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HomeMy WebLinkAboutNo. 2251 accepting transfer of real property from the South Bend Redevelopment AuthorityRESOLUTION NO. 2251 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT AUTHORITY WHEREAS, the South Bend Redevelopment Authority (the "Authority")has been created pursuant to Ind. Code ~ 36-7-14.5 as a separate body, corporate and politic, and as an instnunentality of the City of South Bend, Indiana (the "City") to finance local public improvements for lease to the South Bend Redevelopment Commission (the "Commission") on behalf of the City of South Bend, Indiana, Department of Redevelopment; and WHEREAS, the Authority and the Commission entered into an Amended and Restated Lease dated August 1, 1990, as amended (the "1990 Lease"), pursuant to which the Authority constructed certain local public improvements for and leased said improvements to the Commission on the real estate described at Exhibit A (the "1990 Leased Premises"); and WHEREAS, pursuant to the terms of the 1990 Lease, the Authority issued (i) its Taxable Lease Rental Acquisition and Refunding Revenue Bonds of 1993 in the original aggregate principal amount of $4,905,000 for the purpose of refunding its Taxable Lease Rental Revenue Bonds of 1991 (Airport Economic Development Area Public Improvement Project) originally issued under the 1990 Lease in an aggregate principal amount of $4,200,000 (collectively, the "Taxable 1990 Bonds") and (ii) its Lease Rental Revenue Refunding Bonds of 1997 (Airport Economic Development Area Public Improvement Project) in the original aggregate principal amount of $2,540,000 for the purpose of refunding its South Bend Redevelopment Authority Lease Rental Revenue Bonds (Airport Economic Development Area Public Improvement Project) dated March 1, 1991, originally issued under the terms of the 1990 Lease in an aggregate principal amount of $2,355,000 (collectively, the "Tax-exempt 1990 Bonds"); and WHEREAS, per Section 2 of the 1990 Lease, the 1990 Lease expires upon payment or defeasance of all of the outstanding obligations issued under the 1990 Lease oi- secured by the lease rental payments payable to the Authority under the 1990 Lease; and WHEREAS, in 2003 and 2004, the Commission defeased the Taxable 1990 Bonds and the Tax-exempt 1990 Bonds through tax increment finance revenues on hand, and now no obligations issued under the 1990 Lease or secured by the lease rentals payable to the Authority under the 1990 Lease are outstanding; and WHEREAS, Section 14 of the 1990 Lease provides that upon the expiration of the 1990 Lease the 1990 Leased Premises shall be transferred to the Commission; and WHEREAS, the Authority has previously transferred to the Commission certain parcels of the 1990 Lease Premises and now desires, to the extent it has not previously, to transfer the • remainder of the 1990 Leased Premises to the Commission; and • WHEREAS, the Authority and the Commission also entered into a Lease dated July 1, 1992, as amended (the "1992 Lease"), pursuant to which the Authority would acquire certain real estate and constructed certain local public improvements thereon, including the Blackthorn Golf Course, as more particularly described at Exhibit B (collectively, the "1992 Leased Premises"); and WHEREAS, pursuant to the terms of the 1992 Lease, the Authority issued (i) its Lease Rental Revenue Refunding Bonds of 1998 in an original aggregate principal amount of $6,135,000 (the "1998 Bonds"),refunding the Authority's previously outstanding South Bend Redevelopment Authority Lease Rental Revenue Bonds (Blackthorn Golf Course Project) dated October 1, 1992 originally issued in an aggregate principal amount of $5,680,000, and (ii) no other obligations under the 1992 Lease; and WHEREAS, the 1998 Bonds are secured by a Trust Agreement by and between the Authority and Wells Fargo Bank, N.A., successor in interest to Norwest Bank Indiana, N.A., as Trustee and dated November 1,1998 (the "Trust Agreement"), recorded as Document No. 9861369, in the records of the Recorder's Office of St. Joseph County, Indiana; and WHEREAS, the Commission has requested that the Authority convey the Proposed Outlot (as more particularly defined and described at Exhibit C), an approximately 40ft by 370ft section of the 1992 Leased Premises, to the Commission to provide for the construction of a four-star hotel development project (the "Hotel Project") on Lot 3A (as more particularly described and defined at Exhibit C) (Lot 3A and the Proposed Outlot shall be referred to herein collectively as the "Hotel • Site"); and WHEREAS, evidence has been presented to the Commission that the Hotel Project allows for significant private investment of approximately Seventeen Million Dollars ($17,000,000) on property immediately adjacent to the 1992 Leased Premises, increasing the value of the 1992 Leased Premises; and WHEREAS, the conveyance of the Proposed Outlot will not reduce the lease rentals payable by the Commission to the Authority for the remaining portion of the 1992 Leased Premises; and WHEREAS, pursuant to Ind. Code § 36-1-11-8 and the 1990 Lease, the South Bend Redevelopment Authority and the South Bend Redevelopment Commission, acting for and on behalf of the City of South Bend, Department of Redevelopment, may exchange or transfer property with one another upon the terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Authority, at its meeting on June 7, 2006, adopted its Resolution No. 158 in a form substantially identical to this one authorizing the transfer of the Real Property from the Authority to the Commission on behalf of the City of South Bend, Indiana, Department of Redevelopment (the "Authority Resolution"); and • the Commission desires to accept the transfer the Proposed Outlot from the WHEREAS, • Authority to allow for the Hotel Project; and WHEREAS, the Authority desires for the Proposed Outlot and Lot 3A to be replatted as maybe appropriate for the development of the Hotel Site; and WHEREAS, the Authority has entered into a Settlement Agreement and Release affecting a portion of the 1990 Leased Premises and the Proposed Outlot and under the terms thereof may not transfer any portion of the 1990 Leased Premises or the Proposed Outlot until such the Easement Agreement with License (as described in such Settlement Agreement and Release) (the "Easement Agreement") has been duly recorded; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. The Commission hereby finds that the 1990 Lease has expired pursuant to the terms thereof, as all obligations issued under the 1990 Lease or secured by the lease rentals payable to the Authority from the Commission under the 1990 Lease have been paid and are no longer outstanding, and the Commission hereby authorizes the President or Secretary to approve and execute any documentation necessary to evidence the same. 2. The transfer of the Authority's interest, if any, in the parcels of property comprising • of the 1990 Leased Premises situated in St. Joseph County, Indiana, and described at Exhibit A by the Authority to the Commission on behalf of the City of South Bend, Indiana, Department of Redevelopment shall be, and hereby is, approved by the Commission. 3. The Commission hereby determines that the transfer and release of the Proposed Outlot from the 1992 Lease and the 1992 Trust Agreement does not adversely impact the holders of the 1998 Bonds and will not result in a reduction of the lease rentals owed by the Commission under the 1992 Lease, as the value of the Proposed Outlot is relatively minimal compared to the remaining portion of the 1992 Leased Premises and as the transfer will allow for an significant private investment adjacent to the remaining portion of the 1992 Leased Premises increasing the value of remaining 1992 Leased Premises. The President and the Secretary is authorized to approve the form of and to execute and attest, respectively, and deliver a Third Addendum to Lease and any other documentation necessary to release the Proposed Outlot from the 1992 Lease. 4. The transfer of the Proposed Outlot situated in St. Joseph County, Indiana, and described at Exhibit C by the Authority to the Commission on behalf of the City of South Bend, Indiana, Department of Redevelopment shall be, and hereby is, approved. 5. The President and the Secretary of the South Bend Redevelopment Commission shall be, and hereby are, authorized, respectively, to approve the form of and to execute • and attest an acceptance of a quit-claim or warranty deed or any other instrument necessary to accept all of the right, title and interest in the 1990 Leased Premises and the Proposed • Outlot on behalf of the City of South Bend, Indiana, Department of Redevelopment. Said officers shall not complete the transfer of the 1990 Leased Premises or the Proposed Outlot until the Easement Agreement has been recorded. 6. This Resolution shall be in full force and effect upon its adoption by the South Bend Redevelopment Commission. The transfer of the real estate shall not be effective until a deed is duly recorded effecting the same. ADOPTED at a meeting of the South Bend Redevelopment Commission held at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601 on June 9, 2006. SOUTH BEND REDEVELOPMENT COMMISSION, on behalf of the City of South Bend, Indiana Department of Redevelopment Signature Marcia I. Jones, resident Printed Name and Title South Bend Redevelopment Commission • ATTEST: ign e Gregory S. Downes, Secretary Printed Name and Title South Bend Redevelopment Commission • • EXHIBIT A Legal Description for 1990 Leased Premises • TAXABLE PROJECT DESCRIPTION • The project consists of the following: The construction of Northwest Loop Improvements in the City (1) roximately 1,100 of South Bend consisting of the construction of app rased linear feet of U-shaped roadway separated by a 120 foot q the nedian located along the new a o~ g~omtbackoof cu b to ba k oaf curb overall section width is 40 0„ with a curb and the proposed curb and gutter section is 2` he1ght of 6 inches), lighting, extension of water and sewer lines and appurtenant work, all of such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: NORTHWEST LOOP DESCRIPTION A parcel of land located in the Southwest Quarter (SW1/4) of Section Twenty (20) Township Thirty-Eight (38) North, Range Two (2) East and all being in German Township, St. Joseph County and being more particularly described as follows: C ~ncing at the southeast corner of the Southwest Quarter (SW1/4) 20 thence north, along the north/south c-~id Section Twenty ( ) and also being along the ~::: ;erline of said Section Twenty (20) centerline of a public road now known as Mayflower Road, a distance of 2160 _ 0 feet; thence west, parallel with the so 20h lanaiotance Southwest Quarter (SW1/4) of said Section Twenty ( )~ of 1135.0 feet to a point of curvature of a tangent curve; thence southwesterly, along a curve to the left, said curve having a radius of 800.00 feet and being subtended by a central angle of 43° 18' 35" and also being subtended by a. long. chord having a deflection angle of 21° 39' 16.5" to the left from the preceding an arc _ -- described course and having a length_of 590.42 fee , distance of 604.71 feet to a point of curvature of a non-tangent curve; thence northwesterly, along a line having a deflection angle of 62° 52' 23" to the right from the preceding described course, a distance of 30.13 feet to a point on the northwesterly right of way line of a proposed street and also being the Point of Beginning of this description,_said description being a strip of land 110.00 feet wide and being 30.0 feet on the right and 80.0 feet left of the following described line; thence northwesterly, along a line having a deflection angle of 00' 15' 25" to the left fromoint preceding described course, a distance of 370.00 feet to a p of curvature of a tangent curve; thence west and southwesterly, along a curve to the left, said curve having a radius of 80 . oa f arc and being subtended by a central angle of 180' 00' 00", l~' h of 251.33 feet and also being subtended by a long chord h~g d deflection ang lenoth 9of 160.OOOt'feet~m toh a poe n dlog cribed course and a g ® EXHIBIT D ~~ t ncy of a tangent curve; thence southeasterly, along a line h~g a deflection angle of 90' 00' 00" to th70lOeftfe t mto ha pi_,eding described long chord, a distance of 3 osed street, point on the northwesterly right of way line of a prop said point being the Point of Terminus of this description, the sidelines of said 110: 0 feet w Y e strip being exronosed street Band to intersect the right of wa line of said p p containing 2.298 acres, more or less. (?) The acquisition by purchase or condemnation of parcels of real estate and any improvements thereon in St. Joseph County,. Indiana needed in connection with local public improvements to be constructed in the Airport. Economic Development Area, the payment of expenses that the Redevelopment Commission is required or permitted to pay under IC 8-13-18.5 and the clearance of said parcels of real estate, the location and legal descriptions of said parcels being as follows: • 1 (a) Twenty (20) acres taken off of and from the entire West end of the North One Hundred Nineteen (119) acres taken off of and from the entire North side of the following tracts: The Northwest Quarter (1/4) and the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of Section Twenty-nine (29), Township Thirty-eight (38) North, Range (2) East. (b_) All that portion of the North 119 acres of the Northwest quarter, and the Northwest quarter of the Northeast quarter of Section 29, which lies West of 'the West line of the Northeast quarter of Section 29, Township 38 North, Range 2 East which is located on the West side of Butternut Road; excepting the following parcels: 1) Twenty acres taken off of the West end of said 119 acres. 2) A part of-the North -1-19= acre tract taken off-of and- -.--.-- -- from the entire North side of the Northwest quarter and the West half of the Northeast quarter of Section 29, Township 38 North, Range 2 East, which tract is bounded by a line running as follows, to-wit: Beginning in the center of what is known as Butternut Road at a point, which point is 165 feet North and twenty feet West of the Southeast corner of the Northwest quarter of the Northwest quarter of said Section 29 and running thence West a distance of 264 feet; thence South 165 feet; thence East a distance of 264 feet to the center of said Butternut Road, which point is 20 feet West of the Southeast corner of the Northwest quarter of the -2- \rLh11L\sthbnd\airPort\Senernl\taxable.b;tmg;12-13-90; • Northwest quarter of said Section 29 and thence id Butternut running North along the centerline of sa Road 165 feet to the place of beginning. As recorded in Deed Record 385 Page 129. 3) A lot or parcel of land in the Northwest quarter of Section No. 29, Township No. 38 North, Range No. 2 East, described as follows: vis: Beginning on the centerline of the Butternut Road at a point 165 feet due North of the South line of a 119 acre tracE of land taken off of and from the entire length of the North side of the West three-fourths of the-North half of the North half of said Section No. 29; thence West parallel with the South line of said 119 acre tract a distance of 264 feet; thence Northerly _ parallel with the centerline of said Butternut Road a distance of 140 feet; thence Easterly 263.55 feet to a point in the centerline of said Butternut Road feet Northerly from the place of beginning; 145 _ thence Southerly along the centerline of said Butternut Road, 145 feet to the place of beginning; together with the right to use a road 30 feet in width, North and South, lying North of and adjoining the above described tract for ingress and egress. Containing 57.47 acres more or less, subject to all • legal highways. P subject to easements and rights of way, and current real estate t _s . (c) Part of the Northwest Quarter (1/4) of Section Twenty-nine (29), Township Thirty-eight (38) North, Range Two (2) East, described as follows, to wit: Beginning at a point in the center of the public road running Northerly and Southerly across said Quarter Section, Six Hundred Sixty (660) feet South of the North boundary line of the land formerly owned by William C. Jackson, which point, measured along the center line of said public road, is Six Hundred Seventy-two (672) feet South of said North boundary line, thence West Seven Hundred (700) feet; thence North Two Hundred Eighty and Five Tenths (280.5) feet; thence East Three Hundred Thirty-five (335) feet to the West boundary line of the land now owned by Charles Barwig; thence Southeasterly, parallel with said public road, One Hundred Thirty-Two (132) feet to the Southwest corner of the land of said Charles Barwig; thence East Three Hundred Thirty ( 3 3 0 ) feet to the center of said public road; thence Southerly along the center line of said road, One Hundred Forty-four (144) feet to the place of beginning, in St. Joseph County, Indiana. • -3- \r1hi11\sthbnd\airport\Seneral\taxabLe-b;t~g;12-1J-90; !) A lot or parcel of land in the Northwest Quarter of Section Twenty-nine (29) in. Township Thirty-eight (38) North of Range Two (2) East, Beginning at a point in the center of the public road running North and South through said Quarter Section, Sixteen (16) rods, South of the North Boundary line of the land owned by W.C. Jackson, thence South along the center of said road, Sixteen (16) rods; thence East Twenty (20) rods; thence Northerly parallel with said road, Sixteen (16) rods; thence West Twenty (20) rods to the place of beginning, known as I,ot~- Twenty-seven (27) and Twenty-eight (28)-in W.C. Jackson's proposed Sub-division. (e) A lot or parcel of land containing Three (3) acres taken off of and from the entire length of the West side of the West Half (I/2) of the Southeast Quarter (1/4) Southeast Quarter (1/4)~ of Section Number Nineteen (19), Township Number Thirty-eight (38) North, Range Two (2) East, excepting therefrom that portion of said-premises conveyed to the State of Indiana by a Warranty Deed dated January 11, 1980 and recorded March 20, 1980 as Instrument No. 8004813. That portion of the West Half (1/2) of the Southeast Quarter of Section Nineteen (19), Township Thirty-eight (38) North, Range Two (2) East, lying East of the South • Bend Bypass and lying South of the lands conveyed to the State of Indiana by a Warranty Deed dated January 11, 1980 and recorded March , 1980 as Instrument No. 8004813 and lying North of Cleveland Road. (f) The West half (1/2) of the South East Quarter (1/4) of the South East Quarter (1/4) of Section Number Nineteen (19), Township Number Thirty-eight (38) North, Range Number Two (2) East, excepting therefrom the West Three (3) acres thereof. (g) The East one-half of the North East quarter of Section No. 30, Township No. 38, North, Range No. 2 East. The East one-half of the South East quarter of ,the South East quarter of Section No. 19, Township No. 38 North, Range No. 2 East. The West one-half of the South West quarter of the North West Quarter of Section No. 29, Township No. 38 North, Range No. 2 East. Also a parcel of land containing 1/6 of an acre in the East one-half of the North West quarter of the North West quarter of Section No. 29, Township No. 38 North, Range No.2 East described as follows: Beginning at the North West corner of the West one-half of the South West quarter of the North West quarter of Said Section No. 29; running thence East 40 rods to the Northeast corner of said West one-half of -4- rlhill\sthbnd\airporL\benernl\taznble.b;tmg;12-13-90; the South West quarter of the North West quarter of said Section No. 29; thence North 11 feet; thence West 40 rods to the West line of the North. West quarter of said Section No. 29; thence South 11 feet to the place of beginning, excepting, however, 5.533 acres, more or less, sold to the State of Indiana for road purposes. (h) The West Half (1/2) of the Southwest Quarter (1/4) of Section Twenty (20}, Township Thirty-eight (38) North, Range Two (2) East, excepting therefrom eight (8} acres, more or less, in the Southeast corner thereof, the same being more fully described by metes and bounds as follows: Beginning at the~Southeast corner of the West Half (1/2) of the Southwest Quarter (1/4) of said Section, thence running West Thirty (30) rods; thence - North Forty-two (42) rods and Thirteen and one-half (13' 1/2) links; thence East Thirty (30) rods; thence South Forty-two (42) rods and Thirteen and one-half (13 1/2) links. to the place of beginning, containing after said -exception Seventy-two (72) acres, more or less and, A part of the Northeast Quarter of the Southeast Quarter of Section 19, Township 38 North, Range 2 East, in St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of the Southeast Quarter of said Section; thence South 00° 14' 14" East 170.00 feet along • the East line of the Southeast Quarter of said Section to the True Point of Beginning; thence continuing South - 00° 14' 14" East 1126.02 feet along said Southeast Quarter's East line to a point on the South line of the Northeast Quarter of said Southeast Quarter; thence South 89° 46' 45" West 100.12 feet; thence North 00° 14' 14" West 1009.74 feet; thence North 40° 29' S5" East 153.42 feet to the Point of Beginning. (i) The East One-half (1/2) of the Southwest Quarter (1/4); and A tract out of the Southeast corner of the West Half (1/2) of the Southwest Quarter (1/4) described as Thirty-four (34) rods North and South by Fourteen (14) rods East and West; and South Thirty (30) acres off of and from the East One Hundred Twenty (120) acres of the Northwest Quarter (1/4) ; and A part of the Southwest Quarter (1/4) of the Southwest Quarter (1/4) described as commencing at a point on the South section line Fourteen (14) rods West of the Southeast corner of the Southwest Quarter (1/4) of the Southwest Quarter (1/4), thence West Sixteen (16) rods; thence North Forty-two (42) rods Thirteen and One-Third • -5- -1hi11\sthbnd\eirport\8enerel\texnble.b;tmg;12-13-90; 30 rods; thence (13 1/3) links; thence East Thirty ( ) South Eight (8) rods Thirteen and One-third (13 1/3) links; thence West Fourteen (14) rods; thence South Thirty-four (34) rods to the place of beginning; all of which described lands are located in Section Twenty (20) Township Thirty-eight (38) North, Range Two (2-) East. Excepting therefrom 35.4 acres described Ran e 12wEastA part of Section 20, Township 38 North, g bounded and described as follows: __ • • Tract No. l: Beginning at the center point of said section, the same being the center of the Mayflower Road; thence Southerly along the East line of the Southwest Quarter of said Section 427 feet, to a point 650 feet Southerly measured at right angles from the Center line of the Indiana East-West Toll Road (A centerline survey Map of which is on file in the office of the Recorder of St. Joseph County, Indiana); thence North 89 degrees 52 minutes 23.3 seconds West distant 605.99 feet to a point 650 feet southerly measured at right angles- from Centerline Station 4049+62 of said Toll Road; thence North 0 degrees 07 minutes 36.7 seconds East distant 428.80 feet to the North line of the Southwest Quarter of said section; thence Easterly along the North line of the Southwest Quarter of said section to the place of beginning. Tract No 2: The South 30 acres of the East 120 acres of the Northwest Quarter of said section Leaving a balance of 82.6 acres. (Parcel No. A-6 (XL) A part of the Southwest Quarter of the Northwest Quarter of Section 20, Township 38 North, Range 2 East, in St. Joseph County, Indiana, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 20; thence South 89°-51'-58" East 1305.71 feet along the South line of the Northwest Quarter of said section to the true point of beginning; thence continuing South 89°-51'-58" East 671.7 feet, more or less along said Northwest Quarter south line to a point on the west property line of Service Area ~`4 South which point is 220 feet south of and at right angles to Station 4049+62 of the Indiana East-West Toll Road (a Centerline Survey Map of which is on file in the office of the Recorder of St. Joseph County, Indiana); thence North 0° -07' -36.7" East a distance of 40 feet to the south right-of-way line of the Indiana East-West Toll -6- t1hiL1\sthbnd\airport\6enerol\tnxnbLe.b;tmg;12-13-90; Road; thence North 89' -52'-23" West 412 feet along said south right-of-way line said point being 180 feet south of and at right angles to Station 4045+50 on the Indiana East-West Toll Road centerline; thence North 0' -07' -36.7" East a distance of 30 feet to a point which said point is 150 feet south of said Station 4045+50; thence North 89' -52'=23" West along said south right-of-way line a distance of 259.7 feet, more or less to a point; thence South 0' -07' -36.7" West a distance of 70.16 feet to point of beginning, containing 0.8 acres, more_ or less, and which is a part of Parcel 62-A-3 (XL). This tract is subject to a pipeline easement in favor of the Standard Oil Division of Amoco-Oil Company; said pipeline was to be built within 50 feet of the south line of the Northwest Quarter of said-Section 20. (j) Part of the South East quarter of the South East quarter of Section No. 28, Township No. 38 North, Range No. 2 East, bounded by a line running as follows, viz: Beginning at a point on the East line of said Section, which point is 895 feet North of the Southeast corner thereof; running thence North on said East line 16 rods (264 feet); thence West parallel with the North line of said Section 10 rods (165 feet); thence South parallel with said East line 16 rods (264 feet); thence East 10 • rods (165 feet), to-the place of beginning, containing one acre, more or less. C7 -7- \L~•-~1\sthbnd\airport\genarnl\tazeble.b;tmg;12-13-90; t TAX EXEMPT PROJECT DESCRIPTION '.~~ne project consists of the following: (1) The construction of Mayflower Road-Improvements in-the City of South Bend consisting of the widening and resurfacing of the roadway and appurtenant work, all of such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: =-- MAYFLOWER ROAD NORTH OF OLD CLEVELAND ROAD DESCRIPTION - A part of Section Twenty (20) , Township Thirty Eight (38) North, Range Two (2) East and situated in the County of St. Joseph and State of Indiana, more particularly described as follows: Commencing at the Northwest Corner of the Southeast One-Quarter (1/4) of Section Twenty (20) Township Thirty-Eight (T 38 N) North Range Two (R 2 E) East, and running in a southerly direction along the North-South centerline of Section Twenty (20) a distance of four hundred twenty-seven (427) feet to the Point of Beginning; t nce in a southerly direction along the North-South. centerline ,ection Twenty (20}, a distance of two thousand two hundred eteen (2219) feet, thence running in an easterly direction, Ong the South Line of said One Quarter (1/4) Section a distance of thirty (30} feet, thence running in a northerly direction on a line thirty (30) feet East of and parallel to the North-South centerline of Section twenty (20) a distance of one thousand eight hundred sixty nine (1869) feet, thence running North four degrees twenty-nine minutes fifty-three and seven-tenths seconds (N 04' 29' 53.7" E) East a distance of three hundred fifty one and twenty-eight hundredths (351.28) feet, thence running North eighty-nine degrees fifty-two minutes twenty-three and three-tenths seconds (N 89° 52' 23:3" W)" West a distance of sixty (60) feet to the Point of Beginning, excepting therefrom that portion thereof lying within the bounds of Mayflower Road as now established. The above description referenced to Book 538, Page 317 of the St. Joseph County Recorder; and MAYFIAFTER ROAD NORTH OF OLD CLEVELAND ROAD DESCRIPTION A Part of Section Twenty (20), Township Thirty Eight (38) North, Range Two (2) East and situated in the County of St. Joseph and State of Indiana, more particularly described as follows: ~~ning at the intersection of the centerline a line drawn parallel to and distant 650 of Mayflower Road feet Southerly of easured on a line normal to the centerline of the Ind-iana ~st-West Toll Road as shown by plat recorded in the St. Joseph 'ounty Map Records; thence Southerly along said centerline to the _ntersection of the Northerly right of way line of Cleveland Road; thence Westerly along said Northerly right of way line, distant 30 feet; thence Northerly in a straight line to a point distant 30 .feet Westerly measured at r-fight angles to said centerline from a point thereon, distant 1000 feet Southerly, measured along said centerline from its intersection with the aforesaid Toll Road centerline; thence Northwesterly in a straight line to the intersection of the aforesaid parallel line, said point of intersection 60 feet Westerly, measured at right angles to said centerline of Mayflower Road; thence Easterly along said parallel line to the Place of Beginning. The above description referenced to Book 538, Page 504 of the St. Joseph County Recorder. (2) The construction of Brick/New Cleveland Road Improvements in the. City of South Bend consisting of. extension of water and sewer lines, installatio-n of a sanitary sewer lift station, widening and repaving of Brick Road from New Cleveland Road east for approximately 900 feet and appurtenant work, all of such construction and related improvements to be made on the following described real estate acquired or to be acquired by the Authority: BRICK/NEW CLEVELAND DESCRIPTION <?'hat part of the Southwest quarter of Section 17 and the Northwest quarter of Section 20, T. 38 N. R. 2 E. German Township, St. Joseph County, Indiana which is described as: Beginning at the Southwest corner of said Section 17; thence North 00 deg. 04 min. 03 sec. East along said line, 20.00 ft.; thence South 89 deg. 39 min. 06 sec. East, 329.03 ft.; thence North 00 deg. 22 min. 38 sec. East, 20.00 ft.; thence South 89 deg. 39 min. 06 sec. East, 60.00 ft.; thence South 00 deg. 22 min. 38 sec. West 20.00 ft.; thence South 89 deg. 39 min. 06 sec. East, 138.00 ft. thence North 00 deg. 22 min. 38 sec.. East, 20.00 -f t; thence South 89 deg. 39 min. 06 sec. East, 375.53 ft.; thence South 00 deg: 09 min. 31 see. West, 60.00 ft.; thence North 89 deg. 39 min. 06 sec. West, 542.40 ft.; thence South 00 deg. 35 min. 00 sec. East, 158.02 ft.; thence North 89 deg. 39 min. 06 sec. West, 361.78 ft.; thence North 00 deg. 00 min. 30 sec_ East along the West line of Section 20, 178.00 ft. to the Point of Beginning. (3) The construction of Point Viridian Improvements in the City of South Bend consisting of the extension of the existing Viridian Drive for approximately 550 linear feet including curbs, lighting, -2- \r1hi11\sthbnd\airporG\Senernl\Lazezamp-b;ting;l2-13-90; si e, landscaping, drainage, striping; all of sucaescribedcreal an~lated improvements. to be madebont ee Authorit y est ~ acquired or to be acquired y VIRIDIAN DRIVE A part of the Southeast Quarter of Section 28, Township 38 North, gauge 2 East, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner. of said quarter section; thehee West 40.00 feet to the west boundary of Bendix Drive; thence North 00 degrees 02 minutes 06 seconds West and parallel with the east line of said quarter section 588.12 feet; thence northwesterly 90.13 feet along an arc to the left and having a radius of-65.00 feet and subtended by a long c ~° Sa and na length log 83.08 feet9 degrees 45 minutes 35 seconds thence northwesterly 123.15 feet along an ar a lonthchord having having a radius of 290.00 feet and subtended by g _ a bearing of North 67 degrees 19 minutes 08308 34 dfeetealongdan length of 122.23 feet; thence northwesterly arc to the left and having a radius of 506.97 feet and subtended by a long chord having a bearing of North 7then ge West4457nOlefeet seconds West and a length of 303.61 feet, to the point of beginning; thence northwesterly 376.93 feet along an c to the right and having a radius of 480.00 feet and su~ded by a long chord having a bearing of North 67 degrees 32 m >.,es 20 seconds West and a length of 367.32 fee~hencenNorthr00 45'x-:°=agrees 02 minutes 33 seconds West 65.14 feet% thence South 51 degrees 21 minutes 33 seconds East 226.80 feet; degrees 11 seconds 07 minutes East 51.08 feet; thence South 00 degrees 21 minutes 33 seconds West 34.28: feet; thence Southeasterly 166.44 feet along an arc to the left and having a radius of 210.00 feet and subtended by a long chord having a bearing of South 22 degrees 20 minutes 47 seconds East and a length of 162.12 feet; thence southeasterly 314.04 feet along an arc to the left and having a radius of 400.00 feet and subtended by a long chord having a bearing South 67 degrees 32 minutes 42 second oint ofnbeginningh of 306.11 feet; thence South 80 feet to the p containing 0.951 acres more or less. Said tract of land is subject to sanitary sewer and storm drainage easements of record. (4) The engineering design work for Realigned Old Cleveland Road, Phase I (Section 3) consisting of preliminary engineering design, final construction drawings, preparation of specifications and bid packets and appurtenant work, all of such engineering work for public improvements to be made on the following described real estate acquired or to be acquired by the Authority: t -3- \rlhill\sChbnd\airport\general\Lasezomp.b;tmg;12-13-90; R-EALIGNED OLD CLEVELAND ROAD PHASE I (SECTION 3) DESCRIPTION An 8o f"oot wide parcel of land located in the Southeast Quarter (SEl/4) of Section Nineteen (14), the Southwest Quarter (SWl/4) of Section Twenty (20), the Northwest Quarter (NWl/4) of Section Twenty Nine (29), and the Northeast Quarter (NEl/4) o-f Section Thirty (30) all in Township Thirty Eight (38) North, Range Two (2) East and all being in German Township, St. Joseph_County, the centerline of which is described as follows: Commencing at the southeast corner of the Southwest Quarter (SW1/4) of said Section Twenty (20);.thence West,-along the south line~of said Southwest- Quarter (Sw1/4)~ also -being the approximate centerline of a public road, known as Old Cleveland Road, a distance of 3000.00 feet to the Point of Beginning of the centerline of this descript-ion; thence East, along said south line of the Southwest Quarter (SW1/4) also known as the approximate centerline of Old Cleveland Road, a distance of 270.00 feet to the point of curvature of a tangent curve to the left, said curve having a radius of 800.00 feet and an internal angle of 90 ° 00' oo"; thence along said curve, Easterly, Northeasterly and Northerly an are length of 1256.64 feet to the point of tangency of said curve; thence North, parallel with the east line of said Southwest Quarter (SW1/4) a distance of 560.00 feet to the point of curvature of a tangent curve to the right, said curve having a radius of 800.00 feet and an internal angle of 90 ° 00' 00" ; thence along said curve, Northerly, Northeasterly and Easterly an arc length of 1256.64 feet to the point of tangency of said curve, thence East, parallel with the south line of said Southwest Quarter (SW1/4) a distance of 1130.00 feet to the intersection with the centerline of a public road, known as Mayflower Road, said intersection being the Point of Terminus of the centerline of said 80 foot wide parcel. said parcel description excepting out any existing public rights of way and being subject to -a-1-l-existing easements and leases of public record. - (5) The engineering design work for Realigned Old Cleveland Road, Phase II (Section 4) consisting of preliminary engineering design, final construction drawings, preparation of specifications and bid packets and appurtenant work, all of such engineering work for public improvements to be made on the following described real estate acquired or to be acquired by the Authority: • \rlhill\sthbnd\eirporL\generel\Lazezemp.b;tmg;12-13-90 ROAD PHASE II (SECTION 4) REALIGNED OLD CLEVELAND , DESCRIPTION An 80-foot wide parcel' of land the SoduthwesteQuartera (SWQ/4rtof (SE1/4) of Section Twenty (20) , Ny71 4 of Section Twenty One (21), and the Northwest Quarter ( / ) Section Twenty Eight (28) all in Township Thirty Eight (38) North, e Two ( 2 ) East and all being in German Township, St . Joseph Rang County, the centerline of which is described as follows: Commencing at the Southwest corner of the Soualon s the east line of • -thence North, g o-f said Section Twenty (20), roximate said Southwest Quarter (SWl/4), also -being the app centerline of a public road, known as Mayflower Road, a distance of 2160.00 feet to the Point of Beginning of the centerline of this description; thence East, parallel with the south line of said Southeast Quarter (SE1/4), a distance of 1580.47 feet to the-point -of curvature of a tangent curve to the right, said curve having a radius of 800.00 feet and an internal angle of 66° 00' 00"; thence Easterly and Southeasterly along a curve an thenceng outheasterly feet to the point of tangency of said curve reviousl described along the projected forward tangent of thoelp of curvature of a e a distance of 1325.35 feet to the p ent curve to the left, said curve having a radius of 800.00 t and an internal angle of 66° 00' 00"; thence along said curve '-theasterly and Easterly an arc length of 921.53 feet to the point of tangency of said curve also being to c 1 int Said eparcel of the centerline of said 80-foot wide p description excepting out any existing public rights of way and being subject to all existing easements and leases of public record. (6) The engineering design work for Old Cleveland Road From Mayflower Road To The Industrial Park (Section 5) consisting of preliminary engineering design, final construction drawings, preparation of specifications and bid packets and appurtenant work, all of such engineering work for public improvements to be made on the following described real estate acquired or to be acquired by the Authority: OLD CLEVELAND ROAD FROM MAYFLOWER ROAD TO THE INDUSTRIAL PARK (SECTION 5) DESCRIPTION An 80-foot wide parcel of land located in the South Half (S1/2) of -5- \rLhi11\cthbnd\airport\SeneraL\tnz ex ecsp.b;tmg;12-13-90; Section Twenty One (21) and the North Half (Nl/2) of Section Twenty ht (28) all in Township Thirty-Eight (38) North, Range Two (2) ~t and all being in German Township, St. Joseph County, the lterline of which is described as follows: Commencing at the southwest corner of the Southeast Quarter (SE1/4) of Section Twenty (20), Township Thirty Eight_(38) North, Range Two (2} East, also being the approximate intersection of a north-south public road, known as Mayflower Road and an east-west public road known as Old Cleveland Road; thence East along the south line of said South Half (S1/2) of Section Twenty (20) and the south line of said South Half (S1/2) of Section Twenty One (21), also being the approximate centerline of said Old Cleveland Road a distance of 3681.22 feet to the Point of Beginning of the centerline of this description; thence continuing along said approximate centerline of Old Cleveland Road, also being the south line of said South Half (S1/2) of Section Twenty One (21), a distance of 2130.00 feet to the Point of Terminus of the centerline of said 80-foot wide parcel. Said parcel description excepting out any existing public rights of way and being subject to all existing easements and leases of public record. • • -5- ~~111\sLhbnd\elrporL\8enerel\Laz ez emp.b;tmg;12-17-90; "'~~, ~ ~~. ~~~ n., c; r• '~ 9;3U49~.~ s ,.. ,.,, r '- ;' t SECOND ADDF~IDUM To LEASE Fps 16 iii ,,o b~ '~3 ~ ,f . 54U'I`ii BENF} REDEVET.OFf*IF..HT AI3TH4f2ITY fi0 - ' ~ SDt3TH BEND F2$DEVELOPMENl' cortrs~sSiaH fl :-,. ~ J (Airport Economic Development Area ,i Public Improvement Project and ~ K..w.~'' Taxable Improvement Project) ~ ,~ 7 'THIS SECOi~D ADDENDUM, made and entered rata this 5th day of February, 1993, by and between the South Rend t~edeYelflpment Authority, a body corporate and politic organized and existing under Indiana CodA t 3s-7-14.5 (hereinafter with its successors and assigns referred to as the "Authority"), and the South Rend Redevelopment Com~nissior., the i gosterning body of the South Bend Department of Redevelo(xnent and the i Redevelopment District of South Bend, Indiana (hereinafter called the ~ "Lessee"}, WITtt~,SS ETH In consideration of the mutual covenants herein contained #~t is agreed that the Lease {7~irport Ecor~amrt, I?e~rel.cp~nent Ar~r~ ~~,:blic Improvement Project and Taxable Improvement Prolecty previously • entered into between said parties as o€ the frrst day of August, 199n, as amended and restated on December 1, 1990. shall }3e further amended as fallaws: 1. Section 2 of the Lease shall be and hereby is amended to read s as follows: I Section 2. Lease of Project. In consideration of ' the rentals anti other terms and cpnditions herein ~ specified the Authority does hereby lease, demise and let to the Lessee the Project: T4 H71vE AHD TO ~ f:JLD the same with all rights, privileges, easements and appurtenances therevnta belonging unto the Lessee for a term beginning on the date of execution of this Lease, and ending on the day f Prior to such date twenty-two {22) years thereafter. However, the term of this Lease shall terminate at the earlier of ta} the exercise of the option to purchase by Lessee and payment of the option price, or (ti) the payment or defeasance of all obligations of Lessor incurred (i) to finance { the r_ast of the leased property, {ii} to refund such obligations, (if.) to refund such refunding ` obligations, or (ivJ to improve the leased groperty. The dates the Tax-Exempt Project and the Taxable project are complete and ready for use shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be EXHIBIT • l~ • done after such completion dates and such endorsement shall be re:orded as an addendum to this Tease. The Authority hereby represents that it is possessed of, or will acquire, a gaud and indefeasible estate in fee simple or an insurable right-af-way easement subject only to Fermitted Encumbrances, to the above-described real estate, and the Authority warrants and will. defend the same against all claims whatsoever not suffered or caused by the acts ar omissions of the Lessee. 2. Section l4 of the Lease is amended by deleting the entire text b£ said 5ectiot~ 14 and substituting the €c.~llowing as the text of Section 14: • Section l4. Uption to Purchase. (a) Tax- Exempt Fraject. The Authority herek~y grants to the Lessee the right and option, on any rental, payment date, upon thirty day$' written notice tc~ the Authority, to purchase the Tax-Exempt F~oject at a price equal to the amount required to enable the Authority to provide €or the redemption of all outstanding T~;x-exempt Bonds, all premiums payable an the redemption thereof, and accrued ar~d unpaid interest thereon, and to pay the cost of redeeming the Tax-Exempt Bonds and liquidating the Authority if it is to be liquidated. zf the Lessee exercises it option to purchase the Tax--;~xemgt Project, the Lessee shall pay to the Trustee thact portion of the purchase puce which is required to provide far the payment o€ all Tax-Exempt Bonds, including all premiums payable an the redemption thereof, accrued and unpaid interest thereon and costs of redertptign thereof. Such payment shall not be made until the Trustee gives the Lessee a written statement that such amount will be sufficient t4 retire all Ta,x-Exempt Bonds including all premiums payable on the redemption thereof and accrued and unpaid interest. The remainder of such purchase price, if any, shall be paid by the Lessee to the Authority. (b) Taxable Project. The Authority hereby grants to the Lessee the right and option, an any rental payment date, upon thirty days` written notice to the Aut~cU"ity, to purchase all of a pant cf the Taxable Project. If the Lessee determines to purchase all of the Taxable Project, the purchase pricQ shall e+~~tal the amount required to e~-able tha Authority to provida far the • iedemptian o€ akl outstanding Tax-Exempt Bands, X11 prern~ums payable an the redemption thereof, and accrued and unpa~.d ~.nterest thereon, and to pay the cost of redeeming ehe Tax-E.xeiupt 3onds ann -2- • liquida::~ r~q the Authority if it is to to lrquidate~'. The Lessee sha3.1 pay tc the Trustee that portion of the purchase price ~,tich is required ,a provide for the payment of all flax-Exernpr Sonds, including all premiums payable on the redemption thereof, accrued and unpaid interest thereon and costs of redemption ti~ere ~f . Such payment shall not be made until the Trustee gives the Lessee a written statement that such amount will be stiff iciest to retire all Tax~Exempt Bonds including all. pYemillTns payable on the redemption theraaf and accrued and unpaid interest. The remainder of such purchase pr~.ce, if any, shall be paid by the Lessee to the Authority. If the ~,essee determines t4 purchase a part of the Taxable Project, the gurc~tase price shall be equal to the amount determined by the Authority to be required to redeem a corresponding amount of the outstanding Taxable Bands, including all premiums payable op the redemption thereof, accrued and unpaid interest thereon and the casts of redemption thereof. The Lessee shall pay to the Trustee that parti.on of the purchase price which is required to provide far the payment of the amount of the Taxable Sonds identifying by the Authority including all premiums payable on the • redemption thereof, accrued and unpaid interest thereon and the casts of redemption thereof. Such payment shz~ll not he made until the Trustee gives to the Lessee a written staterr~ent that such amount shall be sufficient to retire the amount of Taxable Sonds identif#.ed by the ?authority including all premiarns on the redemption thereof ind accrued and unpaid interest. The remainder of r_he purchase pried, if any, shall be paid by the Lessee to the Authority. Upon request to the Lessee, the Authority agrees to furnish an itemized statement setting forth the mounts required to be paid by the Lessee on the next rental payment date in order to purchase the Tax-Exempt Project and~or all or a part of the Taxable Project in accordance with the preceding paragr¢phs. Nothing herein contained shall #~e construed to provide that the Lessee shall be under any obligation to purchase the Projects, or under any obligation in resgect to any creditors or bondholders of the Authority. if the LesseC has not exercised its op*.lan to purchase the 'Pa:~-Exempt Project 4r has not exercised ,its option to purchase all or part of the Taxable Project, at the expiration of the term of the Lease and upon the full. discharge and perf4rrnance by the Lessee of its obYigations under • this Luse, the Aukhori.ty s:~ali ext~cute a deed of • the Tr ~-Exempt Project ~.^.d a~ 1 r~r ti1E~ ~em~~i~ifrrq part o€ the fiaxahie Project tc~ the Y.essee conveying good and merchantable titlo thereto, subject only t'~ the Ferroitted Encumbrances. 3. Exhibit B tc~ the Lease - Taxable Project E~escription - shall be and hereby is amonded by arnend~n~ tho scope flf the work to ae performed under (1 ~ of Exhibit S to protride as fc~l.lflws (1) Ttte engi.neerinq design of Northwest Lapp Fmpxovements in the City of South B,~nd consisting of the design o€ apgroxirnate~.y 2100 linear Poet of Lt-shaped roadway separated by d 124 foot c~rassec~ median laGated clang the new alignment cf old Cleveland Road, (the overall. width to be 90'-4" from hack of curb to back of c~ztb and the proposed curb and gutter section is ~'-~" w#.th a curl height ref fs inches} , lighting, e~tter~sion of water ar~d saver lines and appurtenant work, a13. of such construction and. related improvements ~rhen made, to be made an the following described real estate acquired or to be acquired by the Authority: with tt-=~ Northwest Loop Description contained at (1} of Exhibit B to rezYUt i n unchanged . 4. E~•hibit B to the Lease ~ Taxable Project Description - shall ~be and hereby is amended by adding four {4} additional parcels of land dnd any improvements thereon situated in St. Joseph CauntY, Indiana, and needed in connection with local public improvements :a ~ constructed in the Airport Economic b~eveloprter3t Are~-, tc~ (2} of Exhibit B which shall be added as parag,taph (k?, which shall read as follows: (k} (1} Lot 5 - A parcel of land in the Northeast Quarter o€ Section 2i, ~'ownship 38 Morth, P.ange 2 E,;tst, German Township, St. Josepf. County, Indiana, and described as being l,ot 5 0#' the Toll Road Industrial Park - Seotiott ~'hree, recorded under instrument number $717344, dated June ~, 1987 at the oi'fice of the Retarder of St« Joseph County, Indiana, and ~t~ntaining 2,3634 acres, more or less, and is subject td a}.l easements, restrictions and covenants of xecor~i. (2} Lot 11 - A parcel of lend in the Northeast Quarter of Section ~l, Township J8 ~Iarth, Mange 2 East, German Township, St. Joseph ~c~unty, Indiana, and described as being Lot 11 cif Tall F~aad Industrial Park - Section 6, as retarded under instrument number ~90$57U, dated April 7, 1g89r at the office r~€ the Recorder of St. Joseph County, Indiana, and containing 3.7'178 acres, more ar less. and is subject to all easeu~ents, restrictions and covenants of retard. -4- a~ {~} I.ot 15 ~ A parcel of land in the Northeast Quarter of section 21, Township 38 North, Range 2 Ea3t, Berman ~'ownsh?p, St. Joseph County, Indiana, and described as being I,ot 15 of Toll Road Industrial Fark - 5ectior 6, as recorded under instrument number 8906570, dated Apral 13, 1989, at the office of the Recorder a€ St. Joseph CQUnty, Indiana, and containing 14.5683 acres, mare ar less, and is std~jeGt to all easements, restrictions and covenants of record. {q} Got i8B - A parcel of land in the Northeast Quarter of Section 21, ~'ownship 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as be.ing Lvt 18B of Gainey's Replat o€ F.ot 2t} - Section One and dot 18 - Section 6 a€ the Tall Road Industrial Park, a~ recozded undex instr~nent number 9024253, dated October 19, 1990, at the office of the Recorder of St Joseph County, Indiana, and containing 33.143? acres, rm:re ar lass, arzd is subject to all caser.~ents, restrictions and covenants of revvrd. 4s 5. E~thibit C to the Lease - ~'ax Exempt Project Iescription - { shakl be and hereby is amended by d~rleting the description, under { 21 s of 8xhihit C, the Brick/~Iew Cleveland Road construction, as cane of the f items of which the 9ro3eot consists, and substituting at {2} of ~t Exhibit C, the fallowing: {2} The eonstruvtron of Quality Dtive Road Tmproveirtents in the City of South Bend consisting of the construction of a~}tax:~tptiy 1000 linear €eet a" roadwa~ tetnii~tatit~g in a cul de sac. The right of stay to be sixty feet i6{?' } wide, meeting the City a€ South Bead standard for a "Collector" street. Pavethent to be thkrty-six feet (36') back to back of curb. The pa4er~ettt w; ll be concrete, Tr?r`#.c lares for acc4leratian and deceleration of entering and exiting vehicles to be constructed at Quality Drivz's intersection with Brick Road. Storm sey~ers to be constructed to dr~ir- the roadway to a r~arural depression near tyre north end or the ro~3wuy. Lxtensia~i v€ water lines and appurtenant work, all such cvnstrttctivt~ and related improvements to be made vn the fallowing c`escribcd real estate acquired ar tU be acquired bit the Authccity: QUALITY BFtIVE f?OAD DES~.nIATIOt~t Sixty fact right- _.-way in ~,at}.intar~ Business Park in the North half of Section lg, 'Iowt.ship 38 North, Range 2 Bast, City of 5o+~t~- Send, Ge~~tan Township, St. Joseph County, Indiana as recaYc~'d rxnder instrument numhzr °'3821, da*ed October s=' 1952, 1n the Office ~f the Retarder, St. Joseph you-t1ty, Indiana. -5- 5. Exhinit C t~o the t~ea~e - Tax Exempt project 4}escrigt3on - sstall be and hereby is amanded by adding ar; additional item to the list of items of which the Prgjcct consists, paragraph {S.~} which shall read as folloirs {5.1) The engineering design work for redesigned Realigned old Cleveland Rflad, Phase I1 (Scotian 4~ consisting of pre2imina=y engineering design, final canstructian drawings, prcparatioA of specifications a.~ bid packets and appurtenant ~rc~rk, ali such engineering work for pu3~lic i3npiovcineuts to ~ made on the. falla-,aing dcscribcs3 real estate acquired or to be acquired by the Authority: REDESIGiiffi) RE7thYG2dEi] U3,~D CI=EV£~AHD ROAD PHASE, II ( SECTI4~i d ) DFSCRI PTiCtN A pair of Fhe SoutY~east Quarter {SE Ild) of Section 20, the South Half {S 1J2) of Section 21, and the Northeast Quarter {NE 2J4) o£ Section 28r Township 3$ North, RdngC 2 East, German Township, 5t. ~7oseph County, Indiana, a31Ci D4pre partj.cularly described as £ollrnts: Co~xaencinq at the Southwest corner of the southeast Quartet {SE 1.14y a€ seetivr~ 20; thence Korth bQ•19'S~'' Nest, along the west line of said Quarter S+~ction, 2135.00 €eeti: thence Barth 89.40'07" East 7$.Sb feet to the True Paint of aeginninc7 of thus description; thc~tce Natth 00°19`53" West 40.Ob feet; thence~itarth 89'4Q`Q7" Bast 1185.92. feet to the point of GuzvatuXC of a tangent curve to the right having a radius of 1640.00 feet, and a central angle of 30°19'46"; thane sQUthcrly and easterly a7.ong said curve $68.1.3 feet; thnncn south ba•Oa'07" East 3378.24 feat to the paint of curvature of a ta_ngeht curve to loft, having a radius of 156U.00 feet and a cetlt-ral angle of 30°38'4?"; thence southerly and easterly along said curve $34.3. f_et; thence Korth 89.21`06" East parai].el to the South ling of the Southeast waiter {S~ 1J4) of Section 21, 286.57 feet to the East line of the prapeXty described as FaxCel I pf Deed ReCard 781$352, recorded the 25th day a£ August, 178, of the Recprds of St. Joseph Cous-t~~, Indiana; thence South 00.38`54" East alo~ig sa~.d line, 4fi.OD feet, tQ the south 1~.nC of said Section 21; thence South 89°21.`06" West, along the South line of said Seativn 22, 502.00 feet to the West line of Airport Industrial Park, PhaSP. IV thence South 00°38`541` East along said line, 24.00 feet to the south Right-of-Nay of Uld Cleveland ~?oad; thence south 89.21'0b" west along said Right-of-Nay i - ^~ 329.D4 fact to the West lino of the Northeast Quarter iN~ 1/4} of Section 28; thence South 89'22'1"7" west along said Right-af-way 205.04 feet; thence North 00.37'43" ~7est 165.53 feet to the paint of curvature of a curve to the right having a radius of 164Q.40 feet, a chord bearing Nvxth 61°45`00" Nest and a chord length of 1{}(}.05 feet; thence northerly aid westerly along said curve IOQ.p7 feet; thence North 6Q'00`Q7" West 3378.29 fret to the paint of curvature of a tangent curve to the left having a radius of kSbQ.QO feet, and a central angle of 3Q'19`45"; thence northerly dnd weatezly along said curve 825.78 feet, thettce South 89°44'07" West 115.91 feet; thence Nartt~ 00'l9'53" Host 40.00 €eet to ~ the Faint of Bag3.Anirag, Contai4ing 12.48 acres, more or less. 7. E?xhibit: C to the Lease - fax--Exempt Prefect F3c.scription - shall b'e and hereby is arncndcd by adding an additionai item to the list of items pf which the Project consists, paragraph {71 which stzall Peat] as fr~llaws: 1 {7} The engineering design work for the Sludge ~ Farm Access Road consisting o€ preli.tainary engineering design, final construction drawings, preparation of specifications and bid packets and appurtenant work, all such engineering work far public impraveraents to Yxs made, wher- made, on the tallawing described real estate acquired ar to be acqu,ircd hY the ~-uthoi ity: SLt7I~F; FARM ACCESS F{OAD A parcel of land, located in the south half {s L/2} of khc~ Southwest Quarter {5W 1/4} a€ Section Z1, and the North Half {N 1/2} of the Northwest Quarter (1/~l} of Section 28, Totitnshig 38 N4rth~ Range 2 East, German xownship, St. Joseph Critinty, Indiana, and more par+-iculaxly described as follairs: Ccxranencinc3 at the Southwest corner of Section 21; thence North $9°22'17" Erik 1351.22 feet; thence South Oa'37`43" East 20.40 tQ the South Flight-of-Nay a€ old Cleveland Aoad and the Truc Point of Beginning of this description; thence South 89'22`17" West, parallel ko the North line of the Northeast Q~,tarLer {NS lf4} of Section 28, 30.OQ feet; thence North 40'37'#3" Nest 55.00 feet to the point of curvature of a tangent curve to the right, having a radius of 1307.31 foot and a central angle of 30°37'37"; thence northerly and easterly along said curve 698.81 fact to the South Right-cif-way of F`. Jay Nimtz Pa..rkuay {NiI~TZ}; • .- .. -..~.. tnencc south 60'00"47'' East along said Right-af-Way, 6Q.04 £oet to the point of curvature of a curve to the left, having a radius c;f 1247.31 feet, a chard 1~earltiq o€ south 14' 41' 05" West .'end a chord length of 6 3.82 feat; thence southerly a,~d westerly along said curve 666.73 feet; therYCe South 00'37`43" Bast 56.00 feet to the South Right-of-4~ay of Old Gle~~eland Roads thence South 89'22'17'' West, parallel tc~ the North line d£ said ~ quarter section, 3Q.G0 fact to the Foint of Beginning. Cat~tal..u.ing 1.02 acres, mare or less. ~ and also A parcel of land, located in the south half {S 1!2) of the Southwest Quarter iSW 114) of Section 21, and the North Half (N 112} of tha Northwest Quarter (1141 of Sccttan 2S, Tawnst-ip 38 North, Range 2 Erik, German '~oxnship, St. "Iaseph GQUnty, Indiana, and more particularly described as follaas: • Cotrrnencing at the Soot: Est carncz of Sectlan 21; thence Korth 89.22'17" East alcnq the South lino cf said Sectivr~ 21, ?381.22 feet Ca the East line of the above-described parcel acid the True Roint of Beginning of this description; thence South 06.37'43" East 20.00 feet; thence Barth 69'22'17" East, parallel to tho South line of said Section 21, 825.05 €eeC to the point df curvature of a tangent curve to the left, having a radius of 6U.00 feat and a central angle of 240.OQ'Ofl"; thence beginning northerly and easterly clang sa;d curve 251.33 feet to the point of cuxvaturo Qf a tangent curve to the right, having a radius of 100.00 feet and a central angle of 54*OQ'aQ"; thence southerly a.nd +~resterly along said curve 104.72 feet= thEncc South 89.22'].7" West, parallel to the south line of said Section 21, 686.44 feet; thence South Ot}°37' 43" East, ala~tg the East line of the above described parcel, 20.00 feet Co the Roint of Beginning. Coutc;:,zsug 1.0 acres, ire or less. $. The parties hezGtb ackna'~ledge that all rernatintnc3 kcrms, covenants, and conditions as set forth in the F,ease between the garti:es hereto and executed as a£ the first day of Iluqust, 1990, shall rcrnai.n in full farce and effect. t xK ~ttTNBSS Kf-1F..~t80I~, the parties hezeta have paused this Second Addr~ndusn to Lease to be executed for and on their behalf osa the d,ay and year first hereiua~ve written. A T: D.-~nald ~eWCll, Secrekary ATTEST: ]~ Thca F. Sharp, Secre,~ary STATE OF 1NDI a,N~s } } SS: COUN'T'Y OF ST. J0.SF.pH } SOIPT~i BEND RF.BEV~f~OP~l.EtiT AUTNdRI`£Y 1 By: Jos b c::ivxskL, President S~JUTH ~Ei7EVF.~APNiEN1 CO~SSS-ION Paui~ N. Aubursl, Pre$idc~gt Before me, the undersignc~, a Notary Public ie and for sa7ld State, persot~a~liy appeared Joseph Nroblcuslcl and Eaonald Fe~cll, personally known by me to be the President and Secrettzzy, respectively, of the South Bend Redevelopment Authority, at7d acknowledged the execut;an of the faregczinq Second AddenduuY to Lease far and on behalf of said Authority. ~tlTttESS say hand and flotarial Seal this _S~l~ d.ay of ' ~ f r < < ~ ~ , 1993. ~~,5 .~ .. ;~ j , _~ ~ t' t" a. '~~ _ E s '=1 t • ~2 r ' i< Ai~t~.d~t'~xpires I i3 i ~ ( l ( ~~ ~ C .- {Wr tten signature} {Prisated Signature) t ~. l~`rS- I am a resident of St. Joseph Ctiunty, Indiana. _~.. 1 • k ~ ~ 1 ~ ' ~ ~ t • ~ t S'T'ATE QF INF?IAiaA ~ } SS: COUNTY O~ S'~. ,7Q~sF.PF3 i # aefare me, the undersigned, a Katary public 1rl and fQx' said State, personally appeared Fau1a N. Auburn and Thos A. sharp, - personally known by roc to ~ the President and Secretary, ' respectively, of the South Bend Redevelopment CaACnissiori, and acknawletiged t}~e executi©n Qf the fvregaa~aq Secor~.d ]addendum to Lease far and an behalf of said Commission ~r1xTNI.S.S tRy baud and Notarial Seal th3.s ~~ It day of '~1 ,~ r ~ , 193. r •~ r t ,, ,,...,~,"•,, ~• t Written 'ign.atuxe } y, ' •' x~ (Priated Signature} `~ ~: ~ n •'s~ CI ~~ ~ ~~1~`~ •y ~; Y ~ reSidCAk of t St. Joseph County. Xadi.a.na. t r • '3"t-is instrelrnent vas prcparPd by Jenny Pitts Maniez, Chief hssist~2t City Attorney. 14Q0 Caunty~Gl.ty Build.ingr south Bend. Ix 46601.. J PM/ RESQ2 J I--AIAPaB~ -14- 1 {1 I y `"' r ~,~1 ~~i ~' .~t '~ ~t, c ! 932815` ~~D~tm~ To :,mss SOUTH 8~D REAEVEL4PMENT AUTHORI3'Y ~ t 1 y~ ~';kt SoII`PH BB3~D REDEvBLOPMENT COMMISSION ~ (Airport Economic Development Area ~ ; 'Paxable Itaprovernent Project } .,1~ . THIS ADDENDUTl, :wade and entered into this 15th day of 3uly, 1993, by ,r, and between the South Bend redevelopment Authority, a body corporate and ~~ politic organized and existing under Indiana Code 36-7-14.5 ihereinaftar •'h' with its successors and assigns referred to as the "Authority"), and the - South Bend Redeveloplrent Commission. the governing body of the South Bend Department of Redevelopment and the Redevelopment District of South Bond. _~` Indiana (hereinafter called the "Lessee"}, '~~ ~, WI'1'NE55ETH r - - In consideration of the mutual covenants herein contained it is '~ agreed t?~et the Lease {t~irport Economic Development Area Taxable Improvement Project) previously entered into k~etween $aid parties as of ;, the first day of 7~ugust, 1990, as amended and restated dated as of ,august r 1, 1990, as further areended by Addendum dated as of January 29, 1991, as ,ti further amended by addendum dated f'ebruAry 5, 1993, and as furCh~r amended by addendum dated July A6, 1993, shall be further amended as follows: ;;. ~~~ 1. exhibit B to the Lease Taxable Project Description - shall, be and hereby is amended by addir;g One {1) additional parcel of land and any ~a:~ improvements thereon situated in St. Joseph County, Indiana, and needed in 3; connection with local publSc improvements to be constructed in the Airport ~',t Economic Develo~nent area, to ( 2 } df Exhibit H which shall be added as paragraph (1}, which shall read as follows; ~~~, A park of the west Half of the Southeast Quarter of ~ _~, Section 19, Township 38 North, Range 2 East, St. ~;_ Joseph County, Indiana, described as £oliows: r Beginning on the west line bf said quarter section North 0 degrees 57 minutes 33 seconds West i,i76.34 , feet from the southwest corner of said quartex ~ r= section; thence North 6 degrees 57 minutes 33 seconds ~' West I,455.~2 feat along said west line to the 'R` northwest coiner of said quarter section; thence North ~. 89 degrees 39 minutes 30 seconds East 647.4$ feet along the north line of said quarter section to tale ' west boundary of U.S. 31 Bypass; thence south 2 _ degrees 38 minutes 37 seconds East 904.90 feet (903,33 feet by Cause Na. P-2917 of t}~e St. Joseph County Circuit Court} along the boundary of said U,S. 31 BypasSi Chence South 0 degrees 17 minutes 04 Haconds Bast 279.50 feet along said boundary; thence South 89 degrees 43 minutes 00 seconds west 169,00 feet along said boundary; thence North 89 degrees 50 minutes 29 EXHIBIT D ~~ •~~ `} 'r ~`4 ; . tr i ~ ~~ 4 ., ~'~ ~ . T `~ ~ `r rJ - ~, ~+~ ~ Y T~ 1 , r i.T _~,.~ _~ ~,~ 4. S' ~~ .~~<<, ~r: ? ~ T~ .t t - Y' ~~ _~~ . ti_ ~•~~`,. `F * ~ `~,~ ,'~~ ~ ~~ ~~ { ~ ~~ r <Y ~' ~ `~ ! %~`" 3 .i.4_ r j£ t Li it ! f j 1, Y '{1 ,~ _~' .t ~'~-' _~ } ~ 1 .~4~ ~ ~~/„Y' 4 1- 7 +11 ^_ ~ ~ .-, t ~, ` '~I .` , , ~~~yF' ~1 ~ 7r' ~4 ~'~ ,. l ~;~ - }T ~ ~+S ~! a J' • fn, l •r i'. t r ~ j r ...tip.. r-.. seconds Kest 193.31 feet dlon} said boundary thence South 38 degrees d3 minutes 26 seconds Kest 349.13 feet along said boundary thence South 89 degrees 43 minutes 00 seconds west 88.b9 feet to the point flf beginning end containing 19.260 acres, more or less. 2. The parties hereto acknowledge tt-at all remaining terms, covenants, and conditions as set forth in the Lease between the Parties hereto and executed as of the first clay of ALgust, 199fl, shall remain in £udl force and effeck. 1N k~fTiiBSS wK~OF, the parties horQto have caused this Addendum to Lease to be executed for and on their behal# an the day and yeax first hsreinabovq written. $~ 88NF} REi7EVBiAPME7iT Alt~T/H~oRII`Y gy : `v Jo h ob ew f Pres ent A T: I~nald 1~ewe11, Secretary-Txeasuxer $pt~ EVEL,OP MMISSIt?N Pau a M. Auburn, Pray dent ~ Ya w C ' - -' N ~ 7 ~~ fV ~~ Th rl~. $hdr,, `$oore xy ~ ~ 4J , ,n < ~ S ~~ STAIR OF IM?IAHA 3 ~` ~ ` couti~ of SY ,Tc~~rt ~ ss: p ~ ~. Before cna, the undersigned, a Rotary Public in and for said State, personally appeared Joseph 5~roblewski and Donald Fes~ell, personally know-3 by the to be the President and Secretary-Treasuxer, respectively, of the Sout'~~ Bend Redevelopment Authozity, and acknoxledged the execution of the fore4oin9 7~ddk'ndu1A t0 Loa&e for and on bohalf of said Authazi.ty. L • ' ~i ~- .<. tt • c. c k ~r. ~; . ' .. ~ i << WI~ESS my hand and Notarial Seal, this ~ ~'~~ day of ~ <<~ 1933. (Writ eu gnature l{r l`~ ~G k ,~.Y~~f S (Printed S gnatuxe) -....~~ (t. tit/-/~ ~.~ ~ '!~ Z a1a a r sident of ~r~ - COUnty~ Fn@~3Ad. STATE aF I i{DI ANA ? ~ o~ ~f. J~ ~ ss: Before me, the undersigned, a Notary Public in and for said State, personally appeared Paula N. Auburn and Theo A. Sharp, personally known by me to be the President and Secretary, respectively, of the South Bend Redevelopatient Cotfmission, and acknowledged the execution of the foregoing J-ddendum to Lease for artd on behalf of said C~issian ~?ITNxsS my hand and Hatarial Seal. this Gl~.. day of ~ f , 1393. ~ i' ~L ti ~ C ~ ~ a -~ , .... 0 ~ a~`'••.y~+: C ~..~~ t ~ (~tr.~t~an s~gz~a~u~x } ~~~'' ~~ r = rb : ~Pritited S gnaturel E i~i i xp n res: (! ~~ ~~" I am a resident of l- Cflunty, zndiana. This instrument was prepared by Jenny Pitts Monier, Chief Assistant City +Attorney, 1404 Catsity-City Hui~.ding, South Bead, IN 4bb01. RBSp\ 4~iu3D. 2 E I s i ~~ s i - ~,a„~~-~- . ~ 985'~9'~0 1"~f ~i;,`',i f! ~ ~ ,3 S Y, .~ ` ~, i "~ _; ri 3 EIGN'l~Il ADE)ENDl114i'CO A1~4L'NDIrI) ANll ItIiS~I'ATi;D I.l?ASE 131:11VLI:N 111E 5t}Ii"fE( k~1:Nll ItL;ULV1rLC)PMI=N i~ ~1U1 I~IOk3~f'Y ANll SUU'1'I! l3i;N1~ R1:1)L'.V[=LUI'M1L:N~i~ COMb4ISSlUN llA1"l:ll AS uF AUGU~'I~ i, 1990 Phis Addendw~z is entered iztta this ~ `~{'`"~Y of _.__. 1998 by and bet«•ccn LhC Souih Bcr~d IZCdC1'C14~lnrC111 Auiltority (Anthurily) aiul the Souilt I3erui Kccl~:vctoprtu-nt Ccxnmissiart {Cattltzzission} 1VI'I N ESSL"I~1-I: In curtsideralivn of tlzc riittttlal co.•cnas~t1 lll'CC311 CDI"itAillL:CI Il 1S ~bCiCC1 (~y the AutltUrlty and chc Commission that the At}zended attcl Restated l,case previously entered into by atzcl I3clwecn said parties as of the 1 si dity of llugust, 1990, as the satzzc has hccn atncndra pr~:srious to tlir date hereof (I.casr), shall Ise attd ltcrLby is anzcttdrd to delete from the description of the Project, ltze following dLsc:rilx:d rca.1 estate lix:ated in St. Jos<:ph County: YARCGL 1: A part of Lot 4 of 13lackthant C~~rpor'stc t)I~licc Park tttajor sutxiivisio~i N2, section one, recorded as iru±rwztent nuntlxr 982574G i~t ihr ofl'rcr of the St. Iasrptz Catutty Recorder. Indiana, being irz tlzc north~vrst acrd south~ti•est gttartcrs of section 24 a~td tlr~ ,~ortt;~wst ar,d :~Tuthe~asi rlEt:~~trr, of section 19, "l~a~~msltip ?8 tzc~rth, range 2 cast, Cicrntan "1'otivrzsliip, City of ~utlt 13rnd, 5t. Jos~:ph County, [ndiatta, tx;ing rzzore p;uticularly clcsc:rilx:d as 1'ollo~vs: ('onzntcttLing ai the southwest corctcr of the soutittrest quarter of said scctiort 24; liicncL north 0 degrees 14 nzinutc; d9 seconds ~vcst, a dista~tce of 49.G? trot to ltte north right-at=~vay line of Ninztf 1'ark~t~ay a1~d txring un a point of curvature, rotzcavi to iizc norils~~~cst, having a radiuti of 714.00 feet, a central an61e of 97 degrees 35 r~zirtutes 11 sccands, attd a chord of t,OGS.32 feet bcariug nortl3 31 degrees 58 rztiirtutrs 37 sc:rc~rtds cast; titcnce alottb said Nitntc l';trku•ay right-ot= u•ay iiuc for tltc next four courses, northeasterly along said cw~v4 a dislattcc of 1.209.27 feet to a paint of tatt6ency; tltcncc rtortlz l (~ dctrccs ~8 Illit\+~tl'•s 59 s~:cands ~~'~st, a tlistatzcr of 185.73 feet w a point of tan~cnt curvature, carteave to the cast, lta~-ing a radius of 790.UQ tort, a ccnlral attglu of 13 degrees 58 mil}ores 27 seconds, atzd a cltcrrd of 192.24 fret lxaring nuriit 14 dcbret~s 4l uzinutcs 54 seconds `~'cst; tltcncc nnrthca_ttrrly along said curti'r a distarzcc cif 192.68 feet io u poit1t of tangent curvature, c;Urtcavc to iltc ~:ast, having a radius cif' 740.00 icet, a contra! att~lc of 27 dLgr~rs 3G ntinutcs 08 seconds, and a chard of 376.91 feet brari~zg ttorth 10 ciegrccs 45 utinutcs 18 s<:conds call; thence nartlteasteriy along sa'sd cun~c a distattcc of 3$0.58 foci t~ti a point of ttotz-taSlgency; tit~uce south S4 drl;recs 45 nri~iutes 51 srcottds «'cst, a distance of f 56.56 feet; tJtcnce narilt 0 tlc:I;rc:cs 1-~ nzittutl:s 04 sccurt~ ~~, a disszuzs:c aC~O•~ fi:c:i to~c pvi~ of o0 bcl,iizuitzg; ~, ~,.;~ ~ ,~ . EXHIBIT VI ~ I~ ~,m~~;; ~ .~ Z,. ~ x~',~„ to „=~t -v ' ~~~: ~ '-'~ji , -~ t ~t ~' c.~ r -~~ 1~ttence continuinb north 0 degrces 14 minutes 04 seconds u•cst, a distastce of 259.71 feet; tltencc aorlh 40 degrces 30 tttinuies 00 seconds east. a distattee of 153.41 feet; thence north 40 degrees 26 ntinutcs 5 t seconds cast, a distattcc of 204.$8 feet: thcncc south 42 degrces 19 ntinutcs Ol seconds east, a distance of S 1 L.15 i'eet to a point of ct,n'ature. concave to the sotttlteast, having a radius of 1 ifl.00 feet, a cc+ttral attgtc of 87 dcgrecs 38 minutes 3$ seconds, attd a cltord of 152.33 feet bcariub south 3 degrees 51 tninutcs 40 seta+tds west; thcncc souttt~vestcrly along said curve a distattcc of 1 b8.2G feet to a point of non-tangency; thcncc south 39 dc~;rccs 4S mimics 5l seconds ~~~est, a distance of SG5.35 feet to the point of bc6ittning,. containing 4.715 acr~;s. mare or less, cuhjec:t to rights~f-u~ay, easeutents, cctvett<vtts attcl restrictiatu of record• PARCCL 2: Apart of L.ot 1 in Blackthorn Corporate Oflicc Para: minor sutxlivisian {~7 recorded under ittsti~untent tturrtlxr 9&36274 in the otrec of the St. Joseph Cotutty Recorder, tndiatia, situated `~ wit}tin the south~sest quarter of section 20, tativt>_ship 38 north, r:tttgc 2 cast, City of South 13cttd, ~ Cermatt Township, St. loscph County, ludiatta, bcin6 mare pasiiculariy clcscribed as follows: Comntencinl; at the suuthtivest corner of iltc suuthu-est quarter of said scctictn 20; thcncc north U i degrces 3 4 minutes 09 seconds west, a distance of 49.67 feet to the north right-of~«-ay line of ` ~ Nimtz 1'axk~vay and lxing un a point of cutvaturc, concave io the nortlisvCSi, staving a radius of .. 710.00 feet, a central angle of 73 dcgrecs 47 ntinutcs 48 seconds, attd a cltord of 852.Sb feet t*~ttring north 43 decrees S2 ntinutcs 10 utictnds cast; tlunrc, alnn~! lair! l~'lttttL ]'arl:way right-of-- way lint, rtorttteasterly along said cun'e a distance of 914.4$ teat to a point of tartgcnl c:ui~-afore and being the point of be:g;inning: thcncc continuing alo+tg said curve 2~14.K1 feet to a lxtin~ of L•utgcncy; thcncc north lb degrces 48 ntinutcs 59 sccancis west. a distance of 182.92 feet to a point of tangent curvature, concave to the e:LSt, having a radius of 790.00 feet, a central angle of 2 degrees l8 minutes 40 seconds, attd a chard of 31.71 feet bcarinb north 15 clegrcos 52 ntinutcs 13 seconds west; thcncc northwesterly alaag said curve a distautce of 31.71 feet to a point of non- taitgcncy; thcncc south $9 dcgrecs 45 minutes S I seconds ~vcst, a dislattce of I88.3G feet; thcncc south 1 1 dcgrecs 22 ntinutcs 45 seconds cast, a distatuc of 507.12 feet; Qtencc north 89 degrces R 45 ntinutcs 51 sc:cands cast, a distattcc of 175AQ feet to rite point ofbegintting;, also lxinb the ~ west right-of-.r•ay line of Ninth Parkway, containinb 2.28 acrca, ntorc cx lws, sublc:c:t to rigltts- at=way. easc;utents, covenants and r.:strictiurts of record. • . { v' . ~ ~ .~ f. ~ . t orit aad Commission acl~io~vledgc acid abr~:c that all rcrrissining terms aiui cociclitiUUS of tlae i Auth y Lcasc shall tcntain isi full farce and effect. IN ~VITN~SS WFIGI2L•'()l=, the panics ha~•c caused the Addcndwn to Lcasc~ to be executed for aiul an their b~:half as the day aitd yws first «-ritten abcn•e. A'1"I~L'• S'I': .. n ~ . L'• 5. Schwartz, Sccrc S'I'A"l-L' 01' INDIANA ) }SS: S"I'. JOSL:PI~ COUN I-Y ? SOUTI-I13' ~DI;VI;LUI'Mt:N"1'C'Okil~ilSSIUN l;y: -~v - - Rabcrt ~Y. Nunt7 Presidcut I3clbra me the u~ldcrsibnc~. a Notary Yuf~lic, in a~3d for said County and :hate, personally appeared the South l3cnd Rcdcvcloputctit Conimissiort, by Kolx:rt W. tlui~t aitd I~ugcnia 5. Sch«-arv, Presid~i~t and Seu:rctary, res;x:ciavciy, and ai=luiawtedbecl the execuuoti of file foregoing dcx:unicut. IN WI'i-IVI:SS WE{1?ItEi}1~, i have hereunto subsx:ritx:d nay n:uiu alit affixed my bEprAt:Yrus~lcs~inzEar ~~~_.. sr. Kt-.a's s rotmn' Go~unussion L'xpires: ~ ~, ~~~ ~-~_ Notary Public Kcsiding in St..Ias4:Ph County, 1 '" a-s ~,ICrrnxYrua~scs~n~ u~ it~Qentyn ~,1~'i f C~~~ _ ~y ~ttu:s~t~ ice. U`t`t- z.'~~ l~ , ~ l~ r • 1 .~,, ~ j •,~ ~~.., . 1 ~• i f i r ~~ f SOU"I'!I BLNll R~U~V1:,L01'MLN'[~ AUTFIUKi"l Y ~ ~j i3y. Carolyn 'f ,n ' csicicut A"f1'ES'C: ( ~/~`-~ Jam: varec, Secretary STAZ'L c31' INi]iA1tiA } }SS: S~'. 3USLPI~ (~OUNTY ) Before me the undcrsigncd. a Notary Fubf'sc, in and for said Cotutity aa~d 5tatc, i,crsona![y appeared the South I3cnd iZcdevclapmcnt Authority, by Carulyiti V. i'fotcnltaucr as-d 7usc: A. Alvar_s, i'resident and Scc:rcr<~x}r, respectively, and acl:nawlc;d=;cd tie exccuunn of the foreboin}; doCUmcni. • •, i , t i ~avc iu:iGlia'lto sutr..t:rih=`j niy n:uiic alai aff'ia~:d my ate. ~~.°~~ IN `Vl"1~NLSS ~~tik~kZL•Ui~. ''~.~'_ c, "' l 1~4. clay Qf ' . 198 _ ,~ ~ ~ ~`s''r, xc:sidu~b in St..ic,s4;ph c~~ty, IN ,t~~ r ~l~ , Cortutussion Lxpirc:s: • • EXHIBIT B Legal Description of 1992 Leased Premises • EXHIBIT B PROJECT DESCRIPTION _ The Project consists of the construction of a golf course consisting of the improving and construction of all land therefor, including the construction of a clubhouse and a maintenance building, all of such construction and related improvements to be 1 made on the following described real estate acquired or to be acquired by the Authority: p, part of the Southwest Quarter (SWl/,) of Section 20, the Northwest Quarter (NW'/) and the Southwest Quarter (SWl/) of Section 29, and the Southeast Quarter (SEA/) and the Northeast Quarter (NE1/) of Section 30 all in Township 38 North, Rarige 2 East, German Township, St. Joseph County, icularl described as follows: Indiana, more part Y Commencing at the South Quarter (S~/,) corner of Section 20, also being the North Quarter (N1/,) corner of Section 29; thence South 00° 10' 44" East (this and all subsequent bearings being referenced to the east line of the Southwest Quarter (SWl/) of Section 20 which has a ~~` Grid Bearing of North 00° 19' 53" West) a distance of 970.00 feet along the East line of the Northwest Quarter -::; (NWl/,) of Section 29, to the Point of Beginning of this '_ description; thence South 00° 10' 44" East a distance of ~' U-` 1677.30 feet along the north/south quarter section line J~=~- , of Section 29 to the center of Section 29; thence r~ %~_ ~~ i I `~ ~F 11 12 continuing South 00° 10' 44" East a distance of 50.01 feet along said north/south quarter section line; thence North 89° 16' 09" West a distance of 2631.68 feet along a line parallel with and 50.00 feet south of the east/west quarter section line of Section 29; thence North 89° 41' 22" West a distance of 1642.29 feet along a line parallel with and 50.00 feet south of the east/west quarter section line of Section 30, to a point on the east right of way line of the U.S. 31 Bypass, said point also being the point of curvature of a nontangent curve to the left having a radius of 21,675.92 feet, an internal angle of 00° 17' 49" and a long chord bearing North 00° 51' 32" East a length of 112.31 feet; thence northerly along said curve, also being along said east right of way line, a distance of 112.31 feet to the point of tangency of said curve; thence North 03° 07' 05" West a distance of 502.50 feet along said east right of way line of the U.S. 31 Bypass; thence North 00° 12' 37" East a distance of 1000.00 feet parallel with and 160.00 feet east of the centerline of the U.S. 31 Bypass, along said east right of way line; thence North 04° Ol' 28" East a distance of 300.67 feet along said east right of way line; thence North 00° 12' 37" East a distance of 350.00 feet along said east right of way line; thence South 89° 47' 23" East a distance of 90.00 feet along said right of way line; thence North 00° 12' 37" East a distance of -2- C-r 11 12 I { 206.90 feet along said east right of way line to the intersection of said east right of way line of the U.S. 31 Bypass with the south right of way line of Nimtz Parkway (formerly known as Cleveland Road); thence South 89° 47' 23" East a distance of 329.80 feet parallel with t and 215.00 feet south of the centerline of Nimtz Parkway, also being parallel with and 215.00 feet south of the north line of the Northeast Quarter (NE1/,) of Section 30 and the south line of the Southeast (SE1/,) of Section 19, along said south right of way line; thence North 86° 03' 24" East a distance of 897.43 feet along said south right of way line; thence North 00° 12' 37" East a distance of 80.00 feet; thence South 89° 47' 23" East a distance of 332.50 feet parallel with and 70.00 feet south of said centerline of Nimtz Parkway to the east line of the Northeast Quarter (NE1/,) of Section 30; thence North 00° 08' 55" East a distance of 34.72 feet along said east line to the southerly right of way line of Nimtz Parkway, also being the point of curvature of a nontangent curve to the left having a radius of 790.00 feet, an internal angle of 26° 13' 04" and a long chord bearing North 68° 35' 37" East a length of 358.35 feet; thence northeasterly a distance of 361.49 feet along said southerly right of way line of Nimtz Parkway, also along said curve to the point of tangency of said nontangent curve; thence South 38° 45' 02" East a distance of 375.00 -3- ;. ;: ;` r I f feet; thence North 62° 49' 54" East a distance of 315.00 feet to a point which is 45 feet south of the north line of the Northwest Quarter (NW/) of Section 29, said line also being the centerline of Old Cleveland Road; thence North 00° 17' 19" East a distance of 325.68 feet; thence North 57° 33' 26" West a distance of 286.74 feet to the Easterly right of way line of Nimtz Parkway also being the point of curvature of a nontangent curve to the left having a radius of 790.00 feet, an internal angle of 21° 35' 14" and a long chord bearing North 13° 06' 23" East a length of 295.89 feet; thence northeasterly a distance of 297.65 feet along said easterly right of way line of Nimtz Parkway, also along said curve to the point of tangency of said nontangent curve; thence South 87° 41' 14" East a distance of 356.33 feet; thence North 00° 19' 53" West a distance of 830.00 feet; thence North 72° 09' 22" East a distance of 300.00 feet; thence North 06° 58' 14" East a distance of 450.00 feet to the south right of way line of Nimtz Parkway; thence North 89° 58' 14" East a distance of 340.52 feet along said south right of way line of Nimtz Parkway; thence South 24° 07' 12" East a distance of 438.16 feet; thence South 10° 15' 27" East a distance of 406.08 feet; thence South 00° 10' 44" East a distance of 700.00 feet; thence South 48° 59' 18" West a distance of 856.51 feet to the north right of way line of Old Cleveland Road; thence South 00° 10' 44" East a -4- distance of 580.00 feet; thence South 52° 59' 49" East a distance of 689.95 feet; thence South 89° 27' 09" East a distance of 750.00 feet to the Point of Beginning. 1' 1 ,~! \rrrompol\sthbend\golfcour.se\lease.exb;Cmg;7/28/92 -5- EXHIBIT C Leal Description of Hotel Site Lot 3A Lot 3A Blackthorn Corporate Office Park Minor #10, recorded May 29, 2001 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 0123942 (Such property shall be referred to herein as "Lot 3A".) Proposed Outlot A part of Lot seven (7) in Blackthorn Corporate Office Park as recorded under Instrument Number 943 8010 in the Office of the Recorder of St. Joseph County, Indiana, particularly described as follows: Beginning at a Northerly corner of said Lot 7, which corner being common with the most westerly comer of lot 3A in Blackthorn Corporate Office Park, Minor #10, as recorded under Instrument Number 0123942 in the Office of said Recorder; Thence South 38 degrees 59 minutes 52 seconds East along a common line to said Lots 7 and 3A, a distance of 375.00 feet to the most Southerly corner of said Lot 3A; Thence North 57 degrees OS minutes 00 seconds West, a distance of 125. 29 feet; Thence North 38 degrees 59 minutes 52 seconds West parallel to said common line of Lot 7 and Lot 3A, a distance of 256.85 feet to a point on the Southeasterly right of way line of Nimtz Parkway, said point on anon-tangent curve concave to the Northwest having a radius of 790.00 feet, a central angle of 2 degrees 55 minutes 06 seconds and chord of 40.23 feet bearing North 57 degrees 11 minutes 35 seconds East; Thence Northeasterly along said curve, a distance of 40.24 feet to the point of beginning. (Such properly shall be referred to herein as "Proposed Outlot".) t