HomeMy WebLinkAboutAmendment No 1 Temporary Use Agreement - Four Winds Field Proj No. 123-046 - Housing Authority
INTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING
TO: Theresa Heffner, Clerk Board of Public Works
FROM: Patrick Sherman
SUBJECT: Housing Authority of South Bend: Temporary Use Agreement
DATE: 08/22/2024 Greetings, Through additional conversations concerning the use agreement with the HASB, the HASB has asked for financial consideration for the use of their property for Four Winds project staging. The City has agreed to this financial consideration with the assistance of DCI. This amendment will reflect that change with the agreement as well as a provision for us to move the staging in the event that they are able to move forward with future plans to develop the space prior to the completion of the Four Winds project.
Please let me know if you have any questions. Thank you.
Patrick Sherman
FIRST AMENDMENT TO THE CITY OF SOUTH BEND, INDIANA AUTHORIZATION FOR ENTRY UPON AND THE TEMPORARY USE OF PUBLIC PROPERTY LOCATED AT 628 WEST WESTERN AVENUE
THIS FIRST AMENDMENT is made effective the 27th. day of August, 2024, by the City of South Bend, by and through its Board of Public Works ("BPW") and the Housing Authority of South Bend, an Indiana non-profit organization (“HASB”).
RECITALS
WHEREAS, in accordance with IC 36-9-6 et. al, BPW is the authorized contracting agent of the City of South Bend; and
WHEREAS, the City and HASB entered into a certain agreement dated August 13, 2024 (“Agreement”) which granted access to the City for the use of certain HASB owned property located at 628 West Western Avenue, South Bend, Indiana 46601 (“Property”); and
WHEREAS, this First Amendment is entered into to modify certain terms and conditions expressed in the Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and HASB hereby agree as follows:
1.Section 8 is hereby added to the Agreement and reads as follows: In furtherconsideration of the temporary authorization for access to the Property, the City shall make a one time payment to HASB in the amount of Twenty Thousand and 00/100 Dollars ($20,000.00).
2.Section 4 of the Agreement is hereby deleted and replaced by the following: The
rights granted under this Agreement shall terminate upon the earlier of (i) March 26, 2026, by
which the Activity will have ceased on the Property, (ii) delivery of written notice from BPW to HASB, or (iii) delivery of written notice from HASB to BPW stating that the City has thirty (30) days to remove all staging equipment from the Property.
3.Capitalized terms used in this First Amendment will have the meanings set forth in
the Agreement unless otherwise stated herein.
4.Unless expressly modified by this First Amendment, the terms and provisions ofthe Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date first written above.
HOUSING AUTHORITY OF SOUTH BEND
CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Joseph R. Molnar, Vice President
Gary A. Gilot, Member
Breana Micou, Member
August 27, 2024
BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM
Date 08/22/2024
Name Patrick Sherman Department Public Works
BPW Date 08/26/2024 Phone Extension 5601
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name
Purchasing Mickey Lovy
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach
Required Information
Company or Vendor Name Housing Authority of South Bend
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Four Winds Field Renovation & Expansion
Project Number 123-046
Funding Source DCI
Account No. N/A
Amount $20.000.00
Terms of Contract Temporary Use Agreement Amendment
Purpose/Description The City, with support from DCI, will agree to a financial consideration for
the use of their property for staging during the Four Winds project.
For Change Orders Only
Amount of Increase Decrease
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($ ) Previous Amount $
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New Amount $
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Time Extension Amount: New Completion Date: