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HomeMy WebLinkAbout6.D.(1) Extension Program Management Agreement with South Bend HeritageEXTENSION ADDENDUM TO PROGRAM MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF SOUGH BEND, DEPARTMENT OF REDEVELOPMENT AND SOUTH BEND HERITAGE FOUNDATION „ THIS EXTENSION ADDENDUM (this "Addendum") is made and catered into this _ ~ ~ _ da~~ of December, 2008, by and behveen the CITY OF SOUTH BEND, INDIANA, acting by and through its Board of Public Works (the "Board"), the CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT, acting by and through the South Bend Rcde~~clopmcnt Commission ("Commission" and with the Board, the "City") and SOU"TH BEAD HERITAGE FOUNDATION, anot-for-profit domestic corporation organized under the la~~~s of the State of Indiana ("SBHF" or "Provider"), and having its principal place of business at South Bend, Indiana. RECITALS WHEREAS, the City and die Provider have entered info an agreement entitled "Program Management .Agreement By and Between the City of South Bend, Indiana, the City of South Bend, Department oC Redevelopment and South Bend Heritage Foundation" dated the ?4th day oC September, ?007, (the "Agreement") providing for the Dollar House Program (the "Program"); and WHEREAS, the Agreement recognizes that the actions contemplated by the 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 «'HEREAS, the Provider continues to have expertise and resources to provide for, oversee and administer the Program; and WHEREAS, the City is empowered under Indiana Code ~ 36-7-17 and Ordinance No. )746-07 to enter into the Agreement and this Addendum; and WHEREAS, pursuant to the Agreement, the Ciry appropriated and allocated for the Program, under the terms of the Agreement, certain sums (the "Contract Amount"); and WHEREAS, a portion of the Conll~act Amount ~~-as 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 WHEREAS, the Provider further represents that it has taken all corporate action necessary to enter into this Addendum. NOW THEREFOKE, the parties mutually agree as follows: 1. Section 1 (Definitions) of the Agreement between the parties is modified in part to read as follows: E.~piratioir Date: The term "Expiration Date" shall mean December 31, 2009. 2. Exhibit B (Program Schedule) of the Agreement between the parties is modified to read in its entirety as follows: Property purchases will talc place from August 2007 through December 31, 2008. Property rehabilitation will take place during 2007, 2008 and 2009 with a requirement of rehabilitation completion within 12 months of the sale of property. 3. "fhe undersigned persons executing and delivering this Addendum on behalf of the Provider represent and certify that they are the duly authorized officers oCProeider and have been fully empo~ecr to execute and deliver this A~~reement and that all necessary corporate action has been tal<en and done. 4. All other terms, conditions and provisions oC the Agreement shall remain in full force and effect. (Renn~rnde~~ of~~rtge intentionalh~ left blank) IN WITNESS WHEREOF, the Parties hereto have caused this Extension Addendum to be executed as of the day and year first above written. CI'CY OF SOUTH BENll, INllIAiV"A SOU"I'H BENll HEKI'I'AGE BOARD OF Pt;BLIC WORKS FOUNDATION Date: , 2008 Date: . ?008 Gary A. Gilot, President Donald E. h~ks John H. Murphy ATTEST: Linda M. Martin Signan~re Priru'd ~'nnu~ and 1 ft r~ S'ignnnne S • ~. Printer ,timne not fide ~' ~: TZ CITY OF SOUTH BEND, DEPARTYIENT OF REDEVELOPMENT llate: ?008 PrGued A'unte nrtd fide South Bend Redevelopment Commission ATTEST: signor,,, c' Prinrc'd Youtr°nnr lit, <° South Bend Redevelopment Commission