HomeMy WebLinkAboutNo. 2055 adopting certain findings related to property located at 305 E. Colfax St. and approving the temporary use of 305 E. Colfax St. by East Race Fire Arts, LLCr
RESOLUTION NO. 2055
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ADOPTING CERTAIN FINDINGS RELATED TO PROPERTY LOCATED AT
305 EAST COLFAX STREET AND APPROVING THE TEMPORARY USE
OF 305 EAST COLFAX STREET BY EAST RACE FIRE ARTS, LLC
WHEREAS, the South Bend Redevelopment Commission is the owner of certain real
property and improvements located at 305 East Colfax Street ( "Property ") in the South Bend Central
Development Area ( "Area "), said property and improvements being more commonly known as the
former P.A.C. Graphic Building ( "PAC Building "); and
WHEREAS, the Commission acquired the Property in accordance with the South Bend
Central Development Area Development Plan ( "Development Plan ") and intends to demolish the
improvements located on the Property to facilitate future development projects in furtherance of the
Development Plan; and
WHEREAS, the Commission does not anticipate demolition to occur until a undetermined
future date and as such, acknowledges that the Property will remain vacant for an indefinite period
of time which may detract from development of the Area and exacerbate the appearance of decline
in the Area; and
WHEREAS, until such time as the PAC Building is demolished, the Commission believes
that the Property will likely deteriorate and the Commission would be required to expend certain
funds in order to maintain the PAC Building in a condition that is not injurious to the health, safety
and welfare of the general public; and
WHEREAS, East Race Fire Arts ( "ERFA "), a subsidiary of Sculptural Arts, LLC, is an
organization consisting of several artists and ERFA is in need of a facility suitable for use as artists'
studios and for the display of art work; and
WHEREAS, ERFA has requested the temporary use of the Property for its artistic endeavors
and in consideration thereof is willing to undertake clean-up and minor repair of the Property; and
WHEREAS, ERFA has expressed a willingness to donate its artistic services and /or dedicate
artwork to the community in exchange for the temporary use of the Property; and
WHEREAS, the Commission believes that ERFA's use and occupancy of the Property will
ensure that the Property is being maintained in a safe condition pending demolition and may have
(60� the added benefit of bringing renewed interest to the Area as a catalyst for future development.
THE COMMISSION NOW FINDS THAT:
1. The hereinabove described Property is not suitable for commercial leasing because
it would require the Commission to make a significant financial investment in the
Property and such use would be inconsistent with the Commission's plan for
redevelopment of the Property.
2. It is unnecessary to obtain appraisals as to the rental value of the Property because
the Property is not suitable for commercial tenancy in its current condition.
3. The Commission does not anticipate leasing the Property now or in the foreseeable
future and its sole intent for the Property is demolition of the improvements located
thereon in order to facilitate future development projects in the Area in furtherance
of the South Bend Central Development Area Development Plan.
4. The Commission believes that any short or long term lease of the Property would be
inconsistent with its intended use of the Property.
5. The Commission believes that the temporary use of the Property by ERFA will help
to ensure that the Property is suitably maintained until such time as the Commission
proceeds with its intended demolition.
6. The purposes for which ERFA intends to utilize the Property on a temporary basis
may help to spur renewed interest in the Area and thereby facilitate future economic
development of the Area.
7. Permitting the temporary use of the Property by ERFA will provide the Commission
with the maximum flexibility to schedule demolition of the Property in the future.
8. Temporary use of the Property by ERFA will not impede implementation of the
Development Plan and will best serve the interest of the community from the
standpoint of both human and economic welfare.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. In accordance with the terms and conditions expressed herein, the Commission
hereby grants East Race Fire Arts permission to utilize the Property on a temporary
basis for artists' studios and for the display of art work subject to:
a. ERFA's agreement to undertake clean-up and minor repair of the
Property; and
2
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b. ERFA's agreement to assume liability for acts and omissions related
to ERFA's temporary use of the Property which may result in a claim
against the City of South Bend or the Commission and ERFA's
further agreement to indemnify and hold harmless the Commission
for same; and
C. ERFA's agreement to submit a proof of insurance to the Commission
naming the Comlmission as co- insured; and
d. Acknowledgment by ERFA that its use of the Property is temporary
and may be terminated by the Commission upon written notification.
3. Legal counsel is hereby directed and authorized to prepared the necessary
documentation effecting temporary use of the Property by East Race Fire Arts as
described herein
4. The Commission hereby authorizes the President of the Corn mission to execute and
the Vice President or Secretary to attest any and all documents relating and necessary
to effectuate the transaction as described herein upon the advice of legal counsel.
5. This Resolution shall be in full force and effect after its adoption by the South Bend
Redevelopment Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on May 7, 2004 at
1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
By: L�
Its: President
ATTEST:
Its: Sec-retar
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