10/21/91 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 21, 1991 approved the execution of and executed an Exchange Agreement, dates as of July 15, 1991, pursuant to the terms of which said property transfer was undertaken; and WHEREAS, said Exchange Agreement contained within it certain warranties and representations made by the City of South Bend concerning the environmental condition of said Maple Lane School property; and WHEREAS, pursuant to said Resolution, on August 1, 1991, a warranty deed to the former Maple Lane School property, was executed by the Mayor and City Clerk of the City of South Bend and delivered to the Civic Foundation of St. Joseph County, Inc.,; and WHEREAS, the United States of America, proposed user and owner of said Maple Lane School, has proposed the execution of a quitclaim deed by the City in favor of the United States of America, to confirm the survival of said warranties and representations past such time as the terms and conditions of said Exchange Agreement have been satisfied; and WHEREAS, the City of South Bend is desireous of and willing to accommodate such request as being consistent with its understanding of the effect of said Warranty provision of the Exchange Agreement, and finds it to be in the best interest of the City to do so. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That the execution and delivery to the United States of America of a quitclaim deed serving to convey any and all interest of the City of South Bend, Indiana in and to said real property described in Resolution 30-1991 of the Board of Public Works of the City of South Bend, Indiana, including, explicitly, the conveyance of said environmental warranties and representations made by the City in a certain Exchange Agreement dates as of July 15, 1991 and approved by the City, through its Board of Public Works on said date, shall be, and hereby is, approved. Section II. That the Mayor and City Clerk of the City of South Bend shall and are hereby authorized to execute and attest to the execution of such quitclaim deed. Section III. This resolution shall be effective from and after its adoption. Adopted this 21st day of October, 1991. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s/Katherine Humphreys s/Patricia E. DeClercq ATTEST: . s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 43-1991 - APPROVING AND AUTHORIZING THE SUBLEASE OF REAL PROPERTY BY THE CITY OF SOUTH BEND TO THE HOUSING DEVELOPMENT CORPORATION OF ST. JOSEPH COUNTY Board Attorney Mary H. Mueller informed members of the Board that Resolution No. 43-1991, approves the sublease of a number of properties by the City to the Housing Development Corporation of 1 i� 1