HomeMy WebLinkAboutNo. 1586 approving of transfer of title to certain real property owned by the SBRA to the Commission, authorizing subsequent transfer of said real property and certain actions related theretoRESOLUTION NO. 1586
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING OF THE TRANSFER OF TITLE TO
CERTAIN REAL PROPERTY OWNED BY THE SOUTH BEND
REDEVELOPMENT AUTHORITY TO THE COMMISSION,
AUTHORIZING THE SUBSEQUENT TRANSFER OF SAID REAL
PROPERTY AND CERTAIN ACTIONS RELATED THERETO
WHEREAS, the South Bend Redevelopment Commission (the "Commission ")
previously entered into a lease between the South Bend Redevelopment Authority (the "Authority ")
(the "Authority ") dated as of November 1, 1989, as subsequently amended (the "Lease "), pursuant
to which the Authority leases certain land and public improvements (the "Project ") to the
Commission; and
WHEREAS, the Commission has requested and the Authority has previously
approved of the transfer of title to certain real property which constitutes a portion of the Project to
the Commission, which real property is described at Exhibit A attached hereto and incorporated
herein (the "Real Property"), for the purpose of permitting the Commission to authorize and approve
of the transfer of title to the Real Property to South Bend Leased Housing Associates Limited
Partnership ( "Housing Associates "), as successor in interest to Monroe Park Associates, as a result
of Housing Associates exercising its option to purchase the Real Property pursuant to a sublease
Ark dated as of September 1, 1992, between the Commission and Housing Associates, as successor in
interest to Monroe Park Associates (the "Sublease "); and
WHEREAS, to complete such transactions, the Commission now desires to authorize
the execution of (i) an addendum to lease between the Authority and the Commission and (ii) in
ce consideration of the purchase price set forth in the Sublease (the "Option Price ") and certain other
amounts constituting rent owed to the Commission under the Sublease, a quitclaim deed transferring
title to the Real Property to Housing Associates; and
WHEREAS, Indiana Code 36- 1 -11 -8 provides for the transfer of real property
between governmental entities upon terms and conditions as are agreed upon by the entities as
evidenced by the adoption of substantially identical resolutions by each entity; and
WHEREAS, the Commission had previously offered the Real Property to the public
for lease pursuant to the terms of the Sublease in accordance with the provisions of I.C. 36- 7- 14 -22;
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION, AS FOLLOWS:
1. The Commission hereby approves of the amendment of the Lease to remove
the Real Property from the description of the Project contained in the Lease. The President and
Secretary of the Commission are hereby authorized to execute and attest, respectively, an Addendum
to Lease in substantially the form presented to this meeting with such changes as the President and
Secretary of the Commission deem necessary or appropriate upon the advice of counsel, said officers'
execution and attestation thereof to be conclusive evidence of their approval of such changes.
2. The Commission hereby approves of the transfer of title to the Real Property
by the Authority to the Commission.
3. In consideration of the payment of the Option Price and all other amounts
owed to the Commission under the Sublease, the Commission hereby approves of the subsequent
transfer of title to the Real Property to Housing Associates and authorizes the President and Secretary
of the Commission to execute and attest, respectively, a quitclaim deed as prepared by counsel and
such other documents as may be necessary, if any, to evidence the transfer of title to the Real
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Property by the Commission to Housing Associates. Such deed shall then be recorded with the
office of the County Recorder. The amounts received by Housing Associates as a result of the
transfer of title to the Real Property by the Commission shall be deposited by the Commission as
required by law.
4. All remaining terms, covenants and conditions as set forth in the Lease
between the Authority and the Commission shall remain in full force and effect.
Commission.
5. This resolution shall be in full force and effect after its adoption by the
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
March 6, 1998, Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT COMMISSION
B '4
President
ATTEST:
WAR
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ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY
TO
SOUTH BEND REDEVELOPMENT COMMISSION
(South Bend Central Development Area
Public Improvement Project)
THIS ADDENDUM, made and entered into this day of Keh ,1998,
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
South Bend Department of Redevelopment and the Redevelopment District of South Bend, Indiana
(hereinafter called the "Lessee "),
In consideration of the mutual covenants herein contained it is agreed that the Lease
(South Bend Central Development Area Public Improvement Project) previously entered into
between said parties as of the first day of November, 1989, which Lease was recorded in the office
of the Recorder of St. Joseph County (recording number 9010103), shall be amended as follows:
1. The Project Description is hereby amended to except from said Project
Description the real property described in Exhibit A attached hereto and incorporated herein.
2. The parties hereto acknowledge that all remaining terms, covenants and
conditions as set forth in the Lease and as subsequently amended remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to Lease
to be executed for and on their behalf on the day and year first hereinabove written.
ATTEST:
Secretary- Treasurer
r i g_.4 RI oe
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SOUTH BEND REDEVELOPMENT AUTHORITY
By:
Presi t
SOUTH BEND REDEVELOPMENT COMMISSION
By:„
President
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STATE OF INDIANA )
) ss:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally appeared
u- ; rQ- �0.� e '051C%- and �X rE , personally known by
me to a the President and Secretary- Treasurer, respectively, of the South Bend Redevelopment
Authority, and acknowledged the execution of the foregoing Addendum to Lease for and on behalf
of said Authority.
WITNESS my hand and Notarial Seal this �k 6 day of ru 1998.
( ntten Signature)
'I
C, (Printed Signature)
(SEAL)
My commission expires:
'Z_ t- zoos
I am a resident of
t , �- County, Indiana.
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STATE OF INDIANA )
) ss:
COUNTY OF ST. JOSEPH )
Before pe, the undersigned, a Not Public in and for said State, personally appeared
bi , l�-i�(.la and ��c eL6 i a 'aa _hiA�,n r , 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 O7c,( r- C J,— , 1998.
V(--, r ,Iwn1� rLyr --
(Written Signature)
Ask Vanae-IMC4641
(Printed Signature)
(SEAL)
My commission expires:
I- as- 7-06,f
-
I am a resident of
�_J_ County, Indiana.
This instrument was prepared by Randolph R. Rompola, Baker & Daniels, 205 West Jefferson
Boulevard, South Bend, Indiana 46601
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