HomeMy WebLinkAboutNo. 1191 approving the execution of an addendum to the lease for the AEDA taxable and public improvement projectPESOLT -ITION NO, 1191
: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, further amended by an addendum dated
February 5, 1993, further amended by an addendum dated July 16,
1993, and as further amended by separate 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
addendum to the Lease (the
r attached hereto as Exhibit
Project description among
desires to approve and execute an
"Addendum "), a copy of which is
"A ", reflecting a change in the
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 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 August 20, 1993, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMI ,IONQ- n
By :
Paula N. Auburn, President
ATTEST:
Theo F. Sharp', ecretak
RESO \AIRPORT.ADD
ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY TO
SOUTH BEND REDEVELOPMENT COMMISSION
(Airport Economic Development
Area Improvement Project)
THIS FOURTH ADDENDUM, made and entered into this day of August,
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 Improvement
Project) previously entered into between said parties as of the first day
of August, 1990, as amended and restated on dated as of August 1, 1990,
and as further amended by Addendum dated January 29, 1991, further amended
by addendum dated February 5, 1993, as further amended by addendum dated
July 16, 1993, and as further amended by separate 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 amending paragraph (K) (4), describing one (1)
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, provide as follows:
A parcel of land in the Southeast Quarter of Section 21,
Township 38 North, Range 2 East, German Township, St. Joseph
County, Indiana, and described as follows:
Commencing at the Northeast corner of the Southeast Quarter of
said Section 21; thence South 01 °00'44" East along the East line
of said Section 21, 186.55 feet to the place of beginning;
thence continuing South 01 000144" East, along said East line
420.83 feet to the Northeast corner of Lot 20A of Gainey's
Replat as recorded under Instrument Number 9029253 on October
19, 1990, in the Office of the Recorder, St. Joseph County,
Indiana; thence South 88053156" West, along the North line of
said Lot 20A, 930.47 feet; thence North 00 056157" West, 420.83
feet; thence North 88 053156" East, 930.01 feet to the place of
beginning, and containing 8.9874 acres, more or less, and being
subject to any easements, restrictions and or covenants of
record.
EXCEPTING THEREFROM:
A parcel of land in the southeast quarter of Section 21,
Township 38 North, Range 2 East, of the Second Principal
Meridian, German Township, St. Joseph County, Indiana, and
described as follows:
Commencing from the northeast corner of the southeast quarter of
Section 21, Township 38 North, Range 2 East; thence South
O1 000144" East (bearing derived from recorded plat) along the
East line of the Southeast Quarter of said Section 21, 482.38
feet to the point of beginning; thence continuing South
O1 000144" East along the said East line, 125.00 feet; thence
south 88 °53'36" West, 930.47 feet; thence North 00 056'57" West,
125.00 feet; thence North 88 053136" East, 930.33 feet to the
point of beginning, and containing 2.67 acres, more or less, and
is subject to easements, restrictions and or covenants of
record.
Being the North 295.83 feet of Lot 20 -B of the 1st Replat of
Gainey's Replat of Lot 18 -B and 20 -A, as recorded under Document
Number 9305368, dated February 18, 1993 in the Office of the
Recorder of St. Joseph County, Indiana.
2. Exhibit B to Lease - Taxable Project Description - shall be and
hereby is amended by adding an additional item to the list of items of
which the Taxable Project consists, paragraph (3), which shall provide as
follows:
(3) The acquisition by
equipment necessary t,
Blackthorn Golf Course,
between the South Bend
South Bend Redevelopment
1, 1992, and recorded in
County Recorder as
( "Blackthorn ").
purchase or lease of all
establish and maintain
as described at the lease
Redevelopment Authority and
Commission dated as of July
the Office of the St. Joseph
Document No.
3. Exhibit C to Lease - Tax Exempt Project Description - shall be
amended by adding an additional item to the list of items of which the Tax
Exempt Project consists, paragraph (5.2), which shall provide as follows:
(5.1) The engineering design work for a parking lot
and entry road to serve Blackthorn Golf Course, as
described at the lease between the Authority and
Commission dated as of July 1, 1992, and recorded in
the Office of the St. Joseph County Recorder as
Document No. ( "Blackthorn "), consisting of
preliminary engineering design, final construction
drawings, preparation of specifications and bid
packets and all related and appurtenant work,
including but not limited to construction of said
parking lot and roadway and related infrastructure
improvements, all such engineering and construction
work for public improvements to be made within
Blackthorn.
4
4. Exhibit C to Lease - Tax Exempt Project Description - shall be
Arhl and hereby is amended by adding an additional item to the list of items of
which the Tax Exempt Project consists, paragraph (8), which shall provide
as follows:
(3) The acquisition by
equipment necessary t+
Blackthorn Golf Course,
between the South Bend
South Bend Redevelopment
1, 1992, and recorded in
County Recorder as
( "Blackthorn ").
purchase or lease of all
establish and maintain
as described at the lease
Redevelopment Authority and
Commission dated as of July
the Office of the St. Joseph
Document No.
5. 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 Fourth
Addendum to Lease to be executed for and on their behalf on the day and
year first hereinabove written.
SO BEND REDEVELOPMENT AUTHORITY
By
Jos h.W oblewski, President
ATT T:
Donald Fewell,
Secretary- Treasurer
SOUTH REDE/JVE�LOPME117 COMMISSION
L4By:
Paula N. Auburn, President
ATTEST:
Theo F. Sharp, Secreta
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 Fourth Addendum to Lease for and on behalf of said Authority.
WITNESS my hand and Notarial Seal this °-��' day of
1993.
�--- CHERYL K. PHIPPS
NOTARY PUBLIC STATE OF INDIANA
ST JOSEPH COUNTY
MY COMMISSION EXP JAN. 7.1995
My Commission Expires:
I am a resident of
County, Indiana.
(Written ignature)
(Printed Signature)
AK 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
Fourth Addendum to Lease for and on behalf of said Commission
WITNESS my hand and Notarial Seal this day of
1993.
My Commission Expires:
am a resident of
County, Indiana.
(Written'Signature)
(Printed Signature)
CHERYL K. PHIPPS
NOTARY PUBLIC STATE OF INDIANA
ST JOSEPH COUNTY
MY COMMISSIM EXP JAN. 7.1995
This instrument was prepared by Jenny Pitts Manier, Chief Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
G, RESO \4THADD.3
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