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HomeMy WebLinkAboutNo. 3003 approving/authorizing the execution of an addendum to the Master Agency Agreement (Hansel Center)RESOLUTION NO. 3003 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Hansel Center) WHEREAS, effective January 1, 2012, 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 2012; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Hansel Center Project to the Master Agency Agreement by way of this Addendum. 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 Hansel Center Project 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. Commission 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 February 14, 2012, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT C BrAv-id A. Varner, Vice President South Bend Redevelopment Commission ATTEST: ��II 9&4',ceel'(� 14 Nancy N. KinV Secretary/ South Bend Redevelopment Commission t A ADDENDUM TO MASTER AGENCY AGREEMENT (Hansel Center) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 14`h day of February, 2012, 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 Hansel Center Project (the "Project "). WHEREAS, effective January 1, 2012, the Commission and the BPW entered ILinto a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2012; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Hansel Center Project 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 ILbeing 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. Commission 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. 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 Don Inks, Member Kathryn Roos, Member ATTEST: Linda Martin, Clerk 14 Exhibit "A" Hansel Center Project Project Scope and Description: The Commission and the BPW (Collectively, the "City ") will facilitate all necessary governmental approvals. The City and South Bend Heritage Foundation, Inc. ( "SBHF "), will work together to solicit public bids and hire one General Contractor for both Phases II and III of the Project which should facilitate a seamless transition between these two phases. The City shall be responsible for Phase II and SBHF shall be responsible for Phase III. The bids should include a Schedule of Values which coincides with the funds allocated to each phase. The bidding process shall be conducted according to the City's bidding protocol. The contracts shall be signed simultaneously. Change Orders are to be paid for out of the funding allocated for phase III. Change Orders shall not be initiated without Kil Architect's authorization following initial review of cost associated with such change and authorization by the Vanir Group of Companies, Inc. and the University of Notre Dame du Lac. Bid /Quote the project and award. Oversee completion of the project. Budget: The City shall contribute up to Seven Hundred Ninety -Six Thousand Dollars ($796,000) in TIF funds and One Hundred Thirty -Four Thousand Dollars ($134,000) in CDBG Funds to the Project prior to the transfer of the Hansel Center to the University. The use of the TIF Funds, to the extent permitted by law, will be used to complete Phase II. Upon completion of Phase II, the City will transfer the Hansel Center back to SBHF for completion of Phase III.