Laserfiche WebLink
AGENCY AGREEMENT <br />This Agency Agreement (this "Agreement") dated as of October 17, 2016 (the "Effective <br />Date"), is entered into by and between the City of South Bend, acting by and through its Board <br />of Public Works (the "BPW"), and South Bend Parks and Recreation Department, acting by and <br />through the South Bend Board of Park Commissioners (the "Parks Board") (each a "Party" and <br />collectively the "Parties"). <br />RECITALS <br />A. The City of South Bend (the "City"), through its governing bodies, has <br />constructed, equipped, maintained, and operated the parking facilities located at 126 N. Main <br />Street (the "Main Street Garage"), 109 W. Jefferson Boulevard (the "Leighton Garage"), and 121 <br />E. Wayne Street (the "Wayne Street Garage") (collectively, the "Garages"). <br />B. The BPW holds legal or equitable title to each of the Garages and maintains and <br />operates the Garages pursuant to Ind. Code 36-9-11. <br />C. The BPW desires to appoint the Parks Board as the BPW's agent to manage and <br />to contract for the management of parking operations in the Garages and, pursuant to the BPW's <br />authority under South Bend Municipal Code Sec. 20-17, to contract for the enforcement of <br />parking regulations in the Garages and on public rights -of -way. <br />D. The Parks Board desires to accept the BPW's appointment on the terns set forth <br />in this Agreement. <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree as follows: <br />AGREEMENT <br />1. Appointment and Acceptance; Limitation. The BPW hereby appoints and <br />authorizes the Parks Board as the BPW's agent to act on the BPW's behalf for the purposes <br />stated in this Agreement. The Parks Board hereby accepts said appointment and authority. <br />Under this Agreement, the Parks Board is neither required nor permitted to act as the BPW's <br />agent with respect to the storefront retail space contained within the Leighton Garage or the <br />storefront retail space contained within the Wayne Street Garage. <br />2. Operations. The Parks Board will carry out all necessary or appropriate functions <br />related to the management and operations of vehicular parking in the Garages. The Parks Board <br />is hereby authorized to contract, in accordance with applicable laws and procedures, with third <br />parties for the provision of necessary goods and services to carry out the management and <br />operations of vehicular parking in the Garages. <br />3. Garage and On -Street Enforcement. In accordance with the BPW's authority <br />under South Bend Municipal Code Sec. 20-17, the Parks Board is hereby authorized to contract, <br />in accordance with applicable laws and procedures, with third parties for the enforcement of <br />parking regulations in the Garages and on public rights -of -way. <br />1 <br />