HomeMy WebLinkAbout5A1 First Amendment to Development Agreement (United Way)Redevelopment Commission Agenda Item
DATE:
FROM:
SUBJECT:
April 22, 2021
Zach Hurst, PE
Amendment to Development Agreement
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request:
This amendment to the recently approved Development Agreement with United Way, regarding
their new Southeast Neighborhood Center, clarifies that the $1.4M funding allotment will also be
used to pay the development’s System Development Charge, in accordance with City ordinance
and policy. The SDC for this project is estimated at $11,664.
INTERNAL USE ONLY: Project ID: PROJ ;
Total Amount – New Project Budget Appropriation $_______________;
Total Amount – Existing Project Budget Change (increase or decrease) $_______________;
Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________;
Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________;
Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First
Amendment”) is made on April 22, 2021, by and between the South Bend Redevelopment
Commission, the governing body of the City of South Bend Department of Redevelopment (the
“Commission”), and United Way of St. Joseph County, Inc. (the “Developer”) (each a “Party,”
and collectively the “Parties”).
RECITALS
A. The Commission and the Developer entered into a Development Agreement dated
April 8, 2021 (the “Development Agreement”), pertaining to certain local public improvements
("LPI") to a community center in the River West Development Area (the "Project").
B. As part of the Project, the Parties desire to use a portion of the Funding Amount for
the payment of the system development charge, which charge was not set forth in the definition of
the LPI.
C. The Parties desire to modify the Development Agreement to include the system
development charge as a part of the LPI.
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. Exhibit C, Description of Local Public Improvements, shall be deleted in its entirety
and replaced with the attached Exhibit C.
2. 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.
3. Capitalized terms used in this First Amendment will have the meanings set forth in
the Development Agreement unless otherwise stated herein.
4. The recitals set forth above are hereby incorporated into the operative provisions of
this First Amendment.
5. This First Amendment will be governed and construed in accordance with the laws
of the State of Indiana.
6. 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.
IN WITNESS WHEREOF, the Parties hereby execute this First Amendment to
Development Agreement as of the first date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION
By:____________________________________
Marcia I. Jones, President
ATTEST:
By:____________________________________
Quentin M. Phillips, Secretary
UNITED WAY OF ST. JOSEPH COUNTY, INC.
By: _____________________________________
Laura Jensen, Chief Executive Officer
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: purchase of playground equipment, payment of system development charge, site
preparation work, landscaping, stormwater management infrastructure, asphalt paving, and/or
concrete flatwork.