Laserfiche WebLink
0173 <br />REGULAR MEETING JUNE 24, 2002 <br />signage. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Letter Agreement <br />was approved. <br />APPROVE CONSTRUCTION CONTRACT - ROBERT BOSCH FACILITIES UPGRADE - PHASE <br />II - PROJECT NO. 102-12 <br />Mr. Gilot advised that in accordance with the bid awarded on June 6, 2002, to Ziolkowski <br />Construction, 1005 South Lafayette, South Bend, Indiana, in the amount of $5,555,169.00 for the <br />above referred to project, a Contract in said amount was being submitted for Board approval. Upon <br />a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Contract was approved and the <br />appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as <br />submitted were filed. <br />ADOPT RESOLUTION NO. 37-2002 - AUTHORIZING AN EASEMENT TO USE TWO <br />RETENTION PONDS NEAR THE SOUTHEAST CORNER OF OLIVE AND SAMPLE <br />STREETS/AGENCY AGREEMENT <br />Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was <br />adopted by the Board of Public Works: <br />WHEREAS, the South Bend Redevelopment Commission (the "Commission) intends to <br />undertake demolition of existing buildings and new construction of streets and infrastructure in the <br />vicinity of and southeast of the intersection of Olive and Sample streets, South Bend, Indiana, (the <br />"Property") as is more particularly described in the attached Exhibit A; and <br />WHEREAS, the City of South Bend is the owner of and has exclusive use of a divided half <br />of a retention pond near the southeast corner of the Property; and <br />WHEREAS, the TJX Companies, Inc. ("TJX") for whom the property is being developed, will <br />have a collection system for stormwater runoff and the overflow from its collection system which <br />needs to be collected for the safety of its property, employees, and the general public; <br />NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of <br />Public Works as follows: <br />Section 1. The Board hereby authorizes the grant of a non-exclusive easement to TJX for <br />its collection system to utilize the aforementioned retention ponds for the <br />collection and disposal of stormwater runoff gathered through its collection <br />system. <br />Section 2. TI is easement shall last only so long as the Property is occupied by TJX and <br />only so long as there is no change in use from the warehousing operations it <br />proposes to conduct on its property. <br />Section 3. This document is not a waiver of any fees that might be imposed in the future <br />by the City of South Bend upon all owners, occupiers, or users of the real <br />property for the collection of stormwater in the City of South Bend. <br />Section 4. Should TJX utilize the retention pond for anything other than stormwater <br />runoff, then the Commission shall have the right to revoke this easement by <br />giving written notice, by certified mail, to TJX at is principal place of business. <br />Section 5. The City of South Bend retain the right to use the retention ponds (as well as <br />the connection pipe) for use by itself and its agents. <br />ADOPTED at a meeting of the Board held on June 24, 2002 at 9:30 a.m. in Room 1308 <br />County -City Building, South Bend, Indiana 46601. <br />CITY OF SOUTH BEND, INDIANA <br />BOARD OF PUBLIC WORKS <br />s/Gary Gilot, President <br />s/Carl Littrell, Member <br />s/Don Inks, Member <br />