05/29/07 Board of Public Works Minutes

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~~~ 1 PUBLIC AGENDA SESSION MAY 24.2007 Sponsor Description Date/Time Location Motion Carried Webster, Luella Neighborhood May 26, 2007 - Howard Street Gilot/Littrell (701 East Block Party - 1:00 p.m to from St. Louis Howard Street) Celebration of 7:00 p.m. to St. Peters New Home Built on Family Pro ert City of South City May 29, 2007 - North Michigan Gilot/Littrell Bend Celebration/ 4:00 p.m. to Street, between Fun by the 8:00 p.m. Colfax and St. Fountain Jose h Streets ADOPT RESOLUTION NO. 19-2007 - A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA. BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION N0.19-2007 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION WHEREAS, the South Bend Community School Corporation (the "School Corporation") is the owner of the Education Center located at the southwest corner of Main and South Streets ' and the southeast corner of Main and Bronson Streets within the City of South Bend, St. Joseph County, Indiana together with the parking lots associated with the same (the Education Center and related parking lots being collectively hereinafter referred to as the "Education Center") which is more particularly described at Exhibit A, attached hereto and incorporated herein; and WHEREAS, the care, custody, and control of the School Corporation real estate is vested in the Board of School Trustees of the School Corporation (the "School Board") pursuant to Indiana Code 20-26-5-4; and WHEREAS, the School Corporation, the City of South Bend, Indiana Board of Public Works (the "Board of Works"), and the South Bend Redevelopment Commission ("Commission") are parties to a certain Amended and Restated Agreement ("Amended Agreement") having an effective date of November 19, 2004 and a certain First Addendum to the Amended and Restated Agreement (the Amended Agreement and First Addendum collectively referred to hereafter as the "Agreements") having an effective date of June 26, 2006; and WHEREAS, the Agreements include certain terms and conditions related to the disposition of the Education Center; and WHEREAS, one of the terms and conditions is that the Historic Landmarks Foundation of Indiana ("HLFI") shall be afforded the reasonable opportunity to identify an economically viable plan for the redevelopment of the Education Center by HLFI or a third party; and ' WHEREAS, the First Addendum defines "economically viable" to mean that a ready, willing and able purchaser has been identified; a written agreement has been fully executed with the prospective purchaser and there is a sufficient financial commitment to permit both the purchase and redevelopment plan for the Education Center to commence on or before July 1, 2007; and WHEREAS, HLFI has entered into an agreement with a developer providing for the redevelopment of the Education Center; and