HomeMy WebLinkAboutResolution No. 3343 Approving a Proposed Second Addendum to the Lease with the South Bend Redevelopment CommissionRESOLUTION NO. 3343
RESOLUTION OF THE
SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING A PROPOSED SECOND ADDENDUM TO THE LEASE WITH
THE SOUTH BEND REDEVELOPMENT AUTHORITY DATED AS OF
FEBRUARY 1, 2015
WHEREAS, the South Bend Redevelopment Commission (the "Commission "),
governing body of the City of South Bend, Indiana, Department of Redevelopment (the
"Department ") and the Redevelopment District of the City of South Bend, Indiana (the
"Redevelopment District "), exists and operates under the provisions of the Redevelopment of
Cities and Towns Act of 1953 which has been codified in Indiana Code 36 -7 -14 et seq., as
amended from time to time (the "Act "); and
WHEREAS, the Commission has previously designated and declared an area in
the City of South Bend, Indiana (the "City "), known as the River West Development Area to be
an economic development area and an allocation area (the "Area ") for the purpose of collecting
tax increment finance revenues (the "TIF Revenues "), adopted an economic development plan,
and established an allocation fund for said Area; and
WHEREAS, the Commission determined to provide for the construction in the
Area of certain local public improvements as more particularly described in Exhibit A (the
"Original Project "); and
WHEREAS, the Commission and the South Bend Redevelopment Authority (the
"Authority ") previously entered into a lease dated as of February 1, 2015, as amended by the
Addendum to Lease dated as of April 9, 2015 (collectively, the "Lease ") for the lease of the
Original Project; and
Resolution No. 3343
Page 2
WHEREAS, the Original Project was financed by the Authority through the
issuance of its South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2015 (the
'Bonds "); and
WHEREAS, the Commission and the Authority desire to amend the definition of
the Original Project in the Lease to provide for the proceeds of the Bonds to be used for
additional local public improvements including, but not limited to additional improvements to (i)
Michigan Street from the St. Joseph River to Angela Boulevard; (ii) Marion Street from
roundabout to Riverside Drive and Riverside Drive to Michigan Street; (iii) Riverside Drive
from the beginning of curve east of duck pond to Michigan Street; (iv) North St. Joseph Street
from Marion Street to Navarre Street; (v) Navarre Street from Michigan Street to Riverside
Drive; and (vi) Wayne Street from Michigan Street to beginning of the East Jefferson Boulevard
Bridge and curb ramp work, in compliance with the Americans with Disabilities Act of 1990, at
such intersections with such streets (collectively, the "Additional Project ") and to expand the
boundaries of the Original Project to include the Additional Project as more particularly
described in Exhibit B; and
WHEREAS, the Authority will consider a resolution at its next meeting to
approve of a proposed form of second addendum to lease to amend the Lease to include the
Additional Project; and
WHEREAS, the proposed form of second addendum to lease does not amend the
annual lease rental, interest rate, any provision for redemption, any provision for the payment of
capitalized interest, or term of the Lease; and
WHEREAS, there has been prepared and filed with the Commission a proposed
second addendum to lease, a copy of which is attached hereto as Exhibit C, to provide for the
leasing of the Additional Project pursuant to Section 25.2 of the Act; and
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Resolution No. 3343
Page 3
WHEREAS, the Commission desires to approve the proposed second addendum
to lease and authorize its execution and delivery;
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The Commission hereby approves the form of second addendum to lease,
a copy of which is attached hereto as Exhibit C, for the purpose of modifying the Lease to
provide for the construction and leasing of the Additional Project. The President and Secretary
are hereby authorized and directed to execute and attest, respectively, the Second Addendum in
substantially the form presented at this meeting with such changes in form or substance as the
President and Secretary shall approve, such approval to be conclusively evidenced by the
execution and attestation thereof. The President and Secretary are further hereby authorized and
directed to execute and attest any other documents or instruments necessary to accomplish the
modification of the Lease
2. The Commission hereby finds that the proposed second addendum to lease
does not increase the rentals payable under the Lease or change the term of the Lease which have
been previously approved by the Commission.
3. Except as modified in the form of second addendum to lease attached
hereto, all of the other terms, covenants and conditions of the Lease shall remain in full force and
effect and are affirmed by the Commission.
4. This resolution shall be in full force and effect after its adoption by the
Commission.
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Resolution No. 3343
Page 4
ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held on the 28th day of July, 2016.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
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tnature
e and Title
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
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FXHIRIT A
Original Project
"Original Project" means, collectively, all or any portion of the acquisition, construction
and installation of certain local public improvements and any costs related thereto financed by
the Authority with the proceeds of the Bonds as part of the City's Smart Streets initiative and
Westside Main Streets Revitalization Plan which local public improvements shall consist of all
or any portion of the acquisition, construction and installation of the following: pavement,
streetscape, and sidewalk improvements, bulb -out installation, street signage and markings,
installation of bicycle facilities, road widening, intersection and traffic signal interconnection
improvements, utility relocation, utility and sidewalk improvements, and installation of lighting
and right -of -way improvements, all of which local public improvements are to be located in or
along the rights -of -way for the following streets: (i) Bartlett Street between Lafayette Blvd and
Riverside Drive; (ii) Michigan Street between Riverside Drive and Barbie Street; (iii) Main
Street between Park Lane and Barbie Street; (iv) St. Joseph Street between LaSalle Avenue and
Western Avenue; (v) Lafayette Blvd between Park Lane and Indiana Avenue; (vi) Western
Avenue between Michigan Street and Mayflower Road; (vii) Lincolnway West between West
LaSalle Avenue and the City limits (Woodland Avenue); (viii) Marion and Madison Streets
between Michigan Street and Lincolnway West; and (ix) any cross streets related to the
foregoing stretches; all of which and the Authority's interest therein are as described at Exhibit B,
of the Lease.
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EXHIBIT B
Additional Project
"Additional Project" means, collectively, all or any portion of the acquisition,
construction and installation of certain local public improvements and any costs related thereto
financed by the Authority with the proceeds of the Bonds as part of the City's Smart Streets
initiative and Westside Main Streets Revitalization Plan which local public improvements shall
consist of all or any portion of the acquisition, construction and installation of the following:
pavement, streetscape, and sidewalk improvements, bulb -out installation, street signage and
markings, installation of bicycle facilities, road widening, intersection and traffic signal
interconnection improvements, utility relocation, utility and sidewalk improvements, and
installation of lighting and right -of -way improvements, all of which local public improvements
are to be located in or along the rights -of -way for (i) Michigan Street between St. Joseph River to
Angela Boulevard; (ii) Marion Street from roundabout to Riverside Drive and Riverside Drive to
Michigan Street; (iii) Riverside Drive from the beginning of curve east of duck pond to
Michigan Street; (iv) North St. Joseph Street from Marion Street to Navarre Street; (v) Navarre
Street from Michigan Street to Riverside Drive; and (vi) Wayne Street from Michigan Street to
beginning of the East Jefferson Boulevard Bridge and any cross streets related to the foregoing
stretches; all of which and the Authority's interest therein as described as:
MICHIGAN STREET RIGHT -OF -WAY FROM THE ST. JOSEPH RIVER TO ANGELA
BOULEVARD — SMART STREET LEGAL DESCRIPTION:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH,
RANGE 2 EAST, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE POINT OF
INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF MICHIGAN STREET WITH
THE NORTHERLY LINE OF THE ST. JOSEPH RIVER; THENCE NORTH (ALL
BEARINGS ASSUMED) ALONG SAID WEST LINE A DISTANCE OF 685 FEET MORE
OR LESS TO THE NORTHEAST CORNER OF LOT # 80 OF THE PLAT OF "NAVARRE
PLACE 1 ST ADDITION" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA RECORDER'S OFFICE; THENCE CONTINUING IN A NORTHERLY
DIRECTION A DISTANCE OF 140 FEET MORE OR LESS TO A POINT ON THE EAST
LINE OF LOT # 334 OF SAID PLAT; THENCE ALONG SAID EAST LINE A DISTANCE 60
FEET MORE OR LESS; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE
OF SAID LOT # 334 AND LOT # 335 A DISTANCE OF 60 FEET MORE OR LESS TO THE
EASTERLY LINE OF LOT # 336 IN SAID PLAT; THENCE IN A NORTHEASTERLY
DIRECTION A DISTANCE OF 30 FEET MORE OR LESS TO THE NORTHEAST CORNER
OF SAID LOT, THENCE CONTINUING ALONG THE WEST RIGHT -OF -WAY LINE OF
MICHIGAN STREET, NORTH A DISTANCE OF 500 FEET MORE OR LESS TO THE
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NORTH LINE OF A VACATED PORTION OF PEASHWAY STREET; THENCE WEST
ALONG SAID NORTH LINE A DISTANCE OF 2 FEET MORE OR LESS TO THE EAST
LINE OF THE WEST 9 FEET OF LOT # 14 OF THE PLAT OF "LEEPERS 2ND ADDITION"
AS RECORDED IN THE RECORDS OF SAID RECORDER'S OFFICE SAID LINE ALSO
BEING THE WEST RIGHT -OF -WAY LINE OF MICHIGAN STREET; THENCE NORTH
ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -
OF -WAY LINE OF ANGELA BOULEVARD; THENCE EAST ALONG THE EASTERLY
EXTENSION OF SAID ANGELA BOULEVARD A DISTANCE OF 102 FEET MORE OR
LESS; THENCE SOUTH A DISTANCE OF 60 FEET MORE OR LESS TO THE
NORTHWEST CORNER OF LOT # 1 IN THE PLAT OF "LEEPERS 1ST ADDITION" AS
RECORDED IN THE RECORDS OF SAID RECORDER'S OFFICE, SAID LINE ALSO
BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF
ANGELA BOULEVARD WITH THE EAST RIGHT -OF -WAY LINE OF MICHIGAN
STREET; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 798 FEET MORE
OR LESS; THENCE WEST 14 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF
410 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF A OLD PENN
CENTRAL ABANDONED RAILROAD SPUR; THENCE SOUTHEASTERLY ALONG SAID
ABANDONED RAILROAD SPUR A DISTANCE OF 140 FEET MORE OR LESS TO THE
NORTHEAST CORNER OF LOT # 11 IN SAID PLAT OF "NAVARRE PLACE ST
ADDITION "; THENCE WEST ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF
55.5 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT, SAID
CORNER ALSO BEING ON THE EAST RIGHT -OF -WAY LINE OF MICHIGAN STREET;
THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 685 FEET MORE OR LESS
TO A POINT ON THE NORTH LINE OF THE ST. JOSEPH RIVER; THENCE WEST
ALONG SAID NORTH LINE A DISTANCE OF 80 FEET MORE OR LESS TO THE POINT
OF BEGINNING.
CONTAINING 3.98 ACRES MORE OR LESS.
MARION STREET- FROM ROUNDABOUT TO RIVERSIDE DRIVE, RIVERSIDE DRIVE
TO MICHIGAN STREET (LEEPER PARK EAST AREA) - SMART STREET LEGAL
DESCRIPTION
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF
MARION STREET WITH THE WEST RIGHT -OF -WAY LINE OF NORTH ST. JOSEPH
STREET; THENCE EAST ALONG THE EXTENDED NORTH RIGHT -OF -WAY LINE OF
MARION STREET TO A POINT OF INTERSECTION WITH THE EAST RIGHT -OF -WAY
LINE OF SAID NORTH ST. JOSEPH STREET; THENCE CONTINUING EAST AND
NORTHEASTERLY ALONG THE NORTH LINE OF SAID MARION STREET A
DISTANCE OF 266.60 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH
THE WESTERLY RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE; THENCE CONTINUING
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IN A NORTHEASTERLY DIRECTION ALONG SAID WESTERLY LINE TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF NAVARRE STREET;
THENCE NORTH 82.5 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE
NORTH RIGHT -OF -WAY LINE OF NAVARRE STREET WITH THE WESTERLY RIGHT -
OF -WAY LINE OF RIVERSIDE DRIVE; THENCE CONTINUING IN A
NORTHWESTERLY DIRECTION ALONG SAID WESTERLY LINE TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF BARTLETT STREET;
THENCE NORTH 66 FEET MORE OR LESS TO THE POINT OF INTERSECTION OF THE
NORTH RIGHT -OF -WAY LINE OF BARTLETT STREET WITH THE WESTERLY RIGHT -
OF -WAY LINE OF RIVERSIDE DRIVE; THENCE CONTINUING IN A
NORTHWESTERLY AND WESTERLY DIRECTION ALONG THE WESTERLY AND
SOUTHERLY LINE OF SAID RIVERSIDE DRIVE TO A POINT OF INTERSECTION WITH
THE EAST RIGHT -OF -WAY LINE OF MICHIGAN STREET; THENCE ALONG SAID
EAST LINE EXTENDED NORTH 35 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAID RIVERSIDE
DRIVE; THENCE IN AN EASTERLY AND SOUTHEASTERLY DIRECTION ALONG THE
NORTH AND EAST LINE OF SAID RIVERSIDE DRIVE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE OF BARTLETT STREET EXTENDED EAST;
THENCE EAST ALONG THE NORTHRIGHT -OF -WAY LINE OF BARTLETT STREET 30
FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EAST RIGHT -OF-
WAY LINE OF SAID RIVERSIDE DRIVE; THENCE ALONG THE EAST AND
SOUTHEASTERLY RIGHT -OF -WAY LINE OF SAID RIVERSIDE DRIVE TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF MARION STREET;
THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE FOR THE NEXT THREE
COURSES, WEST 349 FEET MORE OR LESS AND SOUTH 15 FEET MORE OR LESS
AND WEST 41.25 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE
WEST RIGHT -OF -WAY LINE OF A VACATED PORTION OF NORTH ST. JOSEPH
STREET; THENCE NORTH ALONG THE EXTENDED WEST RIGHT -OF -WAY LINE OF
SAID VACATED PORTION OF NORTH ST. JOSEPH STREET 82.5 FEET MORE OR LESS
TO THE POINT OF BEGINNING.
RIVERSIDE DRIVE FROM THE BEGINNING OF CURVE EAST OF DUCK POND TO
MICHIGAN STREET (LEEPER PARK WEST AREA) - SMART STREET LEGAL
DESCRIPTION
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF
MICHIGAN STREET WITH THE SOUTH RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE;
THENCE ALONG THE SOUTH RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE IN A
NORTHWESTERLY AND SOUTHWESTERLY DIRECTION TO A POINT WHICH IS 520
FEET MORE OR LESS WEST OF THE WEST RIGHT -OF -WAY LINE OF SAID
MICHIGAN STREET; THENCE NORTH 35 FEET MORE OR LESS TO THE NORTH
RIGHT -OF -WAY LINE OF SAID RIVERSIDE DRIVE; THENCE ALONG SAID NORTH
RIGHT -OF -WAY LINE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION
TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF SAID
MICHIGAN STREET; THENCE ALONG SAID WEST RIGHT -OF -WAY EXTENDED
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SOUTH TO THE POINT OF BEGINNING.
NORTH ST. JOSEPH STREET FROM MARION STREET TO NAVARRE STREET -
SMART STREET LEGAL DESCRIPTION
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF
MARION STREET WITH THE WEST RIGHT -OF -WAY LINE OF NORTH ST. JOSEPH
STREET; THENCE NORTH ALONG THE WEST RIGHT -OF -WAY LINE OF NORTH ST.
JOSEPH STREET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY
LINE OF NAVARRE STREET; THENCE ALONG SAID SOUTH LINE EXTENDED EAST
TO A POINT OF INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF SAID
NORTH ST. JOSEPH STREET; THENCE SOUTH ALONG SAID EAST RIGHT -OF -WAY
LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF
SAID MARION STREET; THENCE ALONG SAID NORTH LINE EXTENDED WEST TO
POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF SAID NORTH
ST. JOSEPH STREET AND THE POINT OF BEGINNING.
NAVARRE STREET FROM MICHIGAN STREET TO RIVERSIDE DRIVE - SMART
STREET LEGAL DESCRIPTION
BEGINNING AT A POINT ON THE NORTH RIGHT -OF -WAY LINE OF NAVARRE
STREET WHICH IS 185 FEET MORE OR LESS EAST OF THE EAST RIGHT -OF -WAY
LINE OF MICHIGAN STREET; THENCE EAST ALONG THE NORTH RIGHT -OF -WAY
LINE OF NAVARRE STREET TO A POINT OF INTERSECTION WITH THE WEST
RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE; THENCE ALONG SAID WEST LINE
EXTENDED SOUTH 82.5 FEET MORE OF LESS TO THE SOUTH RIGHT -OF -WAY LINE
OF SAID NAVARRE STREET; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY
LINE TO A POINT WHICH IS 185 FEET EAST OF THE EAST RIGHT -OF -WAY LINE OF
MICHIGAN STREET; THENCE NORTH 82.5 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
WAYNE STREET FROM MICHIGAN STREET TO BEGINNING OF THE EAST
JEFFERSON BOULEVARD BRIDGE - SMART STREET LEGAL DESCRIPTION
BEGINNING AT A POINT OF INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF
ST. JOSEPH STREET WITH THE NORTH RIGHT -OF -WAY LINE OF WAYNE STREET;
THENCE ALONG SAID NORTH LINE IN A NORTHEASTERLY DIRECTION TO A POINT
OF INTERSECTION WITH THE WEST EDGE OF THE EAST JEFFERSON BOULEVARD
BRIDGE; THENCE SOUTH ALONG SAID WEST BRIDGE EDGE 82.5 FEET MORE OR
LESS TO THE SOUTH RIGHT -OF -WAY LINE OF SAID WAYNE STREET; THENCE
SOUTHWESTERLY ALONG THE SOUTH RIGHT -OF -WAY LINE OF SAID WAYNE
STREET WHICH IS A 82.5 FOOT WIDE RIGHT -OF -WAY TO A POINT OF
INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF SAID ST. JOSEPH STREET;
THENCE ALONG SAID EAST LINE EXTENDED NORTHEASTERLY 82.5 FEET MORE
OR LESS TO THE POINT OF BEGINNING.
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EXHIBIT C
(Second Addendum to Lease)
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SECOND ADDENDUM TO LEASE
between the South Bend Redevelopment Authority, as Lessor,
and the South Bend Redevelopment Commission, as Lessee
THIS SECOND ADDENDUM TO LEASE (the "Second Addendum "), made and
entered into as of this Y"` day of August, 2016, by and between the South Bend Redevelopment
Authority, a body corporate and politic organized and existing under Indiana Code 36 -7 -14.5
(hereinafter with its successors and assigns referred to as the "Authority "), and the South Bend
Redevelopment Commission, the governing body of the City of South Bend Department of
Redevelopment and the Redevelopment District of the City of South Bend, Indiana (hereinafter
called the "Lessee "),
WITNESSETH:
WHEREAS, the Authority and the Lessee have entered into a Lease dated as of
February 1, 2015 (collectively, the "Lease "), as amended by an Addendum to Lease, dated as of
April 9, 2015 (the "Addendum to Lease" and collectively with the Lease, the "Lease "); and
WHEREAS, the Authority and Lessee now desire to amend the Lease in
accordance with the terms and conditions set forth in this Second Addendum;
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NOW, THEREFORE, in consideration of the mutual covenants contained herein
and in the Lease, as amended, and modified hereby, it is hereby mutually agreed that the Lease is
hereby ratified and confirmed and is hereby amended as follows:
The following definition contained in Section 1 of the Lease is amended to
read as follows:
"Project" means, collectively, all or any portion of the acquisition,
construction and installation of certain local public improvements and any costs
related thereto financed by the Authority with the proceeds of the Bonds as part of
the City's Smart Streets initiative and Westside Main Streets Revitalization Plan
which local public improvements shall consist of all or any portion of the
acquisition, construction and installation of the following: pavement, streetscape,
and sidewalk improvements, bulb -out installation, street signage and markings,
installation of bicycle facilities, road widening, intersection and traffic signal
interconnection improvements, utility relocation, utility and sidewalk
improvements, and installation of lighting and right -of -way improvements, all of
which local public improvements are to be located in or along the rights -of -way
for the following streets: (i) Bartlett Street between Lafayette Blvd and Riverside
Drive; (ii) Michigan Street between Riverside Drive and Barbie Street; (iii) Main
Street between Park Lane and Barbie Street; (iv) St. Joseph Street between
LaSalle Avenue and Western Avenue; (v) Lafayette Blvd between Park Lane and
Indiana Avenue; (vi) Western Avenue between Michigan Street and Mayflower
Road; (vii) Lincolnway West between West LaSalle Avenue and the City limits
(Woodland Avenue); (viii) Marion and Madison Streets between Michigan Street
and Lincolnway West; (ix) Michigan Street between the St. Joseph River to
Angela Boulevard; (x) Marion Street from roundabout to Riverside Drive and
Riverside Drive to Michigan Street; (xi) Riverside Drive from the beginning of
curve east of duck pond to Michigan Street; (xii) North St. Joseph Street from
Marion Street to Navarre Street; (xiii) Navarre Street from Michigan Street to
Riverside Drive; (xiv) Wayne Street from Michigan Street to beginning of the
East Jefferson Boulevard Bridge; and (xv) any cross streets related to the
foregoing stretches; all of which and the Authority's interest therein are as
described at Exhibit B.
2. The following legal descriptions are added to Exhibit B, to the Lease:
EXHIBIT B
PROJECT DESCRIPTION
AND
REAL ESTATE DESCRIPTION
MICHIGAN STREET RIGHT -OF -WAY FROM THE ST. JOSEPH RIVER TO ANGELA
BOULEVARD — SMART STREET LEGAL DESCRIPTION:
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THAT PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH,
RANGE 2 EAST, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE POINT OF
INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF MICHIGAN STREET WITH
THE NORTHERLY LINE OF THE ST. JOSEPH RIVER; THENCE NORTH (ALL
BEARINGS ASSUMED) ALONG SAID WEST LINE A DISTANCE OF 685 FEET MORE
OR LESS TO THE NORTHEAST CORNER OF LOT # 80 OF THE PLAT OF "NAVARRE
PLACE 1ST ADDITION" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA RECORDER'S OFFICE; THENCE CONTINUING IN A NORTHERLY
DIRECTION A DISTANCE OF 140 FEET MORE OR LESS TO A POINT ON THE EAST
LINE OF LOT # 334 OF SAID PLAT; THENCE ALONG SAID EAST LINE A DISTANCE 60
FEET MORE OR LESS; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE
OF SAID LOT # 334 AND LOT # 335 A DISTANCE OF 60 FEET MORE OR LESS TO THE
EASTERLY LINE OF LOT # 336 IN SAID PLAT; THENCE IN A NORTHEASTERLY
DIRECTION A DISTANCE OF 30 FEET MORE OR LESS TO THE NORTHEAST CORNER
OF SAID LOT, THENCE CONTINUING ALONG THE WEST RIGHT -OF -WAY LINE OF
MICHIGAN STREET, NORTH A DISTANCE OF 500 FEET MORE OR LESS TO THE
NORTH LINE OF A VACATED PORTION OF PEASHWAY STREET; THENCE WEST
ALONG SAID NORTH LINE A DISTANCE OF 2 FEET MORE OR LESS TO THE EAST
LINE OF THE WEST 9 FEET OF LOT # 14 OF THE PLAT OF "LEEPERS 2ND ADDITION"
AS RECORDED IN THE RECORDS OF SAID RECORDER'S OFFICE SAID LINE ALSO
BEING THE WEST RIGHT -OF -WAY LINE OF MICHIGAN STREET; THENCE NORTH
ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -
OF -WAY LINE OF ANGELA BOULEVARD; THENCE EAST ALONG THE EASTERLY
EXTENSION OF SAID ANGELA BOULEVARD A DISTANCE OF 102 FEET MORE OR
LESS; THENCE SOUTH A DISTANCE OF 60 FEET MORE OR LESS TO THE
NORTHWEST CORNER OF LOT # 1 IN THE PLAT OF "LEEPERS 1 ST ADDITION" AS
RECORDED IN THE RECORDS OF SAID RECORDER'S OFFICE, SAID LINE ALSO
BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF
ANGELA BOULEVARD WITH THE EAST RIGHT -OF -WAY LINE OF MICHIGAN
STREET; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 798 FEET MORE
OR LESS; THENCE WEST 14 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF
410 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF A OLD PENN
CENTRAL ABANDONED RAILROAD SPUR; THENCE SOUTHEASTERLY ALONG SAID
ABANDONED RAILROAD SPUR A DISTANCE OF 140 FEET MORE OR LESS TO THE
NORTHEAST CORNER OF LOT # 11 IN SAID PLAT OF "NAVARRE PLACE 1ST
ADDITION "; THENCE WEST ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF
55.5 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT, SAID
CORNER ALSO BEING ON THE EAST RIGHT -OF -WAY LINE OF MICHIGAN STREET;
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THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 685 FEET MORE OR LESS
TO A POINT ON THE NORTH LINE OF THE ST. JOSEPH RIVER; THENCE WEST
ALONG SAID NORTH LINE A DISTANCE OF 80 FEET MORE OR LESS TO THE POINT
OF BEGINNING.
CONTAINING 3.98 ACRES MORE OR LESS.
MARION STREET- FROM ROUNDABOUT TO RIVERSIDE DRIVE, RIVERSIDE DRIVE
TO MICHIGAN STREET (LEEPER PARK EAST AREA) - SMART STREET LEGAL
DESCRIPTION
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF
MARION STREET WITH THE WEST RIGHT -OF -WAY LINE OF NORTH ST. JOSEPH
STREET; THENCE EAST ALONG THE EXPENDED NORTH RIGHT -OF -WAY LINE OF
MARION STREET TO A POINT OF INTERSECTION WITH THE EAST RIGHT -OF -WAY
LINE OF SAID NORTH ST. JOSEPH STREET; THENCE CONTINUING EAST AND
NORTHEASTERLY ALONG THE NORTH LINE OF SAID MARION STREET A
DISTANCE OF 266.60 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH
THE WESTERLY RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE; THENCE CONTINUING
IN A NORTHEASTERLY DIRECTION ALONG SAID WESTERLY LINE TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF NAVARRE STREET;
THENCE NORTH 82.5 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE
NORTH RIGHT -OF -WAY LINE OF NAVARRE STREET WITH THE WESTERLY RIGHT -
OF -WAY LINE OF RIVERSIDE DRIVE; THENCE CONTINUING IN A
NORTHWESTERLY DIRECTION ALONG SAID WESTERLY LINE TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF BARTLETT STREET;
THENCE NORTH 66 FEET MORE OR LESS TO THE POINT OF INTERSECTION OF THE
NORTH RIGHT -OF -WAY LINE OF BARTLETT STREET WITH THE WESTERLY RIGHT -
OF -WAY LINE OF RIVERSIDE DRIVE; THENCE CONTINUING IN A
NORTHWESTERLY AND WESTERLY DIRECTION ALONG THE WESTERLY AND
SOUTHERLY LINE OF SAID RIVERSIDE DRIVE TO A POINT OF INTERSECTION WITH
THE, EAST RIGHT -OF -WAY LINE OF MICHIGAN STREET; THENCE ALONG SAID
EAST LINE EXTENDED NORTH 35 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAID RIVERSIDE
DRIVE; THENCE IN AN EASTERLY AND SOUTHEASTERLY DIRECTION ALONG THE
NORTH AND EAST LINE OF SAID RIVERSIDE DRIVE TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT -OF -WAY LINE OF BARTLETT STREET EXTENDED EAST;
THENCE EAST ALONG THE NORTHRIGHT -OF -WAY LINE OF BARTLETT STREET 30
FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EAST RIGHT -OF-
WAY LINE OF SAID RIVERSIDE DRIVE; THENCE ALONG THE EAST AND
SOUTHEASTERLY RIGHT -OF -WAY LINE OF SAID RIVERSIDE DRIVE TO A POINT OF
INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF MARION STREET;
THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE FOR THE NEXT THREE
COURSES, WEST 349 FEET MORE OR LESS AND SOUTH 15 FEET MORE OR LESS
AND WEST 41.25 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE
WEST RIGHT -OF -WAY LINE OF A VACATED PORTION OF NORTH ST. JOSEPH
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STREET; THENCE NORTH ALONG THE EXTENDED WEST RIGHT -OF -WAY LINE OF
SAID VACATED PORTION OF NORTH ST. JOSEPH STREET 82.5 FEET MORE OR LESS
TO THE POINT OF BEGINNING.
RIVERSIDE DRIVE FROM THE BEGINNING OF CURVE EAST OF DUCK POND TO
MICHIGAN STREET (LEEPER PARK WEST AREA) - SMART STREET LEGAL
DESCRIPTION
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF
MICHIGAN STREET WITH THE SOUTH RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE;
THENCE ALONG THE SOUTH RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE IN A
NORTHWESTERLY AND SOUTHWESTERLY DIRECTION TO A POINT WHICH IS 520
FEET MORE OR LESS WEST OF THE WEST RIGHT -OF -WAY LINE OF SAID
MICHIGAN STREET; THENCE NORTH 35 FEET MORE OR LESS TO THE NORTH
RIGHT -OF -WAY LINE OF SAID RIVERSIDE DRIVE; THENCE ALONG SAID NORTH
RIGHT -OF -WAY LINE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION
TO A POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF SAID
MICHIGAN STREET; THENCE ALONG SAID WEST RIGHT -OF -WAY EXTENDED
SOUTH TO THE POINT OF BEGINNING.
NORTH ST. JOSEPH STREET FROM MARION STREET TO NAVARRE STREET -
SMART STREET LEGAL DESCRIPTION
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF
MARION STREET WITH THE WEST RIGHT -OF -WAY LINE OF NORTH ST. JOSEPH
STREET; THENCE NORTH ALONG THE WEST RIGHT -OF -WAY LINE OF NORTH ST.
JOSEPH STREET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY
LINE OF NAVARRE STREET; THENCE ALONG SAID SOUTH LINE EXTENDED EAST
TO A POINT OF INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF SAID
NORTH ST. JOSEPH STREET; THENCE SOUTH ALONG SAID EAST RIGHT -OF -WAY
LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF
SAID MARION STREET; THENCE ALONG SAID NORTH LINE EXTENDED WEST TO
POINT OF INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF SAID NORTH
ST. JOSEPH STREET AND THE POINT OF BEGINNING.
NAVARRE STREET FROM MICHIGAN STREET TO RIVERSIDE DRIVE - SMART
STREET LEGAL DESCRIPTION
BEGINNING AT A POINT ON THE NORTH RIGHT -OF -WAY LINE OF NAVARRE
STREET WHICH IS 185 FEET MORE OR LESS EAST OF THE EAST RIGHT -OF -WAY
LINE OF MICHIGAN STREET; THENCE EAST ALONG THE NORTH RIGHT -OF -WAY
LINE OF NAVARRE STREET TO A POINT OF INTERSECTION WITH THE WEST
RIGHT -OF -WAY LINE OF RIVERSIDE DRIVE; THENCE ALONG SAID WEST LINE
EXTENDED SOUTH 82.5 FEET MORE OF LESS TO THE SOUTH RIGHT -OF -WAY LINE
OF SAID NAVARRE STREET; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY
LINE TO A POINT WHICH IS 185 FEET EAST OF THE EAST RIGHT -OF -WAY LINE OF
-5-
US.107142594.02
MICHIGAN STREET; THENCE NORTH 82.5 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
WAYNE STREET FROM MICHIGAN STREET TO BEGINNING OF THE EAST
JEFFERSON BOULEVARD BRIDGE - SMART STREET LEGAL DESCRIPTION
BEGINNING AT A POINT OF INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF
ST. JOSEPH STREET WITH THE NORTH RIGHT -OF -WAY LINE OF WAYNE STREET;
THENCE ALONG SAID NORTH LINE IN A NORTHEASTERLY DIRECTION TO A POINT
OF INTERSECTION WITH THE WEST EDGE OF THE EAST JEFFERSON BOULEVARD
BRIDGE; THENCE SOUTH ALONG SAID WEST BRIDGE EDGE 82.5 FEET MORE OR
LESS TO THE SOUTH RIGHT -OF -WAY LINE OF SAID WAYNE STREET; THENCE
SOUTHWESTERLY ALONG THE SOUTH RIGHT -OF -WAY LINE OF SAID WAYNE
STREET WHICH IS A 82.5 FOOT WIDE RIGHT -OF -WAY TO A POINT OF
INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF SAID ST. JOSEPH STREET;
THENCE ALONG SAID EAST LINE EXTENDED NORTHEASTERLY 82.5 FEET MORE
OR LESS TO THE POINT OF BEGINNING.
3. Except as modified herein, all of the other terms, covenants and conditions
of the Lease shall remain in full force and effect and are affirmed by Authority and Lessee.
4. Capitalized terms used herein and not otherwise defined shall have the
meaning given to them in the Lease.
5. This Addendum is effective as of its date.
-6-
US. 107142594.02
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be
executed for and on their behalf as of the day and year first hereinabove written.
SOUTH BEND
REDEVELOPMENT AUTHORITY
i
B•
is and Klee, President t d
ATTEST:
Erin Ha , Secretary -Tr s •er
SOUTH BEND
REDEVELOPMENT COMMISSION
Marcia I. Jones, Pres6zt
ATTEST:
D nald E. nks, Secretary
(Signature page to Second Addendum to Lease)
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally
appeared Richard Klee and Erin Hanig, personally known by me to be the President and
Secretary- Treasurer, respectively, of the Board of Directors of the South Bend Redevelopment
Authority, and acknowledged the execution of the foregoing Second Addendum to Lease for and
on behalf of said Authority.
WITNESS my hand and Notarial Seal this day of 2016.
` `PUwnne No =hA e o Na EL
.o; ounty
`z' EA ; * ea4747 n ExPires r � 0 �� (Written Signature)
(Printed Signature)
My commission expires: z CI� .
I am a resident of — '� County, Indiana.
(Notary page to Second Addendum to Lease)
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally
appeared Marcia I. Jones and Donald E. Inks, personally known by me to be the President and
Secretary, respectively, of the South Bend Redevelopment Commission, and acknowledged the
execution of the foregoing Second Addendum to Lease for and on behalf of said Commission.
WITNESS my hand and Notarial Seal this day of day of
2016.
KANDEE BLOCKJINKEL
1�n••• �vl% Notary Public, State of Indiana
o;
=Z %SEAL;"_ St Joseph County
fi
Commission 644747
My Commission Expires
Mav 28, 2021 (Written Signature)
kancle,e
(Printed Signature)
My commission expires: / / d Q
I am a resident of County, Indiana.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law: Randolph R. Rompola.
This instrument prepared by Randolph R. Rompola, Faegre Baker Daniels LLP, 202 S. Michigan Street,
Suite 1400, South Bend, Indiana 46601.
(Notary page to Second Addendum to Lease)
US.107142594.02