Final Approval of a Guaranteed Energy Savings Contract Relating to Century Center

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1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETE BU "YTIGIEG, MAYOR DEPARTMENT OF LAW April 9, 2015 Mr. Tim Scott President, South Bend Common Council 4H Floor, County -City Building South Bend, IN 46601 PHONE 574/235 -9241 FAX 574/235 -7670 TTY 574/235 -5567 ALADEAN M. DEROSE CITY ATTORNEY Re: Substitute Ordinance Approving Guaranteed Energy Conservation Contract and Related Financing -- Bill No. 17 -15 Dear President Scott: Attached is a substitute form of Bill No. 17 -15 which is an ordinance to approve a Qualified Provider Agreement and Energy Conservation Contract with related financing terms for improvements to Century Center. Most substantive changes to the Bill as originally filed are contained in the Statement of Purpose and Intent (Ordinance - pages 1 -2), and these changes clarify the nature of the Century Center guaranteed energy savings contractual process up to this date within the framework of Ind. Code 36 -1 -12.5. A slight, non- substantive change to Section 2 was made in the placement of Indiana Code sections. All other changes are primarily of a clerical nature. For your convenience, I am also attaching a copy of Substitute Bill No. 17 -15 in which the changes to the original Ordinance are specifically identified. Please note that Section 2 appears to be more changed than it actually was. All that occurred was a different placement of the Code sections. The City Administration will present this Substitute Bill No. 17 -15 on Monday, April 13, 2015 as indicated in the original cover letter. Filed its "'-9 9 2015 JOHM Y� 3it�� CITY CLERK, S #END, IN Sincerely, a I-- Aladean M. DeRose City Attorney and Legal Counsel to Century Center Board of Managers ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY TASHA REED OUTLAW MICHAEL J. SCHMIDT PAUL E. SINGLETON STEPHANIE STEELE