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CLAIMS REVIEW MEETING JANUARY 29, 2013 19
<br />A Claims Review Meeting of the Board of Public Works was convened at 8:33 a.m. on Tuesday,
<br />January 29, 2013, by Board President Gary A. Gilot, with Board Members Donald Inks, Michael
<br />Mecham, and Mark Neal present. Board Member Kathryn Roos was absent.
<br />ADDITION TO THE AGENDA
<br />Mr. Gilot noted the addition to the agenda of Estoppel Agreements an Amendment, and a
<br />Resolution related to First Source Bank,
<br />AUTHORIZE BOARD MEMBER TO ADVERTISE FOR PROPOSALS — PRE -
<br />UALIFICATIONS FOR OPERATIONS MANAGEMENT OF SOUTH BEND INDIANA'S
<br />CENTURY CENTER CONVENTION CENTER CENTURY CENTER OTHER
<br />PROFESSIONAL SERVICES)
<br />In a memorandum to the Board, Mr. Scott Ford, Community Investment, requested permission to
<br />advertise for the receipt of proposals for the above referenced service. Common Council
<br />Attorney Kathy Cekanski- Farrand was present and spoke to Mr. Gilot and they agreed the Board
<br />would authorize advertising for the services, but not proceed with the advertising until the
<br />Century Center Board of Director's approval of the Board of Work's to act as their agent and
<br />proceed. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the
<br />Board authorized Mark Neal, Controller, to proceed with the advertising of the above proposal,
<br />contingent upon the Century Center Board of Director's approval.
<br />APPROVAL OF GROUND LEASE MEMORANDUM OF UNDERSTANDING ESTOPPEL
<br />CERTIFICATE OF UNDERSTANDING AND AGREEMENT AND RESOLUTION NO. 06-
<br />2013 — AUTHORIZING DONALD INKS TO EXECUTE DOCUMENTS RELATED TO THE
<br />FIRST SOURCE BANK BUILDING — FIRST BANK CENTER LIMITED PARTNERSHIP
<br />Mr. Don Inks, Community Investment, presented the Board with two (2) Estoppel Agreements
<br />and a 5th Amendment to the Ground Lease, certifying that the terms of the City and First Source
<br />Center's agreements are in compliance. He stated the action is required for the sale of a portion
<br />of the building occupied by First Source Bank. He noted the new investor wants to make sure the
<br />current agreements are clean and without issues. Upon a motion by Mr. Gilot, seconded by Mr,
<br />Neal and carried, the Board approved the agreements subject to Legal review, and authorized
<br />Mr. Inks to sign the final documents at closing. Additionally, Mr. Mecham made a motion the
<br />Board approve the following Resolution to authorize Mr. Ink's signature of the documents. Mr.
<br />Neal seconded the motion, which carried.
<br />RESOLUTION NO. 06-2013
<br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS
<br />OF THE CITY OF SOUTH BEND, INDIANA,
<br />AUTHORIZING DONALD INKS TO EXECUTE DOCUMENTS
<br />RELATED TO THE FIRST SOURCE BANK BUILDING
<br />WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board ") has
<br />custody of and may maintain all real property owned by the City of South Bend, Indiana (the
<br />"City ") pursuant to I.C. 36-9 -6 -3; and
<br />WHEREAS, the Board is the owner of that certain Parking Facility and Atrium (the
<br />"Common Facilities ") located in South Bend next to the First Source Bank and the Doubletree
<br />Hotel and is a signatory to the Fifth Amendment to Operation, Maintenance and Easement
<br />Agreement and other documents related the Common Facilities (the "Documents "); and
<br />WHEREAS, the Documents have been presented to the Board and the Board has
<br />approved the Documents; and
<br />WHEREAS, the Board desires to expressly authorize Donald Inks, a member of the
<br />Board to execute the Documents on behalf of the Board;
<br />NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF
<br />PUBLIC WORKS AS FOLLOWS:
<br />I. Donald Inks, a member of the Board, is hereby authorized to execute, on behalf of
<br />the Board, the Documents, including the following:
<br />a. Fifth Amendment to Operation, Maintenance and Easement Agreement;
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