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Home My WebLink About6D 9� 0( 9) ,p ;li•J„ o Community & Economic Development . is . 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: From: Subject: Date: Redevelopment Commission Bill Schalliol, Economic Development Planner Memorandum of Understanding — Hutsfield Square June 9, 2011 Attached to this memorandum is a Memorandum of Understanding by and between Brick Road LLC and the City of South Bend Redevelopment Commission. The purpose of the MOU is to establish a binding agreement concerning commitments of the Brick Road LLC and the Commission. The agreement between the parties is very direct in nature. Brick Road LLC will be donating to the City of South Bend all land necessary to construct the Mayflower Sewer project as well as the construction of Mayflower Boulevard from Cleveland to Brick Road. The property donation equates to approximately 6 acres of the total 43.3 acre Hutsfield Square subdivision. In exchange for the land donation, the Commission will construct Mayflower Boulevard from Cleveland to Brick and construct all related infrastructure improvements including sewer, storm retention, walks, lighting and a signal at Cleveland and Mayflower. The City will also use a portion of the western side of the site along existing Mayflower Road to construct a new regional trunk sewer line. Both of these projects are part of a Master Agency Addendum that is before the Commission as Resolution 2893. In the event that the Commission determines to not do the project, the land would revert back to Brick Road LLC by December 31, 2011. A copy of the final Plat is attached. Hutsfiled Square is proposed to be a mixed use development located on Cleveland Road that will contain housing and retail. The developer is currently working with a senior housing project developer that will look to use a third of the site to create a housing village that will contain a variety of housing options for the senior population. The site also is set up for a large commercial box location and smaller outlot development. Coupled with a proposed mixed use commercial development south of the site on the south side of Cleveland Road, this project will create a strong compliment to the other developments happening in this area. A copy of the proposed site plan is attached. Staff requests approval of Memorandum of Understanding by and between Brick Road LLC and the City of South Bend Redevelopment Commission to advance this project. What We Do Today Makes A Difference! j6 t I� ■22%RPMeil :1' 6 it A 13 ■' 88 1 1 1 11 L of 1 " - - "_ 1 1 818183 C 1 $ n88R€ €'+88148$ b v C., m 00= En > CD ►� o i m N cam i rn AD OM p !LC!:� r N I S Z o •v No N OD. C N � � O p.� Nz v , a r Y fe („M1lTV- 9AA-`j lJ.. 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I � • a � 'ice `' g MEMORANDUM OF UNDERSTANDING by and between Brick Road, LLC and City of South Bend, Indiana, Redevelopment Commission WHEREAS, Brick Road, LLC, a Michigan limited liability company ( "Brick Road ") is contemplating a private development located at the northeast corner of Cleveland Road and Mayflower Blvd., in the City of South Bend, Indiana (the "City "), and in the Airport Economic Development Area (the "AEDA "), to be known as the Hutsfield Square Major Subdivision (the "Subdivision ") which is more particularly shown and described in the subdivision plat attached to this Memorandum of Understanding ( "MOU ") as "Exhibit A "; and WHEREAS, the South Bend, Indiana Redevelopment Commission (the "Commission ") supports the development of the Subdivision and wishes to promote the development for the good of the public and of the general development in and around the AEDA; and WHEREAS, Brick Road and the Commission agree that their mutual best interests and that the best interests of the citizens of the City, and in particular, those of the AEDA will be served by Brick Road and the Commission working together to accomplish the development of the Subdivision and the related necessary public infrastructure; and WHEREAS, Brick Road and the Commission further agree that, if it is determined by Brick Road to be economically feasible to develop the Subdivision, it will be of benefit to have the necessary public infrastructure funded by the Commission. PURPOSE The purpose of this MOU is to set forth the discussions that Brick Road and the Commission have had with one another to date with respect to the Subdivision. The executed MOU shall be a binding document that expresses the intent of each of the parties at the time this MOU is executed. This MOU is a statement of the parties' mutual good faith intentions to proceed with the Subdivision as described herein. This MOU shall be subject to the appropriate resolutions or approval of the parties' respective governing bodies. BRICK ROAD'S COMMITMENTS 1. Brick Road will grant all necessary easements and street dedications for (i) all required street improvements for the proposed Mayflower Blvd. public street and the Hutsfield Drive public street and (ii) all required improvements for the signalization of the intersection of Mayflower Blvd. with Cleveland Road as shown on "Exhibit A ". COMMISSION'S COMMITMENTS 1. The Commission will fund and construct all necessary public infrastructure improvements in and adjacent to the Subdivision. These improvements shall include required earthwork, grading, paving, utilities for municipal water, municipal sanitary sewer lines and structures, paved sidewalks, retention /detention areas, and street lighting. The Commission will further fund and construct the required improvements for the signalization of the intersection of Mayflower Blvd. with Cleveland Road. Improvements will be located within the dedicated right -of -ways or easements for said Mayflower Blvd. and Hutsfield Drive. 2. The public infrastructure improvements will be built to established City standards. 3. The commencement date for construction activities shall be June 27, 2011. Substantial completion date for construction activities shall be 180 days from the date of commencement, subject to acts of God and nature. Landscaping and lighting will be completed early spring, 2012. 4. In the event that the Commission fails to begin construction and makes the determinations that it will not construct the improvements recited herein, on or before December 31, 2011, the Commission shall re- convey to Brick Road all easements and street dedications granted by Brick Road to the Commission pursuant to this MOU. (Signature page follows) DATED this 9 day of June, 2011. BRICK ROAD, LLC By: Name: Frank C. utto, Jr. Title: Managing Member CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission (Signature Page to Memorandum of Understanding between Brick Road LLC and the South Bend Redevelopment Commission) EXHIBIT A (Engineering Drawings showing Public Infrastructure Improvements for Hutsfield Square Major Subdivision) R jigs. 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