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<br />South Bend Redevelopment Commission <br />227 West Jefferson Boulevard, Room 1308, South Bend, Indiana <br /> <br /> <br /> <br />The Developer kept Commission staff informed on a continuous basis of its efforts in completing Phase II, <br />including on the factors that arose outside of the Developer’s reasonable control. These delays caused Phase II <br />to be delayed and thus not completed prior to the completion date as was originally defined in the Agreement. <br />As of this memo, no portion of the RDC Funding Amount has been expended on Phase II. <br /> <br />The Notre Dame hydroelectric project and the City’s Seitz Park project were recently completed, and the <br />Developer is ready to begin Phase II. The Developer has revised and expanded the designs for Phase II, and the <br />proposed Second Amendment to Development Agreement would change the following terms: <br /> <br />• Increase the Funding Amount to $9,737,000 (up from $5,237,000) <br />• Increase the Private Investment Commitment to $63,000,000 (up from $38,500,000) <br />• Adjust the project plan to reflect changes in the project: <br />o A minimum of 20 housing units <br />o Increase the minimum size of the Phase II building to 7 stories of residential units (up from 5 <br />stories) <br />o Commercial space of no less than 10,000 square feet <br />o One of the following: (1) an additional story of commercial space; (2) an additional story of 4 <br />residential units; or (3) 10,000 square feet of multi-family space. <br />o Remove Part 2 of Phase II which envisioned a third smaller building <br />• Update the deadlines to recognize the delay that the Notre Dame hydroelectric and Seitz Park projects <br />caused on Phase II <br />o Update new commence construction deadline for Phase II to no later than June 30, 2026 <br />o Update new completion deadline to no later than June 30, 2029 <br />• Update language in the Agreement which asserts the RDC would not be required to expend the Funding <br />Amount unless the Common Council granted the Developer a Real Property Tax Abatement with respect <br />to the elements of Phase II of the Project. The Agreement included a provision that focused on a <br />possible hotel or multi-family residences. This Second Amendment would maintain the intent of the RDC <br />through the Agreement to encourage a tax abatement, this Second Amendment alters the tax <br />abatement language to restrict it to commercial property. The Developer does not intend to apply for an <br />abatement on the residential portions of the project, which make up most of the newly designed Phase <br />II. <br /> <br />In total, the Developer is intending to expend a minimum of $38,500,000 investment into Phase II of the project, <br />far exceeding Phase II estimates at the time the Agreement was approved in 2018. This scale of construction will <br />provide further tax revenues, add increased vitality to the East Bank area and greater Downtown South Bend, <br />and activate a currently vacant lot. <br /> <br />Staff recommend approval of the Second Amendment.