6C (1)(2) - Laserfiche WebLink

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I . The Recitals are incorporated into the operative provisions of this Agreement as if fully set out herein. 2. SBHF will convey an Access Agreement in the Donated Property to the Commission in a form which is satisfactory to SBHF and the Commission (the "Access "). SBHF will not warrant title to the Donated Property nor provide title insurance, provided, however, the Commission may refrain from accepting the Access to the Property if, in its sole discretion, SBHF is unable to convey an acceptable Access to the Donated Property. The term of the Access shall be for a period of one (1) year from the date the Access is executed, but the Commission shall have an option at its discretion to renew the Access for two (2) consecutive six (6) month periods by providing SBHF notice of the Commission's intent to renew fifteen (15) days prior to the expiration of the original one (1) year term or any subsequent six (6) month renewal. In any event, the Access shall expire two (2) years from the date of the Access unless the parties agree, in writing, to an extension. A professional architect or architectural firm ( "Architect ") acceptable to the Commission, will assess the renovation needs of the Donated Property, draft plans and develop cost estimates for the renovation. The renovation plans and cost estimates will be presented by the Architect to the Commission and SBHF for approval. Once approved, the Architect, under contract with the Commission, will work with the City of South Bend Board of Public Works, through an interagency agreement with the Commission, to refine the bid specifications, publicly advertise and bid the Project, and oversee construction activity. The source of funding for the project is the West Washington Chapin Development Area Tax Increment Financing fund ( "TIF "). The Commission's approved total Project budget is Three Hundred Twenty -Two Thousand Three Hundred and 00 /100 Dollars ($322,300.00), subject to appropriation by the Commission ( "Project Costs "). Project Costs in excess of this amount may not be expended without further approval by the Commission. A preliminary outline of the scope of work on the Project to be contracted through public bid is attached hereto as Exhibit C. Conceptual plans of the interior renovation are attached hereto as Exhibit D, with that portion of activity to be undertaken by the Commission so noted. The construction schedule for the Project is attached hereto as Exhibit E. 3. The Donated Property will be under the control and maintained by the Commission during the term of the Access. All expenses relating to the control and operation of the Donated Property, and any adjacent portions of the Property owned by SBHF, including utility charges, shall be apportioned such that SBHF shall be deemed to have been obligated for all expenses relating to the period prior to the date of the Access and the Commission shall be obligated for all expenses relating to the Donated Property for the term of the Access. SBHF agrees to take reasonable steps of security during the term of the Access for the Donated Property to secure and protect the Donated Property and improvements and personal property thereon from damages and losses, and to not allow any liens or encumbrances of any kind to attach to the Donated Property. The Commission, also, agrees to work with SBHF to assure that reasonable and mutually accepted liability and casualty insurance protection is in place in