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Home My WebLink About6D2(Q -b (Z) 5 UTq 4 Department of s us',z Community Investment Memorandum Monday, March 11, 2013 TO: South Bend Redevelopment Commission FROM: Bill Schalhol SUBJECT: Resolution 3127 & Amendment to the Addendum to the Master Agency Agreement Main /Lafayette Corridor Project - Supplement #8 Attached to this memorandum is Resolution 3127 and Amendment to the Addendum To Master Agency Agreement for the Main - Lafayette Corridor Project, Supplement #8. On November 21, 2011, the Commission and the BPW approved Resolution 2954 -11 and Amendment #4 to create a $1,225,000 budget. With the addition of these 8 acquisitions, there is a need to finalize the acquisition budget. The original estimate for acquisition was $1,224,565 but there have been changes in values associated with some of the purchases (such as relocation expenses), and the addition of costs like with the Gates transaction approved at the last Commission meeting, that have created the increase in the total project budget. The original estimate was a projection of values to be used for budgeting and it was recognized that an adjustment would likely be needed. The purpose pf this supplement is to add funding in the amount of $347,637.00 to the acquisition right of way line item to cover the final acquisitions associated with the Main - Lafayette project. The amount of all acquisitions is the final value and all of the acquisitions have been negotiated and the total acquisition amount will be $1,501,315. Property Owner Amount 389 Wend 's $26,400 426 Jack Ellis (Republican HQ) $17,130 374/005 South Gateway (Sears Hometown Store) $14,890 302 AMC Theaters $81,299 364 -427 Gates /Caroline Partners $79,090 003 Jeffery Nickerson (Honkers) $41,535 475 Falls Creek Development (NW Ireland & Lafayette) $71,193 758 Lock Joint Tube $11,100 Closing Costs Project Design — S3 $5,0000 Total Value To Complete 1 $347,637 The following is a table with the actions and costs to date: Action Resolution Exhibit Date TyELFA/DDLZ t Addendum 2749 -10 A 8/30/10 Project Design- 0.00 Amend #1 2838 -11 B 2/14/11 ROW Acquisition- 0.00 Amend #2 2873 -11 C 5/9/11 ROW Acquisition S2 0.00 Amend #3 2953 -11 D 11/21/11 Project Design — S3 0.00 4147,00000 Amend #4 2954 -11 E 11/21/11 ROW Acquisition B0.00 Amend #5 3023 -12 F 5/15/12 Construction Bud e0.00 Amend #6 3058 -12 G 8/9/12 Demolition of 3 ro0.00 Amend #7 3098 -12 H 12/20/12 Project Design — S4 LFA 0.00 Amend #8 3127 -13 1 Pending ROW Acquisition Budget adjustment 1 347,367.00 Staff requests approval of Resolution 3127 and the Addendum To Master Project, Supplement #8. _ ddgk Mrn- nl..l. Awmnlo. weep nme held. LI, 1013 IYw nl PLO pl Numb, Owner H,me Acheadion [frIMAIE DAP( AITT', R(IOGS]ION CHI CR .IT O,YieLbliryer rEMp DOITV'H S701 ass /zmz Stns 416 Vnilee SYln .1 An.,.. rtMp Sl,ns $},469 9/1/ }011 5,,136 In Ra N(n, ... .P. M1 5.31( $547 11NOL11 $6)3 1. X.S. Ali..., In,. r(MI $6]3 sL}5, 3/},1101} 51.43 102 leaned an' RHhEr -An,-, rEMp $ 1.45 $2,611 3111]01} 517331 H9 Wen411 of on W,Me, 1. THAP WNmL Iw 6qunmpY $6395 .2 Denny O.A NmryI pi TEMP 59,(39 !BONG Si6,N0 SSfi,C00 $6,555 3/19/}01} $t1Y 123 1nYE(Ilnnsl., A, Total. PARTIAL Wgq(gl Yr{dj9qu.m $1114 Ad. wua Nodded c.mw.r. uc PARTIAL sIDSD, rBmrc SuyD Simms $I}5 .needed SO 7.)3 South held FAIN (need DevebpnrenL ll[ pAgilAl SD A;no )fb 1MgPOINT TUBE M(. plgilAl $1t )], Y3 CSI IIIIHAw, u( PARTIAL 5.1]61 Lllo /x011 Squs sA U1 o.n, u( rAREnI S >Su 671 gi,llMnel A. DO bunny 11Pt41 10 /3180} 59,6)0 I".Sp sEIM 10/}9/}011 50 6x0 it., 17 4..1 De buy,ur rARilAt 30 $169,035 l0 /x9 /x01} 56,162 60] C�8 Re,hY, LIP p1RilAl $6.162 53691 112)12011 50 7.n C Realty, LLP PARTIAL $0 $1,]5] 2/}}11012 $6.lbo 1. Cnl Al 10HIAI S6.I. $11,)6 l0 /IRni SgR51 1I6 fou,R 6.1—al Propenin .11( PARTIAL the"I'Sor A/ILnIYn] $6.651 $9,30.6 PBIpNfi IAM $IC 313 P,ni,u Al Al PmwnieP ll( rARlul / 90 9,SEI 10/19/1012 51.030 Ow Wlle prownieP l( l PARTIAL SISAX $9,195 /212312011 521.150 n3 1. kberon IeXreY M rggilAl AApt led w,PbAnMC smi. 512.611 ID/I1/xpll SC1.f1$ 002 ]rirY Limile0 li,6ililY Contend, PARTIAL S61,fls 57,686 6IBIN12 $11,695 100 M'1 re 1n1,menllmpenY. LLt PARTIAL 51),1 $9,450 1/16/5012 $1,3)3 nl RirbNMMlonnb.11u. PARTIAL 5. 9]5 S23A9e 611/2012 567.630 SA ml Rae Rmp rAgrul 517,630 W2 PLC ShomNne l thm 3 and 7 Ihm 19, LC PARTIAL 6MZ012 SR.iw Wlp(y WAdG naLL 51,160 1 /11 /.O sudb .I NLPAFV.619 S RVIIFR, INC IHC. PARTIAL IIl.29p $26,035 ) /2(12012 $30.80 YO M lry,nn $he mun PARTIAL $30,310 $130 9 11 /WhoLl, $I,, .0 3011 N1rcYlo linneYa Rate, pnmer pARIIAI $I'm 51. 7.4 7/25 /2011 $,.111 YI l erryLl Diane !,412141 59,111 53,316 10 /612012 S,M 630 RnphLa3lrons. Aetna i01AL $.Sn $81,535 1016/1011 541338 Sl,)Y $]b,21( !]] RoCen S. me M1ryL 441i 1041 $,4,14 311512012 $WIW fio,pp $5.1!00 619 Ric A. {Entire A. oe eunaer 1041 5139.A50 50 7/29/2011 SO.'m !6A 4nli ne rMnen, LL. n,1, rMlYl WphAt]p A/jYLlTeel S116,693 30 4x6 /.v Sn.530 3A9 proNne lrnwn. LLC !ARAM! fBA30 SO AY 4mNw Anne., LLC '."At $O n! Gn NON( So Ol 4mbe A,nnm, LLC PAI Tot SO AN CXY NON[ So 42, Gtt NINE 0 A21 City NO L 50 ]30 Mnme A. 01730!. TEMP none needed $12, .9 Xein TAPE Andrew Np3E ......tied $0 ARE Cm of foNh Send Peed Deep, NONC no., needed 0 Y] 1{.l1e M.nh, Ann NON[ noneneedeti $1,u.]61 5.17.x]0 S..aY $lsm.]Es RESOLUTION NO. 3127 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Main- Lafayette Connector Design Project - Supplement #8) 2749-10,2838-11,2873-11,2953-11,2954-11,3023-12,3058-12,3098-12 WHEREAS, effective January 1, 2013, 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 2013; and WHEREAS, effective January 1, 2013, 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 Main - Lafayette Connector Design Project to the Master Agency Agreement by way of an Addendum on August 23, 2010; and WHEREAS, the Commission amended the Addendum with Supplement #1 by way of Resolution 2838 on January 21, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #2 by way of Resolution 2873 on May 10, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #3 by way of Resolution 2953 on November 8, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #4 by way of Resolution 2954 on November 8, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #5 by way of Resolution 3023 on April 24, 2012; and WHEREAS, the Commission amended the Addendum with Supplement #6 by way of Resolution 3058 on July 26, 2012; and WHEREAS, the Commission amended the Addendum with Supplement #7 by way of Resolution 3098 on December 20, 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 (Main- Lafayette Connector Design Project - Supplement #8) 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 March 14, 2013, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana ErIfewl 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 (Main- Lafayette Connector Design Project - Supplement #8) 2749 -10, 2838 -11, 2873 -11, 2953 -11, 2954 -11, 3023 -12, 3058-12,3098-12, 3127 -13 This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 26th day of March, 2013, 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 Main- Lafayette Connector Design Project - Supplement #8 (the "Project "). WHEREAS, effective January 1, 2013, 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 2013; and WHEREAS, effective January 1, 2013, 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 Main - Lafayette Connector Design Project to the Master Agency Agreement by way of an Addendum on August 23, 2010; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #1 during February 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #2 during May 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #3 during November 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #4 during November 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #5 during April 2012; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #6 during July /August 2012; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement #7 during December 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", amended by Supplement #3 as described in "Exhibit D ", amended by Supplement #4 as described in "Exhibit E ", amended by Supplement #5 as described in "Exhibit F ", amended by Supplement #6 as described in "Exhibit G ", amended by Supplement #7 as described in "Exhibit H ", and now amended as described in "Exhibit P, 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 Mecham, Member ATTEST: Linda Martin, Clerk Exhibit "A" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT See attached Proposal from Lawson - Fisher Associates P.C. dated August 9, 2010 Approved by the Board of Public Works on August 23, 2010 Exhibit "B" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT 41 See attached Proposal from Lawson - Fisher Associates P.C. dated January 4, 2011 Approved by the Board of Public Works on February 14, 2011 Exhibit "C" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #2 See attached Proposal from Lawson - Fisher Associates P.C. dated March 15, 2011 Approved by the Board of Public Works on May 9, 2011 Exhibit "D" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #3 See attached Proposal from Lawson - Fisher Associates P.C. dated October 12, 2011 Approved by the Board of Public Works on November 21, 2011 Exhibit "E" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #4 See attached Budget Table prepared by Lawson - Fisher Associates P.C. Approved by the Board of Public Works on November 21, 2011 Exhibit "F" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #5 See attached Budget Table prepared by Lawson- Fisher Associates P.C. with construction estimate for project at $4.5 Million Dollar amount Approved by the Board of Public Works on May 15, 2012 Exhibit "G" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #6 See attached quote request to advertise for the demolition of three structures located within the project area. Quotes are to be received by the Board of Public Works on August 9, 2012. Structures for Demolition are as follows: 4101 South Main Street (DeBuysser Parcel — residential structures) 4219 South Main Street (Mink Parcel — residential structures) 4043 South Michigan Street (Premier College of Cosmetology — commercial structure) Exhibit "H" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT 47 See attached Supplement Agreement #4 from Lawson - Fisher Associates P.C. dated September 25, 2012 Approved by the Board of Public Works on December 20, 2012 Exhibit "I" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #8 See attached Budget Table prepared in conjunction with Lawson - Fisher Associates P.C. and DLZ Indiana, LLC Mam LeNYeNe - [Amyl.. Bub{el Labe March It. 2013 INFORMATION pre -R[pu nF roe M uaI OM' a] pn PAID OUT pane l iYpe of H payee, ame Number My mokin ESTIMATE ppif Attlee Ii pflOCp ]ION CHECK Of11VFq[D 423 Davitl 1. Bolin {er TEMP 5701 a /'Mll SLID$ Sl, %s 816 United siai ea 011merka LEMp $] 809 9/] /1012 $8,528 H,S38 103 B i H En \erpnaef iFMP � $58) 1/21/2012 $6]S $6]5 108 X.S. Altman, Inc IFMI $1,251 3/24/2011 $1,., SLIDE 102 RkbaM anE NM Meen pna{en Lf Mp 52,611 3/t /]012 $6,595 %,595 %9 WlnCy'a W e, FOR Wayn Ilk TEMP aMry fe, AUuCmMU $9,839 pBBDING $ »,800 $36,400 M$ Den ny O.L Han[yL Weber }f 041 16,555 3119/2011 $L1. $1,16{ 425 IM L 111,, 11 .1 At lwun PARTIAL WaX1V Ed, "I.. $10,5012 pfuOWG 51),16 $ll,11 3% WMCR XpIJin {CO mpa nY. LLC Ppp Tlgl $Ils none needed $D 50 AT$ WIND MITI 1,111 CH,H, Devlbpmeno LLC PARTIAL 5.1.]20 IN LOCK JOINT TUBE INC. PARTIAL $22,)]4 H2 CBI BUildmpr LLC PARTIAL ' S9,]% 4130/2012 S9, %5 $9.565 SA %1 OAP I, C LL PARTIAL ]0/33/102 $9,430 H,.. 421 R. 1. L ).eel A. OR Su ylLer Ppp ilAl $113. ]0/29/2012 $0 S0 42. Lla T O Bupe PRATT At $169.5 1012912012 $4,262 H26 2 .] (-B Re.M Y IV PR glll $2 IL 2/2]/2012 50 $0 AND C Really. Up PARTIAL $L)5] 2/1]/2012 $6,1. $111Carl 3» Ca M. Ray PARTIAL 521,476 101112011 $69 {S2 5%.B Si 37. smote Gateway Propenin, LL( PARTIAL W.Riry kr AL111atmenl $9886 PENDING $14,880 Sl6AL0 3]] Pan kia Moore Propf Rka. LLC PARTIAL $1,589 10/29/1012 $15,030 515,0 30 0% WIIe PnpenM,ll( Pq RtlAl $9,295 912212011 $21,150 $2LIS0 .3 Ie"Hivi Ni[Rnob PARTIAL W.A' for Wjuatm.nl 511,621 10/1B(»I2 H LSIS DALLAS .2 fli[. Limited L'u bit itY Company PARTIAL $1,686 6/13/2012 $17,69S $13,95 1. PWSlnnimen Pre" nY LLf PARTIAL S9.. 2/16/2012 $9,935 $99)5 .1 Ri[F. Na geal.0 ra ell, Lin. PARTIAL 521,996 6/]/202 H],6. W.D. SA.1 R&D Auto PARTIAL 6/l /1012 WI. $8,160 302 TIC SMwp4[e 2 Him 5 and 3 Hot 19, LLC PARTIAL W. "I br ALluRm.M H,429 1/11/2011 584299 581,»9 801 XERAf US RUIZFR, INC. PARTIAL $26,035 711412012 MIN $101510 4b M.ann Sherman ry PARTIAL N". 11/21/1012 $1510 Sss000 .39 Nanryb Pin neY4 R.Ylyn Rn me, PARTIAL 52,464 ]/25/2012 59111 $,,III Ml Terry LL thence N. la Men PARTIAL $9314 IDq /2012 59,3. 59A. 430 Ralph L L Sham, S. Mint TOTAL % 5 ,538 10/6/2011 $ Assa $1,746 $]4,204 3]) Robert S. Rod R.la.i tOipl HBBAJIA 3 /IS 11012 $ lw $103. 55.,3. .11 9 Ri 4.ibn A. De bet,bet,;... a el iOlpl 5199... 1/2912012 $2 %,M $299EH %. 6mline P.nneq LLG. aL PARTIAL Walft for Adj.. H9 4191iru P.Rnn, LL[ PARTIAL W .% 4mllnf l.nnen, LLG p1giN1 SO .33 CITY NONE H .31 CaMlnepMrNn. LLC PARTIAL $O 429 CITY NONE 0 428 CITY NONE H 4I7 CITY NONE IN ]emme A. Osborn If MP none need. 5626 169 Hein Paul Andmv NONE none need 043 City of SOUIF and Park peq NONE' none nl.M M] RoBle M.rtM Ann HOM[ none needed