04/03/12 Board of Public Works Claims Review

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CLAIMS REVIEW MEETING APRIL 3 2012 118 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents ") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Ci Controller of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Board of Public Works of the Lessee is hereby authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 4. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on April 3, 2012 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s /Kathryn E. Roos ATTEST: s /Linda M. Martin, Clerk RATIFY CLOSING DOCUMENTS Mr. Larry Meteiver, Legal, stated these documents are the Administrative Settlement papers for the last total take of property at 4043 South Michigan Street, for the Main Street and Lafayette Street project. He noted the acquisition price was $350,000.00 plus an administrative settlement cost of $129,500.00. Mr. Metiever noted Mr. Gilot has signed the papers in his authority as the Board President to speed up the process, and he is now asking the Board to ratify the documents. Therefore, upon a motion by Mr. Inks, seconded by Ms. Roos and carried, Mr. Gilot's approval of the Administrative Settlement and CIosing Statement was ratified. APPROVE CLAIMS Mr. Inks stated that a request to pay claims has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Mr. Inks stated the following claims were submitted to the board for approval: Name City of South Bend City of South Bend City of South Bend City of South Bend Amount of Claim $947,699.19 $1,086,083.13 $1,203,766.95 $3,167,507.87 Date 03127112, and 03/31/12 04/03/12 03/30/12 03/30/12