HomeMy WebLinkAbout6. Memorandum of Agreement between The Housing Authority of the City of South Bend and the South Bend Redevelopment Commission for a General Utility Easement 4, %max Department of
Community Investment
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Memorandum
Wednesday, December 26, 2012
TO: Redevelopment Commission
FROM: Bill Schalliol
SUBJECT: Memorandum of Agreement between The Housing Authority of the City of South Bend
and the South Bend Redevelopment Commission for a General Utility Easement
Attached to this staff report is a Memorandum of Agreement("MOA") between the Housing Authority
of the City of South Bend ("SBHA")and the South Bend Redevelopment Commission ("RDC"). The
purpose of the MOA is to create the structure of an agreement that will allow for the RDC to provide
funding to the SBHA to demolish a modular structure located on the southern edge of the parking
area adjacent to the south administrative building on Alonzo Watson Drive/Scott Street in exchange
for the SBHA granting to the City a 30' wide utility easement from Chapin Street to Alonzo Watson
Drive/Scott Street.
By way of history on this project, at the September 27th meeting of the Redevelopment Commission,
the Commission approved an agreement between AEP and the Commission to fund, using funding
from the Union Station Technology Center Memorandum of Understanding#1, an alternate feed
service line from Chapin Street into the west end of the Union Station Technology Center complex.
The purpose of the alternate service feed was to provide a redundant path of electric to provide the
center with 5 MW of power. As part of this transaction, it was the City's role, in coordination with
AEP,to obtain the necessary easements and approvals to install the new pole line in this corridor.
The City needed a general purpose easement to cover the stretch from Chapin to Alonzo Watson
Drive/Scott Street. While the City presently has a 25' easement for this corridor, the easement is
limited only to sewer related uses.
The City has negotiated with the SBHA over the last several months to develop a set of terms for the
establishment of a general utility easement along the southern end of their property from Chapin
Street to Alonzo Watson Drive/Scott Street. The RDC will help fund the demolition and site
restoration for the removal and clean-up of a modular structure located on the southern end of their
property, in the amount of Eighteen Thousand Dollars ($18,000.00), in exchange for a permanent,
general utility easement. The SBHA grants the easement to the City by one easement agreement
and the City will grant an easement agreement to AEP in the same corridor with the other easement
agreement in the packet.
Staff requests approval of this agreement and approval of the funding request of Eighteen Thousand
Dollars ($18,000.00) in exchange for a permanent,general utility easement along the southern end
of the SBHA property from Chapin Street to Alonzo Watson Drive/Scott Street.
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (the "Agreement"), effective as of the y(1 day of
December, 2012 hereinafter referred to as "MOA," is made and entered into among The
Housing Authority of the City of South Bend, a governmental body existing and operating
under the authority of Indiana Code §36-7-18 et seq. ("HASB"), and having its offices located at
501 South Scott Street, South Bend, Indiana 46601, and the South Bend Redevelopment
Commission, governing body of the City of South Bend Department of Redevelopment (n/k/a
Community Investment Department) in accordance with Indiana Code §36-7-14 ("City").
WHEREAS, HASB and the City recognize enormous potential for mutual benefit to both the
current and future populations they serve;
WHEREAS, the City is facilitating a world-class technological renaissance in cooperation with
Global Access Point, LLC ("GAP") that is commonly know as the "Ivy Tower Project" and
promises opportunities reaching decades into the future(the "Project");
WHEREAS, HASB has long been a partner with the City in helping to improve the lives of
those in public housing and throughout the City;
WHEREAS, the corridor that runs from the Stanley Coveleski Stadium, Union Station, South
Street across Alonzo Watson Drive to Chapin, the Salvation Army Kroc Center past Laurel
Court has a once in a century chance of remaking itself into a beacon, attracting opportunities for
generations to come, and HASB can assist in this process by granting the City a permanent
easement in a portion of its real estate for the purpose of facilitating electrical line work to be
performed by Indiana Michigan Power Company;
WHEREAS, it is HASB's mission to ensure that the training needed for the high tech jobs of
today and the future are within the grasp of the residents of public housing and any others that
desire to prepare to take their place in the workforce and eventually permanently move from
public housing to housing that they own, and the City's Project in cooperation with GAP will
assist in that mission;
WHEREAS, in connection with the foregoing, the City intends (a) to facilitate opportunities for
HASB — in conjunction with other community organizations — to provide the training needed to
fill GAP's anticipated employment needs, and (b) to work cooperatively with HASB on a
mutually beneficial neighborhood revitalization and home ownership program;
WHEREAS, in connection with the Project, the parties anticipate that HASB will enter into
additional written agreements with Allied Fiber, LLC, a [New York] limited liability company
("Allied Fiber"), whereby Allied Fiber will be granted the right to construct a building no larger
than 120 x 120 feet inside the Easement (defined below) and on property adjacent to the
Easement area; provided, however, any such agreement will be subject to the approval of HASB,
and will (a) require Allied Fiber to pay HASB monthly rent of $500 (an annual payment of
$6,000), (b) require Allied Fiber to be completely responsible for the maintenance of the
Page 1 of 2
building, (c) include other stand commercial lease provisions governing Allied Fiber's use of the
space and construction of the building, and (d) be subject to HUD and any other HASB-required
approvals.
THEREFORE, the parties now desire to enter into this mutually beneficial Agreement to
facilitate the goals set above,which Agreement is as follows:
Principal Agreement
1. For the consideration of the City's agreement to pay Eighteen Thousand and
00/100 Dollars ($18,000.00), which will be paid within ten (10) days of the execution of this
Agreement, HASB agrees, contemporaneously with the execution of this Agreement, to grant to
the City an Easement & Right of Way, the form of which is attached hereto and incorporated
herein as Exhibit "A" (the "Easement"). The Easement will specifically allow the City to
assign, convey or set over to Indiana Michigan Power Company the rights therein granted.
2. HASB shall be responsible for the removal and clean-up of the current modular
structure, now located on the north edge of the south administrative building as depicted on
Exhibit `B".
3. The parties agree that they will each take any action and execute and deliver any
document reasonably required to carry out the intents and purposes of this Agreement.
4. This Agreement may be executed in counterparts, all of which shall be deemed
originals.
Housing Authority of the City of South Bend
Creelrg e y er , X4cutive 1ree or Date
City of South Bend
By: , /212 b l Zo 12
Pleck et el Q. .St tiev,i►•1 / c�1i 2 of- Ski' Date
Printed Name and Title
SBDS02 437377v4
Page 2 of 2
EASEMENT & RIGHT OF WAY
Tax ID No. 018-3053-2071(71-08-11-402-002.000-026)
Easement No. IN121050
Map No.575
THIS INDENTURE, made by and between THE HOUSING AUTHORITY OF THE CITY OF
SOUTH BEND, a Governmental Body, whose address is 501 S. Scott Street; South Bend, Indiana 46601 (the
"Grantor"), and the CITY OF SOUTH BEND, INDIANA, a Municipality, whose address is 227 W. Jefferson Blvd.,
South Bend, Indiana 46601 (the "Grantee').
WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand
paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey
to Grantee a THIRTY (30') FOOT WIDE RIGHT-OF-WAY AND EASEMENT (see Exhibit "A"attached hereto
for the specific dimensions and location identification) for the construction, operation, use, maintenance,
repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the
transmission of electrical energy and for communication purposes, including the right to permit attachments of
others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is
located on the following described REAL ESTATE, to-wit:
A part of the West Half of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana, being particularly described as follows:
A 30-foot strip of land along the southern most property line of the parcel of land known as a Part
of Lot 68 of the PLAT OF OUTLOTS, TOWN OF SOUTH BEND and more particularly identified in
Exhibit"A" attached hereto and made a part hereof.
Vesting Deed : Document
Record recorded , in the
Office of the Recorder of St. Joseph County, Indiana.
TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right
to cut, trim and/or remove any trees or bushes which may endanger the safety or interfere with the construction,
maintenance, or use of said facilities.
GRANTEE shall promptly repair or replace all physical damage on the premises proximately
caused by the construction, operation, and maintenance of Grantee's facilities.
GRANTOR warrants that no structure or building shall be erected upon said easement.
AFTER the completion of said system, the Grantor reserves the full use of the land which is not
inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade
within the area of said easement without the written prior consent of Grantee.
FULL RIGHT and authority is hereby granted unto the Grantee, its successors and assigns, to
assign, convey or set over, to INDIANA MICHIGAN POWER COMPANY, the easement hereby granted, together
with all rights attendant thereto.
IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this
written agreement is complete in all its terms and provisions and shall be binding on their respective
representatives, heirs, successors, and assigns.
THE UNDERSIGNED PERSON executing this document on behalf of Grantor, represents and
certifies that he/she is duly authorized by the Grantor and has been fully empowered to execute and deliver this
document; that Grantor has full capacity to convey the real estate described here; and that all necessary action for
the making of such conveyance has been taken and done.
IN WITNESS WHEREOF, the Grantor(s) has(ve) hereunto set his hand(s) and seal(s).
HOUSING AUTHORITY OF THE CITY OF SOUTH
BEND,
A Governmental Body
DATED: /:ciA(G /c� By: `� — ��- ,
Tits pxec• p +r
(PLEASE PRINT{OUR NAME AND TITLE ON THIS LINE EXACTLY AS IT APPEARS ABOVE)
STATE OF )
n, ) SS.
COUNTY O F�6/✓�' �Lr4.J yi
Before me, a Notary Public in and for said Count and State, on , 201?.r
personally appeared f2.32-s � , the " 0i-sc of THE HOUSING AUTHORITY OF
THE CITY OF SOUTH BEND, a Governr'(iental Municipality, and acknowledged execution of the foregoing document
for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein contained
are true.
WITNESS my hand and Notarial Seal.
(SEAL) Notary Public, ih c 4'
s+. J,u,;z1, 6 County! v, 44 q.,.i, rc
My Commission
Expires: aL 7 Z e �• c
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in
this document, unless required by law. Lawrence J. Meteiver.
This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1200S County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana 46601, (574) 235-9294.
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EASEMENT & RIGHT OF WAY
Tax ID No. 018-3053-2071(71-08-11-402-002.000-026)
Easement No. IN121050
Map No.575
THIS INDENTURE, made by and between the CITY OF SOUTH BEND, INDIANA, a Municipality,
whose address is 227 W. Jefferson Blvd , South Bend, Indiana 46601 (the"Grantor"), and INDIANA MICHIGAN
POWER COMPANY, an Indiana Corporation, whose post office address is P.O. Box 60, One Summit Square, Fort
Wayne, Indiana 46801 (the "Grantee ).
WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand
paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey
to Grantee a THIRTY (30') FOOT WIDE RIGHT-OF-WAY AND EASEMENT (see Exhibit "A"attached hereto
for the specific dimensions and location identification) for the construction, operation, use, maintenance,
repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the
transmission of electrical energy and for communication purposes, including the right to permit attachments of
others to said facilities, in, on, along. under, over, across, and through the said easement, which easement is
located on the following described REAL ESTATE, to-wit:
A part of the West Half of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana, being particularly described as follows:
A 30-foot strip of land along the southern most property line of the parcel of land known as a Part
of Lot 68 of the PLAT OF OUTLOTS, TOWN OF SOUTH BEND and more particularly identified in
Exhibit"A" attached hereto and made a part hereof.
Vesting Deed : Document
Record recorded , in the
Office of the Recorder of St. Joseph County, Indiana.
TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right
to cut,
trim and/or remove any trees or bushes which may endanger the safety or interfere with the construction,
maintenance, or use of said facilities.
GRANTEE shall promptly repair or replace all physical damage on the premises proximately
caused by the construction, operation, and maintenance of Grantee's facilities.
GRANTOR warrants that no structure or building shall be erected upon said easement.
AFTER the completion of said system, the Grantor reserves the full use of the land which is not
inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade
within the area of said easement without the written prior consent of Grantee.
IT 1S AGREED that the foregoing is the entire contract between the parties hereto, and that this
written agreement is complete in all its terms and provisions and shall be binding on their respective
representatives, heirs, successors, and assigns.
THE UNDERSIGNED PERSON executing this document on behalf of Grantor, represents and
certifies that he/she is duly authorized by the Grantor and has been fully empowered to execute and deliver this
document; that Grantor has full capacity to convey the real estate described here; and that all necessary action for
the making of such conveyance has been taken and done.
IN WITNESS WHEREOF, the Grantor(s) has(ve) hereunto set his hand(s) and seal(s).
CITY OF SOUTH BEND, INDIANA
A Municipality
6
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DATED: JCI ca. .._�. �.G ✓ �����p
. its INSI ELKAr
(PLEASE PRINT YOUR NAME AND TITLE ON THIS LINE EXACTLY AS IT APPEARS A=• E)
STATE OF (\(l t ^ )
) SS.
COLI�TY OF
Befo a me. a Notary Public in and for said County and State, on -.' �zCt-I'''`���" ' ,
personally appeared Do nii_l A . 1 f\-4<s , the Ci,.c1'(.-un eit YW-oe/Sustbck06f THE CITY OF SOUTH BEND,
INDIANA, a Municipality, and acknowledged execution of the foregoing document for and on behalf of said Grantor,
and who, having been duly sworn, stated that the representations therein contained are true.
WITNESS my hand and Notarial Seal.
Jennifer H. Hullinger
- •
d:Ol•q
. Resident o � �/� � l
(SEA ,r:"seA` *= St.Joseph County / �
:�• P - My Commission Expires: Notary PubliS _
2/1/2016
ounty,
My Commission
Expires:
I affrm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in
this document, unless required by law. Lawrence J. Meteiver.
This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1200S County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana 46601, (574) 235-9294.
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