Addendum to Agreement - Urban Enterprise Assoc. of South Bend - West Side Main Streets Matching Grant Program

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FIFTH ADDENDUM TO AGREEMENT FOR PROGRAMS AND SERVICES WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (FA(yADE MATCHING GRANT PROGRAM) (LINCOLNWAY WEST AND WESTERN AVENUE) THIS FIFTH ADDENDUM (this "Addendum") is made and entered into thisa"�day of 0, 20 � 1, by and between the CITY OF SOUTH BEND, INDIANA, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (the "City"), and the URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the "Organization"). RECITALS WHEREAS, the City and the Organization have entered into an agreement entitled "Agreement For Programs And Services With Urban Enterprise Association of South Bend, Indiana, Inc. (Fagade Matching Grant Program) (Lincolnway West and Western Avenue)" dated December 9, 2014, and amended by addenda dated August 11, 2015; November 10, 2015; December 22, 2015; and November 22, 2016 (collectively the "Agreement'), providing for the Fapade Matching Grant Program (the "Program"); and WHEREAS, the City desires to allocate for the Program under the terms of this Addendum an additional One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00), which combined with the Five Hundred Twenty -One Thousand and 00/100 Dollars ($521,000.00) previously allocated under the terms of the Agreement, would create a total allocation of Six Hundred Seventy -One Thousand and 00/100 Dollars ($671,000.00) (the "Contract Amount"), and as required by Indiana Code § 5-22-17-3, the Contract Amount does not exceed the amount appropriated for such purpose; and WHEREAS, the parties desire to amend the Agreement by this Addendum; and WHEREAS, the Organization further represents that it has taken all corporate action necessary to enter into this Addendum; and WHEREAS, the City believes that the actions contemplated by this Addendum are in the best interests of the health, safety and welfare of the City and its residents and that those actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, the parties mutually agree as follows: Exhibit C to the Agreement is hereby amended and replaced with Exhibit C to this Addendum. 2. The parties agree that all other terms and conditions as set forth in the Agreement shall remain in full force and effect.