Loading...
HomeMy WebLinkAboutNo. 2873 approving/authorizing the execution of an amendment to the addendum to the Master Agency Agreement (Main-Lafayette Connector Design Project - Supplement #2)RESOLUTION NO. 2873 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Main - Lafayette Connector Design Project - Supplement #2) 2873 -11 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, effective January 1, 2011, 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 the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Main - Lafayette Connector Design Project to the Master Agency Agreement by way of an Addendum on August 23, 2010; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Amendment to the Addendum to the Master Agency Agreement (Main- Lafayette Connector Design Project - C 7­1 Supplement #2) 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 this Amendment to the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are 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 May 10, 2011, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTES Nancy N. King, Secretary South Bend Redevelopment Commission t CITY OF SOUTH BEND, DEPARTMENT OF RED OPMENT avid A. Varner, Vice President South Bend Redevelopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Main- Lafayette Connector Design Project - Supplement #2) 2873 -11 This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 9th day of May, 2011, 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 Main - Lafayette Connector Design Project - Supplement #2 (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, effective January 1, 2011, 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 the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Main - Lafayette Connector Design Project to the Master Agency Agreement by way of an Addendum on August 23, 2010; and WHEREAS, the Addendum was amended by both the BPW and the Commission IL by Supplement #1 during February 2011 C, WHEREAS, the Commission desires to amend the Addendum by way of this Amendment, adding Supplement #2. 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 originally described in "Exhibit A ", and now amended as described in "Exhibit C ", 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. Commission staff members are 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. (Signature Page Follows) 14 rpm LM ATTEST: South Bend Redevelopment Commission ATTEST: Linda Martin, Clerk N 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 IM Exhibit "A" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #1 See attached Proposal from Lawson - Fisher Associates P.C. dated August 9, 2010