HomeMy WebLinkAbout03-07-03 Redevelopment Commission Minutes14
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
March 7, 2003
10:00 a.m.
Presiding: Robert W. Hunt, President
1. ROLL CALL
Members Present:
Members Absent:
Legal Counsel:
227 West Jefferson Boulevard
South Bend, Indiana
Mr. Robert W. Hunt, President
Ms. Marcia Jones, Vice - President
Mr. Hardie Blake, Jr.
Mr. Philip J. Faccenda, Secretary
Mr. Matt Kahn
Ms. Cheryl Greene
Redevelopment Staff: Mr. Donald Inks, Director
Ms. Pamela Morris, Recording Secretary
Mr. Owen Rock, Economic Development Specialist
Mr. Bill Schalliol, Economic Development Specialist
Mr. Robert Mathia, Economic Development Specialist
Mr. Robert Case, Economic Development Specialist
Mr. Tim Williams, Economic Development Specialist
Ms. Jennifer Hughes, Economic Development Planner
Others Present: Ms. Pam Paluszewski, Legal
Mr. Jim Frick, South Gateway Association
Mr. Mike Hardy
Mr. Greg Noble
Ms. Loren Priest
Mr. Steve Monroe
Ms. Diane Monroe
Ms. Jo Wise
Ms. Phyllis M. Barkley
2. APPROVAL OF MINUTES
A. Commission approval of the Minutes of the
Regular Meeting of February 7, 2003.
The minutes were not available for approval. THE MINUTES WERE NOT AVAILABLE FOR
APPROVAL.
1
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
2. APPROVAL OF MINUTES (CONT.)
B. Commission approval of the Minutes of the
Regular Meeting of February 21, 2003.
3. APPROVAL OF CLAIMS
THE MINUTES WERE NOT AVAILABLE FOR
APPROVAL.
Redevelopment Commission Claims submitted March 7, 2003 for approval.
212 CDBG COMMUNITY DEVELOPMENT
Petty Cash
South Bend Tribune
General Fund - Telephone
Federal Express
Jonathan E. Baker
Wyndham City Center
National Development Council Training Division
324 FUND
The Troyer Group, Inc.
Panzica Building Corporation
South Bend Monument Works
Everett Fence Corporation
Abonmarche Consultants of Indiana L.L.C.
Shamrock Network Design
Sitescapes Inc.
John Becker
Wiss, Janney, Elstner Associates, Inc.
420 SBCDA
CB Richard Ellis South Bend
Danch, Harper & Associates
Jerome E. Michaels
Appraisal Group, Inc.
Champion Water Conditioning & Bottled Water
Bank One
427 SAMPLE/EWING - CAPITAL FUND
Weaver, Boos and Gordon
National Environmental Services Corp.
Moody's Investor Service
K
58.00
47.30
200.00
154.59
400.00
1,114.09
925.00
44,344.00
10,964.00
2,360.00
1,800.00
21,871.00
450.00
525.00
20,000.00
2,479.30
683.42
900.00
2,500.00
3,500.00
209.80
800.00
32,661.71
413,430.08
6.500.00
y9z �s
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
3. APPROVAL OF CLAIMS (CONT.)
Mr. Hunt inquired about the National
Environmental Services Corp. claim in the amount
of $413,430.08, 427 Sample/Ewing - Capital Fund.
Mr. Inks responded that the claim was for site work
regarding the TJX Project. Mr. Inks also noted the
claim is one installment on a contract just over
$2M.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved the Claims submitted
March 7, 2003, and ordered the checks to be
released.
4. COMMUNICATIONS
There were no Communications.
5. OLD BUSINESS
There was no Old Business.
6. NEW BUSINESS
A. Public Hearings
COMMISSION APPROVED THE CLAIMS SUBMITTED
MARCH 7, 2003, AND ORDERED THE CHECKS TO
BE RELEASED.
THERE WERE NO COMMUNICATIONS.
THERE WAS NO OLD BUSINESS.
(1) Public Hearing on Resolution No. 1952
amending the South Bend Central
Development Area Development Plan.
Mr. Rock reported that Resolution No. 1952
will add a parcel of property to the South
Bend Central Development Area
Development Plan acquisition list. The Tax
Key No. is 18- 3016 -0589 and the address is
420 S. Main Street, more commonly known
as Blessings Music. Currently the
Commission owns Lots 1 & 2 in this area,
and the addition of this parcel would make
the property more desirable to a potential
R
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(1) continued...
developer by adding additional parking for
Lots 1 & 2. Presently, the plan calls for this
block to be designated as secondary service
commercial and retail commercial.
Although this is a small change to the
development plan it is consistent with the
block to the east of the parcel where the
bankruptcy court is located. This block
would become part of the public core to
Central Business District. In addition, this
site could be a major catalyst to the
development of the south side of the Central
Development Area. Currently, the staff is
working with the Studebaker Museum to
ILrelocate them within the area. Also located
within the area is the publicly owned
Coveleski Baseball Stadium.
Ms. Greene noted that when Resolution
No. 1952 was filed, the notice provided for
three parcels of property to be added to the
Plan's acquisition list. The Commission has
taken no action on Resolution No. 1952 and
Resolution No. 1952 has been revised as
presented to the Commission today to only
add one parcel of property. The property
owners have been advised as to the change.
Ms. Greene asked Mr. Rock if acquisition of
the property is consistent with the South
Bend Central Development Area
Development Plan, and if the development
plan can be accomplished without
acquisition of that property?
IL
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(1) continued...
Mr. Rock responded it would be very
difficult to accomplish the development plan
without acquisition of the property.
Mr. Inks advised that the public hearing file
was complete and requested the following
items be entered into the record:
(1) Affidavits from the Tri County News and
South Bend Tribune that the Notice of
Public Hearing was published in those
newspapers on February 14, 2003; (2) A
statement from Mr. Rock that on
February 13, 2003, copies of the Notice of
Public Hearing were sent to the affected
ILproperty owners and registered
neighborhood associations; (3) A copy of the
Notice of Hearing; (4) A copy of Resolution
1952; and (5) As of 10:00 a.m. this morning,
no written remonstrances were received.
Mr. Hunt opened the Public Hearing on
Resolution No. 1952 and asked if there was
anyone who wished to speak. There being
no one who wished to speak regarding
Resolution No. 1952, Mr. Hunt closed the
Public Hearing for whatever action the
Commission wished to take.
(2) Commission approval requested for
Resolution No. 1952.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved Resolution No. 1952
amending the South Bend Central
Development Area Development Plan.
PUBLIC HEARING, RESOLUTION NO. 1952
COMMISSION APPROVED RESOLUTION NO. 1952
AMENDING THE SOUTH BEND CENTRAL
DEVELOPMENT AREA DEVELOPMENT PLAN.
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(3) Public Hearing on Resolution No. 1957
amending the South Side Development
Area Development Plan.
Mr. Inks advised that the public hearing file
was complete and requested the following
items be entered into the record:
(1) Affidavits from the Tri County News and
South Bend Tribune that the Notice of
Public Hearing was published in those
newspapers on February 21, 2003; (2) A
statement from Mr. Schalliol that on
February 21, 2003, copies of the Notice of
Public Hearing were sent to the affected
property owners and registered
neighborhood associations; (3) A copy of the
IL Notice of Hearing; (4) A copy of Resolution
No. 1957; and (5) As of 10:00 a.m. this
morning, no written remonstrances were
received.
Mr. Schalliol reported that Resolution
No. 1957 amends the South Side
Development Area Development Plan by
adding six (6) pieces of property to the
acquisition list. The first property is a
vacant parcel and is located at 719 Widener
Lane, Tax Key No. 23- 1035- 1839.01. This
property is being added to the acquisition list
to facilitate long term infrastructure
improvements. Acquisition of the property
is consistent with the area development plan
and necessary for interchange improvements
at the intersection of Miami and the by -pass.
The remaining five parcels are a block of
property located along and addressed to
4605 S. Main Street, owned by Steven and
Diane Monroe. The Tax Key Nos. range
from 23- 1030 -1619, 1620, 1621, 1622 and
0
South Bend Redevelopment Commission
IL Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(3) continued...
1623. Four of the five are vacant properties
and one is an occupied residence. They are
adjacent to the Fitterling site and acquisition
is necessary to accomplish long term
redevelopment of the Fitterling site; they are
also needed as part of a larger potential
project development site.
Ms. Greene asked Mr. Schalliol if these
properties are consistent with the South Side
Development Plan as previously presented
and approved by the Commission.
Mr. Schalliol responded in the affirmative.
He further explained that this project site,
and the Fitterling site more specifically, is
described within the South Side
Development Area Plan and was confirmed
on December 20, 2002. It is also a concern
for the development of the South Gateway
sub -area.
Ms. Greene asked Mr. Schalliol if it is
necessary that those specific properties be
acquired in order to accomplish this
development plan?
Mr. Schalliol stated that was correct.
Mr. Hunt opened the Public Hearing on PUBLIC HEARING ON RESOLUTION No. 1957.
Resolution No. 1957 and asked if there was
anyone who wished to speak.
Mr. Jim Frick, President of South Gateway
Association, advised that the Association is
very much in favor of the project, wants the
project to move forward and believes
acquisition of the properties is very
7
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(3) continued...
important to the development of the south
side.
Mr. Steven Monroe, owner of the five
properties located on S. Main Street, advised
that he was approached by two different
developers at the time this project started.
The property is under contract to be sold to a
developer. Mr. Monroe stated he has no
intention of standing in the way of any
development whatsoever and would greatly
appreciate development on the south side.
Mr. Monroe explained he is not sure what to
do at this point; however, the property is
ILsold to a developer.
Ms. Greene advised Mr. Monroe that it was
not her role to give him legal advice and that
she acts solely as legal counsel to the
Commission. She advised him that he
should follow up with his own attorney. Ms.
Greene explained that the Redevelopment
Commission, in order to accomplish a
development of a particular area, is allowed
to purchase property and then make it
available for redevelopment. The first step
the Commission has to take is to add
property they need to acquire for
redevelopment to an acquisition list, which
is what is happening today. A notice goes
out to the property owner. Ms. Greene then
asked if Mr. Monroe had closed on the
properties.
Mr. Monroe's response was no they have
not.
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(3) continued...
Ms. Greene explained that since there has
been no closing as yet, the Monroes are still
the property owners of record. Ms. Greene
asked if Mr. Monroe could provide the
Commission with a copy of the contract.
She explained the first step is to add the
property to the acquisition list, it is expected
the next step is for the Commission to
authorize a purchase offer to buy the
property from the owners of record. That
purchase offer will be based on the average
of two independent appraisals that the
Commission is required by law to obtain.
As the owners of record, Mr. Monroe will
ILhave the opportunity to review that purchase
offer which spells out all of his legal rights.
He will then have the opportunity to
negotiate with staff members. Today's
action does not constitute the acquisition,
simply a beginning to that process.
Again, Ms. Greene asked if Mr. Monroe
would provide a copy of the current contract
with the developer and also keep the
Commission advised as he moves forward.
Ms. Greene noted that it was her
understanding that Mr. Monroe was not at
the meeting to remonstrate or object to the
project.
Mr. Monroe confirmed that he was not there
to remonstrate and that he has no intention
of altering the plans for the project at all and
invites the construction and development of
the area.
L1
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(3) continued...
Mr. Hunt noted that at some point in time
the Commission may be dealing with a
different owner.
Ms. Greene advised Mr. Monroe if he does
move forward with the property sale, he
needs to keep the Commission informed so
they can always be dealing with the owner.
Mr. Hunt asked if there was anyone else
who wished to speak regarding Resolution
No. 1957. There being no one else who
wished to speak regarding Resolution
No. 1957, Mr. Hunt closed the Public
ILI Hearing for whatever action the Commission
wished to take.
(4) Commission approval requested for
Resolution No. 1957.
Upon a motion by Ms. Jones, seconded by COMMISSION APPROVED RESOLUTION No. 1957
Mr. Blake and unanimously carried, the AMENDING THE SOUTH SIDE DEVELOPMENT
Commission approved Resolution No. 1957 AREA DEVELOPMENT PLAN.
amending the South Side Development Area
Development Plan.
(5) Public Hearing on Resolution No. 1958
amending the Airport Economic
Development Area Development Plan.
Mr. Inks advised that the public hearing file
was complete and requested the following
items be entered into the record:
(1) Affidavits from the Tri County News and
South Bend Tribune that the Notice of
Public Hearing was published in those
newspapers on February 14, 2003; (2) A
statement from Mr. Schalliol that on
10
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(5) continued...
February 21, 2003, copies of the Notice of
Public Hearing were sent to the affected
property owners and registered
neighborhood associations; (3) A copy of the
Notice of Hearing; (4) A copy of Resolution
1958; and (5) As of 10:00 a.m. this morning,
no written remonstrances were received.
Mr. Schalliol reported that Resolution
No. 1958 adds Lot 2 of the Ameriplex Olive
Road Minor Subdivision, which is Tax Key
No. 25- 1011 - 0187.09, to the acquisition list
of the Airport Economic Development Area
Development Plan. It is a two acre piece of
property that will in the future facilitate a
larger development on the northeast corner
of Cleveland Road and Olive Road.
Mr. Hunt asked if Lot 2 is adjacent to the
residential property line.
Mr. Schalliol responded that there is no
frontage on Olive directly. The acquisition
is necessary for the future development and
consistent with the long term goals of the
Airport area.
Mr. Hunt opened the Public Hearing on
Resolution No. 1958 and asked if there was
anyone who wished to speak. There being
no one who wished to speak regarding
Resolution No. 1958, Mr. Hunt closed the
Public Hearing for whatever action the
Commission wished to take.
„� 11
PUBLIC HEARING oN RESOLUTION NO. 1958.
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
A. Public Hearings
(6) Commission approval requested for
Resolution No. 1958.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved Resolution No. 1958
amending the Airport Economic
Development Area Development Plan.
B. South Bend Central Development Area
(1) Commission approval requested for
Resolution No. 1961 approving the fair
re -use value of property in the South
Bend Central Development Area. (Main
& Jefferson project site)
Mr. Mathis reported that Resolution
No. 1961 sets the fair re -use value for the
property referred to as the Main &
Jeffereson Project Site, Lot Number 260A.
The property is located on the southwest
corner of Main Street and Jefferson
Boulevard in the South Bend Central
Development Area. The area of the property
is approximately 0.84 acres (36,464 sq ft).
The property is currently vacant. Staff
recommends approval of Resolution
No. 1961.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved Resolution No. 1961
approving the fair re -use value of property in
the South Bend Central Development Area.
(Main & Jefferson project site)
12
COMMISSION APPROVED RESOLUTION NO. 1958
AMENDING THE AIRPORT ECONOMIC
DEVELOPMENT AREA DEVELOPMENT PLAN.
COMMISSION APPROVED RESOLUTION NO. 1961
APPROVING THE FAIR RE -USE VALUE OF
PROPERTY IN THE SOUTH BEND CENTRAL
DEVELOPMENT AREA. (MAIN & JEFFERSON
PROJECT SITE)
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
IL
6. NEW BUSINESS (CONT.)
B. South Bend Central Development Area
(2) Commission approval requested for Bid
Specifications and Design Considerations
for property in the South Bend Central
Development Area. (Main & Jefferson
project site)
Mr. Mathia advised that approved Bid
Specifications must be included in the Bid
Packet for disposition of the Main &
Jefferson Project Site (Lot No. 260A). Bid
Specifications & Design Considerations are
highlighted as follows:
► All offers must meet the minimum price
of $263,000.
► The site purchase must include all 0.84
acres (36,464 sq ft) being bid.
► The required use for the property is
commercial (office and/or retail
development). Said development must
make full use of the site. At a minimum,
a 60,000 sq ft building with a minimum
height of four stories shall be
constructed. The building will be
required to abut the public sidewalk
along both Main Street and Jefferson
Blvd.
Service facilities including dumpsters
and utility boxes must be adequately
screened.
All proposed designs must include
provision for an 18 foot wide east -west
access easement located on the south
side of the site that will extend from
Main Street to the north -south alley.
► Any portion of the site not used for
buildings, streets, parking,
loading/staging areas or driveways shall
IL be planted and maintained as a
13
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
B. South Bend Central Development Area
(2) continued...
landscaped area.
► Bidders are required to present their
proposals at the April 4, 2003 Regular
Meeting of the Redevelopment
Commission.
Staff recommends approval of the Bid
Specifications.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved the Bid
Specifications and Design Considerations
for property in the South Bend Central
ILDevelopment Area. (Main & Jefferson
project site)
(3) Commission authorization requested to
publish the Notice for Disposition of Land
with publication dates of March 14, 2003
and March 21, 2003 and Receipt of Bids
at 10:00 a.m. on April 4, 2003. (Main &
Jefferson project site)
Mr. Mathia requested the Commission's
authorization to publish the required
notifications for the Main and Jefferson
property disposition in the South Bend
Tribune and the Tri County News. The
notices are to be published on March 14,
2003 and March 21, 2003 in both
newspapers.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission authorized publication of the
IL Notice for Disposition of Land with
publication dates of March 14, 2003 and
14
COMMISSION APPROVED THE BID
SPECIFICATIONS AND DESIGN CONSIDERATIONS
FOR PROPERTY IN THE SOUTH BEND CENTRAL
DEVELOPMENT AREA. (MAIN & JEFFERSON
PROJECT SITE)
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
B. South Bend Central Development Area
(3) continued...
March 21, 2003 and Receipt of Bids at 10:00 COMMISSION AUTHORIZED PUBLICATION OF THE
a.m. on April 4, 2003. (Main & Jefferson NOTICE FOR DISPOSITION OF LAND WITH
project site) PUBLICATION DATES OF MARCH 14, 2003 AND
MARCH 21, 2003 AND RECEIPT OF BIDS AT 10:00
A.M. ON APRIL 4, 2003. MAIN & JEFFERSON
PROJECT SITE)
(4) Staff report on acquisition of property in
the South Bend Central Development
Area. (517 & 529 E. Colfax Ave. & 211 N.
Hill St.)
Mr. Schalliol reported that two counter
offers were received for purchase offers sent
based on Resolution No. 1956. The parcels
of land are located at the northwest corner of
North Hill Street and Colfax Avenue. The
counter offers for the three parcels are as
follows:
► Tax Key No. 18 -5005 -0129
Located at 211 N. Hill Street
Owned by Vern & Mary Margaret
Planck Family Trust
Original Offer: $25,250
Counter Offer: $48,012
► Tax Key No. 18 -5005 -0128
Located at 517 E. Colfax Avenue
Tax Key No. 18 -5005 -0130
Located at 529 E. Colfax Avenue
Owned by Ernest L. Bryant
Original Offer: $142,500
Counter Offer: $203,988
Mr. Schalliol noted that there are three
parcels and two owners. The parcel owned
by the single owner is in the middle of the
other two parcels. We cannot purchase two
15
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
B. South Bend Central Development Area
(4) continued...
parcels without buying the third one.
Mr. Schalliol also noted that we are buying
the property over multiple years. As part of
the negotiations, a percentage was added to
the acquisition price in lieu of interest. The
properties will be purchased over a six year
time period at a total of $42,000 per year
payout. It is pro -rated and at higher cost, but
it accomplishes several key goals for the
East Bank Master Plan. The parcel is a
large, very underutilized piece of property
on a very visible corner. The property is an
eye -sore and has a history of code
enforcement issues. Purchase of these
ILproperties will not only take care of a
problem property, but will allow the
Commission to own a marketable piece of
property in the East Bank. The counter
offers are a little high; however, acquiring
them will meet the goals and objectives set
forth in the South Bend Central
Development Area Development Plan.
Ms. Greene explained that essentially the
Commission is not actually paying an
amount that constitutes the purchase price
plus interest over six years. The fair market
value will actually be paid plus interest.
Mr. Hunt asked why the price for the middle
parcel was double the others.
Mr. Schalliol responded that it is because the
other parcels cannot be used without it.
IL Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
16
South Bend Redevelopment Commission
IL Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
B. South Bend Central Development Area
(4) continued...
Commission approved Counter Offers on
acquisition of property in the South Bend
Central Development Area. (517 & 529 E
Colfax Ave. & 211 N. Hill St.)
(5) Staff report on request for use of the
Wayne Street Garage. (Rooftop
Rendezvous)
Mr. Williams reported that the Commission
approved the use of the Wayne Street garage
at the February 7, 2003 Redevelopment
Commission Meeting for the AIDS
Ministries Rooftop Rendezvous. The dates
approved were June 20, July 11 and
August 8, 2003. A request has been made
by the AIDS Ministries to change the
August 8, 2003 date to August 15, 2003.
Mr. Hunt asked if that was the only change
requested.
Ms. Greene responded that no new events
are being added, only the change of date.
Upon a motion by Mr. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved the AIDS Ministries
request for a change of date for the use of
the Wayne Street garage on August 15,
2003. (Rooftop Rendezvous)
(6) Commission approval requested for
Resolution No. 1962 ratifying, confirming
and approving certain actions related to
the South Bend Community School
IL Corporation Project.
17
COMMISSION APPROVED COUNTER OFFERS ON
ACQUISITION OF PROPERTY IN THE SOUTH BEND
CENTRAL DEVELOPMENT AREA. (517 & 529 E.
COLFAX AVE. & 211 N. HILL ST.)
COMMISSION APPROVED THE AIDS MINISTRIES
REQUEST FOR A CHANGE OF DATE FOR THE USE
OF THE WAYNE STREET GARAGE ON AUGUST 15,
2003. (ROOFTOP RENDEZVOUS)
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
B. South Bend Central Development Area
(6) continued...
Mr. Rock reported that Resolution No. 1962
approves a Memorandum of Understanding
(MOU) that has been approved by the South
Bend School Corporation and executed by
Mayor Luecke of The City of South Bend.
The Commission's actions today will be
ratifying, confirming and approving the
MOU.
Ms. Greene advised that the Commission
has been previously briefed on this matter
and requested that the MOU be incorporated
into the record. It was noted that the Mayor
has the authority to sign contracts; however,
those contracts are made valid by action of
the body that will be carrying out the actual
contract performance. Resolution No. 1962
requests the Commission to ratify the
Mayor's signature.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved Resolution No. 1962
ratifying, confirming and approving certain
actions related to the South Bend
Community School Corporation Project.
C. Sample -Ewing Development Area
(1) Presentation of project proposals for
Studebaker Corridor Parcel 7 located in
the Sample -Ewing Development Area.
(Bell Parts Supply, Inc. and Ziolkowski
Construction, Inc.)
Mr. Inks requested that Item 6.C.1. be
IL tabled. There were no objections and the
Commission tabled Item 6.C.1.
19
COMMISSION APPROVED RESOLUTION NO. 1962
RATIFYING, CONFIRMING AND APPROVING
CERTAIN ACTIONS RELATED TO THE SOUTH BEND
COMMUNITY SCHOOL CORPORATION PROJECT.
COMMISSION TABLED ITEM 6.C.1.
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(1) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Title work, Ancon & Mahler properties)
Mr. Williams reported title searches were
requested for two parcels of property
specifically known as Tax Key Nos. 25-
1011- 018709 and 04- 1011 -0189 for possible
acquisition. Meridian Title Corporation
submitted a proposal for both properties in
the total amount of $200. Staff recommends
accepting the proposal from Meridian Title
Corporation.
IL Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved the request for
professional services in the Airport
Economic Development Area and
authorized staff to retain Meridian Title
Corporation based on the scope of services
and fee proposed. (Title work, Ancon &
Mahler properties)
(2) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Appraisal work, Ancon & Mahler
properties)
Mr. Williams reported appraisal work was
requested for two parcels of property
specifically known as Tax Key Nos. 25-
1011- 018709 and 04- 1011 -0189 for possible
acquisition. Two appraisals are required for
each property. Proposals have been received
from Jerome E. Michaels & Associates in
IL the amount of $3,000 and R. E. Pitts &
Associates in the amount of $3,750 for a
19
COMMISSION APPROVED THE REQUEST FOR
PROFESSIONAL SERVICES IN THE AIRPORT
ECONOMIC DEVELOPMENT AREA AND
AUTHORIZED STAFF TO RETAIN MERIDIAN TITLE
CORPORATION BASED ON THE SCOPE OF
SERVICES AND FEE PROPOSED. (TITLE WORK,
ANCON & MAHLER PROPERTIES)
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(2) continued...
combined total of $6,750 for both properties.
Staff recommends accepting the proposals
from Jerome E. Michaels & Associates and
R.E. Pitts & Associates.
Upon a motion by Ms. Jones, seconded by
COMMISSION APPROVED THE REQUEST FOR
Mr. Blake and unanimously carried, the
PROFESSIONAL SERVICES IN THE AIRPORT
Commission approved the request for
ECONOMIC DEVELOPMENT AREA AND
professional services in the Airport
AUTHORIZED STAFF TO RETAIN JEROME E.
MICHAELS & ASSOCIATES AND R. E. PITTS &
Economic Development Area and
ASSOCIATES BASED ON THE SCOPE OF SERVICES
authorized staff to retain Jerome E. Michaels
AND FEES PROPOSED. (APPRAISAL WORK,
& Associates and R. E. Pitts & Associates
ANCON & MAHLER PROPERTIES)
based on the scope of services and fees
proposed. (Appraisal work, Ancon &
ILMahler
properties)
(3) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Survey work, Ancon & Mahler
properties)
Mr. Williams reported survey work was
requested for two parcels of property
specifically known as Tax Key Nos. 25-
1011- 018709 and 04- 1011 -0189 for possible
acquisition. Danch, Harper & Associates
submitted a proposal for both properties in
the total amount of $2,450. Staff
recommends accepting the proposal from
Danch, Harper & Associates.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved the request for
Caw professional services in the Airport
Economic Development Area and
authorized staff to retain Danch, Harper &
20
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(3) continued...
Associates based on the scope of services
COMMISSION APPROVED THE REQUEST FOR
and fee proposed. (Survey work, Ancon &
PROFESSIONAL SERVICES IN THE AIRPORT
Mahler properties)
ECONOMIC DEVELOPMENT AREA AND
AUTHORIZED STAFF TO RETAIN DANCH, HARNER
& ASSOCIATES BASED ON THE SCOPE OF
SERVICES AND FEE PROPOSED. (SURVEY WORK,
ANCON & MAHLER PROPERTIES)
(4) Commission approval requested for
Resolution No. 1963 rescinding its
Resolution No. 1931, dated February 7,
2003 and further rescinding its Resolution
No. 1951, dated February 21, 2003.
Ms. Greene advised that Resolution
No. 1963 is a resolution to rescind two
previous resolutions: Resolution No. 1931
which the Commission approved on
February 7, 2003 and Resolution No. 1951
which the Commission approved on
February 21, 2003. Resolution No. 1931
added the properties to the acquisition list of
the Airport Economic Development Area
Development Plan and Resolution No. 1951
set the fair offering price on the three pieces
of property. It has subsequently been
determined that those properties were in
error and staff is requesting the Commission
rescind the two previous resolutions.
Mr. Greene noted for the record that no
actions have been taken resulting from either
resolution.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved Resolution No. 1963
rescinding its Resolution No. 1931, dated
21
COMMISSION APPROVED RESOLUTION NO. 1963
RESCINDING ITS RESOLUTION NO. 1931, DATED
FEBRUARY 7, 2003 AND FURTHER RESCINDING
ITS RESOLUTION NO. 1951, DATED FEBRUARY
21, 2003.
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(4) continued...
February 7, 2003 and further rescinding its
Resolution No. 1951, dated February 21,
2003.
E. South Bend Medical Services District
There was no business in the South Bend
Medical Services District.
G. South Side Development. Area
(1) Commission approval requested for
Resolution No. 1955 designating and
declaring the South Side Economic
ILI Development Project District, approving
the South Side Economic Development
Project District Development Plan and
determining to create an Economic
Development Project District for purposes
of sales tax increment financing.
Mr. Schalliol advised that the action taken
by the Commission today would not be
approving Resolution No. 1955, only the
filing of Resolution No. 1955 and setting a
hearing for March 21, 2003.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission accepted for filing Resolution
No. 1955 and set a hearing on Resolution
No. 1955 for March 21, 2003 at 10:00 a.m.
at a Regular Meeting of the Redevelopment
Commission.
(w 22
THERE WAS NO BUSINESS IN THE SOUTH BEND
MEDICAL SERVICES DISTRICT.
COMMISSION ACCEPTED FOR FILING RESOLUTION
NO. 1955 AND SET A HEARING ON RESOLUTION
NO. 1955 FOR MARCH 21, 2003 AT 10:00 A.M.
AT A REGULAR MEETING OF THE
REDEVELOPMENT COMMISSION.
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
G. South Side Development Area
(2) Commission approval requested for
Memorandum of Understanding between
the South Bend Redevelopment
Commission and Anchor Associates.
concerning the Anchor Associates
Development Project.
Ms. Greene noted that the Commission had
been previously briefed on the
Memorandum of Understanding (MOU)
with Anchor Associates.
Mr. Schalliol highlighted major points of the
Anchor Associates Development Project.
The project begins at the southwest corner of
Michigan and Ireland and continues west to
ILthe Industrial Park. In the center of the site
is the Fitterling Project Development Site.
The MOU sets out a two phase project. The
first phase is the eastern phase, which at its
minimum would develop 115,000 sq ft.
Phase II is the western half of the site and
would total up to 300,000 sq ft of
development space. Commercial and retail
development are the goals for the project
area. This will be a challenging project and
there are several key points within the MOU.
(1) The City has some support requirements
for vacation of some of the public streets;
(2) There's an opportunity for an option on
the Fire Station property which would then
allow it to be relocated off -site, somewhere
else within the South Side Development
Area; (3) One of the early development
issues to be dealt with is an AEP power line
that runs through the center of the Phase I
site; (4) Long term there will be issues
23
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
G. South Side Development Area
(2) continued...
regarding the Fitterling site. The City
requirements detailed in the MOU will be
detailed more specifically within a
Development Agreement.
The City, through its Redevelopment
Commission, will use TIF money where
available and generated from this project site
to put back into the site for some of the
needed improvements. There are other
funding mechanisms as previously
discussed. The project is currently on track
and moving forward.
Mr. Hunt asked if the shopping strip next to
the fire station would ultimately be
acquired?
Mr. Schalliol responded, yes; however, the
bank, restaurant and a professional office
building would remain on -site.
Ms. Greene noted that in the MOU many of
the existing businesses remain. She also
noted that the fire station referenced in the
MOU is not a full scale fire station. There
are only two ambulances and it would not be
a difficult matter to relocate the station.02
Ms. Greene advised that the MOU is the first
stage of the process. The next step will be
generating a Development Agreement. The
project will then proceed from there.
(W 24
Am
[A
A
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
6. NEW BUSINESS (CONT.)
G. South Side Development Area
(2) continued...
Upon a motion by Ms. Jones, seconded by COMMISSION APPROVED THE MEMORANDUM OF
Mr. Blake and unanimously carried, the UNDERSTANDING BETWEEN THE SOUTH BEND
Commission approved the Memorandum of REDEVELOPMENT COMMISSION AND ANCHOR
ASSOCIATES.
Understanding between the South Bend
Redevelopment Commission and Anchor
Associates.
H. Other
There was no Other business.
7. PROGRESS REPORTS
Mr. Rock reported the Main and Jefferson Project
went out to bid. Mr. Rock commended the great job
performed by the Legal Department, the
Commission, Mr. Bob Mathia and everyone else
involved in the project.
Mr. Schalliol reported on the concept site plan that
was in the newspapers and on television for the mall
site. The big news with this project is that the mall
disappears and almost equal square footage to actual
store space will be built in its place. The goal is
national retailers and within the next couple of
weeks there will be an announcement of who those
retailers will be. Staff is weeks away from a
Memorandum of Understanding or Development
Agreement.
Ms. Greene noted there have been a lot of questions
raised as to the mall concept itself, but, realistically,
indoor malls are very expensive. The tenants have
increased costs of interior maintenance, heating, air
conditioning, security, etc. Even though this will be
25
THERE WAS NO OTHER BUSINESS.
PROGRESS
C+J
South Bend Redevelopment Commission
Regular Meeting —March 7, 2003
7. PROGRESS REPORTS (CONT.)
a different concept from the current Scottsdale
interior mall, hopefully it will be more affordable
for tenants. The concept has received a lot a
favorable and very positive comments.
8. NEXT COMMISSION MEETING
The next Regular Meeting of the Redevelopment
Commission is scheduled for March 21, 2003 at
10:00 a.m.
9. ADJOURNMENT
There being no further business to come before the
Redevelopment Commission, Ms. Jones made a
motion that the meeting be adjourned. Mr. Blake
seconded the motion and the meeting was adjourned
at 10:50 a.m.
Robert W. Hunt, President
26
NEXT COMMISSION MEETING
ADJOURNMENT
II
Donald E. Inks, Director
MOU Between City of South Bend and SBCSC
City's Responsibilities
City will purchase Lots 1, 2, 3, 4, and 5 (Exhibit "A" attached). The City currently owns
Lots 1 and 2.
2. City will put Lots 1, 2, 3, 4 and 5 up for public bid
The City will accept from SBCSC the 3 acre parcel for the TJX site owned by SBCSC
along with $307,000 for Lots 1, 2, 3, 4, and 5. SBCSC will execute an agreement with
TRANSPO for Lot 8. SBCSC will transfer Lots 10 and 11 to the City provided the City
has an agreement with HLFI to accept Lots 10 and 11 from the City. If the City cannot
negotiate an agreement with HLFI then the project will not proceed.
4. The City will bear all costs associated with purchasing Lots 1, 2, 3, 4, and 5 along with
demolishing any buildings upon these Lots.
5. The City will allow SBCSC to transfer the property to a third party to construct and own a
building and grounds which will be leased to SBCSC.
6. The City will not provide a tax abatement for the project. At the end of the lease with the
third party the building and property will become tax exempt.
SBCSC Responsibilities
1. SBCSC will construct a 40,000 to 50,000 sq ft building upon the development site.
2. SBCSC agrees to bid on the development site when it is offered for disposition
3. SBCSC agrees to transfer approximately 3 acres of land associated with the TJX project
to the City and to pay $307,000 for Lots 1, 2, 3, 4, and 5. Also SBCSC agrees to execute
an agreement with TRANSPO for Lot 8 and to transfer Lots 10 and 11 to HLFI. The
project does not proceed if the City cannot negotiate an agreement with HLFI.
4. SBCSC will accept the development site "as is" by quit claim deed.
Miscellaneous
1. The City and SBCSC will develop a plan for the site that is acceptable to both parties and
is consistent with the South Bend Central Development Area Plan.
2. The City is relying on SBCSC to construct a 40,000 to 50,000 sq. ft. building to house
approximately 150 employees and the primary use of the building will be to provide
office, meeting, conference, training and other related uses.
3. The transaction will not continue if; (1) SBCSC determines the project is not feasible, (2)
SBCSC does not enter into a separate agreement with TRANSPO for Lot 8, (3) The City
is unable to negotiate an agreement with HLFI, (4) or otherwise mutually agreed by the
parties.
A
EXHIBIT A
ANCHOR ASSOCIATES PROJECT
MEMORANDUM OF UNDERSTANDING ( "MOU ")
March 7, 2003
1) Purpose. The purpose of this MOU is to summarize the list of commitments that the
negotiating teams for Anchor Associates ( "Developer ") and South Bend Redevelopment
Commission ( "Commission "), governing body of the Commission of South Bend
Department of Redevelopment have made to one another to date. As soon as reasonably
possible, the negotiating teams agree to work together to reduce the MOU to a more formal
development agreement (the "Development Agreement "). Finally, this signed MOU will
allow both parties to initiate the next series of actions required to move the project forward
with a better understanding of the type and degree of risk involved at this stage of the Project.
2) Transfer & Assignment of Rights. Developer may, at its option, transfer any portion of the
Development site, as shown on the general site plan attached hereto as Attachment 1 (the
"Anchor Site "), and assign its corresponding rights under this MOU and/or the Development
Agreement that follows to another party. It is the intention of Developer to develop the
Anchor Site as a retail shopping area and to add more high - quality retail stores for the
citizens of South Bend, Indiana. Notwithstanding any such assignment or transfer,
Developer shall remain legally responsible for all of the performance goals and failure to
perform penalties outlined in this MOU and, in more detail, in the Development Agreement.
Additionally, the assignee would have the same corresponding contractual rights and
ILdevelopment obligations as Developer has under this MOU and /or Development Agreement.
3) Project Phases: The Parties understand and agree that this Project may be accomplished in
Phases as described at Attachment 2 attached hereto. Phase I of the Project shall include the
construction of a minimum of 115,000 ± square foot retail establishment as an anchor tenant.
Phase I shall be accomplished on the area of the proposed development site that is situated
east of and shall include part of the property commonly known as the Fitterling site located
on Ireland Road. Phase II of the Project shall include the construction of additional multiple
retail establishments with a total collective square footage consisting of up to 300,000±
square feet. Phase II shall be accomplished on the area of the proposed development site that
is situated west of and shall include part of the property commonly known as the Fitterling
site located on Ireland Road.
4) Site Assemblage. Commission shall facilitate the Project by assisting Developer in
assembling a development site as shown on Attachment 1. In accomplishing such action,
Commission shall follow the procedures set forth at Ind. Code § 36- 7 -14 -1, et seq., by which
the Commission is bound. In order to afford a maximum opportunity for redevelopment of
the South Side Development Area ( "SSDA ") and the Development Site, and as authorized by
Ind. Code § 36- 7- 14 -20, Commission hereby agrees to initiate eminent domain as a means to
acquire property ( "Acquired Parcels ") to accomplish the Project following the procedure set
forth at Ind. Code § 3 2- 11 -1 -1, et seq provided, however, that the property sought to be
acquired by such means is necessary to accomplish the Project, the property will be utilized
for a public use and public purpose, and that such use of the property is consistent with the
SSDA Plan. Those properties which the parties have identified as having the potential for
acquisition by the Commission are described on Attachment 3 incorporated herein.
a) Fire Station. Commission hereby acknowledges that the Project may involve
construction by Developer on the property currently being utilized as a fire station on
Ireland Road. Commission, upon request by Developer, agrees to relocate the fire
station and to then offer the property for sale through the public bidding process
prescribed by Ind. Code § 36- 7- 14 -22, or through a negotiated sale as permitted by
Ind. Code § 36- 7- 14- 22(h), said negotiated sale may provide for the granting of a one
(1) year option to Developer to purchase the fire station parcel at a price to be agreed
upon in the Development Agreement.
b) Street Vacation. Consistent with City policy, Commission agrees to endorse and
support Developer's efforts to vacate portions of South Main, Lafayette, South
Hoover and Auten so that Developer can be assured that a unified, contiguous
development parcel is available for private development and endorse and support
Developer in its efforts related to rezoning where necessary consistent with the use
intended.
5) Anchor Site Stores. Developer and the Commission will jointly prepare and agree on a list
of the type of retail stores to be recruited for the development in order to meet the public
expectation of South Bend citizens and customers and to justify the public assistance
requested. Developer agrees to prepare, fund and implement a retail development strategy
with the following objectives in terms of the square footage, type, mix and general quality of
retails stores:
* One or more Discount Department Stores (with or without groceries);
* Home Improvement Store;
* Restaurants; and
* Specialty Retailers (books, sporting goods, home accessories, etc.)
6) Indemnification. Upon acquisition by the Commission, Developer, or its designated agent,
shall make an offer to purchase the Acquired Parcels, either as separate parcels or as an
assembled site, in an amount equal to or greater than the minimum acceptable bid and shall
meet or exceed all bid specifications as set by the Commission in accordance with Ind. Code
§ 36- 7- 14- 22(c). If Commission proceeds with acquisition of the Acquired Parcels and, for
whatsoever reason, Developer does not purchase the Acquired Parcels from Commission,
Developer shall reimburse the Commission in an amount which is the difference between the
selling price of the Acquired Parcels received by the Commission and the total cost of
acquisition, including appraisals, title, survey, and closing costs and shall, as a penalty, pay
the Commission the sum of One Hundred Thousand and 00 /100 Dollars ($100,000.00)
( "Penalty "). Developer shall pay said Penalty to Commission on the date that Commission
closes the transaction to purchase the Acquired Parcels and the Penalty shall either be (i)
credited to Developer at closing of Developer's purchase of the Acquired Parcels from
Commission or (ii) retained by Commission as provided herein. Should Developer desire to
terminate its obligations to purchase the Acquired Parcels prior to acquisition by the
Commission, Developer shall only be obligated to reimburse the Commission for its third
2
party out -of pocket expenses, including without limitation appraisal, title, and survey
expenses, if applicable. Neither the Commission nor Developer will be required to reimburse
the other party for predevelopment costs incurred prior to the execution of the MOU.
7) Financing of Infrastructure Improvements. Developer has requested that the Commission
provide certain infrastructure improvements to the Anchor Site (the "Infrastructure
Improvements "). The Parties intend that the Infrastructure Improvements shall be paid for
through Tax Incremental Financing ( "TIF ") or by the Developer and /or the tenant/end -user
( "Tenant ") in which case the Developer or Tenant shall request tax abatement from the City.
In December, 2002, the Commission created a Tax Increment Financing Allocation Area
( "TIF Area ") for the Project area. To the extent that TIF revenues are generated from the
Anchor Site, Commission agrees to utilize said funds to facilitate Infrastructure
Improvements for the Anchor Site as defined in Paragraph 8, below, and in a manner
consistent with Indiana law governing the use of such funds, provided, however,
Commission's investment is capped at an amount not to exceed expected TIF revenues to be
generated by the Project. In the event the Developer determines not to pursue the use of TIF
and determines that Developer or Tenant shall pay for such Infrastructure Improvements, the
Developer or Tenant may request that City provide tax abatement as permitted by law, it
being the intent of the Developer that the savings realized as a result of tax abatement offset
all or some portion of the cost of Infrastructure Improvements. If Infrastructure
Improvements are to be accomplished by use of a TIF bond issue, the Commission shall pay
for the Infrastructure Improvements up to the amount that may be paid for from the available
proceeds of such financing. Developer and Commission shall work together to prepare a
schedule ( "Project Schedule ") detailing the timing of the Infrastructure Improvements.
8) Infrastructure Improvements. Subject to financial limitations established by the Parties and
financing options as referenced in paragraph 7 as well as the limitations set by law, the
Commission agrees to cooperate with Developer to provide certain Infrastructure
Improvements which may include, among others:
a) Street Improvements. The improvement of the turn lanes and signalization at West
Ireland and U.S. 31 South, signalization on West Ireland and on Main Street, and
widen West Ireland pursuant to requirements suggested by traffic studies in order to
provide efficient and safe movement of vehicles for the Anchor Site stores and
customers and adjacent businesses and facilities. Developer shall provide adequate
right -of -way to facilitate the aforementioned improvements along Ireland Road from
property owned or acquired by Developer for the Project. Other necessary property
for the right -of -way shall be acquired by Commission. Further, the Commission
agrees to work with Developer and the Indiana Department of Transportation to
secure direct access to the Anchor Site from U.S. 31 South.
b) Perimeter Improvements. If determined to be necessary and appropriate, provide new
curbs, sidewalks, lighting and streetscape on the perimeter of the existing and
expanded Anchor Site. The specific design and engineering aspects of the perimeter
improvements will be coordinated with Developer's design plan for internal
improvements to the Anchor Site. In the event that Developer requests that City
install any special lighting as part of this Project, Developer hereby agrees to bear any
3
increased cost that is over and above City's customary and usual expense for lighting
within the City of South Bend.
c) On -site Public Utilities/Easements. Provide utilities to the site. Developer agrees to
make all the necessary utility hook -ups from the site boundary to the individual
buildings. Developer also agrees to work with the City to develop a site plan which
minimizes the need to relocate major utility lines already in place on the present site
and on the proposed site plan.
d) On -site Private Utilities /Easements. Developer agrees to work with the private utility
providers to secure any necessary relocation of private utilities. The Commission
agrees to support Developer in its efforts with the private utilities.
e) Zoning Variance, Special Permits, Etc. The parties acknowledge that the Anchor site
shall be located within a redevelopment district known as the "South Side
Development Area" and accordingly, development shall be accomplished consistent
with the South Side Development Area Development Plan. Consistent with the South
Side Development Area Development Plan. Consistent with the governing City
policy and the South Side Development Area Plan, the Commission agrees to endorse
and support Developer in its efforts to seek zoning, variance, subdivision,
right -of -way vacation, or special permit(s) required to complete the Project.
f) Environmental Remediation. As determined to be necessary and appropriate, provide
environmental and/or geotechnical testing and remediation.
g) Demolition. To demolish the existing improvements located on the site.
9) Private Investment. Developer agrees to the following investment goals for the project:
* Level of Private Investment: A minimum of Seven Million Dollars
($7,000,000) will be invested in the development of the Anchor Site at
Phase I, whether through equity, debt, and third -party investment, with the
final amount to depend on its ultimate square footage.
* The type of private investment includes, but is not limited to, acquisition,
demolition, construction, tenant improvements, soft costs, and closing
expenses.
10) Failure to Perform. Both parties recognize that the Project requires a strong private - public
partnership in order that all Project goals can be achieved. The Commission has committed
to a series of large -scale public investments in land acquisition and public improvements.
Should Developer fall short on the investment targets, the Commission will require that
Developer reimburse the Commission on a basis to be agreed upon in the Development
Agreement.
11) Agreement to Date. This non - binding MOU represents the basic agreement to date. Both the
Commission and Developer agree that the above items that have been identified as "agreed
to" by one or both parties will serve as the basis for the Development Agreement, which both
rd
A
parties agree to diligently work towards being executed by the 3TM day of NA-P-C14 ,
2003.
12) Project Schedule. A detailed Project schedule shall be prepared by Developer provided as an
exhibit to the Development Agreement.
SOUTH BEND REDEVELOPMENT
COMMISSION OF SOUTH BEND
Bv: .� �''�r'
, Robert W. Hunt, President
ATTEST:
By;
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