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DEMOLITION AGREEMENT
<br />This Demolition Agreement (this “Agreement”), is effective as of May 9, 2023 (the “Effective
<br />Date”), by and between the City of South Bend, Indiana (the “City”) acting by and through its
<br />Board of Public Works (“BPW”), and the Housing Authority of South Bend (“HASB”) (each, a
<br />“Party,” and collectively the “Parties”).
<br />WHEREAS, HASB owns certain real property described in Exhibit A, together with all
<br />improvements thereon and all easements, rights, licenses, and other interests appurtenant thereto
<br />(collectively, the “Property”); and
<br />WHEREAS, the City has been working in coordination with HASB as HASB explores
<br />redevelopment options for the Property, which has reached its end-of-life in its current
<br />arrangement and poses significant maintenance challenges for HASB (the “Project”); and
<br />WHEREAS, as part of the Project, HASB desires to demolish the structures comprising
<br />the Property and would like assistance from the City in effectuating the demolition; and
<br />WHEREAS, the South Bend Redevelopment Commission (the “Commission”) exists and
<br />operates under the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended
<br />(I.C. 36-7-14 et seq., the “Act”); and
<br />WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
<br />redevelopment areas are public uses and purposes for which public money may be spent; and
<br />WHEREAS, the Property is located within the corporate boundaries of the City, within
<br />the River West Development Area (the “Area”); and
<br />WHEREAS, HASB will continue to use the Property for residential housing purposes,
<br />including, but not limited to, low-income housing after the demolition work is completed; and
<br />WHEREAS, the Commission believes that the demolition work as described herein is in
<br />the best interests of the health, safety, and welfare of the City and its residents; and
<br />WHEREAS, on April 13, 2023, the Commission approved funding from the Area to
<br />facilitate and assist the Project by undertaking the local public improvements stated in Exhibit B
<br />(the “Local Public Improvements”), which includes the demolition work contemplated herein, and
<br />the financing thereof, subject to the terms and conditions of this Agreement and in accordance
<br />with the Act; and
<br />WHEREAS, pursuant to I.C. 36-9-6, BPW may design, order, contract for, and execute
<br />the erection or removal of buildings and other structures needed for any public purpose and, acting
<br />as the agent of the Commission, is the appropriate body to perform the terms set forth herein.
<br />NOW, THEREFORE, in consideration of the mutual promises and obligations stated in
<br />this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows:
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