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HomeMy WebLinkAboutMemorandum of Understanding - IUSB - Demolition of Wooden Indian Motel1316 CIOUN IN-01T 13mummi 227 W, JEFFERSON Boul,EVARD Sorn � 1IT;ND, INDIANA 46601-1830 CITY OF Sourii BEND PETE BUTTIGfEG, MAYOR BOARD OF PUBLIC OR October 23, 2018 Philip J. lapalucci Jr. Vice Chancellor for Administration and Finance Indiana University South Bend 240 Administration Building 1700 Mishawaka Avenue South Bend IN 46615 RE: Memorandum of Understanding Dear Mr. lapalucci: P110M., 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on October 23, 2018, approved the above referenced memorandum of understanding regarding the contribution to the demolition of the Wooden Indian Motel at 1631 Lincoln Way East in the amount of $50,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this, matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Mai -tin, Clerk Enclosure GARY A. GILOT SUZANNA M. FRITZBER6 ELAZABE'ri I A, MARADIK JAW-,'s A. WF,,u..,tA: T[ I [AU'SE J. CODA" MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH BEND BOARD OF PUBLIC WORKS AND INDIANA UNIVERSITY SOUTH BEND This Memorandum of Understanding (this "Agreement") is made and executed between the City of South Bend, Indiana (the "City") acting by and through its Board of Public Works ("BPW"), and The Trustees of Indiana University on behalf of and for the benefit of Indiana University South Bend ("IUSB"). WHEREAS, IUSB is the owner of the property located at 1631 Lincoln Way East, South Bend, IN 46613, Parcel ID No. 018-7079-2879 (the "Property"); WHEREAS, IUSB desires to demolish the structures comprising the former Wooden Indian Motel (the "Motel") situated on the Property and would like assistance from the City in effectuating the demolition; and WHEREAS, the City believes the demolition of the Motel will generally benefit the residents of the City and desires to provide funding to IUSB to assist with the demolition of the Motel. NOW, THEREFORE, BPW and IUSB do hereby mutually agree as follows: I. TERM This Agreement shall commence on September 30, 2018 and continue until IUSB certifies to the City that the Motel demolition has been substantially completed by no later than December 31, 2018. II. GENERAL TERMS BPW shall authorize a donation to IUSB in the amount of Fifty Thousand Dollars ($50,000) (the "Donation Amount") to be used for the demolition of the Motel located at the Property. III. RESPONSIBILITIES OF THE CITY a) The City, through BPW, will authorize and provide the Donation Amount to IUSB in a manner reasonably described by IUSB. b) The City shall appoint a contact person from its Department of Community Investment to confer with IUSB and ensure that the Donation Amount is used for demolition of the Motel. c) The City agrees to obey all applicable local, state and federal laws and regulations. IV. RESPONSIBILITIES OF IUSB a) IUSB shall provide the City with a reasonable manner in which the City shall provide the Donation Amount to IUSB. b) IUSB shall appoint a point of contact for communications with the City regarding the demolition of the Motel. c) IUSB agrees to obey all applicable local, state and federal laws and regulations. IV. ASSIGNMENT Neither party may assign this Agreement without first obtaining written consent from the other party. V. ILLEGALITY If any provision of this Agreement is found by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected thereby, and in lieu of any provision that is found to be illegal, invalid, or unenforceable, there will be added as part of this Agreement a provision as similar to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. VI. ENTIRE AGREEMENT This document contains all of the Agreements between the parties regarding the issue of the sale of the Property and supersedes all prior negotiations, representations, or agreements, either written or oral, regarding the sole issue of the sale of the Property. This Agreement shall not be amended or modified except by written instrument signed by both parties. VII. GOVERNING LAW This Agreement shall be governed by the laws of the State of Indiana and venue shall be in St. Joseph County, Indiana. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. SIGNATURE PAGE FOLLOWS TRUSTEES OF INDIANA UNIVERSITY ACTING ON BEHALF OF INDIANA UNIVERSITY SOUTH BEND Printed:- bo"', &15. Its: ') o-'?'5"' c'.•Zks" CITY OF SOUT14 BEND, INDIANA ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS Gary Gilot�,'President Therese Dorau, Member Suzanna Fritzberg, Member Maradik, Member Mueller, Member, ATTEST: tir�da Martin, Clerk Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM October 4, 2018 Ron O'Connor Department Code Enforcement BPW Date October 23, 2018 Phone Extension 9294 Re ujred Prior o, Submittal to Board Legal X Attorney Name Kennedy Controller review is required for all Contracts $5,000.00 or more Controller X and greater than one year in length per the City Purchasing Policy Purchasing, X X Agreement H Contract LJ Proposal L] Addendum n Professional Services 7 Amendment Fj Bid Opening El Bid Award ❑ Req. to Advertise El Title Sheet Quote Opening El Quote Award ❑ Clog Order No. C/O & PCA No. PCA ❑ Ease,/Encroach. ❑ Traffic Control ❑ Resolution n Other: F1 Claim I Required Information Company or Vendor Name IUSI3 F-1 Yes E] If Yes, Approved by Purchasing New Vendor X No El Ye 7 MBE MBEIWBE Contractor El Completed E-Verify Form Attached F� WBNos Project Name Wooden Indian Demolition Project Number N/A Funding Source EDIT Account No. 408-1201-415-39M Amount $50,000 Terms of Contract December 31 2018 Purpose/Description Contribution to the demolition of 1631 Lincoln Way East also, known as the Wooden Indian MV otel. I;or Chane Orders Only Amount of El increase $ F-1 Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change' % Time Extension: Dispersal After Approval Copy Original El X Ron O'Connor X R 'Tim Corcoran El El