HomeMy WebLinkAboutMOU - Redevelopment Commission - Leighton Complex's 1998 Ground & Airspace Lease for Leighton Parking GarageCross -Reference: Document No. 9810420
MEMORANDUM OF ASSIGNMENT AND ASSUMPTION
OF GROUND AND AIRSPACE LEASE
This Memorandum Of Assignment And Assumption Of Ground And Airspace Lease (this
"Memorandum") is made as of August 10, 2017 (the "Effective Date"), by and between the South
Bend Redevelopment Commission (the "Commission"), and the City of South Bend Board of
Public Works (the `Board") (each a "Party" and together the "Parties").
RECITALS
WHEREAS, pursuant to the Commission's Resolution No. 3361 dated September 15,
2016, and the Board's Resolution No. 44-2016 dated September 27, 2016, the Commission and
the Board entered into that certain Assignment And Assumption Of Garage -Related Agreements
dated September 27, 2016 (the "Assignment"); and
WHEREAS, by the Assignment, the Commission assigned to the Board all of the
Commission's rights, interests, and obligations in, to, and under that certain Ground and Airspace
Lease dated March 6, 1998, and recorded on March 9, 1998, as Document No. 9810420 in the
Office of the Recorder of St. Joseph County (the "Ground Lease"); and
WHEREAS, the Parties desire to place as a matter of public record their respective interests
as the assignor and the assignee, respectively, of the Ground Lease.
NOW, THEREFORE, the Parties state as follows:
1. Effective on September 27, 2016, the Commission assigned the Ground Lease to
the Board, and the Board assumed all rights, interests, and obligations of the Commission under
the terms and provisions of the Ground Lease.
2. No third party's consent was required to effect the Parties' assignment and
assumption of the Ground Lease under the Assignment.
3. The recitals set forth above are true and correct and are hereby incorporated herein
by reference.
4. This Memorandum will be governed by and construed in accordance with the laws
of the State of Indiana.
[Signature pages follow.]
IN WITNESS WHEREOF, the Parties have executed this Memorandum to be effective as
of the Effective Date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION, governing body of the South Bend
Department of Redevelopment of the City of South
Bend, Indiana
BY:
Marcia I. Jones, President
ATTEST:
BY:
Donald E. Inks, Secretary
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, known by me to be the President and Secretary, respectively,
of the South Bend Redevelopment Commission, and who, in such capacity, acknowledged the
execution of the foregoing instrument as said Commission's free and voluntary act and deed.
WITNESS my hand and Notarial Seal this day of , 2017.
My Commission Expires:
Notary Public
Residing in County, IN
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COUNTY OF ST. JOSEPH
Before me, the
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CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Gary Gilot, V resident
Therese Dorau, Member
Suzanna Fritzberg, Member
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Elizabeth Maradik, Member
J es Mueller, Member
ATTEST:
nn a Martin, Clerk
SS:
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a Notary Public in and for said State, personally appeared
of the City of South Bend Board of Public Works, and acknowledged
the execution of the foregoing instrument as said Board's free and voluntary act and deed.
11NDA M MARTIN
N. „ public= Seal
State of Indiana
My Cornmissmf, Expires Jun 28, 2020
My Commission Expires:
this 9 day of
2017.
Notary Public
in ,V- Tnsaif County, IN
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have talcen reasonable care to redact cacti Social Security number in this document, unless required
by raw. Benjamin J. Dougherty.
4000,0000013 44697412.004
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