by the Partial Release of Right of Way Agreement executed on 7/16/93 and recorded 7/22/93 at the St. Joseph County Recorder's Office