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Home My WebLink About6D (1)b )) (1) • Maui" , �i Community & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission; Board of Public Works 1 From: Bill Schallio Subject: Resolution 3045 Amendment to the Addendum To Master Agency Agreement Fellows Street Corridor Improvement Project — Supplement #3 Date: June 11, 2012 Attached to this memorandum is Resolution 3045 and Amendment to the Addendum To Master Agency Agreement for the Fellows Street Corridor Improvement Project — Supplement #3. The purpose of this amendment is to present an acquisition of all total and partial acquisitions as well as temporary encroachments necessary for the Fellows Street Corridor Improvement Project. In April 2011, the Commission approved the original addendum for this project (2865 -11) which hired Christopher B. Burke Engineering Ltd. staff to help coordinate study of the traffic circulation of Fellows and Ireland and Fellows Street north to Chippewa. The purpose of this infrastructure study was based on the INDOT plan to construct a bridge over the US 20 Bypass and build a new connector roadway on the Fellows Street alignment from Gilmer Park south of the bypass to the intersection of Ireland and Fellows. The state anticipates that roadway to be completed in late summer /fall 2013. In December 2011, the Commission approved the design services contract for the project as Supplement #1 (2972 -11) to the Addendum. In May 2012, the Commission approved Supplement #2 (3037 -12) which allowed for additional funding for the final design of the project as well as additional work related to storm water master planning elements for the project. Supplement #3 proposed by Resolution 2045 would set the list of properties to be acquired for this project. The attached table included with this staff report and also attached as Exhibit D of the Amendment details the list of properties that will be required to be acquired for this project. The project contains total and partial acquisitions as well as temporary right of way to allow for the construction. Based on the present design, there are 30 total acquisitions, 5 partial acquisitions, and 57 temporary rights of ways required for this project. Of the total takes, 3 properties are rentals, 3 are vacant and the rest are occupied owner - occupied units. All of the total acquisition property owners except one were met with between June 5 -7th in a series of small group meetings to discuss this project and the acquisition process. The total project acquisition for all of the properties is projected at $3,012,500.00 and staff, as part of Exhibit D, requests a budget of $3,012,500.00 for the acquisitions. Supplement #4 will be presented to the Commission at its next meeting that will contain a funding request for title, appraisal and relocation services. Staff requests approval of Resolution 3045 and the Amendment to the Addendum To Master Agency Agreement for the Fellows Street Corridor Improvement Project — Supplement #3. What We Do Today Makes A Difference! Fellows Street Corridor Improvement Project - ,��- i � � � � , ;� _ � � r ;sue• " �. "� � ,� -r• jr t ! 1 fi .� i � • . "' 'tf • � 3 1 � I9�.'. � R. , 5, y,—_•# i ��tf i {rte 5F• f r� i 1 y 7 14+ I. n,'rt" y Illy i , Lo RESOLUTION NO. 3045 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Fellows Street Corridor Improvement Project - Supplement #3) (2865 -11; 2972 -11; 3037 -11) 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, effective January 1, 2012, 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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by way of an Addendum on April 12, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #1 by way of Resolution 2972 on December 13, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #2 by way of Resolution 3037 on May 31, 2012; 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 (Fellows Street Corridor Improvement Project - Supplement #3) 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 June 14, 2012, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Fellows Street Corridor Improvement Project - Supplement #3) (2865-11,2972-11,3037-12; 3045 -12) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 26th day of June, 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 Fellows Street Corridor Improvement Project - Supplement #3 (the "Project "). WHEREAS, effective January 1, 2012, 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 2012; and WHEREAS, effective January 1, 2012, 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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by way of an Addendum on April 12, 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #1 during December 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #2 during May and June 2012; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. 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 ", amended by Supplement #1 as described in "Exhibit B ", amended by Supplement #2 as described in "Exhibit C ", and now amended as described in "Exhibit D ", 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) 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 Mark Neal, Member Michael Meacham, Member ATTEST: Linda Martin, Clerk Exhibit "A" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT See attached proposal from Christopher B. Burke Engineering Ltd. dated April 4, 2011 and approved by the Board of Public works on April 25, 2011 Exhibit "B" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #1 See attached Amendment dated December 6, 2011 and approved by the Board of Public Works on December 22, 2011 F.xhihit "C" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #2 See attached Amendment dated May 1, 2012 and approved by the Board of Public Works on June 12, 2011 Exhibit "D" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #3 List of properties to be acquired as Right of Way for the Fellows Street Corridor Improvement Project Full Acquisition Parcels — 30 Partial Acquisition Parcels — 5 Temporary Acquisition Parcels - 57 Estimated Acquisition and Relocation Budget $ 3,012,500.00 Ray & Dorothy Unruh F 4412 S. Fellows 18- 72704-7511 Owner Occupied 120,900.00 David Hodges & Pete Taddeo F 4404 S. Fellows 18 -7204- 751101 Owner Occupied 127,500.00 John & Betty Martz F 4328 S. Fellows 18- 7024 -7512 Owner Occupied 133,800.00 Cedric & Mary Moodie F 4322 S. Fellows 18 -7204 -7513 Owner Occupied 146,500.00 Adam Detwiler F 4312 S. Fellows 38 -7204 -7514 Owner Occupied 160,700.00 Joseph Horvath - Family 2010 Revocable Trust F 4302 S. Fellows 18 -7204- 751401 Owner Occupied 113,300.00 Matthew & Ann Dyer F 4234 S. Fellows 18- 7164 - 577402 Owner Occupied 130,300.00 Brian & Jennifer Bishop F 4230 S. Fellows 18- 7164 - 577403 Owner Occupied 127,400.00 Matthew Heckman F 4224 S. Fellows 18- 7164 - 577404 Owner Occupied 117,900.00 Amy Cartwright F 4218 S. Fellows 18- 7164 - 577405 Owner Occupied 122,200.00 Frank & Rojene Rozmarynowski F 4212 S. Fellows 18- 7164 - 577406 Owner Occupied 133,900.00 Stanley & Kyna Doaks F 14204 S. Fellows 18- 7164 - 577407 Owner Occupied 122,000.00 Matthew & Ann Hanover F 4130 S. Fellows 18- 7164 - 577408 Owner Occupied 155,300.00 Robin Richmond F 4126 S. Fellows 18- 7164 - 577409 Rental 137,800.00 Theresa Stedman F 4122 S. Fellows 18- 7164 - 577420 Owner Occupied 147,600.00 Letitia Ann Warnock F 4116 S. Fellows 18- 7202 -7493 Unknown 47,900.00 Robert & Phyllis Laughman F 4110 S. Fellows 18- 7202 -7494 Owner Occupied 51,300.00 Jim & Penny Hughes F 4104 S. Fellows 18- 7202 -7495 Rental 48,600.00 James & Denise Goepfrich F 4036 S. Fellows 18- 7202 -7496 Owner Occupied 23,600.00 Sam & Karen Palmer F 4030 S. Fellows 18- 7202 -7497 Owner Occupied 58,800.00 Pat Perri F 14024 S. Fellows 18- 7202 -7498 Owner Occupied 74,100.00 City of South Bend 4016 S. Fellows 18- 7202 -7502 vacant Prudiential One Realty 4021 Fellows 18- 7202 -7499 Vacant 51,400.00 Fran & Bradley Clark 425 E. Teri 18- 7202 -7500 Rental 31,000.00 Greg Chidester 440 E. Chippewa 18- 7202 -7422 Owner Occupied 71,700.00 The Housing Authority of 58 434 E. Chippewa 18- 7202 -7423 Vacant Corey Dill 430 E. Chippewa 18- 7202 -7424 Owner Occupied 57,100.00 Norman & Gerry McKillip 426 E. Chippewa 18- 7202 -7425 Owner Occupied 63,700.00 Matthew & Cindy Holderbaum IT 422 E. Chippewa 18- 7202 -7426 Owner Occupied 64,000.00 Matthew and Donita Borton 421 E. Teri 18- 7202 -7501 Owner Occupied 16,500.00 Roy & Patty Hinton 415 E. Teri 18- 7202 -7428 Owner Occupied George Wednt & Mar arett Bird (see note) 430 Walter 018 -7204 -7515 Owner Occupied Jeff & Chrystal Kieffer 4313 S. Fellows 18 -7204 -7516 Owner Occupied Michelle M. Johnson 4321 S. Fellows 18 -7204 -7517 Owner Occupied Judith Jones 4325 S. Fellows 18- 7204 -7518 Rental James & Beth McKillip 4233 S. Fellows 18- 7164 - 577419 Owner Occupied Sandra Hussein 4229 S. Fellows 18- 7164 - 577418 Owner Occupied Djamle & Adrian Charmat T 4221 S. Fellows 18- 7164 - 577417 Owner Occupied Sonia Flores T 4217 S. Fellows 18- 7164 - 577416 Owner Occupied Derrick Preston T 4211 S. Fellows 18- 7164 - 577415 Owner Occupied Kathleen Hootman T . 4203 S. Fellows 18- 7164 - 577414 Owner Occupied Robert & Judy Hochschild T 4131 S. Fellows 18- 7164 - 577413 Owner Occupied Nancy Morrison T 4125 S. Fellows 18- 7164 - 577412 Owner Occupied Georgann Devolder T 4119 S. Fellows 18- 7164 - 577411 Owner Occupied AR &KB Kimbrella T 4115 S. Fellows 18- 7202 -7492 Rental John Blankert T 425 Barbie 18- 7202 -7463 Owner Occupied Marcus Reed T 4107 S. Fellows 18- 7202 -7491 Owner Occupied Anthony &Barbara Snodgrass T 430 E. Teri 018 - 7202 -7462 Owner Occupied Dale & Marcy Kokot T 422 E. Teri 018 - 7202 -7461 Rental Kyle & Amber Yoder T 416 E. Teri 018- 7202 -7460 Owner Occupied Barbara Albertson T 410 E. Teri 018 - 7202 -7459 Rental Beverly Huston T 409 E. Teri 018- 7202 -7429 Owner Occupied Matthew & Hermelina Powell T 433 E. Chippewa 18- 7187 -6602 Owner Occupied Jon Williams & Lisa Balazsi- Williams T 429 E. Chippewa 018 - 7187 -6601 Owner Occupied Stephen & Paula Fielder T 425 E. Chippewa 018 - 7187 -6600 Owner Occupied Brenda Large T 421 E. Chippewa 018 - 7187 -6599 Owner Occupied Tatia Baxter T 417 E. Chippewa 018- 7187 -6598 Owner Occupied Gary & Julianne Zapalski (see note) T 411 E. Chippewa 018- 7187 -6597 Owner Occupied Terril Smith T 407 E. Chippewa 018- 7187 -6596 Owner Occupied Margarett Bird T 403 E. Chippewa 18- 7187 -6595 Owner Occupied Navarro Cruz Casimiro T 416 E. Chippewa 018 - 7202 -7427 Owner Occupied Mark & Danielle Fries T 410 E. Chippewa 018- 7187 -6558 Owner Occupied Moran & Lior Carmel T 406 E. Chippewa 018- 7187 -6559 Rental Mark Wilson T 402 E. Chippewa 018- 7187 -6560 Owner Occupied 5 Star Investment Group 7 320 E. Chippewa 018 - 7187 -6573 Rental Cindy Korkhouse T 318 E. Chippewa 018- 7187- 657301 Owner Occupied Mary Lee T 308 E. Chippewa 018 - 7187 -6574 Rental Angela Dilts T 302 E. Chippewa 018- 7187 -6575 Owner Occupied Kenneth & Cynthia Janiak T 323 E. Chippewa 018- 7187 -6594 Owner Occupied XSEED LLC T 319 E. Chippewa 018 - 7187 -6593 Rental MFC South Bend Holdings LLC T 315 E. Chippewa 018 - 7187 -6592 Rental Roger & Nancy Morgan T 309 E. Chippewa 018- 7187 -6591 Owner Occupied Christopher Ferry T 303 E. Chippewa 018 - 7187 -6590 Owner Occupied Jeff & Janmarie Schnabel T 234 E. Chippewa 018- 7187 -6576 Owner Occupied Jennifer Zarembka T 230 E. Chippewa 018 - 7187 -6577 Owner Occupied John Bourthoumieu T 226 E. Chippewa 018- 7187 -6578 Owner Occupied TMQ Properties LLC T 222 E. Chippewa 018 - 7187 -6579 Rental Margaret Romwalter T 218 E. Chippewa 018 - 7187 -6580 Owner Occupied Dale & Marcy Kokot T 212 E. Chippewa 018 - 7187 -6581 Owner Occupied Kathy Gipson T 3806 Adddison 018 - 7187 -6582 Rental Mary Beth Wiseman T 233 E. Chippewa 018 - 7187 -6589 Owner Occupied Master Investments Holdings LLC T 227 E. Chippewa 018 - 7187 -6588 Rental Patricia Draper T 223 E. Chippewa 018 - 7187 -6587 Owner Occupied Kevin Fautz T 219 E. Chippewa 018 - 7187 -6586 Owner Occupied Maps Real estate Mgt. LLC T 3733 Whitcomb 018- 7187 -6585 Rental Dixies Banicki & Vickie Bailey (see note) T 207 E. Chippewa 018- 7187 -6584 Owner Occupied James & Penny Hughes T 203 E. Chippewa 018- 7187 -6583 Rental S8 Real Estate 2 LLC & Life Estate for P. Mathes T 139 E. Chippewa 018 - 7187 -6531 Rental David Hilliard T 133 E. Chippewa 018- 7187 -6530 Owner Occupied Palmer Funeral Home T 3718 Michigan 018- 7163 -5758 Owner Occupied Carl & Jennifer Ciesiolka T 140 E. Chippewa 018 - 7187 -6533 Owner Occupied Janice Buwa T 134 E. Chippewa 018 - 7187 -6532 Owner Occupied Full Acquisition F 30 Partial Acquisition P 5 Temporary Acquisition T 57