Loading...
HomeMy WebLinkAbout08/27/91 Board of Public Works MinutesEW REGULAR MEETING AUGUST 27, 1991 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, August 27, 1991, by Board President John E. Leszczynski. Also present was Board member Patricia E. DeClercq as well as Chief Deputy City Attorney Thomas Bodnar. Board member Katherine Humphreys was not in attendance. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mrs. teClercq and carried, Agreements with IBM were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on August 19, 1991 were approved. OPENING OF BIDS - COLFAX THEATRE DEMOLITION This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: ACTION WRECKING, INC. 9618 South Commercial Avenue Chicago, Illinois 731-6147 ,N : 0 MICHIGAN CONSTRUCTION, INC. P.O. Box 20460 Ferndale, Michigan 48220 Bid was signed by Mr. John T. Adamo, President, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: $297,900.00 DORE AND ASSOCIATES CONTRACTING, INC. 900 Harry S. Truman Parkway Bay City, Michigan 48706 Bid was signed by Mr. Arthur P. Dore, Chairman, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: $418,300.00 RITSCHARD BROTHERS, INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. Carmelo Non -Collusion Affidavit was in Commitment form was completed Bond was submitted. BID: $262,987.00 Ritschard, President, order, Non -Discrimination and a five per cent ( 5 0 ) Bid WARNER AND SONS, INC. P.O. Box 87 Elkhart, Indiana 46515 Bid was signed by Mr. Jack Warner, President, 1 1 75 REGULAR MEETING AUGUST 27, 1991 Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5a) Bid Bond was submitted. BID: $129,444.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the bids were referred to the appropriate City departments and bureaus for review and recommendation. OPENING OF BIDS - COLFAX THEATRE ASBESTOS ABATEMENT This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bids were opened and publicly read: SPECIALTY SYSTEMS OF ILLINOIS, INC. SOUTH BEND DIVISION 1408 Elwood Avenue, Suite 306 South Bend, Indiana 46628 Bid was signed by Mr. Joe W. Taylor, President, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a Bid Bond in a sum equal to five per cent (50) but not to exceed $8,750.00 was submitted. BID: $97,948.00 VLS INSULATING COMPANY, INC. 2104 North Lynn Street Mishawaka, Indiana 46545 Bid was signed by Mr. Dennis L. Gradeless, Vice -President, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and an Official Check in the amount of $4,336.50 was submitted. BID: $86,730.55 CLEAN AIR SYSTEMS, INC. 23349 State Road 23 West South Bend, Indiana 46614 Bid was signed by Mr. Anthony W. Kiskorna, Vice -President/ GM, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a Bid Bond in a sum equal to five per cent (5%) but not to exceed $4,250.00 was submitted. BID: $38,000.00 DORE AND ASSOCIATES CONTRACTING, INC. 900 Harry S. Truman Parkway Bay City, Michigan 48706 Bid was signed by Mr. Arthur P. Dore, Chairman, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (50) Bid Bond was submitted. BID: $98,500.00 MIDWEST ASBESTOS CONTROL SERVICES, INC. P.O. Box 378 Sanford, Michigan 48657 Bid was signed by Mr. M. Jeffrey Dowdy, Vice -President, Non -Collusion Affidavit was in order, Non -Discrimination 276 REGULAR MEETING AUGUST 27, 1991 Commitment form was completed and a five per cent (50) Bid Bond was submitted. BID: $73,898.00 ASBESTOS SERVICES, INC. 9028 Hills Road Baroda, Michigan 49101 Bid was signed by Mr. J.R. Thomas, President, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a Bid Bond in the amount of five per cent (5a) .not to exceed $154,000.00 was submitted. BID: $118,502.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to the necessary City departments and bureaus for review and recommendation. APPROVE PROJECT COMPLETION AFFIDAVIT - LANDSCAPING - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Mr. Leszczynski advised that Pro Care Services, Inc., 2001 Clover Road, Mishawaka, Indiana, has submitted the Project Completion Affidavit for the above referred to project indicating a final cost of $52,728.86. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the Project Completion Affidavit was approved and a one-year Maintenance Bond was filed. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - MAPLE LANE ACCESS ROAD Mr. Leszczynski advised that submitted to the Board was Change Order No. 1 (Final) for the above referred to project indicating an increase of $4,541.43 for a new Contract amount of $95,533.66. Also submitted was the appropriate Project Completion Affidavit for this project indicating this final cost. Mr. Leszczynski made a motion that the Change Order and Project Completion Affidavit be approved and the appropriate three (3) year Maintenance Bond be filed. Mrs. DeClercq seconded the motion which carried. APPROVE CHANGE ORDER - LOGAN STREET SIGNAL PROJECT Mr. Leszczynski noted that the Engineering Department and Trans Tech Electric, 4601 Cleveland Road, South Bend, Indiana, have submitted a Change Order for the above referred to project indicating an increase of $1,216.35 for such items as installation of an inlet and concrete removal. Mr. Leszczynski made a motion that the Change Order as submitted be approved and executed. Mrs. DeClercq seconded the motion which carried. APPROVE CONTRACTS FOR SERVICES - CAR WASHES FOR CITY VEHICLES Mr. Leszczynski advised that pursuant to the Board's award of bids for car washes for City vehicles on August 12, 1991, to Hi -Speed Auto Wash, Inc., 609 East LaSalle Avenue, South Bend, Indiana, and Don's Gas & Car Wash, Inc., 1836 South Michigan Street, South Bend, Indiana, the appropriate Contracts for Services have been prepared and are being submitted at this time for Board approval and execution. Mr. Leszczynski therefore made a motion that the Contracts be approved. Mrs. DeClercq seconded the motion which carried. ADOPT RESOLUTION NOS. 34-1991 TO 38-1991 AND APPROVE SUB LEASE AGREEMENTS: - 629 COLUMBIA - 514 RUSH STREET 1 1 1 77 REGULAR MEETING AUGUST 27, 1951 - 618 LINCOLNWAY EAST - 620-622 LINCOLNWAY EAST - 626 LINCOLNWAY EAST Submitted to the Board for adoption and approval were Resolution Nos. 34-1991 to 38-1991 in regards to the above referred to properties each with the appropriate Sublease Agreement attached. It is noted that the Resolutions approve the sublease of the real property from the South Bend Redevelopment Commission and the Sublease Agreements are between the South Bend Redevelopment Commission, the governing body of the South Bend Department of Redevelopment and the Redevelopment District of South Bend, Indiana and the City of South Bend through the Board of Public Works. Mrs. DeClercq made a motion that the Resolutions be adopted and the attached Sublease Agreements be approved and executed. Mr. Leszczynski seconded the motion which carried and the following Resolution Nos. 34-1991 to 38-1991 were adopted: RESOLUTION NO. 34-1991 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A SUBLEASE OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission is lessee of the following described real property owned by the South Bend Redevelopment Authority (the "Authority") under the Lease -Purchase Agreement dated as of November 1, 1989, and approved and modified on the 16th day of February, 1990, (the "Lease"): Lot Numbered Eight (8) as shown on the recorded Plat of Birdsell's Manufacturing Company's Subdivision of Out Lots Twenty-four (24) and Twenty-five (25) of Denniston & Fellows Addition to the City of South Bend, EXCEPTING THEREFROM a strip Seven (7) feet in width off of the entire South end of said lot. Commonly known as 620 Columbia (the "Real Property"); and WHEREAS, the Commission, in Resolution 1013, adopted on August 23, 1991, expressed its desire to sublease the Real Property to the City of South Bend, Indiana; and WHEREAS, the City of South Bend is desirous of leasing the Real Property from the Commission; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of.South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Commission has agreed to sublease the Real Property to the City of South Bend, and the City of South Bend, acting by and through the Board, has agreed to sublease the Real Property from the Commission under the terms and conditions of a sublease containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that REGULAR MEETING AUGUST 27, 1991 the rent paid by the City to the Commission pursuant to said sublease shall be nominal in amount. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. That the sublease of the following described real property by the South Bend Redevelopment Commission to the City of South Bend, acting by and through its Board of Public Works: Lot Numbered Eight (8) as shown on the recorded Plat of Birdsell`s Manufacturing Company's Subdivision of Out Lots Twenty-four (24) and Twenty-five (25) of Denniston & Fellows Addition to the City of South Bend, EXCEPTING THEREFROM a strip Seven (7) feet in width off of the entire South end of said lot. Commonly known as 620 Columbia'(the "Real Property"); and under terms and conditions that are substantially similar to those embodied in the Lease, shall be, and hereby is, approved, subject to the approval of the South Bend Redevelopment Authority. 2. That the sub -lease, a true and complete copy of which is attached hereto, and containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission shall be nominal in amount, shall be, and hereby is approved and ordered executed. 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED this 27th day of August, 1991. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq RESOLUTION NO. 35-1991 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A SUBLEASE OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission is lessee of the following described real property owned by the South Bend Redevelopment Authority (the "Authority") under the Lease -Purchase Agreement dated as of November 1, 1989, and approved and modified on the 16th day of February, 1990, (the "Lease"): A parcel of land in the West Half (1/2) of the Southeast Quarter (1/4) of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Eleven (11) and 'Twelve (12) of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: 27V REGULAR MEETING AUGUST 27, 1991 Commencing at the Northwest corner of Lot 11, also being the intersection of the East right-of-way line of Rush Street and the South right-of-way line of a 12.50 foot alley; thence North 89040141" East (bearing assumed), 110.00 feet along said South right-of-way line; thence South 00001154" East, 29.50 feet; thence South 89040141" West, 110.00 feet to the East right-of-way line of Rush Street; thence North 00001`54" West 29.50 feet along said East right-of-way line to the Point of Beginning. Commonly known as 514 Rush Street (the "Real Property"); and WHEREAS, the Commission, in Resolution 1016, adopted on August 23, 1991, expressed its desire to sublease the Real Property to the City of South Bend, Indiana; and WHEREAS, the City of South Bend is desirous of leasing the Real Property from the Commission; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Commission has agreed to sublease the Real Property to the City of South Bend, and the City of South Bend, acting by and through the Board, has agreed to sublease the Real Property from the Commission under the terms and conditions of a sublease containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission pursuant to said sublease shall be nominal in amount. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. That the sublease of the following described real property by the South Bend Redevelopment Commission to the City of South Bend, acting by and through its Board of Public Works: A parcel of land in the West Half (1/2) of the Southeast Quarter (1/4) of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Eleven (11) and Twelve (12) of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 11, also being the intersection of the East right-of-way line of Rush .Street and the South right-of-way line of a 12.50 foot alley; thence North 89040141" East (bearing assumed), 110.00 feet along said South right-of-way line; thence South 00001154" East, 29.50 feet; thence South 89040141" West, 110.00 feet to the East right-of-way line of Rush Street; thence North 00001154" West 29.50 feet along said East right-of-way line to the Point of Beginning. Commonly known as 514 Rush Street (the "Real Property"), under terms and conditions that are substantially similar to those embodied in the Lease, shall be, and hereby is, approved, subject to the approval of the South Bend Redevelopment Authority. 2. That the sub -lease, a true and complete copy of which is REGULAR MEETING AUGUST 27, 1991 attached hereto, and containing substantially similar to those exception that the rent paid by be nominal in amount, shall be, ordered executed. terms and conditions which are embodied in the Lease, with the the City to the Commission shall and hereby is approved and 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED this 27th day of August, 1991. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/ Patricia E. DeClercq RESOLUTION NO. 36-1991 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A SUBLEASE OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission is lessee of the following described real property owned by the South Bend Redevelopment Authority (the "Authority") under the Lease -Purchase Agreement dated as of November 1, 1989, and approved and modified on the 16th day of February, 1990, (the 'Lease") : A parcel of land in the West Half (1/2) of the Southeast Quarter (1/4) of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Nineteen (19) and Twenty (20) of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Southwest corner of Lot 18, also being the East right-of-way line of Rush Street, and the North right-of-way line of a 12.50 foot alley; thence North 89041140" East 100.00 feet along said North right-of-way line to the point of beginning; thence North 00001154" West, 40.00 feet; thence North 89041140" East, 110.11 feet to the West right-of-way line of Lincolnway; thence South 37021140" East, 50.12 feet to the North right-of-way line of a 12.50 foot alley; thence South 89041'40" West, 140.50 feet along said North right-of-way line to the point of beginning. Commonly known as 618 Lincolnway East (the "Real Property"); and WHEREAS, the Commission, in Resolution 1015, adopted on August 23, 1991, expressed its desire to sublease the Real Property to the City of South Bend, Indiana; and WHEREAS, the City of South Bend is desirous of leasing the Real Property from the Commission; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and REGULAR MEETING AUGUST 27, 1991 WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Commission has agreed to sublease the Real Property to the City of South Bend, and the City of South Bend, acting by and through the Board, has agreed to sublease the Real Property from the Commission under the terms and conditions of a sublease containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission pursuant to said sublease shall be nominal in amount. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. That the sublease of the following described real property by the South Bend Redevelopment Commission to the City of South Bend, acting by and through its Board of Public Works: A parcel of land in the West Half (1/2) of the Southeast Quarter (1/4) of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Nineteen (19) and Twenty (20) of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Southwest corner of Lot 18, also being the East right-of-way line of Rush Street, and the North right-of-way line of a 12.50 foot alley; thence North 89041140" East 100.00 feet along said North right-of-way line to the point of beginning; thence North 00001'54" West, 40.00 feet; thence North 89041'40" East, 110.11 feet to the West right-of-way line of Lincolnway; thence South 37021'40" East, 50.12 feet to the North right-of-way line of a 12.50 foot alley; thence South 89041140" West, 140.50 feet along said North right-of-way line to the point of beginning. Commonly known as 618 Lincolnway East (the "Real Property"), under terms and conditions that are substantially similar to those embodied in the Lease, shall be, and hereby is, approved, subject to the approval of the South Bend Redevelopment Authority. 2. That the sub -lease, a true and complete copy of which is attached hereto, and containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission shall be nominal in amount, shall be, and hereby is approved and ordered executed. 3. That this Resolution shall be in full force and effect Upon its adoption. ADOPTED this 27th day of August, 1991. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq REGULAR MEETING AUGUST �7, 1991 RESOLUTION NO. 37-1991 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A SUBLEASE OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission is lessee of the following described real property owned by the South Bend Redevelopment Authority (the "Authority") under the Lease -Purchase Agreement dated as of November 1, 1989, and approved and modified on the 16th day of February, 1990, (the "Lease"): A parcel of land in the West Half (1/2) of the Southeast Quarter of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Fourteen (14) and Twenty-one (21) of John Rush's 1st Addition, as recorded in Plat Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 11, also being the intersection of the East right-of-way line of Rush Street and the South right-of-way of a 12.50 foot alley; thence North 89041140" East (bearing assumed), 165.00 feet along said South right-of-way line to the Point of Beginning; thence continuing North 89041'40" East, 82.06 feet along said South right-of-way line to the Southwest right-of-way line of Lincoln Way; thence South 37121'40" East, 56.16 feet along said Southwest right-of-way line; thence South 71041140" West, 31.43 feet; thence South 89041'40" West, 86.28 feet; thence North 00001154" West, 54.53 feet to the South right-of-way line of a 12.50 foot alley and the point of beginning. Commonly known as 620-622 Lincolnway East (the "Real Property"); and WHEREAS, the Commission, in Resolution 1012, adopted on August 23, 1991, expressed its desire to sublease the Real Property to the City of South Bend, Indiana; and WHEREAS, the City of South Bend is desirous of leasing the Real Property from the Commission; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Commission has agreed to sublease the Real Property to the City of South Bend, and the City of South Bend, acting by and through the Board, has agreed to sublease the Real Property from the Commission under the terms and conditions of a sublease containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission pursuant to said sublease shall be nominal in amount. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1 1 M� REGULAR MEETING AUGUST 27, 1991 1. That the sublease of the following described real property by the South Bend Redevelopment Commission to the City of South Bend, acting by and through its Board of Public Works: A parcel of land in the West Half (1/2) of the Southeast Quarter of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered Fourteen (14) and Twenty-one (21) of John Rush's 1st Addition, as recorded in Plat Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 11, also being the intersection of the East right-of-way line of Rush Street and the South right-of-way of a 12.50 foot alley; thence North 89041140" East (bearing assumed), 165.00 feet along said South right-of-way line to the Point of Beginning; thence continuing North 89041140" East, 82.06 feet along said South right-of-way line to the Southwest right-of-way line of Lincoln Way; thence South 37021'40" East, 56.16 feet along said Southwest right-of-way line; thence South 71041140" West, 31.43 feet; thence South S9041140" West, 86.28 feet; thence North 00001'54" West, 54.53 feet to the South right-of-way line of a 12.50 foot alley and the point of beginning. Commonly known as 620-622 Lincolnway East (the "Real Property"); and under terms and conditions that are substantially similar to those embodied in the Lease, shall be, and hereby is, approved, subject to the approval of the South Bend Redevelopment Authority. 2. That the sub -lease, a true and complete copy of which is attached hereto, and containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission shall be nominal in amount, shall be, and hereby is approved and ordered executed. 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED this 27th day of August, 1991. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq RESOLUTION NO. 38-1991 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A SUBLEASE OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission is lessee of the following described real property owned by the South Bend Redevelopment Authority (the "Authority") under the Lease -Purchase Agreement dated as of November 1, 1989, and approved and modified on the 16th day of February, 1990, (the "Lease"): A parcel of land in the West Half (1/2) of the REGULAR MEETING AUGUST 27, 1991 Southeast Quarter (1/4) of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered 14 and 21 of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 11, also being the East right-of-way line of Rush Street, and the South right-of-way line of a 12.50 foot alley; thence North 89041140" East (bearing assumed), 165.00 feet along said South right-of-way line; thence South 00001154" East, 54.53 feet to the point of beginning; thence North 89041140" East, 86.28 feet; thence North 71141'40" East, 31.43 feet to the Southwesterly right-of-way line of Lincolnway; thence South 37021'40" East, 62.30 feet along said Southwesterly right-of-way line; thence South 89041'40" West, 153►89 feet to the West line of Lot 14 of said John Rush's First Addition; thence North 00001154" West, 40.00 feet to the point of beginning. Commonly known as 626 Lincolnway East (the '?Real Property"); and WHEREAS, the Commission, in Resolution 1014, adopted on August 23, 1991, expressed its desire to sublease the Real Property to the City of South Bend, Indiana; and WHEREAS, the City of South Bend is desirous of leasing the Real Property from the Commission; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Commission has agreed to sublease the Real Property to the City of South Bend, and the City of South Bend, acting by and through the Board, has agreed to sublease the Real Property from the Commission under the terms and conditions of a sublease containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission pursuant to said sublease shall be nominal in amount. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. That the sublease of the following described real property by the South Bend Redevelopment Commission to the City of South Bend, acting by and through its Board of Public Works: A parcel of land in the West Half (1/2) of the Southeast Quarter (1/4) of Section Twelve (12), Township Thirty-seven (37) North, Range Two (2) East, City of South Bend, Portage Township, St. Joseph County, Indiana, being part of Lots Numbered 14 and 21 of John Rush's 1st Addition, as recorded in Book 2, Page 53, at the St. Joseph County Recorder's Office in South Bend, Indiana, and described as follows: Commencing at the Northwest corner of Lot 11, also being the East right-of-way line of Rush Street, and the South right-of-way line of a 12.50 foot alley; thence North 89041140" East (bearing assumed), 165.00 feet 11 P_ 1 REGULAR MEETING AUGUST 27, 1991 along said South right-of-way line; thence South 00°01'54" East, 54.53 feet to the point of beginning; thence North 89041140" East, 86.28 feet; thence North 71141'40" East, 31.43 feet to the Southwesterly right-of-way line of Lincolnway; thence South 37021'40" East, 62.30 feet along said Southwesterly right-of-way line; thence South 89041140" West, 153.89 feet to the West line of Lot 14 of said John Rush's First Addition; thence North 00001154" West, 40.00 feet to the point of beginning. Commonly known as 626 Lincolnway East, and under terms and conditions that are substantially similar to those embodied in the Lease, shall be, and hereby is, approved, subject to the approval of the South Bend Redevelopment Authority. 2. That the sub -lease, a true and complete copy of which is attached hereto, and containing terms and conditions which are substantially similar to those embodied in the Lease, with the exception that the rent paid by the City to the Commission shall be nominal in amount, shall be, and hereby is approved and ordered executed. 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED this 27th day of August, 1991. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq APPROVE WASTEWATER DISCHARGE PERMIT Submitted to the Board was a Wastewater Discharge Permit application for I/N Tek - I/N Kote, 30755 Edison Road, New Carlisle, Indiana. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Permit as submitted was approved and executed. REQUEST TO CLOSE JACOB, FROM HOW.ARD TO CORBY. FOR WEDDING RECEPTION - SEPTEMBER 9, 1991 - REFERRED Mr. Ellis Malone, 1401 E. Corby Street, South Bend, Indiana, submitted to the Board an Application for Use of and Blocking of Access to Public Right -of -Way for a Party or Similar Event, requesting that Jacob, from Howard to Corby, be closed on Saturday, September 7, 1991, from 4:00 p.m. to 10:00 p.m. for a wedding reception. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE REQUEST OF POLICE DEPARTMENT TO CONDUCT AUCTION OF UNCLAIMED ITEMS - OCTOBER 5, 1991 In a letter to the Board Police Chief Ronald Marciniak requested permission to dispose of unclaimed bicycles and other unclaimed property at a public auction to be held on October 5, 1991 from 8:30 a.m. to 12:30 p.m. or, until all items are sold. Mr. Leszczynski made a motion that the request be approved. Mrs. DeClercq seconded the motion which carried. - G REGULAR MEETING AUGUST 27, 1991 REQUEST TO CLOSE SOUTH 34TH STREET, FROM WALL STREET TO MISHAWAKA AVENUE, FOR BLOCK PARTY - OCTOBER 5, 1991 - REFERRED Elizabeth Bramlett & Linda Ward, 813 S. 34th and 808 S. 34th Street, South Bend, Indiana, submitted to the Board an Application for Use of and Blocking of Access to Public Right -of -Way for a Party or Similar Event, requesting that South 34th Street, from Wall to Mishawaka, be closed on Saturday, October 5, 1991, from 11:00 a.m. to 11:00 p.m. for a block party. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above request was referred to the necessary City departments and bureaus for review and recommendation. REQUEST OF OFFICE OF COMMUNITY AFFAIRS FOR TRAFFIC CONTROL AND PARKING PROTECTION FOR ART FAIR AT COPSHALOM - SEPTEMBER 14-15, 1991 - REFERRED In a letter to the Board Ms. Mikki Dobski, Director, Office of Community Affairs, requested various traffic controls and parking bans relative to the Art Fair to be held on September 14 & 15, 1991 at Copshaholm. The Fair will be held on the grounds of the Oliver Mansion and the hours are 10:00 a.m. to 5:00 p.m. Mr. Leszczynski made a motion that the request be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - BENDIX/ LATHROP INTERSECTION IMPROVEMENTS In a letter to the Board Mr. Carl P. Littrell, P.E., Director, Division of Engineering, requested that the Board advertise for the receipt of bids for the above referred to project. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was approved. APPROVE TITLE SHEET - BENDIX DRIVE - LATHROP STREET INTERSECTION IMPROVEMENTS PROJECT Mr. Leszczynski indicated that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above referred to Title Sheet was approved and signed. AWARD BID - MICHIGAN STREET CURB AND BRICK RESTORATION Mr. Leszczynski advised that the Board is in receipt of a Memorandum from Mr. Carl Littrell, Director, Division of Engineering, recommending that the low bid of L.L. Geans & Sons, Inc., 56535 Magnetic Drive, Mishawaka, Indiana, in the amount of $129,782.18 for the Michigan Street Curb and Brick Restoration Project be awarded. Therefore, Mrs. DeClercq made a motion that the recommendation be accepted and the bid of L.L. Geans & Sons, Inc. be awarded. Mr. Leszczynski seconded the motion which carried. DENY REQUEST OF STUART.FISHMAN TO WAIVE "NO PARKING" ON TWO (2) BLOCKS OF ROSEMARY LANE NORTH OF EDISON - SEPTEMBER 7 1991 Mr. Leszczynski advised that the above referred to request, which was submitted to the Board on August 19, 1991, was reviewed by various City departments and bureaus. Based on that review, the Bureau of Traffic and Lighting has recommended that this request be denied as parking is permitted on the west side of Rosemary Lane. Turning east/west of Rosemary is allowed until the Notre Dame traffic pattern goes into affect which is one (1) hour before the Notre Dame game and one (1) hour after the game. Therefore, Mrs. DeClercq made a motion that the recommendation be accepted and the request be denied. Mr. Leszczynski seconded the motion which carried. REGULAR MEETING AUGUST 27. 1991 APPROVE REQUEST TO CLOSE THE 1600 BLOCK OF DEVON CIRCLE FOR NEIGHBORHOOD BLOCK PARTY - SEPTEMBER 8, 1991 It was noted that the appropriate City Departments and bureaus have reviewed the above referred to request which was submitted to the Board on August 19, 1991, and approval is recommended. Mrs. DeClercq therefore made a motion that the recommendation be accepted and the request be approved. Mr. Leszczynski seconded the motion which carried. APPROVE REQUEST OF MEMORIAL HOSPITAL TO CONDUCT BIATHALON - SEPTEMBER 14, 1991 The appropriate City departments and bureaus having reviewed this request which was submitted on August 5, 1991, and favorable recommendations having been received from those departments, Mr. Leszczynski made a motion that the request be approved. Mrs. DeClercq seconded the motion which carried. APPROVE ADDITIONAL PROJECT CHANGE AUTHORIZATION, FINANCING AGREEMENT AND INSTALLMENT PAYMENT AGREEMENT - IBM Mr. John Leisenring, Chief Deputy Controller, submitted to the Board an additional Project Change Authorization, Financing Agreement and Installation Payment Agreement for the City's contact with IBM. It was noted that this equipment, six (6) stand alone modems, was part of the original contract and inadvertently dropped on a previous Project Change Authorization. Mr. Leszczynski noted that this additional equipment will be utilized by the South Bend Water Works. Therefore, Mr. Leszczynski made a motion that the Agreements as submitted be approved and executed. Mrs. DeClercq seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following four (4) traffic control devices were approved: 1. REMOVAL OF: Residential Parking 7-4 REVISED TO: Residential Parking LOCATION: 1700 Block Hildreth REMARKS: Residents of the 1700 block of Hildreth request no time limitations on signs. The new no time limit signs conform with existing residential signs. 2. NEW INSTALLATION: Greater Holy Temple Church of God signs LOCATION: 710 Napoleon REMARKS: Requested by Rev. Sutton, three (3) double faced church directional signs 3. NEW INSTALLATION: Handicap Parking Space LOCATION: East side of Williams at Jefferson 4. NEW INSTALLATION: Handicap Parking Space LOCATION: On Jefferson south side at Lafayette APPROVE SIDEWALK SALE PERMIT APPLICATION Mr_ Leszczynski advised that the Board is in receipt of a Sidewalk Sale Permit application from the following: NAME: MIMI'S BOUTIQUE ADDRESS: 307 N. Michigan Street DATES: September 5 & 6, 1991 BY: Soonae Milliken Mr. Leszczynski noted that the required Indemnification and Hold Harmless Agreement was completed and attached to the application. REGULAR MEETING AUGUST 27, 1991 Therefore, Mrs. DeClercq made a motion that the application be -approved. Mr. Leszczynski seconded the motion which carried. APPROVE RELEASE OF CONTRACTORS BOND Mr. Leszczynski advised that the Engineering Department has recommended that the Contractors Bond for the following be released: 1. Star Construction Effective 10/29/91 3403 Oxford South Bend, Indiana 46615 Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the Bond released. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the meeting adjourned at 9:59 a.m. J h�2n E. Leszczyn i Patricia E. DeClercq - - e a ine H rey AT ST: Sandra M. Parmerlee, Clerk E 1