HomeMy WebLinkAboutResolution No. 211 (Accepting Transfer of Property from RDC)RESOLUTION NO. 211
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
ACCEPTING THE TRANSFER OF THE MORRIS PERFORMING ARTS CENTER
COMPLEX FROM THE SOUTH BEND REDEVELOPMENT COMMISSION
WHEREAS, the South Bend Redevelopment Authority (the “Authority”) was created
pursuant to I.C. 36-7-14.5 (the “Act”) as a separate body corporate and politic serving as an
instrumentality of the City of South Bend, Indiana (the “City”), to finance local public
improvements for lease to the South Bend Redevelopment Commission (the “Commission”) and
which is permitted by the Act to acquire real property in order to accomplish the purposes of the
Authority under the Act; and
WHEREAS the South Bend Redevelopment Commission (the “Commission”), governing
body of the South Bend Department of Redevelopment, exists and operates pursuant to I.C. 36-
7-14; and
WHEREAS, the Commission owns certain real property in the River West Development
Area, commonly known as the Morris Performing Arts Center Complex (the “Facility”); and
WHEREAS, the City intends to finance the improvements to the Facility in part through
the issuance of bonds; and
WHEREAS, the structure of the bond transaction involves issuing the bonds from the
Authority and a lease back to the Commission; and
WHEREAS, the Commission preliminarily approved the lease pursuant to its Resolution
No. 3538, dated November 8, 2021, and approved the execution thereof and all other actions
necessary to effectuate the lease pursuant to its Resolution No. 3540, dated November 22, 2021;
and
WHEREAS, the Common Council of the City approved the execution and delivery of the
lease and the transfer of the Facility as intended thereby pursuant to Resolution 4936-21, dated
December 17, 2021 (“Council Resolution 4936-21”); and
WHEREAS, in order to effectuate the bond transaction, the Commission desires to
convey the Facility to the Authority pursuant to I.C. 36-1-11-8 and subject to the terms of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT AUTHORITY AS FOLLOWS:
1.The Authority hereby accepts the transfer of the Property from the Commission in
accordance with Indiana Code Section 36-1-11-8, the Act, and Council Resolution 4936-21,
pursuant to a quit claim deed in a form substantially similar to the document attached hereto as
Exhibit A, conveying all of the Commission's right, title, and interest in the Property to the
Authority.
2.The Authority authorizes Andrew Netter of the City’s Department of Community
Investment to deliver the Deed for recordation to the Office of the Recorder of St. Joseph
County, Indiana and execute any other document necessary to affect the Authority's acceptance
of the Property from the Commission.
3.This Resolution will be in full force and effect upon its adoption by the Authority.
Signature Page Follows
ADOPTED at a meeting of the South Bend Redevelopment Authority held
electronically on January 19, 2022, as authorized by Executive Order 20-09 issued by the
Governor of the State of Indiana, as subsequently renewed.
SOUTH BEND REDEVELOPMENT AUTHORITY
Richard Klee, President
ATTEST:
Anthony Fitts, Secretary/Treasurer
EXHIBIT A
Form of Quit Claim Deed
[See attached.]
RETURN TO: AUDITOR’S RECORD:
City of South Bend TRANSFER NO.
227 W Jefferson Blvd., Ste 1400S TAXING UNIT:
South Bend, IN 46601 PARCEL NO. 018-1002-0043
QUITCLAIM DEED
THIS INDENTURE WITNESSETH THAT the Department of Redevelopment of the City of South Bend,
by and through its governing body, the South Bend Redevelopment Commission (the “Grantor”)
CONVEYS AND QUITCLAIMS TO the South Bend Redevelopment Authority (the “Grantee”), for and
in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which
is hereby acknowledged, the real estate located at 103 W. Colfax Ave., South Bend, in St. Joseph County,
Indiana (the “Property”), more particularly described as follows:
Lot Numbered One (1) as shown on the recorded Plat of Morris Civic Minor Subdivision,
recorded July 13, 1998 as Document Number 9836277 in the Office of the Recorder of
St. Joseph County, Indiana.
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quitclaim Deed on behalf of the Grantor represent and certify
that each has been fully empowered and authorized to execute this Quitclaim Deed and that all action
necessary to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
Dated this 19th day of January 2022.
GRANTOR:
SOUTH BEND REDEVELOPMENT COMMISSION
By:
Marcia I Jones, President
ATTEST:
_______________________________________
Troy Warner, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this 19th day of
January 2022, personally appeared Marcia Jones, and Troy Warner, known to me to be, respectively,
as the President and Secretary of the South Bend Redevelopment Commission, the Grantor named
herein, and acknowledged the execution of the foregoing Quitclaim Deed, being authorized by
Resolution No. 3543 of the South Bend R edevelopment Commission so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
Mary C. Brazinsky, Notary Public
Resident of St. Joseph County, Indiana
Commission expires: 12-12-2024
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Sandra L. Kennedy
Prepared by Sandra L. Kennedy, Corporation Counsel, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601