HomeMy WebLinkAboutNo. 0109 authorizing Bruce C. Hammerschmidt, Atty. Dept. of Redevelopment to settle litigation involving Interstate Demolition Corp. at a full and total sum of $23,000RESOLUTION NO. 109
AUTHOR ING BRUCE C. HUMRSCHMIDT, ATTORNEY FOR. THE DEPARTMENT
OF R PMENT, TO SETTLE LITIGATION INVOLVING INTERSTATE
DEMOLITION CORPORATION AT A FULL AND TOTAL SUM OF $23,000
WHEREAS there is a cause of action entitled Interstate Demolition
Corporation s. City of South Bend, Indiana, et al., Cause No. 3298 in
the United States District Court$ south Bend, Indiana Division, and
WHEREAS said cause of action resglts from an alleged breach of
demolition contract entered into between Interstate Demolition
Corporation emd the City of South Bend, Indiana, by its Department of
Redevelopment, in Project R -7, and
WHEREAS said cause of action makes claim for the total sum of
$79,960.27, emd
WHEREAS the Office of Chief Counsel of Urban Renewal Administration
has authoriz (d settlement of this claim against the Department of
Redevelopment, and settlement has been recommended to the Commission
,-)y its local attorney,
NOW THEREFORE BE IT RESOLVED that Bruce C. Hammerschmidt, the
- attorney for the South Bend Redevelopment Commission and attorney for
the defendants in the litigation entitled Interstate Demolition
Corporation irs. City of South Bend, Indiana, et al., Cause No. 3298
in the United States District Court, South Bend, Indiana. Division is hereby
authorized to settle said litigation in full for the total sum of
$23,000.00 ulon full release of any and all liability executed by the
Interstate Demolition Corporation to the City of South Bend, Department
of Redevelopment and all other defendants in said cause of action, and
that dismissal of said cause of action by the said Interstate Demolition
Corporation e executed.
BE IT THER RESOLVED that upon the dismissal of said cause of
action by the Interstate Demolition Corporation and the delivery of its
release of a l liability to the defendants in said cause of action, that
Bruce C. Hammerschmidt as attorney for said Department of Redevelopment is
hereby authorized to dismiss the counter -claim of the City of South
Bend, Indiana, on behalf of its Department of Redevelopment and to furnish
a full and complete release to the Interstate Demolition Corporation of
any and all iability upon the contract for demolition entered into
between the aid Interstate Demolition Corporation and the City of
South Bend, ndiana., Department of Redevelopment, and the President and
Secretary of said Department of Redevelopment are hereby authorized to
execute the said release of all liability under said demolition contract
to Interstate Demolition Corporation.