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REGULAR MEETING JUNE 9, 2015 196
<br />ADOPT RESOLUTION NO. 27-2015 — A RESOLUTION OF THE BOARD OF PUBLIC
<br />WORKS APPROVING THE 'TRANSFER OF REAL PROPERTY TO THE SOUTH BEND
<br />REDEVELOPMENT COMMISSION
<br />Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following
<br />Resolution was adopted by the Board of Public Works:
<br />RESOLUTION NO.27-2015
<br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS
<br />OF THE CITY OF SOUTH BEND, INDIANA —
<br />APPROVING THE TRANSFER OF REAL PROPERTY
<br />TO THE SOUTH BEND DEPARTMENT OF REDEVELOPMENT
<br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has
<br />custody of and may maintain and dispose of all real property owned by the City of South Bend,
<br />Indiana (the "City") pursuant to I.C. 36-9-6-3; and
<br />WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may
<br />transfer or exchange property with another governmental entity upon terms and conditions
<br />agreed upon by the two entities as evidenced by the adoption of substantially identical
<br />resolutions of each entity; and
<br />WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
<br />governing body of the South Bend, Indiana, Department of Redevelopment (the "Department")
<br />and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment
<br />Districf), exists and operates under the provisions of I.C. 36-7-14, as amended from time to time
<br />(the "Acf') and is a body corporate and politic; and
<br />WHEREAS, the Department, by and through the Commission, has presented to the
<br />Board, a request for the transfer of a certain parcel of real property previously transferred to the
<br />Board by GMS Realty, Inc. pursuant to Resolution No. 06-2012 and more particularly described _
<br />in Exhibit A (the "Property"); and
<br />WHEREAS, the request provides that the Board will transfer the Property to the
<br />Department to facilitate its redevelopment efforts in the River West Development Area (the
<br />"RWDA"); and
<br />WHEREAS, the City, through the Board, desires to transfer the Property to the
<br />Department and to authorize the Mayor to approve and execute a quit claim deed effecting the
<br />transfer of the Property and the City Clerk to attest such deed; and
<br />WHEREAS, in connection with the City's transfer of ownership of the Property to the
<br />Department, the City, through the Board, desires to assign to the Department a certain lease by
<br />and between the Board, as lessor and assignee of G.M.S. Realty, Inc., and Gates Automotive
<br />Corp., as lessee, dated August 1, 2008 (the "Lease'), which affects the Property; and
<br />WHEREAS, the Commission has adopted a resolution consistent with the requirements
<br />of I.C. 36-1-11-8 concerning the transfer of the Property to the Department.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
<br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />1. The transfer of the Property, and all the City's interests therein, described in —
<br />Exhibit A situated in St. Joseph County, Indiana, by the City of South Bend, Indiana, acting by
<br />and through its Board of Public Works, to the South Bend Redevelopment Commission, for and
<br />on behalf of the City of South Bend, Department of Redevelopment, shall be, and hereby is,
<br />approved.
<br />2. The Mayor and the City Clerk, or the duly authorized designee(s) of each, shall
<br />be, and hereby are, authorized to approve the form of and execute and attest, respectively, a quit
<br />claim deed or any other instruments necessary to convey all of the right, title and interest in the
<br />Property to the Department pursuant to the terms and conditions evidenced by this Resolution.
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