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South Bend Redevelopment Commission <br /> Regular Meeting—April 24, 2012 <br /> Mr. Downes asked for clarification on the <br /> Architectural Review Committee, that <br /> committee because of the PUD, that <br /> committee would in fact have to approve all <br /> design. Mr. Kain answered yes. <br /> Mr. Davis asked who won out the bid for the <br /> construction contract. Mr. Kain responded <br /> that Data Realty bid out their own project <br /> and that Turner Construction is the general <br /> contractor. <br /> Mr. Davis asked if MBE and WBE were part <br /> of the conversation. Mr. Inks responded that <br /> staff did not put those in as requirements in <br /> the agreements but we did have those <br /> conversations. Turner was selected for this <br /> project because of their work on the Kroc <br /> Center and the success they had with the <br /> MBE and the WBE's there. <br /> Mr. Inks asked Mr. Kain to speak about TIF <br /> eligibility as Mr. Metreiver requested. Mr. <br /> Kain noted that there were some questions <br /> raised about the use of TIF dollars inside a <br /> private property especially as it relates to <br /> purchase of equipment inside the building; <br /> air-handling units that support the data <br /> center. Staff confirmed with outside legal, <br /> Mr. Randy Rompola, that this is ineligible <br /> use of TIF money and that the purchase of <br /> the equipment was allowable under the <br /> statute. Mr. Inks noted there were some <br /> revisions to the Use Agreement as a result of <br /> Mr. Rompola's review. Mr. Kain added that <br /> he had a revised agreement. The one change <br /> in the agreement is for the ability for Data <br /> Realty to purchase the equipment back from <br /> the City in seven years. That was not <br /> included in the initial agreement. Mr. Inks <br /> asked if that was subject to going through the <br /> 13 <br />