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HomeMy WebLinkAbout2006-06-07 Resolution 158.,~ RESOLUTION NO. A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Authority (the "Authority") has been created pursuant to Ind. Code § 36-7-14.5 as a separate body, corporate and politic, and as an instrumentality ofthe City of South Bend, Indiana (the. "City") to fmance local public improvements for lease to the South Bend Redevelopment Commission (the "Commission") on behalf of the City of South Bend, Indiana, Department of Redevelopment; and WHEREAS, the Authority and the Commission entered into an Amended and Restated Lease dated August 1, 1990, as amended (the "1990 Lease"), pursuant to which the Authority constructed certain local public improvements for and leased said improvements to the Commission on the real estate described at Exhibit A (the "1990 Leased Premises"); and WHEREAS, pursuant to the terms of the 1990 Lease, the Authority issued (i) its Taxable Lease Rental Acquisition and Refunding Revenue Bonds of 1993 in the original aggregate principal amount of $4,905,000 for the purpose of refunding its Taxable Lease Rental Revenue Bonds of 1991 (Airport Economic Development Area Public Improvement Project) originally issued under the 1990 Lease in an aggregate principal amount of $4,200,000 (collectively, the "Taxable 1990 Bonds") and (ii) its Lease Rental Revenue Refunding Bonds of 1997 (Airport Economic Development Area Public Improvement Project) in the original aggregate principal amount of $2,540,000 for the purpose of refunding its South Bend Redevelopment Authority Lease Rental Revenue Bonds (Airport Economic Development Area Public Improvement Project) dated March 1,1991, originally issued under the terms of the 1990 Lease in an aggregate principal amount of $2,355,000 (collectively, the "Tax-exempt 1990 Bonds"); and WHEREAS, per Section 2 of the 1990 Lease, the 1990 Lease expires upon payment or defeasance of all of the outstanding obligations issued under the 1990 Lease or secured by the lease rental payments payable to the Authority under the 1990 Lease; and WHEREAS, in 2003 and 2004, the Commission defeased its Taxable 1990 Bonds and its Tax-exempt 1990 Bonds through tax increment finance revenues on hand, and now no obligations issued under the 1990 Lease or secured by the lease rentals payable to the Authority under the 1990 Lease are outstanding; and WHEREAS, Section 14 of the 1990 Lease provides that upon the expiration of the 1990 Lease the 1990 Leased Premises shall be transferred to the Commission; and WHEREAS, the Authority has previously transferred to the Commission certain parcels of the 1990 Lease Premises and now desires, to the extent it has not previously, to transfer the remainder of the 1990 Leased Premises to the Commission; and WHEREAS, the Authority and the Commission also entered into a Lease dated July 1,1992, as amended (the "1992 Lease"), pursuant to which the Authority would acquire certain real estate and constructed certain local public improvements thereon, including the Blackthorn Golf Course, as more particularly described at Exhibit B (collectively, the "1992 Leased Premises"); and WHEREAS, pursuant to the terms of the 1992 Lease, the Authority issued (i) its Lease Rental Revenue Refunding Bonds of 1998 in an original aggregate principal amount of $6,135,000 (the "1998 Bonds"), refunding the Authority's previously outstanding South Bend Redevelopment Authority Lease Rental Revenue Bonds (Blackthorn Golf Course Project) dated October 1, 1992 originally issued in an aggregate principal amount of $5,680,000, and (ii) no other obligations under. the 1992 Lease; and WHEREAS, the 1998 Bonds are secured by a Trust Agreement by and between the Authority and Wells Fargo Bank, N.A., successor in interest to Norwest Bank Indiana, N.A., as Trustee and dated November 1,1998 (the "Trust Agreement"), recorded as Document No. 9861369, in the records of the Recorder's Office of St. Joseph County, Indiana; and WHEREAS, the Commission has requested that the Authority convey the Proposed Outlot (as more particularly defined and described at Exhibit C), an approximately 40ft by 370ft section of the 1992 Leased Premises, to the Commission to provide for the construction of a four-star hotel development project (the "Hotel Project") on Lot 3A (as more particularly described and defined at Exhibit C) (Lot 3A and the Proposed Outlot shall be referred to herein collectively as the "Hotel i Site"); and WHEREAS, evidence has been presented to the Authority that the Hotel Project allow for significant private investment of approximately Seventeen Million Dollars ($17,000,000) on property immediately adjacent to the 1992 Leased Premises, increasing the value of the 1992 Leased Premises; and WHEREAS, the conveyance of the Proposed Outlot will not reduce the lease rentals payable by the Commission to the Authority for the remaining portion of the 1992 Leased Premises; and WHEREAS, the Authority desires to transfer the Proposed Outlot to the Commission to allow for the Hotel Project; and WHEREAS, the Authority desires for the Proposed Outlot and Lot 3A to be replatted as may be appropriate for the development of the Hotel Site; and WHEREAS, pursuant to Ind. Code § 36-1-11-8 and the 1990 Lease, the South Bend Redevelopment Authority and the South Bend Redevelopment Commission, acting for and on behalf of the City of South Bend, Department of Redevelopment, may exchange or transfer property with one another upon the terms and- conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Authori has entered into a Settlement A cement and Release affectin a ty ~' g • • portion of the 1990 Leased Premises and the Proposed Outlot and under the terms thereof may not transfer any portion of the 1990 Leased Premises or the Proposed Outlot until such the Easement Agreement with License (as described in such Settlement Agreement and Release) (the "Easement Agreement") has been duly recorded; and WHEREAS, the Commission, at its meeting on June 23, 2006, will consider a resolution substantially identical to this one accepting the transfer of the Real Property from the Authority to the Department of Redevelopment (the "Commission Resolution"); NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Authority that: 1. 'The Authority hereby finds that the 1990 Lease has expired pursuant to the terms thereof, as all obligations issued under the 1990 Lease or secured by the lease rentals payable to the Authority under the 1990 Lease have been paid and are no longer outstanding, and the Authority hereby authorizes the President or Secretary to approve and execute any documentation necessary to evidence the same. 2. The transfer of the Authority's interest, if any, in the parcels of property comprising of the 1990 Leased Premises situated in St. Joseph County, Indiana, and described at Exhibit A by the Authority to the Commission on behalf of the City of South Bend, Indiana, Department of Redevelopment shall be, and hereby is, approved. etermines that the transfer and release of the Pro osed Outlot 3. The Authority hereby d P from the 1992 Lease and the 1992 Trust Agreement does not adversely impact the holders of the 1998 Bonds and will not result in a reduction of the lease rentals owed by the Commission under the 1992 Lease, as the value of the Proposed Outlot is relatively minimal compared to the remaining portion of the 1992 Leased Premises and as the transfer will allow for an significant private investment adjacent to the remaining portion of the 1992 Leased Premises increasing the value of remaining 1992 Leased Premises. The President and the Secretary is authorized to approve the form of and to execute and attest, respectively, and deliver a Third Addendum to Lease and any other documentation necessary to release the Proposed Outlot from the 1992 Lease. 4. The transfer of the Proposed Outlot situated in St. Joseph County, Indiana, and described at Exhibit C by the Authority to the City of South Bend, Indiana, Department of Redevelopment shall be, and hereby is, approved. 5. The President and the Secretary of the South Bend Redevelopment Authority shall be, and hereby are, authorized, respectively, to approve the form of and to execute and attest a quit-claim or warranty deed or any other instrument necessary to convey all of the right, title and interest in the 1990 Leased Premises and the Proposed Outlot to the City of South Bend, Indiana, Department of Redevelopment. Said officers shall not complete the transfer of the 1990 Leased Premises or the Proposed Outlot until the Easement Agreement has been recorded. 6. This Resolution shall be in full force and effect upon its adoption by the South Bend. Redevelopment Authority excepting that the provisions related to the transfer of real estate shall be effective upon the adoption of the Commission Resolution by the Commission. The transfer of the real estate shall not be effective until a deed is duly recorded effecting the same. ADOPTED at a meeting of the South Bend Redevelopment Authority held at 1308 County- CityBuilding, 227 W. Jefferson Boulevard, South Bend, Indiana 46601 on June 7, 2006. SOUTH BEND REDEVELOPMENT AUTHORITY ~-.--~ Carolyn V. Pfotenhauer ATTEST: J Alvarez • EXHIBIT A Legal Description for 1990 Leased Premises • • TAXABLE PROJECT DESCRIPTION The project consists of the following: The construction of Northwest Loop Improvements in the City ` (1) roximately 1,100 of South Send consisting of the construction of app rased linear feet of U-shaped roadway separated by a 120. foot g median located along the new alignmenm back of curb to bac}coof~curb overall -section width is 40 0 _ fro t On with a~ curb and the proposed curb and gutter section is 2 he1ght of 6~inches), lighting, extension of water and sewer lines 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: NORTHWEST LOOP DESCRIPTION A parcel of land located in the Southwest Quarter (SW1/4) of Township Thirty-Eight (38) North, Range Two Section Twenty (20), _ St. Joseph County and (2 ) East andartic 1 arly described asw fol ows being more p ~ ncing at the southeast corner.of the Southwest Quarter (SW1/4) thence north, along the north/south c-~id Section Twenty (20)% and also being along the e;~..,° ~erline of said Section Twenty (20) centerline of a public road now known as Mayflower Road, a distance of 2160.0 feet; .thence west, parallel with~tte ~ s ~ o~ ~landistance Southwest Quarter (SW1/4) of said Section Y of 1135.0 feet to a point of curvature of a tangent curve; thence southwesterly, along a curve to the left, said curve having a radius of 800.00 feet and being subtended by a centchord ghaving 3a 18' 35" and also being subtended by a. Iong• deflection angle of 21° 39' 16.5" to the left from the preceding described course and having a length. of 590.42 feet, an arc distance of 604.71 feet to a point of curvature of a non-tangent curve; thence northwesterly, along a line having descr bed ~coursee of 62° 52' 23" to the right from the preceding ri ht of a distance of 30.13 feet to a point on the northwesterly 9 way line of a proposed street and also being the Point of Beginning of this description,, said description being a strip of land 110.00 feet wide and being 30.0 feet on the right and 80.0 feet left of the following described line; thence northwesterly, along a line having a deflection angle of 00' 15' 25" to the left from oint preceding described course, a distance of 370.00 feet to a p of curvature of a tangent curve; thence west and southwesterly, along a curve to the left, said curve having a radius of 80.00 f arc and being subtended by a central angle of 180' 00 00 , 1 th of 251.33 feet and also being subtended by a long chord a deflection angle of 90' 00' 00" from the preceding g ribed course and a length of 160.00 feet, to a point o EXH'f~I\BIT D i~ \ Y t ncy of a tangent curve; thence southeasterly, along a line h~g a deflection angle of 90 a distanaetoft370100tfeetmtoha pi_.eding described long chord, ro osed street, point on the northwesterly right of way line of a P P tion, the said point being 110:0 feet wide strip beingtextended o rshortened sidelines of said to intersect the right more aor less,of said proposed street and containing 2.298 acres, urchase or condemnation of parcels of real (Z) The acquisition by p estate and any improvements thlocal 1nublicJoimprovements Itolabe needed in connection with P constructed in the Airport Economic Development Area, the payment of expenses that the Redevelopment Commission is required or permitted to 'pay under IC 8-13-18:5 and -tie'clearance of~ said parcels of real estate, the location and legal descriptions of said parcels being as~follows: ~- (a) Twenty (20) .acres taken off of and from the acresetaken end of the North One Hundred Nineteen (119) off of and from the entire North s~deand the Northwest tracts: The Northwest Quarter (1/ ) 1 4 of Section Quarter (1/4) of the Northeast Quarter ( / ) Twenty-nine (29), Township Thirty-eight (38) North, Range (2) East. ' ,~ (b) All that portion of the North 119 acresofftri e Northeast quarter, and the Northwest quarter quarter of Section 29, which lies West oft Townshi1138 of the Northeast quarter of Section 29, P North, Range 2 East which is located on the West side of Butternut Road; excepting the following parcels: 1} Twenty acres taken off of the West end of said 119 acres. ---_ 2} A part of-~the North~hlsideroftthe Northwest quartet . from the entire Nor arter of and the West half of the Northeast ~ which Section 29, Township 38 North, Range 2 East, tract is bounded by a line running as follows, to-wit: Beginning in the center of what is known as Butternut Road at a point, which point is 165 feet North and twenty feet West of the Southeast corner of the Northwest quarter of the Northwest quarter of said Section 29 and running thence thence distance of-264 feet; thence South 165 feet, East a distance of 264 feet to the center of said Butternut Road, which point is 20 feet West of the Southeast corner of the Northwest quarter of the r -2- \rlhill\sthbnd\air~ort\General\tazab le.b;tmg;12-13-90; Northwest quarter of said Section 29 and thence running -North along the centerline of said Butternut Road 165 feet to the place of beginning. As recorded.in Deed Record 385 Page 129. 3) P; ~ubj ect t %s . A lot or parcel of .land in the Northwest quarter of Section No. 29, Township No. 38 North, Range No. 2 East, described as follows: vis: Beginning on the centerline of the Butternut Road at a point 165 feet due North of the South line of a 119 acre trac£ of land taken off of and from the entire length of the North side of the West three-fourths of the -North half of the North half of said Section No. 29; thence West parallel with the South line of said 119 acre tract a distance of 2G4 feet; thence Northerly parallel with the centerline of said Butternut Road a distance of 140 feet; thence Easterly 263.55 feet to a point in the centerline of said Butternut Road 145.feet Northerly from the .place of beginning; thence Southerly along the centerline of said Butternut Road, 145 feet to the place of beginning;~ together with the right to use a road 30 feet in width, North and South, lying North of and adjoining the above described tract for ingress and egress. Containing 57.47 acres more or less, subject to all legal highways.- to easements and rights of way, and current real estate (c) Part of the Northwest Quarter (1/4) of Section Twenty-nine (29), Township Thirty-eight (38) North,-Range Two (2) East, described as follows, to wit: Beginning at a point in the center of the public road running - Northerly and Southerly across said Quarter Section, Six Hundred Sixty (660) feet .South of the North boundary line of the land formerly owned by William C. Jackson, which point, measured -along the-center line of said public road, is Six Hundred Seventy-two (672) feet South of said North boundary line, thence West Seven Hundred (700) feet; thence North Two Hundred Eighty and Five Tenths (280.5) feet; thence East Three Hundred Thirty-five (335) feet to the West boundary line of the land now owned by Charles Barwig; thence Southeasterly, parallel with said public road, One Hundred Thirty-Two (132) feet to the Southwest corner of the land of said Charles Barwig; thence East Three Hundred Thirty (330) feet to the center of said public road; thence Southerly along the center line of said road, One Hundred Forty-four (144) feet to the place of beginning, in St. Joseph County, Indiana. • -3- \rLhlll\sthbnd\eirport\General\tnxable.b;tmg;12-13-90; ~) A lot or parcel of land in the Northwest Quarter of Section Twenty-nine (29) in. Township Thirty-eight (38) North of Range Two (2) East, Beginning at a point in the center of the public road running North and South through said Quarter Section, Sixteen (16)~rods, South of the North Boundary line of the land owned by W.C. Jackson, thence South along the center of said road, Sixteen (16) rods; thence East Twenty (20) rods; thence Northerly parallel with said road, Sixteen.(16) rods; thence West Twenty (20) rods to the place of beginning, known as Lots Twenty-seven (27) and Twenty-eight (28)-in W.C. Jackson's proposed Sub-division. (e) A lot or parcel of land containing Three (3) acres taken off of and from the entire length of the West side _of the West Half (1/2) of the Southeast Quarter (I/4) of the Southeast Quarter (1/4) of Section Number Nineteen (19), Township Number Thirty-eight (38) North, Range Two (2) East, excepting therefrom that. portion of said-premises conveyed to the State of Indiana by a Warranty Deed dated January 11, 1980 and recorded March 20, 1980 as Instrument No. 8004813. That portion of the West Half (1/2) of the Southeast Quarter of Section Nineteen (19), Township Thirty-eight (38) North, Range. Two (2) East, lying East of the South Bend Bypass and lying South of the lands conveyed to the State of Indiana by a Warranty Deed dated January 11, 1980 and recorded March , 1980 as Instrument No. 8004813 and lying North of Cleveland Road. (f) The West half (1/2) of the South East Quarter (1/4) of the South East Quarter (1/4) of Section Number Nineteen (19), Township Number Thirty-eight (38) North, Range Number Two (2) East, excepting therefrom the West Three (3) acres thereof. (g) The East one-half of the North East quarter of Section No. 30, Township No. 38, North, Range No. 2 East. The East one-half of the South East quarter of ,the South East quarter of Section No. 19, Township No. 38 North, Range No. 2 East. The West one-half of the South West quarter of the North West Quarter of Section No. 29, Township No. 38 North, Range No. 2 East. Also a parcel of land containing 1/6 of an acre in the East one-half of the North West quarter of the North West quarter of Section No. 29, Township No. 38 North, Range No.2 East described as follows: Beginning at the North West corner of the West one-half of the South West quarter of the North West quarter of Said Section No. 29; running thence East 40 rods to the Northeast corner of said West one-half of -4- r1hi11\sthbnd\airport\benerel\tazable.b;tmg;12-13-40; the South West quarter of the North West quarter of said Section No. 29; thence North 11 feet; thence West 40 rods to the West line of the North. West quarter of said Section No. 29; thence South 11 feet ~ to the place• of beginning, excepting, however, 5.533 acres, more or less,. sold to the State of Indiana for road purposes. . (h) The West Half (1/2} of the Southwest Quarter (1/4) of Section Twenty (20}, Township Thirty-eight (38) North, ~2ange Two (2) East, excepting therefrom eight (8) acres, more or less, in the Southeast corner thereof, the same being more fully described by metes and bounds as follows: Beginning at the"Southeast corner of-the West Half (1/2) of the Southwest Quarter (1/4) of said . Section, thence running West Thirty (30) rods; thence - ~ North Forty-two (42) rods and Thirteen and one-half (13' 1/2) links; thence East Thirty (30) rods; thence South Forty-two (42) rods and.Thirteen and one-half (13 1/2) links. to the place of beginning, containing after said -exception Seventy-two (72) acres, more or less and, - - A part-of the Northeast Quarter of the Southeast Quarter of Section 19, Township 38 North, Range 2 East, in St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section; thence South 00° 14' 14" East 170.00 feet along the East line of the Southeast Quarter of said Section •,~ to the True Point of Beginning; thence continuing South 00° 14' 14" East 1126.02 feet along said Southeast ' Quarter's East line to a point on the South line of the Northeast Quarter of said Southeast Quarter; thence South 89° 46' 45" West 100.12 feet; thence North 00° 14' 14" West 1009.74 feet; thence North 40° 29' S5" East 153.42 feet to the Point of Beginning. (i) The East One-half (1/2) of the Southwest Quarter (1/4); and A tract out of the Southeast corner of the West Half (1/2) of the Southwest Quarter (1/4) described as Thirty-four (34-) rods North-and South by Fourteen (14) rods East and West; and South Thirty (30) acres off of .and from the East One Hundred Twenty (120) acres of the Northwest Quarter (1/4); and A part of the Southwest Quarter (1/4) of the Southwest Quarter (1/4) described as commencing at a point on the South section line Fourteen (14} rods .West of the Southeast corner of the Southwest Quarter (1/4) of the Southwest Quarter (1/4), thence West Sixteen (16) rods; thence North Forty-two (42) rods Thirteen and One-Third • -5- ••ihi11\sthbnd\airporL\Several\tazable.b;tmg;12-13-90; (13 1/3} links; thence East Thirty (30) rods; thence South Eight (8) rods Thirteen and One-third (13 1/3} links; thence West Fourteen (14} rods; .thence South rods to the place of~beginning; all of Thirty-four (34) which described lands are located in Section Twenty (20) Township Thirty-eight (38} North, Range Two (2-) East. Excepting therefrom 35.4 acres described as follows: A part of Section 20, Township 38 North, Range 2 East, bounded and described as follows: __ t t Tract No. l: Beginning at the center. point -of said section, the same being the center of the Mayflower Road; thence Southerly along the East line of the Southwest Quarter of said Section 427 feet, to a point~650 feet southerly measured at right angles from the Center line of the Indiana East-West Toll Road (A Centerline Survey Map of which-is on file in the office of the Recorder of St. Joseph County, Indiana); thence. North 89 degrees 52 minutes 23.3 seconds West distant 605.99 feet to a point 650 feet southerly measured at right angles. from Centerline Station 4049+62 of said Toll Road; thence North 0 degrees 07 minutes 36.7 seconds East distant 428.80 feet to the North line of the Southwest Quarter of said section; thence Easterly along the North line of the Southwest Quarter of said section to the place of beginning. Tract No 2: The South 30 acres of the East 120 acres of the Northwest Quarter of said section Leaving a balance of 82.6 acres. (Parcel No. A-6 (XL) A part of the Southwest Quarter of the Northwest Quarter of Section 20, Township 38 North, Range 2 East, in St. Joseph County, Indiana, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 20; thence South 89°-51'-58" East 1305.71 feet along the South line of the Northwest Quarter of said section to the true point of beginning; thence continuing South 89°-51'-58" East 671.7 feet, more or less along said Northwest Quarter south line to a point on the west property line of Service Area #4 South which point is 220 feet south of and at right angles to Station 4049+62 of the Indiana East-West Toll Road (a Centerline Survey.Map of which is on file in thc~ office of the Recorder of St. Joseph County, Indiana); thence North 0°.-07' -36.7" East a distance of 40 feet to the south right-of-way line of the Indiana East-West Toll -6- rlhill\sthbnd\airport\Benerel\tnxable.b;tmg;12-13-90; Road; thence North 89' -52'-23" West 412 feet along said south right-of-way line said point being~180 feet south of and at right angles to Station 4045+50 on the Indiana East-West Toll Road centerline, thence North 0' 07'- -36.7" East a distance of 30 feet to a point which said point is I50 feet south of said~~Station 4045+50; thence North 89' -52'=23" West along said south right-of-way line a distance of 259.7 feet, more or less to a point; thence South 0' -07' -36_.7" West a distance of 70.16 feet to point of beginning, containing 0.8 acres, more= or less, and which is a part of Parcel 62-A-3 (XL). ._ This tract is subject to a pipeline easement in favor of the Standard Oil Division of Amoco-Oil Company; said pipeline was to be built within 50 feet of the south line of the Northwest Quarter of said Section 20. (j) Part of the South East quarter of the South East quarter of Section No. 28, Township No. 38 North, Range No. 2 East, bounded by a line- running as follows, viz: Beginning at a point on the East line of said Section, which point is 895 feet North of the Southeast corner thereof; running thence North on said East-line 16 rods (264 feet); thence West parallel with the North line of said Section 10 rods (165 feet); thence South parallel with said East line 16 rods (264 feet); thence East 10 rods (165 feet), to-the place of beginning, containing "'~ one acre, more or less. • -7- \zL._~i\sthbnd\airport\genoral\taxnble-b;tmg;12-13-90; TAX EXEMPT PROJECT DESCRIPTION '~•he project consists of the following: (1), The construction of Mayflower Road-Improvements in-the City of South Bend consisting of the widening and resurfacing of the roadway 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: ~ _ MAYFLOWER ROAD NORTH OF OLD CLEVELAND ROAD - DESCRIPTION - - A part of Section Twenty (20) , Township Thirty Eight (38) North, Range Two (2 ) East and situated .in the County of St.. - Joseph and State of Indiana, more particularly desc-ribed as follows: Commencing at the Northwest Corner of the Southeast One-Quarter (1/4) of Section Twenty (20) Township Thirty-Eight (T 38 N) North Range Two (R 2 E) East, and running in a southerly direction along the North-South centerline of Section Twenty (20) a distance of four hundred twenty-seven (427) feet to the Point of Beginning; thence in a southerly direction along the North-South-centerline ection Twenty (20), a distance of two thousand two hundred teen (2219) feet, thence running in an easterly direction, ."~ng the South Line of said One Quarter (1/4) Section a distance of thirty (30) feet, thence running in a northerly direction on a Line thirty (30) feet East of and parallel to the North-South centerline of Section twenty (20) a distance of one thousand eight hundred sixty nine (1869) feet, thence running North four degrees twenty-nine minutes fifty-three and seven-tenths seconds (N 04' 29' 53.7" E) East a distance of three hundred fifty one and twenty-eight hundredths. (351.28) feet, thence running North eighty-nine degrees fifty-two minutes twenty-three and three-tenths seconds (N 89 ° 52' 23:3" W)- ~~West a distance of sixty (60) feet to the Point of Beginning, excepting therefrom that portion thereof lying within the bounds of Mayflower Road as now established. The above description referenced to Book 538, Page 317 of the St. Joseph County Recorder; and MAYFLOWER ROAD NORTH OF OLD CLEVELAND ROAD DESCRIPTION A part o Range Tw State of f Section Twenty (20), Township Thirty o (2) East and situated in the Count Indiana, ~~ning at the a line drawn Y more particularly described a intersection of the centerline parallel to and distant 650 EXHIBIT k~ Eight (38) North, of St. Joseph and s follows: of Mayflower Road feet Southerly of measured on a line normal to the centerline of the Ind-iana st-West Toll Road as shown by plat recorded in the St. Joseph ~unty Map Records; thence Southerly along said centerline to the _ntersection of the Northerly right of way line of Cleveland Road; thence Westerly along said Northerly right of way line, distant 30 feet; thence Northerly in a straight line to a~point distant 30 .feet Westerly measured at r-fight angles to .said centerline from a . point thereon, distant 1000 feet .Southerly, measured along said centerline from its intersection with the aforesaid Toll Road centerline; thence Northwesterly in a straight line to the intersection of the aforesaid parallel line, said point of intersection 60 feet Westerly, measured at right angles to said centerline of Mayflower Road; thence Easterly along said-parallel line to the Place of Beginning. The above description referenced - to Boo}c 538, Page 504 of the St. Joseph County Recorder. (2) The construction of Brick/New Cleveland Road Improvements in the. City of South Bend consisting of. extension of water and sewer lines, installatio-n of a sanitary sewer.lift station, widening and _ - repaving of Brick Road from New Cleveland Road east for. approximately 900 feet= 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: BRICK/NEW CLEVELAND DESCRIPTION _ at part of the Southwest quarter of Section 17 and the Northwest - -~ quarter of Section 20, T. 38 N. R. 2 E. German Township, St. Joseph County, Indiana which is described as: Beginning at the Southwest corner of said Section 17; thence North 00 deg. 04 min. 03 sec. East along said line, 20.00 ft.; thence South 89 deg. 39 min. 06 sec. East, 329.03 ft.; thence North 00 deg. 22 min. 38 sec. East, 20.00 ft.; thence South 89 deg. 39 min. 06 sec. East, 60.00 ft.; thence South 00 deg. 22 min. 38 sec. West 20.00 ft.; thence South 89 deg. 39 min. 06 sec. East, 138.00 ft.; thence North 00 deg. 22 min. 38 sec: East, 20.00---f t; thence South 89 deg. 39 min. 06 sec. East, 375.53 ft.; thence South 00 deg. 09 min. 31 see. West, 60.00 ft.; thence North 89 deg. 39 min. 06 sec. West, 542.40 ft.; thence South 00 deg. 35 min. 00 sec. East, 158.02 ft.; thence North 89 deg. 39 min. 06 sec. West, 361.78 ft.; thence North 00 deg. 00 min. 30 sec. East along the West line of Section 20, 178.00 ft. to the Point of Beginning. (3) The construction of Point Viridian Improvements in the City of South Bend consisting of the extension of the existing Viridian Drive for approximately 550 linear feet including curbs, lighting, -2- \rIhi11\sthbnd\airport\8eneral\Cexezemp.b;tmg;12-13-90; si e, landscaping, drainage, striping; all of such construction anclated improvements- t cbeimedeb nthee Authority: described real est a acquired-or to be a qu y VIRIDIAN DRIVE A part of the Southeast Quarter of Section 28, Township 38 North, `Range 2 East, 5t. Joseph County, Indiana, described as follows: Commencing at the southeast corner. of said quarter section; theh-ee West 40.OQ feet to the west boundary-of Bendix Drive; thence North 00 degrees 02 minutes 06 seconds West and parallel. with the east Iine of said quarter section 588.12 feet; the ac rad ushofS65r00 90.13 feet along an arc to the left and having :feet and subtended by ~ a long -chord having a bearing of North 39- degrees 45 minutes 35 seconds West and a length of 83.08 feet; thence northwesterly 123.15 feet along an arc to the right and having a radius of 290.00 feet and subtended by a long chord having a bearing of North 67 degrees 19 minutes 08 seconds West and a length of 122.23 feet; thence northwesterly 308.34 feet along an arc to the left and having a radius of 506.97 feet and subtended by a long chord having a bearing of North 72 degrees 34 minutes 35 seconds West and a length of 303.61 feet; thence West 457.•01 feet to the point of beginning; thence northwesterly 376.93 feet along an c to the right and having a radius of 480.00 feet and su ded by a long chord having a bearing of North 67 degrees 32 _~~~s 20 seconds West and a length of 367.32 feet; thence North 45=---••~•~grees 02 minutes 33 seconds West 65.14 feet, thence Nort 0 • thence South 51 degrees 21 minutes 33 seconds East .226.80 feet, • thence South 00 degrees 11 seconds 07 minutes East 51.08 feet, degrees 21 minutes 33 seconds West 34.28~feet; thence Southeasterly 166.44 feet along an arc to the left and having a radius of 210.00 feet and subtended by a long chord having a bearing of South 22 degrees 20 minutes 47 seconds East and a length of 162.12 feet; thence southeasterly 314.04 feet along an arc to the left and having a radius of 400.00 feet and subtended by a long chord having a bearing South-67 degrees 3.2 minutes 42 seconds East_and a length of 306.11 feet; thence South 80 feet to the point of beginning, containing 0.951 acres more or less. Said tract of land is subject to sanitary sewer and storm drainage easements of record. (4) The engineering design work for Realigned Old Cleveland Road, Phase I (Section 3) consisting of preliminary engineering design, final construction drawings, preparation of specifications and bid packets and appurtenant work, all of such engineering work for public improvements to be made on the following described real estate acquired or to be acquired by the Authority: • -3- \rlhill\sLhbnd\airport\general\tazexemp.b;tmg;12-13-90; REALIGNED OLD CLEVELAND ROAD, PHASE I (SECTION 3) DESCRIPTION An 80 foot wide parcel of-land located in the Southeast Quarter (SE1/4) of Section Nineteen (19), the Southwest Quarter (SWl/4) of Section Twenty (20), the Northwest Quarter (NWl/4} of Section Twenty Nine (29}, and the- Northeast Quarter (NE1/4) o-f Section Thirty (30) all in Township Thirty Eight (38) North, Range Two (2) East and all being in German Township, St. Joseph_County, the centerline of which is described as follows:- Commencing at the southeast corner of the Southwest Quarter (SW1/4 ) of said Section Twenty (2o);.thence West,-along the south line bf~ said Southwest- Quarter (SW1/4); also .being. the approximate centerline of a public road, known as old Cleveland Road, a distance of 3000.00 feet to the Point of Beginning of the centerline of this description; thence East, along said south line of the Southwest Quarter (SW1/4) also known as the approximate centerline of Old Cleveland Road, a distance of 270.00 feet tb the point of curvature of a tangent curve to the left, said curve having a radius of 800.00 feet and an internal angle of 90° 00' 00"; thence along said curve, Easterly, Northeasterly and Northerly an are length of 1256.64 feet to the point of tangency of said curve; thence North, parallel with the east line of said Southwest Quarter (SW1/4) a distance of 560.00 feet to the point of curvature of a tangent curve to the right, said curve having a radius of °,'' 800.00 feet and an internal angle of 90 ° 00' 00" ; thence along said curve, Northerly, Northeasterly and Easterly an arc length of 1256.64 feet to the point of tangency of said curve, thence East, parallel with the south line of said Southwest Quarter (SWl/4} a distance of 1130.00 feet to the intersection with the centerline of a public road, known as Mayflower Road, said intersection being the Point of Terminus of the centerline of said 80 foot wide parcel. Said parcel description excepting out .any existing public rights of way .and being subject to -all--~-existing easements and leases of public record. (5) The engineering design work for Realigned Old Cleveland Road, Phase II (Section 4) consisting of preliminary engineering design, final construction drawings, preparation of specifications and bid packets and appurtenant work, all of such engineering work for public improvements to be made on the following described real estate acquired or to be acquired by the Authority: • \ti}i111\athbnd\eirport\general\texex emp,b;tmg;12-13-90; ~~ REALIGNED OLD CLEVELAND ROAD, PHASE II (SECTION 4) _. - DESCRIPTION An 80-foot wide parcel' of land located in the Southeast Quarter (SE1/4) of Section Twenty (20), the Southwest Quarter (SW1/4) of Section Twenty One (21), and the Northwest Quarter. (NW1/4) of Section Twenty Eight (28} all in Township Thirty Eight(38) North, Range Two (2}- East and all being in German Township, St. Jos-eph County, the centerline of -which is described as follows: - Commencing at the Southwest corner of the Southeast Quarter (SE1/4) - of said Section Twenty (20);-thence North, along the east line of said Southwest Quarter (SW1/4), -also .being. the approximate centerline of a public road, known as Mayflower Road, a distance of 2160.00 feet to the Point of Beginning of the centerline of this description; thence East, parallel with the south line of said Southeast Quarter (SE1/4), a distance of 1580.47 feet to the-point of curvature of a tangent curve to the right, said curve having a radius of 800.00 feet and an internal angle of 66° 00' 00"; thence Easterly and Southeasterly along a curve an arc length of 921.53 feet to the point of tangency of said curve; thence Southeasterly along the projected forward tangent of the previously described curve a distance of 1325.35 feet to the point of curvature of a ent curve to the left, said curve having a radius of 800.00 and an internal angle of 66° 00' 00"; thence along said curve ..~.theasterly and Easterly an arc length of 921.53 feet to the point of tangency of said curve also being the Point of Terminus of the centerline of said 80-foot wide parcel. Said parcel description excepting out any existing public rights of way and being subject to all existing easements and leases of public . record. (6) The engineering design work for Old Cleveland Road From Mayflower Road To The Industrial Park (Sect-ion 5) consisting of preliminary engineering design, final construction drawings, preparation of specifications and bid. packets and appurtenant work, all of such engineering work for public improvements to be made on the. following described real estate acquired or to be acquired by the Authority: OLD CLEVELAND ROAD FROM MAYFLOWER ROAD TO THE INDUSTRIAL PARK (SECTION 5) DESCRIPTION An 80-foot wide parcel of land located in the South Half (51/2) of -5- \tlhill\sChbnd\eirport\8enerel\tazezemp.b;tmg;12-13-90; Section Twenty One (21) and the North Half (Nl/2) of Section Twenty ' ht (28) all in Township Thirty-Eight (38) North, Range Two (2) t and all being. in German Township, St. Joseph County, the .lterline of which is described as follows: Commencing at the southwest corner of the~Southeast Quarter (SE1/4) of Section Twenty (20), Township Thirty Eight_(38) North, Range Two (2) East, also being the approximate intersection-of a~north-south public road, known as Mayflower Road and an east-west public road known as Old Cleveland Road; thence East along the south line of said South Half (S1/2) of Section Twenty (20) and the south line of said South Half (S1/2) of Section Twenty One (2Z), also being the approximate. centerline of said Old Cleveland Road a distance bf 3681.22 feet to the Point of Beginning of the centerline of this description; thence continuing along-said approximate centerline of Old Cleveland Road,•also being the south Line of said South Half (S1/2)• of •Se~ction Twenty One (21) , a distance of 2130.00 feet to the Point of Terminus of the centerline of said 80-foot wide parcel. Said parcel description excepting out any existing public rights of way and being subject_ to all existing easements and leases of public record. • -5- •ii11\sthbnd\elrport\general\Lasezemp.b;tmg;12-13-90; L f a t • ~!!l,.,..c. ~. ~~.s.. . n„c:, j ~«3U49~.~ ~ '~'` ~'• ~ - ~ k SECOND ADDF3~tDUM ~o LEASE ~f9 ~6 iii ,~o d~ `~3 ' ~ St}UTti BEND REQEVEI~OFMEliT A~3THQRITY ~O ?, .~ ! SQUTH HERD REDEVELUPM£N!' COMFSISSYON r ~ f1 i ~~,, ~ ~ ' (Airport Economic Development Area ,~ Public Improvement Project and ~ '~ y ~+ Taxable- improvement project) z THIS SECOND ADDENDUM, made and entered onto this 5th day of February, 193, by and between the South Rend Redevelopment Authority, a body corporate and politic otgan~.zed and existing under Indiana CodA 3£r-7-14.5 thereinafter with its successors and assigns referred to as the "Authority'}, and the South send Redevelopment Cissior., the governing body of the South Bend Department of Redevelo~xnent and the Redevelopme;tt nistrict of South Bend, Indiana (hereina€ter called the "Lessen"}. WITt~RSS ETf3 In consideratit~n of the mutual covenants herein contained it is agreed that the Lease (Airport Econam~.o De~,e7.cp;nent Ar~r~ ~•,iblwc Improvement Project and Taxable Improvement Protect} previously entered into between said parties as o€ the first day of August,. 1994, as amended and restated on December 1, 1990, shall }~ further amended as €ollews: 1. Section 2 of the Lease shall be and i~ereby is amended to read a; fol,lvws; Section ~. Lease, of Pra ect. In consideration of the rentals and other terms and conditions herein specified the Authority does hereby lease, demise and Set to the Lessee the Project; fid HAVE AND To f;JI.D the same with all rights, privileges, easements and appurtenances thereunto belonging. unto the Lessee for a term beginning on the date of execution of this Lease, and ending on tt~e day prior to such date twenty-two {22} years thereafter. However, the term o€ this Lease shall terminate at the earlier of ia} the exers;ise of the option to purchase by Lessee and payment of the aptic~n price, ar (b} the payment nr defeasarce of all obligations of LeSSOr incurred (i.p to finance the cast of the leased property, {ii} to refund such ehligations, (ifi) to refund such re€undinq obligations, or (Iva to improve the leased property. The dates the Tax-Exempt Project and the Taxable project are 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 EXHIBIT I~ • done after such completion dates and such endorsement shall be retarded as an addendum to this .ease. The Authority hereby represents that it i.s possessed of , or will acquire, a goad and. indefeasible estate in fee simple or an insurable right-af-way easement subject, only to Perm~.tted Encumbrances, to the above-described real estate, and the Authority warrants and will. defend the same against all clafms whatsoever not suffered or cawed by the acts ar omissions of the Lessee. 2. Section 14 of the ,ease is amended by deleting the entire text bf said Section 14 and substituting the €ollowing as the text of Section 14; SeCtign 1.4. ~ptiOFi to Purchase. {a1 Tax Exempt Pra~ect. The Authority Hereby grants to ~ the Lessee the right and option, on are~- rental, payment date, upon thirty days' written notice to the ~-uthority, to purchase the Tax-Exempt Pko~ect at a price equal to the amount zequired to enable the Authority to provide for the redemption of all autsta~,di.nq Tax-Exempt Bonds, all premiums gayabie on the redemption thereof, and accrued and unpaid interest thereon, and to pay the cost of redeeming the Tax-Exempt Harid$ and liquidating the Authority i€ it is to be liquidated. If the Lessee exercise it option to putrchase the Tax-;dxemgt Project, the Lessee shall pay to the Trustee that portion of the purchase price which is required to provide far the payment a€ all Tax-Exempt Bonds, including all premiums payable an the redemption thereof, accrued and unpaid interest thereon and costs of redemption thereof. Such payment shall Hat be made until the Trustee gives the Lessee a written statement that such amount will be sufficient tq retire all Tax-Exempt Bonds including all premiums payable ot~ the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be pai$ by the Lessee to the Authority. {h) Taxable Pra~ect. The Authority hereby grants to the E,essee the right and option, an any rental gaymes~t date, upon thirty days` written native to the Autfs~."ity, to gurahase all a€ a part o€ the Taxable riro~ect. If the Lessee deterrni.nes to purchase all of the Taxable Project, the purchase gricQ shall equal the amount required to enable they Authority to provide far the iedernptiot7 s~f akl outstanding Tax~Exc~pt Bonds, all. prernrums payable on the redemption thereof, and accrued and unpa~.d ~.oterest thereon, and to pay the cost of zedeemirtg the Tax-Exesupt 3onds one ,.. ,. ..,. .. ,, .: ,. Z I ~. ~.iquida::tr;q the Authority if it is to to l~quidate~'. The ~.essee sha$1 pay tc the Trustee that portion of the purchase price •.Eich fs required ~a grovlde far the payment of all flax-Exernpr Bonds, including all premiums payable on the redempti.or~ thereof , accrued and unpaid interest thereon and costs of redemption thereof. Such payment shall not be made until the Trustee gives the Lessee a written statement that such amount will, 3~ sufficient tQ retire ai.l Tax~Exetapt Bonds including al.l premlunts payable eri the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, i€ ar~y, shall be paid by the Lessee to the Authority. I€ the Lessee determines t4 purchase a part of the Taxable Project, the purchase price shall be equal to the amount determined by the Authority to be required to redeem a corresponding amount of the outstanding Taxable Bands, including all premiums payable cep the redemption thereof, accrued and unpaid interest thereon and the casts o€ redemption thereof. The Lessee s3~a11 pay to the Trustee that portion of the purchase price which is required to provide far the payment cif the amount of the Taxable Bonds identifying by the Authority including all pretnituns payable an the redemption thereof, accrued and unpaid interest thereon and the casts of redemption thereof. such payment sh$11 riot be made until the Trustee gives to the Lessee a written staterc~nt that such amount sha3.1 be sufficient to retire the amount of Taxable Eonds identified by the Authc-ri.ty including sll grerniams on the redemption therea€ ind accru~ci and unpaid interest. The remaitlder of the purchase price, if any, shaall be paid by the Lessee to the Authority. Upon request to the Lessee, the Authority agreets tcs furnish an itemized statement setting forth the amounts required to be paid by the Lessee an the next rental payme~it date in order to purchase the Tax-Exempt Project andJor all ctr a part of the Taxable Pxaject in accordance with the preceding paragraphs. Nothing herein contained sha~.l be construed to provide that the Lessee shall be under any obligation to purchase the Projects, or under any obligation in respect to arty creditors ar bondholders of the Authority. If the LesseC has not exercised its op~:ian to purchase the '£ax-Exempt Project [sr has not exercised ii.s option to purchase all flr part of the Taxable Project, at the expization of the term o€ the Lease and upon the full discharge and perfarnaance by the Lessee of its abli.gatfons under • -~ thi:~ Lease, tt~e At~khority shall. exS~cute a decd of the Ts .~-Exempt Project ~.;d a~ 1 r~r t i~F~ rem~~i~~f t-q psr t of the fiaxab ie Pxa ject tcs the Lessee conveying good acid merchantable title thereto, subject only t~ the Fermitt~d Encumbrances. 3. ~xhibic a tca the Lease - Taxab~.e Project pescrfpti~on be and hereby fs antanded by arnendin~ thy: scope of the work tct performed under (1) of Exhibit R to protride as fcsllvws: (i~ The engineering design of :3orthwe8t Lamp Improvements in the City of south Hand cc~nsist{.ng o€ the dasign ri€ approX~.matexy 1140 li~-ear feet of t~-Shaped roadu$y separated by a 12t} foot grassed. median l.aGated a~,rang the new alignment of dX~i Cleveland Roads tthe aueral~. width to be 90'-~" fxam hack o€ curb to bat;k of aucb and the proposed cur~- and gutter sectivh is 2"-~" with a curb hei4ht of B inches), lighting, extension ref water and sewer lines and appurtenant work, all Qf such construction and related improvements ~rhen made, tv be made an the fe'~lowing described read. estate acquired ar to tae aaqu{.red by the ~uthv~rity: - shall tse w#.th t1~:e northwest LQOp Description contained at (1} of Exhibit R to remain unchanged, 4. E~•hibit B to the Lease -- Taxable Project Description - shall be and hereby is amended by adding four {4) additional parcels of ~l.and and any improvements thereon situated in St. Joseph Cc:untY, Indl~ana, and needed in connection with .veal. Public improvem~rts tca Sae constructed in the Airport Economic Devel.vgment Area, to t~} cf Exhfb~,t B which shall ~ added as paragraph {ley, ~rhich shall read as follows fk,} (1} Lot 5 - A parcel of land in the Northeast Quarter a€ Section ~i, Township 38 Mvrth, P.ange 2 Fast, German Township, 5t. Joseph County, Indiana, and described as .being i,Qt 5 4f the Tell Ftaad Industr~.ai park - Section 'ihree, recorded under ~,nstrwmettt number 8T17~04, dated June ~, 1987 at the office of the Recorder of St « ,~aseph Cr~unty, Indiana, and ~-t~ntaining 2.3&34 acres, mare or Tess, and is subject to a~.~. easements, restrictions and covenants o€ xecvr~d. {2} got it - A parcel of land in the Northeast +~uarter of Section ~1, Township 38 Nc+rth, range 2 Eastr German Tour~ship, St. Joseph ~ounty, Indiana, and described as being tot ll. ref Tall Road Industr~.al Park - Sectifln S, as recorded under instrument number ~gQSS'7U, -dated ApriX 7, 1~3~9, at the g€f ice c~€ the Recorder of St. .7oseph Gflt~nty, I~tdiar~a, and containing 3.'178 acres. mare qr less. and is subject to all eaS~neFitS, restrictions. and covenants of record. • -4- {3} I,at 15 ~ A parcel of land in the Northeast Quarter of Section 21, Township 38 North, Range ~ East, Uerman 'Township, St. Joseph County, Indiana., and described as being Lot 15 of Tall Road Industrial Fark - Sectia.* 6, as recorded under instrument number 890r5a0, dated Apra2 13, I9$9, at the office t~f the Recorder of ~t. Joseeph County, Indiana, and containing 14.683 acres, more ar 7.ess, and is subject to a17. easements, restrictions and covenants o€ .record. {qy [,ot i8B - A pdrCel of land io the Northeast Quarter of section ~1, Township 38 North, R$ngE 2 East. German Township, .St. Joseph County, Indiana, and deseri3~ed as being Lot 188 of Gainey's Replat of I.ot 20 - Section One ~:nd t,ot 18 - Section 6 0€ the Ta13 Raad Industrial Park, aF recvzded undex instr~nt nunt~er 9023253, dated ocrober 15, 1990, at the kfffce of the Retarder of St Joseph County, Indiana, and aQritairt~ng 33.1433 acres, ~m:re ar loss, and is subject to alX vasei:sents, zesttiictions and caveraats of reeQrd. 44~ 5. Exhibit C to the Lease - Tax Exempt Pra~ect Description - t shall be and hereby is amended by dzletinq the description, under (~1 } of &~chxhit G, the SrickfHPw Cleveland Aoad canstruction,as one of the { items of which the 9ra3eat consists, and substituting at {~l of ~ti Exhibit C, the fvila~wiraq: ( 2 } The cor-struct~.4~a of 4ualfty Drive Rc-ad Tmgravemsnts :n the City of South Bend consisting of the constru;.tivn of a~,5rox:~tptiy lOtl~? linear feet a" roadaa• ternti,~atiitg in a col de sac. Th.e -right of Way to be sixty feet {60'} wide, melting Che City .a€ Svttth Band standard far a "Collector" street:. Pavement to b+~ thirty-six feet ( 3S' } back tv bank of curb. The pa4ement wf ll ~ conct-etc, Tr~~`ic lare~ for acc4leration and deceleration of entering and exiting vehicles to be constructed at Quality Drive'c intersection with Brick Qoad. Storm sewers to be constructed to drain ttte roadway to a nas~ural de~irESSion near the north end or the ro~$way. Extet~sivtl cif water lines and appurtenant work, all suot- construetivrt and related improvements to be made vn the following c`escribcd real estate acquired or tL be acquired Y~y the Authcci~y: Q[IALITY DRIVE pQAD DES4riI~TIOH Sixty feat right- ~.-way in Lottdtnax~. Business Park in the North half cif Section 19, Tawt.~hip ~8 North, Range 2 Bast, Czty of South Bend, Gc~^~a:~ Township, St. Joseph County, Indiana as reeot-c.--d finder instrument num~r °"_382~i., da.*_ed ©cto~bet- s=' 1952, 1.n the Office .,f the Retarder, St. Joseph r`ounty, Indiana, ~~- 5. Exhibit C ~-o the t~csGe - Tax Exempt Project bescript#ots - ss:a~ }. be and hereby i:.~ amended by adding an additional item to the .list cif items of which the rirojeck co~ists, pa.ragaraph { 5. ~} .which shall read as follo~rs • t X5.1} The engineering design work for Redesigned Realig~ted 41d ClevcZand Rflad, phase Il is~cctian 4j cansi.sting of preliminary engineering design, f~.nal construction drawings, preparatiflA of specifications and hid packets and appurtenant work, alx such engir:eerinc~ work fgr public impioveineAts to be made ors the falltr,~ing described real estate acquired or to be acquired key the Authorft~*: Ft~.DESIGKSI] RE~hYGNEI] (33,Ia CI,EV£I~l+i'D fit7AD pZiASE II (S$CTfO~ 4} D~'SCRIPTiCcH: A pact of «he Southeast Quarter' {SE 1~4) of section 20, tYte South Half tS 1~2~ of Section 21, and the Northeast Quarter (NE 1J4} a£ Section 28r Township 3$ No~eth, Range 2 ~;ast, Gerenart Township, St. Joseph County, Indiana, and more pa~.rtlcularly described as falloti,rs: Camaenci.nq at the 5outhwcst currier of the southeast Quarter (sE .i14} of section 20i thence Korth Ot}*19'S3" ~fe$t, along the Nest line of said Quarter Section, 2135.UQ €eeti; the:tce Hart~i B9.4a'~7" East 7$.50 feet to the True Paint of aeginning of this descriptions thence Netth 00°19`53" Best 4b.0(! feet; thence North $9'dQ`a7" cast 1.85.91 fCet to tho paint of auxvature of a tangent curve to the r~.ght having a~ radius 4f 1644. U0 ~Eeet, and a centzal angle e£ 3t~°19' X15"; thence southerly and easterly clan} said curve 868.13 feet, thence South 60'{}U' ~7" East 3378.29 feat tai the pa~.nt of curvatuxe of a. tangent curve to left, having a radius of 1560.UU fact and a cettt-ral angle of 30°38'47"; thence southerly and easterly along said curve 834.41 f _e t; thence Korth F39'21`06" East parailel to the South Tina of the Southeast +Quazter iS~; ll4) of Section 21, 286.57 feet to the East line of the prtrpeYty described as Pax+eel I ctf Deed Retard T$1a352, recorded the 25th day of August, 1978f of thG Recprds of St. Joseph C4urtt•~, xndiana; thence South 00.3$`54" East clang saxc~ line, 46.4a feet, t4 the sfluth line of said Section 21; thence South 89~21.'Ob" West, clang the 5auth line of said Section 21, 501.00 feet tv the best line of Airport industrial Park, Phase IV thenc,c South 00°38'54" East atlong said ling, 20.00 fact to the south Right-of-I+iay +~f Uld Cl.cveland Road; thence souttx 59'21.' Ob" nest alaQg said Right-of-kay -8_ .,. ~ .. 3Z9~.40 feet to tha Nest line of the Northeast Quarter ik~u 114? of Section 2$; thence South 89'22'17" West along said Right~of-Kay 245.U4 feet; thence North OU'37'43" test 166.63 feet to the paint of curvature of a curve to the right havl.ng a radius of 2b44.Q4 feet a chord bearing t~r~rth 61 ° 45' 4a" Nast. and a chord length of 104.45 feet; thenoe northerly acid westerly alc;ng said curve 1UU.47 feet; thence Korth fi4'40'Q7" West 3378.29 feet. to the p+dint gf curvature o£ a tangent curve to the left having a radius of k5b4.{}0 feet, anal a central angle of 3p•19`45"; thence northerly and westerly alone said curve i 825.7$ fCet~ the~-ce Sot.;tY; 89x+{4'07" west; 1185.91 feet; thence Nartt~ (14x19' 5~" Rost 40.44 feet tc~ ~ the Point of Bcg.i~inir;g. Contait;.iing 12.48 acres, { more ar less. 7. L.Xhibit C to the Lease - 'fax--Exetr~pt Prt~ jest Dasoriptian - sha~l.l be and fieraby is arnendcd by adding a~n additional. rtam to thQ list of items pf which th+e Project consists, paxagragh (7) which shall read as €olicx~ts: 1 (7) The engineering des~:gn work for the Sludgy ~ Farm Access Raad acnsist:i;tg o€ preli.miha.ry engineering design, final construction drawings, greparatiort of specifioat}.ons and bid packets and appurtenant work, all such engineering work for public improvements tta be tnado, when made, on the tallawS.ng described zeal estate acquired ox to bo acquired by the ~luthos ity: SLtII~L FARM ACCESS LtO.~D A paracl of land, located in the south half is LJ2) o£ thc~ Southkest Quarter {SW !/4a of Section 21,, and the. North Half ~N 11~} of the Northwest Quarter {ll~) of Section 28, Township 38 North,. Range 2 salt, Carman 'Taanship, St. ~aseph eoturty, Indiana, and more particularly described as follrnrs: Camntertcinc3 at the South~st Corner of Section 21; thence North 89°22'Z7" East 1351.22 feet; thence South 44'3?'43" Last 24.4a to the South Etight-ofµNay o€ 4id C1PVeland Aoad and the Truc Point of Beginning of this description; thence South 89.22'1'7" West, parallel to the North line of the Northeast ~uartcr (tt8 lf4) of Section 28, 30.4Q feet; thence Barth 4Q"37'43" west 55.00 feet to the point of curvature of a tangent curve to the right, having a rddit;s of I347.~1 fact and a central angle of 3b°37'37"; thence northerly and easterly a]vng said curve 698.81 feet to the South Right-vf-way of 1:~`. Jdy tiimts Parkway {L1ikT~); • ~- tnencc South b4°00'07'' East along said Riclht-of-W~ty, 6b.t14 foot to the point of curvature of a curve to the loft, having a radius of 1247.31 feet, a chord k~arlt:q pf. South 14.41'b~".West .end a chord length of 63.82 fect~ thence southerly a~:d westerly alt:ag said curve 56.73 feet; thetkce South 00.37`43" East SS.bb feet to the South itight~of-Way of dlci Glevoland Raadt thence South $9.22' 17'' West, paral.~.el tc~ the North ].ice of said ~ quarter section, 30.f-t} feet to the Faint of Seginni.ng. car+tair~.ug 1.U2 acres, maze or les$. 1 and also A parcel of land, located in the South half (S 1I2) 4f the Sauthwnst Quarter t Sw 3.I4 } of Sect).on 21., and the North Half tN 1/2) of tha Northwest Q+.:arter t 1141 t:f Sectl.an 2B, Township 38 North, Range 2 Eatsk, German Trnmship, St. Joseph County. Indiana, and more particularly desarit~ed as follows: Cotnnencing dt the Sout:~~st~ caxndr oi: Section 21; thence North 89.22'17" East along the South line of said Sacti~ort 21, 1381, 22 feet to ~e East kind of the above-described parcel and the Truc point of eeginn~.ng of this tiescriptit~n; thence South i 00.37'd3" East 20.t}b feet; thence North B9.22'k7" ' East, parallel to tho South limo of said Section 21, 82.05 feet to the point of curvature of a tangent curve to the left, having a radius of 60. bb feet and a aentra]. 2tngle of 24p •~b' (t0"; thence bega.nn>`nq northerly and easterly alartg said curve 251.33 foot to the point of curvature of a tangent curve to the right, haying a radius of 100.04 f+~et and a central angle of 5t}*00'OQ"r .thence southerly and ~r~esterly along said curve 104.72 fcet~ th~.nce South 89.22'1.7" West, parallel to the South line of said Section 2i, 686.49 feet= thanes South Ott°37'43" East, along the East lino Qf the arbove-desGxiEyed parcel, 20.Ob feet to the point of ?3eginnirtq. Goatc~:xsug 1.4 acres, mare or loss. 8. 'ifie parties ho~rr-.to acknawl.cdge that a~11 rernai~nlnc3 Corms, cavenar-ts, artd conditivt~s as set forth in the 1<ease betr~teen the parties hereto and executed as of the first day of huqust, 1984, shall rain in full fQYCe cad effcnt. r~ xti S~tTttESS WHER80~, the parties hezeta have caused this Secaad Addendum to L.eaSE to b~ executed for and ou th~:ir behalf as the day and year first hcreive written. SOIFTI~ BEND F~Bi7~V~t1P[+~E~'T Al~`i'fi8R17'Y lrt,~ By: A T: Jas b c.:f~wski, President ~~ L~nald Fewcll, Secretary • ATTEST• ~r , r Theo F. p, Seer ary STATE OF II~DI at~i~ y SS: ~oirtrrx o~ s~. Jos~~ ~ S+~[1Ti3 $E~IJ ~.EDE,YF}~OP$F3i'~ CU[~IISY SSION Paula N. 1~uburtt, Pr~sidaJ4t $e~a=e me, the undersigned, a tiatary Public i~ an~.fflr said State. personr~liy appeared Joseph Nrc~blevslci and Donald Fe~~ll, personally kn~n by me to be the President and Secrctt:ty, respective~.Y, of the South Bend Redevelopment ~-utharity, ana acxcncwledged fhe excettt.ca of the foregoing Secatxd Addetu~.uax tc~ f.,easa far anti on behalf of said Author#.ty. WI~'NSSS my hand and ~totarial Seal this _5 ~~ day of ~ ~ r' ~ ~ ~ , 1483. 4~,5 ry ..;,~~ ey • t ~ t ~' p t t'" _ ~~~ expires: f "~_ ' I dm a r4Si~~I1t of St. Joseph Cflunty, Inds,aaa. L. ~c << f lj~i ~- ~ ; twr ttcn signatuxel tPr~.ated sigAaturea _g.. f 1 7i 1 i i ~` 3 a r } :~ s~ t T • t ..4~~ ~ ~ .. i ~ ~ t STATE aF X2iDIANA } j SS: CQUN`I'Y' OF ST`. ~L7SF.$8 ) Before tie, the wydersigned, a. Hatary F'u-biic .~n and for said State, personally al~Fear'ed Fauia N. Auburn arrtt Thos A, sha.rp~ pcrsonally known by tac to be the P~resident and Secrctar}*, respectively, of the South Bend RedeveYvpmant Cornnissiori, and a~;kno~rledged the execution of the faregaa~aq S+eco~ul xddeadum tt~ Leap fc~r and sin rieha.if of said Cacmission Wx7'NPSS toy hasfd and Notarial. Seal this r! f• day of y~t ~ r < . 1g~3. s ~ ~ •ar.knlyr . ~~ ~_ ~ '. f., -n : 4~ f 3s ` j X ~( Y r { ~ ! • tt~ritteu 'iguatuxe) ( f~c ~' Sit !- _ ~f/~r`t~' - (Printed Sign,aturc} ~~, res Y aka a resi3eat of St. Josegh County, xadia~xa. 'ifiis instrtuAerit Was pxcpared by ,Ten~y 1~~,tts Mar-icx, Chief hssist~t City Attorney, 1404 Gra~.nty~Ci.ty auiYding, South ~.nd, IH 46641.. ~P~s1RESOZI~-~xa~o _lq_ l <~ . `*, , '{~ . - . s . ~~~. i `` ~~ ~~ -, ~.r: t~ ~~ ss~zs~ n~DE3tD'JM Tt7 :+EAiE ~ i St?tFTt3 HEND R8~7Ei~ELOPMEH`P AUxHO1~ITY T(3 SCwI}~'H BE3iD REDEV$LOPHE3i'~ COMMISSIOi~t , {Airport Economic Develaptnent Area ~ , '~aacabl.e Iraprc~veinent Project} ~ • ~~ THIS ADDEliAUFl, made and entered into this 16th day of 3uly, 1993, by ,r, and between the South Bend Ttedevelopment Authority, a body corporate and ~' politic organized and existittq under Indiana Code 3b-714.5 ihereinaftar -~. with its successors and assigns referred to as the "Authority"}, and the south Bend RedEVelop~rerit Cotimissian. the governing body of the south Bend ,4 Department of Ftedeveio~xnent and the Redevelopment District of South Bend, _. Indiana (hereinafter ~callcd the "Lessee"y. ~'-•~ WI'i'N$SSET'H In consideration of the mutual covenants herein contained it is •% agreed that the Lease (Aixport Economic Developrnont Area Taxable Improvement Project) previau4ly entered into between said parties as of ;, the first day of August, 1940, as amended and restated dated as Qf August a~ 1, 1990, 3A furthex arnend~d by Addendum dated as of ,7anuary 29, 1991, as ~ti. f+xrther amended b7t addendum dated #'ebrudry 5, 1993, and as further amended „ by addendum dated ~Fuly 16, 1993, shall be further amended as follows: ~~~ 1. Exhibit B to the Lease - Taxably I~roject Description - shal], be and hereby is amended by adding Qno {1} additional parcel of land and any _~~ improvements thereon situated in St. Joseph County, Indiana, and needed in s, connection Kith local public improvements tc~ be constructed in the Airport ~'~t Economic Dcvela~nent Area, to { 2 } bf Exhibit B which shall be added as paragraph (l~, which. shall read as follaurs: '-~~, A part of the West Hal# of the Sautkseast Quarter of ~ ~. Section 19, Township 3$ North, Range 2 '3ast,. S%. d; Joseph County, Indiana, described as foiiawa: 'r Beginning} on the west line of said quarter section North 0 degrees 57 minutos 33 seconds West 1,176=34 ; " feet from the southwest corner of said quartex c section; thence North 0 dsgreos 57 minutos 33 seconds west I,~55.~2 feet along said west line to the ~'R northwest corner of said darter sectiat~; thence North ~~ 89 degrees 39 minutes 34 secaads East 647.4$ feat along the not~th line of said quarter section to the ' west boundary of U,S. 31 Bypass; thence South 2 degrees 38 minutes 37 seconds East 944.90 Poet {903.33 feet by Cause Lta. F-2917 of the $t . ,Foseph County Gixcuit Court} along t31e boundary of said U,S. 3i Bypass] thence South 0 degrees 17 minutes 04 seconds $ast 279.54 feet alnnq said boundary; thence south 89 degrees 43 minutes 44 seconds West 169.00 feQt along said boundary; thence xorth 89 degrees 54 minutos 29 EXHIBIT a l~ it J v r'. r ~ t _S+ ~`4 y'` ~~ ~ ,~ ~ r~ ' i ~'~ • ~ ~• • ~•11s ra ~y L ~ ' -~ ~.~_~~ r ` ~~ , ~~~'1 ._ ~„ }~ e1 ,r rT ,- ~. .r ~ s as~~'~ ". ,~ ,`s .4 . .. ` ;~ti ,; ~'R`~ i.' ~~~ - r' " .. ~,~ :- - _7 ~~y , „~~ 7~T{~ ~ ~~~~ r `I ~,~, r? ~ ~' T , t~,R~' •, KYf' ~ ~ `v r ~,'{ ;~ , J ~_ ,~ `~ -~ • }T '~_~` f+ ti5 ~ t;f 1~ i r~4~ t'~ ~ J ~ ~ 'r 1'a 1 .. f r r r F`. +rti w r... 1 seconds Nest 19.31 feet ~tleng said boundary thence Sau.th 38 degrees 03 minutes 26 seconds test 349.1:3 feet slang said boundary thence south 89 degrees 43 minutes OS} seconds west 88. b9 feet to the point of besinning and containing 19,20 acres, rmare or less. 2 , 'i't~e parties hereto acknca~rlsdge that all remaining terms, a4venants, and conditions as set Barth in the Lease between the parties hereto and executed as of the first day o~ Aigust, 1930, shall remain its £u3.1 farce and ~ffeat. iN t~fTNSSS t~i1~~7R', the parties horc~t,a have caused this Addendum to Lease to be executed for and on thoir behalf on the day anti yeax first taereinabe~vq written. SU >38ND REDL'Y~iAPt~liT A11THt7R1fiY gyp ,7o h oD ew ,Ares es-t A T; #~nald Fe+ae 1, Secretary-Treasurer souTx sv~,og t~assl4rt Pau a H. Auburn, Pros dent ~ Y ra ~S Th P. Spar , `Se~cr xy ~ Y ~ ~ ~ ~ti STATE O>< IHI7IAHA 3 ac ~ s ~' C~UtiTY 4F ~`~ ,~CSe~~ ~ $$ : j p ~ o' Before me, the undersigned, a Rotary Public in and for said state, gersopally appeared .7oseph ~troblewski and L~vnald Fewe3.1, pcxsanally known by the t4 tee the Fresideat and Secretary-Treasuxer, zespectively, of the Saut~'~ Bend Redeveloptz-ent J~uthaxity, and acknowledged the execution of the foregoing ~lddendura to Lassa far and on half of said Authc-ri.ty. L • ,~ . ~~. ~.. i~ R~ ( ~ .. s r4s / . " t` c. x ~ ~r 4 t ~ ~. ~• ~ ~ R. t ~~ ~ Iwrsi •b' .- ~11~~fi v.~.(~ 1993. Expires: ~~ch . c ~' a ~ ~,, (Written gnature ~r.~ 5~c. k ~fI f~f S (Priatcd S gaat~ure ~ i ara a r sidant of Grp GOUaty, Indiana. sxA~E o~ ztrozAxA ) Before me, the undersigned, a Notary Public in and for said State, personally appeared Rama ft. Auburn and Theo A. Sharp, personally kno~,an by r,~ to be the President and Secretary, respeet~.veiy, of the South Bend Redevelopment Gan~niasiat~, and acknaWledged the exeautian of the foregoing Addendsua to lease for and an behalf of said Casrmissioa 1~YTN&SS uty frond and Hatarfal Seai this G~~,. day of ~ l . 1993. ! J ~' ~D~ ~ }~+~ I (~t~t~eA S~gndt~~' ~. 4 ~ U ."~- --~ et"; ~~r' ~ r ~ Printed S gaature) ~i~in expires: Y am a resident of ~i t~,~ County, xadiana. This inatruraent was prepared by ~Enny Pitts Monier, Chief A~ssistamt City Jlttaraeyr 14Q4 Gou~:ty-city Auiidiag, South fiend, IN 4bb~}1. RBSD~ 4T#i~IID. 2 wlxxE~s my hand and Z~atari:al Seai this ~ ~'~~- day of ~ <<~ . (] r/r !:\~. bi t I i a t ' ~. t Yj• ~`.`r/ Y V ~ • 4r • ~`; ~.~ I! r ~ +3 i ~' j f -j L'•IGN`l'Il AUUI,NDt)14i'1'O Ai14ENUL't~ AND iZI;S~I'A'l'1ill [.L"AS}: I31:"i WEi1:N 1-11E St)ti"fH 81;Nll Ii.L;pLVI:LC}I'MLN"1' AU~~I~{d~I'i'Y ANU 5t>U1'!! l3i:Nl~ Risl)LVL'LOI'Nif;N-i' C;UMIti4ISSlUN llATLD AS U!~ AUGUST' 1, 1990 .`!'his Addcndw~t is entered into this f1 `~`"daY of -.-: 1998 by and lxt~ycets tltc: South Bend ltcdcvclopnzcnt Authority (Authcrrityj and the Souilt 13ctui ltulcvclopttu:nt Ccxntxussion {CortZtnissiatt) 1VI"l~NLSSL'1'13: ~~+, In consideration of tlxc mutual co.•enastty iticrcin contains:d it is agre~:cl by the Authority -~ atzd el:t' Cotntttis~ictn that the At}wended astd Restated lease prcviflusly ente n atnctd~~~r~;Tiaus l3ettiveen swirl parties as of the 1st d.iy vF August, 1940, as the sett;c has bee P to the date hereof {Lease), shall he and her~:by is amended to delete from tltc dcsc:[ipiiaa of the 1'raject, the fallowing ds:sc:rilxcl r+:."il e:statr loc:atrd in St. Jos~:ph County: g i 1'ARCL'L, 1: Apart of Lot 4 of 13lackthartt Corporate UI'liec Park t,Iasc~ ti txinn ty Rei.orctertI~tcli:tnartxing in as itts+.swncttt numfx=r 9K2574G is tht oflicc of the St p the narth«'rst aftd sc3uih«cst clttariers al Section ZO attd the: ~~~rtltcast ar~d '~~uthe•:.`t rilta!rtc~rti of srctiott 14, "1'a~vnsltip i$ north, range 2 cast, ticrntan "I'otivnsltip. City of South 13rnd, 5t. Joseph County, [ndia~ta, being nior4 p:uticulariy cicscrilx:d as I'oila~vs: ('on}mcnLinb at the south~vcst corner oftlu sa` of 49.67 tint to tt c n rth right-at t~vay liar of Q degrees 14 tt3inuic, 09 seconds ~«st, a dtstattc rtitntf I'ark4ti'aY and being wt a paint of curvatux.:, rot;cave to the tiorilfti~'cst, lta~•ing a radius ot" 710.00 feet, a central angle of 97 degrees 35 rainutcs 11 sccands. attd a chord of 1,068.32 feet bcarinb norti3 31 dcgret's 58 tttiinutra 37 sc:costds rast;~titae d tur°ctl~ c~istan~elof 1' 204.27 f ct tq a uay litu fnr tltc next t'o~sr courses, northcast~rl~• aiurtt, point of tangcttcy; tltcncc north l (r dctrecs X18 min+~ita 59 a ` [dies ofy79~.t10~t ~t, a crnir t :tttgl~' w a point of tangent curvature, cancati c to the ~a.5i, b of 13 degrees 58 minutes 27 sccands, acid a eitord of 142:?U fi:c:t bearing n,~rtlt I(I dibrec-s Ol [uinutes 59 seconds;1•cst;thcnrc norih~, `st4 st. harp ~ gaarradius c f 740.130 fcc:tl a cG8 r -! eagle of point of tangent cwvatur~., e.onca~~ tc 27 dLgrcrs 3G ntittutcs 08 seconds, and steel r alvn37:~a'td cunt distaauc~ui' 380.58 ti=et t ti a minutes 18 ~;cotids cast; thtnct nc~rtltca y b point ofnon-taslgcnry; titrncr south 8'J dct;recs 45 mi~iutes 51 srcottds ~ti'est, a distance of fi5G.~6 feet; tltcncc north 0 ci~c:cs 1~ ntinut~:s 09 su:unds u~ a dist:utu: of404.0(? fic:t tole pc~i~ of bcgiuuit~~ ~':~`` i ~ EXHIBIT D .~m4'.; ~ ••~ -~ ~.• i x~~,.. ~ C ~~t "~ i,}..-~: r~l]~+} :a ~ ' r ~~„ 't'hence cotttinuinb north O degrees 14 minutes 04 seconds west, a distance of 254.71 feet; tlletlcc north 40 degrees 34 tttinuies 00 seconds east. a distartee of 1 >3.41 feet; tlicnce ttoritt 40 degre:;s 26 minutes 51 Seconds cast, a distattcc of 2Q•t.88 feet: thence south 42 dc:grccs 19 minutes O1 secotlds east, a distttncc of 51 L l5 feet w a point of ct,n•ature. concave to the southeast, having; a radius of 110.00 feet, a cctttral attgte of 87 degrees 38 tninutcs 3$ seconds, artd a chord of 152.33 fist bearing south 3 degrees 51 tninutcs 40 sc;cortJs west; thence souttt~~•cstcrly along said curve a distance of 1 b8.2b foci to a point of non-tangency; thence south 84 dcgrecs 4S tninutcs S t seconds «est, a distance of SbS.35 feet to the point of bcgitutittg, containing 4.715 acres. tnorc or less, cuh,{cc:t to rii;hts•~t=way, eascutents, covenants and n:strictiarls of n:cord• PARCCL 2: A part of Lot 1 in Blackthorn Corporate Oflicc i'art: n1inar subdivision #7 recorded under utsttument nuntbcr 9836?74 in the ofliec of the St. Joseph Cowtty ttccorder, Indiana, situated '~ within the southti4cst gttartcr of section 20. totiw>.yllip 38 north, rattgc 2 cast, City of 4outlt 13ertd, Csertnan 1'o~vslship, St. Joseph County, ludiatta, being mare particrilarly dcsc:ribeci as follows: Contrttenci,ni; at the south~vest corner of t11c southwest quarter of said secticnt 20; thence north 0 i dcgrecs 14 minutes 04 seconds west, a distance of44.67 ti.ct to the north right-of-titiay line of ` ~ l~tintu Yaxt:way and bcitts an a point ofcut~•aturc, concave to the northwest, tlavitrg a radius of 7 t 0.00 feet, a Central attglc of 73 dcgrecs X17 minutes 48 seconds, attd a chord of 852.Sb feet '~ ~ north 43 decrees 52 usinutcs 14 seconds cast; thence, along said hittttz ]'ar1:K•ay right-of- l~tr' n~ way line. rtortlte:tsterly along :said curve a distance of 914.48 tact to rt paint of tattgenl cur r,sturc and lxing the paint ofbc:ginning: thl't1CC CQlitirltlitl~ a1Ullg saltl CUY4'4 2~J4.R1 feet to a puim of tattgcncy; thcnrc north 1 b dagrccs 48 minutes 59 sccands «'cst. a distance oC 182.82 feet to a point of tangent curvature, concave to tltc east, having a radius of 740.00 feet, a central ur~blc of 2 degrees 18 rttinutcs 00 secattds, and a chard of 31.71 feet t~taring north 15 clegr~'os 52 minutes 13 seconds west; thence nortlt<<vesterly alan6 said curve a distance of 31.71 feet to a point of Ehcncc tattgcncy; tlzcncc south $4 dcgrecs 45 mirtutes 51 seconds west, a distattcc of 188.3G feet; south 1 t dcgrecs 22 minutes 4S seconds cast, a dislatlcc of 507.12 feet; thence north 89 dcgr~es R 45 nlinutcs 51 sc:cands cast, n distance of 175.OQ feet to the twist ofbegintting, also being; the ~ west ribltt-of-~vay line of Nimt~ Parkevay, oatttssining 2.28 ~:rc:s, nloro tx 1'~ss. ~J~t w ri~is- t al=way. ca~~ ~v~~ and r~strictiotts of record. C ~-..~ t i Authority and Canunissinn ackno~41edg4 acid a~r~:e: that all reni<sittin,g tcrn>s: azui cotxliuuus of the • Lease; shall remain ui full farce and effect. 1N WITNESS WF11;12L•"Qi=. the parties ha~'e caused the Addcndwn to Lease: to be executed far auei on their behalf an the d:3y and yti::tr first «7itteij ubavc. i~ i A'1"I'ES'1'• „ n 3 L S. Schwartz, Sccrc S'I'A'fL' OF INIIIANA ) }SS: S"1'. daSEYH C~UN 1'Y ) SUUTI•i13 ~ ~T.31;V1iLU1'M1:N"1'CO1vI1t~i1SSIUN 13y: •~~ - Etabert ~Y. Hunt, Ptx:sideut Lae#'ore me the ulldcrsibneJ, a i~iotaty Public. in autd fur saki Coun!y and State, pc:t•sonally appeared the Swath l3cnd Redcvclopuunt Cotaimission. ley Robert W.1~[unt and Gu~e:nia 5. Sch~~artr.,1'resid;,itt and Scc:rctary, respe:etively. and aciuiawlydged the exccutlari of tli~ foregoing dac:unictlt. 1N WI"iNt:SS W H1:ltE(.}F, i live hereunto sub~:ribed nay n;uiu acid affixed niy oll~ tlu; ~ daY of ~ fir` . _. 1998 ~ VAit.•"-..•• •~ v.• N(1TAl:Y Fli 8f1C SCAiE Q'r Ltil~rf ~ •. sr.Ic~ s cUtmn~ t`tYCa~+S*~ts~:tx~t FxtT. }l~Ft.zS,20~d Coium.ission L'xpires: ~r~ ham. . Notary Public .Residing in St. 3c~elsh Caiuity, ,~, S . ~~ sT js~'>~'tf C~~'~ _ 1~Y ~tw:s~uht tom. InN. 2~ ~~ ~Y * Ja- ~ {• ~- , y r' r E a `.' t ~J SOU"fFI £3IsI~l1} Rf:UEV1I.OI'hiLN'i' AUTE-IUIZ]'CY ~j C.:uo!} n f A"fTGS'C: ~~~~, 'Jam: vare~,,,'ecretary STA"i'L' [31~ 1NUTANA ) )SS: ST. IUSLPIi COUt17'Y ) i3cfare nor the undrrsigncd, ~ Notary Fubl'sr, in and tier said Cotutty end State. Ixrsonalty a~peazed tk-e South I3c;nd 4tcdevclaptnent Authority. by Carolyn V. !'fotenltauer as~d Jose: A. Alvares, Pre3ident and Scc:re&~xy. respectiveiy, and ack~~vluibed tlu exccutian of the fore~o'u~ clacunicni. , i,i , IN ~VC1~IL:SS ~Viik:iZLVi~. i nave iu:icuata sut~s:rib=si nay n:uiie ruuiaff'ix~:d my a~c~}~'~ . ~,~~~.-,may 4~ ~'~„-4~~.Y _, i~~s .~;~~-~ , ~ ~: ,t ~ F -s.- .3 ~, `" `o` Na I',~bl' • -~ h ~ tart' ~- ~i.:: i •'' (tc:siciiub iu St. Sos~.pli Cotu~ty, lAl ~'~ P 5t Coitunission Expires: ~.~- i 1 t f • • EXHIBIT B Legal Description of 1992 Leased Premises F` . 4 EXHIBIT B PROJECT DESCRIPTION -The Project consists of the construction of a golf course consisting of the improving and construction of all land therefor, including the construction of a clubhouse and a maintenance building, all of ,such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: A part of the Southwest Quarter (SW1/) of Section 20, the Northwest Quarter (NWl/) and the Southwest Quarter (SWl/,) of Section 29, and the Southeast Quarter (SE1/,) and the Northeast Quarter (NE1/) of Section 30 all in Township 38 North, Range 2 East, German Township, St. Joseph County, rticularl described as follows: Indiana, more pa y Commencing at the South Quarter (S1/,) corner of Section 20, also being the North Quarter (N1/) corner of Section 29; thence South 00° 10' 44" East (this and all subsequent bearings being referenced to the east line of the Southwest Quarter (SW1/) of Section 20 which has a Grid Bearing of North 00° 19' 53" West) a distance of 970.00 feet along the East line of the Northwest Quarter (NWl/) of Section 29, to the Point of Beginning of this description.; thence South 00° 10' 44" East a distance of 1677.30 feet along the north/south quarter section line ~~ ~ of Section 29 to the center of Section 29; thence continuing South 00° 10' 44" East a distance of 50.01 feet along said north/south quarter section line; thence North 89° 16' 09" West a distance of 2631.68 feet along a line parallel with and 50.00 feet south of the east/west quarter section line of Section 29; thence North 89° 41' 22" West a distance of 1642.29 feet along a line parallel with and 50.00 feet south of the east/west quarter section line of Section 30, to a point on the east right of way line of the U.S. 31 Bypass, said point also being the point of curvature of a nontangent curve to the left having a radius of 21,675.92 feet, an internal angle of 00° 17' 49" and a long chord bearing North 00° 51' 32" East a length of 112.31 feet; thence northerly along said curve, also being along said east right of way line, a distance of 112.31 feet .to the point of tangency of said curve; thence North 03° 07' 05" West a distance of 502.50 feet along said east right of way line of the U.S. 31 Bypass; thence North 00° 12' 37" East a distance of 1000.00 feet parallel with and 160.00 feet east of the centerline of the U.S. 31 Bypass, along said east right of way line; thence North 04° O1' 28" East a distance of 300.67 feet along said east right of way line; thence North 00° 12' 37" East a distance of 350.00 feet along said east right of way line; thence South 89° 47' 23" East a distance of 90.00 feet along said right of way line; thence North 00° 12' 37" East a distance of -2- ~ r F.. ~, t r, 'r ,i ; r. s !.> !F V 3 { ~, t r` ~; ~,s [ i!~iu E~~~ E f,,'!I ~'' '{ l~ ~~ ~, ~gg t r z 4 i>_ I F ~' J. 206.90 .feet. along said east right of way line to the intersection of said east right of way line of the U.S. 31 Bypass with the. south right of way line of Nimtz Parkway (formerly known as Cleveland Road); thence South 89° 47' 23" East a distance of 329.80 feet parallel-with and 215.00 feet south of the centerline of Nimtz Parkway, also being parallel with and 215.00 feet south of the north line of the Northeast Quarter (NE%) of Section 30 and the south line of the Southeast (SE1/,) of Section l9, along said south right of way line; thence North 86° 03' 24"-East a distance of 897.43 feet along said south right of way line; thence North 00° 12' 37" East a distance of 80.00 feet; thence South 89° 47' 23" East a distance of 332.50 feet parallel with and 70.00 feet south of said centerline of Nimtz Parkway to the east line of the Northeast Quarter (NE1/,) of Section 30; thence North 00° 08' 55" East a distance of 34.72 feet along said east line to the southerly right of way line of Nimtz Parkway, also being the point of curvature of a nontangent curve to the left having a radius of 790.00 feet, an internal angle of 26° 13' 04" and a long chord bearing North 68° 35' 37" East a length of 358.35 feet; thence northeasterly a distance of 361.49 feet along said southerly right of way line of Nimtz Parkway, also along said curve to the point of tangency of said nontangent curve; thence South 38° 45' 02" East a distance of 375.00 ~ , s r i '' ~: ~` ~. ! ,_ F ~. ~~. '; • F -3- feet; thence North 62° 49' 54" East a distance of 315.00 feet to a point which is 45 feet south of the north line of the Northwest Quarter (NW%) of Section 29, said line also being the centerline of .Old Cleveland Road; thence North 00° 17' 19" East a distance of 325.68 feet; thence North 57° 33' 26" West a distance of 286.74 feet to the Easterly right of way line of Nimtz Parkway also being the point of curvature of a nontangent curve to the left having a radius of 790.00 feet, an internal angle of 21° 35' 14" and a long chord bearing North l3° 06' 23" East a length of 295.89 feet; thence northeasterly a distance of 297.65 feet along said easterly right of way line of Nimtz Parkway, also along said curve to the point of tangency of said nontangent curve; thence South 87° 41' 14" East a distance of 356.33 feet; thence North 00° 19' 53" West a distance of 830.00 feet; thence North 72° 09' 22" East a distance of 300.00 feet; thence North 06° 58' 14" East a distance of 450.00 feet to the south right of way line of Nimtz Parkway; thence North 89° 58' 14" East a distance of 340.52 feet along said south right of way line of Nimtz Parkway; thence South 24° 07' 12" East a distance of 438.16 feet; thence South 10° 15' 27" East a distance of 406.08 feet; thence South 00° 10' 44" East a distance of 700.00 feet; thence South 48° 59' 18" West a distance of 856.51 feet to the north right of way line of Old Cleveland Road; thence South 00° 10' 44" East a -4- 2 4: .. S ~C ;, g {, F -5- distance of 580.00 feet; thence South 52° 59' 49" East a distance of 689.95 feet; thence South 89° 27' 09" East a distance of 750.00 feet to the Point of Beginning. '. !,~., `. 1 is ,~ o ,, f i I_i N i' ', ~ ; 1 ~; ~~ iii i ~ ~: (~ ,ps ~~ i ~ M EXHIBIT C Legal Description of Hotel Site Lot 3A Lot 3A Blackthorn Corporate Office Park Minor # 10, recorded May 29, 2001 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 0123942 (Such property shall be referred to herein as "Lot 3A".) Proposed Outlot Apart of Lot seven (7) in Blackthorn Corporate Office Parkas recorded under Instrument Number 943 8010 in the Office of the Recorder of St. Joseph County, Indiana, particularly described as follows: Beginning at a Northerly corner of said Lot 7, which corner being common with the most westerly corner of lot 3A in Blackthorn Corporate Office Park, Minor #10, as recorded under Instrument Number 0123942 in the Office of said Recorder; "Thence South 38 degrees 59 minutes 52 seconds East along a common line to said Lots 7 and 3A, a distance of 375.00 feet to the most Southerly corner of said Lot 3A; Thence North 57 degrees OS minutes 00 seconds West, a distance of 125. 29 feet; Thence North 38 degrees 59 minutes 52 seconds West parallel to said common line of Lot 7 and Lot 3A, a distance of 256.85 feet to a point on the Southeasterly right of way line of Nimtz Parkway, said point on anon-tangent curve concave to the Northwest having a radius of 790.00 feet, a central angle of 2 degrees 55 minutes 06 seconds and chord of 40.23 feet bearing North 57 degrees 11 minutes 35 seconds East; Thence Northeasterly along said, curve, a distance of 40.24 feet to the point of beginning. (Such property shall be referred to herein as "Proposed Outlot".) •