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RESOLUTION NO. 09-2022 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF <br />SOUTH BEND, INDIANA ACCEPTING TRANSFER OF REAL PROPERTY <br />FROM CROSS COMMUNITY, INC. <br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) <br />exists pursuant to Indiana Code Section 36-4-9-5, and may have custody of and maintain real <br />property owned by the City of South Bend, Indiana (the “City”) pursuant to Indiana Code <br />Section 36-9-6-3; and <br />WHEREAS, Cross Community, Inc. (the “Organization”) is a non-profit formed, <br />existing, and operating under the laws of the State of Indiana; and <br />WHEREAS, The City and the Organization have entered into an Agreement for <br />Programs and Services, dated December 20, 2018, as amended by the First Addendum to <br />Agreement for Programs and Services, dated July 28, 2020, as amended by the Second <br />Addendum to Agreement for Programs and Services, dated August 10, 2021 (together, the <br />“Services Agreement”); and <br />WHEREAS, the Organization agreed to work with the City under the terms of the <br />Agreement, so long as the City transferred ownership of certain City real properties in exchange <br />for certain real properties owned by the Organization; and <br />WHEREAS, in accordance with the Agreement, the Organization acquired and continues <br />to own certain real property described in Exhibit A (“the Property”); and <br />WHEREAS, the Organization desires to transfer the Property to the City. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />1. The Board, on behalf of the City, accepts the conveyance of the Property from the <br />ORGANIZATION pursuant to Ind. Code 36-7-14-12.2. <br />2.The Board authorizes Andrew Netter, Senior Planner and Property Development <br />Analyst in DCI, to act on behalf of the Board to execute any documents or take any <br />action on the Board’s behalf relevant to the acquisition of the Property, including but <br />not limited to signing any closing documentation and presenting the deed for <br />recordation. <br />3. This Resolution shall be in full force and effect upon its adoption by the Board. <br />Signature Page Follows