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HomeMy WebLinkAboutNo. 15-1986 joint resolution of the Board of Directors of the SB Public Transportation Corp. and the SBRC4 RESOLUTION NO. 15-!98" A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Public Transportation Corporation (TRANSPO) and the South Bend Redevelopment Commission (Redevelopment) entered into a contract for sale of land for redevelopment by a public body February 11, 1983, which contract was recorded in the St. .Joseph County Recorder's Office as document 8302353 February 14, 1983; and WHEREAS, Redevelopment conveyed the following described real estate in the City of South Bend, St. Joseph County, Indiana, to TRANSPO by quit -claim deed on March 11, 1983, which deed was accepted by TRANSPO on April 29, 1983: All of Lots Thirty -One (31), Thirty -Two (32), Thirty -Three (33) and Thirty -Four (34) of the original plat of the Town (now City) of South Bend, St. Joseph County, Indiana, except a strip of land 21 feet in width east and west, taken off of and from the entire east end of said lots, together with all that part of a 14 -foot wide alley lying between said Lots Thirty -Three (33) and Thirty -Four (34), more particularly described as follows: Beginning at the southwest corner of Lot Thirty -One (31), thence North on and along the west line of Lots Thirty -One (31), Thirty -Two (32), Thirty -Three (33), and Thirty -Four (34), a distance of 278.60 feet to the northwest corner of lot Thirty -Four (34); thence East on and along the north line of Lot Thirty -Four (34) a distance of 144.73 feet to a point that is 21.0 feet west of the northeast corner of said Lot 34; thence South a distance of 278.51 feet to a point on the south line of said Lot Thirty -One (31) that is 21.0 feet west of the southeast corner of Lot 31, thence West on and along the south line of said Lot Thirty -One (31) a distance of 144.68 feet to the point of beginning. RESERVING THEREFROM the following: 1"W 1. All right, title, and interest to the air space above elevation 739 (USC & GS mean sea level datum) (Air Space); and 2. All right, title, and interest to the subsurface ground space below elevation 707 (USC & GS mean sea level datum) (Ground Space) . The above described real estate with reservations shall be hereinafter referred to as the Property. SUBJECT TO the following restriction: A 50 -foot wide corridor upon, across and over the north 50 feet of the above described tract of land. Said corridor shall provide an open and clear vista from the ground level between the St. Joseph County Courthouse portico (located on Main Street) and the canopy at the South Bend Century Center (located at 120 South St. Joseph Street). The above restriction shall be running with the land and shall be binding on all successors in title to said land. SUBJECT ALSO TO EASEMENTS reserved hereby by Grantor, for the use and benefit of and as appurtenant to the Air Space and the Ground Space, as follows: 9 1. An easement to those portions of the Property to be determined by Grantor as desirable and necessary for the construction, maintenance, repair, renewal, replacement and operation in, on or under such portions of the Property for foundations, footings, pilings, casions, columns, and building supports for use of a structure to be constructed above the Property in the Air Space. 2. An easement to those portions of the Property to be determined by Grantor as desirable and necessary for the connection of any structure built in the Air Space to any previously erected or simultaneously erected structure on the Property so long as such connection (including but not necessarily limited to sharing or connecting ventilating systems, heating systems, air conditioning systems, plumbing, electrical systems, elevator systems, wiring, stairways, hallways, or other utilities or architectural concomitants) does not grossly interfere with the operations of or feasibility of the operating of any such structure on the Property and so long as the Grantor provides restitution and compensation for any additional costs to the Grantee, which shall be reasonable in the discretion and determination of the Grantor. 3. An easement for ingress and egress to and from r.► public ways in, upon, over and through the Property and Grantee's structure to be erected thereon and in, over and upon the stairways and elevators located in Grantee's structure, to and from the Air Space and the Ground Space, as to those portions of the Property and Grantee's structure thereon determined by Grantor to be desirable, so long as the use of such easement does not grossly interfere with Grantee's operation of the Property and its structure thereon. GRANTOR GRANTS THE FOLLOWING EASEMENTS to Grantee for the use and benefit of and as appurtenant to the Property herein conveyed: 1. An easement to portions of the Air Space, to be approved by Grantor, which are desirable and necessary for the construction, maintenance, repair, renewal, and replacement of a structure or portions thereof to be constructed in and on the Property. 2. An easement to those portions of the Ground Space, to be approved by Grantor, which are desirable and necessary for the construction, installation, use, maintenance, repair, renewal, and replacement of foundation of a structure, underground pipes, wires, conduits and other similar appliances or equipment to supply improvements to the Property with electricity, gas, water, storm and sanitary sewers and telephone services and other utility services for the proper and convenient use and operation thereof, together with the right of ingress and egress for the installation, maintenance, repair, and replacement thereof, and together with the preservation of lateral support for a structure constructed in or on the Property. EASEMENTS SURVIVE DESTRUCTION: Each of the easements granted or retained herein shall survive the total or partial destruction of the subject matter of the easement and /or the survient tenement of the easement, except that neither the Grantor nor the Grantee, nor their successors or assigns, shall be obligated to re- build or restore their respective improvements in the event of damage or destruction by fire or other casualty. Neither party's right to `.. raze or remove the destroyed structures shall be limited hereby. -2- WHEREAS, TRANSPO has determined its need and ability to reprogram certain funds granted by the Urban Mass Transportation Authority (UMTA) in order to use those funds for acquisition of additional busses rather than for construction of a transfer center; and WHEREAS, Redevelopment and TRANSPO agree that it is in the best interest of the citizens of the taxing districts served by TRANSPO and by Redevelopment to encourage development of the property in a manner which encourages the increase in assessed valuation of the taxing districts, provides additional employment opportunities in the taxing districts and, in particular, in the central downtown area of the City of South Bend, and further increases the daytime population of the central downtown area including potential TRANSPO riders. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTH BEND TRANSPORTATION CORPORATION AND THE SOUTH BEND REDEVELOPMENT COMMISSION, as follows: 1. TRANSPO and Redevelopment agree to amend the Agreement and Deed to reflect the following changes to TRANSPO'S proposed development on the Property and to the continued ownership by TRANSPO of the property: a. TRANSPO will construct a transfer center, similar to that being constructed in Mishawaka, with the cost of development of the center, including all site improvements, to be not less than Three Hundred Sixty -two Thousand Dollars ($362,000.00). b. The proposed development on the Property will consist of a structure of approximately Four Hundred (400) square feet, which will house an office, drivers' restrooms, and drivers' lounge. TRANSPO will endeavor to construct the structure in a manner which most easily facilitates its removal to an alternative site. The balance of the Property will be resurfaced and landscaped. Ten to twelve passenger shelters will be erected in a manner which most easily facilitates their removal and replacement on an alternative site in the future. c. TRANSPO will develop the site with as much natural landscaping as possible; Redevelopment will maintain the landscaped portions of the Property with its own equipment and at its own expense. d. TRANSPO will file with Redevelopment's Design Review Committee its proposed site plans for the Property by June 1, 1986; the Design Review Committee will be bound by the terms of the amended Agreement and Deed in its consideration of the proposed site plans. e. Construction of improvements on the Property will begin no later than sixty (60) days after approval of the site plan submitted by TRANSPO to the Design Review Committee and will be completed within twelve (12) months of that date. 2. The Agreement shall be amended at Section VII to reflect the following goals for future, more intensive development of the Property, the Air Space and the Ground Space (Development Site): a. The Joint Development Committee (JDC) shall recommend acceptance of any Offer involving development of a project with a minimum construction of 60,000 square foot facility, which is proposed on the Development Site or for which the Development Site is required for -3- Iftw construction of an essential facility related to the project. The JDC may recommend acceptance of an Offer not involving the minimum requirements, if the Offer involves a project which appears conducive to the economic growth of the downtown area. b. When the JDC recommends acceptance of an Offer, Redevelopment will review the Offer to determine whether the Offer meets the Development Plan for the South Bend Central Development Area and whether it meets other criteria required herein to initiate the notice to TRANSPO and the public bidding process for disposition of property by Redevelopment (IC 36- 7- 14 -22). C. If both the JDC and Redevelopment determine the Offer suffices to initiate public bidding of the Development Site for redevelopment, Redevelopment will send written notice to TRANSPO to relocate its transfer center and to reconvey the Property to Redevelopment for recombi- nation with the Air Space and Ground Space and for offering the Development Site for public bidding for resale and redevelopment, pursuant to IC 36- 7- 14 -22. TRANSPO shall have fifteen (15) days from date of the notice given by Redevelopment within which to reconvey the Property. TRANSPO shall have not less than one hundred twenty (120) days from the date of the Notice to vacate the Property and return possession to Redevelopment. d. Repurchase Price for reconveyance of the Property by TRANSPO to Redevelopment shall be an amount equal to the total of: (a) Fifty Three Thousand Six Hundred Dollars ($53,600.00); (b) the depreciated value of any improvements to the Property from UMTA funds which must be repaid to UMTA due to the reconveyance; and (c) the lesser of actual moving costs or Twenty -Five Thousand Dollars ($25,000.00); provided, however, that the total Repurchase Price shall not exceed Two Hundred Twenty -Five Thousand Dollars ($225,000.00). e. The Repurchase Price shall be paid at a time to be agreed upon between TRANSPO and Redevelopment and need not be paid at the time of reconveyance of the Property. Payment of the Repurchase Price shall not be a requirement for reconveyance of the deed to the W- Property to Redevelopment or for repossession of the Property by Redevelopment. f. If Redevelopment sells the Development Site for an amount greater than the Repurchase Price, Redevelopment will pay to TRANSPO a reconveyance bonus of fifty percent (50 %) of the difference between the Repurchase Price and the sale price for the Development Site. This reconveyance bonus shall be in lieu of the sharing of the sale price of the Air Space provided for in the previous Article VII, Section 2 of the Agreement. g. If TRANSPO reconveys the Property to Redevelopment under this Agreement, Redevelopment agrees to lease to TRANSPO for a nominal sum on a year to year basis property then owned by Redevelopment, if any then is available, in the sole opinion of Redevelopment, for such lease, for use by TRANSPO as a temporary transfer center; provided, however, that any such lease may 140� -4- r.. provide that it may be terminated by sixty (60) days advance written notice by Redevelopment, and further provided that no additional compensation shall be due to TRANSPO from Redevelopment for cancellation of the lease, including but not limited to any .relocation costs. 3. This Resolution shall be executed in two counterparts, each of which shall have validity as an original document. Approved this day of , 1986, at a regular meeting of the South Bend Public Transportation Corporation by its Board of Directors. SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, /1 BY: / Mark Pajajqbwski ITS: Chairman ATTEST: E.,X. t�eznik, Vice- Chairman Approved this day of , 1986, at a regular meeting of the South Bend Redevelopment Commission of the City of South Bend. SOUTH BEND REDEVELOPMENT COMMISSION -5- ATTEST: Roman Piasecki, Secre ary