HomeMy WebLinkAbout5A1 Resolution No. 3571 (Claeys Candy)
Redevelopment Commission Agenda Item
DATE: 2/3/23
FROM: Joseph Molnar
SUBJECT: Authorizing Staff Execute Option
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: Resolution Authorizing Execution of Option to Purchase Agreement
Specifics: On April 13, 2022 the RDC entered into an Option to Purchase Agreement regarding
the Claeys Factory building in Downtown South Bend. Claeys Candy has notified City staff that
they are ready to sell the building and fully move to their new factory.
The attached resolution allows Staff to execute the final agreement and all necessary
paperwork for the purchase of the building along the terms of the previously approved Option
to Purchase Agreement.
Staff recommends approval of the resolution.
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget: _______________; Break down:
Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________;
Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________;
Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________
___________________________________________. Going to BPW for Contracting? Y/N
Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
RESOLUTION NO. 3571
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AUTHORIZING EXECUTION OF AGREEMENT
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), governing
body of the South Bend Department of Redevelopment (“Redevelopment”), exists and operates
pursuant to I.C. 36-7-14; and
WHEREAS, the Commission entered into a Option to Purchase Agreement
(“Agreement”), dated April 13, 2022, with Gregg Claeys (“Claeys”) and Michael D. Machalleck
(“Machalleck”) each an individual (together, Claeys and Machalleck are referred to as the
“Developer”) for the option to purchase certain property (“Property”), a copy of which is attached
as Exhibit A; and
WHEREAS, as a part of the Agreement, the Commission have an exclusive option to
purchase the Property; and
WHEREAS, the Commission wishes to exercise their option.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. The Commission hereby ratifies and approves the acquisition of the Property at the
agreed upon purchase price of Five Hundred and Fifty Thousand Dollars ($550,000.00).
2. The Commission authorizes members of the Department of Law and Department
of Community Investment to negotiate the remaining terms of the agreement on its behalf.
3. The Corporation Counsel of the City of South Bend, Indiana is hereby authorized
and instructed to execute the final agreement.
4. This Resolution will be in full force and effect upon its adoption by the
Commission.
Signature Page Follows
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
February 9, 2023.
.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia Jones, President
ATTEST:
______________________________
Vivian Sallie, Secretary
EXHIBIT A
Option to Purchase Agreement