HomeMy WebLinkAboutagenda item 2015 1112 rdc 05a1Department of
Community Investment
Memorandum
Tuesday, November 10, 2015
TO: Redevelopment Commission
FROM: Brock Zeeb, Director of Economic Resources
SUBJECT: Sale of property (Millennium Site) 604 Scott Street Update
On October 29th the Commission approved the sale of the Millennium Site to Millennium Parcel
LLC, an affiliate of Union Station Technology Center.
To close on the property staff requests approval of the following three (3) documents: updated
Purchase agreement, updated Environmental Agreement and Deed transferring part of vacated
United Drive to Building Corp.
Purchase agreement is updated with a new legal description for Millennium Parcel and updates the
requirement to record the environmental restrictive covenants (ERG -IDEM Letter) from
immediately after closing to upon receipt of the ERG letter.
Environmental Indemnity Agreement is updated with a new legal description for Millennium
Parcel.
Deed to Building Corp. is deeding to the Building Corporation the west side of vacated United
Drive from the Commission to the Building Corporation to allow the Building Corporation to grant
certain easements, including the easement called for in the Commission's Purchase Agreement
with Millennium Parcel LLC.
Staff requests approval of the three documents in anticipation of a closing date of November 20th.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTH BEN DIN.GOV
ITEM: 5.A.(1)
FIRST AMENDMENT TO
AGREEMENT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT
This First Amendment to Agreement for Sale of Land for Private Development (this "First
Amendment") is entered into as of the 12th day ofNovember, 2015 (the "Effective Date") by and
between the South Bend Redevelopment Commission (referred to herein as the "Commission" or
"Seller") and Millennium Parcel, LLC, an Indiana limited liability company (referred to herein as
"Buyer").
WHEREAS, Buyer and Seller are parties to the Agreement for Sale of Land for Private
Development dated October 29, 2015 (the "Agreement"); and
WHEREAS, Buyer and Seller have determined to exclude from the legal description of the
Real Estate (to be conveyed to Buyer, as defined in the Agreement) the real property consisting of
the west half of vacated United Drive (also known as Prairie Drive) lying east of the remainder of
the Real Estate (the "United Drive Parcel"); and
WHEREAS, rather than selling the United Drive Parcel to Buyer, Seller will convey its
interest in the United Drive Parcel to the City of South Bend Building Corporation, which owns
the real property abutting United Drive Parcel to the east, for the purpose of granting certain
easements to Buyer and to Studebaker Building 84 LLC, an affiliate of Buyer; and
WHEREAS, Buyer and Seller desire to amend the legal description of the Real Estate to
reflect the above intentions as well as certain other provisions of the Agreement in accordance
with the. terms of this First Amendment.
NOW, THEREFORE, in consideration of the mutual covenants herein and m the
Agreement, Buyer and Seller agree as follows:
1. Exhibit A to the Agreement, which sets forth the legal description of the Real
Estate, is deleted in its entirety and Amended Exhibit A attached hereto is inserted in its place.
2. Exhibit B to the Agreement is eliminated and Section 4, subsection ( d) of the
Agreement is deleted in its entirety and the following is inserted in its place: "( d) any
environmental restrictive covenant arising out of the anticipated Final Comfort Letter (as defined
in the Environmental Indemnification Agreement identified below), which Buyer will execute and -
record immediately after Closing;"
3. Exhibit D to the Agreement is deleted in its entirety and Amended Exhibit D
attached hereto is inserted in its place.
4. All provisions of the Agreement remain in full force and effect unless expressly
modified by this First Amendment.
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IN WITNESS HEREOF, the parties, by their respective duly authorized officers, execute
this Agreement on the date set forth below the name of each.
MILLENNIUM PARCEL, LLC
By: ___________ _
Dated: ____________ _
SOUTH BEND REDEVELOPMENT COMMISSION ·
By: ___________ _
Its: _____________ _
Dated: --------------,----
ATTEST:
By: ___________ _
Its: _____________ _
Dated: -------------
4000.0000037 36223949.001
2
AMENDED EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTATE
That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: A Portion
of Bank Outlot # 60 as shown on the Plat of "State Bank of Indiana Plat of Outlots, Town of
South Bend" as recorded on January 8, 184 7 iti the records of the St. Joseph County, Indiana
recorder's office and being more particularly described as: Bank Outlot # 60 of said Plat and
being bounded on the North by the Penn Central Railroad Right-of-way (AK.A. Conrail
Railroad), on the East by Prairie A venue (AK.A. United Drive) on the South by the Plat of
"Ford's Subdivision of a Portion of Bank Outlot # 60" as recorded in the records of said
Recorder's Office and on the West by Scott Street;
Also that part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: the
Plat of "Ford's Subdivision of a Portion of Bank Outlot # 60" as recorded in the records of
the St. Joseph County, Indiana Recorder's Office;
Also the West half of Vacated Prairie Avenue (AK.A. United Drive) which is bounded on the
North by the Penn Central Railroad Right-of-way (AK.A. Conrail Railroad) and on the South
by the North line of the Plat of "Public Works Service Center Minor" subdivision as recorded
by Document No. 0347708 in the Records of the St. Joseph County, Indiana Recorder's
Office, being extended West to a point of intersection with the West right-of-way line of said
Vacated Prairie A venue (AK.A. United Drive).
Subject to all legal highways, easements and restrictions ofrecord.
AMENDED EXHIBIT D
ACCESS AND UTILITY EASEMENT AND PARKING LICENSE AGREEMENT
(See attached)
ACCESS AND UTILITY EASEMENT AND PARKING LICENSE AGREEMENT
This Access and Utility Easement Agreement (this "Easement") is made and entered into
this_ day of , 2015. (the "Effective Date"), by and between the City of South
Bend Building Corporation (the "City"), and Millennium Parcel LLC, an Indiana limited liability
company of 6561 Lone Wolf Drive, Suite 100, South Bend, Indiana 46628 (the "Company").
Recitals
A. City owns in fee simple the real property described as easement area E in attached
Exhibit A (the "Easement Parcel"); and
B. Company owns
in fee simple the real property described in attached Exhibit B
(the "Company Parcel"), which abuts the Easement Parcel to the west; and
C. ~ompany desires to obtain from City an easement for access over the Easement
Parcel to the Company Parcel and for access to the Company Parcel and for the installation of
certain utilities; and
D. City desires to obtain from Company an easement for access over the Company
Parcel; and
E. City and Company have agreed to grant to one another easements over the
Easement Parcel and the Company Parcel, respectively, for. the purposes and on the terms and
conditions stated in th!s Easement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, City and Company, agree as follows:
L Grant of Easement to Company. City hereby grants to Company, its successors
and assigns, a· non-exclusive easement for the following limited purposes: (a) for vehicular
ingress and egress over and across the Easement Parcel to and from the Company Parcel by
Company and -its agents, contractors, and employees; and (b) for Company's installation, use,
and maintenance of utility lines, pipes, duct banks, and security equipment ·below the grade of
the surface of the Easement Parcel as such surface existed on the Effective Date of this
:Easement, provided that the City has first approved Company's plans for installing any such
elements, which approval the City may not unreasonably withhold and with-respect to which the
City will incur no costs. The parties agree that Company will have no right under this Easement
to install any above-grade utility lines, pipes, duct banks, security equipment, or other property
or fixtures of any kind on, across, or above the Easement Parcel.
2. Grant of Easement to City. Company hereby grants to City, its successors and
assigns, a non-exclusive easement for vehicular ingress and egress, by City and its agents,
1
contractors, and employees, over and across the portion ·Of the Company Parcel described in
attached Exhibit C (the "City Access Area") for access between the Easement Parcel and the
adjacent real property that the City of South Bend may use pursuant to the terms of the
Reciprocal Easement Agreement & License In Land dated August 28, 2000, recorded on
September 1, 2000/as Document Number 0042016 in the Office of the Recorder of St. Joseph
County, Indiana, and any subsequent amendments thereto.
3. License for Passenger Vehicle Parking. City hereby grants Company's guests,
invitees, and employees a revocable license to park passenger vehicles upon the Easement Parcel
in a manner that does not interfere with .the City's use of the Easement Parcel. City may revoke
said license at any time and in its sole discretion upon notice to Company.
4. . Gate. Company may erect and maintain a fence and one (1) gate within the
portion of the Easement Parcel depicted in attached Exhibit D (the "Gate Area"). Before
constructing any fence or gate in the Gate Area, Company will obtain City's written consent and
approval of plans for installing any such elements. Company's right to construct and use such
elements in the Gate Area is conditioned upon City's ability to open, close, and othe1wise use the
gate for ingress and egress of City's vehicles at all times without assistance from Company .. By
way of illustration and not limitation, Company could satisfy the access requirement stated in the
foregoing sentence by providing to City a key, code, or other device to open the gate and by
programming the gate to close and lock automatically without any further act by City.
5. Maintenance; Restoration. City will, at its· sole expense, mainfain and repair the
Easement Parcel so that it will at all times remain in as good a condition as exists upon ·the
Effective Date of this Easement. In the event Company disturbs or damages any part of the
E.asement Parcel in the course of installing elements permitted under Sections 1 and 3 of this
Easement, Company will promptly restore the Easement Parcel to · substantially the same
condition that existed immediately prior to such in,stallation. ·
6. Clear Path of Travel. City and City's agents and employees will place no
permanent structures in, oh, or over the Easement Parcel that will obstruct or interfere with the
Company's use of the Easement without Company's prior consent.
7. City's Representations. City represents and warrants that it is lawfully seized of
the Easement Parcel, that it has full right and power to grant the Easement, and tfo~t the Easement
Parcel is free fr<?m all encumbrances, except any matters of record.
8. City's Indemnification. City shall indeJJ1nify and hold Company harmless from
and against claims resulting from City's use of the· Easement Parcel, or resulting from the
negligent or intentional acts of City, its tenants, agents, contractors, employees, licensees and
invitees. . ·
9. Company's Indemnification; Insurance. Company shall indemnify and hold City
harmless from and against claims resulting from damage to any property ·upon the Easement
Parcel or injury to any person upon the Easement Parcel, caused by Company or Company; s
tenants, agents, contractors, employees, licensees or invitees during the exercise of its tights
pursuant to this Easement. In addition, Company will maintain commercial general liability
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insurance coverage in the minimum amount of at least $5,000,000 per occurrence and Will
designate the City of South Bend as an additional insured under any such policy of insurance.
Immediately upon the execution of this Easement, Company will produce to City a certificate of
insurance evidencing the same.
10. Enforcement. Each party shall have the right to enforce the terms and conditions
of this Easement pursuant to the rights and remedies available under applicable law.
11. Reservation of Rights. City reserves the free use of the Easement Parcel in any
manner not inconsistent with the terms of thfa Easement but may not assign, grant, or convey
other rights in or to the Easement Parcel to any person or entity at any time without the written
consent of Company.
12. Reservation ofExisting Utilities and Easements. City reserves its rights to access,
maintain, repair, and otherwise manage the existing sewer and other utilities lying beneath or
across the Easement Parcel, as expressly contemplated in Ordinance No. 1oi57 ... 12 ofthe South
Bend Common Council dated April 25, 2012. Company acknowledges and it agrees that
Company will be entitled to no compensation in the event City temporarily obstructs ot
otherwise uses the Easement Parcel in connection with necessary maintenance or repairs to said
facilities.
13. Covenant Running with the Land. Except for the license granted in . Section 2,
City and Company intend that each of the rights and obligations set forth herein shall run with
the land and create equitable servitudes burdening the Easement Parcel and benefitting the
Company Parcel, shall bind every person having any fee, leasehold or other interest therein and
shall inure to the burden or benefit of the r(}spective parties and their successors, assigns, heirs ·
and personal representatives.
14. Cross References. The last deed ofrecord to the real estate of which the Easement
Parcel is a ·part is Document Number in the Offipe <?fthe Recorder for St. Joseph
County, Indiana. The last deed of record to the real estate of which the Company Parcel is a part
is Document Number in the Office ofthe Recorder for St. Joseph County, Indiana.
15. Recording. This Easement, as well as any instrument releasing or terminating the
Easement, shall be duly recorded in the Office of the Recorder of St. Joseph County, Indiana, .
and all recording fees will be paid by Company.
16. . Governing Law, This Easement shall be governed and construed in accordance
with the laws of the State of Indiana.
* * * * *
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IN TESTIMONY WHEREOF, the City has signed this Access And Utility Easement
Agreement to be effective as of the Effective Date.
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
CITY OF SOUTH BEND BUILDING
CORPORATION
_________ ,President
Before me, a Notary Public in and for said County and State, personally appeared
_______ , as of the City of South Bend Building Corporation and
acknowledged the execution on behalf of said corporation, having been authorized to, the of the
foregoing Access And Utility Easement Agreement for the uses and purposes therein contained.
WITNESS my hand and seal this_·_ day of __ , 2015.
My Commission Expires: Notary Public
(Printed N atne)
Resident of ______ County, Indiana
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IN TESTIMONY WHEREOF, Company has signed this Access And Utility Easement
Agreement to be effective as of the Effective Date.
STATE OF -----
COUNTY OF ----
)
) SS:
)
MILLENNIUM PARCEL LLC,
an Indiana limited liability company
By:
Its:
Before me, a Notary Public in ·and ·for said County and State personally appeared
~ ~
Millennium Parcel LLC, an Indiana limited liability company, and acknowledged the execution
of the foregoing Access And Utility. Easement Agreement for and on behalf of said company,
having been authorized_ to do so.
WITNESS my hand and seal this __ day of __ , 2015.
My commission expires: Notary Public
Resident
of~ _____ County
Printed Name of Notary
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City BuHding, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
l a(firm; under the penalties for perjury; that I have taken reasonable care to redact each Social Security number in this document, unless :requirec!
by law, Benjamin J. 'Dougherty. ·
4000.0000037 58155770.006
5
EXHIBIT A
Description of Easement Parcel
(also known as easement area E)
That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: a 40 ft. wide
Easement, 20 ft. ~ither side of the following described Centerline: Beginning at the intersection
of the Centerline of Vacated Prairie Avenue (AK.A. United Drive) with the North line of the
Plat of "Public Works Service Center Minor" subdivision as. recorded by Document No. 034 7708
in the Records of the St. Joseph County, Indiana Recorder's Office, being extended West to said
Centerline; thence along said Centerline S. 29°-30'-57" W. a distance of 444 feet tngre or less to
a point of intersection with the East right-of-way line of Scott Street and the point of termination.
EXHIBITB
• Description of Company Parcel
That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: A Portion of
Bank Outlot # 60 as shown on the Plat of "State Bank of Indiana Plat of Outlots, Town of South
Bend" as recorded on January 8, 1847 in the records of the St. Joseph County, Indiana recorder's
office and being more particularly describeq as: Bank Outlot # 60 of said Plat and being bounded
on the North by the Penn Central Railroad Right-of-way (A.KA. Conrail Railroad), on the East
by Prairie Avenue (A.KA. United Drive) on the South by the Plat of "Ford's Subdivision of a
Portion of Bank Outlot # 60" as recorded in the records -of said Recorder's Office and on the
West by Scott Street;
Also that part of the Southeast Quarter of Section 11, Township 37 North, Range 2 Ea.st, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: the Plat of
"Ford's Subdivision of a Portion of Banlc Outlot # 60" as recorded in the records of the St,
Joseph County, Indiana Recorder's Office;
Also the West half of Vacated Prairie ·Avenu~ (A.KA. United Drive) which is bounded on the
North by the Penn Central Railroad Right-of-way (A.K.A. Conrail Railroad) and on the South by
the North line of the Plat of "Public Works Service Center Minor" subdivision as recorded by
Document No. 0347708 in the Record's of the St Joseph County, Indiana Recorder's Office,
being extended West to a point of intersection witP, the West right-of-way line of said Vacated
.Prairie Avenue (A.K.A. United Drive). ·
Subject to all legal highways, easements and restrictions ofrecord.
EXHIBITC
Description of City Access Area
That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
. Township, City of South Bend, St. Joseph County, Indiana which is described as: a 40 ft. wide
Easement, 40 ft. either side of the following described Centerline: Beginning ~t the inters~ction
of the Centerline of Vacated Prairie Avenue (A.KA. United Drive) with the South line of the
Plat of "Renaissance Minor Subdivision" recorded by Document No. 1526269 in the Records of
the St. Joseph County, Indiana Recorder's Office; thence along said Centerline N. 28<?-40'-53" E.
a distance of 80 feet more or less to the point of termination.
EXHIBITD
Depiction of Gate Area
[See attached.]
FIRST AMENDMENT TO
ENVIRONMENTAL AGREEMENT REGARDING MILLENNIUM SITE
This First Amendment to Environmental Agreement Regarding Millennium Site (this
"First Amendment") is entered into as of the 12th day of November, 2015 (the "Effective Date")
by and between the South Bend Redevelopment Commission (referred to herein as the
"Commission") and Millennium Parcel LLC, an Indiana limited liability company (referred to
herein as "Millennium Parcel"). The Commission and Millennium Parcel are referred to
collectively herein as the "Parties."
WHEREAS, Millennium Parcel and the Commission are parties to the Environmental
Agreement Regarding Millennium Site dated October 29, 2015 (the "Environmental Agreement");
and
WHEREAS, at the time of execution by the Parties, the Environmental Agreement lacked
a legal description of the Property intended to be attached thereto; and
WHEREAS, Millennium Parcel and the Commission desire to amend the Environmental
Agreement by inserting the Property's legal description in accordance with the terms of this First
Amendment.
NOW, THEREFORE, in consideration of the mutual covenants herein and m the
Agreement, Buyer and Seller agree as follows:
1. Exhibit A to the Environmental Agreement, which was inadvertently omitted from
the Environmental Agreement, is hereby replaced by Amended Exhibit A attached hereto.
2. All provisions of the Agreement remain in full force and effect unless expressly
modified by this First Amendment.
IN WITNESS HEREOF, the parties, by their respective duly authorized officers, execute
this Agreement on the date set forth below the name of each.
[Signature page follows.]
1
MILLENNIUM PARCEL, LLC
By: ___________ _
Its: _____________ _
Dated: ------------
SOUTH BEND REDEVELOPMENT COMMISSION
By: ___________ _
Its: --------------
Dated: ___________ _
ATTEST:
By: ___________ _
Its: _____________ _
Dated: ---------.,.-----
4000.0000037 36105517.001
2
AMENDED EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: A Portion
of Bank Outlot # 60 as shown on the Plat of "State Bank of Indiana Plat of Outlots, Town of
South Bend" as recorded on January 8, 1847 in the records of the St. Joseph County, Indiana
recorder's office and being more particularly described as: Bank Outlot # 60 of said Plat and
being bounded on the North by the Penn Central Railroad Right-of-way (A.K.A. Conrail
Railroad), on the East by Prairie A venue (A.K.A. United Drive) on the South by the Plat of
"Ford's Subdivision of a Portion of Bank Outlot # 60" as recorded in the records of said
Recorder's Office and on the West by Scott Street;
Also that part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: the
Plat of "Ford's Subdivision of a Portion of Bank Outlot # 60" as recorded in the records of
the St. Joseph County, Indiana Recorder's Office;
Also the West half of Vacated Prairie Avenue (A.K.A. United Drive) which is bounded on the
North by the Penn Central Railroad Right-of-way (A.K.A. Conrail Railroad) and on the South
by the North line of the Plat of"Public Works Service Center Minor" subdivision as recorded
by Document No. 0347708 in the Records of the St. Joseph County, Indiana Recorder's
Office, being extended West to a point of intersection with the West right-of-way line of said
Vacated Prairie Avenue (A.K.A. United Drive).
Subject to all legal highways, easements and restrictions of record.
RESOLUTION NO. 3317
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
REGARDING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO THE CITY
OF SOUTH BEND BUILDING CORPORATION FOR EASEMENT AGREEMENTS
WITH STUDEBAKER BUILDING 84 LLC AND MILLENNIUM PARCEL LLC
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), governing
liody of the South Bend Department of Redevelopment, exists and operates under the provisions
ofl.C. 36-7-14, as amended (the "Act"); and
WHEREAS, the City of South Bend Building Corporation (the "Corporation") owns
certain real property located in the City of South Bend, Indiana (the "City"), commonly known as
the Public Works Service Center, with a mailing address of 731 S. Lafayette Blvd. (the
"Corporation Property"); and
WHEREAS, the Commission is engaged in assisting and facilitating the redevelopment of
the former industrial sites in the vicinity of the Corporation Property, including the real property
commonly known as the Ivy Tower complex ("Building 84") and the real property commonly
known as the Millennium Environmental property (the "Millennium Site"); and
WHEREAS, Studebaker Building 84 LLC, as the owner-of Building 84 and the successor-
in-interest of Ivy Tower Corporation, and the Corporation, as the owner of the Corporation
Property and the successor-in-interest of the City of South Bend, are parties to the Reciprocal
Easement Agreement & License In Land dated August 28, 2000, and recorded on September 1,
2000, as Document No. 0042016 in the Office of the Recorder of St. Joseph County, Indiana (the
"2000 Easement Agreement"); and
WHEREAS, the 2000 Easement Agreement provides certain reciprocal easements for
access to and around the Corporation Property and Building 84, respectively; and
WHEREAS, on April 23, 2012, the City's Common Council adopted Ordinance No.
10157-12 (the "Vacation Ordinance"), which vacated the public right-of-way adjacent to the
Corporation Property commonly known as United Drive (or Prairie A venue) and provides that
"[t]he purpose of the vacation of the real property is to create and further development
opportunities on the former Millennium Environmental site and the Ivy Tower complex"; and
WHEREAS, as a consequence of the vacation of United Drive under the Vacation
Ordinance, the Commission owns a portion of vacated United Drive abutting the Millennium Site;
and
WHEREAS, on October 29, 2015, the Commission entered into an Agreement for Sale of
Land for Private Development (the "Purchase Agreement") with Millennium Parcel LLC, an
affiliate of Studebaker Building 84 LLC, under which Millennium Parcel LLC will purchase the
Millennium Site from the Commission for redevelopment purposes; and
1
WHEREAS, in connection with the Purchase Agreement and to facilitate the continuing
rehabilitation and redevelopment efforts of Studebaker Building 84 LLC and Millennium Parcel
LLC, on November 5, 2015, the Corporation adopted Resolution No. 2015-02 and agreed (1) to
accept from the Commission a quit claim deed conveying the Commission's interest in the portion
of vacated United Drive abutting the Corporation Property between Scott Street and the northern
property line of the Corporation Property (the "Easement Area"), (2) to amend the 2000 Easement
Agreement, and (3) to enter into additional easement agreements with Studebaker Building 84
LLC and Millennium Parcel LLC, respectively, providing for the installation of utilities beneath
and for access across certain portions of vacated United Drive (the "New Easement Agreements");
and
WHEREAS, to enable the Corporation to enter into the New Easement Agreements with
Studebaker Building 84 LLC and Millennium Parcel LLC affecting vacated United Drive, the
Corporation desires to acquire from the Commission all of the Commission's interest in the
Easement Area; and
WHEREAS, the Commission approves the Corporation's actions under Resolution No.
2015-02 and desires to convey its interest in the Easement Area to the Corporation so that the
Corporation may put the New Easement Agreements into effect in accordance with the terms of
Resolution No. 2015-02.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND
BUILDING CORPORATION AS FOLLOWS:
1. The Commission hereby approves, and will execute simultaneously with this
Resolution, the quit claim deed attached hereto as Exhibit A (the "Quit Claim Deed") conveying
its interest in the Easement Area to the Corporation for the purpose of the Corporation putting into
effect the New Easement Agreements with Studebaker Building 84 LLC and Millennium Parcel
LLC as contemplated in the Corporation's Resolution No. 2015-02.
2. The Commission hereby authorizes and instructs David Relos or Brock Zeeb, each
of the City's Department of Community Investment, to deliver the executed Quit Claim Deed to
an authorized representative of the Corporation and to take oi:i behalf of the Commission all
necessary administrative actions to accomplish the purposes of this Resolution, including all
necessary administrative actions incidental to the closing of the Millennium Site transaction under
the terms of the Purchase Agreement.
3. This Resolution will be m full force and effect upon its adoption by the
Commission.
ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held
on November 12, 2015, at 13 08 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
2
ATTEST:
Donald E Inks, Secretary
4000.0000037 37029741.001
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT, by and
through its governing body, the South Bend
Redevelopment Commission
Marcia I. Jones, President
3
EXHIBIT A
Quit Claim Deed
[See attached.]
AUDITOR'S RECORD
TRANSFER NO. ___ _
TAXING UNIT -----
DATE
~--------
KEY NOS. -------
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the Department of Redevelopment of the City of South Bend,
by and through its governing body, the South Bend Redevelopment Commission, 1400 S. County-City
Building, 227 W. Jefferson Boulevard, South Bend, Indiana (the "Grantor")
CONVEYS AND QUIT CLAIMS TO the City of South Bend Building Corporation, an Indiana non-profit
corporation, 1400 S. County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana (the
"Grantee") for and in consideration of one dollar ($1.00) and other good and valuable consideration, the
receipt whereof is hereby acknowledged, the following real estate (the "Property"):
That part of the Southeast Quarter of Section 11, Township 3 7 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: a 40 ft.
wide Easement, 20 ft. either side of the following described Centerline: Beginning at the
intersection of the Centerline of Vacated Prairie Avenue (A.KA. United Drive) with the
North line of the Plat of "Public W arks Service Center Minor" subdivision as recorded by
Document No. 0347708 in the Records of the St. Joseph County, Indiana Recorder's
Office, being extended West to said Centerline; thence along said Centerline S. 29°-30'-
57" W. a distance of 444 feet more or less to a point of intersection with the East right-of-
way line of Scott Street and the point of termination.
Grantor hereby conveys the Property free and clear of all leases, licenses, or other interests, both legal and
equitable, and all encumbrances of any kind or character, subject to all highways and rights of way of
record. ,
Each undersigned person 'executing this Quit Claim Deed on behalf of the Grantor represents and certifies
that he or she has been fully empowered and authorized to execute this Quit Claim Deed and that all action
necessary to complete this conveyance on Grantor's behalf has been duly taken.
Page 1 of2
Dated this __ day of ________ , 2015.
GRANTOR:
South Bend Redevelopment Commission
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this __ day of
_______ , 2015, personally appeared Marcia I. Jones and Donald E. Inks, to me known to be the
President and Secretary, respectively, of the South Bend Redevelopment Commission, the Grantor, and
acknowledged execution of the foregoing Quit Claim Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
(SEAL)
------------·'Notary Public
Commission expires: _____ _ Resident of _______ County, __ _
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Benjamin J. Dougherty.
Prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601.
4000.0000037 42773685.001
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