6.B.(2) Staff report on Michiana Public Broadcasting project

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so doing, the Commission hopes to enhance the viability and vibrancy of the Project. NO\~', THEREFORE, the Parties hereby agree and represent as follows: 1. The Recitals are incorporated into the operative provisions of this Agreement as if fully set out herein. 2. WNIT will com~ey an Easement in the Easement Property to the COn111115$IOn 111 a form which is satisfactory to WNIT and the Commission (the "Easement''). WNIT will not wal-c•ant title to the Easement Property nor provide title insurance, provided, however, the Commission may refrain from accepting the Easement to the Easement Property if, in its sole discretion, WNIT is unable to convey an acceptable Easement to the Easement Property. The term of the Easement shall be for a period of eight (8) months from the date the Easement is executed, but so long as the Project is not complete and the Commission is proceeding to complete it, the Commission shall have an option at its discretion to renew the Easement for six (6} consecutive and separate thirty (30) day periods by providing WNIT written notice of the Commission's intent to renew fifteen (15) days prior to the expiration of the original eight (8) month term or any subsequent thirty (~0) day renewal. In any event, the Easement shall expire one (1) year from the date of the Easement unless the parties agree, in writing, to an extension. 3. A professional architect or architectural firm ("Architect'-) acceptable to the Commission, will assess the renovation needs of the Easement 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 WNIT for approval. Once approved, the Architect, under contract with the Commission, ~a~ill work with the City of South Bend Board oi' 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 Architect will be authorized by the Commission to prepare construction documents for a fee not to exceed Twenty-one Thousand Dollars (S2],000) until such time as WNIT provides a certification in writing to the City it has secured the funding to hire and pay in full a Construction Manager for interior and exterior renovations of the Property. At such time, the Architect will be authorized by the Commission to provide bidding and construction administration. The source of funding for the project is the South Bend Central Development Area Tax Increment Financing fund ("TIF''). The Commission's approved total Project budget is One Million Dollars ($1.000,000), 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 and exterior 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. Pate 2 of 12