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HomeMy WebLinkAbout6G(2) SubGrant Agreement Innovation Park at Notre Dame~- SpUTH 8 OF "Ali i~;l~, ~'b0 y & Economic Development '~`~P~~a=' rr-- 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235 To: Redevelopment Commission From: Jennifer Laurent Subject: Sub-grant Agreement with University of Notre Dame Date: August 21, 2009 ;~~ For your review and approval is a sub-grant agreement with the University of Notre Dame governing distribution of proceeds from a $750,000 grant from the U.S. Department of Energy to the City of South Bend for Innovation Park. This federal Congressional Appropriation grant is specifically for the purchase of high-tech equipment to outfit wet lab space at Innovation Park. The application for the grant funds required the City of South Bend Redevelopment Commission to participate as a pass- through entity; as such by agreement the Commission will require of the University proof of having met the protocol set forth in the grant regulations for procurement procedures and reporting. Staff recommends your approval of the agreement. What We Do Today Makes A Difference! REDEVELOPMENT COMMISSION Name of Submitter: Date Submitted: Redevelopment Area: Project Name: Cost: Funding Source: Requires Budget Adjustment: (Yes or No. If yes, attach memo to adjust budget) Data: Agenda Item Summary Jennifer Laurent August 21, 2009 NNDA Innovation Park NA No Acres $/Acre Square Feet Jobs Assessed Value Term Lineal Feet $/Lineal Foot Rent Concession Rental Rate/Foot Rental Rate/Year Description: Sub-grant agreement with University of Notre Dame for Department of Energy Grant APPROVED: Donald Inks Director Department of Redevelopment SUB-GRANT AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE UNIVERSITY OF NOTRE DAME DU LAC and on behalf of Innovation Park at Notre Dame THIS AGREEMENT, entered into by and between THE CITY OF SOUTH BEND, INDIANA, DEPARTMENT OF REDEVELOPMENT (hereinafter referred to as the "Grantor") and the UNIVERSITY OF NOTRE DAME DU LAC (hereinafter referred to as the "Grantee") is executed pursuant to the terms and conditions set forth herein, and shall be dated as of the date of final execution by all parties hereto. In consideration of those mutual undertakings and covenants provided herein, the parties agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is to enable the Grantor to make asub-grant to the above- named Grantee from the funds received from Procurement Request No. 02- 08CH11514.000, for Construction Grant No. DE-FG02-08CH11514 (the "DOE Grant"), attached hereto as Exhibit B, administered by the U.S. Department of Energy, Office of Science, (the "DOE") and entitled `laboratory Equipment for Biological and Environmental Research " in the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) (the "Grant Funds"). The Grantee has worked together with the Grantor in the development of a research facility constructed on Grantee's 13-acre site immediately south of the University of Notre Dame campus located at 1400 Angela Blvd, South Bend, Indiana, operated by Innovation Park at Notre Dame ("IPND"). The Grant Funds are to be used for the acquisition of certain specialized laboratory equipment, set forth in Exhibit A, (the "Project") to be used in IPND. The grant provided for herein shall be used exclusively in accordance with the provisions contained in this Agreement and for no other purpose. 2. TERM OF AGREEMENT: The term of this Agreement shall be from the date of execution until December 31, 2009 (the "Term"), unless sooner terminated as described in Paragraph 15. The investments shall be expended or otherwise committed by Grantee no later than December 31, 2009 (the "Goal Date"). 3. DESIGN AND IMPLEMENTATION OF PROJECT: The Grantee shall be solely responsible for the selection and acquisition of certain specialized laboratory equipment, set forth in Exhibit A, to be used in IPND and as described in the DOE Grant. The Grantor has no responsibility for such selection or acquisition. Grantee acknowledges that neither DOE nor the Grantor has had or will have any involvement or responsibility regarding said selection or acquisition. Any substitutions made to the selection of equipment contained in Exhibit A shall be subject to approval by the DOE. In the event that the DOE does not approve a selection substitution, then the Grantor shall have no obligation to reimburse the Grantee for such substitution. Grantee shall be responsible for providing proof of approval from DOE of any substitution made to the selection of equipment contained in Exhibit A. 4. MONITORING BY DOE: (A.) DOE will exercise normal Federal stewardship in overseeing the project activities performed under this grant. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. (B.) DOE'S authorized representative shall have the right to make site visits as provided in the DOE Grant. (C.) The Grantee shall comply with all reporting requirements contained in the DOE Grant, including the requirements contained in the Federal Assistance Reporting Instructions (04/08). (D.) In the event that the Grantee fails to comply with any of the terms and conditions established in the DOE Grant, the Grantee shall be deemed to be in material breach of this Agreement and the Grantor may, among its other remedies, withhold authorization for any payment request of the grant funds until such time as the deficiency is corrected. (E.) The parties acknowledge that DOE oversight is only for the benefit of DOE and that DOE may elect, in whole or in part, to allow the Grantor to make final payment before all monitoring has been completed. (F.) If Grant Funds are disbursed and this Agreement is terminated by any party prior to the Goal Date, the DOE may elect to conduct an immediate on-site visit of the Project described in this Agreement irrespective to when a prior on-site visit may have been conducted. 5. PAYMENT OF GRANT FUNDS BY THE CITY: The payment of Grant Funds by the Grantor to the Grantee shall be made in accordance with the following schedule and conditions: (A.) This Agreement must be fully executed. (B.) All payments shall be made in arrears only upon presentation of approved and signed Claim Vouchers. Payments made by Grantee shall be deemed to be a payment by the Grantor for purposes of processing the Grantee's claims in accordance with this Agreement and with the DOE Grant. Such claim vouchers must be submitted with a Budget Expenditure Report detailing disbursements of 2 Grant Funds, or any local or other funds by Project Budget line items described in Exhibit A of this Agreement or in accordance with the substitution process set forth in Paragraph 3 of this Agreement. (C.) The Grantor may require the Grantee to produce satisfactory evidence, in the sole opinion of the Grantor, that substantial progress has been made towards completion of the Project and that the conditions set forth or referenced in this Paragraph 5 have been met, prior to making a payment under this Agreement. All payments are subject to DOE's determination that the Grantee's performance to date conforms to the Project as approved and described in Exhibit A, notwithstanding any other provision of this Agreement to the contrary. In the event that the Grantee fails to show that the progress or completion of the Project conforms to the description and schedule set forth in this Agreement, DOE or the Grantor may impose sanctions against the Grantee or may terminate this Agreement under Paragraph 15 of this Agreement. (D.) As stated in Paragraph 4 (C) of this Agreement, all required reports must be submitted within the time frame allotted. In the event that any required reports are not submitted within the period allotted, the Grantor may withhold authorization for any payment request until such time as the deficiency is corrected. (E.) No travel expenses shall be eligible for reimbursement under this Agreement. (F.) Notwithstanding any other provision of this Agreement, the Grantee expressly agrees that the monies provided herein by the Grantor are limited to the Maximum Amount of Grant Funds as described in Paragraph 1. The Grantor may de-obligate any Grant Funds which have not been expended and drawn down as of the Goal Date. (G.) Failure to complete the Project and expend private funds in accordance with this Agreement may be considered a material breach of the Agreement and shall entitle DOE or the Grantor to impose sanctions against the Grantee including, but not limited to, suspension of all grant payments, and/or suspension of the Grantee's participation in any grant programs until such time as all material breaches are cured to DOE's satisfaction. Sanctions may also include repayment of all Grant Funds received by the Grantee, whether or not they are held or were expended for this Project or accounted for in the Budget. (H.) All payments shall be made in arrears by electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific waiver has been obtained from Grantor. The written authorization must designate a financial institution and an account number to which all payments are to be credited. No payments will be made in advance of the receipt of goods or services that are the subject of this Agreement except as permitted by Indiana Code § 4-13-2-20 or by Indiana Code § 5-28-8. (I.) Additionally, among other requirements, Grantee has the following stated responsibilities under this Agreement, pursuant to the DOE Grant: i) Furnish, or cause to be furnished, the necessary equipment and services, administration, inspection, procurement and management to meet the intended use and purpose of the Grant. ii) Provide the other miscellaneous items and activities, all in combined use to be capable of successfully meeting their intended use in support of the equipment acquisition. iii) Provide all necessary information sufficient to allow Grantor to fulfill the reporting requirements in the Federal Assistance Reporting Requirements Checklist (DOE Form 4600.2) of the Grant, including: submittal of quarterly reports of progress/status using appropriate DOE reporting requirements as described in the Grant Agreement, in combination with other supplementary formats that may be agreed upon mutually between the Grantee and DOE. The degree of detail in these reports shall be sufficient for tracking project performance to keep DOE informed of progress, status, variances, changes, corrective actions and plans for future report periods. iv) Discuss the project with DOE as requested to provide information on project progress and status. Respond to DOE comments and questions regarding the project documents, progress reports and all other aspects of the project. v) Inform DOE promptly of any major changes in Grant plans or related conditions, especially those changes that will or may be expected to affect the funding, cost, schedule or budget or to affect the grant's purpose, design or functional capability. vi) Provide reasonably prompt responses to any DOE comments or questions regarding the Grant. vii) Perform all activities needed to assure project compliance with applicable: laws, regulations and codes that are related to the Grant, including those of an environmental, health or safety nature. (J.) Title to all property acquired under this Agreement shall pass to and remain with Grantee or its assignee. 6. ACCESS TO RECORDS: (A.) Grantee and its permitted sub-grantees or subcontractors, if any, shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred under this Agreement ("Records"), for inspection by the Grantor, DOE or by any of their respective authorized representatives, and reasonable 4 requests for copies thereof shall be furnished to the Grantor and DOE if requested. Grantee and its permitted sub-grantees, if any, shall make all Records available at their respective offices at all reasonable times during the Term of this Agreement and for three (3) years from the date of final payment under this Agreement or until a state or federal audit has been completed and all audit exceptions cleared, whichever is earlier. (B.) If DOE or the Grantor determines that fraud or other criminal misconduct has occurred with disbursements made to Grantee, the Grantor will consider Grantee in default and will terminate this Agreement in accordance with Paragraph 15. Grantee will be responsible for reimbursement to the Grantor of the full amount granted to Grantee at the time of the termination. (C.) DOE, the Grantor, and their authorized representatives and staff, have the right, at all reasonable times, to make site visits: (I) to review Project accomplishments and to confer with principals of the Grantee and permitted sub-grantees, if any; (2) to audit Records and management control systems; and (3) to provide such technical assistance as may be required. If any site visit is made on the premises of Grantee or any sub-grantee or contractor under this Agreement, Grantee shall provide and shall require its contractors and sub-grantees to provide all reasonable facilities and assistance for the safety and convenience of the Grantor, DOE or their authorized representatives, in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the Grantee's operations or work on the Project. Grantee will be given at least one (1) week prior notice before any site visit. 7. PROJECT BUDGET AND BUDGET MODIFICATION: The Project Budget is set forth as Exhibit A of this Agreement. The Grantee may spend more than the amount for each line item, as described in Exhibit A, without the prior written consent of the Grantor; however, any overruns on a line item must be made up on another line item. Grantee will be responsible for insuring that all equipment listed in Exhibit A will be purchased within the overall Project Budget. 8. STATUTORY AUTHORITY OF GRANTEE: Should any court of competent jurisdiction find Grantee legally ineligible to receive this Sub-grant, the Grantee expressly agrees to repay all monies paid to it under this Agreement. 9. USE OF GRANT FUNDS BY GRANTEE: Grant funds received by the Grantee pursuant to this Agreement shall be used only to reimburse the Grantee only to purchase the Equipment for use in IPND and for no other purpose. Grantee will purchase additional equipment funded from private sources to supplement the Equipment thereby creating an operational wet laboratory. The Grantee shall repay the Grantor the entirety of Grant Funds should a continued violation of said covenant persist thirty (30) days after receipt of written notice from Grantor of said violation. Grantee further agrees to execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. The Grantee certifies that no other state or federal funds from any source will be used to finance activities reimbursed under this Agreement. 10. COMPLIANCE WITH LAWS: (A.) The Grantee agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Grant Agreement shall be reviewed by the Grantor and the Grantee to determine whether the provisions of the Grant Agreement require formal modification. (B.) The Grantee agrees to comply with all federal statutes, rules and regulations, including those recited in the Special Terms and Conditions attached hereto. Failure to do so is a material breach of the Grant Agreement and grounds for immediate termination of this Agreement. (C.) The Grantee warrants that the Grantee and its subcontractors, if any, shall obtain and maintain all required permits, licenses and approvals, as well as comply with all federal, state and local health, safety and environmental statutes, rules or regulations in the performance of work activities. Failure to do so is a material breach of the Grant Agreement and grounds for immediate termination of the Grant Agreement. (C.) The Grantee hereby affirms that it is properly registered and owes no outstanding reports with the Indiana Secretary of State and that it is in good standing with the Indiana Department of Revenue and the U.S. Internal Revenue Service. Grantee also affirms that (1) there are not outstanding enforcement actions against it by agencies of the State of Indiana or the Federal government, and (2) there are no significant workforce issues pending against the Grantee. The below named signatory(ies) hereby warrant that they are authorized to make such affirmations on behalf of the Grantee to the Grantor. (D.) Grantee agrees that the Grantor may confirm, at any time, that no liabilities exist to the Grantor, the State of Indiana or the Federal government, and, if such liabilities are discovered, that Grantor may bar Grantee from contracting with the Grantor in the future, cancel existing contracts, withhold payments to setoff such obligations, and withhold further payments or purchases until the entity is current in its payments on any such liability and has submitted proof of such payment to the Grantor. (E.) The Grantee agrees that, to the extent required by law, all equipment and products purchased with the Grant Funds shall be American-made. 6 11. FUNDING CANCELLATION CLAUSE: When the Grantor's Controller makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Agreement, this Agreement shall be canceled. A determination by the Controller that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. 12. NONDISCRIMINATION: Grantee agrees to comply with all applicable provisions of Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. 93-438), Title IX of the Education Amendments of 1972, as amended, (Pub. L. 92-318, Pub. L. 93-568, and Pub. L. 94-482), Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), the Age Discrimination Act of 1975 (Pub. L. 94-135), Title VIII of the Civil Rights Act of 1968 (Pub. L.90-284), the Department of Energy Organization Act of 1977 (Pub. L. 95-91), the Energy Conservation and Production Act of 1976, as amended, (Pub. L. 94-385) and Title 10, Code of Federal Regulations, Part 1040. In accordance with the above laws and regulations issued pursuant thereto, Grantee agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in which Grantee receives Federal assistance from the Department of Energy. Grantee and its Sub-Grantees shall not discriminate against any employee or applicant for employment related to this Agreement with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the race, color, religion, sex, age disability, national origin or ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of contract. Acceptance of this Agreement also signifies compliance with applicable federal and state laws and regulations prohibiting the aforementioned discrimination in the provision of services. 13. NOTICE TO PARTIES: Whenever any notice, statement or other communication is required under this Agreement, it shall be sent to the following address, unless otherwise specifically advised, (A.) Notices to the GRANTOR shall be sent to: SOUTH BEND REDEVELOPMENT COMMISSION 227 West Jefferson, Ste. 1200 South Bend, Indiana 46601 Attention: Director, Donald Inks with a copy to: CITY OF SOUTH BEND, DEPARTMENT OF LAW 227 West Jefferson, Ste. 1400 South Bend, Indiana 46601 7 Attention: City Attorney (B.) Notices to the GRANTEE shall be sent to: UNIVERSITY OF NOTRE DAME DU LAC Office of General Counsel 203 Main Building Notre Dame, IN 46556 (C.) Copies of the fore~oin~ Notices shall be sent by the entity wing the Notice to~ Edward Gallagher PSS /Chicago Office U.S. Department of Energy 9800 South Cass Avenue Argonne, IL 60439 Notices, statements or other communications shall be deemed delivered when received. 14. ORDER OF PRECEDENCE: Any inconsistency or ambiguity in the Grant Agreement shall be resolved by giving precedence in the following order: (1) the DOE Grant (including its exhibits), (2) this Sub-grant Agreement (including its exhibits) and (3) the Grant Application. 15. TERMINATION OF GRANT AGREEMENT: This Agreement may be terminated with or without cause by the Grantee or the Grantor before its Expiration Date by sending the Grantee or the Grantor written notice via certified mail, return receipt requested, at least thirty (30) days prior to the date of termination. Upon receipt of a termination notice from the Grantor to the Grantee, no new or additional liabilities payable by the Grantor shall be incurred without the prior written approval of the Grantor. The Grantee shall continue to be responsible and liable for the proper performance of its obligations to the date of termination. In the event of such termination by either party, DOE may perform an on-site visit to review all Project expenditures and complete a report, as described in Paragraph 4 of this Agreement, with respect to the Grantee's proper expenditure of all grant funds and private matching funds through the date of termination. 16. ASSIGNMENT: This Agreement binds the Grantee's successors and assignees to all terms and conditions of this Agreement. Grantee shall not assign, sub-grant or subcontract the whole or any part of the Project unless it was specifically identified in the original Proposal or has been approved in writing by the Grantor, it being understood that Grantee may assign theis Agreement or parts of it to IPND. This Agreement shall bind the Grantor's successors and assignees to all terms and conditions of this Agreement. Grantor may assign Grantor's rights under this Sub-grant Agreement to DOE without notice to or obtaining the consent of Grantee, and the Grantee hereby accepts any such assignment by the Grantor without further notice. 17. HOLD HARMLESS: Grantee shall indemnify, defend and hold harmless the Grantor and DOE and their respective agents, officers, employees and representatives from all claims and suits for loss or damage to property, including the loss of use thereof, and injuries to or death of persons, including without limitation any officers, agents, employees and representatives of Grantee or its sub-grantees or subcontractors, and from all judgments recovered therefor and for expenses in defending any such claims or suits, including court costs, attorneys' fees, and for any other expenses caused by an act or omission of Grantee and/or its sub-grantees, subcontractors, agents, officers or employees in connection with the performance of this Agreement. Neither the Grantor nor DOE shall provide such indemnification to Grantee. 18. DEBARMENT AND SUSPENSION: Grantee certifies, by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from entering into this Agreement by any federal agency or department, the Grantor, or agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement is defined as an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of Grantee. 19. PENALTIES; INTEREST; ATTORNEY'S FEES: The Grantor will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest or attorney's fees, except as authorized by Indiana law, in part, if applicable, Indiana Code § 5-17-5, Indiana Code § 34-54-8, and Indiana Code § 34-13-1. Notwithstanding the provisions contained in Indiana Code § 5-17-5, the parties hereto stipulate and agree that any liability resulting from any failure of the Grantor to make payments as required hereunder shall be based solely on the amount of funding originating from the Grantor or DOE and shall not be based on funding any other sources. The Grantee shall have no claim against DOE for any payment withheld from the Grantee by the Grantor, for whatever reason. 20. MISCELLANEOUS: (A.) The headings in this Agreement are intended solely for convenience or reference and will be given no effect in the construction or interpretation of this Agreement. (B.) This Agreement, including any attached exhibits, supersedes all prior oral and written proposals and communications, if any, and sets forth the entire Agreement of the parties with respect to the subject matter hereof and may not be altered or amended except in writing, signed by an authorized representative of each party hereto. 9 (C.) The construction and enforcement of this Agreement will be governed by the laws of the State of Indiana, without regard to principles of choice of law and the venue for any court action shall be the circuit or superior court of St. Joseph County, Indiana or the United States District Court of the Northern District of Indiana and the Grantee hereby consents to the personal jurisdiction of said courts. (D.) No waiver of any default, failure to perform, condition, provision or breach of this Agreement will be deemed to imply or constitute a waiver of any other like default, failure to perform, condition, provision or breach of this Agreement. (E.) If any paragraph, term, condition or provision of this Agreement will be found by a court of competent jurisdiction to be invalid or unenforceable, or if any paragraph, term, condition or provision is found to violate or contravene the laws of the State of Indiana, then the paragraph, term, condition or provision so found will be deemed severed from this Agreement, but all other paragraphs, terms, conditions and provisions will remain in full force and effect. (F.) The parties to the Agreement, in the performance of this Agreement, will be acting in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of any other party for any purposes whatsoever. No party will assume any liability for any injury (including death) to any persons, or any damage to any property arising out of the acts or omissions of the agents, employees or subagents of any other party, except as specifically provided herein. (G.) Grantee shall be responsible for providing all necessary unemployment and workers' compensation insurance for Grantee's employees. (H.) Unless otherwise terminated or modified as expressly permitted hereunder, this Agreement will remain in force during the Term stated in Paragraph 2. Notwithstanding anything contained herein to the contrary, provisions of this Agreement, which by their nature contemplate rights and obligations of the parties to be enjoyed or performed after the expiration or termination of this Agreement, will survive until their purposes are fulfilled. 21. REPRESENTATIONS CONCERNING APPLICATION: The Grantee represents and warrants that the representations, statements and all other matters contained in the application submitted by the Grantee to DOE are true and complete in all material respects. It shall be considered a material breach of this Agreement if such representations, statements and other matters were not true and complete at the time the application was made. 22. AUTHORITY TO COMMIT TO SUB-GRANT AGREEMENT: Notwithstanding anything in this Agreement to the contrary, the signatory for the Grantee represents that he/she has been duly authorized to execute contracts on behalf of the 10 Grantee and has obtained all necessary or applicable approvals from the office of the Grantee to make this Agreement fully binding upon the Grantee when his/her signature is affixed, and this Agreement is not subject to further acceptance by Grantee when executed by the signatory for the Grantee. 23. NON-COLLUSION AND ACCEPTANCE: The undersigned attests, subject to the penalties for perjury, (i) that he/she is the contracting party, or that he/she is the duly authorized representative, agent, member or officer of the contracting party; (ii) that he/she has not, nor has any other member, employee, representative, agent or officer of the firm, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and (iii) that he/she has not received or paid any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of the Agreement. (Remainder of page intentionally left blank) 11 In Witness Whereof, Grantee and the Grantor have, through duly authorized representatives, entered into this Agreement. The parties, having read and understood the foregoing terms of the Agreement, do, by their respective signatures, hereby agree to the terms thereof. UNIVERSITY OF NOTRE DAME DU LAC BY: ignature John A. Sejdinaj, Vice President for Finance Printed Name and "title DATE: , 2009 CITY OF SOUTH BEND, INDIANA BY: CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ignahrre rime Name an Tit e South Bend Redevelopment Commission ATTEST: ignature Prince Narne an Tit e South Bend Redevelopment Commission DATE: , 2009 12