HomeMy WebLinkAboutResolution No. 187 Payment of Settlement Funds to Blackthorn Owners AssociationRESOLUTION NO. 187
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
AUTHORIZING PAYMENT OF SETTLEMENT FUNDS
TO BLACKTHORN OWNERS' ASSOCIATION
WHEREAS, the South Bend Redevelopment Authority (the "Authority ") has been
created pursuant to Ind. Code § 36-7 -14.5 (the "Act ") as a separate body, corporate and politic,
and as an instrumentality of the City of South Bend, Indiana (the "City ") to finance local public
improvements for lease to the South Bend Redevelopment Commission (the "Commission ") on
behalf of the City of South Bend, Indiana, Department of Redevelopment (the "Department ");
and
WHEREAS, the Authority holds title to certain properties within the Blackthorn Office
Park, on which several trees have been planted; and
WHEREAS, the Authority caused certain DUPONT products to be used on said trees,
which products damaged said trees to the extent they had to be replaced; and
WHEREAS, DUPONT has proposed a settlement of the Authority's claim for damage in
the sum of Twenty Thousand Six Hundred Forty Three and 75/100 Dollars ($20,643.75), the
Authority has accepted DUPONT's proposal and DUPONT has paid the settlement to the
Authority; and
WHEREAS, the Authority desires to authorize the payment of those settlement funds to
the Blackthorn Owners' Association so that new trees can be planted in place of the damaged
trees which have already been removed at the expense of DUPONT, all as set forth in the Tree
Planting Maps, prepared by Site Scapes, Inc., and attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT AUTHORITY AS FOLLOWS:
1. The Authority hereby authorizes the payment of those settlement funds in the total
sum of Twenty Thousand Six Hundred Forty Three and 75/100 Dollars ($20,643.75) to the
Blackthorn Owners' Association and authorizes the staff of the Department to take all steps
necessary and to execute such documents, as may be necessary, on the advice of Counsel, so that
new trees can be planted in place of the damaged trees, as set forth in the Tree Planting Maps,
attached hereto.
2. This Resolution shall be in full force and effect after its adoption.
ADOPTED at a meeting of the South Bend Redevelopment Authority held on December
18, 2013 at 227 West Jefferson Boulevard, South Bend, Indiana 46601.
ATTEST:
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Joge Alvarez- , Sec
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SOUTH BEND REDEVELOPMENT
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