HomeMy WebLinkAboutNo. 1158 authorizing the execution of an agency agreement with the Board of Public Works of the COSB and ratifying certain actions taken in connection therewithRESOLUTION NO. 1158
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AUTHORIZING THE EXECUTION OF
AN AGENCY AGREEMENT WITH THE BOARD OF PUBLIC
WORKS OF THE CITY OF SOUTH BEND, AND RATIFYING
CERTAIN ACTIONS TAKEN IN CONNECTION THEREWITH
WHEREAS, the Commission, at a meeting on December 4, 1992,
adopted Resolution No. 1118 authorizing the issuance of bonds on
parity with the City of South Bend Redevelopment District tax
increment revenue bonds of 1985, the City of South Bend
Redevelopment District bonds of 1986 and the City of South Bend
Redevelopment District bonds of 1988 designated for the purpose of
raising money for redevelopment in the South Bend Central
Allocation Area (the "Final Bond Resolution "), said redevelopment
consisting of financing certain costs associated with the
construction of the College Football Hall of Fame (the "Project ");
and
WHEREAS, at a meeting on December 18, 1992, the Commission
adopted Resolution 1124, amending the Final Bond Resolution,
providing certain amendments thereto, including authorizing the
issuance of City of South Bend Redevelopment District Tax Increment
Revenue Bond Anticipation Notes of 1992, in an aggregate principal
amount not to exceed $2.9 million; and
WHEREAS, at a meeting on January 4, 1993, the Commission
adopted Resolution No. 1126, amending said Resolution 1124, to
address dates on which interest is payable on the South Bend
Redevelopment District Tax Increment Revenue Bond Anticipation
Notes of 1992 and to provide that all references to the "City of
South Bend Redevelopment District Tax Increment Bond Anticipation
Notes of 1992" shall be changed to the "City of South Bend
Redevelopment District Tax Increment Revenue Bond Anticipation
Notes of 1993" (the "BANS "); and
WHEREAS, on December 30, 1992, the BANs were issued to and
sold by the Indiana Bond Bank, with closing on the same occurring
on January 6, 1993; and
WHEREAS, the Authority at a meeting on June 4, 1993, adopted
a resolution approving the execution of an Agency Agreement with
the Board of Public Works; and
WHEREAS, the Commission and the Board of Public Works desire
to enter into this Agency Agreement to permit the design, purchase,
and construction of the Project pursuant to the terms hereof; and
WHEREAS, the Board of Public Works desires to act as the agent
of the Commission for the purposes of designing, purchasing, and
constructing the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION THAT the Commission hereby approves the execution of the
Agency Agreement with the City of South Bend by and through its
Board of Public Works as attached hereto as Exhibit "A" and the
Secretary of the Commission is hereby directed to file a copy of
the Agency Agreement with the Board of Public Works.
Adopted at a meeting of the South Bend Redevelopment
Commission held at 10:00 a.m. EST, on June 4, 1993, at 1308 County -
City Building, South Bend, IN 46601.
SOU,Tf BEND /REDEVELOPMENT COMMISSION
i�*-��'.'L / `�
Paula N. Auburn, President
ATTEST:
Theo F. Sharp, Sbcretar
AGENCY AGREEMENT
SOUTH BEND CENTRAL ALLOCATION AREA
REDEVELOPMENT PROJECT
This Agency Agreement ( "Agency Agreement "), made and entered
into as of the 4th day of June, 1993, by the South Bend
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 "Board of Public Works "), for
purposes of the Commission designating the Board of Public Works to
act as its agent for purposes of designing, acquiring, and
constructing certain public improvements (the "Project ") and other
matters related thereto.
a
WITNESSETH:
WHEREAS, the Commission, at a meeting on December 4, 1992,
adopted Resolution No. 1118 authorizing the issuance of bonds on
parity with the City of South Bend Redevelopment District tax
increment revenue bonds of 1985, the City of South Bend
Redevelopment District bonds of 1986 and the City of South Bend
Redevelopment District bonds of 1988 designated for the purpose of
raising money for redevelopment in the South Bend Central
Allocation Area (the "Final Bond Resolution "), said redevelopment
consisting of financing certain costs associated with the
construction of the College Football Hall of Fame (the "Project ") ;
and
WHEREAS, at a meeting on December 18, 1992, the Commission
adopted Resolution 1124, amending the Final Bond Resolution,
providing certain amendments thereto, including authorizing the
issuance of City of South Bend Redevelopment District Tax Increment
Revenue Bond Anticipation Notes of 1992, in an aggregate principal
amount not to exceed $2.9 million; and
WHEREAS, at a meeting on January 4, 1993, the Commission
adopted Resolution No. 1126, amending said Resolution 1124, to
address dates on which interest is payable on the South Bend
Redevelopment District Tax Increment Revenue Bond Anticipation
Notes of 1992 and to provide that all references to the "City of
South Bend Redevelopment District Tax Increment Bond Anticipation
Notes of 1992" shall be changed to the "City of South Bend
Redevelopment District Tax Increment Revenue Bond Anticipation
Notes of 1993" (the "BANs "); and
WHEREAS, on December 30, 1992, the BANS were issued to and
sold by the Indiana Bond Bank, with closing on the same occurring
on January 6, 1993; and
WHEREAS, the Authority at a meeting on June 4, 1993, adopted
a resolution approving the execution of an Agency Agreement with
the Board of Public Works; and
WHEREAS, the Commission and the Board of Public Works desire
to enter into this Agency Agreement to permit the design, purchase,
and construction of the Project pursuant to the terms hereof; and
WHEREAS, the Board of Public Works desires to act as the agent
of the Commission for the purposes of designing, purchasing, and
constructing the Project;
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein, and for other good and valuable consideration, the
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receipt of which is hereby acknowledged, the parties agree as
follows:
1. The Commission hereby empowers and appoints the Board of
Public Works to act as its agent for the limited purpose of
contracting for the design, construction, purchase and installation
of preliminary stages of the Project and appurtenances thereto (the
"Improvements "). The Board of Public Works will select design
professionals, and 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 shall immediately terminate upon
completion of all services, receipt of all items purchased, and
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completion of all construction, contracted for by the Board of
Public Works, pursuant to its authority hereunder or upon breach of
the Commission or the Board of Public Works of this Agency
Agreement or any other agreement between the Commission and the
Board of Public Works after written notice of termination is given
by the Commission or the Board of Public Works 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
cost for the design, purchase, and construction of the
Improvements, as established by the receipt and award of contracts
by the Board of Public Works pursuant to the Agency Agreement, not
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to exceed the total amount of BAN proceeds available for the
Project.
3. The Board of Public Works hereby accepts the appointment
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of agency by the Commission as described in Paragraph 1 of this
Agency Agreement, and acknowledges the terms, conditions and
limitations placed upon it hereby.
4. The Board of Public Works shall design, purchase and
construct the Improvements pursuant to IC 5 -16 -11.1 and IC 36 -1 -12,
and shall execute all contracts pursuant to said chapter on behalf
of the Commission.
5. The Board of Public Works, 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 by statute and /or the prevailing
conditions in the South Bend community for public construction. The
Board of Public Works may adopt such special conditions as may be
required in its opinion to satisfactorily complete the design,
purchase and /or construction of the Improvements, provided that
such modifications, amendments or special conditions do not alter
the character of the Improvements or reduce the value thereof.
6. The Commission hereby empowers the Board of Public Works
to assume full responsibility for obtaining all necessary licenses,
inspections, zoning approvals, building permits and any and all
acts necessary to comply with any applicable statutory and
regulatory requirements regarding the construction, zoning and
leasing of the Improvements.
7. The sole responsibility for design, construction and
purchase of items constituting the Improvements shall be that of
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the Board of Public Works, which has the sole responsibility of
dealing with contractors and subcontractors in the design
construction and acquisition of the Improvements. The Board of
Public Works shall ensure that all components of the Improvements
are properly invoiced to and titled in the Commission prior to the
termination of this agency.
8. The Board of Public Works 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
as represented or warranted by any supplier or contractor, or are
unsatisfactory for any reason, the Board of Public Works, 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 of Public
Works, 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
Improvements.
10. The Board of Public Works, on behalf of the Commission,
shall be responsible for processing all claims for payment by
design professionals and all contractor claims for payment,
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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, or are
unsatisfactory for any reason, the Board of Public Works, 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 of Public
Works, 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
Improvements.
10. The Board of Public Works, on behalf of the Commission,
shall be responsible for processing all claims for payment by
design professionals and all contractor claims for payment,
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consistent with the following procedure. With respect to
contractor claims for payment, the Board of Public Works shall:
(a) obtain a completed Application and
Certificate for a Payment (AIA 0702) 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 facts 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 of Public Works shall have no responsibility to obtain such
insurance coverage.
12. The Board of Public Works shall accept the completed
Improvements on behalf of Commission, which acceptance shall be
evidenced by:
(a) the 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 of Public Works,
accepting the Improvements as completed on
behalf of the Commission.
13. The Improvements may be accepted by the Board of Public
Works pursuant to Paragraph 12 in phases constituting identifiable
components of the Improvements.
14. The terms and conditions of the Agency Agreement shall
SM
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inure to the benefit of and bind the respective parties hereto and
their successors in interest and assigns, and no portion of this
Agency Agreement may be assigned by any party without the prior
written consent of all other parties.
15. 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
Commission and the Board of Public Works.
16. The parties acknowledge that prior to the execution of
this Agency Agreement the Board of Public Works, at the request of
the Commission, has acted as its agent with respect to the design,
purchase and construction of the Improvements, and, in that
capacity, has executed contracts, accepted work, and has authorized
payment to contractors from BAN proceeds for the same. It is the
intent of the parties hereby to ratify all such actions of the
Board of Public Works taken on behalf of the Commission.
17. No amendment, modification or alteration of the terms of
this Agreement shall be binding unless duly executed by the parties
hereto in writing, dated subsequent to the date hereof.
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—I WITNESS WHEREOF, the undersigned hereto execute this Agency
Agreement to be effective as of the day and year first above
written.
THE SOUTH BEND REDEVELOPMENT
COMMI�y By : 'V,
Paula N. Auburn, President
ATTEST:
Theo F. Shar Secrekary
Dated: G - Y" 2-3
THE BOARD OF PUBLIC WORKS
Mary Hall Mueller
ATT T:
Sandra M. //Parmerlee, Clerk
Dated: b_ �_ % 3
This instrument was prepared by Jenny Pitts Manier, Chief Assistant
City Attorney, 1400 County -City Bldg., South Bend, IN 46601.
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