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09-21-07 Redevelopment Commission Minutes
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09-21-07 Redevelopment Commission Minutes
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9/21/2007
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09-21-07 Redevelopment Commission Agenda
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South Bend Redevelopment Commission <br />Regular Meett g — September, 21 2007 <br />3. APPROVAL OF CLAIMS (CONT.) <br />as promised. The parking lot between the Morris <br />Perfoniii g Arts Center and the LaSalle Hotel has many <br />weeds. He has photos from July and September 20 of <br />the parking lot with overgrown weeds. Weeding is <br />supposed to be done on a weekly basis. Plower pots <br />between Colfax and LaSalle had the same litter on <br />September 20 as was there on August 6. That is <br />evidence to hire that . TSB is not fulfillIng its contract. <br />Mr. Downes asked what the Councl.l's response was. <br />Mr. Pee l ows i said they had .none, except that Paul <br />Meyer, President of the DTSB board, agreed that the <br />conditions shown In the photos were unacceptable. <br />.fir. Leone explained the Commission's obligations <br />under the contract. He noted that there are two types of <br />breach, material and non-material. Non -m ten ial <br />breaches are minor breaches such as poor quality of <br />service or less than l00% completion of particular <br />task. Nora - material breaches don't excuse p rf . ante <br />of the other party in the contract. Under those <br />circumstances, typically, it wouldn't interfere w1th <br />payinent. It might require something life an adjustment <br />at the very end if the Commission determined that there <br />wasn't full performance, but it's not the kind of thing <br />where you'd say in the piddle that there's a breach of <br />contract and we're going to break the contract. <br />Mr. Peczkowski noted that the invoice claims that these <br />things have all been done through this point in the year. <br />And the bill reflects payincnt for them as though they <br />have been done. Mr. Leone said the difficulty is in <br />establishing a value for the infractions. <br />Mr. Blake said he was at the same Council meeting and <br />that DTSB acknowledged that there had been some <br />major distractions that kept them from staying on top of <br />some of the maintenance. They promised to address the <br />issues noted. Mr. Blake believes we need to give then <br />time to address those issues. <br />1 <br />
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