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HomeMy WebLinkAbout2000-01-24 Resolution 138RESOLUTION NO. 138 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY APPROVING A MODIFICATION TO THE LEASE FOR THE MORRIS PERFORMING ARTS CENTER PROJECT, APPROVING THE EXECUTION OF AN ADDENDUM TO THE LEASE, AND DIRECTING THE EXECUTION OF AN AFFIDAVIT OF PROJECT COMPLETION 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 March 1, 1992, as amended by an Addendum to Lease dated as of August 7, 1992 (collectively, the "Original Lease"), whereby the Authority leased certain land and a building located thereon commonly known as Palais Royale to the Commission; and WHEREAS, the Authority and the Commission amended and restated the Original Lease by entering into and adopting an Amended and Restated Lease, dated as of May 1, 1997, as amended by an Addendum to the Amended and Restated Lease (collectively, the "Amended and Restated Lease") the purpose of which was to provide for the acquisition, construction, renovation and equipping of the Morris Performing Arts Center which includes improvements to certain portions of the Palais Royale and acquisition of and improvements to the adjacent facility known as Morris Civic Center; WHEREAS, the Authority desires to approve and execute an addendum to the Amended and Restated Lease (the "Addendum"), a copy of which is hereby attached as Exhibit A, making certain amendments to the Amended and Restated Lease which amendments do not affect the maximum lease rental amount payable under the Amended and Restated Lease or the • maximum term of the Amended and Restated Lease; and • WHEREAS, the Authority desires to direct the President and the Secretary- Treasurer of the Authority to execute an Affidavit of Project Completion relating to the Morris Performing Arts Center Project; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Authority, as follows: 1. The Authority hereby approves the Addendum set forth in Exhibit A attached hereto. 2. All remaining terms, covenants and conditions as set forth in the Amended and Restated Lease shall remain in full force and effect. 3. The President or Vice-President and Secretary of the Authority are hereby authorized and directed to execute and attest, respectively, the Addendum. 4. The President and the Secretary-Treasurer of the Authority are hereby authorized and directed to execute and attest, respectively, an Affidavit of Project Completion. 5. This resolution shall be in full force and effect after its adoption by the Authority. • -2- :ODMA\PCDOCS\SBDOCS I\55316\1 • ADOPTED at a meeting of the South Bend Redevelopment Authority held on January ~'1, 2000, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. SOUTH BEND REDEVELOPMENT AUTHORITY By: resident ATTEST: e etary-Treas er I.JI -3- :ODMA\PCDOCS\SBDOCS I \55316\ 1 • EXHIBIT A ADDENDUM TO LEASE BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY, AS LESSOR, AND THE SOUTH BEND REDEVELOPMENT COMMISSION, AS LESSEE (MORRIS PERFORMING ARTS CENTER PROJECT) THIS ADDENDUM, made and entered into as of this -day of , 2000, by and between the South Bend Redevelopment Authority, a body corporate and politic organized and existing under Indiana Code 36-7-14.5 (hereinafter with its successors and assigns referred to as the "Authority"), and the South Bend Redevelopment Commission, the governing body of the South Bend Department of Redevelopment and the Redevelopment District of South Bend, Indiana (hereinafter called the "Lessee"), WITNESSETH: In consideration of the mutual covenants herein contained, it is agreed that the Amended and Restated Lease (Morris Performing Arts Center Project) previously entered into between said parties and dated as of May 1, 1997 (the "Amended and Restated Lease"), as amended pursuant to an Addendum to Lease dated as of January 15, 1998, and further amended pursuant to an Addendum to Lease dated as of March 1,1998 (all collectively referred to herein as the "Lease"), shall be further amended as follows: Exhibit C of the Lease is amended to read as follows: EXHIBIT C PROJECT DESCRIPTION Additional Project The Additional Project consists of the acquisition, construction, renovation, and equipping of the Morris Civic Center, specifically: (i) the renovation of the auditorium, including the installation of new seating, restoration of plaster and painting restoration with historic decorative painting, installation of new draperies and curtains, improvement of the current existing lighting; renovation and construction of concession areas; renovation and construction of restroom improvements; installation and construction of a new sound mixing position; and the renovation and construction of several technical booths (to provide for projection, follow spot lighting, lighting, and audio); the renovation and installation of theatrical lighting, architectural lighting; (ii) demolition of the existing stagehouse and construction and equipping of an expanded stage house which will extend approximately fifty (50) feet west of the existing Morris Civic Center with a height of approximately seventy (70) feet which stagehouse will contain a stage, stage floor, storage areas, dressing rooms, makeup rooms, resfrooms, a piano vault, equipment and instrument storage rooms, a stage manager's booth, a loading dock with capacity for two (2) tractor-trailers, a fire curtain, a main curtain, installation of riggings and draperies, technical facilities, orchestra shell, an expanded orchestra pit with pit lift, a scene storage area, additional wing space, backstage elevator for handicapped access and movement of equipment and new HVAC equipment with zoned heating and air conditioning; and (iii) the renovation and construction of parking lot improvements adjacent to and near the Morris Civic Center facility; and Combined Project The Combined Project consists of the construction, renovation, and remediation of certain areas located in the Palais Royale, including the abatement of lead paint and asbestos; the replacement of -the roof; the renovation of restrooms; the reinforcement of attic trusses for mechanical equipment; the demolition of the existing heating, ventilation, and air conditioning equipment located in the basement; the construction of new mechanical and electrical rooms in the basement; and the creation of an interstitial egress. The Additional Project and the Combined Project are all located on the following described real property, owned or to be acquired by the Authority or in which the Authority has secured or will secure an insurable easement: DESCRIPTION -PARCEL NO. 1 A parcel of land located in the West Half (W 1 /2) of the Northwest Quarter (NW 1 /4) of Section Twelve (12), Township Thirty-Seven (37) North Range Two (02) East of the Second Principal Meridian, all being located in Portage Township, City of South Bend, St. Joseph County, Indiana and being a part of Lot 4 and Lot 5 as shown on The Original Plat of Town, now City of South Bend and as described in Deed Book 595, Page 73 and being more particularly described as follows: All of Lot No. 4 of said Original Plat and the north 42' of Lot No. 5 of said Original Plat of the Town, now City of South Bend and containing 17,820 square feet, more or less. -2- ::ODMA\PCDOCS\SBDOCS 1\55134\1 DESCRIPTION -PARCEL N0.2 A parcel of land located in the West Half (W1/2) of the Northwest Quarter (NW1/4) of Section Twelve (12), Township Thirty-Seven (37) North Range Two (02) East of the Second Principal Meridian, all being located in Portage Township, City of South Bend, St. Joseph County, Indiana and being a part of Lot No. 8 and Lot No. 9 of the Plat of the Original Town, now City of South Bend and being more particularly described as follows: Beginning at the Northeast corner of said Lot 9 of the Plat of the Original Town, now City of South Bend; thence south along the east line of Lot 9 and Lot 8 and also being along the west line of a 14-feet wide, north/south alley lying midway between Main Street on the west and Michigan Street on the east, a distance of 108 feet, thence west, parallel with the north line of said Lot No. 9, a distance of 36 feet; thence north, parallel with and 36 feet west of the east line of said Lots 8 and 9, a distance of 108 feet to a point on the north line of said Lot No. 9; thence east along the north line of said Lot No. 9 and also being along the south line of a 14-feet wide east/west alley lying midway between LaSalle Street on the north and Colfax Avenue on the south, a distance of 36 feet to the Point of Beginning of this description and containing 3888 square feet, more or less. DESCRIPTION -PARCEL 3 A parcel of land being a part of the Lots 4,5, 6, 8 & 9 in the original Plat of South Bend as shown on the recorded Plat in the Office of the Recorder of St. Joseph County, Indiana and being more particularly described as follows: (i) Beginning at the Southeast corner of said Lot 6; thence West along the South line of said Lot 6, a distance of 165.00 feet; thence North, a distance of 66.00 feet; thence West, a distance of 7.00 feet; thence North, a distance of 17.98 feet; thence West, a distance of 49.00 feet; thence North, a distance of 41.83 feet; thence West, a distance of 7.00 feet; thence north, a distance of 11.60 feet; thence north 75°00'00" West, a distance of 18.93 feet; thence North 15°00'00" East, a distance of 3.67 feet; thence North 75°00'00" West, a distance of 21.91 feet to the West line of a parcel of land conveyed to Edward Kalamaros; thence North along said West line, a distance of 46.52 feet to the North line of said Lot 9; thence East along said North line of said Lot 9, a distance of 266.50 feet to the Northeast corner of said Lot 4; thence South, a distance of 198 feet to the place of beginning containing 41753.79 square feet more or less; and • -3- ::ODMA\PCDOCS\SBDOCS 1 \55134\ I • (ii) Commencing at the North/West corner of Lot 6, original Plat of South Bend; thence West 7 feet to the center line of the partially vacated North/South alley and the point of beginning; thence continuing West 7 feet to the West line of the alley; thence North 35 feet along the West line of the alley; thence East 7 feet to the center line of the alley; thence South 35 feet along the center line to the point of beginning. Containing .005 acre. DESCRIPTION -PARCEL 4 A parcel of land being a part of Lot 8 in the Original Plat of South Bend as shown on the recorded plat in the .Office of the Recorder of St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Southwest corner of said Lot 8; thence East along the South line of said Lot 8, a distance of 77.50 feet; thence north, a distance of 6.61 feet to the place of beginning for this description also being on the West line of a parcel of land owned by the Edward Kalamaros; thence continuing North along said West line of the Kalamaros property, a distance of 53.86 to a point ofnon-tangent curve; thence Easterly, Southeasterly and Southwesterly along a curve to the right having a radius of 27.00 feet and a central angle of 171-49'-26" and limited in • length by a chord that bears South, a distance of 53.86 feet to the place of beginning containing 1,041 square feet more or less. DESCRIPTION -PARCEL 5 (Waterworks Easement) Lot 10 and a part of the Lots 8 and 9 in the Original Plat of South Bend as shown on the recorded plat in the Office of the Recorder of St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Southwest corner of said Lot 8; thence North along the West line of said Lot 8, a distance of 1.25 feet to the place of beginning for this description; thence continuing North, a distance of 103.75 feet to the Northwest corner of said Lot 9; thence East along the North line of said Lot 9, a distance of 77.50 feet; thence South, a distance of 131.25 feet; thence West, a distance of 0.28 feet; thence North, a distance of 0.50 feet; thence West, a distance of 35.83 feet; thence North, a distance of 4.50 feet; thence West, a distance of 7.75 feet; thence South, a distance of 4.50 feet; thence West, a distance of 33.64 feet to the place of beginning containing 20,988 square feet more or less. • -4- ::ODMA\PCDOCS\SBDOCS 1 \55134\ 1 DESCRIPTION -PARCEL 6 (Alley Easement) The first East/West alley North of West Colfax Avenue from the East right-of- way of North Main Street to the West right-of--way of North Michigan Street for a distance of approximately 344 feet and a width of 14 feet. Beginning at the North/West corner of Lot 9, Original Plat of South Bend, being the same as the East right-of--way of North Main Street and the South right-of--way of the East/West alley; thence North 14 feet along the East right-of--way of North Main Street extended to the South/West corner of Lot 10, being the same as the East right-of--way of North Main Street and the North right-of--way of the East/West alley; thence East a distance of approximately 344 feet to the West right-of--way of North Michigan Street; thence South 14 feet along the West right- of-way of North Michigan Street to the North/East corner of Lot 4, being the same as the West right-of--way of North Michigan Street and the South right-of--way line of the East/West alley; thence West approximately 344 feet along the South right- of-way of the alley, to the point of beginning. Part located in the Original Plat of South Bend, St. Joseph County, Indiana. Containing .11 acre 2. The amendments to the Lease as set forth in this Addendum to Lease shall . be effective as of the date of this Addendum to Lease and all remaining terms, covenants, and conditions set forth in the Lease shall remain in full force and effect. ~*~~~ c: -5- ::ODMA\PCDOCS\SBDOCS 1\55134\I • IN WITNESS WHEREOF, the parties hereto have caused this Addendum to Lease to be executed for and on their behalf on this _ day of , 2000. SOUTH BEND REDEVELOPMENT .AUTHORITY By: President ATTEST: Secretary-Treasurer SOUTH BEND REDEVELOPMENT COMMISSION By: President ATTEST: • Secretary -6- :ODMA\PCDOCS\SBDOCS I \55134\ 1 STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known by me to be the President and Secretary-Treasurer, respectively, of the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing Addendum to Lease for and on behalf of said Authority. WITNESS my hand and Notarial Seal this day of , 2000. (Written Signature) (SEAL) (Printed Signature) My commission expires: I am a resident of County, Indiana. • 9 • ~7~ ::ODMA\PCDOCS\SBDOCS I \55134\ 1 • STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared ,personally known by me to be the Secretary of the South Bend Redevelopment Commission, and acknowledged the execution of the foregoing Addendum to Lease for and on behalf of said Commission. WITNESS my hand and Notarial Seal this day of , 2000. (Written Signature) (SEAL) My commission expires: I am a resident of • (Printed Signature) County, Indiana. This instrument prepared by Randolph R. Rompola, BAKER & DANIELS, 205 West Jefferson Boulevard, South Bend, Indiana 46601.. .7 -8- ODMA\PCDOCS\SBDOCS 1\55134\1