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HomeMy WebLinkAboutNo. 2198 approving disposal of unfit property to rum village neighborhood association• RESOLUTION NO. 2198 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING OF THE DISPOSAL OF UNFIT PROPERTY TO RUM VILLAGE NEIGHBORHOOD ASSOCIATION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the Department of Redevelopment of the City of South Bend, Indiana (the "City") and the City of South Bend, Indiana, Redevelopment District, exists and operates under the provisions of Indiana Code § 36-7-14, as amended (the "Act"); and WHEREAS, the Commission has acquired property in the City located in an area commonly referred to as the Bosch Project Area (the "Area") to provide for the Area's redevelopment; and WHEREAS, certain property in the Area is scheduled for demolition, including a small storage shed (the "Storage Shed") located at 2610 Kenwood Street (the "Original Site"); and WHEREAS, the Rum Village Neighborhood Association (the "Association") desires to move the Storage Shed to 1520 South Kendall Street and utilize the Storage Shed to store certain 40 equipment of the Association used to maintain the pocket park located at the new site; and WHEREAS, the Association has agreed to assume all costs, liabilities and responsibilities related to the removal of the Storage Shed and its relocated to the new site and to remove the Storage Shed from the Original Site in a timely manner so as not to hinder the demolition and improvements scheduled to occur at the Original Site; and WHEREAS, the Commission has no need for the Storage Shed and, in authorizing its demolition, considered it worthless and unfit for the purpose of assisting in the redevelopment of the Area; and WHEREAS, the Association's removal of the Storage Shed would assist the Commission's overall redevelopment plan for the Area; and WHEREAS, the Act does not prohibit the disposal of personal property that is no longer needed or is unfit for the purpose for which it was purchased in accordance with Indiana Code § 5-22-22-3(2); and WHEREAS, the Commission desires to authorize the disposal of the Storage Shed and its transfer to the Association subject to the conditions that the Association assume all costs, liabilities and responsibilities related to the Storage Shed's removal and relocated and that the Association remove the Storage Shed in a timely manner so as not to hinder the demolition and improvements scheduled to occur at the Original Site; 0 NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The Commission hereby finds that the Storage Shed is surplus personal property that is no longer needed by the Commission and is unfit under Indiana law. 2. The Commission hereby disposes of the Storage Shed and transfers its interest in the Storage Shed to the Association subject to the Association's assumption of all costs, liabilities and responsibilities related to the removal and relocation of the Storage Shed, which assumption shall be conclusively evidenced by the Association's entry upon the Original Site to the commencement the work necessary to remove the Storage Shed. 3. The Commission hereby authorizes, requests, and directs the Commission's staff to deliver a copy of this Resolution to the Association, to arrange for Association's entry on the Original Site for the removal of the Storage Shed, and to take all steps necessary to effect the intent of this Resolution. 4. A failure by the Association to remove the Storage Shed in a timely manner hindering in any way the demolition and improvements scheduled to occur at the Original Site, as determined in the sole and unreviewable discretion of the President of the Commission, shall act as a complete forfeiture by the Association of its rights to the Storage Shed. 4 5. This Resolution shall take effect immediately upon its adoption by the Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held at 1300 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601 on November 1 S, 2005. SOUTH BEND REDEVELOPMENT COMMISSION 1 G. King, /Vices esident ATTEST: -2 Signature Greor�r S . Downes., Secretary Printed ame and Title H:IWPDATAIRedevelopment CommissionlResotution Disposing of Bosch Shed to Neighborhood Association. doc