HomeMy WebLinkAboutNo. 2114 accepting the transfer of real property from SBCSC board of school trusteesRESOLUTION NO 2114
A RESOLUTION OF THE SOUTH .BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE
SOUTH BEND COMMUNITY SCHOOL CORPORATION
BOARD OF SCHOOL TRUSTEES
WHEREAS, the South Bend Community School Corporation, (hereinafter, "SBCSC) and
the South Bend Redevelopment Commission ( "Commission ") are parties to an agreement dated
September 9, 2004 related to the School Administration Relocation Project; and
WHEREAS, the Agreement has subsequently been revised and replaced with an Amended
and Restated Agreement dated November 19, 2004 ( "Agreement "); and
WHEREAS, under the terms of the Agreement, it is anticipated that in order to relocate its
administrative operations, SBCSC will purchase the real property and improvements located at 215
South St. Joseph Street, more commonly known as the Century Building, which is more particularly
described at Exhibit A attached hereto and incorporated herein ( "Property"); and
WHEREAS, under the terms of the Agreement, the Commission will facilitate the School
Administration Relocation Project by undertaking a variety of actions including accepting temporary
title to the Property; and
WHEREAS, the care, custody and control of SBCSC real estate is vested in the Board of
School Trustees pursuant to I.C. 20- 5 -2 -2; and
WHEREAS, SBCSC has negotiated for the purchase of the Property pursuant to that certain
Real Estate Purchase and Sale Agreement dated September 9, 2004, as amended on November 19,
2004; and
WHEREAS, SBCSC desires that the deed effecting transfer of the Property be issued to the
City of South Bend, for the use and benefit of its Department of Redevelopment under the terms and
conditions set forth in the Agreement including, but not limited to, the following:
(i) SBCSC shall direct that the deed effecting the transfer of the Property to
SBCSC be issued to the "City of South Bend, for the use and benefit of its
Department of Redevelopment "; and
(ii) The Commission shall accept title to the Property from SBCSC on a
temporarybasis and shall petition the Indiana Board of Tax Review for relief
of accrued taxes and penalties on the Property in accordance with I.C. 6-6.1 -
36 -'7; and
(iii) The Commission's acceptance of title to the Property is subject to the terms
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and conditions expressed in the Amended and Restated Agreement Between
the South Bend Community School Corporation and the South Bend
Redevelopment Commission Related to the School Administration
Relocation Project dated November 19, 2004.
WHEREAS, pursuant to I.C. 36- 1 -11 -8, the City of South Bend, Department of
Redevelopment, acting by and through its governing body, the South Bend Redevelopment
Commission, is willing to accept the transfer of the Real Property from SBCSC under the terms and
conditions referenced herein; and
WHEREAS, pursuant to I.C. 36- 1 -11 -8, the City, acting through the Commission and the
SBCSC acting by and through the Board of School Trustees, may exchange or transfer property with
another governmental entity upon terms and conditions agreed upon by the two (2) entities as
evidenced by the adoption of substantially identical resolutions of each entity; and
WHEREAS, South Bend Community School Corporation Board of Trustees has adopted or
will adopt a resolution substantially equivalent to this resolution setting forth the terms and
conditions of this transfer of Property between the SBCSC and the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
i 1. The transfer of title to the Property situated in St. Joseph County, Indiana, as
! described at Exhibit A shall be, and hereby is, accepted.
2. The Director of Redevelopment for the City of South Bend shall cause the recording
of the deed conveying all of the right, title and interest of the City of South Bend, Indiana in
and to the Property to the City of South Bend, for the use and benefit of its Department of
Redevelopment.
3. The transfer of Property shall be subject to the following terms and conditions:
(i) SBCSC shall direct that the deed effecting the transfer ofthe Property
to SBCSC be issued to the "City of South Bend, for the use and
benefit of its Department of Redevelopment ", and
(ii) The Commission shall accept title to the Property and shall petition
the Indiana Board of Tax Review for relief of accrued taxes and
penalties on the Property in accordance with I.C. 6- 6.1 -36 -7; and
(iii) The Commission's acceptance of title to the Property from SBCSC is
subject to the terms and conditions expressed in the Amended and
Restated Agreement Between the South Bend Community School
Corporation and the South Bend Redevelopment Commission
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Related to the School Administration Relocation Project dated
November 19, 2004.
4. This Resolution shall be in full force and effect upon its adoption by the South Bend
Redevelopment Commission.
ADOPTED at a meeting ofthe South Bend Redevelopment Commission held on November
19, 2004, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.
ATTEST:
By:
Its: Robert W. Hunt, Secretar)4
SOUTH BEND REDEVELOPMENT COMMISSION
C
By:
lts:Marcia T. ioneWPresident
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