06/10/74 Board of Public Works Minutes

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REGULAR MEETING JUNE 10, 1974 9. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties; and this contract shall be bindinb upon the parties hereto, their heirs, administrators, executors, successors and assigns. 10. Landmark agrees to furnish to the City within ten (10) days after the execution of this Agreement its corporate resolution duly authorizing Landmark to enter into this Agreement of Sale. 11. This Agreement is expressly made conditional upon its acceptance by the Common Council of the City of South Bend and the approval of the ordinance adopted by the Common Council appropriating the funds herein provided for the payment of the purchase price by the appropriate Board of the State of Indiana, and should said Agreement for any reason fail to be approved by said State Board, then this Agreement shall be null and void and of no force and effect and all rights and liabilities of the parties hereto shall terminate. LANDMARK OF INDIANA, INC. ca wM BY: s/ James P. Conboy, Jr. President W SELLER L CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome BUYER ATTEST: s/ Patricia DeClercq, CLERK, BOARD OF PUBLIC WORKS EXHIBIT A - A MAP AND DESCRIPTION OF THE REAL ESTATE WAS ATTACHED TO THE ORIGINAL AGREEMENT REQUEST FOR OPEN AIR STAND APPROVED Mr. Dewey Covell filed application with the Board to operate an open air stand for the sale of fireworks at 1210 South Ironwood Drive. Mr. Covell is the owner of the property and it is properly zoned commercial. Upon motion made, seconded and carried, the Board approved the stand, subject to Mr. Covell's purchasing an Open Air Stand license from the City Controller's Office and subject also to the stand selling only legally approved fireworks as stipulated by State Law, Burns Statutes 20-1101, specifically sparklers and toy snakes. Mr. Barcome requested that the Fire Department Inspection Bureau be directed to check the stand to see that only legal fireworks are being sold. REQUEST FOR CLARIFICATION OF CITY POLICY ON OPEN AIR STANDS Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment, asked the Board for clarification of City policy in regard to licensing of stands. Mr. Lennon said that vendors on River Bend Plaza are required to purchase city licenses and furnish liability insurance. He said approval was given to an Art Association to hold an Art Show in Leeper Park and it was his understanding that they were not required to purchase licenses. Mr. Lennon said he felt any policy should be uniform. Mr. Seitz said that the Park Board approved the Art Show and they do not require any permits. He said he did not know whether the Art Show allowed sales. Upon motion made, seconded and carried, the Board referred the question to the Legal Department for an investigation and report.