HomeMy WebLinkAbout1995-06-07 Resolution 98
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RESOLUTION N0. 98
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A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT. ~.__:
AUTHORITY AMENDING DECLARATION OF PROTECTIVE AND
RESTRICTIVE COVENANTS OF THE BLACKTHORN CORPORATE C~N-`~ER
AND BLACKTHORN CORPORATE CENTER DEVELOPMENT GUIDELINES
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WHEREAS, the South Bend Redevelopment Authority (the
"Authority") is the owner of certain real property situated in
northwest St. Joseph County, Indiana, more commonly known as the
Blackthorn Corporate Center; and
WHEREAS, the South Bend Redevelopment Commission ("Commission")
is Lessor of said real property more commonly known as the
Blackthorn Corporate Center; and
WHEREAS, the Authority, in conjunction with the South Bend
Redevelopment Commission, intends to develop the Blackthorn
Corporate Center as a first-class, planned business campus,
composed of corporate office; support office and research, and
general business .uses and associated facilities; and
• WHEREAS, to ensure that Blackthorn Corporate Center will be
maintained as an attractive campus-like setting for businesses,
with ample landscaped areas, attractive high quality structures,
proper and desirable uses, and appropriate development; to
protect against undesirable uses, to guard against the
construction of improvements built of improper materials or
design; to encourage the construction of attractive improvements
in appropriate locations; to prevent hazardous and inharmonious
development of the Blackthorn Corporate enter; to secure and
maintain proper setbacks and adequate free spaces between
structures; and generally to provide a high type and quality of
development at the Blackthorn Corporate Center, the Authority and
Commission have prepared or caused to be prepared and by
Resolution No. 1147, approved by the Commission on March 19,
1993, and by Resolution No. 73, approved by the Authority on
March 18, 1993, adopted "Declarations of Protective and
Restrictive Covenants of Blackthorn Corporate Center".(which
Covenants were subsequently amended by Resolution No. 87 of the
South Bend Redevelopment Authority, adopted March 17, 1994, and
Resolution No. 1232 of the South Bend Redevelopment Commission,
adopted February 18, 1994); and "Blackthorn Corporate Center
Development Guidelines;" and
WHEREAS, the Commission and Authority wish to amend the
"Declaration of Protective and Restrictive Covenants of the
• Blackthorn Corporate Center" and "Blackthorn Corporate Center
Development Guidelines" as indicated by the Addendum attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
AUTHORITY AS FOLLOWS:
1. The "Declarations of Protective and Restrictive Covenants
of Blackthorn Corporate Center" approved and adopted by the
Authority by its Resolution No. 73 adopted_March 18, 19.93, as
amended by its Resolution No. 87, adopted March 17,.1994, shall
be and hereby are amended to apply to the .real property described
at Exhibit "A" hereto.
2. The Addendum to Declarations of Protective and Restrictive
Covenants of Blackthorn Corporate Center, attached hereto as
Exhibit "B," reflecting said amendment, shall be and hereby is
approved and ordered executed and attested to by the Authority
„~ President and Secretary, respectively.
• 3. The Secretary of the Authority is hereby directed to
transmit a certified copy of this resolution, with all
attachments, to the South Bend Redevelopment Commission .for its
consideration and, if the "Declarations of Protective and
Restrictive Covenants of Blackthorn Corporate Center" and
"Blackthorn Corporate Center Development Guidelines" are approved
by the South Bend Redevelopment Commission, to record in the
Office of the St. Joseph County Recorder a copy of this
Resolution, along with all attachments, and a copy of any
resolution concerning the same approved by the South Bend
Redevelopment Commission.
This resolution shall be in full force and effect from and
after its adoption.
Adopted at the regular meeting of the South Bend Redevelopment
Authority held June ~_, 1995, at 4:30 p.m., 1308 County-City
Building, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
AUTHORITY
J ph roblewski, President
• ATTEST:
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Mary 0. rlic, Se retary
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RESO2/R-COVENANT
ADDENDDM TO THE
DECLARATION OF PROTECTIVE. COVENANTS 6 RESTRICTIONS
OF BLACKTHORN CORPORATE CENTER
This Addendum is made this ~~-day of June, 1995, jointly
and severally as Declarant, by the SOUTH BEND REDEVELOPMENT
AUTHORITY and the SOUTH BEND REDEVELOPMENT COMMISSION;
WITNESSETH:
The SOUTH BEND REDEVELOPMENT AUTHORITY, through its Resolution
No. 73 (and recorded in the Office of the Recorder, St. Joseph
County, Indiana as Document No. 9322505) jointly with the SOUTH
BEND REDEVELOPMENT COMMISSION, through its Resolution No. 1147 (and
recorded in the Office of the Recorder, St. Joseph County, Indiana
as Document_No. 9324608). made the Declaration of Protective
Covenants and Restrictions of Blackthorn Corporate Center, which
Protective Covenants and Restrictions were subsequently amended by
Resolution No. 87 of the South Bend Redevelopment Authority,
adopted March 17, 19.94, and Resolution No. 1232 of the South Bend
Redevelopment Commission adopted February 18, 1994 (which addendum
is recorded in the Office of the Recorder of St. Joseph County as
Document No. 9408340)(Covenants},
Pursuant to Section 12.1 of the Covenants, as the Declarant,
• the SOUTH BEND REDEVELOPMENT AUTHORITY, jointly and severally with
the SOUTH BEND REDEVELOPMENT COMMISSION, hereby amends said
Covenants as follows:
1. Article IV, Use Restrictions of the Covenants shall be
and hereby is amended to add the following subsection to
Section 4.1, Prohibited Uses:
k. Outdoor advertising signs, commonly referred to
as billboards.
2. Article VIII, Section 8.7 shall be and hereby is amended
to read as follows:
8.7 Signs. No Signs as defined herein and in the
Guidelines, or other advertising devices of any
character shall be permitted upon any part of a
Building or a Site except with the prior written
approval of the Committee. Such Signs and other
advertising devices shall be approved only if their
size, design, color, texture, illumination, number,
locations, means of support and construction and
other characteristics conform with the standards
prescribed from time to time by the Guidelines. In
this regard, any Owner or Occupant which desires to
erect any Sign or advertising device shall first
submit plans therefor to the Committee in a form
sufficient to convey the total impression created
by the device. The provisions of this Article
VIII, Section 8.7 shall not effect the Use
Restrictions set forth at Article IV, Section
4.1(k) hereinabove.
The SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND
REDEVELOPMENT COMMISSION acknowledge and agree that all remaining
covenants and restrictions, as set forth in the Covenants shall
remain in full force-and effect.
IN WITNESS WHEREOF, the parties have caused this Addendum to
the Covenants to be executed on the day and year first written
above.
SOUTH BEND REDEVELOPMENT
COMMISSION
Phi c e da, President
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Robert W. Hunt, Secretary
STATE OF INDIANA )
• )SS:
COUNTY OF ST. JOSEPH )
Before me the undersigned, a Notary Public in and for said
County and State, personally appeared the South Bend Redevelopment
Authority, by Joseph Wroblewski and Mary 0. Ferlic, President and
Secretary, respectively, and acknowledged the execution of the
foregoing Addendum.
IN WITNESS WHEREOF, I have h?reunto su scribed my name and
affixed my official seal on the may of ~~ , 1995.
CHERYL K PHIPPS
NOTARY PUBLIC STATE OF WDIANA
ST. JOSEPH COUNTY
MY COMMISSION EXP. JAN. ?,1999
STATE OF INDIANA )
)SS:
COUNTY OF ST. JOSEPH )
N ary Public
Residing in St. Joseph Co., Irc.
Commission Expires:
Before me the undersigned, a Notary Public in and for said
County and State, personally appeared the South Bend Redevelopment
. Commission, by Philip J. Faccenda and Robert W. Hunt, President and
Secretary, respectively, and acknowledged the execution of the
foregoing Addendum.
SOUTH BEND REDEVELOPMENT
AUTHORITY
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' IN WLTNESS WHEREOF, I have hereunto subscribed my name and
• affixed my official seal on the ~1~i--day of , 1995.
G .
" CHERYL K PHIPPS "~~ N ary Public r
NOTARY PUBLIC STATE OF tNDiAN~esidin in St . Jose h Co . , Ind . -
ST. JOSEPH COUNTY g p
LIY COtvIlvIISSiON EXP. JAN. 7,1999 Commission Expires : -
BLACKTHORN.ADD
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