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Home My WebLink About6D 8�'0(0 me mot-and u m 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, Board of Public Work From: Bill Schalliol, Economic Development Planner Subject: Resolution 2891 and Addendum To Master Agency Agreement Adams Road Estates Land Purchase Date: June 8, 2011 Attached to this memorandum is Resolution 2891 and Addendum To Master Agency Agreement for the Adams Road Estates Land Purchase. Attached to the Addendum is a copy of the purchase agreement for the property which is dated May 23, 2011. The property is being acquired to provide right -of -way for a future roadway extension of Olive Road from Brick Road to Adams Road. The acquisition parcel is 100' wide and roughly 2700' in length. The total purchase price for the acquisition is $271,073.50 including all closing costs. Staff requests approval of Resolution 2891 and the Addendum To Master Agency Agreement for the Adams Road Estates Land Purchase. What We Do Today Makes A Difference! I B �8 IbDLZ OPTION NO. OLIVE ROAD CORRIDOR - BRICK ROAD TO ADAMS ROAD 2 RESOLUTION NO. 2891 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Adams Road Estates Land Purchase) 2891 -11 WHEREAS, effective January 1, 2011, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Adams Road Estates Land Purchase to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Adams Road Estates Land Purchase) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. 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 meeting of the South Bend Redevelopment Commission held on June 14, 2011, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Adams Road Estates Land Purchase) 2891 -11 This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 23rd day of June, 2011, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Adams Road Estates Land Purchase (the "Project "). WHEREAS, effective January 1, 2011, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Adams Road Estates Land Purchase to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk Exhibit "A" ADAMS ROAD ESTATES LAND PURCHASE See Attached Agreement By And Between The City Of South Bend, Indiana Acting By And Through Its Board Of Public Works And Cooreman Real Estate Group, Inc. dated May 23, 2011 1316 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS May 23, 2011 Mr. Steve Cooreman Cooreman Real Estate Group, Inc. 4404 Technology Drive South Bend, Indiana 46628 PHONE 574/ 235 -9251 F., ,x 5 ?4/ 235 -9171 RE: Agreement — Purchase of Property for the Development of Olive Road Extension and Adams Road Estates Dear Mr. Cooreman: The Board of Public Works, at its meeting held on May 23, 2011, approved the above referenced Agreement in the amount of $269,657.00 plus closing costs. Enclosed please find the original of the Agreement for your signature. Please sign and return the original to my attention, and retain a copy for your records. If you have any questions, please contact me at (574) 235 -9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Pam Paluszewski, Legal Department Cheryl Greene, Legal Department GARY A. GILOT, P.E. DONALD E. INKS CARL P. LITTRELL PRESIDENT MEMBER MEMBER AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA Acting By And Through Its BOARD OF PUBLIC WORKS And COOREMAN REAL ESTATE GROUP, INC. (Development of Olive Road Extension and Adams Road Estates) THIS AGREEMENT, made and entered into thisol_'S-day of , 2011, by and between the CITY OF SOUTH BEND, INDIANA, acting by and tbkugh its BOARD OF PUBLIC WORKS and COOREMAN REAL ESTATE GROUP, INC., a for -profit domestic corporation organized under the laws of the State of Indiana having its offices at 4404 Technology Drive, South Bend, Indiana 46628. kW110:13.11 11i:IB WHEREAS, pursuant to Indiana Code and §§ 36- 9 -6 -1, et seq., the City of South Bend Board of Public Works ( "City") may plan and contract for the construction and maintenance of public sewers, and streets, and may purchase any real or personal property need by the City for any public use; and WHEREAS, Cooreman Real Estate Group, Inc. ( "CREG ") is the owner and developer of certain real property commonly known as the "Adams Road Estates" residential subdivision; and WHEREAS, the City intends to construct certain public improvements near or serving Adams Road Estates, and desires to purchase a portion of CREG's real property in order to construct said improvements, and CREG desires to sell its real property to the City under certain terms and conditions; and WHEREAS, the City believes that acquisition and development of the property according to the terms and conditions set forth in this Agreement is in the best interest of the health, safety and welfare of the city and its residents and complies with the public purposes and provisions of the Act and applicable federal, state and local laws under which the development has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, the parties agree as follows: 1. Project Description. The City intends to design and construct a public road providing a connection to Olive Road from Brick road to Adams Road ("Olive Road Extension "). It is anticipated that the Olive Road Extension will be a controlled access roadway with public street intersections, and will abut the western boundary of Adams 3. CREG's Commitments. a. Approved Plat for Adams Road Estate. CREG will complete Adams Road Estates in accordance with the terms and specifications of the subdivision plat that has been approved and recorded, and shall make no changes without prior written approval. h. Acknowledgment of Limited Access to Olive Road. CREG understands and acknowledges that the Olive Road Extension is intended to be a limited access roadway with public street intersections only. No one - user driveways are permitted to be connected to the roadway, excepting that the City will support the granting of one opening along the entire frontage of Olive Road to be located approximately half -way between the entire frontage, or will permit West Maple Way in Westwood Knolls to eventually connect in lieu of said opening, subject to approval by the Area Plan Commission or other entity having authority over such actions. c. Removal of CREG'S Personal Property. On or before Closing, CREG shall have removed, at no expense to the City, all equipment, personal property, and other items of any kind or nature from the Property. 4. Exceptions to Title. a. CREG warrants that it owns fee simple insurable title the Property, subject only to the following exceptions 1. The lien of general real estate taxes not yet due and payable, and 2. Liens or encumbrances of a definite or ascertainable amount and which will be paid and discharged in full by or for the Commission at or prior to the Closing, and Zoning ordinances, and 4. Easements of record, liens, encumbrances, and restrictions of record as shown on the Title Commitment. 5. Remedies Upon Default. If CREG or the City breaches or defaults under any of the terms of this Agreement, the rights of the party not in default shall be limited to the right to recover costs and expenses incurred in the performance of the Agreement to the time of breach, including the right to compel specific performance of this Agreement. This Agreement shall not constitute a waiver of the City's rights to acquire the Property by condemnation pursuant to Indiana law. F: \•. «\Agreement Related to Olive Road Exension FINAL 110517.doc and requirements set forth in this Agreement. Wherever the approvals of CREG or the City are so required, such approvals shall not unreasonably be withheld. 12. Governing Law. This Agreement and the rights of the parties shall be governed by and construed in accordance with the laws of the State of Indiana. 13. Relocation. CREG waives and disclaims any and all right and/or entitlement either he or any entity occupying the Property may have as a result of the City's purchase of the Property. 14. Corporate Authority. The undersigned persons executing and delivering this Agreement on behalf of CREG represent and certify that they are the duly elected officers of CREG and have been fully empowered, by proper resolution of the Board of Directors to execute and deliver this Agreement and that all necessary corporate action has been taken and done. [END OF PAGE] FA*.'1AUeement Related to Olive Road Lxension FINAL 1)0517.doc Exhibit "A" (Adams Road Estates Subdivision) Exhibit "C" {Legal Description of Property to be Purchased) BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/17/2001 Department Legal BPW Date 07/22/2010 (Agenda Session) Phone 5865 Name Pam Paluszewski o Legal ® Attorney Name Cheryl Greene o iq a Controller review is required for all Contracts $5,000.00 or more 5 o E c Controller ® and greater than one year in length per the City Purchasing cr � L m Policy U) Other Appropriate Reviewers ❑ t%L-1, 46.. i*nm TLtnjm _ pan, anorl fnr All SI/hmissions Company or Vendor Name Agreement New Vendor Contract Yes ID Prop Addendum 17CIaim Olive Road Corridor Brick Road to Adams Road Project Number Current Percent of Change: Bid Opening % Bid Award Reg. to Advertise I Lj Title Sheet Quote Opening For acquisition of ROW related to project —.�7 �._6M7,.77.v.1 __.e -, v Quote Award Fj Chg Order No. C/O & PCA No. PCA Ease. /Encroach. Traffic Control El Resolution 170ther: Company or Vendor Name Cooreman Real Estate Group, Inc. New Vendor F. °art= 'Ja1..r11 $ Is Yes ID No If Yes, Approved by Purchasing Project Name Olive Road Corridor Brick Road to Adams Road Project Number Current Percent of Change: Funding Source % Account No. Amount $ $2691657.00 Terms of Contract Purpose /Description For acquisition of ROW related to project —.�7 �._6M7,.77.v.1 __.e -, v Copy < ` {,s- "hamT °Fu, . :; ,w: Increase Decrease F. °art= 'Ja1..r11 $ Is Amount of ❑ ❑ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: PO No. Copy Original ❑ 0 ❑ U'Isper5d1 hILVI Onypiuval . Legal (Pam P.) Y �i I � $ Epp y ?r•r o 9 n y s JT- JU I b E R . I r- fST LINK SATT/ON !f i �L ` E u• anon usawr � ]GLl R ��ie.� Raosru'w. rca.w' 1 •Ir. � I i I T Iii � wumrt y R< > R Z N d 1 R� 0 o (-A-j I r, q M 9R 'S `�+y Rip d3 R to * Z O y s JT- JU I b E R . I r- fST LINK SATT/ON !f i �L ` E u• anon usawr � ]GLl R ��ie.� Raosru'w. rca.w' 1 •Ir. � I i I 'iS env,r r. xpEar Iii � wumrt y R< > R Z N d 1 'iS g0 1 Iii � wumrt y R< > R Z N d 1 'iS g0 1 Iii � wumrt y R< > R Z N d R� 0 o (-A-j I r, q M 9R 'S `�+y Rip d3 R to * Z O Ott, �, 'I R I� laic W CO �I Z = ~]� C X €yz, # "g�� ONE �gk o = 8 1 C - l � y �R~ 02 F � � 4 =q Fb:Y� fii 5 ,F11 �qF ,k r3 P„ Jq�N "o -� I M r✓ f # i g j1 �;Sa g k X'1 r y +;R X4 648 1i p g0 1 { sip if Iq o > AQV R Z N d > 0 o (-A-j I r, q M 9R 'S `�+y Rip d3 R to * Z O Ott, �, 'I R I� laic W CO �I Z = ~]� C X €yz, # "g�� ONE �gk g0 1 { sip if Iq o > AQV R Z N d > 0 o (-A-j I r, q M 9R 'S `�+y Rip d3 R to * Z O S :R SA iR O N d. i = rf Y W CO �I Z = ~]� C X €yz, # "g�� ONE �gk o = 8 1 C - C�J' � y �R~ 02 F � � 4 D — 1111 d Rvas2 RP m N o_ p° R as 11jggs1 %6111 119€ m D r e. �a- g_kast1 $i. -� I RiDLZ, File No.: 11 -18169 EXHIBIT A SCHEDULE A The West One Hundred (100) feet of the West Fraction of the Northwest Quarter of Section 18, Township 38 North, Range 2 East. Chicago Title Insurance Company This Commitment is valid only If Schedule B is attached. Schedule A consists of 2 page(s)