HomeMy WebLinkAboutNo. 0989 approving the execution of a second addendum to the lease for the SBCDA public improvement projectc � ,
RESOLUTION NO. 989
rw RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING THE EXECUTION OF A SECOND ADDENDUM
TO THE LEASE FOR THE 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 November 1, 1989, as amended by an addendum dated
April 6, 1990 (the lease and the addendum collectively referred to
herein as the "Lease "), pursuant to which the Authority will lease
certain land and public improvements (the "Project ") to the
Commission; and
WHEREAS, the Commission desires to approve and execute
a second addendum to the Lease (the "Second Addendum "), a copy of
which is attached hereto as Exhibit "A", reflecting a change in the
commencement date of the Lease;
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION, AS FOLLOWS:
1. The Lease shall be amended to change the
commencement date of the Lease 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 Second Addendum attached hereto as Exhibit "A ".
4. This resolution shall be in full force and effect
after its adoption by the Commission.
51
ADOPTED at a meeting of the South Bend Redevelopment
Commission held on
1991, at the office of the
Commission, 1200 County -City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT COMMISSION
By:
EST:
Michael Donoho, Secretary
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Paula N. Auburn, President
LA
14
SECOND ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY
TO
SOUTH BEND REDEVELOPMENT COMMISSION
(South Bend Central Development Area
Public Improvement Project)
THIS SECOND ADDENDUM, made and entered into this l day
of ��- , 1991, by and between the South Bend
T
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 (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, shall be further amended as follows:
follows:
1. Section 2 of the Lease is amended to read as
Section 2. Lease of Project. In consideration
of the rentals and other terms and conditions herein
specified the Authority does hereby lease, demise
and let to the Lessee the Project: TO HAVE AND TO
HOLD the same with all rights, privileges, easements
and appurtenances thereunto belonging, unto the
Lessee for a term beginning on the date of execution
of this Lease, and ending on the day prior to the
date which is twenty -two (22) years after the date
the Project is complete and ready for use. However,
the term of this Lease shall terminate at the
earlier of (a) the exercise of the option to
purchase by Lessee and payment of the option price,
or (b) the payment or defeasance of all obligations
I
of Lessor incurred (i) to finance the cost of the
leased property, (ii) to refund such obligations,
(iii) to refund such refunding obligations, or (iv)
to improve the leased property. The date the
Project is complete and ready for use shall be
endorsed on this Lease at the end hereof by the
parties hereto as soon as the same can be done after
such completion and such endorsement shall be
recorded as an addendum to this Lease. The
Authority hereby represents that it is possessed of,
or will acquire, a good and indefeasible estate in
fee simple or an insurable right -of -way easement
subject only to Permitted Encumbrances, to the
above - described real estate, and the Authority
warrants and will defend the same against all claims
whatsoever not suffered or caused by the acts or
omissions of the Lessee.
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 November,
1989, as amended on April 61 1990, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Second Addendum to Lease to be executed for and on their behalf on
the day and year first hereinabove written.
SOUTH BEND REDEVELOPMENT AUTHORITY
B
Y�
J4beplVWroblewski, President
ATTES
Donald Fewell, Secretary- Treasurer
-2-
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A
14
ATTE T
Michael Donoho, Secretary
\tapitman\ bonds \sbhouse \addendum.lea;04 /08/91
SOUTH BEND REDEVELOPMENT COMMISSION
i 1
By:
Paula N. Auburn, President
-3-
A
STATE OF INDIANA )
ss:
COUNTY OF )
Before me, the undersigned, a Notary Public in and for
said State, personally appeared Paula N. Auburn and Michael Donoho,
personally known by me to be the President and Secretary,
respectively, of the South Bend Redevelopment Commission, and
acknowledged the execution of the foregoing Second Addendum to
Lease for and on behalf of said Commission.
WITNESS my hand and Notarial Seal this /Z±- day of
i , 1991.
(Writtqh gignaturbl
(Printed Signature)
( SFAS_ )
M!y commission expires:
I am a resident of w
County, Indiana.
This instrument was prepared by Thomas A. Pitman, Baker & Daniels,
300 North Meridian Street, Indianapolis, Indiana 46204
-5-
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STATE OF INDIANA )
s s :
E COUNTY OF
C
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 Second Addendum to
Lease for and on behalf of said Authority.
WITNESS my hand and Notarial Seal this 11 mayday of
1991.
1
(Writted Signature
(Printed Signature)
( SEAL)
MV 5 mmission expires:
IL
I am a resident of j
County, Indiana.
-4-
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t Not"
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9108978 `-'
SECOND ADDENDUM TO LEASE _ c ,
'Y? � t ' r'> � � • U
SOUTH BEND REDEVELOPMENT AUTHORITY' C', �:r i n
TO Jr r,. a
SOUTH BEND REDEVELOPMENT COMMISSION T' - `� o
(South Bend Central Development Area = i o
Public Improvement Project) r+
THIS SECOND ADDENDUM, made and entered into this 1Z —fday
of 6C. �! ti` 1991, 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: 0lOdf Q
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, shall be further amended as follows:
follows:
1. Section 2 of the Lease is amended to read as
Section 2. Lease of Project. In consideration
of the rentals and other terms and conditions herein
specified the Authority does hereby lease, demise
and let to the Lessee the Project: TO HAVE AND TO
HOLD the same with all rights, privileges, easements
and appurtenances thereunto belonging, unto the
Lessee for a term beginning on the date of execution
of this Lease, and ending on the day prior to the
date which is twenty -two (22) years after the date
the Project is complete and ready for use. However,
the term of this Lease shall terminate at the
earlier of (a) the exercise of the option to
purchase by Lessee and payment of the option price,
or (b) the payment or defeasance of all obligations
r
L 7
of Lessor incurred (i) to finance the cost of the
leased property, (ii) to refund such obligations,
(iii) to refund such refunding obligations, or (iv)
to improve the leased property. The date the
Project is complete and ready for use shall be
endorsed on this Lease at the end hereof by the
parties hereto as soon as the same can be done after
such completion and such endorsement shall be
recorded as an addendum to this Lease. The
Authority hereby represents that it is possessed of,
or will acquire, a good and indefeasible estate in
fee simple or an insurable right -of -way easement
subject only to Permitted Encumbrances, to the
above - described real estate, and the Authority
warrants and will defend the same against all claims
whatsoever not suffered or caused by the acts or
omissions of the Lessee.
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 November,
1989, as amended on April 6, 1990, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Second Addendum to Lease to be executed for and on their behalf on
the day and year first hereinabove written.
SOUTH BEND REDEVELOPMENT AUTHORITY
By : I( C.✓
eph roblewski, President
ATTE T:
Donald Fewell, Secretary- Treasurer
-2-
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3
05
ATTEST:
Michael Donoho, Secretary
\tapitman\ bonds \sbhouse \addendum.lea;04 /08/91
SOUTH BEND REDEVELOPMENT COMMISSION
Paula N. Auburn, President
-3-
LM
STATE OF INDIANA )
_ ) ss:
COUNTY OF 54- Jcse "/ )
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 Second Addendum to
Lease for and on behalf of said Authority.
WITNESS my hand and Notarial Seal this /2jK day of
t- , 1991.
U
' 'ssion expires:
I am a resident of �. h
County, Indiana.
-4-
\tapitman\ bonds \sbhouse \addendum.lea;04 /08/91
( /
. ( /�, -f C/ (Writtgfn Signatu e)
qr ;X y L lL �H/ P/°S
(Printed Signature)
Ln
C
C�
STATE OF INDIANA )
) ss:
COUNTY OF 5Y J «ea 1. )
Before me, the undersigned, a Notary Public in and for
said State, personally appeared Paula N. Auburn and Michael Donoho,
personally known by me to be the President and Secretary,
respectively, of the South Bend Redevelopment Commission, and
acknowledged the execution of the foregoing Second Addendum to
Lease for and on behalf of said Commission.
WITNESS my hand and Notarial Seal this 12-'7- -day of
1991.
;.•'Aye, C /.��'%
,- 0 ;
-in CLI
s!on expires:
`<< r "ri�igti�t YIN
..
I am a resident of
County, Indiana.
(Writt Signatu e
A-e 1-41111V.3
(Printed Signature)
This instrument was prepared by Thomas A. Pitman, Baker & Daniels,
300 North Meridian Street, Indianapolis, Indiana 46204
\tapitman\ bonds \sbhouse \addendum.lea;04 /08/91
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