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HomeMy WebLinkAbout1993-02-18 Resolution 72T~ESC~~I~T~GN Nfl, 72 • R~S~JLUTIQN OF T~IB S~UTI3" BEND REDEYLI~CSPMENT ~iJTHQk~ITY AP'~?3~€3jl"II~fiGr T~3B' EGTJT~C~~ ~F ~ FIB ABT7BNIlU1di TC7 _'~. LB~SB £ South Beni Central DevelFnpment area ~?uhle ~:rnprtav~ment Frcaj~~t:} tVHF.,R.~EAS, the South. Bend. Fded~velc~pz~~n.t ~~.~.thr~ril~r (t2^ie: •4Authorit~4 } previously entered into a lease between, the Authority and the South Band. ~:edevelopment ~emmssen (the `ICcrrs~m;i.~i~n4! ~ dated: as-- of the f~_rst day cif No~re.:mb~r 199, as mended. ~Y' an addendum. dated April fi, 1990 , ~:s further amended: by an addendum dated I~pril 1:2 , 1991,, as further amended. by an addendum dated September 1~, 1992, and as: f.~rrther aar~ended by an addendum dated January 1S, 1993, {the 3_ease anal the addendumn collect~e3:y referred to herein as the t4Lea~el4 } , pursuant. to w(hiych the ~uthor~y wil~,~^rle.a.ae certain. Land. and.. ~mpro~~enaents. t the' 14Pr~~~'`~`t14 ~.. ~~ the ~'oml~7. as-.~.on.~ ~.nd... Y~iEREAS, the Autharity desires to apprts~e and ea~ecute a fifth adc3.~ndun~ to ~ha I~~aee {:the. 4'Fifth Adcendu~441, a c~plr Qf which i~ attached hereto as Exhibit 14~4e ~ ~eflecti.ng, a change in the P'rc~~ect Ike scr ipti.on . NtJW, TBE~:EEC, k3E IT I~SQLVFI7 BY THE ~C)UTEi. BBN~ R'B~C~:~N.~~ ~4UTHQBITX A x F'€}I~L(~T~3S t 1. The Lease: shall be amended to change the Project d.esc~riptan a~ met forth in ~'.xhi}ait 44A44 hereta ~Lll rez~aning term~~, covenants and. cendi.tions: as. set forth in. the Lease shah remain. in full force: and effect. 3. The President and Secretary of the Authar.ty are: he:re~iy autia.crr~~ed and. directed to execute and anteat, respectirrely~, th.e_ Fifth Addendum attaehec hereto as: Exhibit ":~11. a This resolution shall... be in full force a.nd effect after its. aclc~ptis~n. by the Authority. ADL~PTEI~ a.t a meeting. of the South Bend Pedevele~pment Authcr~..t~,r held. an February 18, 1.993., at 13418 Gounty-city Building, 2.2'T West Jefferson.Bou.levard, South Bend Indiana 466Q1. SO BENL7 REDEVLIOP~T PiUT~C)RIT`. By; :7os h obl.ewski., President A`I'T ST Donald ~:. ~'ewel.lr S~cretarlr~ I)f R-SU~tt~~,D13 .r~ ~ r' ~~ ~~ '` ~x, 4^. ~5~ ~ r ~. ~, ~, ~~ ,_~ ~~; C~ ~~~'~. .~.a z~ t:• „~ 1'T'T ' c's~ ;~; N ~.k. -,. 93~582E~ - . ~ .~- F IFTH ?S.DDENDUT~i TO LEASE - .' ~ :, _~ . . SOUTH }SEND REDEVELQPIdlEN'I' AUTHQRITY ~., ~ :. ~ ; ; ~~ l TO ~ :~ SOUTH BEND REDEVELOPMENT COMMISSION ~ = ".,, ~; (Sauth Bend. Central Development Area. c w ~ ~.$; Public Improvement Project.) THIS FIFTH ADDENDLtM, made and entered into this 19th day of February, 1993, 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. BendaRedevelopment Ce~mmissian, governing: laody of the South Bend. Department of Redevelopment and the Ftedevelo~ament District of South Rend, Indiana ( hereinafter. referred to as the. "'Lessee."') , ~'~ ~~~G.~ WITNES.SETF3.:. In consideration of the mutual cov'enants' herein captained, it is agreed that the Lease (South Bend. Central Development. Area Public improvement Project.} previously entered. rota between. said parties as of the first day of Naveznber 1989, as amended by an addendum dated April 6, 1990, as further amended by sn.addendvm dated April 12, 1992, as further amended by an addendum dated September 10, 1992, and as furtY-ier amended. by an addendum. dated January 15 , 1993 , shall }ae further amended as fallQws: 1. F..xhibit C of the Lease. shall be and. hereby is amended by deleting the following parcel of real estate from the Project Descriptian: A parcel. of land in the SQUthwest Quarter of Section 12, Township 37 North, Range 2 East, Gity of South Bend.,. Portage Townships St. Joseph County, Indiana, being platted as Dennistan ~ Fellows. Addition as recorded in Baok.2, Page 48, at the St.. Joseph. County Recorder's office in. South Bend, Indiana, and. described as: follows.: i~ Beginning at an iron at .the intersectiap of the East right-of-way line of Carrol]. Street. and the Sfluth right.-of.-way line of South Street; thence South 89°39'47" East (bearing assumed}, 141.50 feet clang said South right-af-way "line to the Paint of Beginning; thence continuing South 89°39'4.7" East, 50.00 feet. along said South right-of-way line; thence South. 00°00'00" East, 115.5.0 feet to the North right-of-way line. of a 1.4.00 foot alley; thence North 89°39'4.7"-West, 50.00 feet along said North right-of-way .line; thence North 00°00'00" West, 1i5.54~ feet to the South right-of-way line of • South Street and the Paint of Beginning-, and containing x.132.6 acres, more ar less, and. is subject to all easements., restrictions and or CdvenaTYtS of record, commonly known as 312 East South Street, South. Bend 2. The parties ~iereto acknowledge that all remaining terms, covenants, and canditians as set forth in the Lease, as amended. as ~.bove described., shall remain in fu11 farce and effect. I.N WITNESS WHE~2EOF the parties hereto have caused. this. Fourth Addendum to be executed far and an. their behalf an the day and year first hereinabave written. SO[xTH BEND REDEVEI~4P1~+tEI3T AtJT.H{.~RI:TY By ~ ~`"" Jas h able~zski, President. -.~ .A~. -EST: ,~~ ~~ Donald K. Fewell.,. Secretary STATE OF 3NL~I~IP, CCtTftTY OF ST . JCSEPfi SS: Bef are rte , the undersigned:, a Notary Public in an:d far. said State, personally appeared Joseph: Wroblewski and Donald.. K. Fewe11, personally knawrY by m.e to be the Fresident.and.Secretaxgx~, respectively, of the South Bend Redevelopment. Rutharity, and acknowledged the e~:ecution of the: forega~ing Fifth Addendum to Lease far and on behalf €~f said Authositir. (Writ} n Signatu e} C~ . / t /L /~/ ~~ S (Printed Signature) i am a resid nt of St. Joseph County, Indiana... { `Yi Y3:faf rj ~' -n . ~ --i ~ . k ~5~. f" p ~ ;~ ~' ~ •~ 1~~r?.~~im~-ssan Expires: ,~, .,,~,,. ~ 1 t ~'~ ,.- WITNESS my hand and. Nataria.l. Seal this. f ~ day of i. -~ y°~ .~' ~ _ • S~J{JT~i f REDE~IELOPMEN'~ COMMISSSON g~ ~a/ /V . Paula N. AuburA, President ATTEST: -~~. ~~~ ~ ~' T:hee~ F. S~.arp, '"Seer arg .. STATE OF INDIANA ) } SS' eOfIPITY GF ST . ~~OSFPH } . _ Before me, the undersigned, a Ndtarg Public in and fc~r said St~.ter gersoraally appoared.Paula.N. Auburn and Theo F. Sharp, personal..lg known bg me tc~ be the: President and.. Secretarg, respectively, of the South Bend Redevelopment a©mmission, and acknowledged the execution of the foregoing Fifth Addendum tc~ Lease. frYr anc~ !gin behalf ~f saa;.d C.amznissiar~. WITNESS my hand and Natarial. Seal this. /' ~~"c3ag of x.953. • ~. '~ ~,: 4 ~ i.~ :V9~: rGSTflAllvSy.S1C~n : E'xpzres.: {Writ n Signat~ e} {Printed Signature} I a:n a: res.i.dent of 5t.., sose~:h Ca•.u~.ty. , Indiana.... i~ _3_ DAR-SC1HflLDlfl