HomeMy WebLinkAboutNo. 1325 approving the execution of an addendum to the lease for the AEDA public improvement projectRESOLUTION NO. 1325
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING THE EXECUTION OF AN ADDENDUM TO THE LEASE
FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA
PUBLIC IMPROVEMENT PROJECT
WHEREAS, the South Bend Redevelopment Authority (the "Authority ") previously entered into a lease
between the Authority and the South Bend Redevelopment Commission (the "Commission ") dated as of
August 1, 1990, as amended and restated dated as of August 1, 1990, and as further amended by
Addendum dated as of January 29, 1991, further amended by and Addendum dated February 5, 1993,
further amended by an Addendum dated July 16, 1993, further amended by separate Addendum dated July
16, 1993, and as further amended by Addendum August 20, 1994, (the lease and the addendum collectively
referred to herein as the "Lease "), pursuant to which the Authority will lease certain land and improvements
(the "Project ") to the Commission; and
WHEREAS, the Commission desires to approve and execute an addendum to the Lease (the
"Addendum "), a copy of which is attached hereto as Exhibit "A ", reflecting a change in the Project
Description among other items.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION
AS FOLLOWS:
1. The Lease shall be amended to change the Project description as set forth in Exhibit "A" hereto.
2. All remaining terms, covenants and conditions as set forth in the lease shall remain in full force and
effect.
3. The President and Secretary of the Commission are hereby authorized and directed to execute and
attest, respectively, the Addendum attached as Exhibit "A ".
4. This resolution shall be in full force and effect after its adoption by the Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on March 3, 1995 at
1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT COMMISSION
8V
Philip J. faccenda, Pre e
ATTES
Robert W. Hunt, Secretary
L
Addendum to Lease
South Bend Redevelopment Authority to
South Bend Redevelopment Commission
(Airport Economic Development Area Public Improvement Project)
THIS FIFTH ADDENDUM, made and entered into this 7J sy- day of February, 1995, 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 ").
VA111�1 :6$1*11 to
In consideration of the mutual covenants herein contained it is agreed that the Lease (Airport
Economic Development Area Public Improvement Project) previously entered into between said parties as of
the first day of August, 1990, as amended and restated on August 1, 1990, and as further amended by
Addendum dated January 29, 1991, further amended by and Addendum dated February 5, 1993, further
amended by an Addendum dated July 16, 1993, further amended by separate Addendum dated July 16,
1993, and as further amended by Addendum dated August 20, 1994, shall be further amended as follows:
1. Exhibit B to the Lease - Taxable Project Description - shall be and hereby amended by adding
an additional item to the list of which the Taxable project consists, paragraph 1 _) which shall
read as follows:
( ) The construction and improvements of F. Jay Nimtz Parkway, Phase III, including,
but not limited to the following: new approach lanes; new lane of traffic, interchange
improvements at Bendix Drive; drainage structures and facilities; lights and signals; signage
and landscaping; all such infrastructure improvements to be made on existing public right -of-
way described as follows:
F. Jay Nimtz Parkway Phase III
Description
A part of the Southeast Quarter of Section 21, the Southwest Quarter of Section 22, the Northeast
Quarter of Section 28 and the Northwest Quarter of Section 27, Township 38 North, Range 2 East,
i German Township, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Southeast Quarter of Section 21, thence easterly along
the south line of Section 21 to the point of intersection with the east line extended of Parcel I as
noted in Deed Record Number 7818352, recorded August 25, 1978, in the records of St. Joseph
County, Indiana; thence northerly 20' to a point on the north right-of-way line of F. Jay Nimtz
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Parkway, also being the true point of beginning of this description; thence easterly along the north
right -of -way line of Nimtz Parkway to the point ofintersection with the southerly right -of -way line of
the Indiana Toll Road; thence southeasterly along said right -of -way line to the point of intersection
with the Southeast right -of -way line of Bendix Drive; thence Southwesterly approximately 512' to
the East right -of -way line of Bendix Drive; thence South to the intersection with the South right -of-
way line of Sugar Maple Court, thence West 80' to the West right -of -way line of Bendix Drive;
thence North along said right -of -way line to the Southwest right -of -way line of Nimtz Parkway;
thence Northwesterly approximately 197' to the South right -of -way line of Nimtz Parkway; thence
West to the point of intersection of the East line extended of Parcel I in Deed Record 7818352,
recorded August 25, 1978 in the records of St. Joseph County, Indiana; thence North to the true
point of beginning of this description.
2. Exhibit C to the Lease - Tax - Exempt Project Description - shall be and hereby amended by adding
an additional item to the list of which the Tax - Exempt project consists, paragraph (_ 1 which shall read
as follows:
The construction and improvements of F. Jay Nimtz Parkway, Phase III, including,
but not limited to the following: new approach lanes; new lane of traffic; interchange
improvements at Bendix Drive; drainage structures and facilities; lights and signals; signage
and landscaping; all such infrastructure improvements to be made on existing public right -cf-
way described as follows:
F. Jay Nimtz Parkway Phase III
Description
A part of the Southeast Quarter of Section 21, the Southwest Quarter of Section 22, the Northeast
Quarter of Section 28 and the Northwest Quarter of Section 27, Township 38 North, Range 2 East,
German Township, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Southeast Quarter of Section 21, thence easterly along
the south line of Section 21 to the point of intersection with the east line extended of Parcel I as
noted in Deed Record Number 7818352, recorded August 25, 1978, in the records of St. Joseph
County, Indiana; thence northerly 20' to a point on the north right -of -way line of F. Jay Nimtz
Parkway, also being the true point of beginning of this description; thence easterly along the north
right -of -way line of Nimtz Parkway to the point of intersection with the southerly right -of -way line
of the Indiana Toll Road; thence southeasterly along said right -of -way line to the point of
intersection with the Southeast right -of -way line of Bendix Drive; thence Southwesterly
approximately 512' to the East right -of -way line of Bendix Drive; thence South to the intersection
with the South right -of -way line of Sugar Maple Court, thence West 80' to the West right -of -way
line of Bendix Drive; thence North along said right -of -way line to the Southwest right -of -way line of
Nimtz Parkway; thence Northwesterly approximately 197' to the South right -of -way line of Nimtz
Parkway; thence West to the point of intersection of the East line extended of Parcel I in Deed
Record 7818352, recorded August 25, 1978 in the records of St. Joseph County, Indiana; thence
North to the true point of beginning of this description.
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State of Indiana J
1 SS.•
St. Joseph County 1
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Joseph
Wroblewski and Mary 0. ferric, personally known by me to be the President and Secretary, respectively, of the South
Bend Redevelopment Authority, and acknowledged the execution of the foregoing fifth Addendum to Lease for and on
behalf of said Authority.
WITNESS my hand and Notarial Sea / this day of March, 1995.
1,0L Notery Public
Commission Expires.
State of Indiana I CSF,RYL K PHIPPS 7
NOTARY KJFUC STATE OF INDIANA
St. Joseph County J ST. JOSEPH COUNTY a
MY COMMISSION EXP. JAN. 7,1999 J
Before me, the undersigned, a Notery Public in and for said County and State, personally appeared Phillip J.
faccenda and Robert W. Hunt persona //y known by me to be the President and Secretary, respectively, of the South
Bend Redevelopment Commission, and acknowledged the execution of the foregoing fifth Addendum to Lease for and on
behalf of said Commission.
W/TNESS my hand and Notarial Seal this -'— '�" day of March, 1995
Notary Public
Commission Expires.
CHrKyL k.
NOTAWl PUCT-P INDIANA
ST. J(}: c?; i CG CITY M
I.S :t;�f F`,P . AN. 7,1999
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3. The parties hereto acknowledge that all remaining terms, covenants, and conditions as set forth in
the Lease between the parties hereto and executed as of the 1st day of August, 1990, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Addendum to Lease to be executed for and
on their behalf on the day and year first written above.
South Bend Redevelopment Authority
By. VA4&VZ7-�-
Jose rwro#blewski, President
ATTES
Mary
(0. ferric, Se retary
South Bend Redevelop ent Commission
By.•
Phi% J. feccenda, President
ATTES
Robert W. Hunt, Secretary