HomeMy WebLinkAboutRDC PACKET 9.13.2018
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, September 13, 2018 9:30 a.m.
1. Roll Call
2. Approval of Minutes
A. Minutes of the Regular Meeting of Thursday, August 23, 2018
3. Approval of Claims
A. Claims Submitted September 13, 2018
4. Old Business
5. New Business
A. Public Hearing
1. Resolution No. 3441 (River West Development Area) – D2
2. Resolution No. 3442 (River East Development Area) – D4
3. Resolution No. 3443 (South Side Development Area) – D5
4. Resolution No. 3444 (Douglas Road Development Area) – D4
5. Resolution No. 3445 (West Washington Allocation Area) – D2
6. Resolution No. 3446 (Redevelopment Retail) – D2
B. River West Development Area
1. Resolution No. 3447 (Accepting Property Transfer 900 S Lafayette Blvd) – D2
2. License Agreement (Vickie L Gabbard Trust) -D2
3. Budget Request (Western Avenue Streetscape Falcon-Dundee) – D2/D6
4. AEP Easement (Coveleski Park) – D2
5. Third Amendment to Real Estate Purchase Agreement (Franklin Street
Technology Park) – D2
6. Development Agreement (112 West Jeff LLC) – D2
7. First Amendment to Development Agreement (One Michiana) – D2
C. River East Development Area
1. Budget Request (Howard Park) – D2
D. Administrative
1. Resolution No. 3448 (Setting Public Hearing on TIF Appropriations) - All
6. Progress Reports
A. Tax Abatement
B. Common Council
C. Other
7. Next Commission Meeting:
Thursday, September 27, 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
August 23, 2018
9:30 a.m. 227 West Jefferson Boulevard
Presiding: Marcia Jones, President South Bend, Indiana
The meeting was called to order at 9:30 a.m.
1.ROLL CALL
Members Present:Marcia Jones, President
Dave Varner, Vice-President
Don Inks, Secretary
Gavin Ferlic, Commissioner
Quentin Phillips, Commissioner
Leslie Wesley, Commissioner
Members Absent:
Legal Counsel: Sandra Kennedy, Esq.
Redevelopment Staff: David Relos, RDC Staff
Mary Brazinsky, Board Secretary
Others Present: James Mueller
Elizabeth Leonard Inks
Austin Gammage
Caleb Bauer
Kyle Silveus
Eric Henderson
Conrad Damian
DCI
DCI
DCI
South Bend Tribune
Engineering
Prism Environmental
718 E Broadway
ITEM: 2A
South Bend Redevelopment Commission Regular Meeting – August 23, 2018
2.Approval of Minutes
A.Approval of Minutes of the Regular Meeting of Thursday, July 26, 2018
Upon a motion by Secretary Inks, seconded by Commissioner Ferlic, the motion
carried unanimously, the Commission approved the minutes of the regular
meeting of Thursday, July 26, 2018.
3.Approval of Claims
A.Claims Submitted August 23, 2018
Upon a motion by Secretary Inks, seconded by Commissioner Ferlic, the motion
carried unanimously, the Commission approved the claims submitted on
Thursday, August 23, 2018.
South Bend Redevelopment Commission Regular Meeting – August 23, 2018
4.Old Business
5.New Business
A.River West Development Area
1.Resolution No. 3438 (Transfer of Property from Parks)
Mr. Relos presented Resolution No. 3438, accepting the transfer of property from
the Board of Park Commissioners of the parcel south of Stephenson Mills. 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 particular 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 partied 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.
Commission approval is requested.
Upon a motion by Vice President Varner, seconded by Commissioner Ferlic,
the motion carried unanimously, the Commission approved Resolution No.
3438 (Transfer of Property from Parks) submitted on Thursday, August 23,
2018.
2.Resolution No. 3439 (Waiver of Prohibition of Third Party Transfer to JSK)
Mr. Relos presented Resolution No. 3439, which allows the post-closing transfer
of the Hall of Fame from Southhold LLC to JSK Development Inc. Closing on the
Hall of Fame occurred on August 22, 2018, and Southhold LLC would like to
transfer the property to JSK Development Inc., which is the majority owner of
Southhold LLC. This waives, for this instance only, the 3 year post closing
transfer penalty in Section 13 of the Fifth Amendment, approved by the
Commission on June 28, 2018. Commission approval is requested.
Upon a motion by Secretary Inks, seconded by Commissioner Ferlic, the motion
carried unanimously, the Commission approved Resolution No. 3439 (Waiver of
Prohibition of Third Party Transfer to JSK) submitted on Thursday, August 23,
2018.
South Bend Redevelopment Commission Regular Meeting – August 23, 2018
3.License Agreement (Gridiron)
Mr. Relos presented this License Agreement for use of the Gridiron at the Hall of
Fame, which allows the University of Notre Dame to use the Gridiron on
September 8th, September 15th and October 13th.
Upon a motion by Vice President Varner, seconded by Commissioner Ferlic,
the motion carried unanimously, the Commission approved License Agreement
(Gridiron) submitted on Thursday, August 23, 2018.
4.First Amendment to Real Estate Purchase Agreement (Jefferson/Main)
Mr. Relos presented First Amendment to Real Estate Purchase Agreement for the
SW corner of Jefferson and Main, which is the new development planned for this
corner. Per the Agreement the due diligence period ends August 24th. This will
extend the due diligence period for an additional 30 days, allowing time for the
development’s special exception to be considered at the Common Council’s
meeting on August 27th. Commission approval is requested.
Upon a motion by Commissioner Ferlic, seconded by Secretary Inks, the motion
carried unanimously, the Commission approved First Amendment to Real
Estate Purchase Agreement (Jefferson/Main) submitted on Thursday, August
23, 2018.
B.South Side Development Area
1.Budget Request (St. Joseph Streetscape, Project No. 118-008)
Mr. Silveus presented a budget request for the St. Joseph Streetscape project No.
118-008. This request is an additional amount of $70,000 for the extension of a
new water main and fire hydrant installation along Callander Street, by the new
Menards on Ireland Rd. The proposed water main will serve the new Holiday Inn
development as well as the future development on the north side of Callander,
which will most likely to be a restaurant. There may be more than one restaurant
going into that area.
Upon a motion by Secretary Inks, seconded by Commissioner Ferlic, the motion
carried unanimously, the Commission approved a budget increase for the St.
Joseph Streetscape, Project No. 118-008 submitted on Thursday, August 23,
2018.
C.Administrative
1.Resolution No. 3440 (Setting Public Hearing for Additional 2018 TIF
Appropriations)
Ms. Leonard Inks presented this Resolution to set a Public Hearing for additional
2018 TIF Appropriations. This Resolution sets the public hearing for September
13th. One note on the Redevelopment Retail, as questions may come up since the
property was just sold, is we will transfer the cash remaining to the Park
Department since they will take care of the ongoing maintenance of the Leighton
South Bend Redevelopment Commission Regular Meeting – August 23, 2018
Plaza / Courtyard. Commission approval is requested.
Upon a motion by Secretary Inks, seconded by Commissioner Ferlic, the motion
carried unanimously, the Commission approved Setting Public Hearing for
Additional 2018 TIF Appropriations submitted on Thursday, August 23, 2018.
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
Thursday, August 23, 2018, 9:43 a.m.
David Relos, Property Development Manager Marcia Jones, President
ITEM: 3A
RESOLUTION NO. 3441
A RESOLUTION OF THESOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING TAX INCREMENT FINANCING REVENUES FROM
ALLOCATION AREA NO. 1 FUND FOR THE PAYMENT OF CERTAIN
OBLIGATIONS AND EXPENSES RELATED TO THE RIVER WEST
DEVELOPMENT AREA ALLOCATION AREA NO. 1
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
governing body of the Department of Redevelopment of the City of South Bend, Indiana (the
"City") and the City of South Bend, Indiana, Redevelopment District, exists and operates under
the provisions oflndiana Code§ 36-7-14, as amended (the "Act"); and
WHEREAS, on February 23, 1990, the Commission adopted Resolution No. 919 declaring
the Airport Economic Development Area (the "Area") to be an economic development area within
the meaning of the Act and designated the Area as the Airport Economic Development Area
Allocation Area No. 1 ("Allocation Area No. 1 ") for purposes of tax increment financing pursuant
to the Act; and
WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic
Development Plan (the "Development Plan") adopted by Resolution No. 919 on February 23,
1990, were confirmed by Resolution No. 938 adopted on June 27, 1990 (collectively, the
"Declaratory Resolution"); and
WHEREAS, the Declaratory Resolution created the Airport Economic Development Area
Allocation Area No. 1 Fund ("Allocation Area No. 1 Fund") for the purpose of depositing into
such fund tax increment revenues allocated to the Commission and resulting solely from the
increase in the assessed value of real property and improvements thereon located in Allocation
Area No. 1 pursuant to Indiana Code§ 36-7-14-39(b)(l) and from the proceeds from the sale or
leasing of property in the Area under Indiana Code§ 36-7-14-22, all in accordance with Indiana
Code§ 36-7-14-26; and
WHEREAS, the Commission, on April 16, 1993, adopted Resolution No. 1151 declaring
the Sample-Ewing Development Area ("SEDA") to be an area needing redevelopment within the
meaning of the Act; and
WHEREAS, Resolution No. 1151 and the Sample-Ewing Development Area Development
Plan were confirmed by Resolution No. 1154 adopted on May 21, 1993; and
WHEREAS, Resolution No. 1151 created the Sample-Ewing Allocation Area (South Bend
Allocation Area No. 8) (the "SEDA Allocation Area") for the purpose of depositing into an
allocation area fund (the "SEDA Allocation Fund") tax increment revenues allocated to the
Commission and resulting solely from the increase in the assessed value of personal property and
real property and improvements thereon located in the SEDA Allocation Area pursuant to Indiana
Code § 36-7-14-39(b)(l) and from the proceeds from the sale or leasing ofproperty in the Area
under Indiana Code§ 36-7-14-22, all in accordance with Indiana Code§ 36-7-14-26; and
ITEM: 5A1
WHEREAS, the Declaratory Resolution was further amended by Resolution No. 2348 and
Resolution No. 2351, adopted on June 19, 2007, and July 20, 2007, respectively, and said
resolutions expanded the Area by adding and consolidating the SEDA into the Area ( collectively
referred to hereafter as the "Area") and expanded Allocation Area No. 1 by adding and
consolidating the SEDA Allocation Area into Allocation Area No. 1 ( collectively referred to
hereafter as "Allocation Area No. 1 "); and
WHEREAS, Resolution No. 3256, adopted by the Commission on November 10, 2014,
amended boundaries of the Airport Economic Development Allocation Area No. 1, and renamed
the area as River West Development Area Allocation Area No. 1; and
WHEREAS, the Commission desires to pay certain expenses incurred by it or the City for
local public improvements that are in or serving River West Development Area Allocation Area
No. 1 from funds remaining in the Allocation Area No. 1 Fund, in accordance Indiana Code§ 36-
7-14-39(b)(3) and certain other expenditures incurred by the Commission in accordance with
Indiana Code§ 36-7-14-39(b)(3); and
WHEREAS, the expenditures incurred or anticipated to be incurred by the Commission
proposed to be paid with funds from Allocation Area No. 1 Fund are described on the attached
Exhibit A; and
WHEREAS, the proposed appropriations from Allocation Area No. 1 Fund are not for the
operating expenses of the Commission; and
WHEREAS, on August 23, 2018, the Commission adopted Resolution 3440 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's action
acknowledged at its public meeting on September 13, 2018, and
WHEREAS, the Secretary of the Commission has caused notice of said hearing on said
appropriations to be published in accordance with law; and
WHEREAS, such public hearing was held at the Commission's meeting at 9:30 a.m. on
September 13, 2018 at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601, at which all taxpayers and interested persons had an opportunity to appear
and express their views as to such appropriations; and
WHEREAS, the Commission now desires to approve appropriations in a total amount of
Two Million Dollars and 00/100 ($2,000,000.00)
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area No. 1 Fund in the amount of Two Million
Dollars and 00/100 ($2,000,000.00) are hereby appropriated for the purpose of paying the
expenditures described at Exhibit A.
2.The President and/or the Secretary of the Commission are hereby authorized and
directed to certify a copy of this Resolution together with such other proceedings and actions as
may be necessary to the St. Joseph County Auditor for certification to the Indiana Department of
Local Government Finance for the purpose of obtaining its approval of the appropriations herein
made.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
September 13, 2018, at 1308 County-City Building, 227 W. Jefferson Boulevard, South
Bend, Indiana 46601.
ATTEST:
Printed Name and Title
Signature Marcia I. Jones,
Printed Name and Title
Donald E. Inks, Secretary
Signature
EXHIBIT A
RIVER WEST DEVELOPMENT AREA -FUND 324
2018 BUDGET SUMMARY
(Additional Appropriation -September 2018)
Debt Service:
Debt Service Payments
Total Debt Service
Projects Underway, Not Completed:
Total Projects Underway, Not Completed
Other Activities:
Total Other Activities
Development Opportunity Reserve:
Projects Planned:
Total Projects Planned
Total Appropriation
2018
Appropriation
0
0
0
2,000,000
0
2,000,000
RESOLUTION NO. 3442
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING TAX INCREMENT FINANCING REVENUES FROM
ALLOCATION AREA FUND FOR THE PAYMENT OF CERTAIN OBLIGATIONS
AND EXPENSES RELATED TO THE RIVER EAST
DEVELOPMENT AREA ALLOCATION AREA NO. 1
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
governing body of the City of South Bend Department of Redevelopment (the "Department"), on
November 17, 2003, adopted Resolution No. 2016 declaring the Northeast Neighborhood
Development Area in the City of South Bend, Indiana (the "City") to be an area needing
redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as
amended, which is codified at, Indiana Code§ 36-7-14-1 et seq (the "Act"); and
WHEREAS, Resolution No. 2016 and the Northeast Neighborhood Development Area
Development Plan (the ·"Development Plan") adopted by Resolution No. 2016 on November 17,
2003, were confirmed by Resolution No. 2021 adopted on December 19, 2003 (collectively, the
"Declaratory Resolution"); and
WHEREAS, the Declaratory Resolution created the Northeast Neighborhood Allocation
Area Special Fund ("Allocation Area Fund") for the purpose of depositing into such fund tax
increment revenues allocated to the Commission and resulting solely from the increase in the
assessed value of real property and improvements thereon located in Allocation Area pursuant to
Indiana Code § 3 6-7-14-3 9(b )(1) and from the proceeds from the sale or leasing of property in
the Area under Indiana Code§ 36-7-14-22, all in accordance with Indiana Code§ 36-7-14-26;
and
WHEREAS, Resolution No. 3255, adopted by the Commission on November 10, 2014,
amended boundaries of the Northeast Neighborhood Development Allocation Area No. 1, and
renamed the area to the River East Allocation Area No. l; and
WHEREAS, the Commission desires to pay certain expenses incurred by it or the City for
local public improvements that are in or serving River East Allocation Area No. 1 (the "Allocation
Area") from funds remaining in the Allocation Area Fund, in accordance Indiana Code § 36-7-
14-39(b)(3) and certain other expenditures incurred by the Commission in accordance with
Indiana Code§ 36-7-14-39(b)(3); and
WHEREAS, the expenditures incurred or anticipated to be incurred by the Commission
proposed to be paid with funds from Allocation Area Fund are described on the attached Exhibit
A;and
WHEREAS, the proposed appropriations from Allocation Area Fund are not for the
operating expenses of the Commission; and
WHEREAS, on August 23, 2018, the Commission adopted Resolution 3440 setting a public
hearing on said appropriations, which public hearing, pursuant to the Commission's action
acknowledged at its public meeting on September 13, 2018, ; and
ITEM: 5A2
WHEREAS, the Secretary of the Commission has caused notice of said hearing on said
appropriations to be published in accordance with law; and
WHEREAS, such public hearing was held at the Commission's meeting at 9:30 a.m. on
September 13, 2018, at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601, at which all taxpayers and interested persons had an opportunity to
appear and express their views as to such appropriations; and
WHEREAS, the Commission now desires to approve said additional appropriations in
a total amount of Two Million Dollars ($2,000,000);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
r1.The funds fom Allocation Area Fund in the additional amount of Two MillionDollars ($2,000,000) are hereby appropriated for the purpose of paying the expenditures
described at Exhibit A.
2.The President and/or the Secretary of the Commission are hereby authorized and
directed to certify a copy of this Resolution together with such other proceedings and actions as
may be necessary to the St. Joseph County Auditor for certification to the Indiana Department of
Local Government Finance for the purpose of obtaining its approval of the appropriations herein
made.
ADOPTED at a regular meeting·ofthe South Bend Redevelopment Commission held on
September 13, 2018 at 1308 County-City Building, 227 W. Jefferson Boulevard, South
Bend, Indiana 46601.
Printed Name and Title
SOUTH BEND REDEVELOPMENT
COMMISSION
Printed Name and Title ATTEST
_____________________________
_____________________________
EXHIBIT A
RIVER EAST DEVELOPMENT AREA -FUND 429
2018 BUDGET SUMMARY
(Additional Appropriation -September 2018)
Debt Service:
Debt Service Payments
Total Debt Service
Projects Underway, Not Completed:
Eddy Streeet Phase II
Total Projects Underway, Not Completed
Other Activities:
Miscellaneous
Total Other Activities
Development Opportunity Reserve:
Projects Planned:
Curb & Sidewalk
Parks/Eddy Streetscape
Total Projects Planned
Total Appropriation
2018
Appropriation
0
0
0
0
2,000,000
0
2,000,000
RESOLUTION NO. 3443
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING TAX INCREMENT FINANCING REVENUES FROM
ALLOCATION AREA N0.1 FUND FOR THE PAYMENT OF CERTAIN
OBLIGATIONS AND EXPENSES RELATED TO THE SOUTH SIDE DEVELOPMENT
AREA ALLOCATION AREA NO. 1
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
governing body of the Department of Redevelopment of the City of South Bend, Indiana (the
"City") and the City of South Bend, Indiana, Redevelopment District, exists and operates under
the provisions of Indiana Code § 36-7-14, as amended (the "Act"); and
WHEREAS, on November 1, 2002, the Commission adopted Resolution No. 1914 (the
"Declaratory Resolution") declaring the South Side Development Area (the "Area") to be an area
needing redevelopment within the meaning of the Act and designated the Area as the South Side
Development Area Allocation Area No. 1 ("Allocation Area No. 1 ") for purposes of tax increment
financing pursuant to the Act; and
WHEREAS, on November 19, 2002, the Area Plan Commission of St. Joseph County
("Plan Commission") issued its written order approving the Declaratory Resolution by the
adoption of Plan Commission Resolution 142-02, in accordance with Indiana Code § 36-7-14-
16; and
WHEREAS, on November 25, 2002, the Common Council of the City approved the order
of the Plan Commission through the adoption of Common Council Resolution No. 3136-02; and
WHEREAS, on December 20, 2002, the Commission held a duly noticed public hearing,
in accordance with Indiana Code § 3 6-7-14-17 and Indiana Code § 5-3-1 ; and
WHEREAS, following said hearing, the Commission adopted Resolution No. 1928
confirming the Declaratory Resolution; and
WHEREAS, the Declaratory Resolution created the South Side Development Area
Allocation Area No. 1 Fund ("Allocation Area No. 1 Fund") for the purpose of depositing into
such fund tax increment revenues allocated to the Commission and resulting solely from the
increase in the assessed value of real property and improvements thereon located in
Allocation Area No. 1 pursuant to Indiana Code§ 36-7-14-39(b)(l) and from the proceeds from
the sale or leasing of property in the Area under Indiana Code § 36� 7-14-22, all in accordance
with Indiana Code§ 36-7-14-26; and
WHEREAS, the Commission desires to pay certain expenses incurred by it or the City for
local public improvements that are in or serving Allocation Area No. 1 from funds remaining in
the Allocation Area No. 1 Fund, in accordance Indiana Code § 36-7-14-39(b )(2) and certain other
expenditures incurred by the Commission in accordance with Indiana Code§ 36-7-14-39(b)(2);
and
ITEM: 5A3
WHEREAS, the expenditures incurred or anticipated to be incurred by the Commission
proposed to be paid with funds from Allocation Area No. 1 Fund are described on the attached
Exhibit A; and
WHEREAS, the proposed appropriations from Allocation Area No. 1 Fund are not for the
operating expenses of the Commission; and
WHEREAS, on August 23, 2018, the Commission adopted Resolution 3440 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's action
acknowledged at its public meeting on September 13, 2018; and
WHEREAS, the Secretary of the Commission has caused notice of said hearing on said
appropriations to be published in accordance with law; and
WHEREAS, such public hearing was held at the Commission's meeting at 9:30 a.m. on
September 13, 2018 at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601, at which all taxpayers and interested persons had an opportunity to appear
and express their views as to such appropriations; and
WHEREAS, the Commission now desires to approve said appropriations in a total amount
of One Million Dollars and 00/100 ($1,000,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area No. 1 Fund in the amount of One
Million Dollars and 00/100 ($1,000,000.00) are hereby appropriated for the purpose of
paying the expenditures described at Exhibit A.
2.The President and/or the Secretary of the Commission are hereby authorized and
directed to certify a copy of this Resolution together with such other proceedings and actions as
may be necessary to the St. Joseph County Auditor for certification to the Indiana Department of
Local Government Finance for the purpose of obtaining its approval of the appropriations herein
made.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
September 13, 2018 at 1308 County-City Building, 227 W. Jefferson Boulevard,
South Bend, Indiana 46601.
Donald E. Inks, Secretary
Printed Name and Title
SOUTH BEND REDEVELOPMENT
COMMISSION -Signature Marcia 1. Jone
Printed Name and Title
Signature
ATTEST
RESOLUTION NO. 3444
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING TAX INCREMENT FINANCING REVENUES FROM
ALLOCATION AREA NO. 1 FUND FOR THE PAYMENT OF CERTAIN
OBLIGATIONS AND EXPENSES RELATED TO THE DOUGLAS ROAD
ECONOMIC DEVELOPMENT AREA ALLOCATION AREA NO. 1
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the
governing body of the Department of Redevelopment of the City of South Bend, Indiana (the
“City”) and the City of South Bend, Indiana, Redevelopment District, exists and operates under
the provisions of Indiana Code § 36-7-14, as amended (the “Act”); and
WHEREAS, on December 2, 2005, the Commission adopted Resolution No. 2199 (the
“Declaratory Resolution”) declaring the Douglas Road Economic Development Area (the “Area”)
to be an economic development area within the meaning of the Act and designated the Area as the
Douglas Road Economic Development Area Allocation Area No. 1 (“Allocation Area No. 1”) for
purposes of tax increment financing pursuant to the Act; and
WHEREAS, on December 20, 2005, the Area Plan Commission of St. Joseph County
(“Plan Commission”) issued its written order approving the Declaratory Resolution by the
adoption of Plan Commission Resolution 165-05, in accordance with Indiana Code § 36–7–14–
16; and
WHEREAS, on January 23, 2006, the Common Council of the City approved the order of
the Plan Commission through the adoption of Common Council Resolution No. 3556-06; and
WHEREAS, on February 17, 2006, the Commission held a duly noticed public hearing, in
accordance with Indiana Code § 36–7–14–17 and Indiana Code § 5–3–1; and
WHEREAS, following said hearing, the Commission adopted Resolution No. 2199
confirming the Declaratory Resolution; and
WHEREAS, the Declaratory Resolution created the Douglas Road Economic
Development Area Allocation Area No. 1 Fund (“Allocation Area No. 1 Fund”) for the purpose
of depositing into such fund tax increment revenues allocated to the Commission and resulting
solely from the increase in the assessed value of real property and improvements thereon located
in Allocation Area No. 1 pursuant to Indiana Code § 36–7–14–39(b)(1) and from the proceeds
from the sale or leasing of property in the Area under Indiana Code § 36–7–14–22, all in
accordance with Indiana Code § 36–7–14–26; and
WHEREAS, the Commission desires to pay certain expenses incurred by it or the City for
local public improvements that are in or serving Allocation Area No. 1 from funds remaining in the
Allocation Area No. 1 Fund, in accordance Indiana Code § 36–7–14–39(b)(2) and certain other
expenditures incurred by the Commission in accordance with Indiana Code § 36–7–14–39(b)(2); and
WHEREAS, the expenditures incurred or anticipated to be incurred by the Commission
proposed to be paid with funds from Allocation Area No. 1 Fund are described on the attached
Exhibit A; and
ITEM: 5A4
WHEREAS, the proposed appropriations from Allocation Area No. 1 Fund are not for the
operating expenses of the Commission; and
WHEREAS, such appropriations are subject to the provisions of Indiana Code § 6–1.1–
18–5; and
WHEREAS, on August 23, 2018, the Commission adopted Resolution 3440 setting a
public hearing on said appropriations and authorizing the Secretary of the Commission to duly
publish notice of said hearing on September 13, 2018; and
WHEREAS, the Secretary of the Commission has caused notice of said hearing on said
appropriations to be published in accordance with law; and
WHEREAS, such public hearing was held at the Commission’s meeting at 9:30 a.m. on
September 13, 2018, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601, at which all taxpayers and interested persons had an opportunity to appear and
express their views as to such additional appropriations; and
WHEREAS, the Commission now desires to approve said appropriations in a total amount
of Sixty Thousand Dollars ($60,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area No. 1 Fund in the amount of Sixty Thousand
Dollars ($60,000.00) are hereby appropriated for paying the expenditures described at Exhibit A.
2.The President and/or the Secretary of the Commission are hereby authorized and
directed to certify a copy of this Resolution together with such other proceedings and actions as
may be necessary to the St. Joseph County Auditor for certification to the Indiana Department of
Local Government Finance for obtaining its approval of the appropriations herein made.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
September 13, 2018 at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
________________________
Signature
Marcia I Jones, President
ATTEST:Printed Name and Title
_____________________
Signature
Donald E. Inks, Secretary
Printed Name and Title
RESOLUTION NO. 3445
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING TAX INCREMENT FINANCING REVENUES FROM ALLOCATION
AREA FUND FOR THE PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES
RELATED TO THE WEST WASHINGTION-CHAPIN DEVELOPMENT AREA
ALLOCATION AREA
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
governing body of the City of South Bend Department of Redevelopment (the "Department"), on
October 23, 1987, adopted Resolution No. 818 declaring the West Washington-Chapin
Development Area in the City of South Bend, Indiana (the "City") to be an area needing
redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as
amended, which is codified at, Indiana Code§ 36-7-14-1 et seq (the "Act"); and
WHEREAS, Resolution No. 818 and the West Washington-Chapin Development Area
Development Plan (the "Development Plan") adopted by Resolution No. 818 on October 23, 1987
were confirmed by Resolution No. 824 adopted on December 11, 1987 (collectively, the
"Declaratory Resolution"); and
WHEREAS, the Declaratory Resolution created the West Washington Allocation Area
(South Bend Allocation Area No. 7) Special Fund ("Allocation Area Fund") for the purpose of
depositing into such fund tax increment revenues allocated to the Commission and resulting solely
from the increase in the assessed value of real property and improvements thereon located in
Allocation Area pursuant to Indiana Code § 36-7-14-39(b)(l) and from the proceeds from the
sale or leasing of property in the Area under Indiana Code§ 36-7-14-22, all in accordance with
Indiana Code§ 36-7-14-26; and
WHEREAS, the Commission desires to pay certain expenses incurred by it or the City for
local public improvements that are in or serving Allocation Area from funds remaining in the
Allocation Area Fund, in accordance Indiana Code § 36-7-l 4-39(b )(2) and certain other expenditures
incurred by the Commission in accordance with Indiana Code§ 36-7-14-39(b)(2); and
WHEREAS, the expenditures incurred or anticipated to be incurred by the Commission
proposed to be paid with funds from Allocation Area Fund are described on the attached Exhibit
A;and
WHEREAS, the proposed appropriations from Allocation Area Fund are not for the
operating expenses of the Commission; and
WHEREAS, on August 23, 2018, the Commission adopted Resolution 3440 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's
action acknowledged at its public meeting on September 13, 2018; and
ITEM: 5A5
WHEREAS, the Secretary of the Commission has caused notice of said hearing on said
appropriations to be published in accordance with law; and
WHEREAS, such public hearing was held at the Commission's meeting at 9:30 a.m. on
September 13, 2018 at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601, at which all taxpayers and interested persons had an opportunity to appear
and express their views as to such appropriations; and
WHEREAS, the Commission now desires to approve said appropriations in a total amount
of Four Hundred Thousand ($400,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area Fund in the amount of Four Hundred
Thousand Dollars,($400,000.00) are hereby appropriated for the purpose of paying the
expenditures described at Exhibit A.
2.The President and/or the Secretary of the Commission are hereby authorized and
directed to certify a copy of this Resolution together with such other proceedings and actions as
may be necessary to the St. Joseph County Auditor for ce1iification to the Indiana Department of
Local Government Finance for the purpose of obtaining its approval of the appropriations herein
made.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
September 13, 2018 at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
OMMISSION
ATTEST Printed Name and Title :
Printed Name and Title
Marcia I Jones, President
Donald E. Inks
RESOLUTION NO. 3446
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF CERTAIN LOCAL PUBLIC IMPROVEMENTS
FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER
31, 2019, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS,
FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
WHEREAS, the South Bend Redevelopment Commission is the lessee of certain local
public improvements which, during calendar year 2019 realize revenues and incur expenses in
connection with the operation and maintenance of the same; and
WHEREAS, the South Bend Redevelopment Commission has determined it is necessary
to appropriate the revenues of certain public improvements in order to defray the expenses of those
local public improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.For the expenses of the South Bend Central Development Area Building Operations
Budget Fund 425 (which currently includes Leighton Plaza Retail Space, Leighton Plaza
Courtyard and Wayne Street Garage Retail Space), for the fiscal year 2019, the sums of money, as
set forth in the budget which is made a part hereof, are hereby appropriated and ordered set apart
out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws
governing the same. The sums here appropriated shall be deemed to include all expenditures
authorized to be made in said year, unless otherwise expressly stipulated or provided by law.
2.For the fiscal year ending December 31, 2019, the above referenced appropriations
are made within the South Bend Central Development Area Building Operations Budget Fund.
3.This resolution shall be in full force and effect from and after its adoption.
Adopted at the Regular Meeting of the South Bend Redevelopment Commission held
Thursday, September 13, 2018, at 9:30 a.m., 1308 County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Signature
______________________________
ATTEST:Printed Name and Title
______________________________
Signature
______________________________
Printed Name and Title
Marcia I. Jones, President
Donald E. Inks, Secretary
ITEM: 5A6
Budget
Beginning Cash at 1/1 Actual 162,656
Revenue:
Interest 2,962
Leighton Retail Revenue 78,548
Wayne Street Retail Revenue 0
Total Revenue 81,510
Operating Expenses:
Leighton Retain Space 34,000
Leighton Plaza 39,000
Wayne Street Retail 5,000
Total Operating Expense 78,000
Net Operating Income 3,510
Cash to be Transferred to Parks for On-Going 166,166
Maintenance of Plaza/Courtyard
Total 2018 BUDGET 244,166
Original 2018 Appropriation 158,166
2018 ADDITIONAL APPROPRIATION 86,000
Redevelopment Retail
Operations Budget
For Calendar Year 2018
ITEM: 5B1
RESOLUTION NO. 3447
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE SOUTH BEND BOARD OF PUBLIC WORKS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) is the
governing body of the City of South Bend, Indiana (the “City”), Department of Redevelopment
and exists and operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and
WHEREAS, the South Bend Board of Public Works (the “Board”) exists and operates
pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City pursuant to
Indiana Code Section 36-9-6-3, and is authorized to transfer such property to another
governmental entity pursuant to Indiana Code Section 36-1-11-8; and
WHEREAS, the City owns certain real property located near Ignition Park in the River
West Development Area (the “Ignition Park Area”) at 900 S. Lafayette Boulevard, as more
particularly described on Exhibit A (the “Property”); and
WHEREAS, the Commission holds title to all properties adjacent to and abutting the
Property; and
WHEREAS, the Board and the Commission desire to consolidate real property ownership
in the Ignition Park Area in the Commission for the purposes authorized by the Act.
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 Board
pursuant to I.C. 36-1-11-8 in the form of a quit claim deed substantially similar to the document
attached hereto as Exhibit B, conveying all of the 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 act on behalf of the Commission in presenting the deed for recordation in the
Office of the Recorder of St. Joseph County, Indiana and executing any other document
necessary to effect the Commission’s acceptance of the Property.
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
September 13, 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
A part of Lot Numbered Fifty-Two (52) as shown on the recorded Plat of South Bend City, as
platted by Samuel Morrison, now a part of the City of South Bend, which part is bounded by a
line running as follows, viz: Beginning at the Northwest corner of said Lot Numbered Fifty-Two
(52); thence running South on the East line of Lafayette Street, 50 feet; thence East 110 feet,
more or less, to the West line of the right-of-way of the Terre Haute & Logansport Railroad
(known as the Vandalia Line); thence North along the line of said right-of-way to the South line
of Sample Street; thence West along the South line of Sample Street to the place of beginning.
EXCEPTING THEREFROM THE FOLLOWING:
A part of Lot Numbered Fifty-two (52) in South Bend City Addition, now the City of South
Bend, Indiana, the plat of which addition is recorded in Plat Book 2, page 4, in the Office of the
Recorder of St. Joseph County, Indiana, described as follows: Beginning at the Northwest corner
of said lot; thence North 88°48’35” East 35.205 meters (115.50 feet) along the North line of said
lot to the Northeast corner of the grantor’s land; thence South 0°47’05” East 2.384 meters (7.82
feet) along the East line of the grantor’s land; thence South 85°39’05” West 35.272 meters
(115.72 feet) and the West line of said lot; thence North 0°47’05” West 4.326 meters (14.20 feet)
along said West line to the point of beginning.
Tax Parcel No. 018-8001-0001
EXHIBIT B
Form of Quit Claim Deed
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, by and
through its Board of Public Works (the “Grantor”)
CONVEYS AND QUIT CLAIMS TO the Department of Redevelopment of the City of South
Bend, for the use and benefit of the Department of Redevelopment, by and through its governing
body, the South Bend Redevelopment Commission (the “Grantee”), 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 11th day of September, 2018.
GRANTOR:
Civil City of South Bend, Indiana, by and through
its Board of Public Works
B y:
________________________________________
Gary Gilot, President
ATTEST:
B y:
_______________________________________
Linda Martin, Clerk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this 11th
day of September 2018, personally appeared Gary Gilot and Linda Martin, known to me to be,
respectively, President and Clerk of the City of South Bend, Indiana, Board of Public Works, the
Grantor, and acknowledged the 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. Sandra L. Kennedy
Prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601
Exhibit 1
A part of Lot Numbered Fifty-Two (52) as shown on the recorded Plat of South Bend City, as
platted by Samuel Morrison, now a part of the City of South Bend, which part is bounded by a
line running as follows, viz: Beginning at the Northwest corner of said Lot Numbered Fifty-Two
(52); thence running South on the East line of Lafayette Street, 50 feet; thence East 110 feet,
more or less, to the West line of the right-of-way of the Terre Haute & Logansport Railroad
(known as the Vandalia Line); thence North along the line of said right-of-way to the South line
of Sample Street; thence West along the South line of Sample Street to the place of beginning.
EXCEPTING THEREFROM THE FOLLOWING:
A part of Lot Numbered Fifty-two (52) in South Bend City Addition, now the City of South
Bend, Indiana, the plat of which addition is recorded in Plat Book 2, page 4, in the Office of the
Recorder of St. Joseph County, Indiana, described as follows: Beginning at the Northwest corner
of said lot; thence North 88°48’35” East 35.205 meters (115.50 feet) along the North line of said
lot to the Northeast corner of the grantor’s land; thence South 0°47’05” East 2.384 meters (7.82
feet) along the East line of the grantor’s land; thence South 85°39’05” West 35.272 meters
(115.72 feet) and the West line of said lot; thence North 0°47’05” West 4.326 meters (14.20 feet)
along said West line to the point of beginning.
Tax Parcel No. 018-8001-0001
ITEM: 5B2
ITEM: 5B3
ITEM: 5B4
1
THIRD AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
This Third Amendment To Real Estate Purchase Agreement (this “Third Amendment”) is
made effective as of September 13, 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 Franklin Street Technology Park LLC, an
Indiana limited liability company with its principal place of business 814 Marietta Street, South
Bend, Indiana 46601 (“Buyer”) (each a “Party” and together the “Parties”).
RECITALS
A.Buyer and Seller entered into that certain Real Estate Purchase Agreement, dated
February 22, 2018 (“the “Purchase Agreement”), as subsequently amended on May 24, 2018 by
that certain First Amendment to Real Estate Purchase Agreement (the “First Amendment”), and
on June 28, 2018 by that certain Second Amendment to Real Estate Purchase Agreement (the
“Second Amendment” and collectively, the “Agreement”), for the purchase and sale of the
Property (as defined in the Purchase Agreement) located in the City of South Bend.
B.Seller requires additional time to accommodate the removal of utility lines from the
Property.
C.The Parties wish to further amend the Agreement as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this
Second Amendment and the Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1.Section 10.A. of the Agreement shall be deleted in its entirety and replaced with
the following: “Unless this Agreement is earlier terminated, the Closing shall be held at the office
of the Title Company, and the Closing Date shall be a mutually agreeable date not later than Two
Hundred Forty (240) days after the end of the Due Diligence Period.”
2.Unless expressly modified by this Third Amendment, the terms and provisions of
the Agreement remain in full force and effect.
3.Capitalized terms used in this Third Amendment will have the meanings set forth
in the Agreement unless otherwise stated herein.
SIGNATURE PAGE FOLLOWS
ITEM: 5B5
ITEM: 5B6
1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement (this “First Amendment”), is effective
as of September 13, 2018 (the “Effective Date”), by and between the City of South Bend,
Department of Redevelopment, by and through its governing body, the South Bend
Redevelopment Commission (the “Commission”), and Wayne Street Associates, LLC, an Indiana
limited liability company (the “Developer”) (each, a “Party,” and collectively, the “Parties”).
RECITALS
A.The Parties entered into that certain Development Agreement dated October 27,
2016, (the “Development Agreement”), concerning the Developer’s development and
rehabilitation of certain elements of the Developer Property in order to create Class A office space.
B.In accordance with and subject to the terms of the Development Agreement, the
Commission agreed to expend no more than Two Hundred Fifty Thousand Dollars ($250,000.00)
(the “Funding Amount”) to complete certain Local Public Improvements (the “LPI”) in support of
the Developer’s construction on the Developer’s Property.
C.Bids were solicited and received for the LPI in accordance with Section 5.2(c) of
the Development Agreement, and all change orders were submitted to the City of South Bend,
Indiana, Board of Public Works (the “Board”) for approval.
D.The LPI were inspected by the Engineering Department, which verified that an
overage in the amount of Seventeen Thousand Seven Hundred Sixty-Nine and 20/100
($17,769.20) was incurred (the “Overage”).
E.In accordance with Section 5.2(d) of the Development Agreement, the Developer
has agreed to pay the Overage in the manner set forth in this First Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in the
Development Agreement and this First Amendment, the adequacy of which is hereby
acknowledged, the Parties agree as follows:
1.In Section 1.3 of the Development Agreement, which defines the Commission’s
Funding Amount, the term “Two Hundred Fifty Thousand Dollars ($250,000.00)” shall be deleted
and replaced with the term “Two Hundred Sixty-Seven Thousand Seven Hundred Sixty-Nine and
20/100 Dollars ($267,769.20).”
2.The Developer hereby expressly reaffirms its obligation under Section 5.2(d) of the
Development Agreement to pay all costs of completing the LPI, in excess of the Funding Amount,
as such amount is hereby amended.
3.As an inducement for the Commission’s increase of the Funding Amount under this
First Amendment and as a further assurance to the Commission pursuant to Section 9.12 of the
Development Agreement, within five (5) days after the Effective Date of this First Amendment, the
Developer (or the Developer’s designee) will submit to the Commission certified funds in the
amount of Seventeen Thousand Seven Hundred Sixty-Nine and 20/100 Dollars ($17,769.20), which
ITEM: 5B7
2
funds will be applied to any open LPI invoices in accordance with the ordinary payment practices
of the Board and applicable laws.
4. Unless expressly modified by this First Amendment, the terms and provisions of
the Development Agreement remain in full force and effect.
5.Capitalized terms used in this First Amendment will have the meanings set forth in
the Development Agreement unless otherwise stated herein.
6.The recitals set forth above are hereby incorporated into the operative provisions of
this First Amendment.
7.This First Amendment may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute one and the same
instrument. Any electronically transmitted version of a manually executed original shall be deemed
a manually executed original.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the Parties hereby execute this FirstAmendment To
Development Agreement to be effective as of the Effective Date stated above.
COMMISSION:
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Donald E. Inks, Secretary
3
DEVELOPER:
WAYNE STREET ASSOCIATES LLC,
By: _____________________________________
Name: Edward Bradley
Title: President
Redevelopment Commission Agenda Item
DATE: September 13, 2018
FROM: Aaron Perri, Executive Director – Venues Parks & Arts
SUBJECT: Budget Request (Howard Park)
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: River East TIF Funding for Howard Park
Specifics: In 2015, a plan was conceived to remove and replace the 50+ year old Howard Park ice
skating rink, which had far exceeded its useful life expectancy. At that time, the strategy was a simple
repair and replacement of the rink, without any other consideration for the entirety of Howard Park or
the adjacent riverfront parks and trails. The estimate for the original basic project was $1.5 million, to
be funded by the River East TIF. After a 9-month community visioning process and 12-month design
process, we now have a more comprehensive framework for the shared community spaces along the
river. The City of South Bend is also now the beneficiary of nearly $12 million worth of private grants
and partnership funding to implement these plans.
The request before you will leverage those private dollars in addition to $1.9 million from the River East
TIF to be used specifically in the redevelopment of Howard Park. This is an $18 million-dollar
construction project which includes a new ice skating and interactive water feature, a signature
playground, a new community center, an event lawn, improved accessibility, and enhanced site
amenities.
In partnership with the Department of Community Investment as well the residents and stakeholders
who have helped envision this project, we appreciate your support of this request.
INTERNAL USE ONLY: Project Code: 17J031_________________________________________ ;
Total Amount new/change (inc/dec) in budget: $1.9M___________; 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: 5C1
1
RESOLUTION NO. 3448
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
SETTING A PUBLIC HEARING ON THE APPROPRIATION OF TAX INCREMENT
FINANCING REVENUES FROM VARIOUS ALLOCATION AREAS FOR THE
PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THEIR
RESPECTIVE ALLOCATION AREAS FOR CALENDAR YEAR 2019 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 36-7-14, as amended (the “Act”); and
WHEREAS, in accordance with the Act, the Commission, from time to time, has declared,
confirmed, and established allocation areas for certain redevelopment and economic development
areas within the District for the purposes of tax increment financing; and
WHEREAS, the Commission has further created allocation area funds for the purpose of
receiving tax increment revenues received from the allocation areas; and
WHEREAS, the Commission will be presented with and will consider Resolutions No.
3449 through 3458, inclusively, for the appropriation of funds from the various allocation areas of
the District (the “Resolutions”); and
WHEREAS, the Commission desires to hold a public hearing to discuss the Resolutions,
which enable the Commission to pay certain expenses related to local public improvements
anticipated for the calendar year 2019, as set forth more particularly in the Resolutions; and
WHEREAS, such appropriations are subject to the provisions of Indiana Code 6-1.1-18-5;
and
WHEREAS, the proposed appropriations are not for the operating expenses of the
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The Commission desires to set a public hearing to discuss the Resolutions for the
appropriation of the funds in the not-to-exceed amounts for the various allocation areas as set forth
below:
Allocation Area and Fund Resolution No. Fund No. Not-to-Exceed
River West Development Area No. 3449 324 18,000,000
West Washington Development Area No. 3450 422 900,000
River East Development Area No. 3451 429 5,100,000
ITEM: 5D1
2
River East Residential Development Area No. 3452 436 4,275,000
South Side Area #1 General No. 3453 430 4,000,000
Redevelopment Pokagon No. 3454 433 1,074,000
Certified Tech Park No. 3455 439 625,000
Airport/Urban Enterprise Zone No. 3456 454 50,000
Airport Bond Debt Service Reserve No. 3457 315 14,000
Downtown Bond Debt Service Reserve No. 3458 328 20,000
Totals 34,058,000
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 applicable laws, 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 October 11, 2018, at 1308
County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.
3.This Resolution will be in full force and effect upon its adoption by the
Commission.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
September 13, 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