HomeMy WebLinkAboutRDC Packet 10.11.2018South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, October 11, 2018 9:30 a.m.
1.Roll Call
2.Approval of Minutes
A.Minutes of the Regular Meeting of Thursday, September 27, 2018
3.Approval of Claims
A.Claims Submitted October 11, 2018
4.Old Business
5.New Business
A.Public Hearing
1.Resolution No. 3449 (River West Development Area) – D2
2.Resolution No. 3450 (West Washington Development Area) – D2
3.Resolution No. 3451 (River East Development Area) – D4
4.Resolution No. 3452 (River East Residential Development Area) – D4
5.Resolution No. 3453 (South Side Area #1 General) – D5
6.Resolution No. 3454 (Redevelopment General) - All
7.Resolution No. 3455 (Certified Tech Park) – D6
8.Resolution No. 3456 (Airport/Urban Enterprise Zone) - All
9.Resolution No. 3457 (Airport Bond Debt Service Reserve) - All
10. Resolution No. 3458 (Downtown Bond Debt Service Reserve) – D2
B.River West Development Area
1.Development Agreement (REW, LLC) – D2
2.Memorandum of Option (Bald Mountain, LLC) – D2
C.Other
1.Ratification (Electric Conduit Construction Company) – D2
6.Progress Reports
A.Tax Abatement
B.Common Council
C.Other
7.Next Commission Meeting:
Thursday, October 25, 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
September 27, 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
Members Absent: Leslie Wesley, Commissioner
Legal Counsel: Sandra Kennedy, Esq.
Redevelopment Staff: David Relos, RDC Staff
Mary Brazinsky, Board Secretary
Others Present: James Mueller
Daniel Buckenmeyer
Elizabeth Leonard Inks
Austin Gammage
Caleb Bauer
Eric Henderson
Conrad Damian
Eric Walton
DCI
DCI
DCI
DCI
South Bend Tribune
Prism Environmental
718 E Broadway
WNDU
ITEM: 2A
South Bend Redevelopment Commission Regular Meeting – September 27, 2018
2.Approval of Minutes
A.Approval of Minutes of the Regular Meeting of Thursday, September 13, 2018
Upon a motion by Commissioner Ferlic, seconded by Vice-President Varner,
the motion carried unanimously, the Commission approved the minutes of the
regular meeting of Thursday, September 13, 2018.
3.Approval of Claims
A.Claims Submitted September 27, 2018
Upon a motion by Commissioner Ferlic, seconded by Commissioner Phillips,
the motion carried unanimously, the Commission approved the claims
submitted on Thursday, September 27, 2018.
4.Old Business
South Bend Redevelopment Commission Regular Meeting – September 27, 2018
5.New Business
A.River West Development Area
1.Second Amendment to Development Agreement (GLC Portage Prairie II,
LLC)
Mr. Buckenmeyer presented a Second Amendment to Development Agreement
(GLC Portage Prairie II, LLC). In October 2017 the Commission approved funding
for a building at Portage Prairie. This building is now 60% leased, with a great
new tenant for the other portion in the works. The Commission funding has added
new jobs and investment to the South Bend area. The 2017 Development
Agreement funding amount is a not-to-exceed of $450,000 to complete local public
improvements in support of the developer’s construction, including upgrades to the
existing sanitary sewer lift station and asphalt work.
An agreed upon $150,000 of that funding amount, as a contribution to the
upgrades to the sanitary sewer lift station, have not yet been bid. For the Board of
Public Works to award the contract for the asphalt portion of the work, the funding
amount needs to be increased by $147,834.20. The developer will then reimburse
the Commission. New total is $597,834.20. Commission approval is requested.
Upon a motion by Commissioner Ferlic, seconded by Vice-President Varner,
the motion carried unanimously, the Commission approved the Second
Amendment to Development Agreement (GLC Portage Prairie II, LLC)
submitted on Thursday, September 27, 2018.
2.Budget Request (DLZ Professional Services – Fat Daddy’s Demo)
Mr. Relos presented a budget request for DLZ to provide professional services for
the Fat Daddy’s demolition project. Engineering would like the assistance of DLZ
to prepare demolition specifications, assist with pre-bid and pre-con meetings,
assist in the bidding / award phase, and provide clarification once demolition
begins. Cost for these services is $49,800, with projected award date for the
demolition contract to be early December. Commission approval in an amount of
$55,000 is requested, since the condition of the building makes it difficult to
assess. Any increase in DLZ’s contract would be approved by the Board of Public
Works.
Upon a motion by Vice-President Varner, seconded by Commissioner Ferlic,
the motion carried unanimously, the Commission approved Budget Request
(DLZ Professional Services – Fat Daddy’s Demo) submitted on Thursday,
September 27, 2018.
South Bend Redevelopment Commission Regular Meeting – September 27, 2018
B.Administrative
1.Amended and Restated Redevelopment Legal Services Agreement
Ms. Kennedy presented the Amended and Restated Redevelopment Legal
Services Agreement. Staffing changes have necessitated an amended agreement
from the previously entered into agreement dated January 12, 2017. The idea
behind this is that the entire legal department provides legal services to the
department; it was determined not to reimburse one salary but reimburse at the
salary cap.
This changes the previous fee for services from $75,500 to $87,533 which is the
maximum payable salary for a full-time Assistant City Attorney for the City as set
forth in the annual City salary ordinance. This will be effective July 1, 2018.
Upon a motion by Commissioner Ferlic, seconded by Commissioner Phillips,
the motion carried unanimously, the Commission approved the Amended and
Restated Redevelopment Legal Services Agreement submitted on Thursday,
September 27, 2018.
6.Progress Reports
A.Tax Abatement
1.Lippert is expanding with 108 jobs.
B.Common Council
C.Other
7.Next Commission Meeting:
Thursday, October 11, 2018, 9:30 a.m.
8.Adjournment
Thursday, September 27, 2018, 9:39 a.m.
David Relos, Property Development Manager Marcia Jones, President
ITEM: 3A
RESOLUTION NO. 3449
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 324 are not for
the operating expenses of the Commission; and
WHEREAS, on September 13, 2018, the Commission adopted Resolution 3448 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's action
acknowledged at its public meeting on October 11, 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
October 11, 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
Eighteen Million Dollars and 00/100 ($18,000,000.00)
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area No. 1 Fund 324 in the amount of
Eighteen Million Dollars and 00/100 ($18,000,000.00) 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
October 11, 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
RESOLUTION NO. 3450
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 422 are not for
the operating expenses of the Commission; and
WHEREAS, on September 13, 2018, the Commission adopted Resolution 3448 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's
action acknowledged at its public meeting on October 11, 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
October 11, 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 Nine Hundred Thousand Dollars ($900,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area Fund 422 in the amount of Nine Hundred
Thousand Dollars, ($900,000.00) 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
October 11, 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, Secretary
RESOLUTION NO. 3451
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 429 are not for
the operating expenses of the Commission; and
WHEREAS, on September 13, 2018, the Commission adopted Resolution 3448 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's action
acknowledged at its public meeting on October 11, 2018; and
ITEM: 5A3
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
October 11, 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 Five Million One Hundred Thou�and and 00/100 Dollars ($5,100,000);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.rThe funds fom Allocation Area Fund 429 in the additional amount of Five Million
One Hundred Thou�and and 00/100 Dollars ($5,100,000) 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
October 11, 2018 at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
ATTEST
Donald E. Inks, Secretary
Printed Name and Title
Marcia I. Jones, President
_____________________________Printed Name and Title
RESOLUTION NO. 3452
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. 2
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§ 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, Resolution No. 3255, adopted by the Commission on November 10, 2014,
amended boundaries of the Northeast Neighborhood Development Allocation Area No. 2, and
renamed the area to the River East Allocation Area No. 2; 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. 2 (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, t�e 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 436 are not for
the operating expenses of the Commission; and
ITEM: 5A4
WHEREAS, on September 13, 2018, the Commission adopted Resolution 3448 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's action
acknowledged at its public meeting on October 11, 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
October 11, 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
Four Million Two Hundred Seventy-Five Thousand and 00/100 Dollars ($4,275,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area Fund 436 in the additional amount of Four
Million Two Hundred Seventy-Five Thousand and 00/100 Dollars ($4,275,000.00) 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
October 11, 2018, at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend,
Indiana 46601.
Donald E. Inks, Secretary
Printed Name and Title
SOUTH BEND REDE ELOPMENT
COMMISSION
Marcia I.
Printed Name and Title ATTEST
RESOLUTION NO. 3453
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: 5A5
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 430 are not for
the operating expenses of the Commission; and
WHEREAS, on September 13, 2018, the Commission adopted Resolution 3448 setting
a public hearing on said appropriations, which public hearing, pursuant to the Commission's
action acknowledged at its public meeting on October 11, 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
October 11, 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 Million Dollars and 00/100 ($4,000,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The funds from Allocation Area No. 1 Fund 430 in the amount of Four
Million Dollars and 00/100 ($4,000,000.00) 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
October 11, 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. 3454
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROPRIATING MONIES FROM THE
REDEVELOPMENT GENERAL (FUND 433) FOR THE PURPOSE
OF PA YING FOR CERTAIN EXPENSES INCURRED BY THE
REDEVELOPMENT COMMISSION
WHEREAS, the Redevelopment General-Fund 433 was established for the
purpose of holding, among other things, certain miscellaneous revenue proceeds (the
"Proceeds") received by the South Bend Redevelopment Commission (the
"Commission") and
WHEREAS, the Commission desires to engage outside legal counsel to assist the
Commission in its redevelopment efforts (the "Services"); and
WHEREAS, there are insufficient funds available or provided for in the existing
budget and tax levy which may be applied to payment for the Services; and
WHEREAS, the Commission desires to pay certain expenses incurred by it out of
the Proceeds; and
WHEREAS, on September 13, 2018, the Commission adopted Resolution 3448
setting a public hearing on said appropriations, which public hearing, pursuant to the
Commission's action acknowledged at its public meeting on October 11, 2018; and
WHEREAS, the Commission held a public hearing on the proposed appropriation
on October 11, 2018 at 9:30 a.m. in the Board of Public Works Meeting Room, 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 at
to such appropriation, notice of which continued hearing was published in the South Bend
Tribune on September 27, 2018, in accordance with Indiana Code § 6-1.1-18-5 and
Indiana Code § 5-3-l-2(b );
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1.The Commission hereby approves the use of funds in the Redevelopment
General Fund in an amount not to exceed One Million Seventy-Four Thousand and
00/100 Dollars ($1,074,000.00) for purposes of paying the Services and appropriated
said funds for said purpose. Such appropriation shall be in addition to all
appropriations provided for in the existing budget and levy and shall continue in effect
until the Services are completed and paid for as more particularly described on Exhibit A,
attached hereto.
2.The President and Secretary of the Commission shall be, and hereby are,
authorized and directed to certify a copy of this Resolution, together with such other
proceedings and actions as may be necessary, to the Department of Local Government
Finance.
ITEM: 5A6
ADOPTED at a meeting of the South Bend Redevelopment Commission held
on October 11, 2018 at the Board of Public Works Meeting Room, 1308
County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
Marcia I. Jones, President
Printed Name and Title
ATTEST
Printed Name and Title
Donald E. Inks, Secretary
_______________________
RESOLUTION NO. 3455
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING FUNDS FROM THE CERTIFIED TECHNOLOGY PARK FUND
FOR THE PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES
RELATED TO THE CERTIFIED TECHNOLOGY PARK
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, upon application made by the Commission, the Indiana Economic
Development Corporation, on January 1, 2009, designated and established the Certified
Technology Park within Ignition Park (the “Area”) to be a certified technology park within the
meaning of Indiana Code § 36-7-32-11; and
WHEREAS, the Commission designated the Area as the Certified Technology Park
Allocation Area (“Allocation Area”) for purposes of the allocation and distribution of property
taxes; and
WHEREAS, the proposed appropriations from the Certified Technology Fund comply with
the requirements of Indiana Code § 36-7-32-23 and 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 September 13, 2018, the Commission adopted Resolution No. 3348 setting
a public hearing on said appropriations for 9:30 a.m. on October 11, 2018, and authorizing the
Secretary of the Commission to duly publish notice of said hearing; and
WHEREAS, the Secretary of the Commission has caused notice of said hearing on said
appropriations to be published in accordance with law; and
WHEREAS, such public hearing was held at the Commission’s meeting at 9:30 a.m. on
October 11, 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 Six Hundred Twenty-Five Thousand and 00/100 Dollars ($625,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
ITEM: 5A7
1.The funds from the Certified Technology Fund in the amount of Six Hundred
Twenty-Five Thousand and 00/100 Dollars ($625,000.00) 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
October 11, 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
EXHIBIT A
Appropriation of funds in the Certified Technology Park Fund for certain expenditures incurred
by the Commission and described at Indiana Code § 36-7-32-23 and certain other expenditures
incurred by the Commission for local public improvements or otherwise authorized by Indiana
Code § 33-7-32-23 in a total amount not to exceed Six Hundred Twenty-Five Thousand and 00/100
Dollars ($625,000.00).
RESOLUTION NO. 3456
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING TAX INCREMENT FINANCING REVENUES FROM THE
AIRPORT ECONOMIC DEVELOPMENT/URBAN ENTERPRISE ZONE
SPECIAL ZONE FUND FOR THE PAYMENT OF CERTAIN OBLIGATIONS
AND EXPENSES RELATED TO THE AIRPORT ECONOMIC DEVELOPMENT AREA
AND THE URBAN ENTERPRISE ZONE
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 February 23, 1990, the Commission adopted Resolution No. 919 (the
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)(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, 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)(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
ITEM: 5A8
WHEREAS, the Declaratory Resolution was further amended by the Resolution No. 2348
and Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said
resolution 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, under the Declaratory Resolution, the funds and deposits of the SEDA
Allocation Funds have further been consolidated and deposited with Allocation Area No. 1 Fund
(collectively referred to hereafter as “Allocation Area No. 1 Fund”); and
WHEREAS, on October 27, 2003, the South Bend Common Council adopted Resolution No.
3261-03, requesting that the State Enterprise Zone Board establish the Urban Enterprise Zone (the
“Zone”) as an enterprise zone within the meaning of Indiana Code § 4-4-6.1 (now Indiana Code
§5–28–15) which was approved by the State of Indiana, effective January 1, 2004, for a period
of ten (10) years and expiring on December 31, 2013; and extended for five (5) years and
expiring on December 31, 2018.
WHEREAS, the purpose for the existence of the Zone is to: (1) Increase the number of
jobs in the Zone by retention and expansion of existing businesses and attraction and development
of new businesses; and (2) Improve the quality of life of zone residents, improve zone
residents' employability, and fill zone jobs with zone residents; and
WHEREAS, due to an overlap in the Area and the Zone (the “Overlap Area”), the Airport
Economic Development Area / Urban Enterprise Zone Special Zone Fund was established for
the purpose of depositing into a special fund (the “Zone 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 Overlap Area pursuant to Indiana Code
§36–7–14–39(g); and
WHEREAS, pursuant to Indiana Code § 36–7–14–39(g), 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 Overlap Area have been transferred
from the Allocation Area No. 1 Fund into the Zone Fund; and
WHEREAS, the Commission desires to pay certain expenses incurred by third parties
for programs located in or serving the Overlap Area from funds remaining in the Zone
Fund, in accordance with Indiana Code § 36–7–14–39(g) 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 the Zone Fund are described on the attached Exhibit A; and
WHEREAS, the proposed appropriations from the Zone Fund 454 are not for the
operating expenses of the Commission; and
WHEREAS, on September 13, 2018, the Commission adopted Resolution 3448 setting a
public hearing on said appropriations, which public hearing, pursuant to the Commission's action
acknowledged at its public meeting on October 11, 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
October 11, 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
Fifty Thousand and 00/100 Dollars ($50,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The Commission hereby finds that there are insufficient funds available or provided
for in the existing budget and tax levy which may be applied to such expenses and the expenditure of
such amount from the Zone Fund.
2.The funds from the Zone Fund in the amount of Fifty Thousand and 00/100 Dollars
($50,000.00) are hereby appropriated for the purpose of paying the expenditures described at Exhibit A.
3.Such appropriations shall be in addition to all the appropriations provided for in the
existing budget and levy and shall continue in effect until the completion of the activities described
herein. Any surplus of such proceeds shall be credited to the proper fund as provided by law.
4.The President and/or the Secretary of the Commission are hereby authorized and
directed to certify a copy of this Resolution together with such other proceedings and actions as may
be necessary to the St. Joseph County Auditor for certification to the Indiana Department of Local
Government Finance for the purpose of obtaining its approval of the appropriations herein made.
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
October 11, 2018, at 1308 County-City Building, 227 W. 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
EXHIBIT A
Appropriation of tax increment in the Airport Economic Development Area / the Urban Enterprise
Zone Overlap Area (the “Overlap Area”) for making payments to programs that are in or serve the
Overlap Area from funds remaining in the Zone Fund, as may be authorized by Indiana Code § 36–
7–14–39(g) and certain other expenditures incurred by the Commission in accordance with Indiana
Code § 36–7–14–39(b)(2) in the Overlap Area in a total amount not to exceed Fifty Thousand and
00/100 Dollars ($50,000.00).
RESOLUTION NO. 3457
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING AND TRANSFERRING MONIES FOR THE PURPOSE OF
FUNDING CERTAIN PROJECTS FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2019, AND ENDING DECEMBER 31, 2019
(2003 Airport Bond)
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) has caused
to be issued several bonds funding the development of certain local public improvements located
within the various development areas in the City of South Bend; and
WHEREAS, to provide for the repayment of such bonds, the Commission has established
several Debt Service Funds and has deposited monies into those funds for the purpose of repaying
those bonds; and
WHEREAS, the Debt Service Funds earn interest income over the course of the year which
can be appropriated and transferred for the use of the Commission pursuant to IC 36-7-14-39,
during calendar year 2019; and
WHEREAS, the Debt Service Funds also contain monies held in reserve to guarantee that
payments can be made on said bonds, which, at the end of the life of the bonds are no longer
required to be held in the Debt Service Fund and become available for the Commission’s use in
accordance with IC 36-7-14-39; and
WHEREAS, the Commission has determined it is necessary and desirable to appropriate
the interest income and other available monies of the various Debt Service Funds and to transfer
those monies to the appropriate fund as specified in Exhibit A for the use of the Commission in
accordance with the uses specified in IC 36-7-14-39.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.For the expenditures of the River West TIF Revenue Fund 324, for the fiscal year
2019, the sums of money, as set forth in Exhibit A, attached hereto and made a part hereof, are
hereby appropriated and ordered transferred out of the Airport 2003 Debt Reserve Fund 315 and
into the River West TIF Revenue Fund 324, and for the purposes hereinafter specified, subject to
the laws governing the same. The sums hereby appropriated and transferred 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 from the Airport 2003 Debt Reserve Fund 315.
ITEM: 5A9
3.The above referenced funds herein appropriated are hereby ordered transferred to
the River West TIF Revenue Fund 324.
4.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, October 11, 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
EXHIBIT A
Appropriated and transferred from:
Airport 2003 Debt Reserve Fund 315 $14,000.00
Transferred to:
River West TIF Revenue Fund 324 $14,000.00
RESOLUTION NO. 3458
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROPRIATING AND TRANSFERRING MONIES FOR THE PURPOSE OF
FUNDING CERTAIN PROJECTS FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2019, AND ENDING DECEMBER 31, 2019
(2003 Downtown Bond)
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) has caused
to be issued several bonds funding the development of certain local public improvements located
within the various development areas in the City of South Bend; and
WHEREAS, to provide for the repayment of such bonds, the Commission has established
several Debt Service Funds and has deposited monies into those funds for the purpose of repaying
those bonds; and
WHEREAS, the Debt Service Funds earn interest income over the course of the year which
can be appropriated and transferred for the use of the Commission pursuant to IC 36-7-14-39,
during calendar year 2019; and
WHEREAS, the Debt Service Funds also contain monies held in reserve to guarantee that
payments can be made on said bonds, which, at the end of the life of the bonds are no longer
required to be held in the Debt Service Fund and become available for the Commission’s use in
accordance with IC 36-7-14-39; and
WHEREAS, the Commission has determined it is necessary and desirable to appropriate
the interest income and other available monies of the various Debt Service Funds and to transfer
those monies to the appropriate fund as specified in Exhibit A for the use of the Commission in
accordance with the uses specified in IC 36-7-14-39.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.For the expenditures of the River West General Account Fund 324, for the fiscal
year 2019, the sums of money, as set forth in Exhibit A, attached hereto and made a part hereof,
are hereby appropriated and ordered transferred out of the SBCDA 2003 Debt Reserve Fund 328
and into the River West Account Fund 324, and for the purposes hereinafter specified, subject to
the laws governing the same. The sums hereby appropriated and transferred 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 from the SBCDA 2003 Debt Reserve Fund 328.
3.The above referenced funds herein appropriated are hereby ordered transferred to
the River West General Account Fund 324.
ITEM: 5A10
4.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, October 11, 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
EXHIBIT A
Appropriated and transferred from:
SBCDA 2003 Debt Reserve Fund 328 $20,000.00
Transferred to:
River West Account Fund 324 $20,000.00
ITEM: 5B1
MEMORANDUM OF OPTION
This Memorandum of Option (this “Memorandum”) is made effective this _____ day of
_________________, 2018, by and between Bald Mountain LLC, an Indiana limited liability company
(the “Developer”), and the City of South Bend, Indiana, Department of Redevelopment, acting by and
through its governing body, the South Bend Redevelopment Commission (the “City”). The Developer
and the City are each referred to herein as a “party” and collectively as the “parties”.
RECITALS
A.The Developer and the City entered into a Real Estate Purchase Agreement, dated April 26,
2018, as amended by that First Amendment to Real Estate Purchase Agreement, dated August
23, 2018 (together, the “Agreement”) for the purchase of certain real estate located in St. Joseph
County, Indiana (the “Property”), as more particularly described on Exhibit A, attached hereto
and made a part hereof.
B.Pursuant to Section 12 of the Agreement, the Developer agreed to grant to the City a perpetual
right to repurchase from the Developer a portion of the Property (the “Buyback Parcel”), more
particularly described on Exhibit B, attached hereto and made a part hereof.
C.In accordance with Section 10(B)(ii) of the Agreement, the parties desire to memorialize for
recording the parties’ rights with regard to the Buyback Parcel (the “Option”).
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants and
promises contained in the Agreement, as well as in this Memorandum, and other good and valuable
consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree as follows:
1.The term of the Option shall be perpetual, commencing on the Closing Date of the Agreement.
2.The City shall provide a notice of its intent to exercise the Option at least three (3) months prior
to the repurchase of the Buyback Parcel. Additionally, prior to closing on the purchase of the
Buyback Parcel, the City shall seek and file, with the Developer’s cooperation and consent,
which consent shall not be unreasonably withheld, a petition for the formal subdivision of the
Property into two (2) parcels comprised of the Buyback Parcel and the remainder.
3. The purchase price for the Buyback Parcel shall be One Dollar ($1.00).
4.The City shall certify to the Developer that the Buyback Parcel will be used as a part of a parcel
assembly for future development and will provide for replacement parking spaces as set forth
in Section 12(B) of the Agreement.
5.The Developer shall not construct or permit to be constructed any building, structure, or
facilities, above or below grade, including storm water management facilities or utilities of any
kind or description on the Buyback Parcel other than (a) a surface parking lot serving the
ITEM: 5B2
Building to be constructed by the Developer in accordance with the Agreement, and (b) a
dumpster enclosure; provided such enclosure (if any) shall be removed/relocated by Developer
at its cost if requested by City upon transfer of the Buyback Parcel. The Developer also agrees
and covenants not to place or suffer any lien or encumbrance of any kind or description upon
the Buyback Parcel. If a lien or encumbrance on the Buyback Parcel is unavoidable, then, prior
to the lien or encumbrance, the Developer shall secure in favor of the City the obligation of the
mortgage or lien holder to release any such lien or encumbrance upon the City’s exercise of
the Option.
6.The parties agree to abide by the indemnification provisions set forth in Section 12(D) of the
Agreement.
7.Capitalized terms used in this Memorandum but not otherwise defined herein shall have the
meanings set forth in the Agreement.
8.The undersigned individuals executing and delivering this document on behalf of the respective
parties represent and certify that they are duly authorized representatives of each and have been
fully empowered to execute and deliver this Memorandum and that all necessary corporate
action has been taken. Further, the undersigned representative of the Developer represents and
warrants that the Developer is duly organized, validly existing, and in good standing under the
laws of the State of Indiana.
9.This Memorandum may be executed in any number of counterparts, each of which counterpart,
when so executed and delivered, shall be an original, but all such counterparts when taken
together shall constitute one and the same Memorandum.
SIGNATURE PAGES FOLLOW
IN WITNESS WHEREOF, the parties hereby execute this Memorandum of Option to be
effective as of the date first set forth above.
BALD MOUNTAIN LLC
By:
Printed:
Title:
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned Notary Public in and for said County and State, personally appeared
, known to me to be the of Bald Mountain LLC,
who acknowledged the execution of the foregoing Memorandum of Option, being authorized so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on
this
day of , 2018.
Notary Public
Residing in County, Indiana
My Commission Expires:
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
BY AND THROUGH THE
SOUTH BEND REDEVELOPMENT COMMISSION
By:
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned 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, who acknowledged the execution of the foregoing
Memorandum of Option, being authorized so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on
this
day of , 2018.
Mary C. Brazinsky, Notary Public
Residing in St. Joseph County, Indiana
My Commission Expires: December 12, 2024
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, IN 46601.
EXHIBIT A
Property
Lot 260AA of the record plat of the Original Town of South Bend, Jefferson and Main, Second Replat,
recorded on March 25, 2013, as Document No. 1308726 in the Office of the Recorder of St. Joseph County.
Parcel Key No. 018-3007-0231
EXHIBIT B
Buyback Parcel
A part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City
of South Bend, St. Joseph County, Indiana, which is described as: Beginning at the Northwest corner of
Lot #260AA of the plat of “Original Town of South Bend, Jefferson and Main, Second Replat” as recorded
by Document No. 1308726 in the records of the St. Joseph County, Indiana Recorder’s Office; thence North
89°59’03” East, along the South right-of-way line of Jefferson Boulevard, a distance of 20.00 feet; thence
South 00°03’04” East, a distance of 212.21 feet to the South line of said Lot #260AA; thence along the
South and West line of said Lot for the next five (5) courses, South 89°59’15” West, a distance of 44.98
feet and South 89°49’01” West, a distance of 14.00 feet and North 00°01’36” West, a distance of 11.02 feet
and North 51°26’10” East, a distance of 49.86 feet and North 00°03’04” West, a distance of 170.00 feet to
the point of beginning.
Containing 0.12 acres, more or less.
Subject to all legal highways, easements, and restrictions of record.
ITEM: 5C1