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HomeMy WebLinkAboutNo. 1144 approving a sublease of real property to the COSBRESOLUTION NO. 1144 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING A SUBLEASE OF REAL PROPERTY TO THE CITY OF SOUTH BEND WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is lessee of the following described real property owned by the South Bend Redevelopment Authority (the "Authority ") under the Lease - Purchase Agreement dated as of November 1, 1989, as amended and modified from time to time (the "Lease "): PARCEL I: A part of Lot Lettered "G" as shown on the recorded Replat and resurvey of Rush's Third Addition to the City of South Bend, in St. Joseph County, Indiana, recorded April 23, 1891 in Plat Book 5, page 61, which part is bounded by a line running as follows, viz: Beginning at the Southwest corner of said Lot Lettered "G "; thence running North on the West line thereof, a distance of 41 feet; thence East 51 feet; thence South 41 feet to the South line of said lot; thence West 51 feet to the place of beginning. PARCEL II: A part of Lots Lettered "F" and "G" as shown on the Replat of Resurvey of Rush's Second and Third Additions to the City of South Bend, recorded April 23, 1891, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 61, which part is described as follows, to -wit: Beginning at a point 35 feet West of the South East corner of said Lot Lettered "G ", thence North 72 feet; thence West 35 feet; thence South 72 feet to the South line of said Lot "G "; thence East on said South line 35 feet to the place of beginning, all being commonly known as 628 S. Rush Street, (the "Real Property "); and WHEREAS, the Commission is desirous of subleasing the Real Property to the City of South Bend, Indiana; and WHEREAS, the City of South Bend is desirous of leasing the Real Property from the Commission; and WHEREAS, pursuant to I.C. 36- 9 -6 -3, the Board of Public Works of the City of South Bend (the "Board ") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, pursuant to I.C. 36- 1 -11 -8, the City of South Bend, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Commission has agreed to sublease the Real Property to the City of South Bend, and the City of South Bend, acting by and through the Board, has agreed to sublease the Real Property from the Commission under the terms and conditions of a sublease containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commision pursuant to said sublease shall be nominal in amount. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. That the sublease of the following described real property by the South Bend Redevelopment Commission to the City of South Bend, acting by and through its Board of Public Works: PARCEL I: A part of Lot Lettered "G" as shown on the recorded Replat and resurvey of Rush's Third Addition to the City of South Bend, in St. Joseph County, Indiana, recorded April 23, 1891 in Plat Book 5, page 61, which part is bounded by a line running as follows, viz: Beginning at the Southwest corner of said Lot Lettered "G "; thence running North on the West line thereof, a distance of 41 feet; thence East 51 feet; thence South 41 feet to the South line of said lot; thence West 51 . feet to the place of beginning. PARCEL II: A part of Lots Lettered "F" and "G" as shown on the Replat of Resurvey of Rush's Second and Third Additions to the City of South Bend, recorded April 23, 1891, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 61, which part is described as follows, to -wit: Beginning at a point 35 feet West of the South East corner of said Lot Lettered "G ", thence North 72 feet; thence West 35 feet; thence South 72 feet to the South line of said Lot "G "; thence East on said South line 35 feet to the place of beginning, all being commonly known as 628 S. Rush Street, (the "Real Property "); and under terms and conditions that are substantially similar to those embodied in the Lease, shall be, and hereby is, approved, subject to the adoption of a resolution by the Board of Public Works of the City of South Bend, substantially identical in its terms and conditions as this resolution, and, further, subject to the approval of the South Bend Redevelopment Authority. 2. That the President and Secretary of the Commission shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a sublease containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commisison shall be nominal in amount. 3. That this Resolution shall be in full force and effect upon its adoption by the South Bend Redevelopment Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on March 5, 1993, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION BY: �' ���� f 1�L� ,�Lcc2►� Paula N. Auburn, President Attest: .9 Theo F. Sh rp,`Secr ary D /JPM /RES628RUSH