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HomeMy WebLinkAboutNo. 2647 approving/authorizing the execution of an addendum to the Master Agency Agreement (Erskine Detention Pond Relocation Project - Phase Two)0 RESOLUTION NO. 2647 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Erskine Detention Pond Relocation Project — Phase Two) WHEREAS, effective January 1, 2009, 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 2009; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Relocation Project — Phase Two 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 (Erskine Detention Pond Relocation Project — Phase Two) 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 ffim Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. u ADOPTED at a meeting of the South Bend Redevelopment Commission held on February 5, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTEST: 9C x4i I . - Nancy N. Kin e, Secretary South Bend Redevelopment Commission • • CITY OF SOUTH BEND, DEPARTMENT OF Marcia I. on , President South Bend RLedevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Erskine Detention Pond Relocation Project — Phase Two) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 8th 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 Erskine Detention Pond Relocation Project— Phase Two (the "Project "). WHEREAS, effective January 1, 2009, 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 2009; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Relocation Project — Phase Two 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: 1. 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 0 being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 0 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. ATTEST: 0 South Bend Redevelopment Commission ATTEST: Linda Martin, Clerk • CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member • • Exhibit "A" For Scope of Work, see Attached Project Proposal from Christopher B. Burker Engineering, Inc., dated January 12, 2010, and approved by the Board of Public Works on January 25, 2010.