No. 3122 authorizing and ratifying execution of documents related to teh First Source Bank Building by the Director of Redevelopment (Fifth Amendment to Operation, Maintenance and Easement Agreement)

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RESOLUTION NO. Z z, A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AUTHORIZING AND RATIFYING EXECUTION OF DOCUMENTS RELATED TO THE FIRST SOURCE BANK BUILDING BY THE DIRECTOR OF THE DEPARTMENT OF REDEVELOPMENT ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, DEPARTMENT OF REDEVELOPMENT (Fifth Amendment to Operation, Maintenance and Easement Agreement) WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is the governing body of the City of South Bend Department of Redevelopment (the "Department ") established under the Redevelopment of Cities and Towns Act of 1953, as amended, being Indiana Code § 36- 7 -14 -1 et seq. (the "Act "); and WHEREAS, the Department owns, leases and manages property within the boundaries of the City of South Bend, Indiana; and WHEREAS, the Department is a signatory to a certain Operation, Maintenance and Easement Agreement, together with amendments thereto, related to that certain Parking Facility and Atrium (the "Common Facilities ") located in South Bend, next to the First Source Bank and the Doubletree Hotel and is a signatory to the Fifth Amendment to Operation, Maintenance and Easement Agreement ( "Exhibit A ") and other documents related the Common Facilities (the "Documents "); and WHEREAS, the Commission desires to expressly authorize the Director of the Department of Redevelopment for the Commission to execute such administrative documents as necessary to provide for the proper maintenance and management of its property interests and to ratify his actions taken pursuant thereto; NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: I. The Director of the Department of Redevelopment of the Commission, Donald Inks, or his successor (the "Director ") is hereby authorized to execute, on behalf of the Commission, the Documents, including the following: a. Fifth Amendment to Operation, Maintenance and Easement Agreement; b. Any other documents necessary to effect the closing of this transaction. 2. Any actions taken by the Director with respect to the Documents is hereby ratified by the Commission.