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SPECIAL MEETING
<br />RESOLUTION NO. 21 - - -62
<br />RES0LUT -ION
<br />NOVEMBER 7. 1962
<br />WHEREAS, on the 29th day of October, 1962, the District Public Works Office, Ninth Naval District, of
<br />Great Lakes, Illinois, granted the City of South Bend, Indiana, an immediate right -of- entry, subject to certain
<br />terms and conditions for the purpose to commence construction of a portion of the earth fill for the abutment of
<br />the Sample Street Bridge (State Road No. 23, Section No. DD9 Project No. U.S. 181 (7)) on the premises of the
<br />U. S. Naval & Marine Corps Reserve Training Center, South Bend, Indiana, more particularly described in the lease
<br />agreement between the parties hereto dated 1 January, 1947, as modified, and designated as NOy(R)- 41203, and
<br />WHEREAS, said District Public Works Office Ninth Naval District, has requested that said right -of -entry
<br />subject to certain terms and conditions, be accepted by the Municipal City of South Bend, and
<br />WHEREAS, it.is necessary that a Resolution be adopted authorizing the-Mayor,-of the.City of South Bend,
<br />to accept same,
<br />NOW, THEREFORE, BE IT RESOLVED, That the Mayor of the City of South Bend, Indiana, be authorized
<br />to accept said immediate right -of- entry, subject to the following terms and conditions:
<br />1. That immediate right -of -entry granted hereby is revocable at any time without notice at the
<br />option and discretion of the Department or its duly authorized representative.
<br />2. It is understood and agreed by and between the parties hereto that the issuance of this
<br />immediate right -of -entry does not constitute a commitment on the part of the Department to
<br />vacate the premises until the Congress of the United States of America authorized the construction
<br />of a New Naval Reserve Training Center Facility, appropriates funds therefor and construction of
<br />a new facility is completed and it is ready for occupancy, the City will pay to the United States
<br />of America the sum of $254,000.00 for the Department's improvements on the premises.
<br />3. The construction work to be accomplished pursuant hereto shall be without interference in any
<br />manner with the continuing utilization by the Navy of the facilities of the Naval & Marine Corps
<br />Reserve Training Center, South Bend, Indiana, and shall be subject to the written approval of the
<br />Distric Public Works Officer may promulgate.
<br />4. The City shall be liable for any loss or damage to the Premises :incurred as a result of its
<br />use hereunder and shall make such restoration or repair or monetary compensation as may be directed
<br />by the Department.
<br />5. The City shall indemnify and save harmless the Government, its officers, agents, servants and
<br />employees from all liability under the Federal Tort Claims Act (62 Stat. 869, 982:2d U.S.C. Sec. 2671,
<br />2680) or otherwise, for death or injury to all persons, or loss or damage to the property of all
<br />persons resulting from the use of the Premises by the City.
<br />6. OFFICIALS NOT TO BENEFIT: No member of or Delegate to Congress, or Resident Commissioner shall
<br />be admitted to any share or part of this grant or to any benefit that may arise therefrom; but
<br />this provision shall not be construed to extend to this grant if made with a corporation for its
<br />general benefit.
<br />7. GRATUITIES: The City warrants that it has not employed any person to solicit or secure this
<br />Grant upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of
<br />this warranty shall give.the Government the right to annul this Grant or in its discretion to
<br />recover from the City the amount of such commission, percentage, brokerage or contingent fee in
<br />addition to the consideration herein set forth. This warranty shall not apply to commissions
<br />payable by the City upon contracts or sales secured or made through bona fide established commercial
<br />or selling agencies maintained by the City for the purpose of securing business.
<br />BE IT FURTHER RESOLVED, That the Mayor of the City of South Bend, is herewith authorized to execute
<br />the acknowledgment and acceptance of said right -of- entry, subject to said terms and conditions.
<br />/s/ Joseph T. Kroll
<br />Member of the Common Council
<br />Councilman Muszynski made a motion for adoption of the Resolution. Councilman Ladewski seconded the motion. Motion
<br />carried by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Glass, Krueper and Lehman). Resolution Adopted.
<br />There being no further business to come before the Special Meeting of the Council, Councilman Coleman made a motion
<br />to adjourn. Councilman Allen seconded the motion. Motion carried and the Special Meeting of the Common Council
<br />adjourned at 7:15 P.M.
<br />ATTEST:
<br />CLERK
<br />APPROVED:
<br />PRESIDENT
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