HomeMy WebLinkAboutNo. 1137 approving the execution of a fifth addendum to the lease (SBCDA Improvement Project)RESOLUTION NO. -1-j7
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING THE EXECUTION OF A FIFTH
ADDENDUM TO THE LEASE
(South Bend Central 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 the
first day of November 1989, as amended by an addendum dated April 6,
1990, as further amended by an addendum dated April 12, 1991, . as
further amended by an addendum dated September 10, 1992, and as
further amended by an addendum dated January 15, 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 a fifth
addendum to the Lease (the "Fifth Addendum "), a copy of which is
attached hereto as Exhibit "A ", reflecting a change in the Project
description.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
3. 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
Fifth 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 February 19, 1993, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH D REDEVELOPMENT COMMISSION
By:
Paula N. Auburn, President
ATTEST:
Tfieo F. Shatp, Secre
D /R- SOHOLDI.4
FIFTH ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY
TO
SOUTH BEND REDEVELOPMENT COMMISSION
(South Bend Central. Development Area
Public Improvement Project)
THIS FIFTH ADDENDUM, made and entered into this 19th day of
February, 1993, by and between the South Bead 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, governing body of the South Bend Department of
Redevelopment and the Redevelopment District of South Bend, Indiana
(hereinafter referred to as the "Lessee "),
WITNESSETH.:.
In consideration of the mutual covenants herein contained, it is
agreed that the Lease (South Bend Central Development Area Public
improvement Project) previously entered into between said parties as
of the first day of November 1989, as amended by an addendum dated
April 6, 1990, . as further amended by an. addendum dated April 12,
1991, as further amended by an addendum dated September-10, 1992, and
as further amended by an addendum dated January 15, 1993, shall be
further amended as follows.:
1. Exhibit C of the Lease shall be and hereby is amended by
deleting the following parcel of real estate from the Project
Description:
A parcel of land in the Southwest Quarter of
Section 12, Township 37 North, Range 2 East, City
of South Bend, Portage Township, St. Joseph County,
Indiana, being platted as Denniston & Fellows
Addition as recorded in Book 2, Page 48, at the St..
Joseph County Recorder's office in South Bend,
Indiana, and. described as follows:
Beginning at an iron at the intersection of the
East right -of -way line of Carroll Street and the
South right -of -way line of South Street; thence.
South 89039147" East (bearing assumed), 141.50 feet
along said South right -of -way line to the Point of
Beginning; thence continuing South 89039147" East,
50.00 feet along said South right -of -way line;
thence South 00 000100" East, 115.50 feet to the
North right -of -way line of a 14.00 foot alley;
thence North 89 039147" West, 50.00 feet along said
North right -of -way line; thence North 00 °00'00"
West, 115.547 feet to the South right -of -way line of
South Street and the Point of Beginning, and
containing 13.132.6 acres, more or less, and is
subject to all easements, restrictions and or
s covenants of record, commonly known as 312 East
South Street, South Bend
2. The parties hereto acknowledge that. all remaining terms,
covenants, and conditions as set forth in the Lease, as amended as
above described, shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have caused. this Fourth
Addendum to be executed for and on.their behalf on the day and year
first hereinabove written.
SOUTH BEND REDEVELOPMENT AUTHORITY
By
Joseph Wroblewski, President
ATTEST:
Donald K. Fewell, Secretary
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public: in and for said
State, personally appeared Joseph Wroblewski and Donald K. Fewell,
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.Notaria.l Seal this day of
1993.
(Written Signature)
(Printed Signature)
My Commission Expires:
i am a resident of St. Joseph County, Indiana...
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IF
SOUTH BEND REDEVELOPMENT COMMISSION
By
Paula N. Auburn, President
ATTEST:
Theo F. Sharp, Secretary
S'T'ATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said
State, personally appeared.Paula.N. Auburn and Theo F. 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 Fifth Addendum to Lease
for and on behalf of said Commission.
WITNESS my hand and Notarial Seal this day of
1993.
(Written Signature)
(Printed Signature)
My Commission Expires:
I am a resident of St. Joseph County, Indiana.
D /R- SOHOLD10
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