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HomeMy WebLinkAboutAuthorizing the Mayor to accept said immediate right-of-entry, subject to the enclosed terms and conditions RESOLUTION NUMBER 21---62 Passed by the Common Council of the City of South Bend, Indiana, NOVEMBER 7, 19 62 Attest: � e "C� City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana NOVEMBER 8, 19 62 City Clerk I Approved and signed by me NOVEMBER 8, 1962 Mayor 1 r RESOLUTION WHEREAS, on the 29th day of October, 1962, the District Public Works Office, Ninth Naval District, of Great Lakes, Illinois, granted the City of South Bend, Indiana, an immediate right-of-entry, subject to certain terms and conditions for the purpose to commence construc- tion of a portion of the earth fill for the abutment of the Sample Street Bridge (State Road No. 23, Section No. DD9 Project No. U. S. 181 (7)) on the premises of the U. S. Naval & Marine Corps Reserve Training Center, South Bend, Indiana, more particularly described in the lease agreement between the parties hereto dated 1 January, 1947, as modi- fied, and designated as NOy(R)-41203, and WHEREAS, said District Public Works Office Ninth Naval District, has requested that said right-of-entry subject to certain terms and con- ditions, be accepted by the Municipal City of South Bend, and WHEREAS, it is necessary that a Resolution be adopted authorizing the Mayor of the City of South Bend to accept same, NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City of South Bend, Indiana, be authorized to accept said imme- diate right-of-entry, subject to the following terms and oonditions: 1. The immediate right-of-entry granted hereby is revocable at any time without notice at the option and discretion of the Department or its duly authorized representative. 2. It is understood and agreed by and between the parties hereto that the issuance of this immediate right-of-entry does not constitute a commitment on the part of the Department to vacate the premises until the Congress of the United States of America authorizes the construction of a new Naval Reserve Training Center Facility, appropriates funds therefor and construction of a new facility is completed and it is ready for occupancy. By the acceptance of this right-of-entry the City agrees that upon vacation of the Premises, at such time as a new facility is ready for occupancy, the City will pay to the United States of America the sum of $254, 000. 00 for the Department's improve- ments on the premises. 3. The construction work to be accomplished pursuant hereto shall be without interference in any manner with the continuing utilization by the Navy of the facilities of the Naval & Marine Corps Reserve Training Center, South Bend, Indiana and shall be subject to the written approval of the District Public Works Officer, Ninth Naval District and to such regulations concerning the security of the training center as the District Public Works Officer may promulgate. 4. The City shall be liable for any loss or damage to the Premises incurred as a result of its use hereunder and shall make such restoration or repair or monetary compensation as may be directed by the Department. 5. The City shall indemnify and save harmless the Government, its officers, agents, servants and employees from all liability under the Federal Tort Claims Act (62 Stat. 869, 982:2d U. S. C. Sec. 2671, 2680) or otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting from the use of the Premises by the City. 6. OFFICIALS NOT TO BENEFIT: No member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this grant or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this grant if made with a corporation for its general benefit. 7. GRATUITIES: The City warrants that it has not employed any person to solicit or secure this Grant upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Government the right to annul this Grant or in its discretion to recover from the City the amount of such commission, percentage, brokerage or contingent fee in addition to the consideration herein set forth. This warranty shall not apply to commissions payable by the City upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the City for the purpose of securing business. -2- BE IT FURTHER RESOLVED, that the Mayor of the City of South Bend, is herewith authorized to execute the acknowledgment and acceptance of said right-of-entry, subject to said terms and conditions. Me er the Common Counc' -3- 1 Y I I� !' I� kl III