6. Memorandum of Agreement between The Housing Authority of the City of South Bend and the South Bend Redevelopment Commission for a General Utility Easement

Home Browse Search

MEMORANDUM OF AGREEMENT This Memorandum of Agreement (the "Agreement"), effective as of the y(1 day of December, 2012 hereinafter referred to as "MOA," is made and entered into among The Housing Authority of the City of South Bend, a governmental body existing and operating under the authority of Indiana Code §36-7-18 et seq. ("HASB"), and having its offices located at 501 South Scott Street, South Bend, Indiana 46601, and the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment (n/k/a Community Investment Department) in accordance with Indiana Code §36-7-14 ("City"). WHEREAS, HASB and the City recognize enormous potential for mutual benefit to both the current and future populations they serve; WHEREAS, the City is facilitating a world-class technological renaissance in cooperation with Global Access Point, LLC ("GAP") that is commonly know as the "Ivy Tower Project" and promises opportunities reaching decades into the future(the "Project"); WHEREAS, HASB has long been a partner with the City in helping to improve the lives of those in public housing and throughout the City; WHEREAS, the corridor that runs from the Stanley Coveleski Stadium, Union Station, South Street across Alonzo Watson Drive to Chapin, the Salvation Army Kroc Center past Laurel Court has a once in a century chance of remaking itself into a beacon, attracting opportunities for generations to come, and HASB can assist in this process by granting the City a permanent easement in a portion of its real estate for the purpose of facilitating electrical line work to be performed by Indiana Michigan Power Company; WHEREAS, it is HASB's mission to ensure that the training needed for the high tech jobs of today and the future are within the grasp of the residents of public housing and any others that desire to prepare to take their place in the workforce and eventually permanently move from public housing to housing that they own, and the City's Project in cooperation with GAP will assist in that mission; WHEREAS, in connection with the foregoing, the City intends (a) to facilitate opportunities for HASB — in conjunction with other community organizations — to provide the training needed to fill GAP's anticipated employment needs, and (b) to work cooperatively with HASB on a mutually beneficial neighborhood revitalization and home ownership program; WHEREAS, in connection with the Project, the parties anticipate that HASB will enter into additional written agreements with Allied Fiber, LLC, a [New York] limited liability company ("Allied Fiber"), whereby Allied Fiber will be granted the right to construct a building no larger than 120 x 120 feet inside the Easement (defined below) and on property adjacent to the Easement area; provided, however, any such agreement will be subject to the approval of HASB, and will (a) require Allied Fiber to pay HASB monthly rent of $500 (an annual payment of $6,000), (b) require Allied Fiber to be completely responsible for the maintenance of the Page 1 of 2