06/01/2005 Board of Public Works Special Meeting Minutes

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SPECIAL MEETING JUNE 1, 2005 tjISo WHEREAS, the City, acting by and through the Board, and SJVMI are parties to that certain Reciprocal License Agreement ("License Agreement") having an effective date of March 14, 2005 in which the City grants to SJVMI a license to utilize City -owned rights -of -way underground conduits, manholes and related facilities for the purpose of installing, operating and maintaining multi -strand fiber optic cable and SJVMI grants to the City a license for a certain number of fiber strands in fiber-optic cable owned by SJVMI for the City's exclusive use; and WHEREAS, Paragraph 13 of the License Agreement provides for the assignment of the License Agreement and all of its rights and obligations to a third party upon prior written consent of the other party; and WHEREAS, Teachers Credit Union ("TCU") is a financial institution with principal offices located at 110 South Main Street, South Bend, Indiana, and TCU is willing to extend credit to SJVMI in exchange and consideration of SJVMI's agreement to assign its right, title and interest in and to the License Agreement under the terms and conditions set forth in that certain Assignment of Assignor's Interest in Agreement, the form of which is attached hereto and incorporated herein as Exhibit A ("Assignment"); and WHEREAS, the City is willing to permit SJVMI to assign its interest in the License Agreement for the purpose of obtaining credit from TCU under the terms and conditions set forth in the Assignment. NOW, THEREFORE, be it resolved by the Public Works Board of the City of South Bend, Indiana as follows: 1. The City, acting by and through the Board, hereby consents to SJVMI's assignment of its right, title and interest in and to the License Agreement to TCU in consideration of TCU's agreement to extend credit to SJVMI. 2. The City's consent to said assignment is subject to the terms and conditions expressed in the License Agreement and the Assignment referenced herein. ADOPTED the 1st day of June, 2005. s/Gary Gilot s/Carl Littrell s/Don Inks ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF GRANT OF ENCROACHMENT EASEMENT — SOUTH BEND COMMUNITY SCHOOL CORPORATION Mr. John Livingston, Legal Department, stated the South Bend Community School Corporation is constructing support columns on the existing support of its building located at 215 South St. Joseph Street. The construction of the wrapped columns will encroach upon the right-of-way. The Board of Public Works is asked to grant a permanent temporary right of easement. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Grant of Encroachment Easement was approved. PRIVILEGE OF THE FLOOR Mr. Gilot noted two (2) Boy Scouts were present to observe the Board of Public Works for merit badges. The Board answered several questions from the young men. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 10:18 a.m.