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HomeMy WebLinkAboutNo. 0982 approving a sublease of real property to the COSB. t _ . RESOLUTION NO. 982 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, 1991, (the "Lease "): 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: Commencing at an iron at the intersection of the South right -of -way line of South Street and the West right -of -way line of Columbia Street; thence South 00 100100" West (bearing assumed), 57.75 feet along said West right -of -way line to the Point of Beginning; thence } continuing South 00 000100" West, 57.75 feet along said West right -of -way line to the North right -of -way line of a 14.00 foot alley; thence North 89 °39147" West, 45.25 feet along said North right -of -way line; thence North 00 000100" East, 57.75 feet; thence South 89 039147" East, 45.25 feet to the West right -of -way line of Columbia Street and the Point of Beginning and containing 0.0600 acres, more or less, and is subject to all easements, restrictions and or covenants of record commonly known as 609 South Columbia Street, South Bend, (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 the rent paid by the City to the Commission 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: 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: Commencing at an iron at the intersection of the South co right -of -way line of South Street and the West right -of -way line of Columbia Street; thence South 00 °00100" West (bearing assumed), 57.75 feet along said West right -of -way line to the Point of Beginning; thence continuing South 00 000100" West, 57.75 feet along said West right -of -way line to the North right -of -way line of a 14.00 foot alley; thence North 89 039147" West, 45.25 feet along said North right -of -way line; thence North 00 000'00" East, 57.75 feet; thence South 89 °39147" East, 45.25 feet to the West right -of -way line of Columbia Street and the Point of Beginning and containing 0.0600 acres, more or less, and is subject to all easements, restrictions and or covenants of record commonly known as 609 South Columbia Street, South Bend, (the "Real Property ") 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 substntially similar to those embodied in the Lease, with the exception that the rent paid by to City to the Commission pursuant to said sublease 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 �1-u �t z L 1991, at 1200 County -City Building, 227 West Jefferson Bloulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION By: LGC i � Paula N. Auburn, President Attest: Michael Donoho Secretary JPM /REDEVI /RESOLUTION