05/24/10 Board of Public Works Minutes

Home Browse Search

REGULAR MEETING MAY 24 2010 149 WHEREAS, the transfer of Property as more specifically described in Resolution No. 15- 2006 was conditioned upon and subject to the terms and conditions of an Agreement that was attached as an exhibit to Resolution No. 15-2006, a copy of said resolution being attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, SBHF desires to obtain ownership of the Property under the terms and conditions expressed in the Agreement and in Resolution No. 15-2006; and WHEREAS, the Board desires to reaffirm its intent to transfer the Property to SBHF, and to authorize the execution of a deed and to approve and execute any other documents deemed necessary or advisable by legal counsel to complete the transactions contemplated by the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The Board hereby reaffirms its intent to transfer the Property to SBI-IF as previously approved in its Resolution No. 15-2006 adopted on March 27, 2006. The Board further ratifies any and all actions of legal counsel, any member of the Board or employee of the City related to and necessary to effect the execution and delivery of deed and other documents associated with closing such transaction. 2. The Board further authorizes the President and its Clerk to execute and/or attest any document necessary to carry out the terms of the Agreement that was previously approved by the Board through its Resolution Na. 16-2006, with such insertions, omissions and changes as shall be approved by legal counsel, executing the same, the execution and/or attestation of such documents being conclusive evidence of such approval. The President and the Clerk, as well as the Mayor and the City Clerk, if so required by law, are authorized to execute and/or attest any documents deemed necessary or advisable by legal counsel to complete the transactions contemplated by the Agreement, including but not limited to any and all exhibits, attachments, and closing documents. The officers and employees of the City shall take all action deemed necessary or advisable by legal counsel to carry out, give effect to and consummate the transactions contemplated thereby. 3. Nothing contained in this Resolution, the Agreement, nor any other instrument shall be construed with respect to the City as incurring a pecuniary liability or charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the City ar any charge upon its general credit or against its taxing power. 4. This Resolution shall take effect immediately upon its adoption by the Board of Public Works. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on May 24. 2010 at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. BOARD OF PUBLIC WORK OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Donald E. Inks, Member s/Carl P. Littrell, Member ATTEST: s/Linda M. Martin, Clerk