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HomeMy WebLinkAboutNo. 0914 approving modifications to and execution of a lease between the SBRA and the SBRC for certain land and public improvements and regarding other related mattersRESOLUTION NO. 914 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING MODIFICATIONS TO AND EXECUTION OF A LEASE BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS, AND REGARDING OTHER RELATED MATTERS W HEREAS, the South Bend Redevelopment Commission (the "Commission ") on December 8, 1989, held a public hearing on a proposed Lease between the South Bend Redevelopment Authority (the "Authority ") and the Commission for the South Bend Central Development Area Public Improvement Project (the "Project ") to be dated as of November 1, 1989 (the "Lease ") at which all interested parties were provided the opportunity to be heard, after which hearing it adopted Resolution No. 901 finding that the rental payments to be paid by the Commission pursuant to the Lease are fair and reasonable and that the use of the Project throughout the term of the Lease will serve the public purpose of the City of South Bend and is in the best interests of its residents; and WHEREAS, the Commission in said Resolution No. 901 further approved the execution of and authorized and directed the President or Vice President and Secretary of this Commission to execute and deliver the Lease in substantially the form presented at that meeting, and further directed the Secretary of the Commission to transmit to the Common Council of the City of South Bend (the "Common -C Council ") a copy of said Resolution No. 901, and to file with said Common Council an approving ordinance; and -1- WHEREAS, the Commission in said Resolution No. 901 further authorized and directed the President, Vice President and Secretary of the Commission to file a petition for approval of execution of the Lease with the State Board of Tax Commissioners pursuant to IC 6 -1.1- 18.5 -8; and WHEREAS, the Common Council at a meeting on January 8, 1990 and after a public hearing, adopted Ordinance No. 8058 -90 approving the Lease; and WHEREAS, the State Board of Tax Commissioners issued its Order approving the Lease pursuant to IC 6- 1.1- 18.5 -8 on February 1, 1990; and WHEREAS, the Authority at a meeting on February 16, 1990 adopted Resolution No. modifying and approving said Lease, as modified, and the execution thereof, and filed a copy of said Lease, as modified, with the Commission, a copy of which is attached hereto as "Exhibit A;" and WHEREAS, the Commission desires to approve such modifications to the Lease, which modifications do not increase the term of the Lease or the rental amount of the Lease, and further desires to execute the Lease, as modified, and authorize the publication, in accordance with IC 36 -7 -14 -25.2, of a Notice of Execution and Approval of Lease, in the form attached hereto as "Exhibit B;" NOW THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: -2- 1. The Commission hereby approves the modifications to the Lease and approves said Lease, as modified. 2. The President or Vice President and Secretary of this Commission are hereby authorized and directed, on behalf of the City of South Bend, to execute and deliver the Lease, as so modified, in the form attached hereto as "Exhibit A." 3. The Commission hereby authorizes the publication, in accordance with IC 36 -7 -14 -25.2, of the Notice of Execution and Approval of Lease, in the form attached hereto as "Exhibit B." 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 16, 1990 at the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: rw Roman iasecki, ecretary 2 -13 -90 SOUTH BEND REDEVELOPMENT COMMISSION By: Paula N. Auburn, Vice President -3- LEASE Between SOUTH BEND REDEVELOPMENT AUTHORITY and SOUTH BEND REDEVELOPMENT COMMISSION DATED AS OF NOVEMBER 1, 1989 (SOUTH BEND CENTRAL DEVELOPMENT AREA PUBLIC IMPROVEMENT PROJECT) L INDEX Section 1. Definitions Section 2. Lease of Project Section 3. Rental Payments Section 4. Rental Payment Dates Section 5. Abatement of Rent Section 6. Net Lease Section 7. Nonliability of Authority Section 8. Alterations Section 9. Insurance Section 10. Use of Insurance and Condemnation Proceeds Section 11. Liability Insurance Section 12. General Insurance Provisions Section 13. General Covenants Section 14. Option to Purchase Section 15. Defaults Section 16. Notices Section 17. Construction of Covenants Section 18. Successors or Assigns Exhibit A Permitted Encumbrances Exhibit B Project Engineers Exhibit C Project Descriptions Exhibit D Lease Payment Schedule 1 2 3 3 4 5 5 5 5 6 6 6 7 7 8 8 8 8 LEASE This Lease entered into as of the 1st day of November, 1989 between SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and politic organized and existing under Indiana Code 36 -7 -14.5 (the "Authority) and SOUTH BEND REDEVELOPMENT COMMISSION, , the governing body of the South Bend Department of Redevelopment and the Redevelopment District of South Bend, Indiana (the "Lessee "), acting for and on behalf of the City of South Bend, Indiana. WITNESSETH: Section 1. Definitions. The terms defined in this Section 1 shall for all purposes of . this Lease have the meanings herein specified unless the context otherwise requires. "Act" means Indiana Code 36 -7 -14.5, as the same from time to time may be amended or supplemented. "Authority'! means the South Bend Redevelopment Authority, a body corporate and politic organized and existing under the Act, or if said Authority shall be abolished, the authority, board, body, instrumentality or agency succeeding to the principal functions thereof. "Bonds" means South Bend Redevelopment Authority Lease Rental Revenue Bonds (South Bend Central Development Area Public Improvement Project) . "Lease" means this Lease as the same may be amended, modified or supplemented by any amendments or modifications hereof or supplements hereto entered into in accordance with the provisions hereof. "Lessee" means the South Bend Redevelopment Commission, the governing body of the South Bend Department of Redevelopment and the Redevelopment District of South Bend, Indiana, or if said Commission shall be abolished, the commission, board, body or agency succeeding to the principal functions thereof. "Lease Resolution" means the resolution of the Commission passed on February 9, 1990, establishing funds for the payment of lease rentals. "Permitted Encumbrances" means those items listed in Exhibit A hereto and any future (a) liens for taxes not then delinquent, (b) this Lease and the Trust Agreement, leases, subleases and other agreements permitted pursuant to Section 13 hereof, (c) utility, -1- access and other easements and rights -of -way, restrictions and exceptions that Lessee certifies will not interfere with or impair the Project, (d) any mechanics', laborers', materialmen's, suppliers' or vendors' lien or right in respect thereof if payment is not yet due and payable and (e) such minor defects, irregularities, encumbrances, easements, rights -of -way and clouds on title as do not, in the opinion of the Trustee, materially impair the Authority's title or Lessee's use of the Project. "Project" means the real estate (including all right -of -way easements contained therein) in South Bend, Indiana, and improvements to be made thereon by the Authority or its agent according to plans and specifications prepared by the project engineers (a list of which is described in Exhibit B hereto) , all as described in Exhibit C hereto. The above mentioned plans and specifications may be changed and additional construction work may be performed and improvements may be purchased by the Authority, but only with the approval of the Lessee, and only if such changes or modifications or additional construction work or improvements do not alter the character of the Project or reduce the value thereof. Any such additional construction work or additional improvements shall be part of the property covered by this Lease. The above - mentioned plans and specifications have been filed with and approved by the Lessee. "Redevelopment District Bond Fund" means the Redevelopment District Bond Fund of Lessee authorized by Indiana Code 36- 7 -14 -27 and the Lease Resolution. "South Bend Central Development Area Public Improvement Project Principal and Interest Account" means the account by that name created in the Redevelopment District Bond Fund by the Lease Resolution. "Trust Agreement" means the Trust Agreement dated as of November 1, 1989, between the Authority and the Trustee, securing the Bonds. "Trustee" means First Interstate Bank of Northern Indiana, N.A., 112 West Jefferson Boulevard, South Bend, Indiana, as Trustee pursuant to the Trust Agreement, and any successor trustee. Any term not defined herein, which is defined in the Lease Resolution or in the Trust Agreement, shall have the meaning as defined in such resolution or agreement. Section 2. Lease of Proms. 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 rw AND TO HOLD the same with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee for a term of -2- twenty -two (22) years, beginning on the date the Project is complete and ready for use, and ending on the day prior to such date twenty -two (22) years thereafter. 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 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. Section 3. Rental Payments. (a) During the term of this Lease, the Lessee agrees to pay rental for said premises as set forth in Section 4 hereof. Such rental shall be paid from the South Bend Central Development Area Public Improvement Project Principal and Interest Account of the Redevelopment District Bond Fund. All rentals payable under the terms of this Lease shall be paid to the Trustee or to such other bank or trust company as may from time to time succeed the Trustee under the Trust Agreement. All payments so made shall be considered as payments to the Authority of the rentals payable hereunder. The Lessee shall receive credit for any Bond maturing within seven (7) days of the date of the lease rental payment, at the face value thereof, which the Lessee acquires and delivers to the Trustee as a part of its lease rental payment; (b) as additional rental the Lessee agrees to pay all fees, charges and reimbursement of expenses of the Trustee under the Trust Agreement and all prudent charges and expenses of the Authority incurred in the performance of its obligations hereunder. Section 4. Rental Payment Dates and Amounts. The first semiannual rental installment in the amount of Two Hundred Ninety -Five Thousand Five Hundred Dollars ($295,500) shall be due on the day that the Project is completed and ready for use, or July 31, 1991, whichever is later. If completion is later than July 31, 1991, the first installment shall be in an amount which provides for rental at the rate specified in Exhibit B for the semiannual period in which the Project is completed and ready for use, prorated from the date of completion until the first January 31 or July 31 following such date of completion. Thereafter such rentals shall be payable in advance in semiannual installments on January 31 and July 31 of each year as provided for in the attached lease payment schedule at Exhibit D. The last seminannual rental payment due before the expiration -3- of this Lease shall be adjusted to provide for rental at the rate specified in Exhibit D for the applicable semiannual period prorated from the date such installment is due to the date of the expiration of this Lease (without taking into account any subsequent early termination of this Lease pursuant to Section 2 hereof). After the sale of the Bonds issued by the Authority to pay the cost of the Project, including expenses incidental thereto, the sum of the first and second semiannual rental installments and the sum of the third and fourth semiannual rental installments, and so on, shall be reduced to an amount equal to the multiple of One Thousand Dollars ($1,000) next highest to the sum of principal and interest due on the Bonds in the year ending on the bond maturity date (bond year) immediately following such two semiannual rental installments plus Five Thousand Dollars ($5,000) payable in two equal semiannual installments, assuming for such purposes that the first semiannual rental installment is due on July 31, 1991. - Such amount of reduced annual rental shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after the sale of said Bonds, and such endorsement shall be recorded as an addendum to this Lease. The Lessee will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on the Bonds pursuant to Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code "), as in effect on the date of delivery of the Bonds, nor will the Lessee act in any manner which would adversely affect such exclusion. The Lessee further covenants that it will not make any investment or do any other act or thing during the period that any Bond is outstanding hereunder which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as in effect on the date of delivery of the Bonds. All officers, members, employees and agents of the Lessee are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Lessee as of the date the Bonds are issued and to enter into covenants on behalf of the Lessee evidencing the Lessee's commitments made herein. Section 5. Abatement of Rent. In the event that all or a portion of the Project shall be damaged or destroyed so as to render the damaged or destroyed portion of the Project unfit for its intended use, it shall then be the obligation of the Authority to restore and reconstruct the damaged or destroyed portion of the Project as promptly as may be done, unavoidable strikes and other causes beyond the control of the Authority excepted, if, in the opinion of an independent registered architect, registered engineer, construction manager or contractor selected by the Lessee and -4- acceptable to the Trustee, (i) the cost of such restoration or reconstruction does not exceed the amount of the proceeds received by the Authority from the insurance provided for in Section 9 hereof plus other moneys available therefor and (ii) such restoration or reconstruction can be completed within the period of time covered by the rental value insurance provided for in Section 9 hereof. If either or both conditions shall not exist, the proceeds received from the insurance provided for in Section 9 hereof shall be applied to the option to purchase price provided for in Section 14 hereof. The rental shall be abated pro rata for the period during which the damaged or destroyed portion of the Project is unfit for its intended use. Section 6. Net Lease. It is expressly understood and agreed that this Lease shall be what is known as a net lease (i.e., the rent being absolutely net to the Authority and that all other expenses in connection with the Project of any nature whatsoever shall be those of the Lessee) and that during the lease term the Lessee shall be obligated to pay as its expenses without reimbursement from the Authority all costs of taxes and assessments, if any, and maintenance, operation and use in connection with or relating to the Project, including but not limited to all costs and expenses of all services, repair or replacement of all parts of the Project or improvements of the Project. Section 7. Nonliability of Authority. The Authority shall not be liable for damage caused by hidden defects or failure to keep the Project in repair and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, or other pipes or the bursting or leaking of plumbing or heating fixtures in connection with said premises, nor for damage occasioned by water, snow or ice. The Authority shall not be liable for any injury to the Lessee or any sublessee of the Lessee or any other person which injury occurs on, in or about the Project howsoever arising. The Authority shall not be liable for damage to the Lessee's property or to the property of any sublessee of the Lessee or of any other person which may be located in, upon or about the Project. Section 8. Alterations. Lessee shall have the right, without the consent of the Authority, to make all alterations, modifications and additions and to do all improvements it deems necessary or desirable to the Project, which do not reduce the rental value of the Project. Section 9. Insurance. The Lessee, at its own expense, will, during the full term of the Lease, keep the Project insured against physical loss or damage, however caused, with such exceptions as are ordinarily required by insurers of properties of a similar type, in good and responsible insurance companies acceptable to the Authority. Such insurance shall be in an amount at least equal to the greater of (i) the option to purchase price or (ii) one hundred -5- percent (100 %) of the full replacement cost of such Project as certified by a registered architect, a registered engineer, or professional appraisal engineer, selected by the Authority with the approval of the Trustee, on the effective date of this Lease and on or . before the first day of April of each year thereafter; provided that such certification shall not be required so long as the amount of such insurance shall be in an amount at least equal to the option to purchase price. Such appraisal may be based upon a recognized index of conversion factors. In no event shall the insurance be in an amount which causes the Lessee to be a co- insurer for the Project. Such insurance may contain a provision for a deductible in an amount not exceeding $25,000. Lessee agrees to pay the deductible amount of any loss to the Authority. A blanket public institutional property insurance form may be used if: (a) the insurance on the Project is not less than the amount required by this Section, (b) the Lessee subordinates its claim for damage or destruction to other buildings or improvements to claims for damage or destruction of the Project, and (c) the insurance proceeds related to damage to or destruction of the Project are payable to the Trustee. During the full term of this Lease, the Lessee will also, at its own expense, maintain rental or rental value insurance in an amount at least equal to the full rental specified in Section 4 for a period of two (2) years against physical loss or damage of the type insured against pursuant to the preceding requirements of this Section. Such policies shall be for the benefit of and shall be made payable to the Trustee. Section 10. Use of Insurance and Condemnation Proceeds. Proceeds of insurance against damage to or destruction of the Project or proceeds of any condemnation of the Project shall be paid to and held by the Trustee and used to pay for reconstruction or replacement of the Project in accordance with plans approved by the Authority and the Lessee, unless the Lessee elects- to exercise its option to purchase. Section 11. Liability Insurance. The Lessee shall, at all times during the full term of this Lease, keep in effect, public liability and property damage insurance, insuring the Lessee, the Authority and the Trustee in amounts customarily carried for similar properties. Such insurance may be provided under the public liability self insurance program of the city of South Bend. Section 12. General Insurance Provisions. All insurance policies required by Sections 9 and 11, other than insurance provided am under the public liability self insurance program of the City of South Bend, shall be with insurance companies rated B+ or better by A.M. Best Company (or a comparable rating service if A.M. Best company ceases to exist or rate insurance companies), and shall be countersigned by an agent of the insurer who is a resident of the State of Indiana, and such policies, or copies thereof, and the certificate of the architect or engineer referred to in Section 9 shall be deposited with the Authority and the Trustee. If, at any time, the Lessee fails to maintain insurance in accordance with Sections 9 and 11, such insurance may be obtained by the Authority, or may be obtained by the Trustee, and the amount paid for such insurance shall be added to the amount of rental payable by the Lessee under this Lease; provided, however, that neither the Authority nor the Trustee shall be under any obligation to obtain such insurance, and any action or non - action of the Authority or Trustee in this regard shall not relieve the Lessee of any consequences of a default in failing to obtain such insurance. Section 13. General Covenants. The Lessee shall not assign this Lease or sublet any part of the Project herein described without the prior written consent of the Authority; provided, however, that the Lessee shall in no event assign this Lease or sublet any part of the Project if such assignment or sublease will result in the loss of the exclusion from gross income for federal tax purposes of interest on any obligation issued by the Authority to finance the Project. The Lessee covenants that, except for Permitted Encumbrances, it will not encumber the Project, or permit any encumbrance to exist thereon, and that it shall use and maintain the Project in accordance with the laws and ordinances of the United States of America, the State of Indiana, and all other proper governmental authorities. The Authority agrees that it will, at the request of the Lessee, execute and deliver to or upon the order of the Lessee such instrument or instruments as may be reasonably required by the Lessee in order to subject the Project, or the Authority's interest therein, to such encumbrances as shall be specified in such request and as shall be permitted by the provisions of this Section 13 or otherwise by the definition of "Permitted Encumbrances ". Section 14. Option to Purchase. Authority hereby grants Lessee the right and option, on any rental payment date, upon thirty days' written notice to the Authority, to purchase the Project at a price equal to the amount required to enable the Authority to provide for the redemption of all outstanding Bonds, all premiums payable on the redemption thereof, and accrued and unpaid interest, and to pay the cost of redeeming the Bonds and liquidating the Authority if it is to be liquidated. Upon request of the Lessee, the Authority agrees to furnish an co itemized statement setting forth the amounts required to be paid by the Lessee on the next rental payment date in order to purchase the MIt Project in accordance with the preceding paragraph. If the Lessee exercises its option to purchase, the Lessee shall pay to the Trustee that portion of the purchase price which is required to provide for the payment of all the Bonds, including all premiums payable on the redemption thereof, accrued and unpaid interest thereon and the costs of redemption thereof. Such payment shall not be made until the Trustee gives to the Lessee a written statement that such amount will be sufficient to retire all Bonds including all premiums payable on the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. Nothing herein contained shall be construed to provide that the Lessee shall be under any obligation to purchase the Project, or under any obligation in respect to any creditors or bondholders of the Authority. If the Lessee has not exercised its option to purchase the Project at the expiration of the term of the Lease and upon the full discharge and performance by the Lessee of its obligations under this Lease, the Authority shall execute a deed of the Project to the Lessee conveying good and merchantable title thereto, subject only to Permitted Encumbrances. Section 15. Defaults. If the Lessee shall (a) default in the payment of any rentals or other sums payable to the Authority hereunder, or in the payment of any other sum herein required to be paid for the Authority, (b) fail to comply with the terms set forth in the Lease Resolution, or (c) default in the observance of any other covenant, agreement or condition hereof, and such default under (c) shall continue for ninety (90) days after written notice to correct the same, then, in any of such events, the Authority may proceed to protect and enforce its rights, either at law or in equity, by suit, action, mandamus or other proceedings, whether for specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy. Section 16. Notices. Whenever either party shall be required to give notice to the other under this Lease, it shall be sufficient service of such notice to deposit the same in the United States mail, in an envelope duly stamped, registered and addressed to the other party at its last known place of business. A copy of any notice shall be mailed by first -class mail to the Trustee at its last known place of business. Section 17. Construction of Covenants. All provisions contained herein shall be construed in accordance with the provisions of the Act and to the extent of inconsistencies, if any, between the -8- covenants and agreements in this Lease and the provisions of the Act, the provisions of said Act shall be deemed to be controlling and binding upon the parties. Section 18. Successors or Assigns. All covenants of this Lease, whether by the Authority or the Lessee, shall be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed for and on their behalf as of the day and year first hereinabove written. SOUTH BEND REDEVE OPMENT AUTHORITY By: seph Wroblewski, President ATT E � George McCullough, Se re ry- Treasurer EST: Roman Piasecki, Secretary 2 -08 -90 SOUTH B D REDEVELOPMENT COMMISSION By: /L), . Paula N. Auburn, Vice President �:r STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, State, personally the undersigned, appeared Joseph a Notary Wroblewski Public in and for said and George McCullough, personally known respectively, of by me to be the President and Secretary- Treasurer, the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing Lease for and on behalf of said Authority. WITNESS my hand and Notarial Seal this 4 day of 1990. (SEAL) My commission expires: I am a resident of County, Indiana. N -10- (Wr tten Signature) & E. kb ZA7f (Printed Signature) (Written Signature) (Printed Signature STATE 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 Roman Piasecki, personally known by me to be the Vice President and Secretary, respectively, of the South Bend Redevelopment Commission, and acknowledged the execution of the foregoing Lease for and on behalf of said Commission. WITNESS my hand and Notarial Seal this day of - fi& , 1990. (Written Signature) 4N) e�71 Lo z-lq-Tq (Printed Signature) (Written Signature) (Printed Signature) (SEAL) My commission expires: � -"�2/- 9/ I am a resident of S, County, Indiana. This instrument was prepared by Richard L. Hill, Parker & Jaicomo, 205 West Jefferson Boulevard, South Bend, Indiana 46601. -11- EXHIBIT "A" PERMITTED ENCUMBRANCES EXHIBIT B LIST OF PROJECT ENGINEERS Niles Avenue Ken Herceg & Associates, Inc. South Bend, Indiana Madison Street Ken Herceg & Associates, Inc. South Bend, Indiana Washington Street Ken Herceg & Associates, Inc. South Bend, Indiana West Bank Lighting Lawson - Fisher Associates South Bend, Indiana CBD Curbs and Sidewalks City Engineering Department Rink Riverside walkway Lawson - Fisher Associates South Bend, Indiana Howard Park Wall Cole associates Inc. South Bend, Indiana Viewing Park Cole Associates Inc. South Bend, Indiana Morris Civic Park SiteScapes South Bend, Indiana Al EXHIBIT C PROJECT DESCRIPTIONS The Project consists of the following: (1) The construction of Niles Avenue Parking and Landscaping Improvements (Phase IV) in the City of South Bend consisting of the reconstruction and partial widening of a portion of Niles Avenue for a total distance of approximately 1,300 linear feet and the construction of new curbs, walks and traffic islands along with on- street and off - street public parking areas, trees, lighting, drainage, striping and appurtenant work, all of such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Starting at a point on the West right -of -way line of Niles Avenue, one hundred thirty -two (132) feet South of the South right -of -way line extended of Washington Street continuing North along said West right -of -way line to a point one hundred sixty -five (165) feet North of the North right -of -way line of LaSalle Avenue, thence East a distance of sixty six (66) feet to a point along the . East right -of -way line of Niles Avenue one hundred sixty -five (165) feet North of the North right -of -way line of LaSalle Avenue, thence South along said East right -of -way line to a point one hundred thirty two (132) feet South of the South right -of -way line of Washington Street, thence West a distance of sixty -six (66) feet back to the starting point. and The following as described as being in the West half of the Northeast Quarter, Section Twelve (12), Township Thirty -Seven (37) North, Range Two (2) East, in Cottrell's Addition, City of South Bend, St. Joseph County, Indiana: Commencing at the northeast corner of Part Lot 5; thence due south for 131.79 feet; thence west for 60 feet; thence due north to the south right -of -way line of Washington Street vacated for 132.27 feet; thence east for 70 feet back to the point of beginning. (2) The construction of Madison Street Parking and Landscaping Improvements consisting of the reconstruction and partial widening of a portion of Madison Street for a total distance of approximately 335 linear feet and the construction of new curbs, gutters, parking areas, walks, and the addition of trees, lighting, drainage, striping and appurtenant work, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Starting at a point along the North right -of -way line of Madison Street, four hundred sixty -seven (467) feet West of the point of intersection of said North right -of -way line and the West right -of -way line of Niles Avenue, thence East along said North right -of -way line to said point of intersection; thence South along said West right -of -way line a distance of eighty two and one -half (82.5) feet to the point of intersection with the South right -of -way line of Madison Street; thence West along said South right -of -way line a distance of four hundred sixty -two (462) feet to a point; thence Northwesterly along a line a distance of sixty two (62) feet, more or less back to the starting point. (3) The construction of Washington Street Parking and Landscaping Improvements consisting of the reconstruction and partial widening of a portion of Washington Street for a total distance of approximately 320 linear feet including rehabilitating and relaying the existing brick roadway and the construction of new concrete curbs, gutters, parking areas, walks, traffic islands and addition of trees, lighting, drainage, striping and appurtenant work, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Starting at the point along the North right -of -way of Washington Street extended, 14 feet West of the intersection of the East right -of -way line of Niles Avenue and the North right -of -way line of Washington Street, thence East along said North right -of -way line a distance of 373 feet to a point 14 feet East of the point of intersection with the West right -of -way line of Hill Street, thence South parallel to said West right -of -way line a distance of eighty two and one -half (82.5) feet to the point of intersection with the South right -of -way line of Washington Street extended, thence West along said South right -of -way line to a point 14 feet West of the point of intersection with said East right -of -way line of Niles Avenue; thence North parallel to said East right -of -way line back to the starting point. (4) The construction and installation of the Riverbank Lighting Project consisting of the installation and improvement of approximately 36 light fixtures, poles and bases situated along a public pathway of approximately 4,560 feet on the western river bank of the St. Joseph River extending from the LaSalle Avenue Bridge to approximately Monroe Street, including the installation of conduits, wires, conductors, electric panels and kiosks necessary for the completion of the project including trenching, necessary removal of asphalt pavement, concrete, rubble, trees, brush and other obstructions, tree trimming, fill work as required and construction of a concrete path at Pier Park, required brick removal, such construction, installation and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Commencing at the southwest corner of Lot 1 in Heck's Addition, also situated in the west half (1/2) of the northeast quarter (1/4) of Section Twelve (12), Township 37 north, range 2 east; thence west along the north side of Jefferson Boulevard for 290.00 feet to the point of beginning; thence northwest for 111.26 feet, thence northwest for 129.18 feet, thence northwest for 146.45 feet, thence northwest for 124.87 feet, thence souteast running along the east side of the St. Joseph River for approximately 380.00 feet, also being the north side of Jefferson Boulevard, thence east for 145.00 feet back to the point of beginning; and Commencing at the southeast corner of Colfax (U.S. 20) and St. Joseph Street, also being the northwest corner of Tract 3 in the River Bend Addition and situated in the east half (1/2) of the northwest quarter (1/4) of section Twelve (12), Township 37 north, range 2 east; thence southeast for 140.00 feet, thence southeast for 250.79 feet, thence due south along the radius for 117.8 feet, thence southeast for 122.42 feet, thence southeast for 134.06 feet, thence northeast for 74.66 feet, thence northwest for 113.4 feet, thence west for 29.7 feet, thence northwest for 17.27 feet, thence northeast for 27.47 feet, thence north for 45.54 feet, thence northwest for 64.38 feet, thence northwest for 38.49 feet, thence southwest for 24.41 feet, thence northwest for 178.5 feet, thence northeast for 10.75 feet, thence northwest for 34.2 feet, thence southwest for 10.75 feet, thence northwest for 57.6 feet, thence north for 83.94 feet, thence west for 95 feet back to the point of beginning; and Commencing at the northeast corner of Madison Street and Lincolnway east, also being the southeast corner of Tract 8 (Key #34 -83) in the River Bend Addition and situated in the west half (1/2) of the southeast quarter (1/4) of Section Twelve (12), Township 37 north, Range 2 east; thence 399.68 feet along the East line of said tract to the point of beginning; thence S. 52 ° 07142" west, 190.00 feet, thence north 46 ° 02'06" west, 180.00 feet, thence north 65 ° 47'18"- west, 460 feet, thence north 38 °42121" west, 236.98 feet, thence north 70 ° 06'30" west, 50.00 feet, thence north 04 ° 39138" west, 40.00 feet, thence north 65 ° 42129" east, 10.00 feet, thence north 25 ° 39'11" west, 425.12 feet, thence, north 25 ° 46'29" west, 232.03 feet, thence north 53 ° 10' 13" west, 108.76 feet, thence north 25* 55132" west, 90.64 feet, thence north 19 °47116" west, 156.66 feet, thence north 87 °40'09" east, 94.06 feet, thence south 28 ° 59'50" east, 145.12 feet, thence south 2300611011 east, 140.73 feet, thence south 26 ° 26'27" east, 149.84 feet thence south 20 ° 04'37" east, 152.26 feet, thence south 22 ° 53'19" east, 167.55 feet, thence south 34 ° 56119" east, 224.42 feet, thence south 31 ° 26' 14" east, 157.37 feet, thence south 45 ° 4 3'42" east, 161.61 feet, thence south 64 ° 47'26" east, 159.34 feet, thence south 68 ° 04'55" east, 228.93 feet, thence south 76 ° 10'38" east, 234.62 feet back to the point of beginning; and Commencing at the northeast corner of Colfax (U.S. 20) and St. Joseph Street, also being the southeast corner of Lot 91 in the River Bend Addition and situated in the west half (1/2) of the northwest quarter (1/4) of Section Twelve (12), Township 37 north, Range 2 east; thence northwest 228.43 feet along the east right -of -way line of St. Joseph Street, thence north 87.18 feet along the east right -of -way line of St. Joseph Street, thence southeast for 108.76 feet, thence southeast for 430.00 feet along the St. Joseph River back to the point of beginning. (5) The construction of Morris Civic Plaza Improvements consisting of the reconstruction of existing improvements and the construction of new improvements including the partial demolition of the existing plaza, relocation of existing sculpture, the construction and installation of seating areas, irrigation system, lighting, walkways, sculpture bases, planters, the rehabilitation of existing fountain and brick work areas, landscaping, drainage and appurtenant work, such construction and installation and related improvements to be made to the following described real estate acquired or to be acquired by the Authority: A part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described more particularly as follows: Commencing at the Northeast corner of the Michigan Street and Colfax Avenue right -of -ways; thence due North a distance of 264 feet, thence Southwest along the North -South curb on the East side of Michigan Street to the North right -of -way line of Colfax Avenue, a distance of 284 feet; thence due East a distance of 45 feet back to the point of beginning. and A part of the northwest quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described more particularly as follows: Beginning at the intersection of the East boundary of North Michigan Street and the North boundary of East Colfax Street; thence North 89 degrees 39 minutes 37 seconds East a distance of 244.07 feet; thence North 20 degrees 24 minutes 52 seconds West a distance of 53.52 feet; thence Northwesterly a distance of 153.59 feet along an arc to the left and having a radius of 243.98 feet and subtended by a long chord having a bearing of North 38 degrees 26 minutes 55 seconds West and a length of 151.07 feet; thence North 56 degrees 28 minutes 59 seconds West a distance of 96.35 feet; thence Northwesterly a distance of 56.94 feet along an arc to the left and having a radius of 148.28 feet and subtended by a long chord having a bearing of North 69 degrees 59 minutes 03 seconds West and a length of 56.59 feet; thence South 00 degrees 28 minutes 59 seconds East a distance of 242.50 feet to the place of beginning. Said tract contains 39,958 square feet (0.917 Acres), more or less. (6) The construction of the Howard Park Wall Project consisting of the removal and replacement of the existing wall bordering Howard Park and the St. Joseph River for a distance of approximately 1,000 linear feet including the capping of the foundation of the existing wall, the installation of riprap along the base of the wall and the construction of a new four feet high wall and repair and /or replacement of the walkway along the wall and appurtenant work, such construction and related improvements to be made to the following described real estate acquired or to be acquired by the Authority: Commencing at the northwest corner of Lot 4 in Heck's Addition, also situated in the west half (1/2) of the northeast quarter (1/4) of Section Twelve (12), r Township 37 north, Range 2 east; thence southeast along the east side of the St. Joseph River for approximately 1200 feet to the southeast corner of Lot 19, thence north for 20 feet, thence northwest parallel to the east side of the St. Joseph River for approximately 1200 feet, the north line of Lot 4, thence west for 20 feet back to the point of beginning. (7) The construction of the Rink Riverside Walkway Project consisting of the construction of an eight foot wide concrete and timber walk and its incidental riverbank support system along the top of the eastern bank of the St. Joseph River which will connect the termination point of the existing portion of the Riverbank Trail to the north with the Colfax Avenue sidewalk, a distance of approximately 280 feet to the southeast including the construction of a ground level sidewalk west and north to the southwest corner of the Rink Riverside Building, a distance of approximately 230 linear feet and the construction of a structural wood deck walkway from the southwest corner of the Rink Riverside Building north to the existing wooden deck of the LaSalle- Sycamore Walkway, a distance of approximately 140 feet supported by a system of pilings and piers on the Riverbank and appurtenant work along with the removal of a 100 foot high brick smokestack and such other required related improvements and landscaping, such construction and related improvements to be made to the following described real estate acquired or to be acquired by the Authority: That part of the northwest quarter of Section 12, T. 37 N., R. 2 E. and that part of Lots 4, 5, 6, 7, 8 and 9 in the "Original Plat of the Town of Lowell" as recorded in the records of St. Joseph County, Indiana, and a part of Lot #4 in "Miller's Subdivision" as being recorded in the records of said County which is described as: Beginning at a point on the north line of Colfax Avenue which is west (assumed bearing), 100.00 feet from the west line of Sycamore Street; thence northwesterly along a line 10 feet easterly of the easterly bank of the St. Joseph River to the south line of LaSalle Street; thence west along the south line of said LaSalle Street, 25.00 feet; thence southeasterly 15.00 feet west of and parallel with the east bank of the St. Joseph River to a point 25.00. feet west of the point of beginning; thence east, 25.00 feet to the point of beginning. (8) The construction of the Viewing Park Project consisting of the continuation of the existing 8 foot walkway along the eastern Riverbank to connect into the sidewalk along Sample Street for a total linear distance of approximately 2700 feet and the improvement and paving of the driveways and parking areas in Viewing Park, incidential required lighing, landscaping and appurtenant work, all of such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: The Southeast Quarter of Section Twelve (12), Township Thirty -seven (37) North, Range two (2) East, City of South Bend, St. Joseph County, Indiana. Beginning at the Southeast corner of Lot 213 of Heck's Addition and the easterly edge of the waters of the St. Joseph River; thence meandering Southeasterly and South along said Easterly water's edge to the point of intersection with the North right -of -way line of Sample Street projected; thence Northeast along said projected North right -of -way line of Sample Street to the West right -of -way line of Northside Boulevard; thence Northwesterly and North along said West right -of -way line of Northside Boulevard to the East lot line of Lot 213 of Heck's Addition; thence South along said East lot line a distance of fifteen (15) feet, more or less, back to the point of beginning. The total area of the project site is approximately 6 acres. (9) The construction of Central Business District Curbs and Sidewalk Improvements consisting of replacement and reconstruction of designated curbs and sidewalks in the City of South Bend as follows: (a) The sidewalk section located in front of the City parking lot on Lafayette Street containing 825 sq. ft. of area and a curb section of 55 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: City parking lot: Commencing at the southeast corner of lot 393; thence south for. 55 feet, thence east for 15 feet, thence north for 55 feet, thence west for 15 feet back to the point of beginning. (b) The sidewalk section located at 228 Lafayette Street containing 600 sq: ft. of area and a curb section of 40 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: 228 Lafayette: Commencing at the southwest corner of Lot 244; thence west for 15 feet, thence north for 40 feet, thence east for 15 feet, thence south for 40 feet back to the point of beginning. (c) The sidewalk section located at 228 Lafayette Street containing 795 sq. ft. of area and a curb section of 53 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: 228 Lafayette: Commencing at the southwest corner of Lot 244; thence north 65 feet to the point of beginning; thence west for 15 feet; thence north for 53 feet, thence east for 15 feet, thence south for 53 feet, back to the point of beginning. (d) The sidewalk section located at the City approach on Lafayette Street between the Valley American Bank property and the Bath Building property containing 210 sq. ft. of area, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: City Approach: Commencing at the southwest corner of Lot 244; thence south for 14 feet; thence west for 15 feet, thence north for 14 feet, thence east for 15 feet back to the point of beginning. (e) The sidewalk section located at 312 West Colfax Avenue rcontaining 1,235 sq. ft. of area and a curb section of 35 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: 312 West Colfax: Commencing at the northwest corner of Lot 385; thence north for 19 feet, thence east for 65 feet, thence south for 19 feet, thence west for 65 feet back to the point of beginning. (f) The sidewalk section located at 135 North Lafayette Street containing 1,900 sq. ft. of area and a curb section of 100 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: 135 N. Lafayette: Commencing at the northeast corner of Lot 385; thence south for 19 feet, thence west for 100 feet, thence north for 19 feet, thence east for 100 feet back to the point of beginning. (g) The sidewalk section located at the Colfax Theatre sidewalk �Ir+ containing 532 sq. ft. of area and a curb section of 38 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Colfax Theater: Commencing at the southwest corner of Lot 228; thence south for 14 feet, thence east for 38 feet, thence north for 14 feet, thence west for 38 feet back to the point of beginning. (h) The sidewalk section located at the Christman Building starting on Colfax and continuing north on Main Street containing 4,986 sq. ft. of area and a curb section of 356 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Christman Building: Commencing at the southeast corner of Lot 228; thence west for 144 feet, thence north for 14 feet, thence east for 129 feet, thence north for 198 feet, thence east for 15 feet, thence south for 212 feet back to the point of beginning. (i) The sidewalk section located at the South Bend Parking Lot on Main Street starting at the southeast corner of Lot 225 containing 5,490 sq. ft. of area and a curb section of 378 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Park & Lock Parking Lot: Commencing at the southeast corner of Lot 225; thence north for 198 feet, thence west for 165 feet, thence north for 14 feet, thence east for 180 feet, thence south for 212 feet, thence west for 15 feet back to the point of beginning. (j) The sidewalk section located at the City approach commencing at the northeast corner of Lot 226 on Main Street containing 210 sq. ft. of area, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: City Approach: Commencing at the northeast corner of Lot 226; thence north for 14 feet, thence east for 15 feet, thence south for 14 feet, thence west for 15 feet back to the point of beginning. (k) The sidewalk section located at 113 East Washington Street containing 675 sq. ft. of area and a curb section of 45 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Business Systems -113 E. Washington: Commencing at the southwest corner of Lot 18; thence west for 5 feet, thence south for 15 feet, thence east for 45 feet, thence north for 15 feet, thence west for 40 feet back to the point of beginning. (1) The sidewalk section located at 101 North Michigan Street containing 1,170 sq. ft. of area and a curb section of 78 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Fanny Mae's - 101 N. Michigan: Commencing at the southeast corner of Lot 18, thence west for 78 feet, thence south for 15 feet, thence east for 78 feet, thence north for 15 feet back to the point of beginning. (m) The sidewalk section located at 125 West Colfax Avenue containing 272 sq. ft. of area and a curb section of 16 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Summit Bank - 125 W. Colfax: Commencing at the southwest corner of Lot 7; thence west for 17 feet, thence south for 16 feet, thence east for 17 feet, thence north for 16 feet back to the point of beginning. (n) The sidewalk section located at the southeast corner of Lafayette Street and Jefferson Boulevard containing 2,920 sq. ft. of area and a curb section of 198 linear feet, such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: Trigon Building - Corner of Lafayette and Jefferson: Commencing at the Northwest corner of Lot 270; thence East for 82.5 feet, thence North for 15 feet, thence West for 99.5 feet, thence South for 99 feet, thence east for 17 feet; thence north for 84 feet back to the point of beginning. 10. The acquisition by purchase or condemnation of vacant \r► parcels of real estate in the city of South Bend needed for redevelopment purposes, the location and legal descriptions of said parcels being as follows: (a) 417 East South Street LEGAL DESCRIPTION A parcel of land in the East Half of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being the West 35.00 feet of Lot 4 of Jodan's Subdivision, as recorded in Book 3, Page 12, at the St. Joseph County Recorder's office in South Bend, Indiana, and described as follows: Commencing at the Northeast corner of Lot 1 in Jodon's Subdivision, also being the South right -of -way line of an 11.00 foot alley and the West right -of -way line of Fellows Street; thence South 00 °00'00" West (bearing assumed), 165.00 feet along said West right -of -way line; thence South 89 °42143" West, 97.16 feet to the Point of Beginning; thence South 00 ° 00'00" West, 55.09 feet to the North right -of -way line of South Street; thence South 89 042143" West, 34.84 feet along said North right -of -way line to the East right -of -way line of an 11.00 foot alley; thence North 00 ° 00'03" East, 55.09 feet along said East right -of -way line; thence North 89 °42140" East, 34.84 feet to the Point of Beginning and containing 0.0441 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (b) 509 South Rush Street LEGAL DESCRIPTION A parcel of land in the West half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, also being the South part of Lot 17 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 15, also being the East right -of -way line of a 14.00 foot alley and the south right -of -way line of Monroe Street; thence North 89 ° 38'43" East (bearing assumed), 110.00 feet along said South right -of -way line; thence South 00 ° 01'28" East, 103.30 feet to the Point of Beginning; thence North 89 ° 38'43" East, 54.95 feet to the West right -of -way line of Rush Street; thence South 00 ° 01'54" East, 63.00 feet along said West right -of -way line to the North right -of -way line of a 12.50 foot alley; thence South 8904114011 West, 54.96 feet along said North right -of -way line; thence North 00 °01128" West, 62.96 feet to the Point of Beginning and containing 0.0795 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (c) 520 South Fellows Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, also being the Northerly 29.00 feet of Lot 2 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 an iron on the Northwest corner of Lot 2, also being the intersection of the South right -of -way line of Monroe Street and the east Right -of -way line of Fellows Street; thence South 00 °00100" West (bearing assumed), 38.00 feet along said East right -of -way line to the Point of Beginning; thence North 89 ° 41'40" East, 55.00 feet; thence South 00 ° 00'00" West, 29.00 feet; thence South 89 ° 41'40" West, 55.00 feet to the East right -of -way line of Fellows Street; thence North 00 ° 00' 00" East, 29.00 feet along said East right -of -way line to the Point of Beginning and containing 0.0366 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (d) 522 South Fellows Street LEGAL DESCRIPTION A parcel of land in the West Half o the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, also being the middle 33.00 feet of Lot 2 of John Rush's 1st Addition as recorded in Book 2, Page 53 of the St. Joseph County Recorder's office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 2, also being the intersection of the South right -of -way line of Monroe Street and the East right -of -way line of Fellows Street; thence South 00 °00'00" West (bearing assumed), 67.00 feet along said East right -of -way line to the Point of Beginning; thence North 89 ° 41'40" East, 55.00 feet; thence South 00'00'00" West, 33.00 feet; thence South 89 °41140" West, 55.00 feet to the East right -of -way line of Fellows Street; thence North 00 ° 00'00" East, 33.00 feet along said East right -of -way line to the Point of Beginning and containing 0.0417 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (e) 618 South Columbia Street LEGAL 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 a part of Lot 8 of Birdsell Mfg. Co. Subdivision as recorded in Book 1, Page 48 at the St. Joseph County Recorder's office in South Bend, Indiana and described as follows: Commencing at an iron on the Northwest corner of Lot 9 in Birdsell Mfg. Co.'s Subdivision and also being on the East right -of -way line of Columbia Street; thence South 00 °00105" West (bearing assumed), 47.00 feet along said East right -of -way line to the Point of Beginning; thence North 88 ° 21' 17" East, 134.70 feet to the west right -of -way line of a 10.00 foot alley; thence South 00 ° 00'05" West, 40.00 feet along said West right -of -way line; thence South 88 °21117" West, 134.70 feet to the East right -of -way line of Columbia Street; thence North 00 ° 00' 05" East, 40.00 feet along said East right -of -way line to the Point of Beginning, and containing 0.1237 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (f) 516 South Rush Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots 11 and 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 North right -of -way line of a 12.50 foot alley and the East right -of -way line of Rush Street; thence South 00 001154" East (bearing assumed), 29.50 feet along said East right -of -way line to the Point of Beginning; thence North 8904014111 East, 110.00 feet; thence South 00 ° 01'54" East, 30.50 feet; thence South 89 ° 40'41" West, 110.00 feet to the East right -of -way line of Rush Street; thence North 0000115411 West, 30.50 feet along said East right -of -way line to the Point of Beginning, and containing 0.0770 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (g) 630 Lincolnway East LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lot 21 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 East right -of -way line of Rush Street and the South right -of -way line of a 12.50 foot alley; thence North 89 ° 41'40" East (bearing assumed), 165.00 feet along said South right -of -way line; thence South 00 ° 01'54" East, 94.53 feet; thence North 89 ° 41'40" East, 73.79 feet to the Point of Beginning; thence continuing North 89'4114011 East, 80.09 feet to the Southwesterly right -of -way line of Lincolnway; Thence South 37'21140" East, 40.66 feet along said Southwesterly right -of -way line; thence South 89 °41140" West, 92.75 feet; thence South 00 ° 01'54" East, 39.03 feet to the North right -of -way line of South Street; thence South 89 041140" West, 12.00 feet along said North right -of -way line; thence North 00 °01154" West, 71.47 feet to the Point of. Beginning, and containing 0.0796 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (h) 525 South Fellows Street LEGAL DESCRIPTION A parcel of land in the East Half of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being Lot 1 of Jodan's Subdivision, as recorded in Book 3, Page 12, at the St. Joseph County Recorder's office in South Bend, Indiana, and described as follows: Beginning at an iron on the Northeast corner of Lot 1 in said Jodon's Subdivision, also being the South right -of -way line of an 11.00 foot alley and the West right -of -way line of Fellows Street; thence South 00 °00100" West (bearing assumed), 55.00 feet along said West right -of -way line; thence South 89 °37123" West, 132.00 feet to the East right -of -way line of an 11.00 foot alley; thence North 0000010311 East, 55.00 feet along said East right -of -way line to the South right -of -way line of an 11.00 foot alley; thence North 89 °37123" East, 132.00 feet along said South right -of -way line to the Point of Beginning, and containing 0.1667 acres, more or less, and is subject to all easements, restrictions and or covenants of record. 11. The acquisition by purchase or condemnation of parcels of real estate and improvements thereon in the city of South Bend needed for redevelopment purposes, the payment of expenses that the Redevelopment commission is required or permitted to pay under Ic 8 -13 -18.5 and the clearance of said parcels of real estate, the locations and legal descriptions of said parcels being as follows: A (a) 530 South Fellows Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, also being the middle 45.64 feet of Lot 5 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 an iron on the Northwest corner of Lot 5, also being the South right -of -way line of a 12.50 foot alley and the East right -of -way line of Fellows Street; thence South 00 °00100" West, 30.86 feet along said East right -of -way line to the Point of Beginning; thence North 89 °41140" East, 55.00 feet; thence South 00 000100" West, 45.64 feet; thence South 89 °41140" West, 55.00 feet to the East right -of -way line of Fellows Street; thence North 00 ° 00'00" East 45.64 feet along said East right -of -way line to the Point of Beginning, and containing 0.0576 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (b) 528 South Fellows Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, also being the Northern 30.86 feet of Lot 5 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: Beginning at an iron on the Northwest corner of Lot 5, also being the intersection of the East right -of -way line of Fellows Street and the south right -of -way of a 12.50 foot alley; thence North 89 ° 41'40" East (bearing assumed), 55.00 feet along said South right -of -way line; thence South 00 ° 00'00" East, 30.86 feet; thence South 89 °41140" West, 55.00 feet to the East right -of -way line of Fellows Street; thence North 00 ° 00'00" East, 30.86 feet along said East right -of -way line to the Point of Beginning, and containing 0.0390 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (c) 505 South Rush Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being the middle part of Lot 17 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 15, also being the East right -of -way line of a 14.00 foot alley and the south right -of -way line of Monroe Street; thence North 89 ° 38'43" East (bearing assumed), 110.00 feet along said South right -of -way line; thence South 00 ° 01'28" East, 69.30 feet to the Point of Beginning; thence North 89 ° 38'43" East, 54.95 feet to the West right -of -way line of Rush Street; thence South 00 °01154" East, 34.00 feet along said West right -of -way line; thence South 89 ° 38'43" West, 54.95 feet; thence North 00 ° 01'28" West, 34.00 feet to the Point of Beginning, and contains 0.0429 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (d) 524 East Monroe Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being the North part of Lot 17 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 15, also being the East right -of -way line of a 14.00 foot alley, and the South right -of -way line of Monroe Street; thence North 89 ° 38'43" East (bearing assumed), 110.00 feet along said South right -of -way line to the Point of Beginning; thence continuing North 89 ° 38'43" East, 54.94 feet to the West right -of -way line of Rush Street; thence South 00 °01154" East, 69.30 feet along said West right -of -way line; thence South 89 ° 38'43" West, 54.95 feet; thence North 00'01128" West, 69.30 feet to the South right -of -way line of Monroe Street and the Point of Beginning, containing 0.0874 acres, more or less, and is subject to all easements, restructions and or covenants of record. 11 (e) 520 East Monroe Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being Lot 16 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 15, also being the East right -of -way line of a 14.00 foot alley, and the South right -of -way line of Monroe Street; thence North 89 ° 38'43" East (bearing assumed), 55.00 feet along said South right -of -way line to the Point of Beginning; thence continuing North 8903814311 East, 55.00 feet along said South right -of -way line; thence South 00 °01128" East, 166.26 feet to the North right -of -way line of a 12.50 foot alley; thence South 8904114011 West, 55.00 feet along said North right -of -way line; thence North 0000112811 West, 166.20 feet to the South right -of -way line of Monroe Street and the Point of Beginning, containing 0.2099 acres, more or less, and is subject to all easements, restrictions, and covenants of record. (f) 514 East Monroe Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, also being Lot 15 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 15, also being the East right -of -way line of a 14.00 foot alley and the South right -of -way line of Monroe Street; thence North 8993814311 East (bearing assumed), 55.00 feet along said South right -of -way line; thence South 00 ° 01'28" East, 166.20 feet to the North right -of -way line of a 12.50 foot alley; thence South 89'41'40" West, 55.00 feet along said North right -of -way line to the East right -of -way line of a 14.00 foot alley; thence North 0000112811 West, 166.15 feet along said East right -of -way line to the South right -of -way line of Monroe Street, also being the Point of Beginning and containing 0.2098 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (g) 512 East Monroe Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 27 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being Lot 3 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 2, also being the intersection of the East right -of -way line of Fellows Street and the South right -of -way line of Monroe Street; thence North 8903814311 East (bearing assumed), 55.00 feet along said South right -of -way line to the Point of Beginning; thence continuing North 89 °38143" East, 55.00 feet along said South right -of -way line; thence South 00 °00'00" East, 166.09 feet to the North right -of -way line of a 12.50 foot alley; thence South 89 641140" West, 55.00 feet along said North right -of -way line; thence North 00 °00'00" West, 166.05 feet to the South right -of -way line of Monroe Street and the Point of Beginning, and containing 0.2097 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (h) 502 East Monroe Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, also being the North 38.00 feet of Lot 2 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: Beginning at the Northwest corner of Lot 2, also being the East right -of -way line of Fellows Street and the south right -of -way line of Monroe Street; thence North 89 ° 38'43" East (bearing assumed), 55.00 feet along said South right -of -way line; thence South 00 °00'00" West, 38.04 feet; thence South 89 °41140" West, 55.00 feet to the East right -of -way line of Fellows Street; thence North 00 ° 00'00" East, 38.00 feet along said East right -of -way line to the Point of Beginning, and containing 0.0480 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (i) 413 -415 East South Street LEGAL DESCRIPTION A parcel of land in the East Section 12, Township 37 North, Portage Township, St. Joseph 40.00 feet of Lot 4 of Jodan's 3, Page 12, at the St. Joseph Bend, Indiana, and described as Half of the Southwest Quarter of Range 2 East, City of South Bend, County, Indiana, being the middle Subdivision, as recorded in Book County Recorder's office in South follows: Commencing at the Northeast corner of Lot 1, also being the South right -of -way line of an 11.00 foot alley and the West (40, right -of -way line of Fellows Street; thence South 00 °00100" West (bearing assumed), 165.00 feet along said West right -of -way line; thence South 89 042143" West, 57.32 feet to the Point of Beginning; thence South 00 °00100" West, 55.09 feet to the North right -of -way line of South Street; thence South 89 °42143" West, 39.84 feet along said North right -of -way line; thence North 0000010311 East, 55.09 feet; thence North 89 ° 42'40" East, 39.84 feet to the Point of Beginning, and containing 0.0504 acres, more or less, and is subject to all easements, restrictions and or covenants of record. 11 (j) 310 East South Street LEGAL 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 89 ° 39'47" East (bearing assumed), 141.50 feet along said South right -of -way line to the Point of Beginning; thence continuing South 89,3914711 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 ° 39147" West, 50.00 feet along said North right -of -way line; thence North 00 °00'00" West, 115.50 feet to the South right -of -way line of South Street and the Point of Beginning, and containing 0.1326 acres, more or less, and is subject to all easements, restrictions and or covenants of record. A (k) 620 -622 Lincolnway East LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lot 14 and 21 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 of a 12.50 foot alley; thence North 89 041'40" East (bearing assumed), 165.00 feet along said South right -of -way line to the Point of Beginning; thence continuing North 89 °41140" East, 82.06 feet along said South right -of -way line to the Southwest right -of -way line of Lincoln Way; thence South 37 ° 21'40" East, 56.16 feet along said Southwest right -of -way line; thence South 71 °41140" West, 31.43 feet; thence South 89 °41140" West, 86.28 feet; thence North 00 °01154" West, 54.53 feet to the South right -of -way line of a 12.50 foot alley and the Point of Beginning, containing 0.1245 acres, more or less, and is subject to all easements, restrictions and or covenants of record. 11 (12) The acquisition by purchase or condemnation of parcels of real estate and improvements thereon in the City of South Bend needed for redevelopment purposes and the rehabilitation of the parcels of real estate and improvements, the locations and legal descriptions of said parcels being as follows: IM (a) 618 Lincolnway East LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots 19 and 20 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 Southwest corner of Lot 18, also being the East right -of -way line of Rush Street, and the 'North right -of -way line of a 12.50 foot alley; thence North 89 ° 41'40" East 100.00 feet along said North right -of -way line to the Point of Beginning; thence North 00 °01154" West, 40.00 feet; thence North 89 °41140" East, 110.11 feet to the West right -of -way line of Lincolnway; thence South 37 ° 21'40" East, 50.12 feet to the North right -of -way line of a 12.50 foot alley; thence South 89 ° 41'40" West, 140.50 feet along said North right -of -way line to the Point of Beginning, and containing 0.1151 acres, more or less, and is subject to all easements, restrictions and or covenants of record. 1i (b) 626 Lincolnway East LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lot 14 and 21 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 East right -of -way line of Rush Street and the South right -of -way line of a 12.50 foot alley; thence North 89 °41140" East (bearing assumed), 165.00 feet along said South right -of -way line; thence South 0000115411 East, 54.53 feet to the Point of Beginning; thence North 89 °41140" East, 86.28 feet; thence North 71 041140" East, 31.43 feet to the Southwesterly right -of -way line of Lincolnway; thence South 3702114011 East, 62.30 feet along said Southwesterly right -of -way line; thence South 8904114011 West, 153.89 feet; thence North 00 001154" West, 40.00 feet to the Point of Beginning, and containing 0.1315 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (c) 701 East South Street LEGAL DESCRIPTION A parcel of land in the West Section 12, Township 37 North, Portage Township, St. Joseph 14 and 21 of John Rush's 1st Page 53, at the St. Joseph Bend, Indiana, and described as Half of the Southeast Quarter of Range 2 East, City of South Bend, County, Indiana, being part of Lot Addition, as recorded in Book 2, County Recorder's office in South follows: Commending at the Northwest corner of Lot 11, also being the East right -of -way line of Rush Street and the South right -of -way line 4(W of a 12.50 foot alley; thence North 89 ° 41'40" East (bearing assumed), 165.00 feet along said South right -of -way line; thence South 00 ° 01'54" East, 94.53 feet thence North 89 ° 41'40" East, 35.00 feet to the Point of Beginning; thence continuing North 89 °41140" East, 38.79 feet; thence South 00 001154" East, 71.74 feet to the North right -of -way line of South Street; thence South 89 ° 41'40" West, 38.79 feet along said North right -of -way line; thence North 00 °01154" West, 71.47 feet to the Point of Beginning and continuing 0.0636 acres, more or less, and is subject to all easements, restrictions and covenants of record. (d) 613 East South Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lot 14 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 East right -of -way line of Rush Street and the South right -of -way line of a 12.50 foot alley; thence North 89 °41140" East (bearing assumed), 165.00 feet along said South right -of -way line; thence South 0000115411 East, 94.53 feet to the Point of Beginning; thence North 8904114011 East, 35.00 feet; thence South 00 ° 01'54" East, 71.47 feet to the North right -of -way line of South Street; thence South 89 °41140" West, 35.00 feet along said North right -of -way line; thence North 00 °01154" West, 71.47 feet to the Point of Beginning, and containing 0.0574 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (e) 611 East South Street LEGAL A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lot 13 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 ° 41'40" East (bearing assumed), 110.00 feet along said South right -of -way line to the Point of Beginning; thence continuing North 8904114011 East, 55.00 feet; thence South 0000115411 East, 166.00 feet to the North right -of -way line of South Street; thence South 89 ° 41'40" West, 55.00 feet along said South right -of -way line; thence North 0000115411 West, 166.00 feet to the South right -of -way line of a 12.50 foot alley and the Point of Beginning and containing 0.2096 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (f) 512 South Rush Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots 18 and 19 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 southwest corner of Lot 18, also being -the North right -of -way line of a 12.50 foot alley and the East kv right -of -way line of Rush Street; thence North 00 ° 01'54" West (bearing assumed), 40.00 feet along said East right -of -way line; thence North 89'41140" East, 100.00 feet; thence South 00 001154" East, 40.00 feet to the North right -of -way line of a 12.50 foot alley; thence South 89 041140" West, 100.00 feet to the East right -of -way line of Rush Street and the Point of Beginning, and containing 0.0918 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (g) 514 South Rush Street LEGAL DESCRIPTION A parcel of land in the West Half of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots 11 and 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: r 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 °40141" East (bearing assumed), 110.00 feet along said South right -of -way line; thence South 00 001154" East, 29.50 feet; thence South 89'40141" West, 110.00 feet to the East right -of -way line of Rush Street; thence North 0000115411 West, 29.50 feet along said East right -of -way line of the Point of Beginning and containing 0.0745 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (h) 620 South Columbia Street LEGAL DESCRIPTION A parcel of land in the Southwest 37 North, Range 2 East, City of S, Joseph County, Indiana, being Subdivision, as recorded in Book County Recorder's office in South follows: Quarter of Section 12, Township Guth Bend, Portage Township, St. Lot 9 of Birdsell Mfg. Co. 1, Page 48, at the St. Joseph Bend, Indiana, and described as Beginning at an iron on the Northwest corner of Lot 9 in Birdsell Mfg. Co.'s Subdivision and also being on the East right -of -way line of Columbia Street; thence North 88 ° 21' 17" East (bearing assumed), 134.70 feet to the West right -of -way line of a 10.00 foot alley; thence South 00'00105" West, 47.00 feet along said West right -of -way line; thence South 88 ° 21'17" West, 134.70 feet to the East right -of -way line of Columbia Street; thence North 0000010511 East, 47.00 feet along said East right -of -way line to the Point of Beginning and containing 0.1453 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (i) 602 South Carroll Street LEGAL 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 89'39147" East (bearing assumed), 100.00 feet along said South right -of -way line of South Street; thence South 0000010011 East, 53.50 feet; thence North 89 ° 39'47" West, 100.00 feet to the East right -of -way line of Carroll Street; thence 0000010711 West, 53.50 feet along said East right -of -way line of Carroll Street to the Point of Beginning and containing 0.1230 acres, more or less, and is subject to all easements, restrictions and or covenants of record. (j) 609 South Columbia Street LEGAL 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: 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 ° 00'00" West (bearing assumed), 57.75 feet along said West right -of -way line to the Point of Beginning; thence continuing South 00 ° 00' 00" 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 ° 39'47" West, 45.25 feet along said North right -of -way line; thence North 00 ° 00' 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. (k) 320 East South Street LEGAL 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 South right -of -way line of South Street and the West right -of -way line of Columbia Street; thence South 00000,001, West (bearing assumed), 57.75 feet along said West right -of -way line; thence North 89' 39'47" West, 45.25 feet; thence North 00 ° 00'00" East, 57.75 feet to the South right -of -way line of South Street; thence South 89'39'47" East, 45.25 feet along said South Street right -of -way line to the Point of Beginning, and containing 0.0600 acres, more or less, and is subject to all easements, restrictions and or covenants of record. 21 EXHIBIT D LEASE PAYMENT SCHEDULE South Bend Redevelopment Autliority $4,895,000 T1F Lease Rental Bonds of 1990 Semi - Annual Lease Payments 7/31/91 1/31/92 7/31/92 1/31/93 7/31/93 1/31/94 7/31/94 1/31/95 7/31/95 1/31/96 7/31/96 1/31/97 7/31/97 1/31/98 7/31/98 1/31/99 7/31/99 1/31/00 7/31/00 1/31/01 7/31/01 1/31/02 7/31/02 1/31/03 7/31/03 1/31/04 7/31/04 1/31/05 7/31/05 1/31/06 7/31/06 1/31/07 7/31/07 1/31/08 7/31/08 1/31/09 7/31/09 1/31/10 , 7/31/10 1/31/11 7/31/11 1/31/12 (and each 7 -31 and 1 -31 there- after during the term of this lease) Amounts 295,500 295,500 295,500 295,500 295,500 295,500 295,500 295,500 315,500 315,500 343,000 343,000 344,500 344,500 355,000 355,000 358,500 358,500 358,500 358,500 358,500 358,500 358,500 358,500 358,500 358,500 358,500 358,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500 374,500