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HomeMy WebLinkAboutNo. 2053 approving/authorizing the execution of an agency agreement by/between the SBRC and the SOSB board of public works relating to the Studebaker Area A redevelopment project (SEDA)C RESOLUTION NO. Z,05 3 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS RELATING TO THE STUDEBAKER AREA A REDEVELOPMENT PROJECT (Sample -Ewing Development Area) WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is the owner of property located in the Sample -Ewing Development Area known as Studebaker Area A ( "Property "); and WHEREAS, as part of a redevelopment project, the Commission intends to demolish certain existing buildings and to undertake new construction of streets and other infrastructure improvements at or near the property ( "the Project "); and WHEREAS, the Board of Public Works (the "Board ") and the Commission desire to enter into an agency agreement wherein the Board shall act as the Commission's agent with respect to the demolition and construction of the Proj ect and other related matters, a copy said Agency Agreement is attached hereto and incorporated herein as Exhibit "A "; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves of the Agency Agreement in the form attached hereto as Exhibit "A "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.. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on IWAY % , 2004, in Room 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION obert W. Hunt, President ATTEST: Philip J. da,`Secretary F:\ HOME\ CGREENE\ WPData \Resolutions\RESMISC\Agency Agr StudebakerA.wpd AGENCY AGREEMENT This Agency Agreement ( "Agency Agreement "), made and entered into as of the day of M �Y , 2004, by and between the South Bend Redevelopment Commission ( "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 ( "Board ") for purposes of the Commission designating the Board to act as the Commission's agent in order to demolish certain buildings located at the Studebaker Area A site ( "Property") and to AOMN undertake construction of new streets, related infrastructure improvements and other matters related to Studebaker Area A, redevelopment project (the Project "). WITNESSETH: WHEREAS, at a meeting on MAY 7 , 2004, the Commission adopted Resolution No. 2 053 WHEREAS, at a meeting on / KIL 26o , 2004, the Board adopted Resolution No. IS-Zooc4 . WHEREAS, the Commission and the Board desire to enter into this Agency Agreement ( "Agreement ") in order to permit the construction of the Project pursuant to the terms and conditions contained herein; and WHEREAS, the Board desires to act as the agent of the Commission for the purposes of constructing the Project in accord with the plan for redevelopment of the Property; 1 EXHIBIT A 'r NOW, THEREFORE, in consideration of the mutual covenants and promises herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The Commission hereby empowers and appoints the Board to act as the Commission's agent for the limited purpose of contracting for the demolition and construction of the Project in accordance with the plans as approved by the Commission and filed with the Board ( "Plan "), which Plan may be supplemented and amended from time to time as provided for herein. The Board shall select the type,, quantity, suppliers, construction contractors and subcontractors, materialmen and installers of the improvements and appurtenances on behalf of the Commission. 2. This limited Agency Agreement shall immediately terminate upon breach by the Commission or the Board of this Agency Agreement or any other agreement between the y Commission or the Board at least seven (7) days in advance of the date of termination of agency. The authority and appointment herein contained is limited to a total construction cost for the Project, as established by the receipt and award of construction contracts by the Board pursuant to the Agency Agreement. 3. The Board hereby accepts the appointment of agency by the Commission as described in Paragraph 1 of this Agency Agreement. 4. The Board shall construct the Project pursuant to IC 36 -1 -12 and shall execute all contracts pursuant to said chapter on behalf of the Commission. 5. The Board, in the bidding of the contracts pursuant to said chapter, shall adopt specifications pertaining to the work to be performed, the timetable for the performance of the work, require performance, payment, and maintenance bonds, and such other matters as may be required 2 by statute and/or the prevailing conditions in the South Bend community for public construction, provided such conditions, specifications, and matters are in accordance with the Plans and all supplements and amendments thereto. The Board may make such modifications and amendments to the Plans as required for the construction of the Project consistent with the overall design set forth in the Plans, as approved by the Commission, and may adopt such special conditions as may be required in its opinion to satisfactorily complete the construction of the Project, provided that such modifications, amendments or special conditions do not alter the character of the Project or reduce the value thereof. 6. The Commission hereby empowers the Board to assume full responsibility for obtaining all necessary licenses, inspections, zoning approvals, building permits and any and all acts necessary to comply with the applicable statutory and regulatory requirements regarding the Project. construction, zoning and 'leasing of the J ect. 7. The sole responsibility for construction and purchase of items constituting the Project shall be that of the Board, which has the sole responsibility to dealing with contractors and subcontractors in the construction of the Project. The Board shall ensure that all components of the Project are properly invoiced to and titled in the Commission prior to the commencement of Project. 8. The Board shall have sole responsibility to inspect, on behalf of the Commission, the construction of improvements and the appurtenances and their installation although the Commission reserves the right, at any time, to conduct such independent inspection as it deems appropriate. If the improvements or appurtenances are not properly constructed or installed in accord with specifications, do not operate or hold up as represented or warranted by any supplier or contractor, 3 G or are unsatisfactory for any reason, the Board, during the term of this Agency Agreement, shall make any claim on account thereof solely against said supplier or contractor. 9. The Commission hereby assigns to the Board, during the term of this Agency Agreement, all its rights and benefits pursuant to any warranties, duties, or obligations of any manufacturer, wholesaler, retailer, installer, contractor, or subcontractor who provides any labor or materials for or in the Project. 10. The Board, on behalf of the Commission, shall be responsible for processing all contractor claims for payment, consistent with the following procedure. The Board shall: (a) obtain a completed Application and Certificate for a Payment (AIA G702) executed by the project architect or engineer; and (b) certify, in a Certificate for Payment signed by its authorized officers, that the work represented by the request for payment has been satisfactorily completed and there are no faints or conditions existing that would require the delay in payment to the contractor. 11. The parties acknowledge that it is the responsibility of the Commission to carry, or cause others to carry, builder's risk insurance and bodily injury and property damage insurance and the Board shall have no responsibility to obtain such insurance coverage. 12. The Board shall accept the completed Project on behalf of the Commission, which acceptance shall be evidenced by: (a) execution of a Certificate of Completion by the project architect or engineer and, if applicable, a Certificate of Occupancy issued by the Building Commissioner of the City of South Bend; and (b) the execution of a Certificate of Acceptance by the Board, accepting the Project as completed on behalf of the Commission. 4 t . 14 LIM 13. The terms and conditions of the Agency Agreement shall insure to the benefit of and bind the respective parties hereto and their successors in interest and assigns, and no portion of the Agency Agreement may be assigned by any party without the prior written consent of all other parties. 14. The agency provisions herein contained apply only as stated and shall not be deemed to create any partnership, joint venture or other enterprise of any type or nature between the South Bend Redevelopment Commission and the Board of Public Works. No amendment, modification or alteration of the terms of this Agency Agreement shall be binding unless duly executed by the parties hereto in writing, dated subsequent to the date hereof. IN WITNESS WHEREOF, the undersigned hereto execute this Agency Agreement to be effective as of the day and year first written above. THE SOUTH BEND REDEVELOPMENT COMMIS Robert W. Hunt, President ATTEST: WAIC� 0.11��-.a� Philip J a nda, Secretary Dated: DCl F:\ HOME \CGREENE \WPData \Resolutions \RESMISC\Agency Agr Studebakerk4d THE BOARD OF PUBLIC WORKS Gary Gilot, Prc�identj Ca Littrell on Inks AT T T: Angela K. Ja ob, Clerk Dated: J'dt-I, I C)