Property Transfer Agreement - 1340 SB Ave. – LaSalle Council, Boy Scouts of America, Inc.

Home Browse Search

1 REAL PROPERTY TRANSFER AGREEMENT This Real Property Transfer Agreement is entered into as of January 24, 2023 (the “Effective Date”), by and between the City of South Bend, acting by and through its Board of Public Works, of 1300 N. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 (the “City”) and LaSalle Council,, Boy Scouts of America, Inc. No. 165, an Indiana non- profit corporation, with its registered address being 1340 South Bend Avenue, South Bend, IN 46617 (the “Organization”) (each a “Party,” and together the “Parties”). RECITALS A. The City is a municipal corporation existing and operating pursuant to the laws of the State of Indiana. B. The Organization is an Indiana non-profit corporation organized exclusively to conduct, support, encourage, and assist such charitable and other programs and projects as are described both in Section 170(c)(2)(B) and 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. C. The City owns the certain real property described in attached Exhibit A (the “Property”). D. The Organization desires to acquire ownership of the Property from the City for future program deliveries for youth. E. The Organization has been advised by the City of certain environmental restrictions imposed on Fredrickson Park which is immediately adjacent to the Property. F. Pursuant to I.C. § 36-1-11-1(b)(7), a sale or lease of property by the City to an Indiana non-profit corporation organized for educational, literary, scientific, religious, or charitable purposes that is exempt from federal income taxation under Section 501 of the Internal Revenue Code is not subject to the disposition requirements of I.C. § 36-1-11. G. The City, acting by and through the Board of Public Works, has determined that conveying the Property to the Organization under the terms of this Agreement is in the best interests of the residents of the City. NOW, THEREFORE, in consideration of the mutual covenants stated herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Organization agree as follows: 1. Qualifications of Organization. The Organization represents and warrants that (a) it is a non-profit corporation organized under the laws of the State of Indiana; (b) the Organization’s articles of incorporation dated May 22, 2003 (the “Articles”), attached hereto as Exhibit B, have not been superseded or further amended and currently remain in full force and