Loading...
HomeMy WebLinkAbout2006-06-07 Redevelopment Authority Minutes• SOUTH BEND REDEVELOPMENT AUTHORITY REGULAR MEETING June 7, 2006 1308 County-City Building 1:30 p.m. 227 West Jefferson Boulevard Presiding: Carolyn Pfotenhauer South Bend, IN 46601 The, 2006 Regular Meeting of the Redevelopment Authority was called to order at 1:30 p.m. by Carolyn Pfotenhauer. There was a quorum present. 1. ROLL CALL Members Present: Ms. Carolyn V. Pfotenhauer, President Mr. Jose Alvarez, Secretary Redevelopment Staff: Mr. Donald Inks, Director of Economic Development Mr. Shawn Peterson, Legal Counsel Mrs. Jenny Hullinger, Recording Secretary 2. APPROVAL OF MINUTES a. Approval of the minutes of May 3, 2006 • Upon a motion by Jose Alvarez, seconded by Carolyn Pfotenhauer, and unanimously carried, the Authority approved the Minutes of the Regular Meeting of May 3, 2006. 3. NEW BUSINESS a. Authority approval requested for Final Marathon Settlement Agreement and Release and accompanying documents. Mr. Shawn Peterson said the Settlement Agreement was approved at the last meeting as well as the changes. Marathon has signed the documents and sent them back, and they should be arriving soon. This motion will put a copy of the final documents in the minutes, and approves and ratifies the Authority's signatures and the changes that were made individually. The most substantial change was going from four documents to three per Marathon's request, as well as they wanted some additional indemnification language. Ms. Pfotenhauer asked what that meant. Mr. Peterson said it means that Marathon wanted to create an ambiguity to allow for the indemnities to apply to the particular area subject to the easements. We were not willing to concede as much but settled on the language creating the ambiguity. Mr. Peterson noted that the three easements in question cover the northern part of the golf course only. The other significant change was that under the original documents, all of the agreements, including the easement amendments, would be deemed void if the current developer did not proceed with the Project. Also, under the final documents, Marathon acknowledged and the document states that the rights run with the land so a future developer could construct similar improvements on the same parcel. Mr. Alvarez asked who The South Bend Redevelopment Authority June 7, 2006 Meeting Minutes would be responsible for damages to the golf course if they had to put a new pipeline in. Mr. Peterson said that since that wasn't really a plan for them, as far as we can see at this point, it wasn't discussed. The original documents were done in 1953, and were standard boilerplate documents to farmers in the area who weren't concerned because it was farm land. Mr. Peterson said Marathon realizes the importance of the golf course and that it would be reasonable for them to pay for the repair or replacement, especially on the portion of the course not covered by these documents. We may be able to give them a new route in the future that would not be as hard on our improvements if the need arose. Mr. Alvarez asked if this was the best compromise we could have come up with, and Mr. Peterson felt it was the only one we could have done. Upon a motion by Ms. Pfotenhauer, seconded by Mr. Alvarez, the Authority ratified the signatures and approved the changes for the Marathon Settlement Agreement and Release. b. Authority approval requested for Authority Resolution No. 158 approving the transfer of real property to the South Bend Redevelopment Commission. Mr. Peterson said Resolution No. 158 transfers the property back to the Commission. The bond for this property has been paid off and the lease has expired. The land for the hotel is part of the property involved.-There is also a very small piece of property, 40'x375' around the hotel site that is needed for the hotel because of the reconfiguration of the pipeline for the porch. That strip of land was under the golf course bond financing. This piece of property will be deeded to the Redevelopment Commission, who will .release the property. The area will be replatted so that it is one piece of property. We will close on the property around August 1. The developer is starting his contract documents already. The Commission will then adopt a similar resolution on Friday. After the developer has signed the agreement Upon a motion by Mr. Alvarez, seconded by Ms. Pfotenhauer, the Authority approved Resolution No. 158 approving the transfer of real property to the South Bend Redevelopment Commission. 4. NEXT MEETING DATE: June 21, 2006 5. ADJOURNMENT There being no further business to come before the Redevelopment Authority the meeting was adjourned at 1:45 p.m. 2 • • The South Bend Redevelopment Authority June 7, 2006 Meeting Minutes Carolyn Pfo ' nhaue President onald In cs, Director •