10/22/13 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 22, 2013 317 Two Hundred and no /100 Dollars ($200.00) to Horvath Family 2010 Revocable Trust, 4302 Fellows St., South Bend, IN 46614; all on account of the Board's acquisition of a temporary interest in the Property. 2. A person remonstrating in writing who is aggrieved by this decision may, not later than twenty (20) days after the date of this decision, take an appeal to a court that has jurisdiction in St. Joseph County. The Clerk of the Board is authorized to execute a "Certificate of Temporary Taking" and a "Clerk's Temporary Highway Easement Grant" in such form as may be approved by the Assistant City Attorney. 4. This Resolution shall be in full force and effect upon its adoption and is subject to the appeal rights stated above. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on October 22, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Michael C. Mecham ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 57 -2013 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT AND AN INSURANCE AGREEMENT Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 57-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT AND AN INSURANCE AGREEMENT WHEREAS, the City of South Bend, Indiana (the "City "), has previously executed a lease (the "Lease ") whereby the City shall lease (i) a fire station facility to replace the existing Fire Station #5 located at 2221 Prairie Avenue in the City; and (ii) a fire safety training facility located generally on a 5.5 acre parcel near Sample and High Streets in the (collectively, the "Project ") from the City of South Bend Building Corporation (the "Building Corporation "); and WHEREAS, the Building Corporation previously adopted resolutions determining to issue its first mortgage revenue bonds, which bonds will be payable from rentals received by the Building Corporation from the City pursuant to the Lease, and which bonds will be secured by a Mortgage and Trust Indenture (the "Indenture ") by and between the Building Corporation and U.S. Bank National Association as trustee; and WHEREAS, the Indenture provides for a reserve fund to provide for the protection to bondholders with respect to the payment of principal of and interest on the Bonds; and