HomeMy WebLinkAbout6.I.(4) Extension Addendum Facade Matching Grant Program (WesternAve)i ~ ~~
:~ ~ I;NS[ON .-ii3"x3ENDL'~I TO
AGKEEMENT FOR PROGRAIV[S AND SERVICES WITH
URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC.
(FACADE ?MATCHING GRANT PROGRAM)
(WESTERN AVENUE)
PHIS EXTENSION ADDENDUM (this "Addendum") is made and entered into this
day of 2008, by and betwee^ the CITY OF SOliTH BEND,
INDIANA. 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') and URBAN
ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the `'Organization").
RECITALS
WHEREAS, the City and the Organization have entered into an agreement entitled
"Agreement For Programs And Services ~'Jith I?rban l;nterprise Association of South Bend,
Indiana, Inc. (Far~ade Matching Grant Program)(Western Avenue)" dated the 17`x' day of August,
2007, and amended by addendum (collectively the "Agreement") providing for the Facade
Matching Grant Program (the '`Program"); and
WHEREAS, the Agreement recognizes that the City's commercial corridors act as
gateways to the City and that improving the aesthetic appeal of the City's commercial corridors
will encourage not only additional investment in the City's commercial corridors but in their
surrounding neighborhoods and in the City more generally; and
WHEREAS, the Organization continues to have expertise and resources to provide for,
oversee and administer the Program; and
WHEREAS, the City is empowered under Indiana Code § 36-7-14-12.2(a)(26)(I3) to
enter into the Agreement and this Addendum; and
WHEREAS, pursuant to the Agreement, the Commission allocated for the Program,
under the terms of the Agreement, certain sums (the '`Contract Amount') as a portion of the
share allocated to the Corridor; and
WHEREAS, a portion of the Contract Amount was not spent during the term of the
Agreement and remains reserved for Program uses; and
WHEREAS, the parties desire to amend and extend the Agreement by this Addendum:
and
Wi~IEREAS, the Organization further represents that it has taken all corporate action
necessary to enter into this Addendum; and
WHEREAS, the City believes that the actions contemplated by this Addendum are in the
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comply with the public purposes and applicable provisions of state and local law.
NOW THEREFORE, the parties mutually agree as follows:
1. Section 1 (Contract Amount and Term) of the Agreement between the parties is
modified to read in its entirety as follows:
The Organization shall provide the programs and services set forth at Exhibit A (the
"Program°) on behalf of the City, for the Contract Amount for the period commencing January
1, 2007 and ending December 31, 2009. "(~he approved schedule for the Program is set forth at
Exhibit I3. The Organization shall submit quarterly reports to the Contract Administrator on
March 31, June 30, September 30 and December 31 of each year this Agreement is in effect
showing the progress of the Program, including a summary of all transactions detailing each
recipient by name, address, amount of funds attributable to the Contract Amount used, the
amount of private investment in the Corridor, the project commencement date and the project
completion date.
(Remainder ofpage intentionally left blank)
riff ~v'~'IT;f'ESS `r~'Ii&:IZE~.3I', ti~~ i aches ;ic;tcto l~a~~ :;aus~U this %\teiiJivn r~uucnuu~i~ w
be executed as of the day and year first above written.
CITY OF SOUTH BENll, INDIANA, URBAN I'JNTERPRISE ASSOCIATION
DEPARTMENT OF REDEVELOPMENT OF SOUTH BI±JND, INC.
llate:
2008
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South Bend Redevelopment Commission
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South Bend Redevelopment Commission
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Program Description
The Or<?anization shall provide the Following services and programs:
Facade Matching Grant Program - Establish a program designed to
encourage private investment by commercial, industrial, and mixed use property
owners or lessees on the Corridor. Commercial property includes property used
primarily for for-profit, nonprofit, or religious activities. The program goal is to
promote exterior improvements that enhance the appearance, value and character
of the property. The program is not intended to support deferred maintenance.
Lessees must provide written proof that the property owner has authorized the
proposed improvements. The program shall require:
(1) A maximum of one grant per property address per year.
(3) A matching public investment not to exceed sixty percent (60° ~~) of
the total project cost. The maximum grant shall not exceed twenty
thousand dollars 020,000).
(3) Projects that create a noticeable visual improvement to the
Corridor and are consistent with the revitalization action plan for
the Cotridor approved by the Contract Administrator.
(<l) To be eligib]e, the subject propert~~ must have proper insurance and
be current on property taxes.
(~) :~, minimum oT two (2) estimates tiom licensed contractors
detailing the scope of work with itemized prices must be obtained
before a project is approved. Applicants may bid for work on their
own bran[ project if they are licensed and/or gltalified to perform
the ~wor!~. However; when serving as their own contractor,
applicants will not be reimbursed for Labor related costs.
(6j Befora any work is commenced, any required building or sign
pet~nits for the grant project must be obtain for an applicant to
continue to be eligible for the program.
(~) Specinc program guidelines must be established, which clearly
establish the ;-rant process and schedule.
(Q} ~o funds may be disbursed for a grant unless pursuant to a written
contract which provided for default conditions consistent with the
program guidelines and clearly establishes remedies for instances
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(9) To be eligible, an applicant must agree to hold the City of South
Bend, Indiana, the City of South Bend, Department of
Redevelopment and the South Bend Redevelopment Commission
(collectively, the "City") harmless and to indemnify the City for
any damages or costs related to any claim, suit or demand related
to any action occurring as a result of the applicant's application or
participation in the Program.
Under the program, the following shall be ineligible improvements or costs:
(1) Improvements in progress or completed-prior to the grant award
(?) Interior improvements not associated with exterior work
(3) Residential building improvements
(=1) Removal or enclosure of architecturally important features
(f) `~'indotiv or door bars or security gates
(6) Demolition of structures
(7) \Iterations that decrease the accessibility for people with
disabilities
(3) Refinancing of e:cisting debt
(9j Property acquisition
(10) Environmental consulting or hazardous materials testing services
or abatement or clean-up costs.
EXHIBIT B
Program Schedule
l.' Create a Program consistent with this Agreement -- August 30, 2007
2. Commence marketing for the Program and be capable of processing
applications -September 1, 2007
3. Review, analyze and have Organization staff be in a position to
recommend or deny application within fifteen (15) business days of
receipt.
4. Approve or reject application within thirty (30) days from receipt or
notify applicant of a deficiency or special circumstance requiring
additional deliberation.
5. Provide notice to applicant of approval or reject within five (5) days of
approval or rejection.
6. Monitor project and disburse funds consistent with Program guidelines
and this Agreement.
EXHIBIT C
Program Budget
Funds AWailable for Facade Matching Grant Disbursements: $110,000.00
extern Avenue in South Bend
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Business Entity Report Filing
',F'li~'vit; ~i
CFRTTFICA'7';~ OF BXI`~7'FNCT:
Business Entity Report Filing
Name Searched On:
Urban Enterprise Association (Legal)
Current Information
Entity Legal Name.:
URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND INC
Entity Address:
227 W. JEFFERSON BLVD. SUITE 1200 S., SOUTH BEND, IN 46601
General Entity Information:
Control Number: 198403-411
Status: Active
Entity Type: Non-Profit Domestic Corporation
Entity Creation pate: 3/12/1984
Entity Date to Expire:
Enti~y_In_activ_e Date:
There are no other names on file for this Entity.
This entity is current with Business Entity Report(s). No filing is due at this time
Page 1 of 1
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https://secure.in.gov'sos/bus_serviceionline_corps/corp_report/confirm_selected_entity.asp?packet=198103... 8/10/2007
APPENDIX III
Copy of Federal Tax-Exemption Letter
f~ternal Revenue Service
~ Urban Enterprise Association
of South Bend, Inc.
1200 County-City Building
South Bend, Indiana 46601
Department of the Treasury
MAC ~ ~gg~
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1~e'ashi-g!en, DO 20224 ,
Person to Contact: Mr. Daume
Telephone Number:
(202) 566-3844
Refer Reply to:
Date:
E:EO:R: 2-4
,APR 2 9 i~9i
Employer Identification Number: 31-1118740
Key District: Cincinnati
Accounting Period Ending: December 31, 1990
Foundation Status Classification: 509(a)(3)
Form 990 Required: Yes
Dear Applicant:
Based on information supplied, and assuming your operations
will be as stated in your application for recognition of exemption,
we have determined you are exempt from federal income tax under
section 501(a) of the Internal Revenue Code (the Code) as an
organization described in section 501(c)(3).
We have further determined that you are not a private
foundation within the meaning of section 509(a) of the Code,
because you are an organization described in the section(s) above.
If your sources of support, or your purposes, character, or
method of operation change, please let your key district know so
that office can consider the effect of the change on your exempt
status and foundation status. In the case of an amended document
or bylaws, please send a copy of the amended document or bylaws to
your key district. Also, you should inform your key District
Director of all changes in yoar r.a.,,e or address.
As of January 1, 1984, you are liable for taxes under the
Federal Insurance Contributions Act (social security taxes) on
remuneration of $100 or more you pay to each of your employees
during a calendar year. You are not liable for the tax imposed
under the Federal Unemployment Tax Act (FUTA).
Since you are not a private foundation, you are not subject
to the excise taxes under Chapter 42 of the Code. However, you are
not automatically exempt from other federal excise taxes. If ypu
have any questions about excise, employment, or other federal
taxes, please contact your key District Director.
z
Urban Enterprise Association of South Bend, Inc.
Donors may deduct contributions to you as provided in section
170 of the Code. Bequests, legacies, devises, transfers, or gifts
to you or for your use are deductible for federal estate and gift
tax purposes if they meet the applicable provisions of sections
2055, 2106, and 2522 of the Code.
Donors (including private foundations) may rely on this ruling
unless the Internal Revenue Service publishes notice to the
contrary. However, if you lose your 509(a) status as shown above,
donors (other than private foundations) may not rely on the
classification shown above if they were in part responsible for,
or were aware of, the act that resulted in your loss of such
status, or they acquired knowledge that the Internal Revenue
Service had given notice that you would be removed from that
classification. Private foundations may rely on the classification
as long as you were not directly or indirectly controlled by them
or by disqualified persons with respect to them. However, private
foundations may not rely on the classification shown above if they
acquired knowledge that the Internal Revenue Service had given
notice that you would be removed from that classification.
If your organization conducts fund-raising events such as
benefit dinners, auctions, membership drives, etc., where something
of value is received in return for contributions, you can help your
donors avoid difficulties with their income tax returns by
assisting them in determining the proper tax treatment of their
contributions. To do this you should, in advance of the event,
determine the fair market value of the benefit received and state
it in your fund-raising materials such as solicitations, tickets,
and receipts in such a way that your donors can determine how much
is deductible and how much is not. To assist you in this, the
Service has issued Publication 1391, Deductibility of Payments Made
to Organizations Conducting Fund-Raising Events. You may obtain
copies of Publication 1391 from your key district office.
In the heading of this letter we have indicated whether you
must file Form 990, Return of Organization Exempt from Income Tax.
If Yes is indicated, you are required to file Form 990 only if your
gross receipts each year are normally more than $25,000. If your
gross receipts each year are not normally more than $25,000, we ask
that you establish that you are not required to file Form 990 by
completing Part I of that Form for your first year. Thereafter,
you will not be required to file a return until your gross receipts
exceed the $25,000 minimum. For guidance in determining if your
gross receipts are "normally" not more than the $25,000 limit, see
the instructions for the Form 990. If a return is required,• it
must be filed by the 15th day of the fifth month after the end of
your annual accounting period. A penalty of $10 a day is charged
when a return is filed late, unless there is reasonable cause for
3
Urban Enterprise Association of South Bend, Inc.
the delay. The maximum penalty charged cannot exceed $5,000 or 5
percent of your gross receipts for the year, whichever is less.
This penalty may also be charged if a return is not complete, so
please be sure your return is complete before you file it.
You are required to make your annual return available for
public inspection for three years after the return is due. You are
also required to make available a copy of your exemption
application, and supporting documents, and this exemption letter.
Failure to make these documents available for public inspection may
subliect you to a penalty of $10 per day for each day there is a
failure to comply (up to a maximum of $5,000 in the case of an
annual return). See Internal Revenue Service Notice 88-120, 1988-2
C.B. 454, for additional information.
You are not required to
you are subject to the tax
section 511 of the Code. If
file an income tax return
Business Income Tax Return.
whether any of your present
trade or business as defined
file federal income tax returns unless
on unrelated business income under
you are subject to this tax, you must
on Form 990-T, Exempt Organization
In this letter we are not determining
or proposed activities are unrelated
in section 513 of the Code.
You need an employer identification number even if you have
no employees. Please use that number on all returns you file and
in all correspondence with the Internal Revenue Service.
We are informing your key District Director of this ruling.
Because this letter could help resolve any questions about your
exempt status and foundation status, you should keep it in your
permanent records.
If you have any questions about this ruling, please contact
the person whose name and telephone number are shown in the heading
of this letter. For other matters, including questions concerning
reporting requirements, please contact your key District Director.
Sincerely,
Jeanne S. Gessay
Chief, Exempt Organizations
Rulings Branch 2