HomeMy WebLinkAboutNo. 1507 authorizing the execution of a lease for certain land and public improvements on behalf of the COSB and regarding other related mattersRESOLUTION NO. 1507
. RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AUTHORIZING THE EXECUTION OF
A LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS
ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA,
AND REGARDING OTHER RELATED MATTERS
WHEREAS, the South Bend Redevelopment Authority (the "Authority ") has been
created pursuant to I.C. 36 -7 -14.5 as a separate body, corporate and politic, and as an
instrumentality of the City of South Bend to finance local public improvements for lease to the
South Bend Redevelopment Commission (the "Commission "); and
WHEREAS, the Commission has previously entered into a lease with the Authority
dated as of March 1, 1992, as amended by an addendum to lease between the Authority and the
Commission dated as of August 7, 1992 (collectively, the "Original Lease "), whereby the
Authority currently leases to the Commission certain real estate and a building located thereon
commonly known as the Palais Royale (the "Palais Royale ") (the "Original Project ") in the City
of South Bend, Indiana (the "City "); and
WHEREAS, the Authority has previously adopted resolutions (i) on April 18,
1997, indicating its intent to issue its lease rental revenue bonds to finance the costs of the
acquisition, construction, renovation and equipping of the Morris Performing Arts Center which
includes improvements to certain portions of the Palais Royale and acquisition of and
improvements to the adjacent facility known as the Morris Civic Center (collectively, the
"Additional Project ") and related expenses pursuant to I.C. 36 -7- 14.5 -19 and (ii) on May 2, 1997,
approving a proposed amended and restated lease between the Authority and the Commission for
the Original Project and the Additional Project (the "Amended and Restated Lease "); and
..
WHEREAS, on May 2, 1997, the Commission approved the proposed Amended
and Restated Lease, scheduled a public hearing on the Amended and Restated Lease to be held
on June 6, 1997, at 10:00 a.m. (local time), at 1308 County -City Building, and authorized the
publication of a notice of public hearing on the Amended and Restated Lease pursuant to I.C. 5-
3 -1; and
WHEREAS, a notice of public hearing on the Amended and Restated Lease was
published on May 9, 1997, pursuant to I.C. 5 -3 -1; and
WHEREAS, on this date said public hearing has been held and all interested
parties have been provided the opportunity to be heard at the hearing; and
WHEREAS, the Commission intends to pay rent for the Additional Project to the
Authority (the "Rental Payments "), pursuant to the terms of the Amended and Restated Lease,
(` at a rate not to exceed One Million Three Hundred Ninety Thousand and 00 /100 Dollars
($1,390,000.00) per year in semiannual installments beginning on the day the Additional Project
is completed and ready for use, or July 28, 1999, whichever is later, through expiration of the
Amended and Restated Lease;
NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment
Commission as follows:
The President or Vice President and Secretary of this Commission are
hereby authorized and directed, on behalf of the City of South Bend, to execute, attest, and
deliver the Amended and Restated Lease in substantially the form presented at this meeting with
such changes in form or substance as the President or Vice President of this Commission shall
approve, such approval to be conclusively evidenced by the execution thereof.
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2. The Rental Payments to be paid by the Commission, pursuant to the terms
of the Amended and Restated Lease for the Additional Project, at a rate not to exceed One
Million Three Hundred Ninety Thousand and 00 /100 Dollars ($1,390,000.00) per year in
semiannual installments beginning on the day the Project is completed and ready for use, or July
28, 1999, whichever is later, through expiration of the lease, are fair and reasonable, and the use
of the Project throughout the term of the Amended and Restated Lease will serve the public
purpose of the City and is in the best interests of its residents.
3. The Secretary of the Commission (the "Secretary ") is hereby directed to
transmit to the South Bend Common Council a copy of this Resolution and the Commission
hereby approves and ratifies action taken by the Secretary to file with said Common Council an
approving ordinance for the purpose of said Council's finding, prior to execution of the Amended
and Restated Lease, that the Rental Payments are fair and reasonable and approving the Amended
and Restated Lease.
4. The Commission hereby authorizes the President or Vice President and
Secretary of the Commission to file a petition for approval of execution of the Amended and
Restated Lease with the State Board of Tax Commissioners pursuant to I.C. 6 -1.1- 18.5 -8.
5. The President, Vice President and Secretary of this Commission, and each
of them, is hereby authorized and directed to take all such further actions and to execute all such
instruments as are desirable to carry out the transactions contemplated by this Resolution, in such
form as the President, Vice President and Secretary executing the same shall deem proper, to be
evidenced by the execution thereof.
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Commission.
6. 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
June 6, 1997, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana.
ATTEST:
(W Paula N. Auburn, Secretary
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SOUTH BEND REDEVELOPMENT COMMISSION
By:
Robert W. Hunt, President
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