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16 <br />REGULAR MEETING JANUARY 23, 1989 <br />WHEREAS, pursuant to I.C. 36-1-11-8 the City of South Bend <br />by its Board of Public Works has the authority to execute a <br />transfer, for any amount of real property, with a governmental <br />entity upon terms and conditions agreed upon by the entities as <br />evidenced by adoption of substantially identical resolutions by <br />each entity; and <br />WHEREAS, <br />the South Bend Community School <br />Corporation <br />("CORPORATION") <br />presently owns a parcel of real property in St. <br />Joseph County, <br />Indiana known as the Education <br />Center, which is <br />located at 635 <br />South Main Street, South Bend, <br />Indiana, which <br />property is referred <br />to in this Resolution as <br />the ("CENTER"); and <br />WHEREAS, the CORPORATION has decided to move its <br />administrative offices from the CENTER to the Central High School <br />Building on Colfax Street in South bend, Indiana ("CENTRAL") and <br />has employed architects to design the remodeling of that building <br />for such purposes with a planned occupancy date in December, <br />1990; and <br />WHEREAS, the City of South Bend ("CITY") has indicated an <br />interest in owning the CENTER and using the same as part of the <br />Studebaker National Museum and for other purposes; and . <br />WHEREAS, the CORPORATION has determined by Resolution <br />adopted on December 5, 1988, that upon the remodeling of CENTRAL <br />being complete and the administrative offices being moved to <br />CENTRAL and upon the CENTER being vacated, it will no longer be <br />needed for school purposes or any other purposes of the <br />CORPORATION; <br />NOW, THEREFORE, BE IT RESOLVED by the CITY, through its <br />Board of Public Works that as evidenced by adoption of a <br />Resolution by the CORPORATION that: <br />1. The CENTER will no longer be needed for school <br />purposes or for any other purpose of the <br />CORPORATION after it is vacated and upon all legal <br />requirements being met and shall be transferred to <br />the CITY for use of the Studebaker National <br />Museum; and that upon the completion of the <br />construction and renovation process of CENTRAL for <br />a new Education Center and the completion of the <br />move by the CORPORATION to CENTRAL, a public <br />hearing concerning this transfer shall be conducted <br />by the Superintendent of Schools in accordance <br />with law prior to the School Board giving its final <br />approval to the delivery of a deed and conveyance <br />of the CENTER. <br />2. Pursuant to the requirements of Indiana statutes, <br />ownership and title to the CENTER shall be <br />transferred to the CITY by a Quit -Claim Deed and <br />Bill of Sale from the CORPORATION upon the CITY <br />paying the CORPORATION the sum of Ten Dollars <br />($10.00) in cash, and the CITY shall accept the <br />same, subject to the following conditions: <br />(a) Transfer of the CENTER shall be made by the <br />CORPORATION in an "as is" condition with no <br />warranties, indemnities or representations <br />made by the CORPORATION as to its condition. <br />(b) The date of the transfer shall be determined <br />by the CORPORATION and shall not be earlier <br />than the date upon which CENTRAL is complete <br />and the administrative offices of the <br />CORPORATION and its personal property has <br />been moved to CENTRAL and all financing of <br />the rehabilitation of CENTRAL is in place. <br />