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HomeMy WebLinkAboutApproving and authorizing the execution of a lease for the construction and equipping of a new fire station and the construction of a new roof for theORDINANCE No. ease-sa Passed by the Common Council of the City of South Bend, Indiana_ November 23, 19 98 Attest: Attest: Ciry Clerk Presented by me to the Mayor of the City of South Bend, Indiana November 24, 19 President of Common Council 98 City Clerk Approved and signed by me November 25, 19 98 Mayor SUBSTITUTE BILL Q C~ ORDINANCE NO. ~~~ !' 1 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A NEW FIRE STATION AND THE CONSTRUCTION OF A NEW ROOF FOR THE CITY'S MUNICIPAL SERVICES BUILDING AND REGARDING CERTAIN RELATED MATTERS STATEMENT OF PURPOSE AND INTENT: The City of South Bend, Indiana (the "City"), has previously investigated the necessity for the construction and equipping of a new fire station facility near the intersection of Jackson Road and York Road in the City (the "Fire Station Project") and the construction of a new roof on the City's Municipal Services Building located at 701 West Sample Street in the City (the "Services Building Project" and, with the Fire Station Project, the "Projects"). The City has also previously investigated alternative methods for paying for the Projects. There has been filed with the Common Council of the City (the "Common Council") a petition certified by the St. Joseph County Auditor, which petition has been signed by at least fifty (50) owners of real property subject to taxation by the Ciry and addressed to the Common Council, requesting that the Common Council enter into a lease whereby the Projects will be completed with the assistance of anot-for-profit building corporation and leased to the City pursuant to the provisions of Indiana Code 36-1-10, as amended. The City of South Bend Building Corporation (the "Building Corporation")has been organized as an Indiana not-for-profit corporation for the purpose of constructing and leasing public improvements, including the Projects, to the City. A form of lease between the Building Corporation and the City (the "Lease") has been prepared and submitted to the Common Council for its consideration. The Lease, as presented to the Common Council, provides for the lease of the Projects for a term not to exceed seven (7) years (the "Term"). The Term under the proposed Lease would begin with respect to the Projects on the date each of the respective Projects are completed. The lease rentals payable under the Lease by the City with respect to the Fire Station Project would be an amount equal to $121,768, payable semi-annually on each February 26 and August 26, beginning on February 26, 2000. The lease rentals payable under the Lease by the City with respect to the Services Building Project would be an amount equal to $41,696, payable semi-annually on each June 28 and December 28, beginning on June 28, 1999. Lease rentals payable under the Lease by the City for the Projects would be payable on such dates from then current revenues of the City appropriated for the purpose of making such lease rental payments. As a result, the Projects would not constitute "controlled projects" as such term is defined by IC 6-1.1-20-1.1 because such lease rentals would be payable from funds other than property taxes that are exempt from the levy limitations of IC 6-1.1-18.5. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The petition of taxpayers of the City filed with the Common Council at this meeting is hereby approved. 2. The Common Council hereby determines that a need exists for the completion of the Projects and the funds needed therefor exceed the funds presently available to the City. 3. Having held a public hearing regarding the Lease for which notice was provided in accordance with Indiana Code 5-1-3, the Common Council hereby approves the Lease in the form presented to this meeting. The Lease with the Building Corporation as lessor provides for a fair and reasonable rental, and further, the execution of the proposed lease is necessary and wise. The Mayor and Clerk of the City are hereby authorized to execute and attest, respectively, the Lease in the form presented to this meeting with such changes as may be necessary or appropriate on the advice of counsel with such execution and attestation to evidence approval of such changes; provided, however, that any such changes may not (i) increase the term of the Lease or increase the rentals payable by the City under the Lease with respect to the Projects or (ii) alter the scope and nature of the Projects described in the Lease. 4. The Clerk of the City shall cause to be published a notice of execution of the Lease according to law following such execution. 5. All actions taken to publish the notice of the public hearing regarding the Lease are hereby approved and ratified. 6. The Common Council hereby approves of the formation and organization of the Building Corporation as anot-for-profit corporation for purposes of financing and leasing the Projects to the City. The Common Council hereby further approves of the sale and issuance by the Building Corporation of its lease rental revenue bonds in one or more series in an aggregate principal amount not to exceed $2,000,000. 7. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 1st READING ~~- 9- 9 ~G `l PUBLIC HEARING ~ /-~ j' / b 3 rd READING (f - .23 - Cf g NOT APPROVED REFERRED PASSED ~~-~3'~'J~ ~ SU~TI~T~~ ::ODNIA\PCDOCS\SB DOCS 1 \25731 U By: COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council -2- ~it~d in Cieric's ©ffi~e -+--- iiOV 2 0 1998 LORErTA J. DUOA f~'97YCLEtfhK, ~. ~~MD, il'7. LEASE Between CITY OF SOUTH BEND BUILDING CORPORATION and CITY OF SOUTH BEND, INDIANA DATED AS OF NOVEMBER 1,1998 (FIRE STATION PROJECT AND MUNICIPAL SERVICES FACILITY PROJECT) Fit®d !t~ ~lerlc's ~~fi~~ DES - ~ 1998 IOA~TfA J. DUDS CSfY CL&~54, £~3. E~Pit)~ ill, TABLE OF CONTENTS Premises, Term and Warranty .................................................... 1 Semiannual Rental Payments ..................................................... 2 Additional Rental Payments ..................................................... 5 Abatement of Rent .............................................................5 Alteration and Repairs .......................................................... 6 Insurance ....................................................................6 General Covenants .............................................................8 Option to Purchase ............................................................. 8 Option to Renew .............................................................10 Utility Service ...............................................................10 Transfer to Lessee ............................................................10 Defaults ....................................................................10 Notices .....................................................................11 Successors or Assigns .........................................................11 Construction of Covenants ......................................................11 ::ODMA\PCDOCS\SBDOCSI\25224\2 1 LEASE CITY OF SOUTH BEND BUILDING CORPORATION TO CITY OF SOUTH BEND, INDIANA THIS CONTRACT OF LEASE, made and entered into as of this 1st day of November, 1998 (the "Lease"), by and between the City of South Bend Building Corporation, an Indiana not-for-profit corporation (hereinafter with its successors and assigns as provided by this Lease called "Lessor"), and the City of South Bend, Indiana (hereinafter called "Lessee"), WITNESSETH: In consideration of the mutual covenants herein contained, it is agreed that: 1. Premises. Term and Warranty. The Lessor does hereby lease, demise and let to Lessee (i) the real estate in the City of South Bend, Indiana, more particularly described in Exhibit A attached hereto and made a part hereof, (ii) a fire station building (hereinafter referred to as the "Fire Station Project"), to be erected on Parcel I described in Exhibit A attached hereto by Lessor and (iii) the Municipal Services Facility Building located on Parcel II described in Exhibit A attached hereto for which the Lessor will complete certain roof improvements (the "Services Building Project" and, with the Fire Station Project, collectively, the "Projects") all pursuant to plans and specifications prepared by Mathews Purucker Annella, Inc. The above-mentioned plans and specifications may be changed, additional construction work may be performed by Lessor, but only with the approval of Lessee, and only if such changes or modifications, additional construction or equipment do not alter the character of the Fire Station Project or the Services Building Project or reduce the value thereof. Any such ::ODMA\PCDOCS\SBDOCS 1 \25224\2 additional construction shall be part of the property covered by this Lease. The above-mentioned plans and specifications have been filed with and approved by Lessee. TO HAVE AND TO HOLD the same with all rights, privileges, easements and appurtenances thereunto belonging, unto Lessee, for a term of seven (7) years, with respect to Fire Station Project beginning on the date the Fire Station Project is completed and ready for occupancy and ending on the day prior to such date seven (7) years thereafter, and, with respect to Services Building Project beginning on the date the Services Building Project is completed and ready for occupancy and ending on the day prior to such date seven (7) years thereafter. However, the term of this Lease shall terminate at the earlier of (a) the exercise of the option to purchase by Lessee and payment of the option price, or (b) the payment or defeasance of all obligations of Lessor incurred (i) to finance the cost of the leased property, (ii) to refund such obligations, (iii) to refund such refunding obligations, or (iv) to improve the leased property. The dates on which the Fire Station Project and Services Building Project are completed and ready for occupancy shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after such completion and such endorsement shall be recorded as an addendum to this Lease. The Lessor hereby represents that it is possessed of a good and indefeasible estate in fee simple to the above- described real estate, and Lessor warrants and will defend the same against all claims whatsoever not suffered or caused by the acts of omissions of Lessee or its assigns. 2. Semiannual Rental Payments. The Lessee agrees to pay rental for said premises as set forth herein. (a) Fire Station Project. The first semiannual rental installment in the amount of One Hundred Twenty-one Thousand Seven Hundred Sixty-eight and 00/100 ::ODMA\PCDOCS\SBDOCSI\25224\2 -2- Dollars ($121,768.00) shall be due on the later of (a) the day that the Fire Station Project to be erected on the premises is completed and ready for occupancy, or (b) February 26, 2000. If completion of the Fire Station Project is later than February 26, 2000, the first installment shall be in an amount which provides for rental at the rate specified for the Fire Station Project in Exhibit B attached hereto and made a part hereof for the semiannual period in which the Fire Station Project is completed and ready for occupancy, prorated from the date of such completion until the first February 26 or August 26 following such date of completion. Thereafter, such rental shall be payable in advance in semiannual installments on February 26 and August 26 of each year as provided for in the attached lease payment schedule at Exhibit B. The last semiannual rental payment due with respect to the Fire Station Project before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate specified for the Fire Station Project in Exhibit B prorated from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to Norwest Bank Indiana, N.A., in the City of Fort Wayne, Indiana, as Trustee (hereinafter called "Trustee"), or to such other bank or trust company as may from time to time succeed said Trustee under the Trust Indenture securing the First Mortgage Bonds (hereinafter referred to as "Bonds") to be issued by the Lessor. (b) Services Building Project. The first semiannual rental installment in the amount ofForty-one Thousand Six Hundred Ninety-six and 00/100 Dollars ($41,696.00) shall be due on the later of (a) the day that the Services Building Project to be constructed on the premises is completed and ready for occupancy, or (b) June 28, 1999. If completion oDMa~rcnocs~ssDOCSi~zszza~z -3- of the Services Building Project is later than June 28, 1999, the first installment shall be in an amount which provides for rental at the rate specified in Exhibit B attached hereto and made a part hereof for the semiannual period in which the Services Building Project is completed and ready for occupancy, prorated from the date of such completion until the first June 28 or December 28 following such date of completion. Thereafter, such rental shall be payable in advance in semiannual installments on June 28 and December 28 of each year as provided for in the attached lease payment schedule at Exhibit B. The last semiannual rental payment due with respect to the Services Building Project before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate specified in Exhibit B prorated from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to Norwest Bank Indiana, N.A., in the City of Fort Wayne, Indiana, as Trustee (hereinafter called "Trustee"), or to such other bank or trust company as may from time to time succeed said Trustee under the Trust Indenture securing the First Mortgage Bonds (hereinafter referred to as "Bonds") to be issued by the Lessor. All payments so made by the Lessee shall be considered as payment to the Lessor of the rentals payable hereunder. Such payments shall be made from available funds of the Lessor. The obligation of Lessee to make such rental payments is a current expense and not to be construed as a debt of Lessee. Nothing herein shall be interpreted as constituting a pledge of the Lessee to levy or collect a tax to provide funds for the payment of the rentals payable hereunder. If the Lessee fails to appropriate sufficient funds to pay the lease rentals for either or both of the Fire Station Project or the Services Building Project, equal or like facilities cannot be substituted for either or bath of ::ODMA\PCDOCS\SBDOCSI\25224\2 -4' the Fire Station Project or the Services Building Project. Upon a failure of the Lessee to appropriate such funds for payment of either or both of the Projects, (i) this Lease will terminate with respect to either or both of the Projects as appropriate, (ii) Lessee will take all action to peaceably transfer possession of either or both of the demised premises to Lessor, and (iii) Lessee shall have no further claim to said demised premises. 3. Additional Rental Pa,~. The Lessee shall pay as further rental for said premises all taxes and assessments levied against or on account of the Projects and expenses incurred by the Building Corporation related to the Trust Indenture, including but not limited to fees of the Trustee. Any and all such payments shall be made and satisfactory evidence of such payments in the form of receipts shall be furnished to the Lessor by the Lessee, at least three (3) days before the last day upon which the same must be paid to avoid delinquency. In case the Lessee shall in good faith desire to contest the validity of any such tax or assessment, and shall so notify the Lessor, and shall furnish bond with surety to the approval of the Lessor conditioned for the payment of the charges so desired to be contested and all damages or loss resulting to the Lessor from the non- payment thereof when due, the Lessee shall not be obligated to pay the same until such contests shall have been determined. 4. Abatement of Rent. In the event either of the Fire Station Project or Services Building Project shall be partially or totally destroyed, whether by fire or any other casualty, so as to render the same unfit, in whole or part, for use and occupancy by the Lessee, it shall then be the obligation of the Lessor to restore and rebuild such Fire Station Project or Services Building Project as promptly as maybe done, unavoidable strikes and other causes beyond the control of the Lessor excepted; provided, however, that the Lessor shall not be obligated to expend on such restoration :ODMA\PCDOCS\SBDOCS 1\25224\2 -5- or rebuilding more than the amount of the proceeds received by the Lessor from the insurance provided for in Paragraph 6 hereof. The rent payable hereunder for either or both of the Fire Station Project or the Services Building Project shall be abated respectively for the period during which either or both of the Fire Station Project or Services Building Project or any part thereof is unfit for occupancy and such abatement shall be in proportion to the percentage of floor area of either or both of the Projects which is unfit for occupancy. 5. Alteration and Repairs. The Lessee assumes all responsibility for repairs and alterations to the Projects. No alterations shall be made by Lessee without first obtaining the written consent of Lessor. Subject to Paragraph 11, at the end of the term, Lessee shall deliver the leased property to Lessor in as good condition as at the beginning of the term, reasonable wear and tear only excepted. Equipment or other personal property which becomes worn out or obsolete may be discarded or sold by Lessee. Lessee need not replace such personal property, but may replace such properly at its own expense, which replacement property shall belong to Lessee. The proceeds of the sale of any personal property shall be paid to the above-mentioned Trustee. Lessee may trade in any obsolete or worn out personal property or replacement property which will belong to Lessee upon payment to the Trustee of an amount equal to the trade-in value of such property. 6. Insurance. Lessee, at its own expense, will, during the full term of the Lease, keep the Projects insured against physical loss or damage, however caused, with such exceptions as are ordinarily required by insurers of buildings or facilities of a similar type, with good and responsible insurance companies, subject to the approval of Lessor. Such insurance shall be in an amount at least equal to the greater of (i) the option to purchase price or (i) one hundred percent :ODMA\PCDOCS\SBDOCS 1\25224\2 -6- (100%) of the full replacement cost of the Projects as certified by a registered architect, registered engineer, or professional appraisal engineer, selected by the Lessor, on the effective date of this Lease, and on or before the first day of the anniversary date of this Lease of each year thereafter, provided that such certification shall not be required so long as the amount of such insurance shall be in an amount at least equal to the option to purchase price. Such appraisal may be based upon a recognized index of conversion factors. The Lessee will, at all times during the full term of this Lease, keep in effect, public liability and property damage insurance, insuring the Lessee, the Lessor, and the Trustee in amounts customarily carried for similar properties. Such public liability and property damage insurance may be provided under the public liability self-insurance program of Lessee. During the full term of this Lease, Lessee will also, at its own expense, maintain rent or rental value insurance in an amount equal to the full rental value of the leased facilities for a period of two (2) years against physical loss or damage of the type insured against pursuant to the preceding requirements of this clause. Such policies shall be for the benefit of persons having an insurable interest in the demised premises, and shall be made payable to the Lessor or to such other person or persons as the Lessor may designate. Such policies shall be countersigned by an agent of the insurer who is a resident of the State of Indiana, and such policies, together with a certificate of the insurance commissioner certifying that the persons countersigning such policies are duly qualified in the State of Indiana as resident agents of the insurers on whose behalf they may have signed, and the certificate of the architect or engineer hereinbefore referred to shall be deposited with the Lessor. If, at any time, the Lessee fails to maintain insurance in accordance with this clause, such insurance maybe obtained by the Lessor and the amount paid therefor shall be added to the amount of rental payable by the Lessee under this Lease; provided, however, that the Lessor shall be under no ::ODMA\PCDOCS\SBDOCS 1\25224\2 _7_ obligation to obtain such insurance and any action or non-action of the Lessor in this regard shall not relieve the Lessee of any consequence of its default in failing to obtain such insurance, including its obligation to continue the rental payments in case of total or partial destruction of the Projects as provided in Paragraph 4 hereof. 7. General Covenants. The Lessee shall not assign this Lease or sublet the demised premises herein described without the written consent of Lessor; provided, however, that the Lessee shall in no event assign or sublet the demised premises if such assignment or sublease will result in the loss of the exclusion from gross income for federal income tax purposes of interest on any obligation issued by the Lessor to finance the demised premises. Lessee shall use and maintain the demised premises in accordance with the laws and ordinances of the United States of America, the State of Indiana, and all other proper governmental authorities. Lessee has determined that a present need exists for the Projects, which need is not temporary or expected to diminish in the near future. The Projects are essential to and will be used by Lessee during the term thereof only for the purposes of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity. Lessee agrees to execute, if requested, a certificate regarding such matters. 8. Ontion to Purchase. Lessor hereby grants to Lessee the right and option, on any date prior to the expiration of this Lease, upon written notice to Lessor, to purchase the demised premises at a price equal to the amount required to enable Lessor to pay all indebtedness, including accrued and unpaid interest to the first date on which bonds may be redeemed and all premiums payable on the redemption thereof. In no event, however, shall such purchase price exceed the ::ODMA\PCDOCS\SBDOCS 1\25224\2 "g" capital actually invested in such property by Lessor represented by outstanding securities or existing indebtedness plus the cost of transferring the property. The phrase "capital actually invested" as used herein shall be construed to include, but not by way of limitation, the following amounts expended by the Lessor: organization and incorporation expenses, financing costs, carrying charges, legal fees, architects' fees, contractors' fees and reasonable costs and expenses incidental thereto. Upon request of the Lessee, the Lessor agrees to furnish an itemized statement setting forth the amounts required to be paid by the Lessee on the next rental payment date in order to purchase the demised premises in accordance with the preceding paragraph. The statement shall also set forth the name of the Trustee under the trust agreement or agreements securing the outstanding indebtedness of the Lessor. If the Lessee exercises its option to purchase, it shall pay to the Trustee referred to above the purchase price which is required to pay all indebtedness of Lessor, including all premiums payable on the redemption thereof and accrued and unpaid interest. Such payment shall not be made until the Trustee gives to Lessee a written statement that such amount will be sufficient to retire all outstanding indebtedness of Lessor secured by the trust agreement or agreements between the Trustee and the Lessor, including all premiums payable on the redemption thereof and accrued and unpaid interest. Nothing herein contained shall be construed to provide that Lessee shall be under any obligation to purchase the demised premises, or under any obligation in respect to any creditors, members or security holders of Lessor. 9. Option to Renew. Lessor hereby grants to Lessee the right and option to renew this Lease for a further like, or lesser, term upon the same or like conditions as herein ::ODMA\PCDOCS\SBDOCSI\25224\Z "9" contained, and Lessee shall exercise this option by written notice to Lessor given upon any rental payment date prior to the expiration of this Lease. 10. Utility Service. The Lessee agrees to pay or cause to be paid all charges for sewer, gas, water, electricity, lights, heat or power, telephone or other utility services used, rendered or supplied upon or in connection with the leased premises throughout the term of this Lease, and to indemnify Lessor and save it harmless against any liability or damages on such account. The Lessee shall also, at its sole cost and expense, procure any and all necessary permits, licenses or other authorizations required for the lawful and proper installation and maintenance upon the leased premises of wires, pipes, conduits, tubes and other equipment and appliances for use in supplying any such service to and upon the leased premises. 11. Transfer to Lessee. In the event Lessee does not exercise its option to purchase under Paragraph 8 or option to renew under Paragraph 9, and upon full discharge and performance by the Lessee of its obligations under this Lease, the demised premises shall become the absolute property of the Lessee, and Lessor shall execute the proper instruments conveying title to the premises to Lessee. 12. Defaults. If the Lessee shall default in the payment of any rentals or other sums payable to the Lessor hereunder, or in the observance of any other covenant, agreement or condition hereof, and such default shall continue for ninety (90) days after written notice to correct the same, then, in any or either of such events, the Lessor may proceed to protect and enforce its rights by suit or suits in equity or at law in any court of competent jurisdiction, whether for specific performance of any covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy, or the Lessor, at its option, without further notice, may ::ODMA\PCDOCS\SBDOCS 1\25224\2 " 1 ~" terminate the estate and interest of the Lessee hereunder, and it shall be lawful for the Lessor forthwith to resume possession of the demised premises and the Lessee covenants to surrender the same forthwith upon demand. The exercise by the Lessor of the above right to terminate this Lease shall not release the Lessee from the performance of any obligation hereof maturing prior to the Lessor's actual entry into possession. No waiver by the Lessor of any right to terminate this Lease upon any default shall operate to waive such right upon the same or other default subsequently occurring. 13. Notices. Whenever either party shall be required to give notice to the other under this Lease, it shall be sufficient service of such notice to deposit the same in the United States mail, in an envelope duly stamped, registered and addressed to the other party or parties at their last known place of business. 14. Successors or Assigns. All covenants of this Lease, whether by Lessor or Lessee, shall be binding upon the successors and assigns of the respective parties hereto. 15. Construction of Covenants. Lessor was organized for the purpose of constructing the Projects and leasing the same to Lessee under the provisions of the Indiana Code, Title 36, Article 1, Chapter 10. All provisions herein contained shall be construed in accordance with the provisions of said Chapter, and to the extent of inconsistencies, if any, between the covenants and agreements in this Lease and provisions of said Chapter, the provisions of said Chapter shall be deemed to be controlling and binding upon Lessor and Lessee. ***** ::ODMA\PCDOCS\SBDOCS 1\25224\2 -11- IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed for and on their behalf as of the day and year first hereinabove written. LESSOR CITY OF SOUTH BEND BUILDING CORPORATION By: P dent ATTEST: Sec etary LESSEE CITY OF SOUTH BEND, INDIANA By: Step en J. cke, Mayor (SEAL) ATTEST: Loretta . Du Jerk ::ODMA\PCDOCS\SBDOCS 1\25224\2 -12- STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Befor me, the undersig ed, a Notary Public in, and for the State of Indiana, personally appeared ~~~~ ~ and -M ~(J,tr~1~~,t,~te, , personally known to me as the President d Secretary, respectively, of the City of South Bend Building Corporation, and acknowledged the execution of the foregoing Lease for and on behalf of said Corporation. Witness my hand and notarial seal this day of , 1998. ~~ `~ Notary P lic ~Y1~~L~- ~ ~~~~ ~ Printed My Commission xpires: -1 ~-dU~ ~ County Resident ::ODMA\PCDOCS\SBDOCS 1\25224\2 -13- STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for the State of Indiana, personally appeared Stephen J. Luecke and Loretta J. Duda, personally known to me as the Mayor and Clerk, respectively, of the City of South Bend, Indiana, and acknowledged the execution of the foregoing Lease for and on behalf of said City. Witness my hand and notarial seal this day of , 1998. c Not Pu 1 c Printed My Commission E~ires: -I0 'd1 ~ ~ County Resident This instrument was prepared by Randolph R. Rompola, Attorney at Law, Baker & Daniels, 205 West Jefferson Boulevard, Suite 250, South Bend, Indiana 46601. ::ODMA\PCDOCS\SBDOCS 1\25224\2 -14' EXHIBIT A The Land upon which the new Fire Station Project will be erected is as follows: Parcel I That part of the Northwest Quarter of Section 31, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana described as: Lot #1 as shown on the recorded plat of "York Road Fire Station Minor Subdivision" as shown by Document #9805232 in the records of the St. Joseph County, Indiana Recorder's Office. The land upon which the Services Building Project will be completed is as follows: Parcel II That part of the Southwest Quarter of Section 12 and the Southeast Quarter of Section 11, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as being all of Lot Number 1 of the Recorded Plat of "Studebaker Corridor Third Minor Subdivision" as recorded as Instrument Number 9303861 and a part of Tract 3 of the Plat of the "Studebaker Corporation Replat" as recorded in Plat Book 11, Page 184 in the Office of the Recorder of St. Joseph County. Beginning at the intersection of the North Right of Way line of Sample Street and the West Right of Way line of Lafayette Boulevard, said intersection also being the Southeast corner of said Lot Number 1, marked by a chiseled cross found in place; thence along said North Right of Way line and the South line of said Lot Number 1 for the next three (3) courses: (1) South 89° 44' 37" West a distance of 181.48 feet (S 89° 43' S9" W, 181.50' Inst No. 9303861); (2) South 0° 35' 39" West a distance of 0.54 feet (S 0° 16' O1" E, 0.50' Inst No. 9303861); (3) North 89° 51' 08" West a distance of 217.97 feet (N 89° 51' 46" W, 217.97' Inst No. 9303861); thence North 0° 14' 04" West along the boundary of said Lot Number 1 a distance of 289.38 feet (N 0° 13' 47" W, 289.38]' Inst No. 9303861); thence South 89° 44' 18" West along the boundary of said Lot Number 1 a distance of 291.06 feet (S 89° 42' 25" W, 291.06' Inst No. 9303861) to the West line of said Lot Number 1; thence North 4° 41' 16" East along said West line a distance of 17.88 feet to the Northeast corner of a parcel conveyed to the City of South Bend as described in Deed Record 818, Page 522; thence North 88° 50' S8" West along the North line of said parcel conveyed to the City of South Bend as described in Deed Record 818, Page 522 a distance of 352. 68 feet (North 86° 50' 40" West, 352.68', D.R. 669, Page 159) to the West line of said parcel conveyed to the City of South Bend as described in Deed Record 818, page 522; thence South 0° 07' 04" West along said West line a distance of 311.29 feet (South 00° 07' 14" West , 311.29', D.R. 669, Page 159) to the South line of said Tract 3, said line also being the North line ::ODMA\PCDOCS\SBDOCS 1\25224\2 A' of Sample Street; thence North 89° 51' 08" West along the South line of said Tract 3 a distance of 754.16 feet (North 89° 51' 46" West, 752.19', D.R. 669, Page 159) to the Southwest corner of said Tract 3; thence North 29° 36' S0" East along the Westerly line of said Tract 3 a distance of 676.64 feet (North 29° 30' S7" East, 675.78', D.R. 669, Page 159) to the Northwest corner of a parcel conveyed to the City of South Bend as described in Deed Record 669, Page 159; thence North 89° 43' 44" East along the North line of a parcel conveyed to the City of South Bend as described in Deed Record 669, Page 159 a distance of 784.81 feet (North 89° 42' S4" East, 784.14', D.R. 669, Page 159) to the Northwest corner of said Lot Number 1; thence continuing North 89° 43' 44" East along the North line of said Lot Number 1 a distance of 676.77 feet (N 89° 42' S4" E, 676.75', Inst No. 9303861) to the West Right of Way line of Lafayette Boulevard; thence South 0° 09' 06" East along said West Right of Way line and the East line of said Lot Number 1 a distance of 319.02 feet (S 0° 10' 42" E, 318.89' Inst No. 9303861); thence South 0° 10' 48" E, along said West Right of Way line and the East line of said Lot Number 1 a distance of 278.97 feet (S 0° 10' 48" E, 278.96' Inst No. 9303861) to the Point of Beginning and containing 17.795 acres, more or less. :ODMA\PCDOCS\SBDOCS 1\25224\2 A-2 EXHIBIT B LEASE PAYMENT SCHEDULE FIRE STATION PROJECT Date February 26, 2000 August 26, 2000 February 26, 2001 August 26, 2001 February 26, 2002 August 26, 2002 February 26, 2003 August 26, 2003 February 26, 2004 August 26, 2004 February 26, 2005 August 26, 2005 February 26, 2006 August 26, 2006 Amount $ 121,768 121,768 121,768 121,768 121,768 121,768 121,768 121,768 121,768 121,768 121,768 121,768 121,768 121,768 SERVICES BUILDING PROJECT Date June 28, 1999 December 28, 1999 June 28, 2000 December 28, 2000 June 28, 2001 December 28, 2001 June 28, 2002 December 28, 2002 June 28, 2003 December 28, 2003 June 28, 2004 December 28, 2004 June 28, 2005 December 28, 2005 Amount $ 41,696 41,696 41,696 41,696 41,696 41,696 41,696 41,696 41,696 41,696 41,696 41,696 41,696 41,696 ::ODMA\PCDOCS\SBDOCS 1\25224\2 B' COMMITTEE REPORT TO THE COMMON COUNCII. OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 102-98 A BILL OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A NEW FIRE STATION AND THE CONSTRUCTION OF A NEW ROOF FOR THE CITY'S MUNICIPAL SERVICES BUILDING AND REGARDING CERTAIN RELATED MATTERS Respectfully report that they have examined the matter and that in their opinion, this bill comes to the full Council with a favorable recommendation, as substituted. Charlotte Pfeifer Chairman COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONe219/235-5887 Fnx 219/235-9892 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE ROEMER CITY CONTROLLER November 4, 1998 Mr. Sean Coleman South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the City of South Bend, Indiana, Common Council Approving and Authorizing the Execution of a Lease for the Construction and Equipping of a New Fire Station and the Construction of a New Roof for the City's Municipal Services Building and Regarding Certain Related Matters Dear President Coleman: Attached for filing is an ordinance to approve and authorize the execution of a lease for the construction and equipping of a new fire station and for the construction of a new roof for the City's Municipal Services Building, along with certain related matters. If you have any questions or comments regarding this ordinance, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, M. Catherine Roemer City Controller MCR/jl Attachment