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HomeMy WebLinkAbout1993-08-19 Resolution 83• T?ESOTT~TION NO. 83 ~Ta.EtiOLL7TiOi`I OF mHE SO',1TH FEND F~EDEVELOPMENT AUT?iORITY APPROVING' THE EXECTJTION OF AN ADDENDLTN! TO T~iE LEASE. FJR THE AIRPORT ECONOMIC REVEL-OPMENT AREA TAXABLE AND PUBLIC IMPROVEMENT PROJECT i• i• j+1HEREAS, the South Bend Redevelopment Authority (the "Authority") previously entered into a lease between the Authority and the South Bend Redevelopment Commisson.~the "Commission") dated as of August 1, 1990, as amended and restated dated as of August 1, 1990, and as further amended by Addendum dated as of January 29, 1991, further amended by an addendum dated February 5, 1993, further amended by an addendum dated July 16, 1993, and ~.s further amended by separate addendum dated July 15, 1993, the lease and the, addendum collectively referred to herein as the "Lease"), pursuant to which the Authority mill lease certain land and improvements (the "Project") to the Cammissien; and ?~iHEREAS, the Authority desires to approve .and execute an addendum to the Lease (the "Addendum"), a copy of which is attached hereto as .Exhibit "A",.reflecting a change in the Project Description among other items. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT AT,TTHORITY AS FOLLOWS: 1. The Lease shall be amended to change the Project description as set forth in Exhibit "A" hereto. 2. A11 remaining terms,. covenants and conditions as s6t forth in the Lease shall remain in full farce and effect. 3. The President and Secretary of the Authority are hereby authari~ed and directed to execute and attest, respectively, the Addendum attached hereto as Exhibit "A". 4. This resolution shall be in full force and effect after its s.dcption by the Authority. ADOPTED at a meeting of the South fiend Redevelopment Authority held un August l9, 193, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46501. SOU BEND REDEVELOPMENT AUTHORITY Bys Jos h W able~~ski, President A ST: . ~~' Donald K. Fewe11, Secretary RESfl\AIRP2 . ADD i ADDENDUM TO LEASE. ;~OTJTH BEND REDEVELOPMENT AUTHORITY TO SOUTH BEND REDEVELOPMENT COMMISSION {Airport Economic Development Area Improvement Project) THIS FOURTH ADDENDUM, made and entered into this.: day of August, 1993, lay and between .the. South Bend Redevelopment Authority, a body corporate and politic organized and existing under Indiana Code 36-7-14.5 (hereinafter with i.ts successors and assigns referred to as the "Authority"), and the ~auth Bend Redevelopment Commission, the governing body of the South Bend Department of Redevelopment and the Redevelopment District of south Bend, Indiana (hereinafter. called the "Lessee"), WITNESSETH In consideration of the. mutual covenants herein contained it is .agreed that the Lease (Airport Economic Development Area Improvement Project) previously entered into between said parties as of the first day of August, 1990, as amended and restated on dated as of August 1, 1990,. and as further amended by Addendum dated January 29, 19.91, further. amended • by addendum dated February 5, 1993; as further amended by addendum dated July 16, 1993, and as further amended by separate addendum dated July 16, 1993, shall be further amended as follows: 1. Exhibit B to the Lease - Taxable Project .Description - shall be and hereby is amended by amending paragraph (K)(4), describing one (1) parcel of land. and any improvements thereon situated in St. Joseph County, Indiana, and needed in connection with local public. improvements to be constructed in the Airport Economic Development Area, provide as follows: A parcel of land in the Southeast Quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section 21; thence South 01°00'44" East along the East line of said Section 21, .186.55 feet to the place of beginning; thence continuing South 01°40'44" East, along said East line 420.83 feet to the Northeast corner of Lot 20A of Gainey's Replat as recorded under Instrument Number 9029253 on October 19, 1990, in the Office of the Recorder, St. Joseph County, Indiana; thence South 88°53'56" West, along the North line of said Lot 20A, 930.47 feet; thence North 00°56'57" West, 420.83 feet; thence North 88°53'56" East, 930.01 feet to the place of beginning, and containing $.9874 acres, more ar less, and being • subject to any easements, restrictions and or covenants of record. EXCEPTING THEREFROM: A parcel of land in the Township 3$ North.,. Range Meridian, German .Township, described a.s follows southeast quarter of Section 21, 2 East, of the. Second Principal St. Joseph County, Indiana, and Commencing from the northeast corner of the southeast quarter of Section 21, Township 38 North, Range. 2 East;. thence South O1°00'44" East (bearing derived from recorded plat) along the East line of the Southeast Quarter of said Section 21, 482.38 feet to the. paint of beginning; .thence continuing South Ol°00'44" East along the said East line, 125.00 feet; thence south 88°53'3.6" West, 930.47-feet; thence North -00°56'57" West, 125.00 feet; thence North 88°53.'36" East., 90,33 feet to the point of beginning, and containing 2.67 acres, more. or less, and is ..subject to easements,-.restrictions and or covenants of record. i• Being the North 295.83 feet of .Lot 20-B of the .1st Replat of Gainey's Replat of Lot 18-B and 20-A, as_recorded under Document Number 9305368, dated February 18, 1993 in the Office of the Recorder of St. Joseph County, Indiana. 2, Exhibit B to Lease - Taxable Project Description - shall be and k~ereby is amended by adding an additional itenn to the list of items of which the Taxable Project consists, paragraph (3), which shall provide as follows: (3): The acquisition by equipment necessary t~ Blackthorn Golf Course, between the South Bend South Bend Redevelopment 1, 1992, and recorded in County Recorder a,s ("Blackthorn"). purchase or lease of all ~ establish -and -maintain as described at the lease Redevelopment Authority and Commission dated as of July the Office of ,the St ..Joseph Document No. 3, Exhibit C to Lease - Tax Exempt Project Description - shall be amended by adding an additional item to the list of items of which the Tax Exempt Project consists, paragraph (5.2), which shall provide as follows:. (5,1) The engineering design work for a parking-lot and-entry road to serve Blackthorn. Golfe Course, as described at the lease between the Authority and Commission dated as of July 1~ 1992, and recorded in the Office of the St, Joseph County Recorder. as Document No, ("Blackthorn"), consisting of preliminary engineering design, .final construction drawings, preparation of specifications and bid packets and all related and appurtenant work, including but not limited to construction of said parking lot and roadway and related.. infrastructure • improvements, all such engineering and construction work. for public improvements to be made within Blackthorn.. 4, Exhibit C to Le~.se -.Tax Exempt Project Description - shall be and hereby is amended by adding an additional item to the list of items of which the Tax Exempt Project consists, paragraph (8), which shall provide as follows: (3) The acquisition by equipment necessary t~ Blackthorn Golf- Course, between. the .South Bend South Bend Redevelopment 1, 1992, and recorded in County Recorder as ("Blackthorn"). I• purchase or lease of all > establish .and maintain as described at the lease Redevelopment. Authority and Commission dated as of July the Office of the St . Joseph Document No. 5.- .The parties hereto acknowledge that all remaining terms, covenants, and .conditions as set forth in the Lease between the parties hereto and executed as of the first day of August, 1990, shall remain in full force and offect. IN WITNESS WHEREOF, the parties. hereto have caused this Fourth Addendum to Lease to lae executed for and on their behalf on the day and year first hereinabove written. SO BEND REDEVELOPMENT AUTHORITY By _ ~~ Jos h ~n1 oblewski, President ATT T: ~, • ,~--o-----_~ Donald Fewell, Secretary-Treasurer .SOUTH ND REDEVELOPMENT COMMISSION By ; ~ /~/ . 'Paula N. Auburn, President • ATTEST - ~/ They F. Sharp, Secreta STATE OF INDIANA ) SS: OOUNTY OF __ ) i• Before me, the undersigned, a Notary Public in and far said State., personally appeared Joseph Wroblewski and Donald Fewell, personally known by me to be the President and Secretary-Treasurer, respectively, of the South Bend Redevelopment Authority, and acknowledged the execution of the foregoing Fourth Addendum to. Lease for and on behalf of said Authority. WITNESS my hand and Notarial Seal this © ~ day of ~ r 1993. ~:.. -~ _ CFIERYL K. PHIRpS NbTARY PUBLlC STATE ~ INOlANA ST JO$fPH COUNTY MY ~OMMISSlON E)fP JAN. 7,1995 My Commission Expires: I am a resident of :County, Indiana. (Written i~nature) (Printed Signature) STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, the undersigned, a Notary Public in and for said State, personally appeared Paula N. Auburn and Theo A. Sharp, persona ly known by me to be the. President and Secretary, respectively, of .the South Bend Redevelopment Commission, arid. acknowledged the execution of the foregoing Fotzrth Addendum to Lease for-and on behalf of said Commission WITNESS my hand and Notarial Seal this ~~- day Of ,,4a'' , 1993. ~. ,~ ~~. (~Writte Signature) Printed Signature) ~{wYm... .. ,.... My Commission Expires: ~ ~ CHERYLK.PHIPP5 1~lOTARY PUBLIC STATE OF INDIANA ST J03LRN CtNJNTY. MY CQMMISSIt~I EfiP JAN. 7.195 I am a resident of County, Indiana. This instrument was prepared by Jenny Pitts Manier, Chief Assistant City Attorney, 1400 County-City Building, South Bend, IN 46601. RESO\4THADD.3