HomeMy WebLinkAbout01/29/13 Board of Public Works Claims ReviewCLAIMS REVIEW MEETING JANUARY 29, 2013 19
A Claims Review Meeting of the Board of Public Works was convened at 8:33 a.m. on Tuesday,
January 29, 2013, by Board President Gary A. Gilot, with Board Members Donald Inks, Michael
Mecham, and Mark Neal present. Board Member Kathryn Roos was absent.
ADDITION TO THE AGENDA
Mr. Gilot noted the addition to the agenda of Estoppel Agreements an Amendment, and a
Resolution related to First Source Bank,
AUTHORIZE BOARD MEMBER TO ADVERTISE FOR PROPOSALS — PRE-
UALIFICATIONS FOR OPERATIONS MANAGEMENT OF SOUTH BEND INDIANA'S
CENTURY CENTER CONVENTION CENTER CENTURY CENTER OTHER
PROFESSIONAL SERVICES)
In a memorandum to the Board, Mr. Scott Ford, Community Investment, requested permission to
advertise for the receipt of proposals for the above referenced service. Common Council
Attorney Kathy Cekanski-Farrand was present and spoke to Mr. Gilot and they agreed the Board
would authorize advertising for the services, but not proceed with the advertising until the
Century Center Board of Director's approval of the Board of Work's to act as their agent and
proceed. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the
Board authorized Mark Neal, Controller, to proceed with the advertising of the above proposal,
contingent upon the Century Center Board of Director's approval.
APPROVAL OF GROUND LEASE MEMORANDUM OF UNDERSTANDING ESTOPPEL
CERTIFICATE OF UNDERSTANDING AND AGREEMENT AND RESOLUTION NO. 06-
2013 — AUTHORIZING DONALD INKS TO EXECUTE DOCUMENTS RELATED TO THE
FIRST SOURCE BANK BUILDING — FIRST BANK CENTER LIMITED PARTNERSHIP
Mr. Don Inks, Community Investment, presented the Board with two (2) Estoppel Agreements
and a 5th Amendment to the Ground Lease, certifying that the terms of the City and First Source
Center's agreements are in compliance. He stated the action is required for the sale of a portion
of the building occupied by First Source Bank. He noted the new investor wants to make sure the
current agreements are clean and without issues. Upon a motion by Mr. Gilot, seconded by Mr,
Neal and carried, the Board approved the agreements subject to Legal review, and authorized
Mr. Inks to sign the final documents at closing. Additionally, Mr. Mecham made a motion the
Board approve the following Resolution to authorize Mr. Ink's signature of the documents. Mr.
Neal seconded the motion, which carried.
RESOLUTION NO.06-2013
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING DONALD INKS TO EXECUTE DOCUMENTS
RELATED TO THE FIRST SOURCE BANK BUILDING
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has
custody of and may maintain all real property owned by the City of South Bend, Indiana (the
"City") pursuant to I.C. 36-9-6-3; and
WHEREAS, the Board is the owner of that certain Parking Facility and Atrium (the
"Common Facilities") located in South Bend next to the First Source Bank and the Doubletree
Hotel and is a signatory to the Fifth Amendment to Operation, Maintenance and Easement
Agreement and other documents related the Common Facilities (the "Documents"); and
WHEREAS, the Documents have been presented to the Board and the Board has
approved the Documents; and
WHEREAS, the Board desires to expressly authorize Donald Inks, a member of the
Board to execute the Documents on behalf of the Board;
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF
PUBLIC WORKS AS FOLLOWS:
I. Donald Inks, a member of the Board, is hereby authorized to execute, on behalf of
the Board, the Documents, including the following:
a. Fifth Amendment to Operation, Maintenance and Easement Agreement;
CLAIMS REVIEW MEETING JANUARY 29, 2013 20
b. Operation, Maintenance and Easement Agreement Estoppel and Release;
c. Construction, Easement, Restriction and Operating Agreement Estoppel and
Release;
d. Ground Lease/MOU Estoppel Certificate and Agreement;
e. Any other documents necessary to effect the closing of this transaction.
This Resolution shall be in full force and effect after its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
held on January 29, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601,
BOARD OF PUBLIC WORKS OF
THE CITY OF
SOUTH BEND, INDIANA
s/Gary A. Gilot, President
s/Donald E. Inks, Member
s/Michael C. Mecham, Member
s/Mark W. Neal, Member
ATTEST:
s/Linda Martin, Clerk
APPROVE CLAIMS
Mr. Neal stated that a request to pay claims has been received by the Board; each claim is fully
supported by an invoice; the person receiving the goods or services has approved the claims; and
the claims have been filed with the City Fiscal Officer and certified for accuracy. Mr. Neal stated
the following claim was submitted to the board for approval:
Name Amount of Claim Date
City of South Bend $1,347,707.13 01/29/2013
Therefore, Mr. Mecham made a motion that after review of the expenditures, the claim be
approved as submitted. Mr. Inks seconded the motion, which carried.
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Mr. Inks and carried, the meeting adjourned at 8:47 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gf ot, President
Donald E. Inks, Memb
athryn oos, Member
Michael C. Mecham, Member
ark W. Neal, Member
ATTEST:
xTinda M. Martin, Clerk,