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HomeMy WebLinkAboutNo. 1016 approving a sublease of real property to the COSBRESOLUTION NO. 1016 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 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, and approved and modified on the 16th day of February, 1990, (the "Lease "): A parcel of land in the West Half (1/2) of the Southeast Quarter (1/4) of Section Twelve (12), Township Thirty -seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Eleven (11) and Twelve (12) of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 11, also being the intersection of the East right -of -way line of Rush Street and the South right -of -way line of a 12.50 foot alley; thence North 89 040141" East (bearing assumed), 110.00 feet along said South right -of -way line; thence South 00 001154" East, 29.50 feet; thence South 89 040141" West, 110.00 feet to the East right -of -way line of Rush Street; thence North 00 001154" West 29.50 feet along said East right -of -way line to the Point of Beginning. Commonly known as 514 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. Ask- 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: A parcel of land in the West Half (1/2) of the Southeast Quarter (1/4) of Section Twelve (12), Township Thirty -seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Eleven (11) and Twelve (12) of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 11, also being the intersection of the East right -of -way line of Rush Street and the South right -of -way line of a 12.50 foot alley; thence North 89 040141" East (bearing assumed), 110.00 feet along said South right -of -way line; thence South 00 001154" East, 29.50 feet; thence South 89 040141" West, 110.00 feet to the East right -of -way line of Rush Street; thence North 00 001154" West 29.50 feet along said East right -of -way line to the Point of Beginning. Commonly known as 514 Rush Street, 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 1I� C3L t , 1991, at 1200 County -City Building, 227 West Jeff rson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION Attest: Michael Donoho, Secretary JPM /REDEV81 /RC514RUSH Im A Paula N. Auburn, President