HomeMy WebLinkAboutResolution No. 3318 Review of Plans for Construction in Blackthorn Corporate Park by Cohn & Cohn Investments LLCRESOLUTION NO. 3318
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
REGARDING REVIEW OF PLANS FOR CONSTRUCTION IN BLACKTHORN
CORPORA TE PARK BY COHN & COHN INVESTMENTS, LLC
WHEREAS, the South Bend Redevelopment Commission (the "Commission"),
governing body of the South Bend Department of Redevelopment, exists and operates under the
provisions of I.C. 36-7-14, as amended (the "Act"); and
WHEREAS, in furtherance of its public purposes under the Act, on July 30, 2015, the
Commission entered into the Agreement To Buy And Sell Real Estate (the "Purchase
Agreement") for the sale of certain real property (the "Property") within the Blackthorn
Corporate Park ("Blackthorn") to Cohn & Cohn Investments, LLC (the "Company"); and
WHEREAS, in anticipation of closing its purchase of the Property from the Commission,
the Company has submitted to the Architectural and Review Committee (the "Committee")
established under the Declaration of Protective Covenants & Restrictions of the Blackthorn
Corporate Park (the "Declaration") its building design plans and specifications for its anticipated
construction on the Property; and
WHEREAS, the Company's plans and specifications attached hereto as Exhibit A (the
"Company Plans") are presently under review by the Committee; and
WHEREAS, the Commission amended the Declaration on November 12, 2015, pursuant
to Resolution No. 3315; and
WHEREAS, under Section 5.5.8 of the amended Declaration, an applicant aggrieved by
the Committee's decision concerning the applicant's plans and specifications for construction
within Blackthorn may appeal to the Commission and seek the Commission's final determination
concerning the approval of such plans and specifications; and
WHEREAS, the Commission desires to express its approval of the Company Plans,
notwithstanding the result of any further review by the Committee.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby approves the Company Plans attached hereto as Exhibit
A and, in the event of an adverse decision on the Company Plans by the Committee, will resolve
an appeal in the Company's favor.
2. This Resolution is limited to approval of the Company Plans and will not be
construed to relieve the Company of any of its obligations under the amended Declaration, the
Development Guidelines for Blackthorn Corporate Park, or applicable laws.
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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 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
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CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT, by and
through its governing body, the South Bend
Redevelopment Commission
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EXHIBIT A
Company Plans
[See attached.]
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