First Amedment to MOU - St Joe County Board of Commissioners - Portage Avenue Bridge Replacement

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FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR THE PORTAGE AVENUE BRIDGE OVER CONRAIL - STRUCTURE REPLACEMENT PROJECT THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR THE PORTAGE AVENUE BRIDGE OVER CONRAIL STRUCTURE REPLACEMENT PROJECT (this "Amendment") is made effective May 14, 2019 (the "Effective Date") 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 ("South Bend") and the Board of Commissioners of the County of St. Joseph, Indiana ("St. Joseph"). RECITALS WHEREAS, the City and County executed a certain Memorandum of Understanding dated May 23, 2017; and WHEREAS, this Amendment is entered into to modify certain terms and conditions expressed in the Memorandum of Understanding dated May 23, 2017. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and County hereby agree as follows: TERMS Section 5. Construction Costs. South Bend agrees to pay St. Joseph for the requested additions and changes to the project. These additional and changed items include the extension of the project limits for a three -lane pavement section, bridge and street ornamental lighting, expanded sidewalks, railing and other peripheral work requested for the future Coal Line Trail Project. These additions and other offsetting costs are further described in Attachment A — "Portage Avenue Bridge Replacement over Conrail between Diamond Avenue and Elwood Avenue Opinion of Cost Comparison." Notwithstanding the division of construction costs stated herein above and in Attachment A, South Bend agrees to cover the costs associated with securing the interior of the pedestrian tunnel with protective fencing, and installing lighting handholes and associated pavement markings, as long as such costs do not exceed $10,000. Except for the provisions herein contained, said Memorandum of Understanding dated May 23, 2017 including any and all Amendments, will remain in full force and effect as previously made.