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<br /> <br />RESOLUTION NO. 25-2024 <br /> <br />A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC <br />WORKS APPROVING THE TRANSFER OF PROPERTY TO MCCORMICK & <br />COMPANY, INC. <br /> <br />WHEREAS, the City of South Bend Board of Public Works (“Board”) is the contracting <br />body for the City of South Bend, Indiana (“City”); and <br /> <br />WHEREAS, the Board has custody of real property owned by the City pursuant to Ind. <br />Code Section 36-9-6-3; and <br /> <br />WHEREAS, the City is the owner of a certain parcel of real estate, more accurately <br />described as 8.44 Ac Tract Mid Pt S Side Se 1/4 Beg 990' W & 40' N Of Se Cor Se Sec 28-38-2e <br />with a street address of 3425 Lathrop Street, South Bend, Indiana 46628 (the “Property”); and <br /> <br />WHEREAS, the City and McCormick & Company, Inc. (“McCormick”) entered into a <br />certain lease agreement dated June 1, 1976 (“Lease”), attached and incorporated herein as Exhibit <br />1 which afforded and incentivized McCormick’s use of the Property; and <br /> <br />WHEREAS, pursuant to the Lease, McCormick had certain financial obligations to the <br />City; and <br /> <br />WHEREAS, the City committed to transfer ownership of the Property for One Dollar <br />($1.00) upon McCormick’s successful completion of its financial obligations to the City, which <br />included the repayment of all amounts due under the original financial terms of the Lease; and <br /> <br />WHEREAS, McCormick has openly and notoriously been in possession of the Property <br />since executing the Lease; and <br /> <br />WHEREAS, McCormick completed all its financial obligations under the Lease in 2001; <br />and <br />WHEREAS, McCormick has, at all times, been current with all property tax obligations <br />pursuant to the Property and improvements thereon; and <br />WHEREAS, the City and McCormick represent that it was an oversight which led to the <br />failure to properly document the conveyance of the Property to McCormick in 2001 upon <br />McCormick’s successful completion of its financial obligations under the Lease; and <br />WHEREAS, the City wishes to convey title to the Property via Quit Claim Deed, attached <br />and incorporated herein as Exhibit 2; and <br />WHEREAS, McCormick agrees to execute an Indemnification Agreement for the benefit <br />of the City as part of the conveyance of the Property, attached an incorporated herein as Exhibit 3.