No. 0109 authorizing Bruce C. Hammerschmidt, Atty. Dept. of Redevelopment to settle litigation involving Interstate Demolition Corp. at a full and total sum of $23,000

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RESOLUTION NO. 109 AUTHOR ING BRUCE C. HUMRSCHMIDT, ATTORNEY FOR. THE DEPARTMENT OF R PMENT, TO SETTLE LITIGATION INVOLVING INTERSTATE DEMOLITION CORPORATION AT A FULL AND TOTAL SUM OF $23,000 WHEREAS there is a cause of action entitled Interstate Demolition Corporation s. City of South Bend, Indiana, et al., Cause No. 3298 in the United States District Court$ south Bend, Indiana Division, and WHEREAS said cause of action resglts from an alleged breach of demolition contract entered into between Interstate Demolition Corporation emd the City of South Bend, Indiana, by its Department of Redevelopment, in Project R -7, and WHEREAS said cause of action makes claim for the total sum of $79,960.27, emd WHEREAS the Office of Chief Counsel of Urban Renewal Administration has authoriz (d settlement of this claim against the Department of Redevelopment, and settlement has been recommended to the Commission ,-)y its local attorney, NOW THEREFORE BE IT RESOLVED that Bruce C. Hammerschmidt, the - attorney for the South Bend Redevelopment Commission and attorney for the defendants in the litigation entitled Interstate Demolition Corporation irs. City of South Bend, Indiana, et al., Cause No. 3298 in the United States District Court, South Bend, Indiana. Division is hereby authorized to settle said litigation in full for the total sum of $23,000.00 ulon full release of any and all liability executed by the Interstate Demolition Corporation to the City of South Bend, Department of Redevelopment and all other defendants in said cause of action, and that dismissal of said cause of action by the said Interstate Demolition Corporation e executed. BE IT THER RESOLVED that upon the dismissal of said cause of action by the Interstate Demolition Corporation and the delivery of its release of a l liability to the defendants in said cause of action, that Bruce C. Hammerschmidt as attorney for said Department of Redevelopment is hereby authorized to dismiss the counter -claim of the City of South Bend, Indiana, on behalf of its Department of Redevelopment and to furnish a full and complete release to the Interstate Demolition Corporation of any and all iability upon the contract for demolition entered into between the aid Interstate Demolition Corporation and the City of South Bend, ndiana., Department of Redevelopment, and the President and Secretary of said Department of Redevelopment are hereby authorized to execute the said release of all liability under said demolition contract to Interstate Demolition Corporation.