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HomeMy WebLinkAboutNo. 3094 approving/authorizing the execution of an amendment to the addendum to the Master Agency Agreement (DTSB Curb & Sidewalk Repair - Supplement #2)� RESOLUTION NO. 3094 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (DTSB Curb & Sidewalk Repair - Supplement #2) 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 ILcompletion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the DTSB Curb & Sidewalk Repair to the Master Agency Agreement by way of an Addendum on September 13, 2010; 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 (DTSB Curb & Sidewalk Repair - Supplement #2) 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 September 27, 2012, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ,,, ATTEST: A�/ South Bend Redevelop ent Commission 14 CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPM South Bend Relopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (DTSB Curb & Sidewalk Repair - Supplement #2) 3076 -11; 3094 -12 This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 4th day of October, 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 DTSB Curb & Sidewalk Repair - Supplement #2 (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, 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 DTSB Curb & Sidewalk Repair to the Master Agency Agreement by way of an Addendum on September 13, 2010; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. ILNOW, 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 ", and now amended as described in "Exhibit B ", 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 ILCommission 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) G ATTEST: South Bend Redevelopment Commission 14 ATTEST: Linda Martin, Clerk C CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT 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 Mecham, Member c A Exhibit "A" DTSB Curb & Sidewalk Repair See attached project drawings and quote table Original Budget Amount: $16,000.00 Approved by the BPW on September 10, 2010 C-I 14 Exhibit "B" DTSB Curb & Sidewalk Repair See attached quote tabulation Quote Amount: $20,462.55 Contingency Amount: $2,046.25 Amended Total Budget Request: $22,508.81