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• The South Bend Redevelopment Authority <br />December 4, 2002 Meeting Minutes <br />Redevelopment Commission when South Bend Chocolate first moved into the <br />CCA building. As part of its lease with the Commission, South Bend Chocolate <br />renovated the building and built to the lot line. In order to meet Building Codes <br />and provide ingress and egress, the Authority granted to the Commission a <br />perpetua126' easement. Mr. Tamer, of South Bend Chocolate, wants to build into <br />that easement. Because such action involves the easement that the Authority <br />granted to the Commission, and because that property on which the expansion <br />would occur, involves the Hall of Fame (parking lot) property, such a transaction <br />will require several of steps. First, there must be confirmation that the bond <br />refunding for the Hall of Fame in 2000 is not violated in any way by potential use <br />of the property by a private entity such as South Bend Chocolate. Assuming there <br />is no violation and the Authority is willing to permit the expansion project to <br />proceed, then the next issue to be dealt with would be the non-buildable easement. <br />The easement would need to be changed so that there could be a building put on <br />it, and then move the current easement out further in order to resolve any ingress <br />and egress problems. Ms. Greene advised that she had spoken with Don Fozo, of <br />the Building Department, and he thought that is a resolvable problem assuming <br />there is not a problem with the bond covenants. The third thing that would have to <br />happen is the Authority would have to transfer that `property to the Redevelopment <br />Commission; with the Commission accepting the transfer. Next, a determination <br />• would have to be made of the fair market rental value of the property to be leased, <br />survey work would have to be done, the property would have to go through the <br />disposition process and there would have to be an amendment to the existing lease <br />with South Bend Chocolate on the CCA building. If the Authority is in agreement <br />with this request, then the passage of Resolution No. 148 would allow staff to take <br />additional action without having to come back to the Authority at a second <br />meeting. This resolution authorizes the signature of a transfer resolution related <br />to transfer property to the Redevelopment Commission and any change in <br />easement that have to occur as a result of the change in the building. Because this <br />involves the Hall of Fame property it is important to also have bond counsel look <br />at this to make sure any action that we take does not in any way impair the bonds <br />and any action per the resolution is taken only upon the approval of legal counsel, <br />including a positive finding by bond counsel. Ms. Greene said she is in the <br />process of reviewing the bond covenants, and has talked to Randy Rompola, and <br />she is forming an opinion, but would like Randy Rompola to give a second <br />opinion. Mr. Washington said his first concern is a legal concern, and wondered <br />what type of legal liability it would have in violating the covenants. Ms. Greene <br />said that the Resolution states that none of the actions would occur until there is <br />an affirmative finding by legal that it is appropriate for this to go forward. This <br />matter is in the investigative process right now; at no point will this go forward, if <br />after looking at the bond documents, it is determined that this would violate the <br />i 2 <br />H:\WPDATA\AUTHORTY\120402.min.wpd <br />