HomeMy WebLinkAbout5A1 First Amendment to MOU (Wharf Partners)1
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (this “First
Amendment”) is made on June 24, 2021, by and between the City of South Bend Department of
Redevelopment, acting by and through its governing body, the South Bend Redevelopment
Commission (the “Commission”), and Wharf Partners, LLC, an Indiana limited liability company
(the “Developer”) (each a “Party,” and collectively the “Parties”).
RECITALS
A. The Commission and the Developer entered into a Memorandum of Understanding
dated effective December 13, 2018 (the "MOU") related to the needs of the Parties as they pertain
to each other and other developments occurring in the area of Seitz Park in the River East
Development Area.
B. The Parties now desire to make certain modifications to the MOU to continue their
cooperation and to facilitate the aforementioned developments.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in the
MOU and this First Amendment, the adequacy of which is hereby acknowledged, the Parties agree
as follows:
1. Section 2.c. shall be deleted in its entirety and replaced with the following:
c. Developer Grant of Temporary Easement. The Developer agrees to grant to the
Commission a temporary easement over Lot 1 identified on the Cascades Plat to provide
parking for twenty-six (26) motor vehicles for a period beginning on the date hereof until
thirty (30) days prior to the published opening date of the restaurant contemplated in Phase
I of the Project as communicated at least thirty (30) days in advance in writing to the City.
After such date, the Developer shall agree to allow the Commission access to Lot 1 for the
benefit of parking for no more than twenty-six (26) motor vehicles related to the residents
of the neighboring property commonly known as Stephenson Mills. The Parties agree that
the Commission's use of the parking spaces at any time shall be non-exclusive. Further, the
Developer agrees that if any permanent lighting is removed from this area for construction
purposes, Developer will provide temporary lighting for the parking area. If the grant of
this temporary easement precludes the Developer from commencing Phase II of its Project,
the City agrees to assist Developer by coordinating with neighboring construction projects
and landowners to facilitate Developer’s objectives. This Agreement terminates upon the
completion of the Stephenson Mills parking lot. Upon the termination of this temporary
easement, the Parties agree to use their best efforts to cooperate to address parking issues
arising due to the Phase II of the Project and any ongoing neighboring construction
projects. Additionally, no later than November 1, 2021, the Commission shall cause to be
made such improvements as necessary to repair the western portion of Lot 1, as depicted
in yellow on Exhibit C, including the addition of a top layer of asphalt and striping.
2. A new Exhibit C shall be added to Agreement in the form attached hereto.
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3. The Parties hereby expressly reaffirm their respective obligations under the MOU,
and, unless expressly modified by this First Amendment, the terms and provisions of the MOU
remain in full force and effect.
4. Capitalized terms used in this First Amendment will have the meanings set forth in
the MOU unless otherwise stated herein.
5. The recitals set forth above are hereby incorporated into the operative provisions of
this First Amendment.
6. This First Amendment will be governed and construed in accordance with the laws
of the State of Indiana.
7. 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
Memorandum of Understanding as of the first date stated above.
COMMISSION:
SOUTH BEND REDEVELOPMENT
COMMISSION
By:____________________________________
Marcia I. Jones, President
ATTEST:
By:____________________________________
Quentin M. Phillips, Secretary
DEVELOPER:
WHARF PARTNERS, LLC
By: _____________________________________
Frank A. Perri, Manager
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EXHIBIT C
See Attached
Site Logistics Plan of Panzica Construction Group for
Three Twenty at the Cascades
Sheet C105, dated 06 22 2021