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O 74
<br />REGULAR MEETING DECEMBER 4. 1995
<br />WHEREAS, pursuant to I.C. 36-1-11-1(b), the City of South Bend, acting by and
<br />through the Board, may exchange or transfer property with an Indiana nonprofit corporation
<br />organized for educational, literary, scientific, religious, or charitable purposes that is exempt from
<br />federal income taxation under Section 501 of the Internal Revenue Code ("Indiana nonprofit
<br />corporation") upon such terms and conditions as the parties agree; and
<br />WHEREAS, the South Bend Heritage Foundation, Inc. (SBHF) is an Indiana
<br />nonprofit corporation and is desirous of acquiring the Real Property and Structure from the City for
<br />use by SBHF in its revitalization of the West Washington -Chapin Revitalization Area, with the
<br />understanding that SBHF will cause the relocation of the Structure to the Real Property and that the
<br />Structure, once relocated to the Real Property, will be rehabilitated to house an African American
<br />Resource Center, the same to be completed within twelve (12) months of the relocation of the
<br />Structure to the Real Property; and
<br />WHEREAS, the City, through the Board, is desirous of transferring the Real Property
<br />to SBHF for the sum of One Dollar ($1.00) so that the Real Property and Structure may be used for
<br />this purpose.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
<br />FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />1. That the transfer of the Real Property and Structure, as described above, by the
<br />City of South Bend, Indiana to the South Bend Heritage Foundation, Inc. for the sum of One Dollar
<br />($1.00), and subject to the terms and restrictions set forth above shall be and hereby is, approved.
<br />2. That the Mayor of the City of South Bend and the South Bend City Clerk shall be,
<br />and hereby are, authorized, respectively, to execute and attest to the execution of a warranty deed
<br />to the Property and quitclaim deed and bill of sale to the Structure conveying all of the right, title
<br />and interest of the City of South Bend, Indiana in and to the Real Property and Structure to the South
<br />Bend Heritage Foundation, Inc. upon the occurrence of the conditions set forth immediately above.
<br />3. That this Resolution shall be in full force and effect upon its adoption by the Board
<br />of Public Works of the City of South Bend.
<br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend held
<br />on December 4, 1995, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
<br />Indiana 46601.
<br />CITY OF SOUTH BEND
<br />BOARD OF PUBLIC WORKS
<br />s/John E. Leszczynski, President
<br />s/James R. Caldwell, Member
<br />ATTEST:
<br />s/Angela K. Jacob, Clerk
<br />Mr. Leszczynski stated that the Board is in receipt of a Consent of Surety to Reduction in or Partial
<br />Release of Retainage for the above referred to project, as submitted by Maddox Industrial
<br />Contractors, Inc., 3060 West Minnesota Street, Indianapolis, Indiana, to reduce retainage from
<br />$122,652.40 to $66,768.40. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski
<br />and carried, the Consent of Surety was approved.
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