HomeMy WebLinkAbout5B1c First Amendment to Redevelopment Legal Services Agreement - SignedSouth Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Redevelopment Commission Agenda Item
D ATE : 11/19/2025
F ROM: Caleb Bauer, Executive Director
SUBJECT: Redevelopment Services Agreements
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* 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: RDC staff requests consideration of amendments to 3-year RDC services
agreements with DCI staff, Engineering staff, and Legal Department staff who work to support the RDC’s
activities. The agreements include a 3% annual escalation, which is in line with historical annual salary
adjustments. If approved, funding will be provided out of a pro-rated share of TIF funds from each district.
______________ ___________Pres/V-Pres
ATTEST: __________ ________Secretary
Date: _____________ _______
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
November 24, 2025
1
FIRST AMENDMENT TO
AMENDED AND RESTATED REDEVELOPMENT LEGAL SERVICES AGREEMENT
This First Amendment to Amended and Restated Redevelopment Legal Services
Agreement (this “First Amendment”) is made effective as of January 1, 2026 (the “Effective
Date”), 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
the City of South Bend, Indiana, an Indiana municipal corporation, acting by and through the South
Bend Board of Public Works (the “Provider”).
RECITALS
A.The Commission and the Provider entered into an Amended and Restated
Redevelopment Legal Services Agreement dated effective July 1, 2018 (the “Services
Agreement”), for the provision of supervisory services to the Commission in relation to the
Commission’s Projects (as defined in the Services Agreement).
B.The Commission and the Provider wish to amend the Services Agreement as set
forth in this First Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this
Fourth Amendment and the Services Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1.The following text is hereby added to the end of Section 4(A) of the Services
Agreement:
“
In addition to the Annual Fee, the Commission agrees to pay the Provider a separate
flat fee of Ten Thousand Dollars ($10,000) per calendar year (the “Additional Fee”) to
offset wages paid to Provider’s interns whose work primarily supports the Requested
Services. The Additional Fee shall be payable upon the Provider’s written request.”
2.Section 15 of the Services Agreement is deleted and replaced with the following:
“SECTION 15. Notices.
“All notices or other communications which are required or permitted under the
terms of this Agreement shall be sufficient if delivered personally, by registered or certified
mail, return receipt requested, or by generally recognized, prepaid, overnight air courier
services, to the address and individual set forth below. All such notices to either party shall
be deemed to have been provided when delivered, if delivered personally, three (3) days
after mailed, if sent by registered or certified mail, or the next business day, if sent by
generally recognized, prepaid, overnight air courier services.
Commission: Department of Community Investment
2
215 S. Dr. Martin Luther King Jr. Boulevard
Suite 500
South Bend, Indiana 46601
Attn: Executive Director
Provider: Department of Public Works
215 S. Dr. Martin Luther King Jr. Boulevard
Suite 400
South Bend, Indiana 46601
Attn: Director”
3.Unless expressly modified by this First Amendment, the terms and provisions of
the Services Agreement remain in full force and effect.
4.Capitalized terms used in this First Amendment will have the meanings set forth in
the Services Agreement unless otherwise stated herein.
[Signature page follows.]
3
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Amended and Restated Redevelopment Legal Services Agreement to be effective as of the
Effective Date stated above.
CITY OF SOUTH BEND, INDIANA SOUTH BEND REDEVELOPMENT
BOARD OF PUBLIC WORKS COMMISSION
__________________________________ __________________________________
Elizabeth Maradik, President Troy Warner, President
__________________________________ ATTEST:
Joseph Molnar, Vice President
__________________________________ __________________________________
Breana Micou, Member Eli Wax, Secretary
__________________________________ Date:
Gary Gilot, Member
__________________________________
Murray Miller, Member
ATTEST:
__________________________________
Hillary Horvath, Clerk
Date:
November 24, 2025