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HomeMy WebLinkAbout6H2H(z) �UrH �4 Department of Community Investment Memorandum Friday, September 6, 2013 TO: Redevelopment Commission FROM: Michael Divita/kB SUBJECT: Commission /UEA Plan Development Agreement (West Side Corridors Master Plan) Attached is an agreement with the Urban Enterprise Association of South Bend (UEA) related to the development of the West Side Corridors Master Plan. Under the terms of the agreement, the Commission and the UEA agree jointly to select a plan consultant, contract for planning consultant professional services, and participate in plan development sessions. The UEA agrees to contribute up to $150,000 toward the cost of the plan, with the City providing the balance of the funding. The City's specific monetary contribution will be determined at the time of contract award. The West Side Corridors Master Plan will provide a market -based strategic revitalization plan for Lincolnway West and Western Avenue. Consultant proposals for plan development are due September 13. Staff requests approval of the plan development agreement with the UEA for the West Side Corridors Master Plan. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 I SOUTHBENDIN.GOV AGREEMENT FOR PLAN DEVELOPMENT FUNDING WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (WEST SIDE CORRIDORS MASTER PLAN) THIS AGREEMENT (the or this "Agreement ") is made effective the day of , 2013, by and between the CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through the South Bend Redevelopment Commission, the governing body of the City's Department of Redevelopment (collectively the "City" or the "Commission ") and URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the "Organization "). RECITALS WHEREAS, Lincolnway West and Western Avenue (the "Corridors ") act as gateways to the City and the City finds that improving the aesthetic appeal of these Corridors will encourage not only additional investment in the Corridors but in their surrounding neighborhoods and in the City more generally; and WHEREAS, the investment necessary to improve the aesthetic appeal of the Corridors to prevent or eliminate the conditions set forth in Indiana Code § 36 -7 -1 -3 and to encourage the necessary additional investment in the Corridors could not occur through regulatory processes or the ordinary operations of private enterprise without public involvement; and WHEREAS, the City finds that the areas commonly described as the Lincolnway West Corridor and the Western Avenue Corridor are vital corridors to the City and their surrounding neighborhoods and that providing for additional investment in the Corridors will serve the Corridors, its surrounding neighborhoods, and the residents of the City, generally; and WHEREAS, in light of the foregoing, the City and the Organization desire to create a market -based strategic revitalization plan to guide revitalization and development of the Corridors (the "Plan"), and that a professional services consultant will be hired to assist with Plan development (the "Project "); and WHEREAS, pursuant to the Articles and Bylaws of the Organization, the Organization shall be organized and operated exclusively to benefit, perform, and carry out the charitable, scientific, and educational purposes of the City of South Bend, Indiana, and in furtherance thereof to conduct such programs and activities in and around the City, especially within the Enterprise Zone, as will (a) relieve the poor and distressed or the underprivileged, (b) advance education or science, (c) erect or maintain public buildings, monuments, or works, (d) lessen the burdens of government, (e) lessen neighborhood tensions, (f) eliminate prejudice and discrimination, or (g) combat community deterioration; and WHEREAS, the Organization has represented that it is exists under Indiana law and is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and WHEREAS, the Organization further represents that it has taken all corporate action necessary to enter into this Agreement; and WHEREAS, the City believes that the actions contemplated by this Agreement are in the best interests of the health, safety and welfare of the City and its residents and that such actions comply with the public purposes and applicable provisions of state and local law; and NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and the Organization hereby agree as follows: 1. The City and the Organization shall share in paying the cost of the Project. As its share of the cost of the Project, the Organization shall provide a maximum of One Hundred Fifty Thousand Dollars ($150,000.00). As its share of the cost of the Project, the City shall provide the remainder of the funds necessary to complete the Project. 2. The City and the Organization shall jointly select a professional services consultant for the Project, enter into the resulting professional services contract, and participate in internal and public meetings related to the Project. The City and the Organization shall pay Project costs independently. 3. The Organization shall designate one or more representatives to participate in the selection of a professional services consultant for the Project, in internal and public meetings related to the Project. 4. In any work product, meeting invitation, news release, or other written materials, when either the City or the Organization is acknowledged for its role in the Project, the other entity shall also be acknowledged. 5. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Organization, as the case may be, at the address set forth below. City: Organization: Scott Ford, Director Karen White, Vice Chair Dept. of Community Investment Urban Enterprise Association City of South Bend, Indiana of South Bend, Inc. 227 W. Jefferson Blvd., Suite 1400S 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 -1830 South Bend, IN 46601 -1830 6. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, approved by both the Organization and the City. 7. The undersigned persons executing and delivering this Agreement on behalf of the Organization represent and certify that they are the duly authorized officers of Organization and have been fully empower to execute and deliver this Agreement and that all necessary corporate action has been taken and done. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF SOUTH BEND, INDIANA, URBAN ENTERPRISE ASSOCIATION DEPARTMENT OF REDEVELOPMENT OF SOUTH BEND, INC. Date: Printed Name and lifle 2013 South Bend Redevelopment Commission Signature Printed Name and 7Ttle South Bend Redevelopment Commission Date: Y % 2013 Signature An-ntea7ame and Ilue Printed Name and 7711e