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Home My WebLink AboutNo. 1445 amending declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center development guidelinesRESOLUTION NO. 1445 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS OF THE BLACKTHORN CORPORATE CENTER AND BLACKTHORN CORPORATE CENTER DEVELOPMENT GUIDELINES WHEREAS, the South "Commission") is the northwest St. Joseph Blackthorn Corporate WHEREAS, the South is Lessor of said rep Blackthorn Corporate Bend Redevelopment Commission (the owner of certain real property situated in County, Indiana, more commonly known as the Center; and Bend Redevelopment Authority ( "Authority ") i1 property more commonly known as the Center; and WHEREAS, the Commission, in conjunction with the South Bend Redevelopment Authority, intends to develop the Blackthorn Corporate Center as a first - class, planned business campus, composed of corporate office; support office and research, and general business uses and associated facilities; and WHEREAS, to ensure that Blackthorn Corporate Center will be maintained as an attractive campus -like setting for businesses, with ample landscaped areas, attractive high quality structures, proper and desirable uses, and appropriate development; to protect against undesirable uses, to guard against the construction of improvements built of improper materials or design; to encourage the construction of attractive improvements in appropriate locations; to prevent hazardous and inharmonious development of the Blackthorn Corporate Center; to secure and maintain proper setbacks and adequate free spaces between structures; and generally to provide a high type and quality of development at the Blackthorn Corporate Center, the Commission and Authority have prepared or caused to be prepared and by Resolution No. 1147, approved by the Commission on March 19, 1993, and by Resolution No. 73, approved by the Authority on March 18, 1993, adopted "Declaration of Protective and Restrictive Covenants of Blackthorn Corporate Center" (which Covenants were subsequently amended by Resolution No. 87 of the Authority, adopted March 17, 1994, and Resolution No. 1232 of the Commission, adopted February 18, 1994; and further amended by Resolution No. 98 of the Authority, adopted June 7, 1995, and Resolution No. 1361 of the Commission, adopted June 16, 1995); and "Blackthorn Corporate Center Development Guidelines;" and WHEREAS, the Commission and Authority have amended the Declaration of Protective Covenants (which Declaration of Protective Covenants, as amended, are hereinafter referred to as the "Covenants ") and wish further to amend the Covenants as indicated by the Addendum attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The Covenants shall be and hereby are amended as provided in the Addendum attached hereto. 2. The Addendum to the Covenants attached hereto shall be and hereby is approved and ordered executed and attested to by the Commission President and Secretary, respectively. 3. The Secretary of the Commission is hereby directed to record in the Office of the St. Joseph County Recorder a copy of this Resolution, along with all attachments and a copy of any resolution concerning the same approved by the South Bend Redevelopment Authority. This resolution shall be in full force and effect from and after its adoption. Adopted at the regular meeting of the South Bend Redevelopment Commission held Ql j to , 1996, at !` j .m., 1308 County -City Building, South Bend, Indiana 46601. SOUTH BEND REDEVELOPMENT CO SSION G�% 'U - a,,,, Paula N. Auburn, President ATTEST: William P. Hoj k', Secretary COVENANT.RDV RECEIVED ,NOV 0 8 1996 ADDENDUM TO THE DECLARATION OF PROTECTIVE COVENANTS & RESTRICTIONS OF BLACKTHORN CORPORATE PARK This Addendum is made this 17th day of July, 1996, jointly and severally by the South Bend Redevelopment Authority and South Bend Redevelopment Commission; WITNESSETH: The South Bend Redevelopment Authority, through its Resolution No. 73 (recorded in the Office of the St. Joseph County Recorder as Document No. 9322505) jointly with the South Bend Redevelopment Commission, through its Resolution No. 1147 (recorded in the Office of the South Bend Redevelopment Authority as Document No. 9324608) made the Declaration of Protective Covenants and Restrictions of Blackthorn Corporate Center , which Declaration of Protective Covenants and Restrictions of Blackthorn Corporate Center were subsequently amended by Resolution No. 87 of the South Bend Redevelopment Authority, adopted March 17, 1994, (recorded in the Office of the St. Joseph County Recorder as Document No. 9408339) and Resolution No. 1232 of the South Bend Redevelopment Commission, adopted February 18, 1994 (recorded in the Office of the St. Joseph County Recorder as Document No. 9410875) and further amended by Resolution No.98 of the South Bend Redevelopment Authority, adopted June 7, 1995 (recorded in the Office of the St. Joseph County Recorder as Document No. 9520537), and by Resolution No. 1361 of the South Bend Redevelopment Commission, adopted June 16, 1995, (recorded in the Office of the St. Joseph County Recorder as Document No. 9520538) the Declaration of Protective Covenants and Restrictions of Blackthorn Corporate Center, as amended being hereinafter referred to as the "Covenants." Pursuant to Section 12.1 of the Covenants, the Declarant, the South Bend Redevelopment Authority, together with the South Bend Redevelopment Commission, hereby amends the Covenants as follows: 1. Article IV. Use Restrictions shall be amended as follows: 4.4. Permitted Uses. For purposes of setting forth the permitted and prohibited uses of Blackthorn, Declarant has divided the permitted uses into four five use categories, designated as (A) "Corporate Office," (B) "Support Office /Research," (C) General Business," eiTd (D) "Hotel," and (E) "Conference and Catering." 4.7 Description of Uses. The following describes each of the f ottr five use categories. Parking structures are excluded from the calculation of the total gross floor area of a building. 4.7.5. Conference and Catering. Conference and Catering uses, which shall include, on- site dining and sit -down restaurant facilities, but shall not include fast food or drive - through restaurant facilities, are limited to Lot 1A, Blackthorn Corporate Park Minor Subdivision #3 recorded as Document Number 9536275 in the Office of the Recorder of St. Joseph County, Indiana on October 30, 1995, as indicated at Exhibit B. 2. Exhibit "B" shall be amended as appears on the attached Exhibit "B," to alter the map entitled "Use Designation" to designate Lot 1A as available for a "Conference and Catering" use. The South Bend Redevelopment Authority and the South Bend Redevelopment Commission acknowledge and agree that all remaining provisions of the Covenants shall remain in full forth and effect. IN WITNESS WHEREOF, the parties have caused this Addendum to Covenants to be executed as of the day and year first written above. SOUTH BEND REDEVELOPMENT COMMISSION By: Paula N. Auburn, Vice President ATTEST: William P. H6,iAacii, Secretary STATE OF INDIANA ) )SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared the South Bend Redevelopment Commission, by Paula N. Auburn and William P. Hojnacki, President and Secretary, respectively, and acknowledged the execution of the foregoing document. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the .10� day of , 1996. Notary Public My Commission Expires: Residing in St. Joseph County, IN JOELLE K SMITH NOTARY PUaLiC STATE OF INDIANA ST j i , H COUNTY DIY CvYL'.:iSSIt;;L :JCt SEPT 20,1999 SOUTH BEND REDEVELOPMENT AUTHORITY Andre B. Ginmage, P sident ATTEST Ma 0. F rlic, Secretary STATE OF INDIANA ) )SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Andre B. Gammge and Mary 0. Ferlic, President and Secretary, respectively, of the South Bend Redevelopment Authority and acknowledged the execution of the foregoing document. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of 1996. 0 0 a �6. anyn� Notary Public My Commission Expires: Residing in St. Joseph County, IN 140TARY PUBLIC STATE OF INDIANA ST JOSEPH COijNTY My COMMISSION EXP SEPT 20,1999 APPROVED: Sullivan Properties LLC (Lot 4A - Blackt orn Corporate By: �. ' AYE Office Park M'nor #1) Peterson Engineering, P.C. (Lot 4,11-- Blag4thQrn Corporate Office 3 Storion Group (Lot 2A I- Bla By: Park Minor #2) Corporate Office Park Minor #4) ro 4L Nephrology Associates II (Lot 4C - Black r grporate Office Park Minor #5) By: Sycamore Knoll, Inc. (Lot lA - Blackthorn Corporate Office Park Minor #3) By: •fc NAY IN EXHIBIT "B" USE DESIGNATION I -80/90 Toll Road a Ut.. �Al I VrA Lot 2 . r.11 Nimtz Parkway a � oa 1 IIII= T -Lot 4• . Corporate Office Support Office/Research General Business Hotel Conference and Catering 81ackthom Corporate Park - Covenants & Restrictions l Nimtz Parkway I a 3 0 m 81105