HomeMy WebLinkAboutagenda item 2015 0326 rdc 06f3ITEM: 6.F.(3)
Memorandum
March 24, 2015
Department of
Community Investment
TO: South Bend Redevelopment Commission
FROM:
SUBJECT:
Brock Zeeb, Director of Economic Resources
Surface Lot management extension
Attached is a temporary extension to the DTSB surface lot management agreement. The
Commission entered into an agreement with DTSB on March 14, 2013. The agreement is
set to expire at the end of March 2015.
Staff requests a temporary extension to the agreement while the City updates the parking
agreement to include all City surface lots managed by DTSB.
The extension maintains the current management structure and extends the contract for 60
days.
Staff asks for Commission approval of the extension.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
FIRST AMENDMENT TO TEMPORARY USE AND MANAGEMENT AGREEMENT
This First Amendment To Temporary Use And Management Agreement (the "First
Amendment") is made and entered into effective March 26, 2015 (the "Effective Date"), by and
between the City of South Bend, Indiana, Department of Redevelopment, by and through its
governing body, the South Bend Redevelopment Commission ("Owner"), and Downtown South
Bend, Inc., an Indiana non-profit corporation with offices at 217 South Michigan Street, South
Bend, Indiana 46601 ("DTSB").
Background
A. Owner and DTSB entered into that certain Temporary Use And Management
Agreement dated March 14, 2013 (the "Use Agreement"), regarding premises located at 225 Main
Street and 121 St. Joseph Street, South Bend, Indiana; and
B. Owner and DTSB desire to amend certain terms and provisions of the Use
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
in the Use Agreement and this First Amendment, and in accordance with Section 22 of the Use
Agreement, the Use Agreement is hereby amended as follows:
1.
following:
Section
2 of the Use Agreement is deleted in its entirety and replaced with the
2. TERM
The term of this Agreement commences on April 1, 2013, and terminates on June
30, 2015. The Owner has an absolute right to terminate this Agreement, with or
without cause, upon thirty (30) days' written notice of such termination to
DTSB. The parties' rights and obligations relating to payments, accounting, and
auditing will survive the termination of this Agreement until such matters are
concluded in the ordinary course of business.
2. All terms and conditions of the Use Agreement will remain in full force and effect
unless expressly modified by this First Amendment.
3. This First Amendment may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute one and the same
instrument.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Owner and DTSB have executed this First Amendment to be
effective as of the Effective Date.
CITY OF SOUTH BEND, INDIANA,
DEPARTMENT OF REDEVELOPMENT,
BYANDTHROUGHTHESOUTHBEND
REDEVELOPMENT COMMISSION
By:
Printed: ---------Title: ----------
ATTEST
By:
Printed: ________ _
Title: ----------
2
DOWNTOWN SOUTH BEND, INC.,
an Indiana non-profit corporation,