Resolution No 45-2022 - Accepting Purchase of Real Property SBCSC Admin. Building

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RESOLUTION NO. 45-2022 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AUTHORIZING THE PURCHASE OF REAL PROPERTY FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board of Public Works") exists pursuant to I.C. § 36-4-9-5, holds real property owned by the City of South Bend, Indiana (the "City") pursuant to I.C. § 36-9-6-3, and is authorized to receive such property from another governmental entity pursuant to I.C. § 36-1-11-8; and WHEREAS, the South Bend Community School Corporation (the “School Corporation”) owns certain real property in South Bend, Indiana, commonly known as 215 Dr. Martin Luther King, Jr. Boulevard, South Bend, Indiana 46601, and more particularly described in attached Exhibit A (the “Property”) and wishes to transfer its interests in that real estate to the City of South Bend as further described in the Purchase Agreement attached hereto as Exhibit B after determining a transfer to a governmental entity rather than a sale or lease to a nongovernmental entity would be in the best interests of School Corporation and the public; and WHEREAS, the South Bend Community School Corporation (the “School Corporation”) is authorized to transfer property to another governmental entity pursuant to I.C. § 36-1-11-8 upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity; and WHEREAS, the School Corporation desires to sell and the City desires to acquire the Property, in exchange for the transfer of Two Million Eight Hundred Thousand Dollars ($2,800,000.00) from the City to the School Corporation. WHEREAS, in order for the City and the School Corporation to execute the Purchase Agreement and Closing Documents, the Board of Public Works desires to authorize the City’s purchase of the Property from the School Corporation pursuant to I.C. § 36-1-11-8 and subject to the terms of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board of Public Works hereby approves the purchase of the Property from the School Corporation in accordance with I.C. § 36-1-11-8. The City Controller, Daniel T. Parker, is authorized and directed, in the name of the City, to execute a Purchase Agreement in a form substantially similar to the document attached hereto as Exhibit B, in a final form approved by the City of South Bend Department of Law. The City Controller, Daniel T. Parker, is also authorized to execute a Lease Agreement for the School Corporation’s lease of the Property, in a form substantially similar to the document attached in Exhibit C, in a final form approved by the City of South Bend Department of Law.