HomeMy WebLinkAboutUntitled (2)SOUTH BEND REDEVELOPMENT COMMISSION
County -City Building, Room 1308
227 West Jefferson Boulevard
South Bend, Indiana
REGULAR MEETING
Friday, September 17, 2010
10:00 a.m.
AGENDA
1. Roll Call
2. Approval of Minutes
A. Approval of Minutes of the Regular Meeting of Friday, September 3, 2010.
3. Approval of Claims
4. Communications
5. Old Business
6. New Business
A. Public Hearing
(1) Public Hearing on Resolution No. 2754 appropriating tax increment
financing revenues from Allocation Area No. 1 Fund for the payment of
certain obligations and expenses related to the South Side Development
Area Allocation Area No. 1.
(2) Approval of Resolution No. 2754
B. Tax Abatements
(1) Resolution No. 2766 approving an application for personal property tax
deduction for property located at 2722 W. Tucker Drive in the Airport
Economic Development Area.(Steel Warehouse)
C. Housing
(1) Loan and Grant in connection with the South Bend Home Improvement
Program for property located at 207 S. Sheridan Street. (Garland and Carla
Smith)
D. South Bend Central Development Area
(1) Resolution No. 2767 setting a public hearing for 10:00 a.m., October 15,
2010 on the appropriation of tax increment financing revenues from the
various allocation areas for the payment of certain obligations and
expenses related to their respective allocation areas and other related
matters (SBCDA TIF)
(2) Filing of Resolution No. 2774 appropriating monies for the purpose of
defraying the expenses of certain local public improvements for the fiscal
year beginning January 1, 2010 and ending December 31, 2010, including
all outstanding claims and obligations, fixing a time when the same shall
take effect and setting a public hearing on Resolution No. 2774 for
10:00 a.m., October 15, 2010. (Building Operations Budget Fund 425,
Leighton Plaza Retail, Leighton Plaza Courtyard, Wayne Street Garage
Retail)
(3) Proposal for professional services (Legal description of the former Rink
Riverside site at Colfax and Sycamore Streets)
E. Airport Economic Development Area
(1) Proposal for professional services agreement for engineering services
related to 236 E. Sample Street. (Ivy Tech)
(2) Resolution No. 2758 related to acquisition of property in the Airport
Economic Development Area. (10 17 W. Indiana Ave.)
(3) Resolution No. 2761 related to acquisition of property in the Airport
Economic Development Area. (521 W. Indiana Ave.)
(4) Resolution No. 2762 related to acquisition of property in the Airport
Economic Development Area. (527 -529 W. Indiana Ave.)
(5) Administrative Settlement for acquisition of 527 -529 W. Indiana Ave.
(6) Administrative Settlement for acquisition of 605 W. Indiana Ave.
(7) Resolution No. 2763 related to acquisition of property in the Airport
Economic Development Area. (1534 -1536 Prairie Ave.)
(8) Resolution No. 2764 related to acquisition of property in the Airport
Economic Development Area (1502 S. Chapin St.)
(9) Resolution No. 2765 related to acquisition of property in the Airport
Economic Development Area. (1512 S. Scott St.)
(10) Resolution No. 2771 approving and authorizing the execution of an
Addendum to the Master Agency Agreement (Olive Road Extension
Design Project — Brick to Adams)
(11) Resolution No. 2772 related to acquisition of property in the Airport
Economic Development Area. (1503 Prairie Ave.)
(12) Resolution No. 2773 related to acquisition of property in the Airport
Economic Development Area. (1505 Prairie Ave.)
(13) Reimbursement to Transpo for expanded sidewalk costs.
(14) Resolution No. 2775 ratifying the execution of documents on behalf of the
City of South Bend, Indiana, Department of Redevelopment (Ivy Tech
Donation)
F. West Washington- Chapin Development Area
G. South Side Development Area
(1) Resolution No. 2769 approving and authorizing the execution of an
Addendum to the Master Agency Agreement (Erskine Detention Pond
Reconstruction — Construction Project)
(2) Resolution No. 2770 approving and authorizing the execution of an
Addendum to the Master Agency Agreement (Erskine Detention Pond
Reconstruction — Construction Management)
H. Northeast Neighborhood Development Area
I. Douglas Road Economic Development Area
J. Ratification of Service Contracts
7. Progress Reports
A. Tax Abatement
B. Common Council
C. Other
8. Next Commission Meeting: Friday, October 1, 2010 at 10:00 a.m.
Adjournment
NOTICE
FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge. Please
Give Reasonable Advance Request when Possible.
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
September 3, 2010
10:00 a.m. 227 West Jefferson Boulevard
Presiding: Marcia I. Jones, President South Bend, Indiana
1. ROLL CALL
Members Present:
Members Absent:
Legal Counsel:
Ms. Marcia Jones, President
Dr. David Varner, Vice President
Ms. Nancy King, Secretary
Mr. Greg Downes
Mr. Donald Alford
Ms. Stephanie Spivey
Mr. Charles S. Leone, Esq.
Mr. Lawrence Meteiver, Esq.
Redevelopment Staff Mr. Don Inks, Director
Mrs. Cheryl Phipps, Recording Secretary
Ms. Kathy Hahn, Economic Development Specialist
Mr. David Relos, Economic Development Specialist
Ms. Debrah Jennings, Property Manager
Others Present: Mr. Jeff Gibney, Executive Director
Mr. Tom Price, Mayor's Office
Ms. Rita Kopala
Ms. GlendaRae Hernandez
Ms. Mo Miller, Prism Science
2. APPROVAL OF MINUTES
A. Approval of Minutes of the Regular Meeting of
Friday, August 27, 2010.
Upon a motion by Ms. King, seconded by Mr. COMMISSION APPROVED THE MINUTES OF THE
Downes and unanimously carried, the Commission REGULAR MEETING OF FRIDAY, AUGUST 27,
approved the Minutes of the Regular Meeting of 2010
Friday, August 27, 2010.
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
3. APPROVAL OF CLAIMS
Redevelopment Commission Claims submitted September 3, 2010 for approval.
324 AIRPORT AEDA
City of South Bend
WITT Appraisal Services, Inc
Michaels Appraisal Service
The Lakota Group, Inc
South Bend Water Works
South Bend Parks & Recreation
South Bend Water Works
Michaels Appraisal Service
AMR Roofing
City of South bend
Lang, Feeney & Associates, Inc.
Phifer Environmental Services LLC
Jerome E. Michaels, MAI
Hull & Associates, Inc.
Buxton
Indiana Michigan Power
South Bend Water Works
James Smith
Charles Hampton & Melodie
7,900.00
1008 W. Sample
675.00
521 W Indiana Appraisal of Residential
350.00
1509 S Kendall Appraisal Fee
6,595.00
Ignition Park Technology Area
159.08
1000 Fellows Sprinkler System
11,095.00
Lawn Maintenance
104.91
Ardmore Trl /Prast Blvd
750.00
Appraisal Fee
5,231.00
1148 Portage William Gaffney
2,400.00
1503 Prairie Ave
2,360.00
Boundary Survey
2,300.00
1505/1503 Prairie Ave Environmental Site
6,975.00
Appraisal Report Multi /Single Story Industrial
3,241.25
Studebaker Area A Phase II SB Lathe & Huckins
11,250.00
Retail Site Assessment
5.94
1313 Prairie
75.00
1313 Prairie
1,250.00
Lease Termination Agreement
1,000.00
Lease Termination Agreement
420 FUND TIF DISTRICT -SBCDA GENERAL
ADG
4,555.00
South Bend Parks & Recreation
1,940.00
Rose Pest Solution
96.00
Baker & Daniels
2,822.00
CB Richard Ellis
1,190.03
Circle Lumber, Inc.
26.74
True Value
14.26
422 TIF DISTRICT WEST WASHINGTON
South Bend Parks & Recreation
Meridian Title Corporation
Consulting Services for the Reused of the Hall
Lawn Maintenance
Pest Control LaSalle Hotel
Professional Services
LaSalle Hotel Management Fee & General
LaSalle Hotel
LaSalle Hotel
300.00 Lawn Maintenance
1,000.00 Transfer from City to SBHF
426 FUND SOUTH BEND CENTRAL MEDICAL DISTRICT
Carl Walker 4,188.83 Memorial Hospital Barlette Facade Renovation
2
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
3. APPROVAL OF CLAIMS (CONT.)
430 FUND SOUTHSIDE DEVELOPMENT TIF AREA #A
South Bend Parks & Recreation 660.00 Lawn Maintenance
Christopher B. Burke 33,273.00 Erskine Detention Pond Relocation Phase II
Baker & Daniels 400.00 Professional Services
$ 114,183.04
Upon a motion by Mr. Downes, seconded by Ms. King
and unanimously carried, the Commission approved the
Claims submitted September 3, 2010, and ordered
checks to be released.
4. COMMUNICATIONS
There were no Communications.
5. OLD BUSINESS
A. South Bend Central Development Area
(1) Lease with (dba Brunos) for 131
S. Michigan St.
Upon a motion by Mr. Varner, seconded by
Ms. King and unanimously carried, the
Commission tabled Item 5.A.(1).
6. NEW BUSINESS
A. Tax Abatements
(1) Resolution No. 2759 approving an
application for real property tax deduction
for property located at 901 and 909 North
St. Peter Street in the Northeast
Neighborhood Development Area. (Snyder
Custom Homes)
Ms. Hahn noted that Snyder Custom Homes
intends to construct two new single family,
two -story homes. One of the homes will
3
COMMISSION APPROVED THE CLAIMS
SUBMITTED SEPTEMBER 3, 2010, AND ORDERED
THE CHECKS TO BE RELEASED
THERE WERE NO COMMUNICATIONS
ITEM 5.A.(I) WAS TABLED.
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
A. Tax Abatement
(1) continued...
contain approximately 2,850 square feet with
three bedrooms and an attached two -stall
garage. The other home will contain
approximately 3,000 square feet with four
bedrooms, a finished lower level and an
attached two car garage. The cost of the two
homes will be approximately $525,000 each.
Total taxes to be abated during the (5) five -
year abatement period for each home are
estimated at $1,893.34. Total taxes to be
paid during the (5) five -year abatement
period for one home are estimated at
$27,602.30. Total taxes to be abated for the
two homes are estimated to be $3,786.68.
Total taxes to be paid for the two homes are
estimated at $55,204.60.
Snyder Custom Homes, Inc. has not had any
previous tax abatements; the property is
properly zoned for the proposed project; the
property is located in the Northeast
Neighborhood Development Area, which is a
Tax Incremental Allocation Area; therefore,
the tax abatement petition must be approved
by the South Bend Redevelopment
Commission; the property is not located
within the Northeast Neighborhood's
residential TIF area; and, the project qualifies
for five years of residential tax abatement
under the tax abatement ordinance.
Mr. Varner asked if the homes were being
constructed as speculative homes. Ms. Hahn
responded that they are.
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
A. Tax Abatement
(1) continued...
Upon a motion by Ms. King, seconded by
Mr. Downes and unanimously carried, the
Commission approved Resolution No. 2759
approving an application for real property tax
deduction for property located at 901 and 909
North St. Peter Street in the Northeast
Neighborhood Development Area. (Snyder
Custom Homes)
B. Housing
(1) Loan and Grant in connection with the
South Bend Home Improvement Program
for property located at 4801 Skye Court
(Katia Gonzalez)
Mr. Inks noted that the loan is in the amount
of $5,250; the grant is $5,073.50.
Upon a motion by Mr. Downes, seconded by
Mr. Varner and unanimously carried, the
Commission approved the Loan and Grant in
connection with the South Bend Home
Improvement Program for property located at
4801 Skye Court (Katia Gonzalez)
C. South Bend Central Development Area
(1) Resolution No. 2755 approving and
authorizing the execution of an Addendum
to the Master Agency Agreement
(Jefferson /Franklin streetscape Project)
Mr. Relos noted that Resolution No. 2755
approves an Addendum to the Master
Agency Agreement for the Jefferson /
5
COMMISSION APPROVED RESOLUTION NO. 2759
APPROVING AN APPLICATION FOR REAL
PROPERTY TAX DEDUCTION FOR PROPERTY
LOCATED AT 901 AND 909 NORTH ST. PETER
STREET IN THE NORTHEAST NEIGHBORHOOD
DEVELOPMENT AREA. (SNYDER CUSTOM
HOMES)
COMMISSION APPROVED THE LOAN AND GRANT
IN CONNECTION WITH THE SOUTH BEND HOME
IMPROVEMENT PROGRAM FOR PROPERTY
LOCATED AT 4801 SKYE COURT (KATIA
GONZALEZ)
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(1) continued...
Franklin Streetscape Project. This project
will remove unneeded curb cuts along
Jefferson Street between Main and William,
thereby increasing the number of available
parking spaces. The large curb cut on the
south side of Jefferson, near the Main Street
intersection, will be removed, and two to
three parking spaces added.
Along the south side of Jefferson St.,
between the alley behind the WNIT building
and its parking lot to the west, sidewalks will
be replaced, the tree lawn on each side of the
sidewalk from the western alley will be
carried east, and new curb will be installed.
Along Franklin St, between Jefferson and
Washington Streets, which in the past couple
of years has been nicely revitalized, areas of
sidewalk, curb, and tree lawn will be
replaced. Areas of the brick street, which are
currently sinking, will be brought up to their
proper height. Along this block, there is a
single tall street light, which will be replaced
with four decorative light fixtures like those
along Michigan St.
Total estimated cost for this project is
$175,000. The project will be overseen by
the City's Engineering Department.
Upon a motion by Ms. King, seconded by
Mr. Downes and unanimously carried, the
Commission approved Resolution No. 2755
approving and authorizing the execution of
an Addendum to the Master Agency
on
COMMISSION APPROVED RESOLUTION NO. 2755
APPROVING AND AUTHORIZING THE EXECUTION
OF AN ADDENDUM TO THE MASTER AGENCY
AGREEMENT (JEFFERSON /FRANKLIN
STREETSCAPE PROJECT)
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(1) continued...
Agreement (Jefferson/Franklin streetscape
Project)
(2) Resolution No. 2756 approving and
authorizing the execution of an Addendum
to the Master Agency Agreement
(Jefferson /Wayne Electrical Outlets
Project)
Mr. Relos noted that Resolution No. 2756
approved an Addendum to the Master
Agency Agreement for the Jefferson / Wayne
Electrical Outlet Project. In an effort to
continue the beautification of the downtown
area, staff is working with the city's
Engineering and Traffic & Lighting
Departments for the replacement of 64
receptacles along Jefferson St., from the river
to Wayne Street, ending at Lafayette Blvd.
Over the years, most all of these receptacles
have been broken off, and continue to be a
hazard with pipes and wiring sticking out of
the ground. These receptacles were placed
near the trees along Jefferson and Wayne
streets to allow for the lighting of the trees in
the winter months.
Traffic & Lighting has installed similar
receptacles along Michigan St. They are low
profile, UV rated outdoor plastic with GFI
plugs and weather proof covers. The posts
include built in stabilizers, and are the same
color throughout, so there would be no
chipping of the color.
7
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(2) continued...
It is estimated that the total cost of this
project will be $25,000, which includes 75
new posts / receptacles (so Traffic &
Lighting has some spares), and the labor to
replace wiring and conduit as needed, and the
installation and electrical hook up of the new
receptacles.
Ms. Jones wondered why so many of the old
receptacles have broken. Mr. Relos thought
it was from cars running up over the curb and
hitting them, or because of vandalism. The
new ones are a lot sturdier.
Upon a motion by Mr. Downes, seconded by
Mr. Varner and unanimously carried, the
Commission approved Resolution No. 2756
approving and authorizing the execution of
an Addendum to the Master Agency
Agreement (Jefferson/Wayne Electrical
Outlets Project)
D. Airport Economic Development Area
(1) Staff report on Indiana Avenue
acquisitions.
Mr. Relos gave an update on the acquisition
of properties along Indiana Avenue. In an
effort to stabilize the Rum Village
Neighborhood and to expand Ignition Park
by 23 acres, the Commission has been doing
voluntary acquisition of property on the north
side of Indiana between Franklin and Prairie,
south of the railroad.
COMMISSION APPROVED RESOLUTION NO. 2756
APPROVING AND AUTHORIZING THE EXECUTION
OF AN ADDENDUM TO THE MASTER AGENCY
AGREEMENT (JEFFERSON/WAYNE ELECTRICAL
OUTLETS PROJECT
STAFF REPORT ON INDIANA AVENUE
ACQUISITIONS
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(1) continued...
Mr. Relos distributed a map showing the
following information: There are one
hundred fifty parcels in that area. Twenty -
one parcels in that area were owned by the
city. The Commission has purchased twenty -
five parcels from nineteen different owners.
Twenty parcels were purchased at tax sale.
Three properties are under purchase
agreement. Staff is negotiating for thirty -
nine other properties, There are forty -two
other parcels whose owners have not
expressed interest in selling, seven of them
owned by the railroad.
Mr. Relos noted that total acquisition and
relocation costs to date have been $615,545,
compared to $1,375,000 that was budgeted
for the same properties. The acquisition
process began in August 2009 with the
addition of these parcels to the Acquisition
List. The response of the residents interested
in selling has been overwhelming.
Mr. Relos noted that a woman from whom he
purchased a home told him she was telling all
her neighbors that they should work with
him: that the process was good. It's good to
know that the people we work with are happy
with the process.
Ms. Jones noted that the relocation costs for
this area have been less than estimated, but
that is not because we have been unfair in our
dealings with the property owners. It is
because our estimates were very
conservative. The relocations are all
voluntary.
9
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(1) continued...
Mr. Downes asked the status of the railroad
owned properties. Mr. Relos responded that
we are in preliminary discussions with the
railroad to see if the track can be terminated
at Prairie. We hope to have a meeting in a
month or so with them.
Ms. King thanked Mr. Relos for the good job
he has done.
E. West Washington- Chapin Development Area
There was no business in the West Washington -
Chapin Development Area.
F. South Side Development Area
There was no business in the South Side
Development Area.
G. Northeast Neighborhood Development Area
There was no business in the Northeast
Neighborhood Development Area.
H. Douglas Road Economic Development Area
There was no business in the Douglas Road
Economic Development Area.
10
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
1. Ratification of Services Contracts
Use /Agency
Lot
Event
Dates of Use
Memorial Hospital of
Leighton AMPCO
Roof -Top Party
17 -Sep -10
South Bend
Parking Garage
6t' Engineer Support
1313 Prairie Avenue
Toys for Tots
September 1, 2010 —
Battalion Engineer
February 1, 2011
Company B
College Football Hall
121 S. St. Joseph St.
Salmon Chase
1 I - Seh -10
of Fame
Races
Upon a motion by Mr. Downes, seconded by
Mr. Varner and unanimously carried, the
Commission ratified the Temporary Use
Agreements approved by staff since
August 27, 2010.
J. Other
(1) Filing of Resolution No. 2760
appropriating monies from the
Redevelopment General Fund (Fund 433)
for the purpose of paying for certain
expenses incurred by the Redevelopment
Commission and setting a public hearing
on Resolution No. 2760 at 10:00 a.m.,
October 1, 2010.
Mr. Inks noted that the appropriation will be
in the amount of $15,000 to cover legal costs
related to projects the department has been
involved in.
Upon a motion by Mr. Varner, seconded by
Mr. Downes and unanimously carried, the
Commission accepted for filing Resolution
No. 2760 and the setting of a public hearing
on Resolution No. 2760 at 10:00 a.m.,
October 1, 2010.
11
COMMISSION RATIFIED THE TEMPORARY USE
AGREEMENTS APPROVED BY STAFF SINCE
AUGUST 27, 2010
COMMISSION ACCEPTED FOR FILING
RESOLUTION NO. 2760 AND THE SETTING OF A
PUBLIC HEARING ON RESOLUTION NO. 2760 AT
10:00 A.M., OCTOBER 1, 2010
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
6. NEW BUSINESS (CONT.)
Mr. Inks asked that Item 6.J.(2) be added to the agenda.
There was no objection and the item was added.
(2) Authorization for the Director of
Redevelopment to sign all documents
related to the Subdivision Replat for the
Triangle Housing Project in the Northeast
Neighborhood Development Area.
Mr. Inks noted that staff has put a lot of work
into the Triangle Housing Project just south
of Eddy Street Commons, trying to get that
development ready to move forward. Part of
what is needed is a subdivision replat of the
properties there. He asked that the
Commission authorize him to sign all
documents related to that replat so there will
be no delays due to timing of Commission
meetings.
Upon a motion by Mr. Varner, seconded by
Ms. King and unanimously carried, the
Commission authorized the Director of
Redevelopment to sign all documents related
to the Subdivision Replat for the Triangle
Housing Project in the Northeast
Neighborhood Development Area.
7. PROGRESS REPORTS
Mr. Varner noted that there are going to be competing
tax abatement modification ordinances before the
Common Council over the next month. He thought the
Commissioners might be interested in following the
discussion or being involved in the discussion.
8. NEXT COMMISSION MEETING
The next meeting of the Redevelopment Commission is
scheduled for Friday, September 17, 2010 at 10:00 a.m.
12
COMMISSION AUTHORIZED THE DIRECTOR OF
REDEVELOPMENT TO SIGN ALL DOCUMENTS
RELATED TO THE SUBDIVISION REPLAT FOR THE
TRIANGLE HOUSING PROJECT IN THE
NORTHEAST NEIGHBORHOOD DEVELOPMENT
AREA
PROGRESS REPORTS
NEXT COMMISSION MEETING
South Bend Redevelopment Commission
Regular Meeting — September 3, 2010
9. ADJOURNMENT
There being no further business to come before the ADJOURNMENT
Redevelopment Commission, Ms. King made a motion
that the meeting be adjourned. Mr. Downes seconded
the motion and the meeting was adjourned at 10:25 a.m.
Donald E. Inks, Director
13
Claims
submitted Explanation of Project
REDEVELOPMENT COMMISSION
Redevelopment Commission Claims submitted September 17, 2010 for approval
305 FUND SBCDA BOND
ADG 6,700.00 Century Center Island Park Pavilion
Mike Fencing 4,080.00 Fence for Century Center Island
Wightman Petrie 19,825.00 William & Lafayette Traffic Analysis
324 AIRPORT AEDA
Abonmarche
Meridian Title Corporation
Dave Waszak
Eagle One
ADG
Hull & Associates, Inc
Meridian Title Corporation
Meridian Title Corporation
WITT Appraisal Services Inc
Abonmarche
DLZ
South Bend Tribune
SBD Reprographics
Abonmarche
DHA
DHA
DLZ
Abonmarche
Ken Herceg & Associates, Inc
Ken Herceg &Associates, Inc
Abonmarche
Wightman Petrie
Hathaway 2, Inc.
Flews Shadley Racher & Braum LLP
3,040.00 Mayflower Rd Sanitary Sewer
100.00 1503 -1505 S. Kemble
2,200.00 Appraisal
2,012.95 Blackthorne Golf Club
2,100.00 ITOSS Building Fagade Renovation
4,800.00 Oliver Industrial Park Area C
27,394.00 Wire Transfer Relocation of 1514 S Chapin St to 2114 S Webster
200.00 S09 - 601 W Indiana Ave
700.00 Appraisals 1534 -1536 Prairie Ave
3,040.00 Mayflower Rd Sanitary Sewer
11,010.00 Engineering expansion of Olive /Pine Rd Corridor Ph 1
103.88 2020/2026 S Main St.
201.70 EMI Building
2,000.00 Brick Rd - Dylan Dr Intersection Improvement Study
5,985.00 Western Edge Oliver Industrial
26,222.00 Mayflower Rd from Cleveland to Brick Rd
24,150.00 Trade Rd
24,200.00 Redesign of Jefferson & Niles in East Bank
500.00 Commerce Dr. & Voorde Dr. Extensions
10,000.00 Sheridan Ave & Lincoln Way west design
4,000.00 Mayflower Road Sanitary Sewer
3,015.00 2026 S Main
7,569.00 Plan for Ignition Park
622.30 Legal Service
420 FUND TIF DISTRICT - SBCDA GENERAL
Indiana Michiean Power
258.93
329 S Lafayette Blvd
Indiana Michigan Power
7.49
325 S Lafayette Blvd
South Bend Water Workers
37.40
325 S Lafayette Blvd
Meridian Title Corporation
200.00
318 E Colfax Ave Search & Exam
Wightman Petrie
1,563.93
Fred's Transmission Clutch
Wightman Petrie
147.50
Coverleski Stadium Improvements
426 FUND SOUTH BEND CENTRAL MEDICAL DISTRICT
DLZ
430 FUND SOUTHSIDE DEVELOPMENT TIF AREA #A
South Bend Tribune
SBD Reprographics
Christopher B. Burke
22,045.00 Engineering Work with Memorial Hospital
88.50 Erskine Detention Pond Reconstruction
319.88 Erskine Detention Pond Reconstruction
3,428.50 Erskine Detention Pond Relocation
$ 223,867.96
RESOLUTION NO. 2754
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING TAX INCREMENT FINANCING REVENUES FROM
ALLOCATION AREA NO. 1 FUND FOR THE PAYMENT OF CERTAIN
OBLIGATIONS AND EXPENSES RELATED TO THE SOUTH SIDE DEVELOPMENT
AREA ALLOCATION AREA NO. 1
WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the
governing body of the Department of Redevelopment of the City of South Bend, Indiana (the "City ")
and the City of South Bend, Indiana, Redevelopment District, exists and operates under the
provisions of Indiana Code § 36 -7 -14, as amended (the "Act "); and
WHEREAS, on November 1, 2002, the Commission adopted Resolution No. 1914 (the
"Declaratory Resolution ") declaring the South Side Development Area (the "Area ") to be an area
needing redevelopment within the meaning of the Act and designated the Area as the South Side
Development Area Allocation Area No. 1 ( "Allocation Area No. I") for purposes of tax increment
financing pursuant to the Act; and
WHEREAS, on November 19, 2002, the Area Plan Commission of St. Joseph County ( "Plan
Commission ") issued its written order approving the Declaratory Resolution by the adoption of Plan
Commission Resolution 142 -02, in accordance with Indiana Code § 36- 7- 14-16; and
WHEREAS, on November 25, 2002, the Common Council of the City approved the order of
the Plan Commission through the adoption of Common Council Resolution No. 3136 -02; and
WHEREAS, on December 20, 2002, the Commission held a duly noticed public hearing, in
accordance with Indiana Code § 36-7 -14-17 and Indiana Code § 5 -3 -1; and
WHEREAS, following said hearing, the Commission adopted Resolution No. 1928
confirming the Declaratory Resolution; and
WHEREAS, the Declaratory Resolution created the South Side Development Area
Allocation Area No. 1 Fund ( "Allocation Area No. 1 Fund ") for the purpose of depositing into such
fund tax increment revenues allocated to the Commission and resulting solely from the increase in
the assessed value of real property and improvements thereon located in Allocation Area No. 1
pursuant to Indiana Code § 36- 7- 14- 39(b)(1) and from the proceeds from the sale or leasing of
property in the Area under Indiana Code § 36- 7- 14-22, all in accordance with Indiana Code § 36-7-
14-26; and
WHEREAS, the Commission desires to pay certain expenses incurred by it or the City for
local public improvements that are in or serving Allocation Area No. 1 from funds remaining in the
Allocation Area No. 1 Fund, in accordance Indiana Code § 36- 7- 14- 39(b)(2) and certain other
expenditures incurred by the Commission in accordance with Indiana Code § 36- 7- 14- 39(b)(2); and
WHEREAS, the expenditures incurred or anticipated to be incurred by the Commission
proposed to be paid with funds from Allocation Area No. 1 Fund are described on the attached
Exhibit A; and
WHEREAS, the proposed appropriations from Allocation Area No. 1 Fund are not for the
operating expenses of the Commission; and
WHEREAS, such appropriations are subject to the provisions of Indiana Code § 6- 1.1 -18 -5;
and
WHEREAS, on January 15, 2010, the Commission adopted Resolution 2624 appropriating a
total amount of One Million Two Hundred Thousand and 00 /100 Dollars ($1,200,000.00); and
WHEREAS, on August 27, 2010 the Redevelopment Commission adopted Resolution 2754
setting a public hearing to amend said appropriations for 10:00 a.m. on September 17, 2010 and
authorizing the Secretary of the Commission to duly publish notice of said hearing; and
WHEREAS, the Secretary of the Commission has caused notice of said hearing on said
appropriations to be published in accordance with law; and
WHEREAS, such public hearing was held at the Commission's meeting at 10:00 a.m. on
September 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601, at which all taxpayers and interested persons had an opportunity to appear and
express their views as to such additional appropriations; and
WHEREAS, the Commission now desires to approve said appropriations in a total amount of
an additional One Million Four Hundred Thousand and 00 /100 Dollars ($1,400,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. The Commission hereby finds that there are insufficient funds available or provided
for in the existing budget and tax levy which may be applied to such expenses and the expenditure of
such amount from Allocation Area No. 1 Fund.
2. The funds from Allocation Area No. 1 Fund in the amount of an additional One
Million Four Hundred Thousand and 00 /100 Dollars ($1,400,000.00) are hereby appropriated for the
purpose of paying the expenditures described at Exhibit A.
3. Such appropriations shall be in addition to all the appropriations provided for in the
existing budget and levy and shall continue in effect until the completion of the activities described
herein. Any surplus of such proceeds shall be credited to the proper fund as provided by law.
4. The President and /or the Secretary of the Commission are hereby authorized and
directed to certify a copy of this Resolution together with such other proceedings and actions as may
be necessary to the St. Joseph County Auditor for certification to the Indiana Department of Local
Government Finance for the purpose of obtaining its approval of the appropriations herein made.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
September 17, 2010 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend,
Indiana 46601.
ATTEST:
Signature
Printed Name and Title
SOUTH BEND REDEVELOPMENT
COMMISSION
Signature
Printed Name and Title
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
(�C-C)
PHONE 574 /235 -9371
FAx 574/235 -9021
TDD 574/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
September 17, 2010
To: Redevelopment Commissioners
From: Kaye Trowbridge, Community Development
RE: Type of Loan
Amount of Loan Request
Grant
Loan Client
Property Street Address
Property City, State, Zip Code
South Bend Home Improvement Program
$2,950.00
$2,788.50
Garland & Carla Smith
207 S. Sheridan Street
South Bend, IN 46619
We are submitting for your review and approval the above application. This transmittal includes
the following:
1. Final Application
2. Contractor's Bids- Tri -M Construction
3. Agreement for Supervision
If you have any questions, please contact me at 235 -9660.
APPROVED
Donald Inks
Director
Department of Redevelopment
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
f- \users \sh 'r'� #A, jp §b \transmit DONALD E. INKS MANAGEMENT
57 / 3 -9 6 574/235 -9371 ELIZABETH LEONARD
FAx: 574/235 -9697 574/235 -9371
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
PHONE 574/ 235 -9371
FAx 574/235 -9021
TDD 574/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
.JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
Community Development
SOUTH BEND HOME IMPROVEMENT PROGRAM
Loan Application
Applicant's Name Garland Smith 207 S. Sheridan Street South Bend_ IN 46619 56
Name Address City /State /Zip
Age
Co- Applicant's Name Carla A. Smith 207 S. Sheridan Street South Bend, IN
46619 50
Name Address City /State /Zip
Age
PLEASE NOTE: Hereafter Individual and joint applicants will be referred to as the "applicant ".
$2,680.21
Age of Dependents: _ _ _ _ _ Total Number of Dependents:
0
PROJECTED LOAN TOTAL
4. Total Monthly Fixed Charges
1. Rehabilitation Cost
A. Amount for Construction Work $5,070.00
B. Unexpected Costs (10% of line 1A) $507.00
Balance (line 1 minus line 5)
C. Title Report, Recording Fees
$1,977.43
Credit Report, Legal Fees, etc. $146.00
D. Amount of Mortgages Being Refinanced
COMMUNITY DEVELOPMENT
E. TOTAL (sum of lines 1A through 1D) 1E
$5,723.00
2. Funds to be Furnished From Other Sources
DONALD E. INKS MANAGEMENT
A. Grant Funds To Be Furnished (SBHIP grant)
$2,788.50
B. Other Funds To Be Furnished ( )
C. TOTAL (line 2A +2B) 2C
$2,788.50
3. Line 1E Minus Line 2C 3
$2,934.50
4. TOTAL AMOUNT OF APPLIED LOAN (line 3 rounded to the next highest $50)
$2,950.00
Interest Rate Per Annum 0% Number of Months 48
Monthly Payments of Principal and Interest (Do not round)
$61.46
Age of Structure Remaining Economic Life "As -Is" Value "After Rehab" Value
TOTAL LOAN PAYMENTS
1. Total Gross Monthly Income
2. Monthly Housing Expense
$728.71
$2,680.21
3. Liabilities
$174.00
4. Total Monthly Fixed Charges
$1,074.72
5. TOTAL (lines 2, 3 & 4)
Balance (line 1 minus line 5)
$1,977.43
$702.78
COMMUNITY DEVELOPMENT
ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER
DONALD E. INKS MANAGEMENT
574/235 -9660
574/235 -9371 ELIZABETH LEONARD
Fax: 574/235 -9697
574/235 -9371
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH
COMMUNITY &
-9371
•9021
•5567
Property Address: 207 S. Sheridan St
Property Owners: Garland & Carla Smith 287- 2523(H) 286 -3934 (Carla Cella
Date: August 26, 2010
Inspector: Jeff Youns
Program: Home Repair& Improvement Program
Bid Specifications
Roof garage and porch roofs)
1 rJ Tear -off all roof coverings down to bare wood deck on all surfaces. Replace or repair all
deteriorated framing members and sheeting to provide level and adequate nailing surface for new roofing. On
all areas install 7/16" OSB sheathing over decking, then with new "TITANIUM -UDL" Synthetic Roof
Underlayment or approved equal, premium (1 -1/2 ") metal drip edge along all roof edges, appropriate pipe
boots and Owens Corning or Cora -Vent brand corrugated vinyl roof ridge vent for proper attic ventilation,
needed transition flashing, step and counter flashing at vertical transitions. Install Ice & Water shield along
roof eaves and in valleys. Install 235 -240 lb. Oakridge dimensional, or GAF Timberline dimensional or
approved equal on all pitched roof surfaces and Liberty SBS Self - Adhering roof system using the 2 -ply
installation method or a one ply EPDM rubberized roof system or an approved equal on low slope areas.
Cap shingles are to be an exact color match and are to be manufactured by the same company as shingles.
Gutte
2 0 Furnish and install new white or brown .027 ga. aluminum seamless gutters and downspouts
on home. Gutters and downspouts shall be hung and secured in a manner that effectively carries away storm
water. Down spouts shall be installed so all gutters are serviced by at least one. Install minimum 60"
downspout extension with elbows at terminal ends of each downspout, all are to extend at least to lawn areas.
Cover all with new metal leaf ward (expanded aluminum, 4' sections with rigid mounting flanges)
s.P 0 TOTAL
CoiymfuNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANciAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235 -9660 574/235 -9371 ELIZABETH LEONARD
FAX: 574/235 -9697 574/235 -9371
AGREEMENT FOR SUPERVISION OF REAL PROPERTY
REHABILITATION
This Agreement is entered into by and between the City of South Bend
Redevelopment Commission and Garland 8s Carla Smith (Owner), residing at 207 S.
Sheridan Street, South Bend, IN 46619.
1. Owner has entered into an agreement with City of South Bend -
Redevelopment Commission dated September 17, 2010 for a Home Improvement
Loan in the amount of Two Thousand Nine Hundred Fifty &, 00/ 100 ($2,950.00) to be
used for the sole purpose of rehabilitating the premises commonly known as 207 S.
Sheridan Street, South Bend, IN, 46619 and more full described as:
Lot 273 Garden Village 2nd Unit
2. Owner has entered into an Agreement for Rehabilitation of Real Property
dated with Tri -M Construction (Contractor) for the rehabilitation of
said premise.
3. Owner & Commission hereby authorizes the Division of Community
Development to monitor and inspect the rehabilitation work, to approve or disapprove
Contractor's performance, to approve or disapprove proposed changes, to issue stop
work orders when Supervisor determines that such action is in the Owner's best
interest and to perform all other acts necessary to insure that Contractor fulfills its
obligations under the Agreement for Rehabilitation of Real Property, including all
terms and conditions thereof.
4. Owner & Commission hereby authorizes the Supervisor to disburse the
proceeds of Owner's Home Improvement Loan to pay the costs of rehabilitation
performed at the above described premises, pursuant to the Agreement for
Rehabilitation of Real Property. Disbursement of said loan proceeds shall be made
pursuant to the terms and conditions of said Agreement for Rehabilitation of Real
Property.
Executed this 17th day of September, 2010.
OWNER
Garland Smith
Carla A. Smith
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
City of South Bend
- Redevelopment Commission
Before me a Notary Public, personally appeared
and acknowledge execution of the foregoing agreement
this 17th day of September, 2010.
My Commission Expires: January 7, 2015
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Cheryl K. Phipps, Notary Public
Residing in St. Joseph
County, Indiana
Before me a Notary Public, personally appeared Garland Smith and Carla A.
Smith and acknowledge execution of the foregoing agreement this day of
September, 2010.
My Commission Expires: February 6, 2016
Kaye Trowbridge - Notary Public
Residing in St. Joseph
County, Indiana
�13 C�J
RESOLUTION NO. 2766
A RESOLUTION APPROVING AN APPLICATION FOR
PERSONAL PROPERTY TAX DEDUCTION
WHEREAS, I.C. 6- 1.1- 12.1 -2(1) provides that an application for property tax deduction may not be
approved when the property is located in an allocation area as defined. in I.C. 36- 7- 14 -39, unless the
Redevelopment Commission which designated that allocation area adopts a resolution approving that
application; and
WHEREAS, the South Bend Common Council has received a petition for five (5) years of personal
property tax abatement consideration from Steel Warehouse Company, LLC and Affiliates and Equipment
Lessors for personal property located at 2722 W. Tucker Drive in the South Bend Airport Economic
Development Area, the legal description of which is attached hereto, marked Exhibit "A" and incorporated
herein; and
WHEREAS, this Commission declared the South Bend Airport Economic Development Area by
Resolution No. 919, adopted February 23,1990, and in the same resolution declared the South Bend Airport
Economic Development Area, Allocation Area No. 1; and
WHEREAS, the property located at 2722 W. Tucker Drive is located within the South Bend Airport
Economic Development Area, Allocation Area No. 1;
Zone;
WHEREAS, the property located at 2722 W. Tucker Drive is located within the Urban Enterprise
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows:
1) The Commission finds that the application from Steel Warehouse Company, LLC and Affiliates
and Equipment Lessors for five (5) years of personal property tax abatement consideration for properties
located at 2722 W. Tucker Drive in the South Bend Airport Economic Development Area, Allocation Area
No. 1, should be and is hereby approved.
2) Should the Company receive the Enterprise Zone Investment Deduction under I.C. 6- 1.1 -45 for the
same property, this Tax Abatement designation shall become null and void. The Company may not receive an
economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6 -1.1-
45 for the same property.
3) That a copy of this resolution be forwarded to the South Bend Common Council to indicate the
Commission's approval of the petition for personal property tax abatement for Steel Warehouse Company, LLC
and Affiliates and Equipment Lessors.
Approved this 17th day of September 2010 , at the regularly scheduled meeting of the South Bend
Redevelopment Commission.
SOUTH BEND REDEVELOPMENT COMMISSION
ATTEST:
EXHIBIT A
LEGAL DESCRIPTION
Description: See the attached Exhibit A
Tax Key No.: 018 - 8075 -2838; 2839; 2843; 2844.03; 2844.04; 2844.06; 2845.01; 2845.02;
2845.03
Address: 2722 W Tucker Dr., South Bend, IN
EXHIBIT A
LEGAL DESCRIPTION
Description: See the attached Exhibit A
Tax Key No.: 018- 8075 -2838; 2839; 2843; 2844.03; 2844.04; 2844.06; 2845.01; 2845.02;
2845.03
Address: 2722 W Tucker Dr., South Bend, IN
EXHIBIT A
A part of the South 'h of the Northwest 1/4 of Section 15, Township 37 North,
Range 2 East in the City of South Bend, St. Joseph County, Indiana, described as
follows:
Beginning at a point on the East line of the Southwest 114 ofthe Northwest 114 of
said Section 15, 580.64 feet South of the Northeast comer of said Southwest 114
of the Northwest 114, said point being 172.0 feet North of the North right of way
line of the Indiana Northern Railway Company; thence Westerly parallel with
said North right -of -way line 565 feet to the Southwest comer of a tract of land
conveyed to Stanley Enterprises, Inc. By a deed recorded October 16 , 1993 in
Deed Record 777, page 226; thence North along the West line of said Stanley
Enterprises, Inc. tract, said line being parallel with the East line of said Southwest
114 of the Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence
West along the South line of Tucker Drive 215.93 feet; thence South parallel with
said Fast tine of the Southwest 1/4 of the Northwest 1/4, 495.90 feet to the North
right -of -way line of the Indiana Northern Railway Company; thence Easterly
along said North right -of -way line, 860.23 feet to the West edge of Steel
Warehouse Co. Inc.'s building; thence North along said West edge of building,
172.0 feet; thence Westerly parallel with the North right -of -way line of the
Indiana Northern Railway Company, 79.3 feet to the poem of beginrdng,
containing 5.0 acres, more or less.
A part of the Southwest Quarter of the Northwest Quarter of Section 15,
Township 37 North, Range 2 East in the City of South Bend, Indiana, more
particularly described as follows:
Beginning at a point 260 feet South and 25 feet West of the Northeast comer of
said Southwest Quarter of the Northwest Quarter, thence West 540 feet; thence
South parallel with the East line of said Southwest Quarter of the Northwest
Quarte , 324.25 feet to a point 172 feet North of the North line of the right -of -way
of the Indiana Northern Railway Company; thence East parallel with said North
line of said right -of -way, 540 feet; thence North parallel with the East line of said
Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of
beginning.
A tract of land in the West Half ('/Y) of the Northwest Quarter (1/4) of Section
Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within
and a part of the City of South Bend, St. Joseph County, Indiana, more
particularly described as follows:
Beginning at the center of the Northwest Quarter (1 /4) of said Section Fifteen
(IS); thence South along the Norther and South center line of said Quarter Section
Two Hundred Twenty (220) feet to the North line of Tucker Drive; thence West
along said North line to the West line of said Section Fifteen (15); thence North
along said West line One Hundred Twenty -eight and One Tenth (128.1) feet,
more or less, to a line Two Hundred Fifty (250) feet by rectangular measurement
Southeasterly from said original centerline of the New York Central Railroad
right -of -way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet
by rectangular measurement Southeasterly from said original centerline of the
New York Central Railroad right -of -way, Seven Hundred Twenty-seven and One
One - Hundredth (727.01) feet, more or less, to a point on the East line of the
Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the Northwest Quarter
(114) of Section Fifteen (15); thence Southerly along said East line One Hundred
Ninety-nine and Eighty -six Hundredths (199.86) feet, more or less, to the South
line of the Northwest Quarter (1/4) of the Northwest Quarter (114) of Section
Fifteen (15); thence East along said South line Six Hundred Sixty -three and Fifty -
two hundredths (663.52) feet, more or less, to the place of beginning, excepting
Thirty (30) feet offthe East side thereoffor purposes ofa public highway.
A lot or parcel of land situated in the Northwest Quarter of Section 15, Township
37 North, Range 2 East, now within and a part of the City of South Bend,
bounded by a line running as follows, to -wit: Beginning at a point on the North
line of the Southeast Quarter of the Northwest Quarter of said Section 15, 600 feet
West of the Northeast corner of the Southeast Quarter of the Northwest Quarter of
said Section 15; thence running West along said North line a distance of 725.8
feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter,
thence South a distance of 220 feet, more or less, to the North line of a 40 foot
road known as Tucker Drive; thence East along the North fine of said roadway to
a point due South of the place of beginning; thence North to the place of
beginning. Together with and subject to an easement over the 40 foot roadway
lying immediately South of the above described real estate known as Tucker
Drive, and extending Eastward to Ofive Street.
Part of the Southeast Quarter (114) of the Northwest Quarter (114) of Section
Fifteen (15), Township Thirty -seven (37) North, Range Two (2) East, now within
and a part of the City of South Bend, described as beginning at a point 260 feet
South of the Northwest corner of the Southeast Quarter (1/4) of the Northwest
Quarter (1/4) of said Section Fifteen (15); thence South 492.9 feet to the North
line of the right -of -way of the Indiana Northern Railroad; thence East along the
said North line of the right -of -way of the Indiana Northern Railroad 305 feet;
thence North 492.9 feet; thence West 305 feet to the place of beginning.
Together with a right -of -way over a 40 foot roadway North of and adjoining the
aforedescribed tract, and continuing Easterly to Olive Street, which said 40 foot
roadway is now commonly known as Tucker Drive in said City of South Bend.
The East Half of the South East Quarter of the North East Quarter of Section No.
16, Township No. 37 North, Range No.2 East, containing 20 acres, more or less,
and being Lot No. 16 in the Sub - division of said Section No. 16, and now within a
pan of the City of South Bend, excepting therefrom the following:
The original right -of -way across, the North West comer heretofore
conveyed by Joseph B. Arnold, to the Indiana Illinois, and Iowa Railway
Company by Warranty Deed dated August 21, 1894, and recorded in Deed
Record 95, page 553, of the records of St. Joseph County, Indiana; and
excepting second the following: Beginning at a point on the West line of
said Lot Numbered 16, where the same is intersected by the South
Easterly line of said original right -of -way, thence running South on the
west line of Lot Numbered 16, 219 feet, more or less, to a point distant
250 feet by rectangular measurement from the original center line of said
right -of -way; thence North Easterly parallel with and 250 feet distant by
rectangular measurement from the original center line of said right -of -way
a distance of 733.3 feet, more or less, to a point on the East line of said
Section No. 16, thence North on said East line, a distance of 105.5 feet,
more or less, to the North East corner of said Lot No. 16; thence West
along the North line of said Lot No. 16, thence North on said East line, a
distance of 105.5 feet, more or less, to the North East corner of said Lot
No. 16; thence West along the North line of said Lot No. 16, a distance of
254.5 feet, more or less, to the intersection with the said Easterly line of
said original right -of -way; thence South Westerly with said Easterly fine a
distance of 454.5 feet, more or less, to the place of beginning, containing
3.04 acres, more or less; excepting third, all that part of said Lot No. 16
which lies South of the North line of the right -of -way of the St. Joseph,
South Bend and Southern Railroad Company, excepting fourth, a strip of
land 70 feet wide North and South lying next north of and adjoining the
right -of -way of the St. Joseph, South Bend and Southern Railroad
Company; excepting further that a strip of 40 feet in width, North and
South, and being a extension of Tucker Drive, shall be established through
the Northerly part of said tract and dedicated to the public as a highway,
which said extension shall extend to the right -of -way of the New York
Central Railroad Company.
All that part of the Southwest Quarter of the Northwest Quarter of Section
15, Township 37 North, Range 2 East, described as follows: Beginning at
a point 260 feet South and 330 feet West of the Northeast comer of the
said Southwest Quarter of the Northwest Quarter; thence West 996.08 feet
to the West line of said section; thence South 498.35 feet to the North fine
of the right -of -way of the Indiana Northern Railway Company; thence
Easterly along the said Northerly line of said Indiana Northern Railway
Company a distance of 996.08 feet, more or less, to a point on the
Northerly line of the said Indiana Northem Railway Company South of
the place of beginning; thence North to the place of beginning.
Beginning in the center line of Olive Street in said City at a point Seven
Hundred Eighteen and twenty -five hundredths (718.25) feet South of the
North line of said Section No. 15, said point of beginning being on the
Southerly line of a strip of land Fifty (50) feet wide reserved for the right
of way of the Indiana Northern Railroad Company thence running South
on the center line of Olive Street, a distance of Six Hundred Eight and
fifteen- hundredths (608.15) feet to the South east corner of said North East
quarter of the North West quarter of Section No. 15; thence running West
on said South line, a distance of Thirteen Hundred twenty-seven (1327)
feet to the West line of said quarter quarter Section, thence North on said
West line, a distance of Four Hundred Ninety -three and four hundredths
(493.04) feet to the Southerly line of said parcel deeded by said Grantors
to the New York central Railway Company; thence North Easterly along
the Southerly line of said last named parcel to a point on the South line or
the right of way of the Indiana Northern Railroad Company due West of
the place of beginning; thence East ten hundred Fifty -seven and Thirteen
hundredths (1057.13) feet, more or less, to the place of beginning, and
containing Seventeen and seven hundred Sixty -one thousandths (17.761)
acres, exclusive of Olive Street.
All that part of the East Half of the North West Quarter of the North West Quarter
Of Section No. 15, Township No. 37 North, Range No. 2 East, that lies South of
the right -of -way of the Indiana, Illinois, and Iowa Railroad Company (now New
York Central Railroad), now within and a part of the City of South Bend;
excepting therefrom a lot or parcel of land bounded as follows:
Beginning at the intersection of the South Easterly line of said right -of -way and
the East line of the East Half of the Northwest Quarter of the North West Quarter
of said Section No. I5, thence running South Westerly along the South Easterly
line of said right -of -way to the West line of the East Half of the North West
Quarter of the North West Quarter of said Section; thence running South 219 feet,
more or less, to a point; thence North Easterly parallel with and 219 feet South of
the Southerly line of said right -of -way to the East line of the East Half of the
North West Quarter of the North West Quarter of said Section No. 15; thence
North 219 feet, more or less, to the place of beginning,
r,!.; in Clark's C'frce
F_ -- - 3
i 2010
And which has Tax Key Numbers 018-8075-2838; 2839; 2843; 2844.03; 2844.04; 2844.06; 2845.01;
TAX A BA TEMENT REPOR T
TO: SOUTH BEND REDEVELOPMENT COMMISSION
FROM: KATHY HAHN
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITIONS FOR:
STEEL WAREHOUSE COMPANY, LLC and AFFILIATES and
EQUIPMENT LESSORS
2722 W. TUCKER DRIVE
DATE: September 7, 2010
On September 3, 2010, a petition for personal property tax abatement consideration for
property located at 2722 W. Tucker Drive was filed with the City Clerk by Steel Warehouse
Company, LLC, et al. Pursuant to Chapter 2, Article 6, Section 2 -77 of the Municipal Code of the
City of South Bend, the petition was referred to the Department of Community and Economic
Development for purposes of investigation and preparation of a report determining whether the areas
qualify as Economic Revitalization Areas pursuant to I.C.6 -1.1 -12.1 and whether all zoning
requirements have been met.
The Department of Community and Economic Development has reviewed the petition,
investigated the area and makes the following report. The report reviews and summarizes the
request from Steel Warehouse Company LLC for the personal property abatement.
PROJECT SUMMARY
Steel Warehouse Company LLC is a steel service center with a primary focus on flat rolled,
low carbon steel with operations involving slitting, leveling, pickling, shearing, temper rolling, and
cold reducing. The petitioner also supplies profiling parts through its plasma and laser cutting
operations. In connection with its operations, the company takes substantial positions in steel and
steel products for the future sale and marketing of the same to its customers.
The abatement request for personal property at 2722 W. Tucker involves the acquisition of
South Bend Redevelopment Commission
RE: Steel Warehouse (Personal Property Abatement)
September 7, 2010
Page 2
equipment for manufacturing, servicing, processing and material handling of steel and steel
products, having a total cost expected to be from $1,000,000 to $2,500,000. The acquisition will
enable the company to add capacity to and to modernize its existing manufacturing equipment and
facilities at this location.
Total taxes to be abated during the five -year (5) abatement period are estimated to be
between $6,445 and $16,113. Total taxes to be p@Jd during the five -year (5) abatement period are
estimated to be between $67,999 and $169,997.
EMPLOYMENT IMPACT
Per the petition, it is estimated that the project will create four (4) to seven (7) new
permanent full time jobs at the Tucker location representing a new annual payroll of $134,500 to
$232,600.. The project is also expected to retain a total of four (4) full -time jobs, representing an
annual payroll of $133,120 at the facility.
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted finds that the petitioner has been granted the
following previous tax abatements:
Term/Type
Resolution No.
Date
5 year personal property
1169 -84
June 25, 1984
5 year personal property
1432 -86
Sept. 8, 1986
5 year personal property
1674 -88
Nov. 28, 1988
10 year real property
1964 -92
July 27, 1992
5 year personal property
1965 -92
July 27, 1992
10 year real property
2157 -94
July 11, 1994
5 year personal property
2158 -94
July 11, 1994
10 year real property
2371 -96
June 24, 1996
5 year personal property
2372 -96
June 24, 1 996
10 year real property
2496 -97
August 25, 1997
5 year personal property
2495 -97
August 25, 1997
5 year personal property
2714 -99
March 22, 1999
10 year real property
2798 -99
Oct. 11, 1999
5 year personal property
2896 -00
June 26, 2000
10 year real property
2895 -00
June 26, 2000
South Bend Redevelopment Commission
RE: Steel Warehouse (Personal Property Abatement)
September 7, 2010
Page 3
5 year personal property
3035 -01
Sept. 24, 2001
10 year real property
3036 -01
Sept. 24, 2001
5 year personal property
3380 -04
Sept. 27, 2004
5 year real property
3381 -04
Sept. 27, 2004
5 year personal property
3382 -04
Sept. 27, 2004
5 year personal property
3791 -07
Sept. 24, 2007
5 year personal property
3792 -07
Sept. 24, 2007
5 year personal property
3793 -07
Sept. 24, 2007
5 year personal property
3995 -09
Oct. 26, 2009
The petitioner is in compliance with the reporting requirements for the previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be properly
zoned for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property located at
2722 W. Tucker Drive is• located in the Sample Ewing Development Area, which is a Tax
Increment Allocation Area; therefore, the petition for personal property tax abatement for that
location must first be approved by the South Bend Redevelopment Commission.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a five (5) year personal property tax abatement under Section 2 -84.2 (Tangible
Personal Property Tax Abatement) for the 2722 W. Tucker Drive location. Therefore, staff
recommends that the Redevelopment Commission approve Resolution No. .
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RESOLUTION NO. 2767
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
SETTING A PUBLIC HEARING ON THE APPROPRIATION OF TAX INCREMENT
FINANCING REVENUES FROM VARIOUS ALLOCATION AREAS FOR THE
PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THEIR
RESPECTIVE ALLOCATION AREAS AND OTHER RELATED MATTERS
WHEREAS, the South Bend Redevelopment Commission (the Commission "), the governing
body of the Department of Redevelopment of the City of South Bend, Indiana (the "City ") and the City of
South Bend, Indiana, Redevelopment District (the "District "), exists and operates under the provisions of
Indiana Code § 36 -7 -17, as amended (the "Act "); and
WHEREAS, the Commission, from time to time, has declared, confirmed and established
allocation areas for areas needing redevelopment and economic development areas within the District for
purposes of tax increment financing pursuant to the Act; and
WHEREAS, the Commission has further created allocation area funds for the purpose of receiving
tax increment financing revenues received from the allocation areas; and
WHEREAS, there have been presented to the Commission Resolution No. 2768 appropriating the
funds from various allocations areas of the District (collectively, the "Resolutions "): and
WHEREAS, the Commission desires to appropriate the allocation area funds to pay certain
expenses incurred by it or the City for local public improvements that are in or serving their respective
allocation areas, which appropriations are set forth in more detail in the Resolutions; and
WHEREAS, such appropriations are subject to the provisions of Indiana Code § 6- 1.1 -18 -5; and
WHEREAS, the proposed appropriations are not for the operating expenses of the Commission;
and
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. The Commission desires to approve the use of the funds of the various allocation areas, as set
forth in their respective Resolutions, which allocation areas, resolutions and not -to- exceed appropriation
amounts are set forth below:
Allocation Area and Fund Resolution No. Not -to- Exceed
South Bend Central Development Area, (South Resolution No. 2768 $750,000
Bend Allocation Area No. 1A) Special Fund
2. The President and Secretary of the Commission are each hereby authorized and directed to take all
necessary steps to obtain the approval of the expenditures of such funds pursuant to Indiana Code
§ 6- 1.1 -18 -5, including the publication in accordance with Indiana Code § 5 -3 -1 of notice of a hearing on
the appropriation of such funds to be held at 10:00am on October 15, 2010, at 1308 County -City Building,
227 West Jefferson Boulevard, South Bend, Indiana 46601.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on September 17,
2010 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT COMMISSION
Signature
Printed Name and Title
ATTEST:
Signature
Printed Name and Title
F .•IDATAISHAREIECONDEMOrdinances Resolutions12010 Appropriation Ords Pub Hrg Notice Res 2767 2010 T1FAdd7 Approps.doc
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RESOLUTION NO. 2774
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF CERTAIN LOCAL
PUBLIC IMPROVEMENTS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2010,
AND ENDING DECEMBER 31, 2010, INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
WHEREAS, the South Bend Redevelopment Commission is the lessee of certain local public
improvements which, during calendar year 2010, realize revenues and incur expenses in connection with the
operation and maintenance of the same; and
WHEREAS, the South Bend Redevelopment Commission has determined that it is necessary to
appropriate the revenues of certain public improvements in order to defray the expenses of those local public
improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. For the expenses of the South Bend Central Development Area Building Operations Budget
Fund 425 (which currently includes Leighton Plaza Retail Space, Leighton Plaza Courtyard and Wayne Street
Garage Retail Space), for the fiscal year 2010, the sums of money, as set forth in the budget which is made a part
hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes
hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to
include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by
law.
2. For the fiscal year ending December 31, 2010, the above referenced appropriations are made
within the South Bend Central Development Area Building Operations Budget Fund.
This resolution shall be in full force and effect from and after its adoption.
Adopted at the Regular Meeting of the South Bend Redevelopment Commission held Friday, September
17, 2010, at 10:00 a.m., 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT COMMISSION
ATTEST:
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. , SOUTH 9
Community & Economic Development
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner
Subject: Professional Services Agreement — Danch Harner, Assoc.
Rink site, river walk legal description and drawing
Date: September 17, 2010
The attached Professional Services Agreement is a proposal from Danch, Harner &
Associates to do a legal description and drawing for the existing river walk that runs along
the western and southern boundary of the Rink site at Colfax & Sycamore streets.
When built, the river walk encroaches over the property line in several areas. In preparation
of finalizing the Contract for Sale of this property to East Bank South Bend Development,
for the construction of town homes along the river, the City needs to get an easement for
the river walk.
For the October 1, 2010 Commission meeting, staff and David Matthews hope to have the
addendum to the Contract for Sale ready for Commission approval. This addendum will
show the final site plan, building specifications, and the granting of this easement.
Total project services cost is $575. Staff requests a not -to- exceed amount of $1,000, in the
event any revisions would be required.
Staff requests approval of this Professional Services Agreement, to allow the preparation of
the necessary river walk legal description and drawing for this site.
What We Do Today Makes A Difference!
M14 Danch, Harner & Associates, .Inc.
MICHAEL J. RANCH, L.A.
RON HARNER, P,$.
Mr. Dave Relos
Staff Planner
Community and Economic Development Department
12`s Floor County -City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Land Surveyors . Professional Engineers
Landscape Architects . Land Planners
September 14, 2010
RE: Preparation of an Easement Survey for Kink Riverside site at the Northwest corner
of Sycamore Street and Colfax Avenue,
South Bend, Indiana:
Dear Mr. Relos:
I have reviewed the previously done survey work we provided to you for the Rink
Riverside property at the Northwest comer of Sycamore Street and Colfax Avenue, South
Bend, Indiana. I can use that survey work to prepare the easement legal description and
drawing for the existing sidewalk, retaining wall and boardwalk over the property which
is proposed to be sold.
The cost for the preparation of the easement legal and drawing for this site would be
$ 575.
With project approval, we could have the drawing sent by the week of September
27th. Any requested drawing revisions would be done at our standard hourly rates.
If you have any questions concerning this matter, please feel free to give me a call at
(574) 234 -4003.
Sincerely, Approved By:
Date:
ichael J. Danch�
President
Danch, Hamer & Associates, Inc.
"C" Dave Relos Easement Rink Riverside Md
1643 Commerce Drive ■ South Bend, IN 46628 208 West Mars a Berrlen Springs, MI 49103
office 57412344003 . 8001594 -4003 ■ Fax 574/234 -4119 once 2691471 -3010 • Fax 269/471.7237
Z 'd 611b bH bL5 .aauJPH y0"PC Wd 6b;10 0102- b1 -ddS
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Community & Economic Developments
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner'
Subject: Professional Services Agreement — Christopher Burke Engineering
236 E Sample block building demo
Date: September 17, 2010
On December 04, 2009, the Commission approved Resolution No. 2617, approving and
authorizing the execution of an Addendum to the Master Agency Agreement with the Board
of Public Works. This Addendum was for a new facade on Ivy Tech's building at 250 E.
Sample, and for the demolition of the cement block building at 236 E. Sample.
The new fagade at 250 E. Sample has been completed, and is quite impressive. Ivy Tech
is now ready for the cement block building to come down. The attached Professional
Services Agreement is a proposal from Christopher Burke Engineering (CBE) for an
asbestos study and demolition specifications for the block building at 236 E Sample Street.
CBE will study the building for asbestos, stake the property corners, and draw up specs so
the demolition can be quoted. This building appears to sit right on the property line on its
west and south sides, and will be a difficult building to bring down because of this.
In addition to an asbestos report and writing up the demo specs, CBE will oversee the
quoting process, and assist in the selection of the winning contractor.
Total project services cost is $6,250.
Staff requests approval of this Professional Services Agreement, to allow for the needed
asbestos report and demo specs to be completed for this property, so the demolition
process may proceed.
What We Do Today Makes A Difference!
CHRISTOPHER B. BURKE ENGINEERING, LTD.
National City Center Suite 1368 South 115 W. Washington St. Indianapolis Indiana 46204 TEL (317) 266 -8000 FAX (317) 632 -3306 TOLL FREE (888) 463.1974
—� September 13, 2010
David Relos
City of South Bend
Division of Economic Development
12th Floor County -City Building
South Bend, IN 46601
Subject: Demolition of the Building at 236 Sample Street
Professional Services Proposal
Dear Mr. Relos:
Christopher B. Burke Engineering, Ltd (CBBEL) is pleased to provide this proposal for
professional engineering services related to the Demolition of the Building at 236
Sample Street in the City of South Bend. The following is our understanding of the
assignment, scope of services, and estimated fee in support of the project.
UNDERSTANDING OF THE ASSIGNMENT
The Demolition Project is located at 236 Sample Street in South Bend. Under the
direction of the Ivy Tech Community College, the City is assisting with the demolition
process in order to provide additional parking for their apprenticeship program. Such
activities are a cooperative effort among many agencies and organizations, including the
City of South Bend.
The project includes the preparation of an Asbestos Survey and locating of the property
corners in support of the proposed demolition, and the demolition project specifications.
The City will provide a copy of the Environmental Phase I and Alta Survey already
completed for the property. These two reports will be used in the preparation of the
quote documents.
SCOPE OF SERVICES
Services to be provided by CBBEL for this work have been identified as follows:
Task 1- Asbestos Survey
An Asbestos - Containing Building Material (ACBM) survey will be performed by our sub-
contractor, Phifer Environmental Services, LLC, (PES) a State of Indiana Certified
Christopher B. Burke Engineering Ltd. City of South Send: Demolition of the Building at 236 Sample St.
P01.080468.00001 Page 1
Asbestos Inspector. The survey will begin with a walk- through of the existing structure to
document the locations of friable and non - friable materials that may be present. Friable
materials are those that can be pulverized or reduced to powder by moderate pressure,
such as spray - applied fireproofing and acoustical materials, acoustical ceiling tiles and
most thermal system insulation. Non - friable materials are those that cannot be crumbled
easily, such as resilient floor tiles and cement asbestos (Transite) board. Although the
emphasis is on detecting friable materials, the possible presence of non - friable ACBM
must also be considered, since non - friable materials may be pulverized or otherwise
damaged and release asbestos fibers into the air during building demolition.
The next phase of the survey will involve the selection of sampling areas and sample
locations. Sample areas are typically grouped based on material homogeneity_ A
homogeneous area is one that contains suspect materials that appear by texture, color
and wear to be uniform and applied or installed at the same general time period. After
sampling areas have been determined and recorded, representative samples of suspect
materials will be collected. Only suspect material samples will be submitted for
laboratory analyses. Samples will be sealed in airtight containers, labeled, and
forwarded to an approved laboratory for analysis by the EPA - recommended method of
Polarized Light Microscopy coupled with dispersion staining.
Once sample analyses have been received, results will be reported as a Letter Report to
the City of South Bend. The requisite Indiana Department of Environmental
Management (IDEM), Notification of Demolition and Renovation Operations forms (with
documentation) will also be prepared for signature by an "authorized representative" of
the City of South Bend, and subsequent facsimile submittal to the Office of Air Quality.
Task 2 — Locate Property Corners / Staking
CBBEL will hire a sub - consultant to locate and stake the property corners to verify the
limits of the demolition.
Task 3 — Design Services / Demolition Bid Documents
CBBEL staff will design and prepare final bid documents for the project. Plans and
specifications will be prepared in accordance with City Standards and Specifications.
The bid documents will include recommendations provided in the Phase I Environmental
Report and Asbestos Survey to address the requirements of the regulatory agencies
involved with this demolition.
Specifications will be developed utilizing standard specifications and general conditions
provided by the City in addition to CBBEL standard specifications. Applicable conflicts
will be brought to your attention for your input.
CBBEL staff will provide an opinion of probable cost based on the final bid documents.
This opinion will be based on the judgment of CBBEL engineering staff, supplemented
by local construction project history information provided by the City.
Christopher B. Burke Engineering Ltd. City of South Send: Demolition of the Building at 236 Sample St.
13D P01.090468.00001 Page 2
Task 4 — Quote Services
CBBEL will provide six full copies of the final quote documents to the City prior to
quoting. CBBEL will coordinate the delivery of the documents to three contractors of the
City's choosing. CBBEL will assist the City in conducting a pre -quote conference at a
location of the City's choosing. CBBEL will address contractor questions and prepare
and issue addenda. Following quote opening, CBBEL will compile and certify quote
tabulation sheets and provide a contract award recommendation to the Owner. It is
assumed that City staff or representatives will coordinate the quote collection, quote
opening, and the preparation of the construction agreement.
EXCLUDED SERVICES
1. Site remediation design related to hazardous materials, soil or groundwater
contamination, underground storage tanks, or other environmental hazard.
2. Land acquisition services, right -of -way engineering, right -of -way management and
supervision, title work, appraisal problem analysis, appraising, review appraising,
buying /negotiations, or relocation services.
3. Archaeological investigations for the project areas or adjacent areas.
4. Construction staking for the selected contractor.
5. Construction Observation Services.
6. Landscape design services.
7. Utility relocation plans or design services.
SCHEDULE
Work will be completed within 21 days of the Notice to Proceed.
ESTIMATED FEE
We have estimated the total fee for these services to be $6,250. This total fee is
estimated to be divided between the Tasks as follows:
Sub - Contractor Services
Task 1 $ 600
(Phifer Environmental Services, LLC)
Task $ 400
(Wightman Petrie, Inc.)
CBBEL Services
Tasks 3 and 4 $ 4,950
Reimbursable Expenses (mileage printing) $ 300
Total $ 6,250
Christopher B. Burke Engineering Ltd. City of South Bend: Demolition of the Building at 238 Sample St.
P01.090458.00001 Page 3
THIS PROPOSAL, ESTIMATED FEE, SCHEDULE OF CHARGES FOR
PROFESSIONAL SERVICES, AND GENERAL TERMS & CONDITIONS FOR THE
DEMOLITION OF THE BUILIDING AT 236 SAMPLE STREET IS ACCEPTED BY THE
CITY OF SOUTH BEND, INDIANA — REDEVELOPMENT COMMISSION
ACCEPTANCE
The above contract is accepted this
Subject to the following conditions:
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVOPMENT
Signature
Printed Name and Title
day of
ATTEST:
Signature
Printed Name and Title
Enclosures: Standard Charges for Professional Services
General Terms and Conditions
2010
Christopher B. Burke Engineering Ltd. City of South Bend: Demolition of the Building at 236 Sample St,
P01.090468.00001 Page 5
CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
INDIANA PROJECTS
JANUARY 2010
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
"Charges include overhead and profit
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by
5% after December 31, 2090.
Christopher B. Burke Engineering, Ltd.
ffB
Charges*
Personnel
LtHrl
Engineer V1
210
Engineer V
188
Engineer IV
138
Engineer 111
125
Engineer 1111
102
Resource Planner V
138
Resource Planner IV
125
Resource Planner ill
109
Resource Planner 1111
98
Engineering Technician IV
125
Engineering Technician Ill
109
Engineering Technician 1/11
gg
CAD II
111
CAD 1
98
GIS.Specialist 111
109
GIS Specialist I /11
87
Environmental Resource Specialist V
138
Environmental Resource Specialist IV
125
Environmental Resource Specialist Ill
109
Environmental Resource Specialist I /11
98
Environmental Resource Technician
94
Administrative
67
Engineering Intern
53
Information Technician I /11
62
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
"Charges include overhead and profit
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by
5% after December 31, 2090.
Christopher B. Burke Engineering, Ltd.
ffB
CHRISTOPHER B. BURKE ENGINEERING, LTD.
GENERAL TERMS AND CONDITIONS
Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd.
(Engineer) shall serve as Client's professional engineer consultant in those phases of
the Project to which this Agreement applies. This relationship is that of a buyer and
seller of professional services and as such the Engineer is an independent contractor in
the performance of this Agreement and it is understood that the parties have not entered
into any joint venture or partnership with the other. The Engineer shall not be considered
to be the agent of the Client. Nothing contained in this Agreement shall create a
contractual relationship with a cause of action in favor of a third party against either the
Client or Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts
of failures to act shall be deemed to have accrued and the applicable statute of
limitations shall commence to run not later than the date of substantial completion.
Responsibility of the Engineer: Engineer will strive to perform services under this
Agreement in accordance with generally accepted and currently recognized engineering
practices and principles, and in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions. No other representation, express or implied, and no
warranty or guarantee is included or intended in this Agreement, or in any report,
opinion, document, or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or
any other material incorporated herein by reference, or in any Agreement between the
Client and any other party concerning the Project, the Engineer shall not have control or
be in charge of and shall not be responsible for the means, methods, techniques,
sequences or procedures of construction, or the safety, safety precautions or programs
of the Client, the construction contractor, other contractors or subcontractors performing
any of the work or providing any of the services on the Project. Nor shall the Engineer
be responsible for the acts or omissions of the Client, or for the failure of the Client, any
architect, engineer, consultant, contractor or subcontractor to carry out their respective
responsibilities in accordance with the Project documents, this Agreement or any other
agreement concerning the Project. Any provision which purports to amend this provision
shall be without effect unless it contains a reference that the content of this condition is
expressly amended for the purposes described in such amendment and is signed by the
Engineer.
3. Changes: Client reserves the right by written change order or amendment to make
changes in requirements, amount of work, or engineering time schedule adjustments,
and Engineer and Client shall negotiate appropriate adjustments acceptable to both
parties to accommodate any changes, if commercially possible.
4. Suspension of Services: Client may, at any time, by written order to Engineer
(Suspension of Services Order) require Engineer to stop all, or any part, of the services
required by this Agreement. Upon receipt of such an order, Engineer shall immediately
comply with its terms and take all reasonable steps to minimize the costs associated
with the services affected by such order. Client, however, shall pay all costs incurred by
the suspension, including all costs necessary to maintain continuity and for the
resumption of the services upon expiration of the Suspension of Services Order.
Engineer will not be obligated to provide the same personnel employed prior to
suspension, when the services are resumed, in the event that the period of suspension
is greater than thirty (30) days.
5. Termination: This Agreement may be terminated by either party upon thirty (30) days
written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. This
Agreement may be terminated by Client, under the same terms, whenever Client shall
determine that termination is in its best interests. Cost of termination, including salaries,
overhead and fee, incurred by Engineer either before or after the termination date shall
be reimbursed by Client.
6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project
Documents prepared by Engineer in connection with any or all of the services furnished
hereunder shall be delivered to the Client for the use of the Client. Engineer shall have
the right to retain originals of all Project Documents and drawings for its files.
Furthermore, it is understood and agreed that the Project Documents such as, but not
limited to reports, calculations, drawings, and specifications prepared for the Project,
whether in hard copy or machine readable form, are instruments of professional service
intended for one -time use in the construction of this Project. These Project Documents
are and shall remain the property of the Engineer. The Client may retain copies,
including copies stored on magnetic tape or disk, for information and reference in
connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer, Client understands
that information used in the preparation of record drawings is provided by others and
Engineer is not responsible for accuracy, completeness, nor sufficiency of such
information. Client also understands that the level of detail illustrated by record drawings
will generally be the same as the level of detail illustrated by the design drawing used for
project construction. If additional detail is requested by the Client to be included on the
record drawings, then the Client understands and agrees that the Engineer will be due
additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data
delivered in machine readable form may be altered, whether inadvertently or otherwise,
the Engineer reserves the right to retain the original tapes /disks and to remove from
copies provided to the Client all identification reflecting the involvement of the Engineer
in their preparation. The Engineer also reserves the right to retain hard copy originals of
all Project Documentation delivered to the Client in machine readable form, which
originals shall be referred to and shall govern in the event of any inconsistency between
the two.
The Client understands that the automated conversion of information and data from the
system and format used by the Engineer to an alternate system or format cannot be
accomplished without the introduction of inexactitudes, anomalies, and errors. In the
event Project Documentation provided to the Client in machine readable form is so
converted, the Client agrees to assume all risks associated therewith and, to the fullest
Further to the law and code compliance, the Client understands that the Engineer will
strive to provide designs in accordance with the prevailing Standards of Practice as
previously set forth, but that the Engineer does not warrant that any reviewing agency
having jurisdiction will not for its own purposes comment, request changes and /or
additions to such designs. In the event such design requests are made by a reviewing
agency, but which do not exist in the form of a written regulation, ordinance or other
similar document as published by the reviewing agency, then such design changes (at
substantial variance from the intended design developed by the Engineer), if effected
and incorporated into the project documents by the Engineer, shall be considered as
Supplementary Task(s) to the Engineer's Scope of Service and compensated for
accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of
this contract fee (for services) from loss or expense, including reasonable attorney's
fees for claims for personal injury (including death) or property damage to the extent
caused by the sole negligent act, error or omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or
expense, including reasonable attorney's fees, for claims for personal injuries (including
death) or property damage arising out of the sole negligent act, error omission of Client.
In the event of joint or concurrent negligence of Engineer and Client, each shall bear
that portion of the loss or expense that its share of the joint or concurrent negligence
bears to the total negligence (including that of third parties), which caused the personal
injury or property damage.
Neither Client nor Engineer shall be liable to the other party for special, incidental or
consequential damages, including, but not limited to loss of profits, revenue, use of
capital, claims of customers, cost of purchased or replacement power, or for any other
loss of any nature, whether based on contract, tort, negligence, strict liability or
otherwise, by reasons of the services rendered under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor,
materials or equipment, or over the Contractor(s) method of determining process, or
over competitive bidding or market conditions, his/her opinions of probable Project
Construction Cost provided for herein are to be made on the basis of his/her experience
and qualifications and represent his /her judgment as a design professional familiar with
the construction industry, but Engineer cannot and does not guarantee that proposal,
bids or the Construction Cost will not vary from opinions of probable construction cost
prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater
accuracy as to the Construction Cost, the Client shall employ an independent cost
estimator Consultant for the purpose of obtaining a second construction cost opinion
independent from Engineer.
12. Goveming Law & Dispute Resolutions: This Agreement shall be governed by and
construed in accordance with Articles previously set forth by (Item 9 of) this Agreement,
together with the laws of the State of Indiana.
4
17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to
contravene or to be invalid under the laws of any particular state, county or jurisdiction
where used, such contravention shall not invalidate the entire Agreement, but it shall be
construed as if not containing the particular provisions held to be invalid in the particular
state, country or jurisdiction and the rights or obligations of the parties hereto shall be
construed and enforced accordingly.
18. Force Maieure: Neither Client nor Engineer shall be liable for any fault or delay caused
by any contingency beyond their control including but not limited to acts of God, wars,
strikes, walkouts, fires, natural calamities, or demands or requirements of governmental
agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor
must be approved by Client in writing.
20. Access and Permits: Client shall arrange for Engineer to enter upon public and private
property and obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the Project. Client shall pay costs (including
Engineer's employee salaries, overhead and fee) incident to any effort by Engineer
toward assisting Client in such access, permits or approvals, if Engineer perform such
services.
21. Designation of Authorized Representative: Each party (to this Agreement) shall
designate one or more persons to act with authority in its behalf in respect to
appropriate aspects of the Project. The persons designated shall review and respond
promptly to all communications received from the other party.
22. Notices: Any notice or designation required to be given to either party hereto shall be in
writing, and unless receipt of such notice is expressly required by the terms hereof shall
be deemed to be effectively served when deposited in the mail with sufficient first class
postage affixed, and addressed to the parry to whom such notice is directed at such
party's place of business or such other address as either party shall hereafter furnish to
the other party by written notice as herein provided.
23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and
benefits of the project and the Engineer's total fee for services. In recognition of the
relative risks and benefits of the Project to both the Client and the Engineer, the risks
have been allocated such that the Client agrees that to the fullest extent permitted by
law, the Engineer's total aggregate liability to the Client for any and all injuries, claims,
costs, losses, expenses, damages of any nature whatsoever or claim expenses arising
out of this Agreement from any cause or causes, including attorney's fees and costs,
and expert witness fees and costs, shall not exceed the total Engineer's fee for
professional engineering services rendered on this project as made part of this
Agreement. Such causes included but are not limited to the Engineer's negligence,
errors, omissions, strict liability or breach of contract. It is intended that this limitation
apply to any and all liability or cause of action however alleged or arising, unless
otherwise prohibited by law.
R
24. Client's Responsibilities: 'The Client agrees to provide full information regarding
requirements for and about the Project, including a program which shall set forth the
Client's objectives, schedule, constraints, criteria, special equipment, systems and site
requirements.
The Client agrees to furnish and pay for all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services
which the Client may require to verify the Contractor's Application for Payment or to
ascertain how or for what purpose the Contractor has used the money paid by or on
behalf of the Client.
The Client agrees to require the Contractor, to the fullest extent permitted by law, to
indemnify, hold harmless, and defend the Engineer, its consultants, and the employees
and agents of any of them from and against any and all claims, suits, demands,
liabilities, losses, damages, and costs ( "Losses "), including but not limited to costs of
defense, arising in whole or in part out of the negligence of the Contractor, its
subcontractors, the officers, employees, agents, and subcontractors of any of them, or
anyone for whose acts any of them may be liable, regardless of whether or not such
Losses are caused in part by a party indemnified hereunder. Specifically excluded from
the foregoing are Losses arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders, designs, or specifications, and the giving of
or failure to give directions by the Engineer, its consultants, and the agents and
employees of any of them, provided such giving or failure to give is the primary cause of
Loss. The Client also agrees to require the Contractor to provide to the Engineer the
required certificate of insurance.
The Client further agrees to require the Contractor to name the Engineer, its agents and
consultants as additional insureds on the Contractor's policy or policies of
comprehensive or commercial general liability insurance. Such insurance shall include
products and completed operations and contractual liability coverages, shall be primary
and noncontributing with any insurance maintained by the Engineer or its agents and
consultants, and shall provide that the Engineer be given thirty days, unqualified written
notice prior to any cancellation thereof.
In the event the foregoing requirements, or any of them, are not established by the
Client and met by the Contractor, the Client agrees to indemnify and hold harmless the
Engineer, its employees, agents, and consultants from and against any and all Losses
which would have been indemnified and insured against by the Contractor, but were not.
When Contract Documents prepared under the Scope of Services of this contract
require insurance(s) to be provided, obtained and /or otherwise maintained by the
Contractor, the Client agrees to be wholly responsible for setting forth any and all such
insurance requirements. Furthermore, any document provided for Client review by the
Engineer under this Contract related to such insurance(s) shall be considered as sample
insurance requirements and not the recommendation of the Engineer. Client agrees to
have their own risk management department review any and all insurance requirements
for adequacy and to determine specific types of insurance(s) required for the project.
Client further agrees that decisions concerning types and amounts of insurance are
7
specific to the project and shall be the product of the Client. As such, any and all
insurance requirements made part of Contract Documents prepared by the Engineer are
not to be considered the Engineer's recommendation, and the Client shall make the final
decision regarding insurance requirements.
25. Information Provided by Others: The Engineer shall indicate to the Client the information
needed for rendering of the services of this Agreement. The Client shall provide to the
Engineer such information as is available to the Client and the Client's consultants and
contractors, and the Engineer shall be entitled to rely upon the accuracy and
completeness thereof. The Client recognizes that it is impossible for the Engineer to
assure the accuracy, completeness and sufficiency of such information, either because
it is impossible to verify, or because of errors or omissions which may have occurred in
assembling the information the Client is providing. Accordingly, the Client agrees, to the
fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's
subconsultants harmless from any claim, liability or cost (including reasonable attorneys'
fees and cost of defense) for injury or loss arising or allegedly arising from errors,
omissions or inaccuracies in documents or other information provided by the Client to
the Engineer.
26. Payment: Client shall be invoiced once each month for work performed during the
preceding period. Client agrees to pay each invoice within thirty -five (35) days of its
receipt. Client further agrees to pay Engineer's cost of collection of all amounts due and
unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as
well as costs attributed to suspension of services accordingly and as follows:
Collection Costs. In the event legal action is necessary to enforce the payment
provisions of this Agreement, the Engineer shall be entitled to collect from the
Client any judgment or settlement sums due, reasonable attorneys' fees, court
costs and expenses incurred by the Engineer in connection therewith and, in
addition, the reasonable value of the Engineer's time and expenses spent in
connection with such collection action, computed at the Engineer's prevailing fee
schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or
otherwise is in breach of this Agreement, the Engineer may suspend
performance of services upon five (5) calendar days' notice to the Client. The
Engineer shall have no liability whatsoever to the Client for any costs or
damages as a result of such suspension caused by any breach of this
Agreement by the Client. Client will reimburse Engineer for all associated costs
as previously set forth in (Item 4 of) this Agreement.
27. Indemnity Clause: When construction observation tasks are part of the service to be
performed by the Engineer under this Agreement, the Client will include the following clause
in the construction contract documents and the Client agrees not to modify or delete it:
Contractor (and any subcontractor into whose subcontract this clause is
incorporated) agrees and acknowledges that Engineer shall be considered a third
party beneficiary of those contracts into which this clause has been incorporated;
and agrees to assume the entire liability for all personal injury claims suffered by its
employees, including without limitation, claims asserted by persons allegedly injured
on the Project; waives any limitation of liability defense based on the Workers'
Compensation Act, court interpretations of said Act or otherwise; and to the fullest
extent permitted by law, agrees to indemnify and hold harmless and defend Owner
and Engineer and their agents, employees, and consultants (the "Indemnities ") from
and against any such loss, expense, damage or injury, including attorneys' fees and
costs that the Indemnitees may sustain as a result of such claims.
28. Job Site Safety /Supervision & Construction Observation: The Engineer shall neither have
control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in connection
with the Work since they are solely the Contractor's rights and responsibilities. The Client
agrees that the Contractor shall supervise and direct the work efficiently with his/her best
skill and attention; and that the Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction and safety at the job site.
The Client agrees and warrants that this intent shall be carried out in the Client's contract
with the Contractor. The Client further agrees that the Contractor shall be responsible for
initiating; maintaining and supervising all safety precautions and programs in connection with
the work: and that the Contractor shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to, all employees on
the subject site and all other persons who may be affected thereby. The Engineer shall have
no authority to stop the work of the Contractor or the work of any subcontractor on the
project.
When construction observation services are included in the Scope of Services, the Engineer
shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as
otherwise agreed to by the Client and the Engineer to: 9) become generally familiar with and
to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to
the Client's attention defects and deficiencies in the Work and; 3) to determine in general if
the Work is being performed in a manner indicating that the Work, when fully completed, will
be in accordance with the Contract Documents. However, the Engineer shall not be required
to make exhaustive or continuous on -site inspections to check the quality or quantity of the
Work. If the Client desires more extensive project observation, the Client shall request that
such services be provided by the Engineer as Additional and Supplemental Construction
Observation Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or employees
of any of them. The Engineer does not guarantee the performance of the Contractor and
shall not be responsible for the Contractor's failure to perform its Work in accordance
with the Contract Documents or any applicable laws, codes, rules or regulations.
When municipal review services are included in the Scope of Services, the Engineer
(acting on behalf of the municipality), when acting in good faith in the discharge of its
duties, shall not thereby render itself liable personally and is, to the maximum extent
permitted by law, relieved from all liability for any damage that may accrue to persons or
property by reason of any act or omission in the discharge of its duties. Any suit brought
against the Engineer which involve the acts or omissions performed by it in the
enforcement of any provisions of the Client's rules, regulation and /or ordinance shall be
defended by the Client until final termination of the proceedings. The Engineer shall be
entitled to all defenses and municipal immunities that are, or would be, available to the
Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that
the Client will contractually require the Contractor to defend and indemnify the Engineer
and /or any subconsultants from any claims arising from the Work. The Engineer and the
Client further understand and agree that the Client will contractually require the
Contractor to procure commercial general liability insurance naming the Engineer as an
additional named insured with respect to the work. The Contractor shall provide to the
Client certificates of insurance evidencing that the contractually required insurance
coverage has been procured. However, the Contractor's failure to provide the Client with
the requisite certificates of insurance shall not constitute a waiver of this provision by the
Engineer.
The Client and Engineer waive all rights against each other and against the Contractor
and consultants, agents and employees of each of them for damages to the extent
covered by property insurance during construction. The Client and Engineer each shall
require similar waivers from the Contractor, consultants, agents and persons or entities
awarded separate contracts administered under the Client's own forces.
30. Hazardous Materials /Pollutants: Unless otherwise provided by this Agreement, the
Engineer and Engineer's consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous
materials /pollutants in any form at the Project site, including but not limited to
mold /mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic /hazardous /pollutant type substances.
Furthermore, Client understands that the presence of mold /mildew and the like are
results of prolonged or repeated exposure to moisture and the lack of corrective action.
Client also understands that corrective action is an operation, maintenance and repair
activity for which the Engineer is not responsible.
June 13.2005-INDIANA
gt &c- indiana modified City of South Bend
10
(5 (Z)
SOUTH @F
o4\lcii';, �e
Community & Economic Developments_ ;
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planne
Subject: Res. No. 2758 — Acquisition Offer for 1017 W. Indiana Ave.
Date: September 17, 2010
This is the staff report for the acquisition of 1017 W. Indiana Ave. This property was added
to the Airport Economic Development Area Acquisition List by Resolution No. 2668 on May
21, 2010. It was added in an effort to clean and clear the southern boundary of Ignition
Park, and to help stabilize the Rum Village neighborhood to the south. The Rum Village
Neighborhood Association strongly supports the redevelopment of this area on the north
side of Indiana Avenue.
This particular property is a one story duplex. Total square footage is 1,580, Unit one is a
two bedroom, one bath, with unit two being a one bedroom, one bath. The property owner
lives in unit one, with the other being leased.
The property owner would like participate in the goals of the Commission in its efforts to
clean and clear this area, and contacted Staff of their interest in selling this property.
Resolution No. 2758 sets the acquisition value of the property at $27,500. The acquisition
value is the average value as determined by two independent appraisals.
Staff requests approval of Resolution No. 2758, to allow for the acquisition of this property.
What We Do Today Makes A Difference!
RESOLUTION NO. 2758
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and
in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South Bend
Redevelopment Commission ( "Commission ") has determined that it is necessary to
acquire unencumbered fee simple interest in certain property located within the area
heretofore designated as the Airport Economic Development Area (the "Area ") within
the City of South Bend, Indiana (the "City "), which property is more particularly
described at Exhibit A attached hereto and incorporated herein ( "Property "); and
WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668
amending the Plan and adding the Property to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Property have been obtained
in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an offering price of
$27,500.00 (the "Offering Price "); and
WHEREAS, the Commission now desires to authorize its authorized agents,
hired for such purposes, or the staff of the Commission to provide and negotiate an offer
for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which
may include relocation costs and the Commission's payment of expenses incidental to the
conveyance and determination of the title of the Property; and
WHEREAS, the Commission finds that all procedures necessary for
authorizing and acquiring the Property have been completed in accordance with Indiana
law;
NOW, THEREFORE, BE IT RESOLVED by the South Bend
Redevelopment Commission that:
1. Authorized agents of the Commission and the staff of the Commission are
hereby authorized and directed to cause a purchase offer to be made in writing to the
owner(s) of the Property as described at Exhibit A at the Offering Price (the "Average
Acquisition Price" in Exhibit A) in accordance with Indiana Code § 36- 7- 14-19, which
offer or process may include relocation costs and the payment of expenses incidental to
the conveyance and determination of the title of the Property.
2. The Commission's agents and attorneys are hereby authorized and
directed to negotiate and prepare documentation necessary to accomplish the acquisition
of the Property in accordance with this Resolution and in a form acceptable to legal
counsel.
3. The Commission hereby ratifies any actions of its staff or legal counsel
previously taken consistent with the authority provided in Section 1 or 2 hereof.
Notwithstanding the foregoing, no representations, contract or understanding relative to
the purchase of the Property, whether made by a Commissioner, employee or other agent
or official, is binding against the Commission until approved and accepted by the
Commission in writing. The Commission hereby accepts, in advance, any purchase of
the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24-1-
5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform
Acquisition Offer, which may include the payment of expenses incidental to the
conveyance and determination of title).
4. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on September 17, 2010, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Signature
rinte ame an it e
South Bend RedeN elopment Commission
ATTEST:
Signature
Printed Maine and litte
South Bend Redevelopment Commission
EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Tax Key No.
Address
Owner
Average
Acquisition Price
Alberta Hardin,
subject to the Life
18- 8053 -2134
1017 W. Indiana
Estate Interest of
Alberta Winston,
$27,500.00
Ave.
inadvertently
referred to as
Albertia Winston
6 ( -3)
SOUTfi B
• r a n • u rn WOE, \1 ili;l /i F'�p
Community & Economic Development,,?'
1865..
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner'
Subject: Res. No. 2761 — Acquisition Offer for 521 W. Indiana Ave.
Date: September 17, 2010
This is the staff report for the acquisition of 521 W. Indiana Ave. This property was added
to the Airport Economic Development Area Acquisition List by Resolution No. 2596 on
August 26, 2009. It was added in an effort to clean and clear the southern boundary of
Ignition Park, and to help stabilize the Rum Village neighborhood to the south. The Rum
Village Neighborhood Association strongly supports the redevelopment of this area on the
north side of Indiana Avenue.
This particular property is a three bedroom, 1 '/z bath, two story residential home. It is 1,345
square feet, with a fenced yard, enclosed front porch, back patio, and storage shed. It has
had numerous updates over the years, including the kitchen, a new furnace and air
conditioning, paint, and floor coverings.
The property owner would like participate in the goals of the Commission in its efforts to
clean and clear this area, and contacted Staff of their interest in selling this property.
Resolution No. 2761 sets the acquisition value of the property at $43,500. The acquisition
value is the average value as determined by two independent appraisals.
Staff requests approval of Resolution No. 2761, to allow for the acquisition of this property.
What We Do Today Makes A Difference!
RESOLUTION NO. 2761
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and
in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South Bend
Redevelopment Commission ( "Commission ") has determined that it is necessary to
acquire unencumbered fee simple interest in certain property located within the area
heretofore designated as the Airport Economic Development Area (the "Area ") within
the City of South Bend, Indiana (the "City "), which property is more particularly
described at Exhibit A attached hereto and incorporated herein ( "Property "); and
WHEREAS, on August 26, 2009, the Commission adopted Resolution No.
2596 amending the Plan and adding the Property to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Property have been obtained
in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an offering price of
$43,500.00 (the "Offering Price "); and
WHEREAS, the Commission now desires to authorize its authorized agents,
hired for such purposes, or the staff of the Commission to provide and negotiate an offer
for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which
may include relocation costs and the Commission's payment of expenses incidental to the
conveyance and determination of the title of the Property; and
WHEREAS, the Commission finds that all procedures necessary for
authorizing and acquiring the Property have been completed in accordance with Indiana
law;
NOW, THEREFORE, BE IT RESOLVED by the South Bend
Redevelopment Commission that:
1. Authorized agents of the'Commission and the staff of the Commission are
hereby authorized and directed to cause a purchase offer to be made in writing to the
owner(s) of the Property as described at Exhibit A at the Offering Price (the "Average
Acquisition Price" in Exhibit A) in accordance with Indiana Code § 36- 7- 14-19, which
offer or process may include relocation costs and the payment of expenses incidental to
the conveyance and determination of the title of the Property.
2. The Commission's agents and attorneys are hereby authorized and
directed to negotiate and prepare documentation necessary to accomplish the acquisition
of the Property in accordance with this Resolution and in a form acceptable to legal
counsel.
3. The Commission hereby ratifies any actions of its staff or legal counsel
previously taken consistent with the authority provided in Section 1 or 2 hereof.
Notwithstanding the foregoing, no representations, contract or understanding relative to
the purchase of the Property, whether made by a Commissioner, employee or other agent
or official, is binding against the Commission until approved and accepted by the
Commission in writing. The Commission hereby accepts, in advance, any purchase of
the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24 -1-
5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform
Acquisition Offer, which may include the payment of expenses incidental to the
conveyance and determination of title).
4. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on September 17, 2010, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Signature
Printed Name and Title
South Bend Redevelopment Commission
ATTEST:
ignature
Printed Name an ale
South Bend Redevelopment Commission
EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Tax Key No.
Address
Owner
Average
Acquisition Price
Willard Parchman
18- 8027 -1094
521 W. Indiana Ave.
and Geneva
$43,500.00
Parchman, Husband
and Wife
G E-- ('��
"Ib B
Community & Economic Development'�''�
1865
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner
Subject: Res. No. 2762 — Acquisition Offer for 527 - 529 W. Indiana Ave.
Date: September 17, 2010
This is the staff report for the acquisition of 527 - 529 W. Indiana Ave. This property was
added to the Airport Economic Development Area Acquisition List by Resolution No. 2668
on May 21, 2010. It was added in an effort to clean and clear the southern boundary of
Ignition Park, and to help stabilize the Rum Village neighborhood to the south. The Rum
Village Neighborhood Association strongly supports the redevelopment of this area on the
north side of Indiana Avenue.
This particular property is a two story rental duplex. Both sides mirror each other,
containing three bedrooms and a %2 bath up. Downstairs is a living room, dining room,
kitchen, and full bath. The property has a fully fenced in back yard, an enclosed front
porch, and full back porch. The property owner would like to participate in the goals of the
Commission in its efforts to clean and clear this area, and contacted Staff of their interest in
selling this property.
Resolution No. 2762 sets the acquisition value of the property at $30,500. The acquisition
value is the average value as determined by two independent appraisals.
Staff requests approval of Resolution No. 2762, to allow for the acquisition of this property.
What We Do Today Makes A Difference!
RESOLUTION NO. 2762
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and
in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South Bend
Redevelopment Commission ( "Commission ") has determined that it is necessary to
acquire unencumbered fee simple interest in certain property located within the area
heretofore designated as the Airport Economic Development Area (the "Area ") within
the City of South Bend, Indiana (the "City "), which property is more particularly
described at Exhibit A attached hereto and incorporated herein ( "Property "); and
WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668
amending the Plan and adding the Property to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Property have been obtained
in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an offering price of
$30,500.00 (the "Offering Price "); and
WHEREAS, the Commission now desires to authorize its authorized agents,
hired for such purposes, or the staff of the Commission to provide and negotiate an offer
for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which
may include relocation costs and the Commission's payment of expenses incidental to the
conveyance and determination of the title of the Property; and
WHEREAS, the Commission finds that all procedures necessary for
authorizing and acquiring the Property have been completed in accordance with Indiana
law;
NOW, THEREFORE, BE IT RESOLVED by the South Bend
Redevelopment Commission that:
1. Authorized agents of the Commission and the staff of the Commission are
hereby authorized and directed to cause a purchase offer to be made in writing to the
owner(s) of the Property as described at Exhibit A at the Offering Price (the "Average
Acquisition Price" in Exhibit A) in accordance with Indiana Code § 36- 7- 14-19, which
offer or process may include relocation costs and the payment of expenses incidental to
the conveyance and determination of the title of the Property.
2. The Commission's agents and attorneys are hereby authorized and
directed to negotiate and prepare documentation necessary to accomplish the acquisition
of the Property in accordance with this Resolution and in a form acceptable to legal
counsel.
3. The Commission hereby ratifies any actions of its staff or legal counsel
previously taken consistent with the authority provided in Section 1 or 2 hereof.
Notwithstanding the foregoing, no representations, contract or understanding relative to
the purchase of the Property, whether made by a Commissioner, employee or other agent
or official, is binding against the Commission until approved and accepted by the
Commission in writing. The Commission hereby accepts, in advance, any purchase of
the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24-1-
5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform
Acquisition Offer, which may include the payment of expenses incidental to the
conveyance and determination of title).
4. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on September 17, 2010, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Sig-nature
Printed ame and Title
South Bend Redevelopment Commission
ATTEST:
Signature
Printed Name and Title
South Bend Redevelopment Commission
EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Tax Key No.
Address
Owner
Average
Acquisition Price
Robert E Williams
18- 8027 -1092
527 - 529 W.
& Sharon R
Williams, formerly
$30,500.00
Indiana Ave.
known as Sharon R
Pehling
ci \ i 1
SpU7H @
y \ �c
Community & Economic Development �.
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner
Subject: Administrative Settlement for acquisition of 527 - 529 W. Indiana Ave.
Date: September 17, 2010
This is the staff report for the administrative settlement that is needed for the acquisition of
527 - 529 W. Indiana Avenue. According to the Uniform Relocation Act (Act), which has
been adopted as the Commission's relocation policy, an administrative settlement is
authorized in cases where an additional payment is necessary to acquire a property.
Before the Commission today was Resolution No. 2762, setting the offer price for this
property at $30,500, which is the average appraised value. Because the second unit of this
property was not currently rented, an income value approach was not fully utilized.
When valuing this duplex based on the annual net income it could generate, the
capitalization rate method commonly used by local financial institutions on income
producing properties arrives at a value for this property at $50,000 - $52,000.
Recent updates to this property include a new roof 3 years ago, new furnace 2 years ago,
and separate 100 amp electrical service for both units.
The property owner has counter offered at $50,000. In light of the recent improvements to
this duplex, its overall good condition, and the above capitalization rate valuation, Staff feels
the property owner's counter offer of $50,000 is reasonable, and requests Commission
approval of this Administrative Settlement to allow for the acquisition of this property.
What We Do Today Makes A Difference!
61 C ( ()
• r a n • u m SoU7'8 BE.
of pl,�rfr /,'�o
Community & Economic Development.,�a
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner
Subject: Administrative Settlement for acquisition of 605 W. Indiana Ave.
Date: September 17, 2010
This is the staff report for the administrative settlement that is needed for the acquisition of
605 W. Indiana Avenue. According to the Uniform Relocation Act (Act), which has been
adopted as the Commission's relocation policy, an administrative settlement is authorized in
cases where an additional payment is necessary to acquire a property.
On July 23, 2010, the Commission approved Resolution No. 2727, which authorized the
purchase of this property based upon its average appraised value of $19,500. Staff has
been working with the property owner, within the acquisition and relocation sections of the
Act, to reasonably reach an agreement to acquire this property.
The property owner has expressed his interest in selling this property, but he is not
interested in being relocated under the terms of the Act. Since he lives alone, he instead
wants to search for a house that is in need of repairs. He can then get a house for a decent
price and fix it up himself, as he has with this property.
Following the Act, total estimated acquisition and relocation costs associated with this
property would be $43,200. The property owner has stated he would take $35,000, of
which approximately $10,000 would go to pay off the land contract balance owing. In
addition, we would pay his fixed moving expense of $1,700, for a total payment of $36,700.
Staff feels the total acquisition cost of $36,700 is reasonable for this property, in light of its
size, condition, and amenities, and requests your approval of the administrative settlement
to allow the acquisition of this property.
What We Do Today Makes A Difference!