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REGULAR MEETING <br />MARCH 22, 2016 112 <br />ACCEPTING THE TRANSFER OF CERTAIN INTERESTS IN REAL PROPERTY <br />FOR USE IN CONNECTION WITH THE SMART STREETS PROJECT <br />WHEREAS, the South Bend Redevelopment Authority (the 'Authority") exists and <br />operates pursuant to I.C. 36-7-14.5 as a separate body corporate and politic and an <br />instrumentality of the City of South Bend, Indiana (the "City"); and <br />WHEREAS, the South Bend. Redevelopment Commission (the "Commission") exists <br />and operates pursuant to I.C. 36-7-14;and <br />WHEREAS, the Authority issued its Lease Rental Revenue Bonds of 2015 <br />($25,000,000.00) for the construction of certain local public improvements in the City, <br />including the completion of the City's Smart Streets initiative (die "Smart Streets Project,,); <br />and <br />WHEREAS, the Authority leased the Smart Streets Project to the Commission pursuant <br />to the Lease dated February 1, 2015, as amended by the Addendum to Lease dated April 9, <br />2015; and <br />WHEREAS, the South Bend Board of Public Works (the "Board") will carry out <br />construction of the Smart Streets Project for the Authority in accordance with the teens of <br />the Agency Agreement dated February 1, 2015; and <br />WHEREAS, on March 2, 2016, under Resolution No. 199, in accordance with its <br />purposes and powers under L.C. 36-7-145 and in furtherance of the Smart Streets Project, <br />the Authority executed the deed and casement collectively attached hereto as Exhibit 1 (the <br />'Authority Grants') conveying to the City, acting by and through the Board, certain interests <br />in real property owned by the Authority for use in connection with the Smart Streets Project; <br />and <br />WHEREAS on March 10, 2016, under Resolution No. 3331, in accordance with its <br />proposes and powers under I.C. 36-7-14 and in furtherance of the Smart Streets Project, <br />the Commission executed the easement attached hereto as Exhibit 2 (the "Commission <br />Grant") conveying to the City, acting by and through the Board, certain interests inreal <br />property owned by the Commission for use in connection with the Smart Streets Project; <br />and <br />WHEREAS, the South Bend Public Transportation Corporation ("TRANSPO") is a <br />municipal corporation existing and operating under the laws of the State of Indiana; and <br />WHEREAS, on February 15, 2016, under Resolution No. 7-2016, in accordance <br />with its corporate purposes and powers and in furtherance of the Smart Streets Project, the <br />Board of Directors of TRANSPO executed the deed and easement collectively attached <br />hereto as Exhibit 3 (the 'TRANSPO Grants') conveying to the City, acting by and through <br />the Board, certain interests in real property owned by TRANSPO for use in connection with <br />the Smart Streets Project; and <br />WHEREAS, the Board desires to accept the Authority Grants, the Commission <br />Grant, and the TRANSPO Grants (collectively, the "Smart Streets Grants'), each of <br />which is made for nominal consideration, forpurposesofthe SmaltStreets Prujcct. <br />NOW, 'THEREFORE, BE IT RESOLVED BY THE SOUTH. BEND BOARD OF <br />PUBLIC WORKS AS FOLLOWS: <br />1. The Board hereby approves and accepts the Smart Streets Grants. <br />2. The Board hereby authorizes and instructs Roger Nawrot, of the City's <br />Engineering Department, to accept the Smart Streets Grants and any other associated <br />documents and to take on behalf of the Board all necessary administrative actions to <br />accomplish the purposes of this Resolution, including recordation of the Smart Streets <br />