HomeMy WebLinkAboutResolution No. 3543 (Conveying Palais_Morris PAC to RDA)
RESOLUTION NO. 3543
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING THE TRANSFER OF THE MORRIS PERFORMING ARTS CENTER
COMPLEX TO THE SOUTH BEND REDEVELOPMENT AUTHORITY
WHEREAS, the South Bend Redevelopment Commission (the “Commission”),
governing body of the South Bend Department of Redevelopment, exists and operates pursuant
to I.C. 36-7-14; and
WHEREAS, the South Bend Redevelopment Authority (the “Authority”) exists and
operates pursuant to I.C. 36-7-14.5 as a separate body corporate and politic and an
instrumentality of the City of South Bend, Indiana (the “City”); and
WHEREAS, the Commission owns certain real property in the River West Development
Area, commonly known as the Morris Performing Arts Center Complex (the “Facility”); and
WHEREAS, the City intends to finance the improvements to the Facility in part through
the issuance of bonds; and
WHEREAS, the structure of the bond transaction involves issuing the bonds from the
Authority and a lease back to the Commission; and
WHEREAS, the Commission preliminarily approved the lease pursuant to Resolution
No. 3538, dated November 8, 2021, and approved the execution thereof and all other actions
necessary to effectuate the lease pursuant to Resolution No. 3540, dated November 22, 2021; and
WHEREAS, the Common Council of the City approved the execution and delivery of the
lease and the transfer of the Facility as intended thereby pursuant to Resolution 4936-21, dated
December 17, 2021 (“Council Resolution 4936-21”); and
WHEREAS, in order to effectuate the bond transaction, the Commission desires to
convey the Facility to the Authority pursuant to I.C. 36-1-11-8 and subject to the terms of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The Commission hereby approves the conveyance of the Facility to the Authority in
accordance with Indiana Code Section 36-1-11-8 and as authorized by Council
Resolution 4936-21.
2. The President and Secretary of the Commission will execute and attest to the
execution of, respectively, the quitclaim deed attached hereto as Exhibit A (the
“Deed”) conveying the Facility to the Authority.
3.Upon acceptance of the transfer by the Authority, the Commission hereby authorizes
and instructs Andrew Netter of the City’s Department of Community Investment to
deliver the Deed for recordation to the Office of the Recorder of St. Joseph County,
Indiana and to take any other action or execute any document necessary to affect the
Commission’s conveyance to the Authority.
4.This Resolution will be in full force and effect upon its adoption by the
Commission.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held
electronically on January 13, 2022, as authorized by Executive Order 20-09 issued by the
Governor of the State of Indiana, as subsequently renewed.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Troy Warner, Secretary
EXHIBIT A
Quitclaim Deed
[See attached.]
RETURN TO: AUDITOR’S RECORD:
City of South Bend TRANSFER NO.
227 W Jefferson Blvd., Ste 1400S TAXING UNIT:
South Bend, IN 46601 PARCEL NO. 018-1002-0043
QUITCLAIM DEED
THIS INDENTURE WITNESSETH THAT the Department of Redevelopment of the City of South Bend,
by and through its governing body, the South Bend Redevelopment Commission (the “Grantor”)
CONVEYS AND QUITCLAIMS TO the South Bend Redevelopment Authority (the “Grantee”), for and
in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which
is hereby acknowledged, the real estate located at 103 W. Colfax Ave., South Bend, in St. Joseph County,
Indiana (the “Property”), more particularly described as follows:
Lot Numbered One (1) as shown on the recorded Plat of Morris Civic Minor Subdivision,
recorded July 13, 1998 as Document Number 9836277 in the Office of the Recorder of
St. Joseph County, Indiana.
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quitclaim Deed on behalf of the Grantor represent and certify
that each has been fully empowered and authorized to execute this Quitclaim Deed and that all action
necessary to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
Dated this _____ day of January 2022.
GRANTOR:
SOUTH BEND REDEVELOPMENT COMMISSION
By:
____________________________, President
ATTEST:
_______________________________________
_______________________________, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this _____ day of
January 2022, personally appeared ___________________ and _______________________, known to
me to be, respectively, as the President and Secretary of the South Bend Redevelopment Commission, the
Grantor named herein, and acknowledged the execution of the foregoing Quitclaim Deed, being
authorized by Resolution 3543 of the South Bend Redevelopment Commission so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
, Notary Public
Resident of St. Joseph County, Indiana
Commission expires:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Sandra L. Kennedy
Prepared by Sandra L. Kennedy, Corporation Counsel, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601
13
Marcia I. Jones
Troy Warner
13
President, Marcia Jones Secretary, Troy Warner
Mary Brazinsky
12-12-2024