HomeMy WebLinkAboutNo. 2652 approving/authorizing the execution of an addendum to the Master Agency Agreement (Olive Rd. Right-Of-Way Acquisition)RESOLUTION NO. 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.
0 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 46601.
ATTEST•
ALz,e,s7z,.,A -
Nancy N. Kin, Secret_
South Bend Redevelopment Commission
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CITY OF SOUTH BEND,
RWRTMENT OF
REDEVELOPMENT
Marcia I. Jones, r sident
South Bend Redeve opment 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:
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
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 Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
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.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
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:
0 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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