HomeMy WebLinkAboutAssignment & Assumption of Garage-Related Agreements - Dept of RedevelopmentASSIGNMENT AND ASSUMPTION
OF GARAGE -RELATED AGREEMENTS
This Assignment And Assumption Of Garage -Related Agreements (this "Assignment")
dated as of September 27, 2016 (the "Effective Date"), is entered into by and between the City of
South Bend, acting by and through its Board of Public Works (the "Board"), and the City of
South Bend, Department of Redevelopment, acting by and through its governing body, the South
Bend Redevelopment Commission (the "Commission") (each a "Party" and collectively the
"Parties").
RECITALS
A. The City of South Bend (the "City"), through its governing bodies, has
constructed, equipped, maintained, and operated the parking facilities located at 126 N. Main
Street (the "Main Street Garage"), 109 W. Jefferson Boulevard (the "Leighton Garage"), and 121
E. Wayne Street (the "Wayne Street Garage") (collectively, the "Garages").
B. The Board holds equitable title to the Main Street Garage and the Leighton
Garage.
C. By the warranty deed dated September 15, 2016, which the Board accepted on
September 27, 2016, as stated in Resolution No. 44-2016, the Commission conveyed to the
Board legal title to the Wayne Street Garage.
D. Consistent with the consolidation of the Board's ownership of the Garages, the
Commission desires to assign to the Board all of the Commission's rights, interests, and
obligations in, to, and under certain agreements with respect to the Garages, and the Board
desires to accept the assignment thereof and assume the Commission's rights, interests, and
obligations thereunder.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Assignment. The Commission hereby transfers, assigns, and conveys, all of the
Commission's rights, interests, and obligations in, to, and under the following agreements
(collectively, the "Assigned Agreements"):
(a) Ground and Airspace Lease by and between the Commission and Leighton
Plaza Offices, LLC, as successor -in -interest to Riggs & Company, a
division of Riggs Bank N.A., trustee of the Multi -Employer Property
Trust, dated March 6, 1998, attached hereto as Exhibit 1 (for property
located at 130 S. Main Street and adjacent to and above the Leighton
Garage);
(b) Ground Lease by and between the Commission and Memorial Hospital of
South Bend, Inc., dated January 23, 1998, attached hereto as Exhibit 2 (for
property located at 111 W. Jefferson Boulevard and adjoining and above
the Leighton Garage);
(c) Lease by and between the Commission and J Weldy, LLC, as successor -
in -interest to Bruno Cataldo, dated August 1, 2010, as amended by the
Second Amendment to Lease, dated January 13, 2014, collectively
attached hereto in reverse chronological order as Exhibit 3 (for property
located in the ground level of the Leighton Garage);
(d) Lease by and between the Commission and First Church of Christ
Scientist South Bend, dated September 7, 2007, as amended by the First
Amendment to Lease, dated August 16, 2012, collectively attached hereto
in reverse chronological order as Exhibit 4 (for property located in the
ground level of the Leighton Garage);
(e) Lease by and between the Commission and Le Peep of South Bend, Inc.,
dated October 20, 2000, as amended by the First Amendment to Lease,
dated February 13, 2003, the Second Amendment to Lease, dated
November 2, 2007, the Third Amendment to Lease, dated November 1,
2008, and the Fourth Amendment to Lease, dated May 10, 2011,
collectively attached hereto in reverse chronological order as Exhibit 5
(for property located in the ground level of the Leighton Garage);
(f) Lease by and between the Commission and Gordon Ventures, LLC d/b/a
Edible Arrangements, dated October 11, 2012, attached hereto as Exhibit
6 (for property located in the ground level of the Leighton Garage);
(g) Lease by and between the Commission and Times Five, LLC d/b/a Linden
Grill, dated April 27, 2016, attached hereto as Exhibit 7 (for property
located in the ground level of the Leighton Garage);
(h) Lease by and between the Commission and Michiana Brewer's Supply
LLC, dated June 1, 2014, as amended by the First Amendment to Lease
dated June 13, 2016, collectively attached hereto in reverse chronological
order as Exhibit 8 (for property located in the ground level of the Leighton
Garage);
(i) Lease by and between the Commission and Sonja Young d/b/a Vesuvio's
Pizza, dated July 26, 2011, as amended by the First Amendment to Lease,
dated December 22, 2014, collectively attached hereto in reverse
chronological order as Exhibit 9 (for property located in the ground level
of the Wayne Street Garage); and
(j) Commercial Property Management and Leasing Agreement by and
between the Commission and Bradley Company, LLC, dated February 1,
2015, attached hereto as Exhibit 10 (relating to management and leasing of
retail space in the Leighton Garage and the Wayne Street Garage).
2. Assumption. The Board hereby assumes all rights, interests, and obligations of
the Commission under the terms and provisions of the Assigned Agreements, whether presently
existing or arising after the date of this Assignment.
3. Successors and Assigns. This Assignment shall be binding on and inure to the
benefit of the Commission and the Board and their respective successors -in -interest and
permitted assigns.
4. Consent. In accordance with the respective terms of the Assigned Agreements, no
third party's consent is required to carry out the assignment and assumption stated herein.
IN WITNESS WHEREOF, the Commission and the Board have executed this
Assignment And Assumption Of Garage -Related Agreements as of the Effective Date stated
above.
SOUTH BEND REDEVELOPMENT
nNB4ISSION
. a-16
Marcia I. Jones, Preside
ATT ST:
D nald E. Inks, Secretary
4000.000001356552052,002
CITY OF SOUTH BEND
BOARD OF PU/BLIC WORKS
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Gary Gilot, President
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Jar9ks Mueller, Member
David Relos, Member
ATTE�T:
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Lm a Martin, Clerk