HomeMy WebLinkAboutNo. 1182 approving the execution of an addendum to the lease for the AEDA taxable and public improvement projectRESOLUTION NO. 1182
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING THE EXECUTION OF AN
ADDENDUM TO THE LEASE FOR THE AIRPORT ECONOMIC
DEVELOPMENT AREA TAXABLE AND 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, as further amended by Addendum dated
as of January 29, 1991, and further amended by an addendum dated
February 5, 1993, and as further amended by an addendum dated
July 16, 1993, (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 and other items 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 hereto 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 July 16, 1993, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
I
Th-e6'F-. . - -
RESO \AIRPORT.ADD
RESO \AIRPORT -ADD
SOUTH BEND REDEVELOPMENT
COMMISS
BY: _..
Paula N. Auburn, President
ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY TO
SOUTH BEND REDEVELOPMENT COMMISSION
(Airport Economic Development Area
Taxable Improvement Project)
THIS ADDENDUM, made and entered into this 16th day of July, 1993, 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 "),
WITNESSETH
In consideration of the mutual covenants herein contained it is
agreed that the Lease (Airport Economic Development Area Taxable
Improvement Project) previously entered into between said parties as of
the first day of August, 1990, as amended and restated dated as of August
1, 1990, as further amended by Addendum dated as of January 29, 1991, as
further amended by addendum.dated February 5, 1993, and as further amended
by addendum dated July 16,:1993, shall be further amended as follows:
1. Exhibit B to the Lease - Taxable Project Description - shall be
and hereby is amended by adding One (1) additional parcel of land and any
improvements thereon situated in St. Joseph County, Indiana, and needed in
connection with local public improvements to be constructed in the Airport
Economic Development Area, to (2) of Exhibit B which shall be added as
paragraph (1), which shall read as follows:
A part of the West Half of the Southeast Quarter of
Section 19, Township 38 North, Range 2 East, St.
Joseph County, Indiana, described as follows:
Beginning on the west line of said quarter section
North 0 degrees 57 minutes 33 seconds West 1,176.34
feet from the southwest corner of said quarter
section; thence North 0 degrees 57 minutes 33 seconds
West 1,455.42 feet along said west line to the
northwest corner of said quarter section; thence North
89 degrees 39 minutes 30 seconds East 647.48 feet
along the north line of said quarter section to the
west boundary of U.S. 31 Bypass; thence South 2
degrees 38 minutes 37 seconds East 904.90 feet ( 903.33
feet by Cause No. F -2917 of the St. Joseph County
Circuit Court) along the boundary of said U.S. 31
Bypass; thence South 0 degrees 17 minutes 00 seconds
East 279.50 feet along said boundary; thence South 89
degrees 43 minutes 00 seconds West 169.00 feet along
said boundary; thence North 89 degrees 50 minutes 29
seconds West 193.31 feet along said boundary; thence
South 38 degrees 03 minutes 26 seconds West 349.13
feet along said boundary; thence South 89 degrees 43
minutes 00 seconds West 88.69 feet to the point of
beginning and containing 19.260 acres, more or less.
2. 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 first day of August, 1990, shall 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.
SO qh REDEVELOPMENT AUTHHORITY
By:
Jos pb ews i, President
A ST:
Donald Fewell,
Secretary- Treasurer
SOUTH R EVELOP T jCMMISSION
By: �.
Paula N. Auburn, President
ATTEST:
Theo F. Shar ,`Secr ary
STATE OF INDIANA )
_ ) SS:
COUNTY OF
Before me, the undersigned, a Notary Public in and for said State,
personally appeared Joseph Wroblewski and Donald Fewell, personally known
by me to be 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 /�V - day of .. ,
1993.
(Written gnature)
(Printed Signature)
My Commission Expires:
I am a resident of. 4
County, Indiana.
STATE OF INDIANA )
_ ) SS:
COUNTY OF �
3
Before me, the undersigned, a Notary Public in and for said State,
personally appeared Paula N. Auburn and Theo A. Sharp, personally known by
me to be the President and Secretary, respectively, of the South Bend
Redevelopment Commission, and acknowledged the execution of the foregoing
Addendum to Lease for and on behalf of said Commission
WITNESS my hand and Notarial Seal this / 1#*Yi - day of ,
1993.
C L /2'`-
(Writ en Signatur )
(Printed Signature)
My Commission Expires:
I am a resident of l-
County, Indiana.
This instrument was prepared by Jenny Pitts Manier, Chief Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
RESO \4THADD.2
02
ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY TO
SOUTH BEND REDEVELOPMENT COMMISSION
(Airport Economic Development Area
Taxable Improvement Project)
THIS ADDENDUM, made and entered into this 16th day of July, 1993, 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 "),
WITNESSETH
In consideration of the mutual covenants herein contained it is
agreed that the Lease (Airport Economic Development Area Taxable
Improvement Project) previously entered into between said parties as of
the first day of August, 1990, as amended and restated dated as of August
1, 1990, as further amended by Addendum dated as of January 29, 1991, as
further amended by addendum dated February 5, 1993, and as further amended
by addendum dated July 16, 1993, shall be further amended as follows:
1. Exhibit B to the Lease - Taxable Project Description - shall be
and hereby is amended by adding One (1) additional parcel of land and any
improvements thereon situated in St. Joseph County, Indiana, and needed in
connection with local public improvements to be constructed in the Airport
Economic Development Area, to (2) of Exhibit B which shall be added as
paragraph (1), which shall read as follows:
A part of the West Half of the Southeast Quarter of
Section 19, Township 38 North, Range 2 East, St.
Joseph County, Indiana, described as follows:
Beginning on the west line of said quarter section
North 0 degrees 57 minutes 33 seconds West 1,176.34
feet from the southwest corner of said quarter
section; thence North 0 degrees 57 minutes 33 seconds
West 1,455.42 feet along said west line to the
northwest corner of said quarter section; thence North
89 degrees 39 minutes 30 seconds East 647.48 feet
along the north line of said quarter section to the
west boundary of U.S. 31 Bypass; thence South 2
degrees 38 minutes 37 seconds East 904.90 feet ( 903.33
feet by Cause No. F -2917 of the St. Joseph County
Circuit Court) along the boundary of said U.S. 31
Bypass; thence South 0 degrees 17 minutes 00 seconds
East 279.50 feet along said boundary; thence South 89
degrees 43 minutes 00 seconds West 169.00 feet along
said boundary; thence North 89 degrees 50 minutes 29
seconds West 193.31 feet along said boundary; thence
South 38 degrees 03 minutes 26 seconds West 349.13
feet along said boundary; thence South 89 degrees 43
minutes 00 seconds West 88.69 feet to the point of
beginning and containing 19.260 acres, more or less.
2. 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 first day of August, 1990, shall 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.
SOUTH BEND REDEVELOPMENT AUTHORITY
By: `�-°
Jos ph W ob ews i, President
A ST:
Donald Fewell,
Secretary- Treasurer
SOUTH RE EVELOPM T LCMMISSION
By: �.
Paula N. Auburn, President
ATTEST:
Theo F. Sharp/, '-Sedr ary
STATE OF INDIANA )
_ ) SS:
COUNTY OF
Before me, the undersigned, a Notary Public in and for said State,
personally appeared Joseph Wroblewski and Donald Fewell, personally known
by me to be 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.
V
WITNESS my hand and Notarial Seal this �V —day of
1993.
C
(Written gnature)
(Printed Signature)
My Commission Expires:
et
I am a resident of
County, Indiana.
STATE OF INDIANA )
_ ) SS:
COUNTY OF
Before me, the undersigned, a Notary Public in and for said State,
personally appeared Paula N. Auburn and Theo A. Sharp, personally known by
me to be the President and Secretary, respectively, of the South Bend
Redevelopment Commission, and acknowledged the execution of the foregoing
Addendum to Lease for and on behalf of said Commission
WITNESS my hand and Notarial Seal this /iii- day of ,
� 1993.
{
� (Writ en Signatur )
(Printed Signature)
My Commission Expires:
I am a resident of
County, Indiana.
This instrument was prepared by Jenny Pitts Manier, Chief Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
RESO \4THADD.2