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<br /> <br />RESOLUTION NO. 16-2024 <br /> <br />A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC <br />WORKS APPROVING THE TRANSFER OF PROPERTY TO MCCORMICK & <br />COMPANY, INC. <br /> <br />WHEREAS, the City of South Bend Board of Public Works (“Board”) is the contracting <br />body for the City of South Bend, Indiana (“City”); and <br /> <br />WHEREAS, the Board has custody of real property owned by the City pursuant to Ind. <br />Code Section 36-9-6-3; and <br /> <br />WHEREAS, the City is the owner of a certain parcel of real estate being more particularly <br />described in the Quit Claim Deed, attached and incorporated herein as Exhibit 1 (the “Property”); <br />and <br /> <br />WHEREAS, the City and McCormick & Company, Incorporated, a Maryland corporation <br />(“McCormick”), entered into a certain lease agreement dated June 1, 1976 (“Lease”), attached and <br />incorporated herein as Exhibit 2 which afforded and incentivized McCormick’s use and operation <br />of the Property; and <br /> <br />WHEREAS, pursuant to the Lease, McCormick had certain financial and other obligations <br />to the City; and <br /> <br />WHEREAS, the City committed to transfer ownership of the Property for One Dollar <br />($1.00) upon McCormick’s successful completion of its financial and other obligations to the City, <br />which included the repayment of all amounts due under the original financial terms of the Lease; <br />and <br /> <br />WHEREAS, McCormick has openly and notoriously been in possession of the Property <br />since executing the Lease; and <br /> <br />WHEREAS, McCormick completed all its financial and other obligations under the Lease <br />in 2001; and <br />WHEREAS, McCormick has, at all times, been current with all property tax obligations <br />pursuant to the Property and improvements thereon; and <br />WHEREAS, the City and McCormick represent that it was an oversight which led to the <br />failure to properly document the conveyance of the Property to McCormick in 2001 upon <br />McCormick’s successful completion of its financial and other obligations under the Lease; and <br />WHEREAS, the City wishes to convey title to the Property to McCormick via Quit Claim <br />Deed, attached and incorporated herein as Exhibit 1; and <br />