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Community & Economic Development ~~~,
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 2709 - 748 Hawbaker Street (Counter Offer)
Date: July 30, 2010
Attached to this memorandum is Resolution 2709 which would set the counter-offer
acquisition value for 748 Hawbaker Street. The property is located at the corner of
Hawbaker and High and was added to the acquisition list for the South Side Development
Area as there is value in the property for future infrastructure improvements in the Erskine
Plaza area. A map of the parcel is attached.
Resolution 2691 set the appraised value for the property at $32,000. The property consists
of one unoccupied house and property. Staff has worked with the property owner over the
last several months to come to a final value for the parcel and the final counter offer value
that both parties generally could agree on was $50,000.00.
In the next couple of weeks, the City will put out to bid the Erskine Plaza Pond Project
which will rehabilitate and rebuild the stormwater network on the south side. The
acquisition of this parcel will allow for a staging area and coordination site for that project.
Staff requests approval of Resolution 2709 to set the counter-offer acquisition price for this
property and allow for staff to move forward with this acquisition.
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RESOLUTION N0.2709
RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER
FOR THE ACQUISITION OF PROPERTY IN THE
SOUTH SIDE DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36-7-14, et seq. and
in furtherance of the South Side Development Area Development Plan (the "Plan"), the
South Bend Redevelopment Commission (the "Commission'') has determined that it is
necessary to acquire unencumbered fee simple interest in certain property located within
the area heretofore designated as the South Side 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 (the "Property"); and
WHEREAS, on June 4, 2010, the Commission adopted a Resolution setting the
Acquisition Offering Price and authorizing staff to present an offer to Afifeh A. Bullard
by Shabib Fakhouri, Power of Attorney, as owners of the Property (the ``Owner") in an
amount not to exceed the Acquisition Offering Price along with the payment of expenses
incidental to the conveyance and determination of the title of the Property; and
WHEREAS, the staff has presented the Owner an offer in the amount of the
Acquisition Offering Price as authorized, which the Owner rejected; and
WHEREAS, the Owner has provided a counteroffer to the Commission for
$50,000.00, plus all moving expenses related to the acquisition; and
WHEREAS, the staff has reviewed the counteroffer and determined that the
counteroffer is reasonable in light of the appraisal amount, conditions in the area, and the
amount of announced development in the immediate area; and
WHEREAS, the Commission has completed its acquisition procedures for the
Property and sufficient funds are available for the purchase of the Property;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission that:
1. The Commission hereby finds that the consideration set forth in the
Purchase Agreement is reasonable considering the circumstances and that it is in the best
interest of the citizens of the City and the South Bend Redevelopment District and
consistent with the purposes and requirements set forth in Indiana Code § 36-7-14 to
accept the counteroffer evidenced in the Purchase Agreement.
2. The Commission hereby approves and accepts the Purchase Agreement
and authorizes the President and the Secretary to execute and attest, respectively, the
Purchase Agreement with such changes in form or in substance as they deem to be
necessary or appropriate to complete the transfer, with such approval to be conclusively
evidenced by such execution and attestation, respectively. The President and/or
Secretary are each authorized to execute and deliver any other documentation necessary
to complete the acquisition of the Property. Legal counsel for the Commission is further
authorized to close the transaction on behalf of the Commission and execute any
incidental closing documents necessary to complete the transaction.
3. The Secretary of the Commission is instructed to place a copy of the
Purchase Agreement presented to the Commission with this Resolution in the records and
minutes of this meeting.
4. Commission staff 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 August 6, 2010, at 1308 County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
i~nahrre
rime ame an Tit e
South Bend Redevelopment Commission
ATTEST:
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Prime Name an Tit e
South Bend Redevelopment Commission
EXHIBIT A
PROPERTY DESCRIPTION AND FINAL PURCHASE PRICE
Final
Tax Key No. Address Owner
Purchase Price
23-1035-1798 748 Hawbaker Street Afifeh A. Bullard $50,000.00
by Shabib Fakhouri,
Power of Attorney