HomeMy WebLinkAbout6.C.(3) Resolution No. 25841~ ~ C~~
RESOLUTION NO. 2584
A RESOLUTION OF THE SOUTH BL-ND REDEVELOPMENT COMMISSION,
APPROVING THE EXECUTION OF A PURCHASE AGREEMENT FOR THE
TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND
REDEVELOPMENT COMMISSION TO THE SOUTH BEND PUBLIC
TRANSPORTATION CORPORATION.
WHEREAS, pursuant to I.C. 36-7-14-3. the South Bend Redevelopment Commission ("Commission") is the
~~overning body ofthe City of South Bend Department of Redevelopment ('`City') and, pursuantto I.C. 36-7-14-12? and
-19, may acquire and dispose of interests in property; and
WHEREAS. pursuant to I.C. 36-9-4-12, the South Bend Public Transportation Corporation ("Transpo'") is a
separate municipal corporation and, pursuant to LC. 36-9-4-30, Transpo, acting through its Board of Directors ("Board"),
may acquire interests itt property: and
WHEREAS, Transpo and the City, acting through the Commission. are parties to an agreement entitled
"Contract for Ptn~chase and Sale of Real Estate" (the "A~rreement'~) related to the acquisition of certain properties located
at and commonly known as the South Bend Stamping Plant described as a part of the Northeast Quarter of Section 14.
Township 37 North, Range 2 East in the City of South Bend. Indiana. containing 38.23 acres more or less ("Property'~)_
and
WHEREAS. a portion of the Properh~ (approximately 20 acres) was intended to be the location ofTRANSPO's
new corporate and facilities campus (the "Operations Facility"): and
WHEREAS, pursuant to the A~~reement, Transpo provided to the City, acting dn-ough the Connnission, an
earnest money deposit of One Million Dollars (S 1,000.000.00)(the "Earnest Money Deposit': and
WHEREAS, the City, acting throu~~h the Commission, has requested that Transpo locate the Operations Facility
on property different from the Property (the "New Property'); and
WHEREAS. Commission has determined that relocating the Operations Facility to the New Property is in the
best interests of Transpo and the City: and
WHEREAS. the Connnission and Transpo have agreed to terminate the Agreement on the Property and retun~
the Earnest Money Deposit to Transpo (the "Termination A~~reemenf~) and enter into a ne~a pw•chase and sale agreement
on the New Property (the "New Agreement') related to the acquisition of the New Property for the Operations Facility
containin~~ ? 1.6 acres more or less. which. upon plat committee approval, shall be referred to as Lot 2 of the Transpo
Minor Subdivision: and
WHEREAS. Commission desires to complete the transfer of the New Property from the City to Transpo
pursuant to the teens of the New Agreement: and
WHEREAS, pursuantto Ind. Code ~ 36-1-1 1-8, the City. by and throu~~h the Connnission, and Transpo, by and
throu«h its goy enlin~~ body. may exchange or transfer property with one another upon teens and conditions agreed upon
by the two (')entities as evidenced by the adoption of substantially identical resolutions of each entity: and
WHEREAS. Transpo has or will consider a substantially similar resolution approving the execution oPthe New
Agreement.
NOW, THERhFORE. BE ]T RESOLVED by the South Bend Public Transportation Corporation that:
1) Upon the executirn~ of the Termination Agreement by Transpo and the City, acting through the
Commission, the Commission shall execute the Ne~a~ Agreement, substantially in the forn attached
hereto as Exhibit A. to pw•chase the New Property.
2) The transfer of the Ne~~ Property, as provided in the New Agreement, shall be, and hereby is,
approved.
3) This Resolution shall be in full force and effect upon its adoption by the Commission and upon the
adoption of a substantially similar resolution by the goveriing body of Transpo.
4) Don Inks or Leff Gibney is authorized to execute on behalf of the Commission any documents
necessary to cagy out the intent of this Resolution.
CITY OF SOUTH BEND, DEPARTMENT OF
REDEVELOPMENT
Sr,,>nuan-e
Pt~intcd h4nne and Tide
South Bend Redevelopment Commission
ATTEST:
Signntnre
Printwl \iuneuntl fide
publicl rui,Pt~_RGSd~~c