2006-05-03 Resolution 157 - Laserfiche WebLink

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constructing a building on its property against MPL's desires (the "Lot lA Dispute"); and WHEREAS, MPL further contends that an asphalt drive on Lot 1 B and Lot 1 C as such terms ( are defined at Exhibit A) also encroaches the Pipeline Easements (the "Asphalt Drive"); and WHEREAS, MPL is unwilling to allow for any development of the Hotel Site, the construction or presents of which may encroach its rights under the Pipeline Easements until the issues involving the Asphalt Drive and the Lot lA Dispute are resolved; and WHEREAS, MPL contends that the Developer's Improvements would be considered an encroachment of the Pipeline Easement; and WHEREAS, a form of a Settlement Agreement and Release along with forms of the Easement Amendment and the Irrevocable License Agreements contemplated thereby (the "Easement Documents") have been submitted to the Authority; and WHEREAS, in order to induce MPL to grant the Authority (and ultimately the Developer) an irrevocable license permitting the Developer Improvements on the Hotel Site, the Authority desires to approve the form of the Easement Documents and to authorize the President of the Authority (the "President") and/or the Secretary of the Authority (the "Secretary") to execute the Easement Documents, with such changes as such officer or officers may approve upon the advice of legal counsel; • NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT AUTHORITY AS FOLLOWS: 1. The Authority hereby approves the form of the Easement Documents as presented to the Authority at this meeting, and the Secretary is instructed to include a copy of said Agreement with the minutes of this meeting. 2. The Authority hereby authorizes and directs the President and/or the Secretary to negotiate, execute and deliver the Easement Documents and other documents contemplated thereby or incidental thereto on behalf of the Authority in the form approved by the Authority, with such changes either in form or substance as may be approved by the President and/or Secretary, upon the advice of the legal counsel, with such approval to be conclusively evidenced by such execution. The Secretary and Donald Inks, the Director of Redevelopment Authority, are further authorized to attest the signatures of the President and Secretary, respectively, on the Easement Documents and other documents contemplated thereby or incidental thereto. 3. This Resolution shall take effect immediately upon its adoption by the Authority. F.•IDATAISHAREILegallWpdatalSEPlEconomicDevelopmentlBlackthornHoteIIRAResolutionApprovingFormofMarathonEasement Agreement.doc