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HomeMy WebLinkAbout6G(1)EXTENSION AND EXPANSION ADDENDUM TO AGREEMENT FOR PROGRAMS AND SERVICES WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (FACADE MATCHING GRANT PROGRAM) (WESTERN AVENUE, MIAMI STREET AND LINCOLNWAY WEST) THIS EXTENSION AND EXPANSION ADDENDUM (this "Addendum ") is made and entered into this day of , 2011, 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 the South Bend Redevelopment Commission, the governing body of the City's Department of Redevelopment (collectively the "City ") and URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the "Organization "). RECITALS WHEREAS, the City and the Organization have entered into an agreement entitled "Agreement For Programs And Services With Urban Enterprise Association of South Bend, Indiana, Inc. (Fagade Matching Grant Program)(Western Avenue)" dated the 17th day of August, 2007, as amended, (the "Western Avenue Agreement ") and have further entered into an agreement entitled "Agreement For Programs And Services With Urban Enterprise Association of South Bend, Indiana, Inc. (Fagade Matching Grant Program)(Miami Street)" dated the 17" day. of August, 2007, as amended, (the "Miami Street Agreement ") (collectively the "Agreements ") providing for the Fagade Matching Grant Program (the "Program "); and WHEREAS, the Agreements recognize that the City's commercial corridors act as gateways to the City and that improving the aesthetic appeal of the City's commercial corridors will encourage not only additional investment in the City's commercial corridors but in their surrounding neighborhoods and in the City generally; and WHEREAS, the Organization continues to have expertise and resources to provide for, oversee and administer the Program; and WHEREAS, the City is empowered under Indiana Code § 36- 7- 14- 12.2(a)(26)(B) to enter into the Agreements and this Addendum; and WHEREAS, pursuant to the Agreements, the Commission allocated for the Program, under the terms of the Agreement, certain sums (the "Contract Amount ") as a portion of the share allocated to the Corridor; and WHEREAS, a portion of the Contract Amount was not spent during the term of the Agreements and remains reserved for Program uses; and WHEREAS, the Lincolnway West Corridor (the "LWW Corridor ") is a recognized commercial corridor within the City and that improving aesthetic appeal of the LWW Corridor will also encourage additional investment in this commercial corridor and also in the surrounding neighborhoods and in the City generally; and WHEREAS, the parties desire to amend, extend and expand the Agreements by this Addendum; and WHEREAS, the Organization further represents that it has taken all corporate action necessary to enter into this Addendum; and WHEREAS, the City believes that the actions contemplated by this Addendum are in the best interests of the health, safety and welfare of the City and its residents and that those actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, the parties mutually agree as follows: 1. Each of the Agreements, specifically, the Western Avenue Agreement and the Miami Street Agreement is amended, extended and expanded to include the LWW Corridor within the scope of each agreement. 2. Each of the Agreements, specifically, the Western Avenue Agreement and the Miami Street Agreement is amended, extended and expanded to provide a contract period commencing January 1, 2007 and ending December 31, 2012. . effect. 3. All other provisions of the Agreements, as amended, shall remain in full force and (Remainder of page intentionally left blank) IN WITNESS WHEREOF, the Parties hereto have caused this Extension and Expansion Addendum to be executed as of the day and year first above written. CITY OF SOUTH BEND, INDIANA, URBAN ENTERPRISE ASSOCIATION DEPARTMENT OF REDEVELOPMENT OF SOUTH BEND, INC. Date: ignature Printed Name and Title 2011 South Bend Redevelopment Commission Signature Printed Name and Title South Bend Redevelopment Commission Date: Signature 75r-inted Maine and 7itle Signature Printed Name and it e 2011