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HomeMy WebLinkAboutAmendment No. 1 to Project Agreement - FREG South Bend Holdings, LLC INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Patrick Sherman SUBJECT: Gintz Dr. and Stephenson Mills Parking Lot Project 124-054 DATE: September 19th, 2024 Greetings, The City is obligated to replace the Stephenson Mills parking lot as part of an agreement in 2017 related to the Seitz Park project. The City also wishes to replace Gintz Dr, which is between the Cascades building and the Stephenson Mills apartments, due to problematic grades and extremely poor condition. Engineering worked closely with our design consultant and representatives from both property owners to develop a plan that works for all stakeholders involved. This document will amend the previous agreement to reflect the work that will be performed on Stephenson Mills property as well as cover a portion of their legal fees related to the amendment. The project has been awarded and should be completed this year. Thank you and please call with any questions. FIRST AMENDMENT TO PROJECT AGREEMENT This First Amendment to Project Agreement (this "First Amendment") is entered into as of September 24, 2024 (the "Effective Date"), by and among FREG South Bend, the City and the University (each as defined below). For valuable consideration, the receipt and adequacy of which are expressly acknowledged, FREG South Bend, the City and the University agree as follows: I.Definition . In this First Amendment the following terms have the meaning given: (a)FREO South Bend: FREG South Bend Holdings, LLC, a Colorado limitedliability company. (b)City: The City of South Bend, Indiana, acting by and through its Board ofPublic Works, its Board of Park Commissioners, and its RedevelopmentCommission. (c)University: The University of Notre Dame du Lac. (d)Agreement: The Project Agreement, dated effective as of June 25, 2019,by and among (i) FREG Stephenson Mill Associates, LLC, predecessor-in­ interest to FREG South Bend, (ii) the City and (iii) the University. (e)Property: The real property and improvements, commonly known asStephenson Mill Apartments, located at 322 E. Colfax, South Bend,Indiana. Any capitalized term used in this First Amendment that is not defined in this First Amendment has the meaning set fo11h for such term in the Agreement, and as used herein, the term "Agreement" shall mean the Agreement as modified by this First Amendment. FREG South Bend, the City and the University may be referenced herein individually as a '·E..ru:!y" and collectively as the "Parties." as context may require. 2.Additional Work. (a)The Parties acknowledge that, as of the Effective Date, the Project, is notcomplete. Pursuant to an agreement between the University and the City, the City has been paying, and continues to pay. to FREG South Bend $200 per day as the additional consideration required by Section 3)C.3.d) of the Agreement (the "Daily Fee"). From and after the Effective Date, Section 3)C.3.d) of the Agreement is amended such that the City shall be solely responsible for the Daily Fee. Notwithstanding anything to the contrary contained in the Agreement, the City shall, at itssole cost and expense, be responsible for the following additional work: (i) the removal of the EastDrive and the restoration of the area comprising the East Drive and other surrounding areas to itsprior condition including, but not limited to, sidewalks and landscaping; and (ii) the modification and improvements to the west side of the Property, in each case of clause (i) and (ii) as moreparticularly described on Exhibit A-1 and Exhibit A-2 attached hereto (clauses (i) and (ii) aboveare collectively referred to herein as the <;Additional Work"). The Parties further acknowledgeand agree that any portion of the Additional Work originally required pursuant to the Agreementto be performed and completed by the University shall now be the sole responsibility of the City. September 24, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/19/2024 Name Patrick Sherman Department Public Works BPW Date 09/24/2024 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 FREG South Bend Holdings, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Gintz Dr. and Stephenson Mills Parking Lot Project Number 124-054 Funding Source PR-00036145 Account No. 429-10-102-121-444000--PROJ00000079 Amount $2,500.00 Terms of Contract Contract Amendment Purpose/Description Agreement to perform work on the Stephenson Mills Parking lot and cover some of their legal costs associated with the agreement. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: