12/18/89 Board of Public Works Minutes

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3'7'7 REGULAR MEETING DECEMBER 18, 1989 Finally, Mr. Leszczynski advised that a letter from the Board of Public Works to the South Bend Redevelopment Commission transmitting the Deed to the real estate at 126 Niles Avenue and requesting payment of $14,020.00 has been prepared and is being submitted for execution by the Board. Ms. Humphreys made a motion that the letter be approved and executed. Mrs. DeClercq seconded the motion which carried. ADOPT RESOLUTION NO. 46-1989 - EXTENSION OF AGREEMENT Board Attorney Jenny Pitts Manier advised that submitted to the Board today for adoption is Resolution No. 46-1989 of the Board of Public Works exercising its option to extend an Agreement. She informed the Board that a twenty (20) year lease was entered into with the Board of Aviation Commissioners conveying to the City a lease for three (3) well sites needed by the Water Works. She noted that that Agreement expired on December 8, 1989 but contained a clause that it could be renewed for an additional ten (10) years. The Resolution submitted today authorizes the renewal of the lease. She noted that this request was made by City Water Works Director Joseph Agostino. Therefore, Mr. Leszczynski made a motion that the Resolution as submitted be adopted. Ms. -Humphreys seconded the motion and the following Resolution No. 46-1989 was adopted: RESOLUTION NO. 46-1989 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, EXERCISING ITS OPTION TO EXTEND AGREEMENT WHEREAS, on the 8th day of December, 1959, the City of South Bend, Indiana ("City"), acting by and through its Board of Public Works and Safety, executed an Agreement ("Agreement") with the Board of Aviation Commissioners, St. Joseph County, Indiana, conveying to the City a lease for three (3) well sites, together with certain easements, and access routes and privileges, which Agreement was recorded with the Office of the St. Joseph County Recorder in Book 193, Page 433 et seq., a true and complete copy of which Agreement is attached hereto and incorporated herein; and WHEREAS, said Agreement was for a period of Twenty (20) Years, which term may be extended, under said Agreement, for one (1) Ten (10) Year term by the City at its option; and WHEREAS, the City is desirous of extending the term of said Agreement, as provided for therein, for one (1) Ten (10) Year period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The City hereby exercises its option to extend, for one (1) Ten (10) Year period, running from December 8, 1989 to December 8, 1999, inclusive, the Agreement executed on December 8, 1959 by and between the Board of Public Works and Safety for the City of South Bend, Indiana and the Board of Aviation Commissioners, St. Joseph County, Indiana, a true and complete copy of which Agreement is attached hereto and incorporated herein.