HomeMy WebLinkAbout5A1 M 4100.5 Fifth Addendum to Lease.003Item: 5:A1
Fifth Addendum to Lease Between
the South Bend Redevelopment Authority, as Lessor,
and the South Bend Redevelopment Commission, as Lessee
(College Football Hall of Fame /Century Center Project)
THIS ADDENDUM, made and entered into as of this 15th day of June, 2016 (the
"Effective Date "), by and between the South Bend Redevelopment Authority, a body corporate
and politic organized and existing under I.C. 36 -7 -14.5 (hereinafter with its successors and
assigns referred to as the "Authority "), and the South Bend Redevelopment Commission, the
governing body of the South Bend Department of Redevelopment and the Redevelopment
District of South Bend, Indiana (hereinafter called the "Lessee "),
WITNESSETH:
In consideration of the mutual covenants herein contained, it is agreed that the
lease previously entered into between said parties as of the 1st day of November, 1993, as
amended by the Addendum to Lease, dated as of June 3, 1994, as amended by a Second
Addendum to Lease, dated as of July 1, 1994, as amended by a Third Addendum to Lease, dated
as of November 20, 2000, and as amended by a Fourth Addendum to Lease, dated as of August
16, 2011 (collectively, the "Lease "), all of which were recorded in the Office of the Recorder of
St. Joseph County, Indiana, (recording numbers 9423717, 9423718, 9425893, 0055375, and
1120940 respectively) shall be amended as follows:
1. The description of the Hall of Fame Portion stated in Exhibit B to the
Lease is amended by adding the following at the end of said description (following numbered
paragraph 4):
EXCEPT that parcel described as follows:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA WHICH IS DESCRIBED AS: A PORTION OF LOT "A" OF THE "HALL OF FAME
REPLAT " RECORDED AS DOCUMENT NO. 9506776 IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY
DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAIDLOT "A'; THENCE
CONTINUING N. 00'00 -00" B. (REC. N. 00' 11 -40" W.) ALONG SAID WEST LINE OF SAID
LOT "A ", 32.67 FEET; THENCE N. 89' 58 -08" E., 72.40 FEET; THENCE S. 00'00 -00" W., 32.67
FEET' TO THE SOUTH LINE OF SAID LOT "A "; THENCE S. 89'58-08" W. (REC. S. 89' 45 -16"
W.) ALONG SAID SOUTH LINE, 72.40 FEET TO THE POINT OF BEGINNING.
2. The parties hereto acknowledge that all remaining terms, covenants and
conditions set forth in the Lease shall remain in full force and effect.
3. This Addendum shall take effect as of the Effective Date stated above.
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Addendum to
Lease to be executed for and on their behalf on the day and year first hereinabove written.
ATTEST:
Anthony Fitts, Secretary - Treasurer
ATTEST:
David A. Varner, Vice President
4100.0000005 48193533.003
2
SOUTH BEND
REDEVELOPMENT AUTHORITY
Erin Linder Hanig, Vice President
SOUTH BEND
REDEVELOPMENT COMMISSION
Marcia I. Jones, President
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally
appeared Erin Linder Hanig and Anthony Fitts, personally known by me to be the Vice President
and Secretary - Treasurer, respectively, of the South Bend Redevelopment Authority, and
acknowledged the execution of the foregoing Fifth Addendum to Lease for and on behalf of said
South Bend Redevelopment Authority.
WITNESS my hand and Notarial Seal this day of , 2016.
(Written Signature)
(SEAL)
(Printed Signature)
My commission expires:
Resident of County,
(Notary page to Fifth Addendum to Lease)
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally
appeared Marcia I. Jones and David A. Varner, personally known by me to be the President and
Vice President, respectively, of the South Bend Redevelopment Commission, and acknowledged
the execution of the foregoing Fifth Addendum to Lease for and on behalf of said South Bend
Redevelopment Commission.
WITNESS my hand and Notarial Seal this day of
(SEAL)
My commission expires:
Resident of
County,
(Written Signature)
(Printed Signature)
12016.
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. Benjamin J. Dougherty.
(Notary page to Fifth Addendum to Lease)