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their respective capacities as authorized agents of the Common Council incidental to the authority <br />granted by Council Resolution No. 4302 -13. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, that: <br />Section 1. The Common Council of the City of South Bend hereby accepts the advisory <br />recommendation of the Board of Public Works of the City of South Bend that the Council <br />approval and execute a Project Development Agreement with Ameresco, Inc., the form of <br />said agreement being attached hereto and incorporated herein as Exhibit A with such <br />changes as may be suggested by the City's Department of Law with approval of such <br />changes evidenced by the execution and attestation respectively, of the agreement. <br />Section 2. The Common Council of the City of South Bend hereby authorizes the <br />execution of the documents as described in this Resolution and as presented at this meeting <br />with such changes as may be suggested by legal counsel with approval of such changes <br />evidenced by the execution and attestation respectfully, of the contract. <br />Section 3. The Common Council of the City of South Bend hereby acknowledges the <br />Board of Public Works assurance and commitment as expressed in the Board's Resolution <br />No. 35 -2014 that, upon approval and execution of the Project Development Agreement <br />and /or the Energy Savings Contract by the Council, staff members of the Department of <br />Public Works shall supervise all work done incidental to the Guaranteed Savings Contract <br />concerning Century Center, including the power to authorize change orders and ensure its <br />continue compliance with Indiana law and its continued adherence to the direction <br />expressed in the Council's Resolution No. 3705 -07. <br />Section 4. The Common Council of the City of South Bend hereby ratifies, confirms <br />and approves the actions taken by the Board of Public Works and the Department of Public <br />Works of the City of South Bend in their respective capacities as authorized agents to and on <br />behalf of the Common Council pursuant to the Counci;s solution No. 4302 -13. <br />Section 5. This Resolution shall be in f rc. and effect f$>�m� and after it�doption <br />b the Common Council and a roval b e o. I � 1 <br />Adopted this il:K day of ce t r , 2014. <br />PRESENTM <br />�DC14J1�� 1 1 2 <br />Filed in Qlmrk'g ()fte <br />_ .rM a X914 <br />CITY GLiER;, its,"- :C, IN <br />*. *1Res SBCCouncil_Project Development, Century Center_Ameresco_FINAL 14085 <br />