05/23/2005 Board of Public Works Minutes

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REGULAR MEETING MAY 23, 2005 Lounge, Inc. et al. v. The City of South Bend, an Indiana municipal corporation, et al. ("Lawsuit"); and WHEREAS, Arthur T. Ford is a principal in Kitty Kat, Inc, and, in order to settle the Lawsuit, Arthur T. Ford is willing to sell his interest in the Kitty Kat Properties to the City of South Bend and Linette L. Ford is also willing to sell her interest in the Kitty Kat Properties to The City of South Bend; and WHEREAS, the South Bend Common Council, fiscal body of the City of South Bend, has previously appropriated the sum of One Hundred Seventy Five Thousand and 00/100 Dollars ($175,000.00) in settlement of the Lawsuit with Kitty Kat, Inc. and to complete the acquisition of the Kitty Kat Properties; and y WHEREAS, the care, custody and control of City real estate is vested in the Board of Public Works ("Board") pursuant to I.C. 36-9-6-3; and WHEREAS, the Board, desires that title to the Kitty Kat Properties be vested in the "City of South Bend, for the use and benefit of its Department of Redevelopment" in order to facilitate the South Bend Redevelopment Commission's efforts in redeveloping the area known as the Sample -Ewing Development Area; and WHEREAS, the City of South Bend, Department of Redevelopment, acting by and through its governing body, the South Bend Redevelopment Commission ("Commission") desires to accept title to the Kitty Kat Properties; and WHEREAS, the Board and the Commission desire to enter into an agency agreement wherein the Commission shall act as the Board's agent with respect to taking title and possession of the Kitty Kat Properties and other related matters, a copy said Agency Agreement is attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the City of South Bend, Indiana, Board of Public Works as follows: Section 1. The Board hereby approves of the Agency Agreement and hereby authorizes its execution in substantially the form attached hereto as Exhibit "A" with such changes as the Board may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Board=s approval of such changes. The Clerk is hereby directed to file a copy of the Agency Agreement with the Commission. Section 2. This Resolution shall be in full force and effect after its adoption by the Board. ADOPTED at a meeting of the City of South Bend Board of Public Works held on May 23, 2005 in Room 1308 County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell ATTEST: s/Angela K. Jacob, Clerk APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Signs LOCATION: 1238 Sorin REMARKS: All Criteria Has Been Met NEW INSTALLATION: (Temporary) Sample Street, West Bound Traffic Restriction REMARKS: 'May 18 and 19, 2005 only, Police Department Dedication FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the following Certificates of Insurance were accepted for filing: