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REGULAR MEETING JULY 10 2012 228
<br />Distrief'), exists and operates under the provisions of I.C. 36 -7 -14, as amended from time to time
<br />(the "Act ") and is a body corporate and politic; and
<br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board ") has
<br />custody of and may maintain all real property owned by the City of South Bend, Indiana (the
<br />"City ") pursuant to I.C. § 36- 9 -6 -3; and
<br />WHEREAS, pursuant to I.C. § 36- 1 -11 -8, the City, acting by and through the Board,
<br />may accept transfer of property from another governmental entity upon terms and conditions
<br />agreed upon by the two (2) entities as evidenced by the adoption of substantially identical
<br />resolutions of each entity; and
<br />WHEREAS, the City, through the Board, and the Department, through the Commission,
<br />are parties to a certain Memorandum of Understanding (the "MOU "), providing for the
<br />rehabilitation of a certain parcel of property known as the Hansel Center and more particularly
<br />described at Exhibit A (the "Property "); and
<br />WHEREAS, the MOU provides that the Department will contribute rehabilitation
<br />funding in the amount of up to Seven Hundred Ninety -Six Thousand Dollars ($796,000) in TIF
<br />funds for permitted TIF uses, and One Hundred Thirty -Four Thousand Dollars ($134,000) in
<br />Community Development Block Grant Funds; and
<br />WHEREAS, the MOU provides that upon the completion of such expenditures, the
<br />Board will transfer the Property to South Bend Heritage Foundation, Inc. ( "SBHF "), a non - profit
<br />organization that is organized for the purpose of planning, directing and coordinating economic
<br />and community revitalization within the City of South Bend, in order to continue rehabilitation
<br />efforts; and
<br />WHEREAS, the Department, by and through the Commission, has presented to the
<br />Board, a request for the transfer to the Board of the Property and to authorize the staff of the
<br />Department to approve and execute quitclaim deeds effecting the transfer of the Property; and
<br />WHEREAS, the City, through the Board, desires to accept the transfer of the Property
<br />from the Department; and
<br />WHEREAS, the City, through the Board, desires to transfer the Property to SBHF upon
<br />the completion of such expenditures; and
<br />WHEREAS, the Commission will adopt a resolution consistent with the requirement of
<br />I.C. § 36- 1 -11 -8.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF
<br />PUBLIC WORKS AS FOLLOWS:
<br />1. The transfer of the Property described at Exhibit A situated in St. Joseph County,
<br />Indiana, by the South Bend Redevelopment Commission, to the Board of Public Works, for and
<br />on behalf of the City of South Bend shall be, and hereby is, accepted and approved.
<br />2. The staff of the City of South Bend, Department of Public Works shall be, and
<br />hereby are, authorized to accept the executed quit -claim deeds and present them for recording
<br />by the Office of the Recorder of St. Joseph County, Indiana.
<br />3. The conveyance of the Property to SBHF is hereby authorized upon the
<br />completion of the City's obligations to perform its portion of the rehabilitation according to the
<br />MOU.
<br />4. This Resolution shall be in full force and effect upon its adoption and upon the
<br />adoption by the Commission of a resolution consistent with the requirements of I.C. § 36 -1 -11—
<br />5. ADOPTED at a meeting of the Board of Public Works of the City of South Bend,
<br />Indiana held on July 10, 2012 at 1308 County -City Building, 227 W. Jefferson Boulevard, South
<br />Bend, Indiana 4660 1.
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