No. 2047 ratifying/confirming/approving certain actions related to the erskine commons retail project (SSDA)

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A RESOLUTION NO. 2047 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS RELATED TO THE ERSKINE COMMONS RETAIL PROJECT (SOUTH SIDE DEVELOPMENT AREA) WHEREAS, Anchor Associates ( "Developer ") intends to develop a retail center known as "Erskine Commons" to be located on Ireland Road within the City of South Bend, St. Joseph County, Indiana; and WHEREAS, the Erskine Commons Project shall consist of two (2) anchor tenants having an approximate square footage of 210,000± and 116,000± square feet respectively with additional development of approximately 30,000 square feet to occur on certain outlots located on the Project Site; and WHEREAS, Developer also intends to develop that portion of the Project Site known as Parcel "C" with two (2) or more retail tenants, but such development shall not include a single retail tenant having more than 75,000 square feet; and WHEREAS, the South Bend Redevelopment Commission ( "Commission "), to facilitate the Erskine Commons Project within the South Side Development Area ( "SSDA "); and WHEREAS, on March 12, 2004, Developer and the City of South Bend entered into a non - binding Memorandum of Understanding ( "MOU ") that expresses the intent of each of the Parties at the time the MOU was executed concerning the Erskine Commons Project and have agreed to work toward the execution of a formal Development Agreement on or before April 15, 2004; and WHEREAS, pursuant to Indiana Code § 36- 4 -5 -3, the Mayor for the City of South Bend is empowered to sign contracts of the City; and WHEREAS, in order to expeditiously facilitate the Erskine Commons Project, the Mayor has heretofore executed the MOU on behalf of the City pursuant to Indiana Code § 36- 4 -5 -3; and WHEREAS, the Commission desires to ratify the MOU dated March 12, 2004; and WHEREAS, the Commission believes that the Erskine Commons Project as described in the MOU is in the best interests of the health, safety and the social and economic welfare of the City and its residents and that the Erskine Commons Project complies with federal, state and local laws under with the Project has been undertaken and is being assisted.