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1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021
To:
From:
Subject:
Date:
Redevelopment Commission
Bill Schalliol, Economic Development Planner
Resolution 2652 and Addendum To Master Agency Agreement
Olive Road Right-Of-Way Acquisition Project
February 15, 2010
Attached to this memorandum is Resolution 2652 and Addendum To Master Agency
Agreement for the Olive Road Right-Of-Way Acquisition Project. For the last several years,
the City of South Bend has been working with DLZ on design and plans for the remaining
section of Olive Road improvements between Lincoln Way West/US 20 and Nimtz Parkway.
The roadway plans are being completed and we are now in a position to being the process
to acquire the necessary right-of-way for this section of improved roadway. There are
sixteen parcels that have been identified for parcel property takes with fifteen of those
parcels on the east side of the roadway. The City will work to minimize total takes of
property but there might be up to four that might be necessary depending on the
negotiations with the current property owners.
As part of its contract with DLZ for design services, DLZ will coordinate and serve as the
acquisition agent for this project. The intent is to acquire the property at this time and that
hold the property until the project is ready to build.
A full listing of properties, appraised values for the properties and a map are included as
Exhibit A to the Addendum To Master Agency Agreement. The total average appraised
value for the right-of-way is $468,387.50. Staff would request anot-to-exceed budget
amount of $750,000.00.
Staff requests approval of Resolution 2652 and the Addendum To Master Agency
Agreement for the Olive Road Right-Of-Way Acquisition Project.
What We Do Today Makes A Difference!
RESOLUTION N0.2652
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Olive Road Right-Of--Way Acquisition)
WHEREAS, effective January 1, 2010, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission") and the South Bend Board of Public Works (the "BPW") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2010; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Olive Road Right-Of--Way Acquisition to the Master Agency Agreement by
way of this Addendum.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Addendum to Master
Agency Agreement (Olive Road Right-Of--Way Acquisition) and hereby authorizes its
execution in substantially the form attached hereto with such changes as the Commission
may deem necessary or appropriate upon the advice of counsel, said execution thereof to
be conclusive evidence of the Commission's approval of such changes. The Clerk is
hereby directed to file a copy of the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
February 19, 2010, at 10:00 a.m., in Room 1308, County-City Building, South Bend,
Indiana 4b601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Olive Road Right-Of--Way Acquisition)
This Addendum to Master Agency Agreement (this "Addendum"), made and
entered into as of the 22nd day of February, 2010, by and between the South Bend
Department of Redevelopment, acting by and through its Redevelopment Commission
(the "Commission") and the City of South Bend, Indiana, a municipal corporation duly
organized and existing pursuant to the laws of the State of Indiana, acting by and through
its Board of Public Works (the "BPW") for purposes of the Commission designating the
BPW to act as the Commission's agent to undertake the Olive Road Right-Of--Way
Acquisition (the "Project").
WHEREAS, effective January 1, 2010, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2010; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Olive Road Right-Of--Way Acquisition to the Master Agency Agreement by
way of this Addendum.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the BPW and the Commission agree as follows:
The Commission hereby empowers and appoints the BPW, pursuant to the
Master Agency Agreement, to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project
being more specifically described in "Exhibit A", attached hereto and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreeme
control this appointment and this Addendum shall be attached to the Master
Agreement.
3. Don Inks or Jeff Gibney is authorized to execute on behalf
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to
Agency Agreement to be effective as of the date first written above.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Carl Littrell, Member
Don Inks, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
The Olive Road Right-Of--Way Acquisition Project consists of the acquisition of
parts of sixteen (16) parcels in the corridor between Lincoln Way West and Nimtz
Parkway/Old Cleveland Road. The property acquisition is mainly located on the
east side of Olive Road with one parcel acquisition located on the northwest corner
of Olive and Lincoln Way West.
See attached Right-Of--Way Tracking Sheet for specific information about the
appraised value of each parcel A map of the target acquisition area identifying each
parcel has also been included with this Exhibit.
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