HomeMy WebLinkAbout5B8 First Amendment to Development Agreement (Unity Gardens)1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First
Amendment”) is made on January 24, 2019, by and between the South Bend Redevelopment
Commission, the governing body of the City of South Bend Department of Redevelopment (the
“Commission”), and Unity Gardens, Inc., an Indiana non-profit corporation (the “Developer”)
(each a “Party,” and collectively the “Parties”).
RECITALS
A. The Commission and the Developer entered into a Development Agreement dated
effective October 27, 2016 (the “Development Agreement”), for the development of a Project in
the River West Development Area.
B. The Developer has been working with the City of South Bend (the “City”)
Engineering Department to effectively connect portions of the Project to existing utility services,
and the cost to make the connections is higher than initially anticipated.
C. The Parties now desire to modify the Development Agreement to reflect the Parties’
agreement, as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in the
Development Agreement and this First Amendment, the adequacy of which is hereby
acknowledged, the Parties agree as follows:
1. Section 1.2 of the Development Agreement shall be deleted in its entirety and
replaced with the following:
1.2 Funding Amount. “Funding Amount” means an amount not to
exceed Seventy-Five Thousand Dollars ($75,000) of tax increment finance
revenues to be used for paying the costs associated with the construction, equipping,
inspection, and delivery of the Local Public Improvements in support of the Project.
Further, the Parties agree that the Funding Amount shall be spent as set forth on
Exhibit C.
2. Section 9.7 shall be revised to designate the Director of Economic Resources and
Business Development as the contact person for the Commission.
3. Exhibit C, Description of Local Public Improvements, shall be deleted in its entirety
and replaced with the attached Exhibit C.
4. The Developer hereby expressly reaffirms its obligations under the Development
Agreement, and, unless expressly modified by this First Amendment, the terms and provisions of
the Development Agreement remain in full force and effect.
5. Capitalized terms used in this First Amendment will have the meanings set forth in
the Development Agreement unless otherwise stated herein.
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6. The recitals set forth above are hereby incorporated into the operative provisions of
this First Amendment.
7. This First Amendment will be governed and construed in accordance with the laws
of the State of Indiana.
8. This First Amendment may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute one and the same
instrument. Any electronically transmitted version of a manually executed original shall be deemed
a manually executed original.
Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereby execute this First Amendment to
Development Agreement as of the first date stated above.
COMMISSION:
SOUTH BEND REDEVELOPMENT
COMMISSION
By:____________________________________
Marcia I. Jones, President
ATTEST:
By:____________________________________
Donald E. Inks, Secretary
DEVELOPER:
UNITY GARDENS, INC.
By: _________________________________
Sara Stewart, President
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EXHIBIT C
Description of Local Public Improvements
The Commission will complete, or cause to be completed, the following work in
accordance with the terms and conditions of this Agreement and in compliance with all
applicable laws and regulations: utility connections supporting the construction of the Project.