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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