Annexing, Amending the Zoning for Property located in Clay Township Rainbow Child Development 17316 & 17288 State Road 23

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RAINBOW CITILD ANNEXATION AREA — SUBSTITUTION OF PETITIONER IN SOUTH BEND COMMON COUNCIL ANNEXATION ORDINANCE WHEREAS, A Petition To Annex to the City of South Bend, Indiana, certain real estate located at 17288 and 17386 State Road 23, in St. Joseph County, Indiana ( "the Annexation Petition') was filed on July 22, 2014 by Property 23, LLC ( "Property 23 ") with the South Bend Common Council; and WHEREAS, after the Annexation Petition was filed with the South Bend Common Council, the real estate parcels for which annexation is sought were transferred on August 8, 2014 by warranty deed from Property 23 to Rainbow Rascals South Bend, LLC ( "Rainbow Rascals'); and WHEREAS, both Property 23 and Rainbow Rascals desire to acknowledge and confirm that Rainbow Rascals as sole current legal owner of the real estate which is the subject of the Annexation Petition, desires to proceed in its own name with the Annexation Petition, and that Property 23 will no longer be party to the Annexation Petition. Therefore, it is AGREED, STIPULATED, and CONFIRMED that: 1. Rainbow Rascals South Bend LLC ( "Rainbow Rascals ") shall be substituted in all ways as the Petitioner for Property 23, LLC ( "Property 23 ") in the Petition for Annexation and Zoning filed with the Common Council of the City of South Bend for the Rainbow Child Annexation Area at 17288 and 17316 State Road 23. 2. Rainbow Rascals consents to all the terms and conditions of the Annexation Petition and affirms its willingness to proceed with the Annexation Petition as the new sole owner of land in the territory sought to be annexed. 3. Property 23 fully consents and agrees to this Substitution. Signatures and Printed Names of All Property Owners or Authorized Representative: Property 23, LLC Printed: J0L4fn pF Rainbow Rascals South Bend LLC Printed: