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AGENDA REVIEW SESSION SEPTEMBER 4, 2014 274 Winds field at Stanley Coveleski Regional Stadium ( "Stadium ") and is more particularly described in Exhibit "A "attached hereto and incorporated herein( "Property "); and WHEREAS, Swing- Batter - Swing, LLC ( "Company ") presently owns and operates a professional minor league baseball team at the Stadium currently known as the South Bend Silver Hawks ( "Team "), a Class A Minor League National Franchise in the Midwest League of Professional Baseball; and WHEREAS, the Company has proposed to construct at its own cost a professional grade batting cage facility on the Property as depicted in Exhibit "B" attached hereto and incorporated herein ( "Project "); and WHEREAS, the Park Commissioners entered into a Memorandum of Understanding ( "MOU ") with the Board of Public Works of the City of South Bend, the South Bend Redevelopment Commission, and the Company on or about September 3, 2014 to provide for the acquisition of the Property for the purpose of the Company constructing the Project and such terms and conditions being more specifically described in Exhibit "C" attached hereto and incorporated herein. , WHEREAS, Park Commissioners desires to donate and transfer the Property to the City of South Bend, and the City of South Bend desires to accept transfer of the Property from Park Commissioners on the terms and conditions expressed therein; and WHEREAS, the City, acting through its Board of Public Works, believes that the acceptance of the Property is in the best interests of the health, safety and the social and economic welfare of the City and its residents and that the transfer complies with federal, state and local laws under the authority of which the Property is being transferred; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana as follows: 1. The transfer of Property situated in St. Joseph County, Indiana, and generally described herein and more particularly described in Exhibit "A" attached hereto is hereby accepted under the terms and conditions expressed in Exhibit "C ". 2. The Board authorizes the Mayor to sign and the Clerk to attest to the Deed and upon advice of Legal counsel, to any and all other documents relating to this transaction and necessary to effect closing of same. 3. The Clerk of the Board of Public Works shall cause the recording of the Quit Claim Deed conveying the Property to the City of South Bend, Indiana upon the receipt of the same. 4. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on September 4. 2014 at 1300 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Patrick M. Henthorn ATTEST: s /Linda M. Martin, Clerk Board members discussed the following item(s) from the agenda. - IHDA Agreements for Blight Elimination Program