No. 0706 joint resolution of the South Bend Redevelopment Commission and the South Bend Board of Public Works (IN R-66)

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which have subsequently been sold to the South Bend Public Transportation Corporation ( TRANSPO) for its public transportation center (Site I) and to Teachers Credit Union (TCU) for its main offices (Site II); and WHEREAS, TRANSPO and TCU require access from a service drive which shall run from East Jefferson Street, due East of Site I, then turning to run due South of Site II and due North of Site II to exit onto South Main Street (Drive); and WHEREAS, the Commission has agreed to sell twenty one feet (21') of the Drive to TRANSPO on condition that TRANSPO dedicate that twenty -one feet (21') together with an additional twenty -eight feet (28') along the North of TRANSPO's site and a required turning radius to the City of South Bend for use as a public way; and WHEREAS, the South Bend Board of Public Works (Board) is the public body with jurisdiction over public streets and ways within the City of South Bend, including the Central Downtown Urban Renewal Area, R -66. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission and South Bend Board of Public Works, as follows: 1. The paragraphs above are incorporated into and made a part of this resolution. 2. The South Bend Board of Public Works recognizes the necessity of continued accessibility by TRANSPO and TCU to their sites from the Drive as long as they retain the use of their sites in a mannner requiring access from the Drive. 3. The Board will not initiate, recommend, or authorize any action which would cause the Drive to be vacated so long as TRANSPO and TCU continue to require accessibility from the Drive to their sites. 4. The Board will designate the Drive one way north and will not initiate, recommend, or authorize any action which would cause the vehicle direction on the Drive to be changed from one way north to two way or to one way south so long as TRANSPO's and TCU's use of the Drive and their sites require the Drive to be one way north, unless both TCU and TRANSPO agree in writing to such change. 5. The Board will prohibit parking along the Drive. 6. The Board will erect signs along the Drive regarding the one way traffic and parking ban, to provide a legal basis for South Bend Police Department enforcement of these requirements along the Drive. 7. The Board, on behalf of its Department of Public Works, will keep the Drive in good and workable condition, including but not limited to sweeping and snow removal as well as repair and other maintenance. -2-