HomeMy WebLinkAbout1 RDA Packet 5.20.24Agenda
Scheduled Meeting
May 20, 2024 – 8:00 am
BPW Conference Room, 13th Floor or via: https://tinyurl.com/RDA052024
1.Roll Call
2.New Business
A.Resolution No. 218 (Accepting Transfer of Real Property from the South Bend
Board of Parks Commissioners).
B.Assignment and Assumption Agreement (Board of Parks Commissioners and
Swing Batter Swing).
4.Adjournment
ITEM 1
RESOLUTION NO. 218
A RESOLUTION OF THE SOUTH BEND REVELOPMENT AUTHORITY
ACCEPTING TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND BOARD
OF PARKS COMMISSIONERS
WHEREAS, the City of South Bend, Indiana, Venues Parks and Arts Department, acting
by and through its Board of Park Commissioners (the “Board”), holds certain real property situated
in the City of South Bend, Indiana (“City”); and
WHEREAS, pursuant to I.C. 36-1-11-8, the Board may transfer or exchange property with
another governmental entity upon terms and conditions agreed upon by such governmental entities
as evidenced by the adoption of substantially identical resolutions of each entity; and
WHEREAS, the City, acting by and through the Board, has over time accepted certain
parcels of real estate within the Coveleski Park block, including, but not limited to Four Winds
Field, in the City’s downtown area as described in Exhibit A attached hereto (collectively
“Property”); and
WHEREAS, the South Bend Redevelopment Authority (the “Authority”) exists and
operates pursuant to I.C. 36-7-14.5 as a separate body corporate and politic and an instrumentality
of the City; and
WHEREAS, the City is intends to finance improvements to the Property in part through
the issuance of bonds; and
WHEREAS, the structure of the bond transaction involves issuing the bonds by the
Authority; and
WHEREAS, the Board, through its Resolution No. 0001-2024 dated March 18, 2024,
approved the transfer of the Property to the Authority; and
WHEREAS, the Authority has agreed to accept the transfer of the Property from the Board
to facilitate the redevelopment efforts of the Property as well as the intended bond transaction; and
WHEREAS, the Board desires to authorize the staff of the City to cause the preparation
of any and all necessary quit claim deeds effecting these transfers, and to accept and present for
recording said quit claim deeds, upon execution by the Authority or the Board, as the case may be;
and
WHEREAS, the Authority, consistent with I.C. 36-1-11-8 intends to adopt a
corresponding resolution on or about May 20, 2024.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT AUTHORITY AS FOLLOWS:
ITEM 2A
2
1.The following transfer of real property situated in St. Joseph County, Indiana, shall
be, and hereby is, authorized and approved:
a. The Authority shall accept the transfer of the Property from the Board by way
of conveyance of a quit claim deed.
2.The staff of the City shall be, and hereby are, authorized to cause the preparation,
acceptance, and recordation with the St. Joseph County Recorder’s Office of any and all related
quit claim deed(s) as necessary to affect the transfer stated above.
3. This Resolution shall be in full force and effect upon its adoption.
ADOPTED at a meeting of the City of South Bend Redevelopment Authority held on May
20, 2024.
CITY OF SOUTH BEND,
REDEVELOPMENT AUTHORITY
______________________________
Signature
______________________________
Printed Name and Title
ATTEST:
______________________________
Signature
______________________________
Printed Name and Title
EXHIBIT A
Description of Property. All of the City’s interest in all or a portion of the Property, which is
commonly referred to as Coveleski Park, including but not limited to, Four Winds Field.
Lot A Coveleski Park Minor Sub First Replat S 1/2 of VAC William St N & adj & S 1/2 VAC
Monroe St N & adj 20/2
ASSIGNMENT AND ASSUMPTION OF AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment"), dated
as of May 20, 2024 ("Effective Date"), is made by and among Board of Park Commissioners of the City of South Bend, Indiana, hereinafter referred to as the "Park Board," the governing body of the
Venues Parks & Arts Department of the City of South Bend, ("Assignor") and the South Bend Redevelopment Authority ("Assignee").
WITNES SE TH:
WHEREAS, Assignor, Parks Board, and Swing Batter Swing, LLC ("Tenant") are parties
to a certain Amended and Restated Stadium Use, Management and Operations Agreement dated
January 19, 2021 ("Lease Agreement");
WHEREAS, pursuant to the Lease Agreement, Assignor has the complete authority to
assign its obligations under the Lease Agreement to any other Agency, Department, Authority, or Commission of the City of South Bend.
WHEREAS, Assignee has been created pursuant to Indiana Code 36-7-14.5 as a separate body, corporate and politic, and as an instrumentality of the City of South Bend, Indiana (the "City"), is authorized to hold and dispose of real property pursuant to Indiana Code Section 36-7-14.5-12(a)(4) and (5), and is authorized to receive such property from another governmental entity pursuant to Indiana Code Section 36-1- 11-8;
WHEREAS, the City has determined to undertake a local improvement project at Four Winds Field necessitating the transfer of ownership of Four Winds Field and the surrounding park
from the Park Board to the South Bend Redevelopment Authority.
WHEREAS, Assignor on behalf of Assignee will continue to fulfill the current obligations of the Assignor under the Lease Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, Assignee and Assignor hereby
agree as follows:
1. Recitals; Capitalized Tenns. The recitals to this Assignment are fully incorporated by this reference as if set forth herein. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Lease Agreement.
2.Assignment and Assumption.
(a)Effective as of the Effective Date, Assignor hereby transfers, assigns,
conveys and delegates to Assignee all of Assignor's right, title, and interest in, to and under the Lease Agreement.
(b)Effective as of the Effective Date, Assignee hereby accepts such assignmentand assumes from Assignor all liabilities and obligations under the Lease Agreement arising on ITEM 2B
IN WI1NESS WHEREOF, the parties hereto have cause d this Assignment and
Assumption Agreement to be executed as of the date first above written.
ASSIGNOR:
CITY OF SOUTH BEND,
BOARD OF PARK COMMISSIONERS
�_f? .--ifark Neal, President
ASSIGNEE:
SOUTH BEND REDEVELOPMENT AUTHORITY
Erin Hanig, President
ATTEST:
Tony Fitts, Vice-President
4
EXHIBIT A Lease Agreement