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1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021
To: Redevelopment Commission
From: Bill Schalliol, Economic Development Planner
Subject: Resolution 2712, Setting Acquisition Value for 1313 Prairie Avenue
Resolution 2713, Counter Offer for 1313 Prairie Avenue
Date: July 20, 2010
Attached is Resolution 2712 and 2713 which set an acquisition value and counter offer
value for the acquisition of property located at 1313 Prairie Avenue within the Airport
Economic Development Area. The subject property was added to the Airport Economic
Development Area Acquisition List by Resolution No. 2668 on May 21, 2010.
Resolution 2712
The proposed acquisition property is located at 1313 Prairie Avenue immediately west of
the main Ignition Park campus. The property is commercial-industrial in nature and has- one
single story building and afenced-in parking and storage yard. Earlier this year, the
property, which was for sale on the open market, was proposed to be sold to Bestway
Towing to be used as a towing storage yard. Staff and others related to the Ignition Park
project felt this proposed use was incompatible adjacent to Ignition Park and worked to find
a new home for Bestway Towing (recently approved to locate at the former Christman
Construction site on Fellows Street. By inserting ourselves into the middle of a pending
sale process, the staff began the predevelopment steps for acquisition of this parcel to
prevent this type of use from entering the site in the future.
The staff obtained two independent appraisals for the property and the average of the two is
One Hundred Eighty-Nine Thousand ($189,000.00) Dollars. Staff would request approval
of Resolution 2712 to set the acquisition value for this property.
Resolution 2713
As a result of the timing of the purchase process requiring the owner to have additional
holding costs, and other costs related to the sale process, in addition to having a higher
proposed sale price with Bestway, the property owner submitted an itemized counter offer
of Two Hundred and Four Thousand ($204,000.00) Dollars. Because of the condition of
this building for future reuse (no demolition of the site planned), and because of the ability
that this acquisition would provide the Commission on buffering the park on its western
boundary, staff would request favorable approval of the counter offer value and Resolution
2713.
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RESOLUTION N0.2712
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36-7-14, et seq. and
in furtherance of the Airport Economic Development Area Plan ("Plan"), the South Bend
Redevelopment Commission ("Commission") has determined that it is necessary to
acquire unencumbered fee simple interest in certain property located within the area
heretofore designated as the Airport Economic Development Area (the "Area") within
the City of South Bend, Indiana (the "City"), which property is more particularly
described at Exhibit A attached hereto and incorporated herein ("Property"); and
WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668
amending the Plan and adding the Property to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Property have been. obtained
in accordance with Indiana Code § 36-7-14-19(b), which provide an offering price of
$189,000.00 (the "Offering Price"); and
WHEREAS, the Commission now desires to .authorize its authorized agents,
hired for such purposes, or the staff of the Commission to provide and negotiate an offer
for the Purchase of the Property in accordance with Indiana Code § 36-7-14-19, which
may include relocation costs and the Commission's payment of expenses incidental to the
conveyance and determination of the title of the Property; and
WHEREAS, the Commission finds that all procedures necessary for
authorizing and acquiring the Property have been completed in accordance with Indiana
law;
NOW, THEREFORE, BE IT RESOLVED by the South Bend
Redevelopment Commission that:
1. Authorized agents of the Commission and the staff of the Commission are
hereby authorized and directed to cause a purchase offer- to be made in writing to the
owner(s) of the Property as described at Exhibit A at the Offering Price (the "Average
Acquisition Price" in Exhibit A) in accordance with Indiana Code § 36-7-14-19, which
offer or process may include relocation costs and the payment of expenses incidental to
the conveyance and determination of the title of the Property.
2. The Commission's agents and attorneys are hereby authorized and
directed to negotiate and prepare documentation necessary to accomplish the acquisition
of the Property in accordance with this Resolution and in a form acceptable to legal
counsel.
3. The Commission hereby ratifies any actions of its staff or legal counsel
previously taken consistent with. the authority provided in Section 1 or 2 hereof.
Notwithstanding the foregoing, no representations, contract or understanding relative to
the purchase of the Property, whether made by a Commissioner, employee or other agent
or official, is binding against the Commission until approved and accepted by the
Commission in writing. The Commission hereby accepts, in advance, any purchase of
the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32-24-1-
5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform
Acquisition Offer, which may include the payment of expenses incidental to the
conveyance and determination of title).
4. Commission members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on July 23, 2010, at 1308 County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
ignature
rinse Name an Tit e
South Bend Redevelopment Commission
ATTEST:
ignature
Printe ame an it e
South Bend Redevelopment Commission
EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Average
Tax Key No. Address Owner
Acquisition Price
18-8021-0847.01 1313 Prairie Avenue JVH, Inc. $189,000.00
18-8021-0847.08