07/22/02 Board of Public Works Minutes

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REGULAR MEETING JULY 22, 2002 3. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on July 18, 2002 at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Donald E. Inks, Member s/Carl Littrell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT SUBSTITUTE RESOLUTION NO.37-2002 - AUTHORIZING AN EASEMENT TO USE TWO RETENTION PONDS RELATED TO THE TJX REDEVELOPMENT PROJECT Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: SUBSTITUTE RESOLUTION NO. 37-2002 SUBSTITUTE RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AUTHORIZING AN EASEMENT TO USE TWO RETENTION PONDS RELATED TO THE TJX REDEVELOPMENT PROJECT WHEREAS, as part of a redevelopment proj ect within the Sample -Ewing Development Area ("TJX Project"), the South Bend Redevelopment Commission ("Commission") intends to undertake demolition of existing buildings and new construction of streets and infrastructure in the Sample - Ewing Development Area in the vicinity of the intersection of Olive and Sample Streets, South Bend, Indiana, ("Property") as is more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, on June 24, 2002, the City of South Bend Board of Public Works adopted Resolution No. 37-2002 authorizing TJX an easement to use two retention ponds located near the Property; and WHEREAS, the terms and conditions relating to the use of the retention ponds are more specifically set forth in that certain "Drainage and Construction Easement Agreement for the Benefit of The TJX Companies, Inc. and AJW South Bend Realty Corporation" ("Easement Agreement") the form of which is attached hereto and incorporated herein as Exhibit `B"; and WHEREAS, this Substitute Resolution is intended to replace Resolution No. 37-2002 adopted on June 24, 2002 and to incorporate and to approve the terms and conditions as expressed in the Easement Agreement and further, to authorize execution of the Easement Agreement by the Board and upon execution, to cause the Easement Agreement to be duly recorded. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works as follows: Section 1. The form of"Drainage and Construction Easement Agreement for the Benefit of The TJX Companies, Inc. and AJW South Bend Realty Corporation" is hereby approved subject to final review by Board legal counsel. Section 2. The Board hereby authorizes the execution of the "Drainage and Construction Easement Agreement for the Benefit of The TJX Companies, Inc. and AJW South Bend Realty Corporation" by the Board in a final form that is acceptable to legal counsel and upon execution,