03-08-10 Council Agenda & Packet

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I Take those actions necessary for relief of taxes and penalties owning on the Rhodes Property including, but not limited to, the filing of a petition to the Department of Local Government Finance; and 3. After actions related to the relief of taxes are completed, the Works Board shall adopt a resolution approving transfer of the Rhodes Property to SBHF for the sum of Ten and 00/100 Dollars ($10.00) as permitted by I.C. 36- 1- 11- 1(a)(7). Transfer of the Rhodes Property to SBHF shall be contingent upon SBHF providing satisfactory evidence to the Works Board that SBHF and The Salvation Army have each executed a binding agreement concerning development of the Project which agreement shall include the following terms and conditions: a. SBHF shall accept transfer of the Project Site from the City in "as is" condition by way of quit claim deeds issued by the Works Board and the Park Commission, respectively for the sure of Ten and 00 /100 Dollars ($10.00), respectively, and subject to easements and restrictions of record as shown on a title commitnIent policy issued by Meridian Title Corporation, the cost of said title commitment shall be .paid by City; and b. Upon evidence satisfactory to the City and to SBHF that The Salvation Army has been approved to complete the development and construction of the RJKCCC on the Project Site; SBHF shall then transfer the assembled Project Site to Salvation Army in "as is" condition by way of quit claim deed for the sum of Ten and 00/100 Dollars ($10.00). Such transfer of property from SBHF to The Salvation Army is contingent upon The Salvation Army's written agreement that The Salvation Army: i. shall utilize the real_ property constituting the Project Site for development and construction of the RJKCCC and for no other purpose; and ii, shall commence construction on the RJKCCC within twelve (12) months: of accepting title to the Project Site from SBHF ('Construction Commencement Date "), providing that zoning has been approved and all building permits have been secured; and i.iL shall qualify for a certificate of occupancy to be issued by the Building Commissioner within three (3) years of the Construction Commencement Date ( "Oempancy Date "); and MOU2finai (3)