HomeMy WebLinkAboutRDC Packet 8.23.2018
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, August 23, 2018 9:30 a.m.
1. Roll Call
2. Approval of Minutes
A. Minutes of the Regular Meeting of Thursday, July 26, 2018
3. Approval of Claims
A. Claims Submitted August 23, 2018
4. Old Business
5. New Business
A. River West Development Area
1. Resolution No. 3438 (Transfer of Property from Parks) – D2
2. Resolution No. 3439 (Waiver of Prohibition of Third Party Transfer to JSK) – D2
3. License Agreement (Gridiron) – D2
4. First Amendment to Real Estate Purchase Agreement (Jefferson/Main) – D2
B. South Side Development Area
1. Budget Request (St. Joseph Streetscape, Project No. 118-008) – D5
C. Administrative
1. Resolution No. 3440 (Setting Public Hearing for Additional 2018 TIF
Appropriations) – All
6. Progress Reports
A. Tax Abatement
B. Common Council
C. Other
7. Next Commission Meeting:
Thursday, September 13, 2018, 9:30 a.m.
8. 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 Be n d
Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, IN
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
July 26, 2018
9:30 a.m. 227 West Jefferson Boulevard
Presiding: Dave Varner, Vice-President South Bend, Indiana
The meeting was called to order at 9:30 a.m.
1.ROLL CALL
Members Present:Dave Varner, Vice-President
Don Inks, Secretary
Gavin Ferlic, Commissioner
Quentin Phillips, Commissioner
Members Absent: Marcia Jones, President
Leslie Wesley, Commissioner
Legal Counsel: Sandra Kennedy, Esq.
Redevelopment Staff: David Relos, RDC Staff
Mary Brazinsky, Board Secretary
Others Present: Daniel Buckenmeyer
Kyle Silveus
Eric Henderson
DCI
Engineering
Prism Environmental
ITEM: 2A
South Bend Redevelopment Commission Regular Meeting – July 26, 2018
2.Approval of Minutes
A.Approval of Minutes of the Regular Meeting of Thursday, July 12, 2018
Upon a motion by Secretary Inks, seconded by Commissioner Phillips, the
motion carried unanimously, the Commission approved the minutes of the
regular meeting of Thursday, July 12, 2018.
3.Approval of Claims
A.Claims Submitted July 26, 2018
South Bend Redevelopment Commission Regular Meeting – July 26, 2018
Commissioner Phillips noted the line item for Walsh & Kelly is the same on this
claims list as it was the last claims list. Staff will check this with Redevelopment
Finance and make corrections as needed.
Upon a motion by Secretary Inks, seconded by Commissioner Ferlic, the motion
carried unanimously, the Commission approved the claims submitted on
Thursday, July 26, 2018.
4.Old Business
5.New Business
A.River West Development Area
1.Lease (Tapastrie)
Mr. Relos presented the Lease for Tapastrie, whose lease in the Palais Morris
Building expired the end of March. Since then staff has been working with them
on new lease terms. Because of the downtown cross streets project on Colfax
and Michigan streets, which directly affects Tapastrie’s business, the rent has
been reduced for the first six months of the lease’s three year term, and then steps
up in increments for the remaining term. There is an option to renew, with rent
and cam being able to be adjusted based on market conditions for the renewal
term.
Upon a motion by Secretary Inks, seconded by Commissioner Ferlic, the motion
carried unanimously, the Commission approved Lease (Tapastrie) submitted on
Thursday, July 26, 2018.
6.Progress Reports
A.Tax Abatement
1.There were two confirmings on Lincolnway West.
B.Common Council
C.Other
7.Next Commission Meeting:
Thursday, August 9, 2018, 9:30 a.m.
8.Adjournment
Thursday, July 26, 2018, 9:35 a.m.
David Relos, Property Development Manager Dave Varner, Vice-President
ITEM: 3A
CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
Redevelopment Commission Agenda Item
DATE:
FROM:
SUBJECT:
August 23, 2018
David Relos, Property Development Managera,
Resolution No. 3438 (Accepting parcel from Parks)
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
Resolution No. 3438 approves the transfer to the Commission of a parcel south of Stephenson Mills from
the Board of Park Commissioners (Parks). This parcel was transferred to Parks in 2016 because three
City entities (BPW, RDC, and Parks) had ownership interests in the land south of Stephenson Mills and
the Wharf site. With the many planned construction activities in this area, common ownership would
streamline the approval process for agreements between the various parties.
This parcel is burdened by an easement/ option to buy dating back to 1993, when Stephenson Mills was
redeveloped. Additionally, there are overlapping easements dating back to when this area was an
industrial site. To clean this area of these many overlapping easements, and to allow for the expansion of
Seitz Park and the transfer of land to Stephenson Mills, this area is planned to be replatted and the old
easements between the parties released.
To allow these plans to move forward, this parcel needs to be transferred back to the Commission. After
the replat process the remaining land will be transferred back to Parks, which will allow Seitz Park to be
upgraded and expanded. On August 20th Parks approved transferring this parcel to the Commission.
Staff requests approval of Resolution No. 3438, accepting the transfer of this parcel from Parks.
INTERNAL USE ONLY: Project Code: ___ N'-'-A ________________ _._
Total Amount new/change (inc/dee) in budget: __ -0-· Breakdown:
Costs: Engineering Amt: · Other Prof Serv Amt ______ _
Acquisition of Land/Bldg (circle one) Amt: ____ ; Street Const Amt ______ _
Building Imp Amt · Sewers Amt ____ ; Other (specify) Amt: _____ _
_________________ . Going to BPW for Contracting? Y/N
Is this item ready to encumber now? _N/A_ Existing PO# ____ Inc/Dec$ ____ _
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
14005 County-City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 46601 I p 574.235.9371 If 574.235.9021 I www.southbendin.gov
ITEM: 5A1
RESOLUTION NO. 3438
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE SOUTH BEND BOARD OF PARK COMMISSIONERS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) exists and
operates pursuant to I.C. 36-7-14 (as amended, the “Act”); and
WHEREAS, the South Bend Board of Parks Commissioners (the “Park Board”) exists
and operates pursuant to I.C. 36-10-3 and 36-1-4; and
WHEREAS, the Commission previously transferred certain real property located in the
Seitz Park area (“Property”) in the City of South Bend, Indiana (the “City”) to the Park Board
pursuant to a quit claim deed authorized by the Commission’s Resolution No. 3368, adopted on
November 21, 2016; and
WHEREAS, the Commission and the Park Board desire to enter into an agreement with
FREG Stephenson Mill Associates, LLC related to the renovation, expansion, and improvement
of Seitz Park by the City (the “Project”); and
WHEREAS, following the finalization of the Project title work, agreements, and re-
platting, the Commission will convey back to the Park Board approximately the Seitz Park
property depicted in Exhibit B (the “Expanded Seitz Park Area”).
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1.The Commission hereby accepts the conveyance of the Property from the Park
Board pursuant to I.C. 36-1-11-8 pursuant to a quit claim deed in a form substantially similar to
the document attached hereto as Exhibit A, conveying all of the Park Board’s right, title, and
interest in the Property to the Commission.
2.The Commission authorizes David Relos of the City’s Department of Community
Investment to present for recordation in the Office of the Recorder of St. Joseph County, Indiana,
the deed conveying the Property to the Commission.
3.This Resolution will be in full force and effect upon its adoption by the
Commission.
Signature Page Follows
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
August 23, 2018, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Donald E. Inks, Secretary
EXHIBIT A
Form of Quit Claim Deed
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the City of South Bend, Indiana, by and through its Board of
Park Commissioners (the “Grantor”)
CONVEYS AND QUIT CLAIMS TO the City of South Bend, Indiana, for the use and benefit of its
Department of Community Development, acting by and through its Redevelopment Commission, for and
in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, the real estate located in St. Joseph County, Indiana, and more particularly
described in attached Exhibit 1 (the “Property”).
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify
that each has been fully empowered and authorized to execute this Quit Claim Deed and that all action
necessary to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
Dated this _____ day of _________________, 2018.
GRANTOR:
City of South Bend, Indiana, by and through its Board of
Park Commissioners
By: ________________________________________
Mark Neal, President
ATTEST:
By: _______________________________________
Eva Ennis, Clerk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this _____ day of
_______________, 2018, personally appeared Mark Neal and Eva Ennis, to me known to be the President
and Clerk of the Board of Park Commissioners of the City of South Bend, Indiana, the Grantor, and
acknowledged execution of the foregoing Quit Claim Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
___________________________, Notary Public
Resident of _______________ County, _______
Commission expires: _____________
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Clara McDaniels
Prepared by Clara McDaniels, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601
Exhibit 1
A part of Lots 3 through 8, inclusive, as shown on the recorded Plat of Miller and Green’s First
Addition to the Town of Lowell, now City of South Bend, together with that part of Green Street,
now vacated, adjacent to said Lots, and also all that land lying South of Washington Street and
bounded on the East by the East Race, and on the South and the West by a tract of land owned by
the City of South Bend, said tract being more particularly described as follows:
Beginning at a point on the West line of Gintz Avenue, 273.00 feet South of the South line of
Colfax Avenue, measured at right angles to said South line of Colfax Avenue; thence South
05°27’44” East, along said West line of Gintz Avenue, 137.22 feet; thence North 89°54’36”
East, 24.00 feet; thence South 03°34’50” East, 227.30 feet to a point on the North line of a strip
of land heretofore sold to the City of South Bend; thence South 54°12’12” West, 32.03 feet;
thence North 46°07’59” West, 131.29 feet; thence North 41°02’53” West, 31.37 feet; thence
North 17°50’28” West 66.26 feet; thence North 24°37’29” West, 225.00 feet to a point 273.00
feet South of the South line of said Colfax Avenue; thence North 89°57’36” East, parallel with
said South line of Colfax Avenue, 204.05 feet to the place of beginning.
ALSO DESCRIBED AS:
All that part of a tract or parcel of land within the City of South bend, bounded on the North by
Colfax avenue, on the East by the East Race, on the South and on the West by the St. Joseph
River, which is South of a line 273 feet South of and parallel to the South line of Colfax avenue,
remaining after conveyance by grantor of a portion thereof to the City of South Bend, a
Municipal Corporation, by Warranty Deed dated November 4, 1977 and recorded January 6,
1978 as Document Number 7800296 in the Office of the Recorder of St. Joseph County, Indiana.
EXCEPTING THEREFROM:
That part of Lots 3 through 8 as shown on the recorded plat of Miller and Green’s 1st Addition to
the Town of Lowell, as recorded in the records of St. Joseph County, Indiana, which is described
as beginning at a point which is South 26°17’33” East, 109.20 feet, and South 20°15’43” East,
103.83 feet (20°16’19” East, record) and South 273.00 feet from a point on the South line of
Colfax Street which is West, 220.42 feet from the West line of Gintz Avenue; thence 57°43’06”
East, 19.64 feet; thence South 24°36’05” East, 21.77 feet; thence South 17°48”04” East, 66.26
feet; thence South 41°00’29” East, 31.37 feet; thence South 46°05’35” East, 42.47 feet; thence
South 44°13’06” West, 9.17 feet; thence North 46°28’30” West, 42.54 feet; thence North 40°07’
21” West, 34.03 feet; thence North 26°17’33” West, 85.65 feet to the point of beginning.
ALSO EXCEPTING THEREFROM:
That part of Lots 3 through 8 as shown on the recorded plat of Miller and Green’s 1st Addition to
the Town of Lowell, as recorded in the records of St. Joseph County, Indiana, which is described
as: Beginning at a point which is North 57°43’06” East, 19.64 feet and South 26°17’35” East,
109.20 feet and South 20°15’43” East, 103.83 feet (South 20°16’19” East, record) and South,
273.00 feet from and south 20°15’43” East, 103.83 feet (South 20°16’19” East, record) and
South, 273.00 feet from a point on the South line of Colfax Street which is West, 220.42 feet
from the West line of Gintz Avenue; thence North 57°43’06” East, 25.54 feet; thence South
32°16’54” East, 149.75 feet; thence South 84°46’04” West, 41.28 feet (South 83°47’55” West,
record); thence North 46°05’35” West, 14.66 feet, thence North 41°00’29” West, 31.37 feet;
thence North 17°48’04” West, 66.26 feet; thence North 24°35’05” West, 21.77 feet to the Point
of Beginning.
ALSO EXCEPTING THEREFORM:
A parcel of land described as commencing at the intersection of the South right-of-way line of
Colfax Avenue with the right-of-way lines of Niles Avenue, thence North 89°54’00” West, along
said South right-of-way line, a distance of 232.26 feet to the Easterly right-of-way line of Gintz
Avenue; thence South 05°53’22”East, along said Easterly right-of-way line, a distance of 274.46
feet; thence South 5°27’44” East, along said Easterly right-of-way line, a distance of 137.81 feet;
thence South 3°34’50” East, a distance of 144.46 feet; thence South 3°12’46” West, a distance of
8.90 feet; thence South 52°57’51” West, a distance of 32.89 feet to the Easterly meander line of
the St. Joseph River; thence North 46°31’03” West along said Easterly meander line, a distance
of 132.0 feet; thence North 83°47’35” East, a distance of 104.54 feet; thence North 3°34’50”
West, a distance of 70.00 feet; thence North 86°25’10” East, a distance of 13.99 feet to the place
of beginning.
Tax Parcel No. 018-5001-0005
EXHIBIT B
Expanded Seitz Park Area
E COLFAX AVE
0 120 24060
Feet
1 Inch = 60 Feet ³
EXHIBIT B
Expanded SeitzPark Area
City of South Bend -
Expanded Seitz Park Area
City of South Bend - Department of Community Investment
RESOLUTION NO. 3439
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
WAIVING CONTRACTUAL PROVISION TO ALLOW TRANSFER OF THE FORMER
COLLEGE FOOTBALL HALL OF FAME PROPERTY
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) exists and
operates pursuant to I.C. 36-7-14 (as amended, the “Act”); and
WHEREAS, pursuant to its purposes under the Act, the Commission entered into that
certain Development Agreement dated July 16, 2015, as the same has been amended from time
to time (the “Development Agreement”), with Southhold, LLC (“Southhold”) for the
development of certain real property, including the former College Football Hall of Fame (as
more particularly described in the Development Agreement, the “Hall of Fame Property”); and
WHEREAS, Section 13 of the Fifth Amendment to the Development Agreement
(“Section 13”) prohibits Southhold from transferring the Hall of Fame Property to a third party
for thirty-six months from the Hall of Fame Property closing date unless a payment is made to
the Commission; and
WHEREAS, the sale of the Hall of Fame Property closed on August 22, 2018, and
Southhold desires to transfer the Hall of Fame Property to a related company, JSK Development
Inc. for bookkeeping purposes; and
WHEREAS, the Commission desires to waive the prohibition of the transfer of the Hall
of Fame Property to a third party related to Southhold without waiving any future enforcement of
Section 13.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1.The Commission hereby waives the prohibition against the transfer of the Hall of
Fame Property from Southhold to JSK Development, Inc., as well as the right to receive a
transfer of the payment due under Section 13.
2.The Commission expressly states that the waiver of Section 13 is only made for
the transfer from Southhold to JSK Development, Inc. in this instance and intends to enforce
Section 13 against Southhold with regard to any future third party transfers of the Hall of Fame
Property by JSK Development, Inc.
3.This Resolution may be recorded in the Office of the Recorder of St. Joseph
County, Indiana and will be in full force and effect upon its adoption by the Commission.
ITEM: 5A2
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
August 23, 2018, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Donald E. Inks, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Marcia I. Jones and Donald E. Inks, known to me to be the President and Secretary,
respectively, of the South Bend Redevelopment Commission and acknowledged the execution of the
foregoing Resolution No. 3439.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on
the 23rd day of August 2018.
My Commission Expires: ____________________________________
December 12, 2024 Mary C. Brazinsky, Notary Public
Residing in St. Joseph County, Indiana
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. Sandra L. Kennedy.
This instrument was prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
1
LICENSE AGREEMENT
FOR TEMPORARY USE OF REDEVELOPMENT COMMISSION PROPERTY
This License Agreement (this “Agreement”) is made on August 23, 2018 (the “Effective
Date”), by and between the South Bend Redevelopment Commission, governing body of the City
of South Bend Department of Redevelopment (the “Commission”), and University of Notre Dame
Du Lac, Inc., an Indiana non-profit corporation with a registered office address of 203 Main Bldg.,
Notre Dame, IN 46556 (the “Company”) (each a “Party,” and collectively, the “Parties”).
RECITALS
WHEREAS, the Commission owns certain real property and improvements located
within the River West Development Area of the City of South Bend, Indiana (the “City”), as more
particularly described in Exhibit A attached hereto (the “Property”); and
WHEREAS, Southhold, LLC (“Southhold”) retains or will acquire certain rights of
access to the Property, including rights pursuant to the Temporary Access Agreement between
Southhold and the Commission dated July 16, 2015, and any subsequent agreement between
Southhold and the Commission; and
WHEREAS, the Company desires temporary access to the Property for the purpose of
conducting various events throughout the year (each an “Activity” and collectively the
“Activities”), as described in the proposal attached hereto as Exhibit B (the “Activity Proposal”);
and
WHEREAS, the Commission is willing to permit the Company to gain access to and
temporarily use the Property for the Activities, subject to the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1.The Commission grants to the Company, its agents, employees, and invitees, a
temporary, non-exclusive license to enter and use the Property for the purpose of conducting the
Activities, provided that the Company’s use of the Property is reasonable at all times and comports
with the terms of the Activity Proposal, the terms of this Agreement, and all applicable laws. The
Company understands that the Property is comprised of the area commonly known as the Gridiron
alone, and this Agreement does not permit the Company to use the alleys, parking lots, or
sidewalks adjacent to the Property.
2.The Company’s license to use the Property for the Activities shall be effective for
the times stated in the Activity Proposal, provided, however, that the Commission or the
Commission’s authorized representative may revoke and terminate the license at any time for any
reason, as determined in its, his, or her sole discretion. The Company agrees that it will not store
any supplies, materials, goods, or personal property of any kind on the Property or otherwise use
the Property for any purposes except during the time of the license stated in the foregoing sentence.
ITEM: 5A3
2
Immediately upon the completion of each Activity, the Company will remove from the Property
all supplies, materials, goods, and personal property (including trash) used in connection with the
Activity. At all times during the period of the Activities, the Company will keep the Property in
good order and condition.
3.The Company understands and agrees that the Commission shall not be liable for
any loss, damage, destruction, or theft of the Company’s property or any bodily harm or injury
that may result from the Company’s use of the Property. The Company understands and agrees
that it will at all times be solely responsible for the safety and security of all persons on the
Property and any property the Company uses or stores on the Property in connection with the
Activities.
4.The Company shall not, without the prior written consent of the Commission, cause
or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept,
used, discharged, leaked, or emitted at the Property.
5.The Company understands and agrees that it will secure in its own name and at its
own expense all necessary permits and authorizations needed in order to conduct the Activities.
6.The Company understands and agrees that it will, at its own expense, observe and
comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations
of all governmental authorities in relation to the Activities conducted on the Property.
7.The Commission reserves the right to use the Property during the term of this
Agreement for any purpose that does not substantially interfere with or obstruct the Company’s
permitted use of the Property in accordance with the Activity Proposal and the other terms of this
Agreement.
8.To the extent that any portion of the Property is disturbed or damaged in connection
with the Company’s use of the Property, the Company, at the Company’s sole expense, shall
restore the Property to the condition that existed immediately prior to such disturbance or damage
to the satisfaction of the Commission.
9.The Company agrees and undertakes to indemnify and hold the City and the
Commission, and their respective agents, employees, successors, assigns, and licensees harmless
from any liability, loss, costs, damages or expenses, including attorneys’ fees, which the City or
the Commission may suffer or incur as a result of any claims or actions which may be brought by
any person or entity arising out of the approval granted herein by the Commission or the
Company’s use of the Property. If any action is brought against the City or the Commission, or
their respective agents, employees, successors, or assigns, in connection with the Activities, the
Company agrees to defend such action or proceedings at its own expense and to pay any judgment
rendered therein.
10.The Company, at the Company’s sole expense, shall maintain during the term of
this Agreement commercial general liability insurance covering the Company and the Activities
in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. The Company
agrees to include the Commission and the City as additional insureds on any such policy and
3
produce to the Commission a certificate of insurance evidencing the same. To the extent that the
Commission or the City is harmed as a result of the Company’s use of the Property, the Company
hereby grants the Commission first priority on any proceeds received from the Company’s
insurance. Notwithstanding anything in this Agreement to the contrary, neither the Commission
nor the City waive any governmental immunity or liability limitations available to them under
Indiana law.
11.Each undersigned person signing on behalf of his/her respective Party certifies that
he/she is duly authorized to bind his/her respective Party to the terms of this Agreement.
IN WITNESS WHEREOF, the Parties have each executed this Agreement to be effective
as of the Effective Date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION
B y: ______________________________
Marcia I. Jones, President
South Bend Redevelopment Commission
ATTEST:
______________________________
Donald E. Inks, Secretary
South Bend Redevelopment Commission
4
NOTRE DAME DU LAC, INC.
B y: ______________________________
Printed: ______________________________
Its: ______________________________
CONSENT OF SOUTHHOLD, LLC
Southhold, LLC hereby consents to the foregoing License Agreement between the South
Bend Redevelopment Commission and Downtown South Bend, Inc.
SOUTHHOLD, LLC,
an Indiana limited liability company
B y: ______________________________
Printed: ______________________________
Its: ______________________________
Date: ______________________________
EXHIBIT A
Description of Property
The portion of the following property commonly known as the Gridiron:
Lot 1 of the recorded plat of Hall of Fame Second Minor Subdivision, recorded on July 22,
2015, as Document No. 1518735, in the Office of the Recorder of St. Joseph County,
Indiana. [Parcel Key No. 018-3091-347405]
EXHIBIT B
Activity Proposal
1.Saturday, September 8th
2.Saturday, September 15th
3.Saturday, October 13th
1
FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
This First Amendment To Real Estate Purchase Agreement (this “First Amendment”) is
made effective as of August 23, 2018 (the “Effective Date”), by and between the City of South
Bend, Indiana, Department of Redevelopment, acting by and through its governing body, the South
Bend Redevelopment Commission (“Seller”) and Bald Mountain LLC, an Indiana limited liability
company with its office address at 21953 Protecta Drive, Elkhart, Indiana 46516 (“Buyer”) (each
a “Party” and together the “Parties”).
RECITALS
A.Buyer and Seller entered into that certain Real Estate Purchase Agreement, dated
April 26, 2018 (the “Purchase Agreement”), for the purchase and sale of the Property (as defined
in the Purchase Agreement) located in the City of South Bend.
B.Buyer has requested an extension of the due diligence period due to unforeseen
circumstances.
C.The Parties wish to further amend the Purchase Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this First
Amendment and the Purchase Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1.In Section 3.B. of the Purchase Agreement, the phrase “one hundred twenty (120)
days” shall be deleted and replaced with “one hundred fifty (150) days.”
2.Unless expressly modified by this First Amendment, the terms and provisions of
the Purchase Agreement remain in full force and effect.
3.Capitalized terms used in this First Amendment will have the meanings set forth in
the Purchase Agreement unless otherwise stated herein.
[Signature page follows.]
ITEM: 5A4
2
IN WITNESS WHEREOF, the Parties hereby execute this First Amendment to Real
Estate Purchase Agreement to be effective on the Effective Date stated above.
BUYER:
Bald Mountain LLC,
an Indiana limited liability company
__________________________
Printed:
Its:
Dated:
SELLER:
City of South Bend, Department of Redevelopment,
by and through its governing body, the South Bend
Redevelopment Commission
__________________________
Marcia I. Jones, President
ATTEST:
__________________________
Donald E. Inks, Secretary
Redevelopment Commission Agenda Item
DATE: August 23, 2018
FROM: Kyle Silveus, P.E., Assistant City Engineer
SUBJECT: Budget Request – St. Joseph Streetscape, Project No. 118-008
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: Funding request in the amount of $70,000 for the extension of water main and
Fire Hydrant installation along Callander St. This request for funding is in addition to the $400,000 that
was previously approved for the design and construction of roadway improvements to St. Joseph Street.
Pending approval, the proposed water main would be added to the St. Joseph Streetscape Project to be
bid at the end of August.
Specifics:
The proposed 8” water main will connect to the existing 8” water main along St. Joseph Street and will
extend approximately 275’ to the west. The proposed water main will serve the new Holiday Inn
development as well as the future development on the north side of Callander Street. The water main
would be added to the St. Joseph Streetscape project that currently includes a road diet, new sidewalks,
lighting and drainage to improve the street. St. Joseph Street will serve as the new entryway to the
future new Menards, Holiday Inn, as well as a new restaurant on the south side of South Bend.
INTERNAL USE ONLY: Project Code: 18J003_______________________________;
Total Amount new/change (inc/dec) in budget: $70,000; Break down:
Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________;
Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________;
Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________
___________________________________________. Going to BPW for Contracting? Y/N
Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________
ITEM: 5B1
RESOLUTION NO. 3440
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
SETTING A PUBLIC HEARING ON THE ADDITIONAL APPROPRIATION OF
2018 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 Resolutions No. 3441 through 3446
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 oflndiana 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 additional 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:
ITEM: 5B2
Allocation Area and Fund
River West Development Area, Allocation
Area No. 1 Fund
River East Development Area, Allocation
Area No. 1 Fund
South Side #3 Development Area
Douglas Road Development Area
West Washington Development Area
Redevelopment Retail
Resolution No.
Resolution No. 3441
Resolution No. 3442
Resolution No. 3443
Resolution No. 3444
Resolution No. 3445
Resolution No. 3446
2.The President and Secretary of the Commission are each hereby authorized and directed to take
all necessary steps to obtain 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 9:30 a.m. on September 13, 2018 at 1308 County-City Building,
227 West 1 effers<?n Boulevard, South Bend, Indiana 46601.
S: \Commlnvest\Management\Administrative Working Files\R.edevelopment Commission Adm in \Annual\YEARLY Contract Reporting
RDC\Approriation Resolutions for Commission\R.ES3378 Setting Pub Hrg on Additional TIF Approps.doc
ATTEST:
________________________________________________
Signature
________________________________________________
Printed Name and Title
SOUTH BEND REDEVELOPMENT COMMISSION
________________________________________
Signature
________________________________________
Printed Name and Title
Not-to-Exceed
$2,000,000
$2,000,000
$1,000,000
$ 60,000
$ 400,000
$ 160,000