Resolution No 23-2019 - Authorizing Staff to Effect Transaction for Seitz Park

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RESOLUTION 23-2019 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING STAFF TO EFFECT TRANSACTION WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain all real and personal property of the City of South Bend, Indiana (the "City") pursuant to Indiana Code Section 36-9-6-3 (the "Code"); and WHEREAS, in conjunction with the Project Agreement, Agreements to Terminate and Release Real Property Interests, and Shared Perpetual, Non -Exclusive Ingress, Egress and Utility Easement Agreement approved by the Board at its June 25, 2019 meeting related to the University of Notre Dame du Lac's pursuit of the construction of a hydroelectric power generation facility to be situated at Seitz Park, as well as the restoration, renovation, and expansion of Seitz Park (the "Agreements"), the Board may have to execute ancillary documents in order to effectuate the transactions contemplated by the Agreements; and WHEREAS, to carry out the intentions of the Agreements, the Board desires to allow a City employee to execute ancillary documents related thereto on its behalf. NOW, THEREFORE, BE IT RESOLVED by the City of South Bend, Indiana, Board of Public Works as follows: 1. The Board authorizes David Relos of the City's Department of Community Investment, in conjunction with a review by the City's Department of Law, to execute any documents required to effectuate the transactions contemplated by the Agreements. 2. This Resolution will be in full force and effect upon its adoption. Signature Page Follows