Resolution Nos. 3632, 3634 & Transfer Agrmnt. (Airport Auth. Old Cleveland & Commerce) - Signed

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RESOLUTION NO. 3632 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION TRANSFERRING REAL PROPERTY TO THE ST. JOSEPH COUNTY AIRPORT AUTHORITY WHEREAS, the Redevelopment Commission (the “Commission”) owns certain real property consisting of four parcels, namely Parcel Nos. 71-03-33-301-008.000-009, 71-03-33- 301-015.000-026, 71-03-33-301-904.000-009, and 71-03-33-326-004.000-026, which bear the addresses of 1743 N Commerce Dr and 1705 Commerce Dr, SOUTH BEND, IN 46628 (the “Parcels”), and the Commission wishes to transfer the Parcels as further described in the Real Estate Transfer Agreement (“Transfer Agreement”), attached hereto as Exhibit A; and WHEREAS, the Commission has decided to transfer its property rights to the Parcels to the St. Joseph County Airport Authority, by and through its governing body, the St. Joseph County Airport Authority Board (“Airport Authority”) 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 the Commission and the public; and WHEREAS, the transfer of the Parcels will promote economic development projects and facilitate compatible land use planning; and WHEREAS, pursuant to Ind. Code § 36-1-11, a transfer or exchange of the Parcels may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity, and such transfer may be made for any amount of real property, cash, or other personal property, as agreed upon by the entities; and WHEREAS, Airport Authority has represented the Parcels will be used for general public benefit and welfare and will promote the recreational, public, and civic well-being of the community; WHEREAS, the Commission wishes to transfer the Parcels via a deed to Airport Authority in exchange for the Commission receiving certain real property and all improvements thereon located at 4208 Cleveland Road and under the terms and conditions as set forth in the attached Transfer Agreement and deed; and WHEREAS, the Airport Authority has adopted or will adopt a resolution substantially equivalent to this resolution setting for the terms and conditions of this transfer of Parcels between Airport Authority and the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION, AS FOLLOWS: 1.The Commission hereby approves the conveyance of the Commission Parcels for the use and benefit of the Airport Authority, pursuant to the terms and conditions of the Transfer Agreement, attached hereto and incorporated herein. 2.The transfer of title of certain real property consisting of four parcels, namely Parcel Nos. 71-03-33-301-008.000-009, 71-03-33-301-015.000-026, 71-03-33-301-904.000-009, and