HomeMy WebLinkAboutResolution No. 3292 Accepting the Transfer of Real Property (Gates Sales Lot)RESOLUTION NO. 3292
A RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND
WHEREAS,
the City of South Bend, Indiana, Board of Public Works (the "Board") has
custody of and may maintain all real property owned by the City of South Bend, Indiana (the
"City") pursuant to LC. 36-9-6-3; and
WHEREAS, pursuant to LC. 36-1-11-8, the City, acting by and through the Board, may
transfer or exchange property with another governmental entity upon terms and conditions
agreed upon by the two entities as evidenced by the adoption of substantially identical
resolutions of each entity; and
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
governing body of the South Bend, Indiana, Department of Redevelopment (the "Department")
and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment
District"), exists and operates under the provisions of LC. 36-7-14 (the "Act"), as amended from
time to time and is a body corporate and politic; and
WHEREAS, the City, acting by and through the Board, accepted from GMS Realty, Inc.
through the adoption of Resolution No. 06-2012 three parcels of real estate located in the River
West Development Area (the "RWDA") and more particularly described in Exhibit A (the
"Property"), and
WHEREAS, the Department, by and through the Commission, has presented to the
Board, a request for the transfer of the Property; and
WHEREAS, the request provides that the Board will transfer the Property to the
Department to facilitate its redevelopment efforts in the RWDA; and
WHEREAS, the City, by and through the Board, now wishes to transfer the Property to
the Department; and
WHEREAS, the Department desires to accept transfer of the Property from the City for
redevelopment efforts in the RWDA, and to authorize the staff of the Department to accept a quit
claim deed effecting the transfer of the Property and cause it to be presented for recording; and
WHEREAS, in connection with the City's transfer of ownership of the Property to the
Department, the Department desires to assume a certain lease by and between the Board, as
lessor and assignee of G.M.S. Realty, Inc., and Gates Automotive Corp., as lessee, dated August
1, 2008 (the "Lease"), which affects the Property; and
WHEREAS, it is contemplated that the Board will adopt a resolution consistent with the
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requirements of LC. 36-1-11-8 concerning the transfer of the Property to the Department.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The transfer of the Property, and all the City's interests therein, described in
Exhibit A situated in St. Joseph County, Indiana, by the City of South Bend, Indiana, acting by
and through its Board of Public Works, to the South Bend Redevelopment Commission, for and
on behalf of the City of South Bend, Department of Redevelopment, shall be, and hereby is,
authorized and approved.
2. The staff of the Department of Redevelopment shall be, and hereby are,
authorized to accept and cause to be recorded with the St. Joseph County Recorder's Office a
quit claim deed transferring the Property.
3. The assumption of the Lease is hereby approved, and the officers of the
Commission are authorized to execute the Assignment and Assumption of Commercial Lease
attached hereto as Exhibit B.
4. This Resolution shall be in full force and effect upon its adoption and upon the
adoption of a corresponding resolution of the Board.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on May 28,
2015,_at 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT DEVELOPMENT
~~
7£:::1; t {lL
S1 ature
Donald E. Inks, Secretary
Printed Name and Title
South Bend Redevelopment Commission
4000.0000065 6346863.002
Signature
Marcia I. Jones, President
Printed Name and Title
South Bend Redevelopment Commission
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Parcel Key Numbers:
018-3008-0265
018-3 008-0266
018-3008-0267
EXHIBIT A
Description of Property
EXHIBITB
Assignment and Assumption of Commercial Lease
ASSIGNMENT AND ASSUMPTION OF COMMERCIAL LEASE
The City of South Bend, Indiana, by and through its Board of Public Works (the
"Board"), does hereby assign, set over and convey to the South Bend Redevelopment
Commission, the governing body of the City of South Bend, Department of Redevelopment (the
"Commission"), and its successors and assigns, all of its right title and interest in and under that
certain Commercial Lease by and between the Board, as lessor and assignee of G.M.S. Realty,
Inc., and Gates Automotive Corp., as lessee, dated August 1, 2008 (the "Lease"), together with
all rights and obligations specified in the Lease. The Commission hereby assumes and agrees to
be bound by the Lease.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Kathryn Roos, Member
David Relos, Member
Elizabeth Maradik, Member
Brian Pawlowski, Member
ATTEST:
Linda Martin, Clerk
Dated: June 9, 2015
SOUTH BEND REDEVELOPMENT
COMMISSION
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
Dated: May 28, 2015