09-21-07 Redevelopment Commission Minutes

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South Bend Redevelopment Commission Regular Meett g — September, 21 2007 3. APPROVAL OF CLAIMS (CONT.) as promised. The parking lot between the Morris Perfoniii g Arts Center and the LaSalle Hotel has many weeds. He has photos from July and September 20 of the parking lot with overgrown weeds. Weeding is supposed to be done on a weekly basis. Plower pots between Colfax and LaSalle had the same litter on September 20 as was there on August 6. That is evidence to hire that . TSB is not fulfillIng its contract. Mr. Downes asked what the Councl.l's response was. Mr. Pee l ows i said they had .none, except that Paul Meyer, President of the DTSB board, agreed that the conditions shown In the photos were unacceptable. .fir. Leone explained the Commission's obligations under the contract. He noted that there are two types of breach, material and non-material. Non -m ten ial breaches are minor breaches such as poor quality of service or less than l00% completion of particular task. Nora - material breaches don't excuse p rf . ante of the other party in the contract. Under those circumstances, typically, it wouldn't interfere w1th payinent. It might require something life an adjustment at the very end if the Commission determined that there wasn't full performance, but it's not the kind of thing where you'd say in the piddle that there's a breach of contract and we're going to break the contract. Mr. Peczkowski noted that the invoice claims that these things have all been done through this point in the year. And the bill reflects payincnt for them as though they have been done. Mr. Leone said the difficulty is in establishing a value for the infractions. Mr. Blake said he was at the same Council meeting and that DTSB acknowledged that there had been some major distractions that kept them from staying on top of some of the maintenance. They promised to address the issues noted. Mr. Blake believes we need to give then time to address those issues. 1