Resolution No. 44 - Assignment And Assumption Of Garage-Related Agreements (RDC-BPW) [SIGNED]

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RESOLUTION NO. 44-2016 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF THE WAYNE STREET PARKING GARAGE FROM THE SOUTH BEND REDEVELOPMENT COMMISSION, ACCEPTING THE ASSIGNMENT OF CERTAIN PARKING GARAGE -RELATED AGREEMENTS FROM THE SOUTH BEND REDEVELOPMENT COMMISSION, AND APPROVING AN AGENCY AGREEMENT WITH THE SOUTH BEND BOARD OF PARK COMMISSIONERS FOR PARKING GARAGE MANAGEMENT AND PARKING ENFORCEMENT WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain real property owned by the City of South Bend, Indiana (the "City") pursuant to Ind. Code 36-9-6-3 and may maintain and operate municipal parking facilities pursuant to Ind. Code 36-9-11; and WHEREAS, the South Bend Redevelopment Commission, the governing body of the City of South Bend, Indiana, Department of Redevelopment (the "Commission"), exists and operates pursuant to Ind. Code 36-7-14; and WHEREAS, on September 15, 2016, the Commission adopted its Resolution No. 3361 providing for the transfer of the parking facility located at 121 E. Wayne Street in the City and commonly known as the Wayne Street Parking Garage (the "Wayne Street Garage") to the Board and thereunder executed a warranty deed conveying the Wayne Street Garage to the Board (the "Warranty Deed"); and WHEREAS, the Board desires to accept the Commission's conveyance of the Wayne Street Garage to the Board consistent with the Board's powers under Ind. Code 36-9-11; and WHEREAS, in order to consolidate and clarify certain contractual arrangements concerning the Wayne Street Garage, the parking facility located at 126 N. Main Street (the "Main Street Garage"), and the parking facility located at 109 W. Jefferson Boulevard (the "Leighton Garage") (collectively, the "Garages"), the Commission's Resolution No. 3361 provided for the assignment of certain Garage -related agreements to the Board, and the Commission executed that certain Assignment And Assumption Of Garage -Related Agreements, attached hereto as Exhibit A (the "Assignment"); and WHEREAS, the Board desires to accept the Commission's assignment of certain agreements pertaining to the Garages as set forth in the Assignment; and WHEREAS, the Board desires to appoint the City of South Bend Parks and Recreation Department, acting by and through its Board of Park Commissioners (the "Parks Department"), as the Board's agent to manage and to contract for the management of parking operations in the Garages and, pursuant to the Board's authority under South Bend Municipal Code Sec. 20-17, to contract for the enforcement of parking regulations in the Garages and on public rights -of -way; and