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HomeMy WebLinkAbout6J(1)1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAX 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TO: DON INKS DIRECTOR of REDEVELOPM ITT FROM: PAM MEYER DIRECTOR of COMMUNITY EVELOPMENT RE: Amendment to RC Agreement with NNN for Facade Matching Grant Program - 632 Portage Avenue DATE: 10/27/2010 This is to serve as an explanation about the attached amendment to be considered at the Nov. 2, 2010 Redevelopment Commission meeting. CD has been working with the NNN and owners of the 632 Portage Avenue property damaged by a recent fire. The building is a prime location on the Portage Corridor and the building has been, and is even more so in its present condition, negatively affecting the neighborhood. The agreement is for the NNN to purchase, demolish, and do minimal landscaping - returning the land to the City as green space. A purchase agreement has been signed. The owner has received a Certificate of Appropriateness for demolition from the HPC. The owner agreed to a $1500 allocation towards landscaping as well. The HPC hearing was attended by 25+ neighborhood residents all speaking in favor of the demolition. The amendment will allow the activities of acquisition, demolition, pre - development, and landscaping, thus allowing the balance of the funds remaining for Portage ($23, 512) to be used on this property. Anticipated closing date: November 30 or before Anticipated demolition date: December 30 or before ( given appropriate weather conditions) COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAN'IELA C. MEYER DONALD E. INKS 574/235 -9660 5741235 -9371 FAx: 574/235 -9697 FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235 -9371 i> Near Northwest Neighborhood >�q I N C O R P O R A T E D Intent to Purchase Agreement This agreement is entered into this 22nd day of October 2010, by and between Pamela A. and Gary Salustro (hereinafter referred to as "Seller ") and Near Northwest Neighborhood, Inc., an Indiana not - for - profit corporation, (hereinafter referred to as "Buyer). The parties mutually agree as follows: The seller agrees to sell land the Buyer agrees to buy the real estate located in the City of South Bend, St. Joseph County, Indiana, legally described as follows: Key Number 18- 1054 -2283 Lot 8 771/2 Ft Sely End Ex 12 Ft Sely End Fassnacht Sub Commonly known as 632 Portage Avenue, South Bend, Indiana 2. The Buyer agrees to pay the Seller the sum of $15,000 at the time of closing of this transaction, no later than November 30, 2010. Buyer shall pay to Seller at the time of execution of this agreement an earnest money deposit of $500, receipt of which is acknowledged by Seller. Total amount paid by Buyer to Seller shall not exceed $15,000 for purchase of above named property. 3. The purchase price stated in this agreement includes all improvements permanently installed and affixed on the premises and includes all fixtures to the property. 4. Real estate taxes shall be prorated based on the latest official tax rates and credits. The Seller shall pay for any outstanding taxes and assessments. Seller agrees to pay any current 2010 taxes due at time of closing. Seller shall also be responsible for paying any outstanding or past due taxes, liens, or debts that are associated with the above named property. 5. Seller agrees to execute and deliver to the Buyer a general warranty deed conveying the real estate free and clear of all liens and encumbrances, except as stated in this purchase agreement, and subject to all covenants, restrictions, easements and zoning ordinances of record. Within a reasonable time, prior to the delivery of the deed, the Seller will furnish an Owner's Title Insurance Commitment equal to the purchase price insuring 1007 Merchantable title. Should additional time be required for making or PORTAGE AVE. continuing of such title policy or for correcting defects of title, a reasonable SOUTH BEND time shall be given. INDIANA , 46616 / Seller's Initials Buyer's Initials P.O. Box 1132 SOUTH BEND INDIANA 46624 TEL. 574- 232 -9182 Page 1 of 2 FAx 574- 232 -1171 Intent to Purchase Agreement October 22, 2010 6. The Purchaser and Seller authorize the ordering of all documents necessary for the closing of this transaction and accept respective responsibilities for the payment of all charges incurred. Any costs for or on behalf of the Purchaser or Seller shall be paid by the Purchaser or Seller, respectfully, at closing or upon termination of this Contract. The processing fee charged by Title Company to be paid by Seller and the closing fee charged by Title Company to be paid by Purchaser, unless otherwise agreed in writing. 7. The parties agree that the sale of such real estate is "as is ". Property shall be vacant at time of closing and have no executed outstanding leases at the point of this agreement. 8. The parties agree that this document contains the entire agreement between the parties and that no oral agreement of any kind shall be binding upon them. This agreement is binding upon the parties hereto, personal representatives, successors and assigns. 9. Contract to Purchase agreement is contingent upon receipt of grant funding and board approval. 10. Seller agrees to pay at closing $1,500 towards the landscaping cost as part of the conditions outlined in Historic Preservation Commission's Certificate of Demolition. SELLER: BUYER: By:��� �" C Near Northwest Neighborhoot Karen C. Ainsley, Executive Page 2 of 2 State of Indiana, County of St. Joseph Before me, a Notary Public in and said County and State, personally appeared Pamela A. Salustro and Gary Salustro, the sellers of 632 Portage Avenue, South Bend, IN, and Karen C. Ainsley, the Executive Director of Near Northwest Neighborhood, Inc. on October 22, 2010. I witnessed their signatures as they signed the Intent to Purchase Agreement, and verified their signatures by their Indiana Drivers' licenses. qJeer H. ull)nger, Notary My Commission expires 2/1/2016 CERTIFICATE OF APPROPRIATENESS Tim Klusczinski, President The Historic Preservation Commission of South Bend and St. Joseph County has reviewed the proposed work: Demolish building. Clean site and landscape with budget of $1, 500.00; and maintain landscaping. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUN'T'Y Phone: (574)235 -9795 FAX: (574)235-9575 E -mail: SBSJCHPC@co.st-joseph.in.us CATHERINE D. HOSTETLER, Director TBD, Contractor for the following location: 632PORTAGE South Bend, IN 46616 Chapin Park Application No. 2010 -1004A in the County of St. Joseph; State of Indiana; which is: © Located in a Local Historic ❑ A Local Historic Landmark and found this application to be appropriate according to the Standards pertaining to Local Historic Landmarks and /or Local Historic Districts. Regulations pertaining to the Historic Preservation Commission are found in Chapter 21 (Zoning), South Bend Municipal Code and Chapter 26 of the St. Joseph County Code. The issuance of this permit does NOT in any manner, release the recipient from the responsibility of complying with the requirements of the zoning ordinances, building codes, safety codes, ADA or other requirements of the City of South Bend, the County of St. Joseph, the State of Indiana, or the United States Federal Government. This permit is good for one year from the date of issuance and is effective from the date entered herein. Plans are on file and open for public inspection at the office of the Historic Preservation Commission of South Bend and St. Joseph County, 125 S. Lafayette Blvd. (mailing address: 227 West Jefferson Blvd.), South Bend, Indiana, during normal business hours. THIS PERMIT IS NOT TRANSFERABLE NAME OF APPLICANT: Pamela & Gary Salustro DATE PERMIT TAKES FORCE: PERMIT ISSUED BY: Catherine D. Hostetler Director io /t8/2oio POST IN A CONSPICUOUS PLACE ON THE STREET SIDE OF THE PROJECT UNTIL COMPLETION OF ALL WORK. ADDENDUM TO AGREEMENT FOR PROGRAMS AND SERVICES WITH NEAR NORTHWEST NEIGHBORHOOD, INC. (FACADE MATCHING GRANT PROGRAM) (PORTAGE AVENUE) THIS ADDENDUM (this "Addendum ") is made and entered into this day of , 2010, by and between the CITY OF SOUTH BEND, INDIANA, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through the South Bend Redevelopment Commission, the governing body of the City's Department of Redevelopment (collectively the "City ") and NEAR NORTHWEST NEIGHBORHOOD, INC. (the "Organization "). RECITALS WHEREAS, the City and the Organization have entered into an agreement entitled "Agreement For Programs And Services With Near Northwest Neighborhood, Inc. (Fagade Matching Grant Program)(Portage Avenue)" dated the 17th day of August, 2007, and amended by addendum (collectively the "Agreement ") providing for the Fagade Matching Grant Program (the "Program "); and WHEREAS, the Agreement recognizes that the City's commercial corridors act as gateways to the City and that improving the aesthetic appeal of the City's commercial corridors will encourage not only additional investment in the City's commercial corridors but in their surrounding neighborhoods and in the City more generally; and WHEREAS, the Organization 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- 14-- 12.2(a)(26)(B) to enter into the Agreement and this Addendum; and WHEREAS, pursuant to the Agreement, the Commission allocated for the Program, under the terms of the Agreement, certain sums (the "Contract Amount ") as a portion of the share allocated to the Corridor; and WHEREAS, a portion of the Contract Amount was not spent during the terns 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 Organization further represents that it has taken all corporate action necessary to enter into this Addendum; and WHEREAS, the City believes that the actions contemplated by this Addendum are in the best interests of the health, safety and welfare of the City and its residents and that those actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, the parties mutually agree as follows: 1. Section 1 (Contract Amount and Term) of the Agreement between the parties is modified to read in its entirety as follows: The Organization shall provide the programs and services set forth at Exhibit A (the "Program ") on behalf of the City, for the Contract Amount for the period commencing January 1, 2007 and ending December 31, 2011. 2. Exhibit A of the Agreement between the parties is modified to read in its entirety as follows: The Organization shall provide the following services and programs: (1) Acquisition, Demolition, Pre - development, Landscaping and Holding Costs for 632 Portage Avenue, South Bend, Indiana (2) Facade Matching Grant Program- — Establish a program designed to encourage private investment by commercial, industrial, and mixed use property owners or lessees on the Corridor. Commercial property includes property used primarily for for - profit, nonprofit, or religious activities. The program goal is to promote exterior improvements that enhance the appearance, value and character of the property. The program is not intended to support deferred maintenance. Lessees must provide written proof that the property owner has authorized the proposed improvements. The program shall require: (1) A maximum of one grant per property address per year. (2) A matching public investment not to exceed sixty percent (60 %) of the total project cost. The maximum grant shall not exceed twenty thousand dollars ($20,000). (3) Projects that create a noticeable visual improvement to the Corridor and are consistent with the revitalization action plan for the Corridor approved by the Contract Administrator. (4) To be eligible, the subject property must have proper insurance and be on current property taxes. (5) A minimum of two (2) estimates from licensed contractors detailing the scope of work with itemized prices must be obtained before a project is approved. An applicant or his/her relative may not provide an estimate for his/her own project. (6) Before any work is commenced, any required building or sign permits for the grant project must be obtained for an applicant to continue to be eligible for the program. (7) Each contractor employed by the applicant for an approved project must submit a certificate of liability insurance prior to any disbursement of funds. (8) Specific program guidelines must be established, which clearly establish the grant process and schedule. (9) No funds may be disbursed for a grant unless pursuant to a written contract which provided for default conditions consistent with the program guidelines and clearly establishes remedies for instances of default. (10) To be eligible, an applicant must agree to hold the City of South Bend, Indiana, the City of South Bend, Department of Redevelopment and the South Bend Redevelopment Commission (collectively, the "City ") harmless and to indemnify the City for any damages or costs related to any claim, suit or demand related to any action occurring as a result of the applicant's application or participation in the Program. Under the program, the following shall be ineligible improvements or costs: (1) Improvements in progress or completed prior to the grant award (2) Interior improvements (3) Residential building improvements (4) Removal or enclosure of architecturally important features (5) Window or door bars or security gates (6) Demolition of structures (7) Alterations that decrease the accessibility for people with disabilities (8) Refinancing of existing debt (9) Property acquisition (10) Environmental consulting or hazardous materials testing services or abatement or clean -up costs. Exhibit C of the Agreement between the parties is modified to read in its entirety as follows: EXHIBIT C Program Budget Fagade Matching Grant funds $20,000.00 Acq /Demo /Pre -Dev /Landscaping funds $23,512.00 Administrative Fee $ 4,350.00 (Remainder of page intentionally 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. CITY OF SOUTH BEND, INDIANA, NEAR NORTHWEST DEPARTMENT OF REDEVELOPMENT NEIGHBORHOOD, INC. Date: Signature Printed Name and .iit c 2010 South Bend Redevelopment Commission Printed Name and Title South Bend Redevelopment Commission Date: 06� . Z-3 , 2010 ignature t; le Printed Name and Yffle Signature Printed Name and litte