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43 <br />RESOLUTION <br />• <br />• <br />A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY <br />APPROVING AND CONSENTING TO THE SUB-LEASE OF REAL PROPERTY <br />BY THE CITY OF SOUTH BEND, INDIANA TO THE <br />HOUSING DEVELOPMENT CORPORATION OF ST. JOSEPH COUNTY, INC. <br />WHEREAS, the. South Bend Redevelopment Authority (hereinafter <br />referred to as the "Authority") is Lessor and the City of South Bend, <br />Indiana, on behalf of its Department of Redevelopment, and acting by <br />and through the South Bend Redevelopment Commission (hereinafer <br />referred to as the "Commission") is Lessee by virtue of a certain <br />Lease Agreement between the Commission and the Authority dated as of <br />August 1, 1990, as restated and amended, of certain real property <br />situated in the Monroe Park Development Area, being more commonly <br />known as: <br />1. 609 S. Columbia <br />2. 618 Lincolnway East <br />3. 620-622 Lincolnway East <br />4. 626 Lincolnway East <br />5. 514 Rush <br />6. 620 Columbia <br />7. 310 E. South Street <br />8. 312 E. South Street <br />9. 602 S. .Carroll (hereinafter, <br />as the "Real Property"; and <br />collectively referred to <br />WHEREAS, by virtue of certain Sub-Leases between the <br />Commission and the City of South Bend, Indiana, acting by and through <br />its Board of Public Works, dated April 15, 1991, April 29, 1991 and <br />August 26, 1991, as restated and amended (hereinafter referred to as <br />the "Sub-Leases"), the Commission sub-leased the Real Property to the <br />City of South Bend, and the City of South Bend sub-leased the Real <br />Property from the Commission; and <br />WHEREAS, the City of South Bend, Indiana, acting by and <br />through its Board of Public Works has determined it to be in the best <br />interest of the City of South Bend, and in furtherance of the <br />Commission's plan for the redevelopment of Monroe Park, to <br />sub-sub-lease the Real Property to the Housing Development <br />Corporation of St. Joseph County, Inc. (hereinafter referred to as <br />the "HDC") for restoration and rehabilitation as affordable housing; <br />and <br />WHEREAS, the HDC has represented to the City of South Bend <br />that the HDC is an Indiana not-for-profit corporation organized for <br />educational, literary, scientific, religious, or charitable purposes <br />that is exempt from federal taxation under Section 501 of the <br />Internal Revenue Code; and <br />• WHEREAS, the City of South Bend, through its Board of Public <br />Works, has determined that it may sub-lease the Real Property to the <br />HDC pursuant to I.C. 36-1-11-1(a)(7), and has approved and authorized <br />the execution of a Sub-Lease Agreement between the City of South Bend <br />and the HDC concerning the Real Property, a copy of which is attached <br />hereto and made a part hereof; and <br />WHEREAS, pursuant to the Sub-Leases, the City of South Bend <br />may transfer an interest in the Real Property only upon the consent <br />of the Authority; and <br />WHEREAS, the Authority has reviewed said Sub-Lease Agreement <br />and finds it to be reasonable in its terms, finds it to protect, <br />adequately, the interest of the Authority, and finds it to be in the <br />best interests of the Authority that said Sub-Lease Agreement be <br />approved. <br />