Transfer of Park Property South Bend Community School Corp

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SECTION II . That the. Real Estate is not being used for Park purposes and is not needed for Park purposes. SECTION III . That the Park Board does not contemplate use of the Real Estate for Park purposes, that the Real Estate is not required for Park purposes., and that on January 20, 1992, the Park Board adopted a resolution authorizing the sale of the Real Estate: in exchange for the provision by the School Corporation of certain improvements to Edison Park, as set forth in said resolution, a true. and complete copy of which is attached hereto, in order to facilitate the expansion of the Edison Middle School campus by the School Corporation. SECTION IV. That it has since been made apparent that terms of said Resolution misstated the agreed upon terms of the transfer and that the correct consideration to be provided by the School Corporation to the Park Department in exchange for the transfer of the Real Estate is as follows: the resurfacing and repair of the. Edison Park tennis courts; the reconstruction of the. Edison Park softball diamond; the provision of playground equipment at. Edison Park; and the lighting of various improvements at Edison Park, all of which improvements are to the direct benefit of Park Department programs and activities. SECTION V. That the benefit to the. Park Department of the. improvements to be provided to that portion of Edison Park leased by the Park Department and controlled by the. Park Board, as set forth herein, and in exchange for the transfer of the Real Estate, meets or exceeds the fair market value of the Real Estate. SECTION VI. That the Common Council of the City of South Bend. hereby finds it to be in the best interests of the City of South. Bend and South Bend Park Department: 1. That title to the Real Estate be transferred from the Municipal. City of South Bend for the use of its Park Department and/or Board of Park Commissioners to the South Bend Community School. Corporation, pursuant to. I.C. 36-10-4-9(c) ( 8) and 36-10-4-18, under those terms and conditions recited herein. 2. That the. Board. of Park Commissioners of the City of South Bend, and. the South Bend Community School. Corporation adopt substantially identical resolutions pursuant to I.C. 36-1-11-8, to memorialize the terms and conditions of the transfer of the Real. Estate from the Municipal City of South Bend for the use of its Park Department and/or Board. of Park Commissioners to the South Bend Community School. Corporation. 3 . That the President of the Board of Park Commissioners of the. City of South Bend execute, and the secretary of the Board of Park Commissioners of the City of South Bend attest to the execution of, a quit-claim deed to effectuate the transfer of the Real Estate. SECTION VII. That the Common Council of the City of South Bend, Indiana, hereby approves and directs transfer of the Real Estate from the Municipal City of South Bend for the use of its Park Department and/or Board. of Park Commissioners to the South Bend Community School Corporation, all pursuant to and consistent with the findings made. herein. SECTION VIII. This Ordinance shall be in full force and effect upon passage by the. Council and approval by the Mayor.