11/22/04 Board of Public Works Minutes

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1 � t REGULAR MEETING NOVEMBER 22, 2004 WHEREAS,the South Bend Redevelopment Commission("Commission") and the City of South Bend acting by and through its Board of Public Works ("BPW") have determined that the relocation of the administrative offices for the South Bend Community School Corporation ("SBCSC")from its current location at 635 South Nlain Street("Education Center")to athe building commonly known as the "Century Building" located at 215 South St. Joseph Street is in the best interests of the City and its citizens; and WHEREAS,the Commission,BPW and S B C S C are parties to an agreement dated September 9, 2004 related to the School Administration Relocation Project ("Project"); WHEREAS, in order to reflect certain changed conditions and in order to reflect changes in the Project schedule, it is necessary to amend the agreement by executing an Amended and Restate Agreement; and WHEREAS, pursuant to Indiana Code § 36-4-5-3,the Mayor for the City of South Bend is empowered to sign contracts of the City; and WHEREAS, in order to facilitate the Project, the Mayor has heretofore executed the Amended and Restated Agreement and certain other documents on behalf of the City related to the Project in accordance with the authority granted him by Indiana Code § 36-4-5-3; and WHEREAS, BPW desires to ratify, confirm and approve the Amended and Restated Agreement and to ratify, confirm and approve various other actions taken to date related to the Project; and WHEREAS, BPW also desires to enter into certain formal agreements with the various parties that are consistent with the concepts expressed in the Amended and Restated Agreement, as amended and restated; and WHEREAS, BPW recognizes that time is of the essence in order to accomplish certain actions relating to the Project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board of Public Works hereby approves and endorses the Project as described in the Amended and Restated Agreement. 2. The actions taken by the Mayor for the City of South Bend and the South Bend Redevelopment Commission relating to the Project including the execution of the Amended and Restated Agreement on behalf of the Board of Public Works are hereby in all respects ratified, confirmed and approved. 3. The Board of Public Works hereby directs and authorizes staff and legal counsel to negotiate and prepare documentation consistent with and necessary to accomplish the Project consistent with the terms expressed in the Amended and Restated Agreement in a form that is acceptable to legal counsel. 4. The Board of Public Works hereby authorizes preparation of those documents deemed by legal counsel to be necessary and appropriate to complete the Project and further, hereby authorizes the execution thereof to be conclusive evidence of the Board's approval. 5. This Resolution shall be in full force and effect upon its adoption by the South Bend Redevelopment Commission. ADOPTED at a meeting of the City of South Bend Board of Public Works held on November 22, 2004, in Room 1308 County-City Building, South Bend, Indiana 46601.