Resolution No. 187 Payment of Settlement Funds to Blackthorn Owners Association

Home Browse Search

RESOLUTION NO. 187 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY AUTHORIZING PAYMENT OF SETTLEMENT FUNDS TO BLACKTHORN OWNERS' ASSOCIATION WHEREAS, the South Bend Redevelopment Authority (the "Authority ") has been created pursuant to Ind. Code § 36-7 -14.5 (the "Act ") as a separate body, corporate and politic, and as an instrumentality of the City of South Bend, Indiana (the "City ") to finance local public improvements for lease to the South Bend Redevelopment Commission (the "Commission ") on behalf of the City of South Bend, Indiana, Department of Redevelopment (the "Department "); and WHEREAS, the Authority holds title to certain properties within the Blackthorn Office Park, on which several trees have been planted; and WHEREAS, the Authority caused certain DUPONT products to be used on said trees, which products damaged said trees to the extent they had to be replaced; and WHEREAS, DUPONT has proposed a settlement of the Authority's claim for damage in the sum of Twenty Thousand Six Hundred Forty Three and 75/100 Dollars ($20,643.75), the Authority has accepted DUPONT's proposal and DUPONT has paid the settlement to the Authority; and WHEREAS, the Authority desires to authorize the payment of those settlement funds to the Blackthorn Owners' Association so that new trees can be planted in place of the damaged trees which have already been removed at the expense of DUPONT, all as set forth in the Tree Planting Maps, prepared by Site Scapes, Inc., and attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT AUTHORITY AS FOLLOWS: 1. The Authority hereby authorizes the payment of those settlement funds in the total sum of Twenty Thousand Six Hundred Forty Three and 75/100 Dollars ($20,643.75) to the Blackthorn Owners' Association and authorizes the staff of the Department to take all steps necessary and to execute such documents, as may be necessary, on the advice of Counsel, so that new trees can be planted in place of the damaged trees, as set forth in the Tree Planting Maps, attached hereto. 2. This Resolution shall be in full force and effect after its adoption.