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HomeMy WebLinkAboutNo. 1892 related to acquisition of property in the SEDA by eminent domain (Richard & Gladys Dylewski)RESOLUTION NO. 1892 RESOLUTION RELATED TO ACQUISITION OF PROPERTY IN THE SAMPLE -EWING DEVELOPMENT AREA BY EMINENT DOMAIN. WHEREAS, it is deemed necessary by the South Bend Redevelopment Commission, in furtherance of the Sample -Ewing Development Area Development Plan, to acquire unencumbered fee title to the real estate identified on attachment "A" in the Sample -Ewing Development Area in the City of South Bend, Indiana. follows: NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission, as The Executive Director is authorized and directed to cause a notice and final offer in writing to be made to the owner(s) identified on Attachment "A" at the respective concurred -on price, which final offer shall include an invitation to discuss the acquisition of owner's property with the Department of Redevelopment within thirty (30) days from mailing and notification that eminent domain proceedings will be instituted immediately after said thirty (30) day period if agreement is not reached on the purchase price. 2. In the event an agreement cannot be reached on the purchase price of the property within thirty (30) days after notice of final offer, the Commission hereby determines that it is co necessary to proceed to acquire the above - described parcels of real estate under the power of eminent domain in order to carry out the Sample -Ewing Development Area Development Plan and that the use for which the real estate is to be acquired is for the public benefit. The Commission's attorney is authorized and directed to file a complaint, after the thirty (30) day period described herein, in the name of the City of South Bend, Indiana, on behalf of the Department of Redevelopment in the appropriate court of St. Joseph County, Indiana, in order that appraisers be appointed to establish the value of said real estate, and all other necessary and proper actions be taken to accomplish the taking by eminent domain pursuant to law. Adopted at the Regular Meeting of the South Bend Redevelopment Commission held on June 7, 2002, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Marcia Jones, Vice sident ATTEST: Phil Faccenda tj e a ATTACHMENT "A" RESOLUTION NO. 1892 Tax Key No. Owner 18- 7018 -0731 Richard & Gladys Dylewski $25,250.00 ULI -The Urban Land Institute Advisory Services Agreement This Agreement constitutes a binding contract between the City of South Bend, Indiana (Sponsor) and ULI -the Urban Land Institute (Institute). As part of its purpose, the Institute maintains an Advisory Services Department for the purpose of benefiting the general public through improved planning and utilization of urban land. The Sponsor wishes to obtain advice and recommendations from the Institute regarding redevelopment options for the Century Center area. Pursuant to this Agreement, the Institute agrees: 1. To provide a panel composed of members of the Institute and others who collectively have a varied and broad experience and knowledge applicable to the particular problems to be considered. 2. To arrange for the panel members to visit the locations upon which its recommendations are sought for a period of not less than three days, starting on June 26, 2002. During that time the panel, directly and through its staff, will study the designated area; consult with public and private officials, representatives of other relevant organizations, and other individuals familiar with the problems involved; and prepare its conclusions and recommendations which will be presented to the Sponsor and its invited guests in oral form at the close of the on -site assignment. 3. To provide the Sponsor with a written summary of its conclusions and recommendations. The sponsor will be provided 10 copies of the report and one original. 4. To absorb the travel and living expenses of its panel and staff while on site. ULI Advisory Services Agreement Page 2 The Sponsor agrees, at its expense: 1. To furnish the Managing Director of Advisory Services at ULI in not less than 10 days in advance of the panel meeting, such pertinent background data in the form of reports, plans, charts, etc., as may be presently available or readily developed for the preliminary study of the panel, prior to its inspection on site. Six copies are to be provided. 2. To arrange, insofar as possible, to have appropriate persons, including public and private officials, representatives of the relevant organizations, and others, available for the purpose of consulting with and furnishing information to the panel on specific r matters relevant to the assignment as may be necessary and advisable during the period of the panel's visit. 3. In return for the advice and recommendations of the Institute, to pay the Institute the total sum of $40,000. The first installation of $20,000 will be paid upon signing of this agreement. The second installment of $15,000 will be paid upon delivery of the draft report. The third and final payment of $5,000 will be paid when the Sponsor receives the final report. In the event the Sponsor cancels the panel assignment, the Ll initial payment is non - refundable and expenses incurred by the Sponsor becomes the responsibility of that parry. It is understood that the fee paid by the Sponsor to the Institute is to be used to cover the costs of the panel assignment and to support and encourage the Institute's scientific and educational programs. The Sponsor may make such use of the report as they may deem desirable. It is further understood that the Institute may make such use of the report prepared of the panel's findings and recommendations as it may deem desirable, and the Sponsor herewith specifically agrees that the Institute may publish and disseminate such report or any part thereof in conjunction with its research and educational programs. ULI shall not be responsible for damages of any kind arising from the performance of services under this agreement, unless such damages arise from gross neglect on the part of ULI. ULI's aggregate liability for damages of any nature shall be limited to the amount of the fee under this agreement. Sponsor ULI -the Urban Land Institute Namelritle Rachelle Levitt, Sr. Vice President Mayor, South Bend Policy and Practice Stephen J. Luecke Signature Signature ay 30. Date Advisory Date Mary Beth Corrigan, Managing Director, Services � 1 Date