HomeMy WebLinkAbout1998-02-23 Resolution 121RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
AUTHORITY AUTHORIZING THE TRANSFER OF TITLE TO
CERTAIN REAL PROPERTY OWNED BY THE AUTHORITY TO THE
SOUTH BEND REDEVELOPMENT COMMISSION AND CERTAIN
ACTIONS RELATED THERETO
WHEREAS, the South Bend Redevelopment Authority (the "Authority") previously
entered into a lease between the Authority and the South Bend Redevelopment Commission (the
"Commission") dated as of November 1, 1989, as subsequently amended (the "Lease"), pursuant to
which the Authority leases certain land and public improvements (the "Project") to the Commission;
WHEREAS, the Commission has requested and the Authority now desires to transfer
title to certain real property which constitutes a portion of the Project to the Commission, which real
property is described at Exhibit A attached hereto and incorporated herein-(the -"Real Property"), for
the purpose of permitting the Commission to authorize and approve of the transfer of title to the Real
Property to South Bend Leased Housing Associates Limited Partnership, as successor in interest to
Monroe Park Associates which has exercised its option to purchase pursuant to a sublease dated as
of September 1,1992, between the Commission and South Bend Leased Housing Associates Limited
Partnership, as successor in interest to Monroe Park Associates; and
WHEREAS, to accommodate the Commission's request, the Authority now desires
to authorize the execution of an addendum to lease and a quitclaim deed transferring title to the Real
Property to the Commission for the purposes described herein; and
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• WHEREAS, Indiana Code 36-1-11-8 provides for the transfer of real property
between governmental entities upon terms and conditions as are agreed upon by the entities as
evidenced by the adoption of substantially identical resolutions by each entity;
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT AUTHORITY, AS FOLLOWS:
1. The Authority hereby approves of the amendment of the Lease to remove the
Real Property from the description of the Project contained in the Lease. The President and
Secretary-Treasurer of the Authority are hereby authorized to execute and attest, respectively, an
Addendum to Lease in substantially the form presented to this meeting with such changes as the
President and Secretary-Treasurer of the Authority deem necessary or appropriate upon the advice
of counsel, said officers' execution and attestation thereof to be conclusive evidence of their approval
• of such changes.
2. The Authority hereby approves of the transfer of title to the Real Property to
the Commission and authorizes the President and Secretary-Treasurer to execute and attest,
respectively, a quitclaim deed as prepared by counsel and such other documents as may be necessary,
if any, to evidence the transfer of title to the Real Property. Such deed shall then be recorded with
the office of the County Recorder.
3. All remaining terms, covenants and conditions as set forth in the Lease shall
remain in full force and effect.
4. This resolution shall be in full force and effect after its adoption by the
Authority.
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ADOPTED at a meeting of the South Bend Redevelopment Authority held on
February 23, 1997, Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
ATTEST:
SOUTH BEND REDEVELOPME/ANT AUTHORITY
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By: ..:~,~ --~'
Presid
Secretary-Treasurer
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