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10-22-2018 Agenda Packet
MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: OCTOBER 18, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, OCTOBER 22, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1.Bill No. 18-62- Approval of Grant for CDBG- Disaster Relief II Funds 2.Bill No. 18-63- Approval of Grant for Lead Hazard Reduction Demonstration and Healthy Homes Supplemental Funds 3.Bill No. 18-64- Nilkanth, LLC Designating Tax Abatement 4.Bill No. 18-66- South Bend Ethanol, LLC Designating Tax Abatement 5.Update: St. Joseph County Public Library (15 minutes) 4:05 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON 1.Bill No. 54-18- Alley Vacation: Alley from West or South Right of Way of Madison Street to Northwest/Southeast Alley Between Taylor St and North William Street 2.Bill No. 55-18- Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way 4:25 P.M. COMMUNITY RELATIONS REGINA WILLIAMS-PRESTON, CHAIRPERSON 1. Committee Update (15 minutes) 4:40 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1.Bill No. 18-55- 1715 S. Dale Ave and 1717 S. Dale Ave 2.Bill No. 18-56- 340 E. Colfax Ave 3.Bill No. 53-18- 121 E. Tutt Street Special Exception- Rezoning Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda (Veteran’s Day) 2.Update and Announcements 3. Adjournment 2 cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, October 22, 2018 7:00 P.M. 1.INVOCATION- FATHER GLENN KOHRMAN- HOLY FAMILY PARISH & SAINT JOHN THE BAPTIST 2.PLEDGE TO THE FLAG 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS BILL NO. 20-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RECOGNIZING AND THANKING THE LOCAL MEMBERS OF THE MABAS DIVISION 201 TECHNICAL RESCUE TEAM FOR THEIR ASSISTANCE IN NORTH CAROLINA DURING AND FOLLOWING HURRICANE FLORENCE 6.REPORTS FROM CITY OFFICES 7.COMMITTEE OF THE WHOLE TIME:_________ BILL NO. 53-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 54-18 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY 14’ IN WIDTH RUNNING 132’ FROM W. OR S. RIGHT OF WAY OF W. MADISON STREET TO NW/SE ALLEY RUNNING BETWEEN N. TAYLOR AND N. WILLIAMS STREETS. 55-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 14 OF THE 2 SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS 8. BILLS ON THIRD READING TIME:______ BILL NO. 34-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 61.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND, INDIANA (COUNCIL PORTION ONLY) 35-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 229 ACRE TRACT OF LAND NORTH OF THE ST. JOSEPH VALLEY PARKWAY RIGHT-OF-WAY, APPROXIMATELY 1150 FEET FROM THE INTERSECTION OF STATE ROAD 23 AND THE ST. JOSEPH VALLEY PARKWAY, SOUTH BEND, INDIANA (COUNCIL PORTION ONLY) 53-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 54-18 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY 14’ IN WIDTH RUNNING 132’ FROM W. OR S. RIGHT OF WAY OF W. MADISON STREET TO NW/SE ALLEY RUNNING BETWEEN N. TAYLOR AND N. WILLIAMS STREETS. 55-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS 9. RESOLUTIONS BILL NO. 18-55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF 3 ZONING APPEALS FOR THE PROPERTY LOCATED AT 1715 S. DALE AVE AND 1717 S. DALE AVE 18-56 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 340 E. COLFAX AVE 18-62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACCEPT A RECOVERABLE GRANT FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY, COMMUNITY DEVELOPMENT BLOCK GRANT – DISASTER RELIEF II 18-63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACCEPT A RECOVERABLE GRANT FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY, LEAD HAZARD REDUCTION DEMONSTRATION GRANT AND HEALTHY HOMES SUPPLEMENTAL FUNDING 18-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4836 WESTERN AVE, SOUTH BEND, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR NILKANTH, LLC 18-66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 W CALVERT STREET, SOUTH BEND, INDIANA 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND ETHANOL, LLC 10. BILLS ON FIRST READING BILL NO. 56-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA (PREVIOUSLY BILL NO. 12-17) 11. UNFINISHED BUSINESS 4 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ 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. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Jake Teshka, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Gavin Ferlic, Member Jake Teshka, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Jake Teshka 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member Information and Technology Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Relations Committee OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5 7 4) 235-9571 September 18, 2018 Honorable Common Council 4th Floor, County-City Building Filed in Clerk's Office South Bend, IN 46601 SEP 19 2018 RE: 121 E. Tutt Street ICAAPC# 2879-18 REEMAFI FOWLER CITY CLERK,SOUTH BEND ICI Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your September 24th, 2018 Council meeting, and set it for public hearing at your October 22"d,2018 Council meeting. The petition is tentatively scheduled for public hearing at the October 16th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A. C O M/A R E A P L A N BILL NO. 53-18 Filed in Clerk's office BILL NO. 53-18 SEP 19 2018 b ORDINANCE NO. KAREENIAH r&i`fL-ER CITE'CLERK,SOUTH SEP AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LI to MU for a group residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A parcel of land in the East %2 of the Southwest '/a of Section 12, Township 37 North, Range 2 East and more particularly described as follows: Beginning at the intersection of the East right of way line of the first North/South alley West of Michigan Street and the North right of way line of Tutt Street; thence West along said right of way line of Tutt Street to the Southwest corner of Lot 1, in the Replat of Indiana Lumber& Manufacturing Company's Tutt Street Subdivision; thence North along said West line of Lot 1 to the Northwest corner of Lot 1; thence East along the North line of Lot 1 of said Tutt Street Subdivision to the Northwest corner of Lot 2: thence South along the West line of said Lot 2 to the North right of way line of Tutt Street; thence East along said North line to the Southeast corner of Lot 3 of said subdivision; thence North along the East line of Lot 3 to the Northeast corner of Lot 3; thence East along the North lot line of Lot 4, 5 and 6 of said subdivision to the Northeast corner of Lot 6; thence South along said East line of Lot 6 to the North right of way line of Tutt Street; thence East along said North right of way line to the Southeast corner of Lot 7 of said subdivision; thence north along said East line of Lot 7 and the East line extended North to the South right of way line of the Norfolk& Southern(Penn Central)railroad right of way; thence Northeast along said South right of way line 80 feet, more or less, to a point; thence South parallel with the East line of said Lot 7 and Lot 7 extended, a distance of 215 feet,more or less,to the Southeast corner of a parcel with tax key number 018-3022-0849.01; thence West along the South property line of said parcel 220 feet,more or less to the East right of way line of said first North/South alley West of Michigan Street; thence South along the East right of way line to the North right of way line of Tutt Street and the place of beginning. be and the same is hereby established as MU Mixed Use District. SECTION II. That a Special Exception Use for a Group Residence in a MU Mixed Use District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City ofSouth Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 121 E. Tutt Street South Bend, Indiana 46601 2) The property Tax Key Number(s) is/are: 018-3022-0849; 018-3023-0853; 018-3023-0854 3) Legal Descriptions: Enterfull legal description 4) Total Site Area: 2.44 Filed in Clerk's Office 5) Name and address of property owner(s)of the petition site: Matthews 121 Tutt LLC II SEP 19 2010 PO Box 338 L__________ __ J Notre Dame, Indiana 46556 KAREEMAH FOWLER CITY CLERK, SOJJTH BEND, IN 574-607-8008 info@matthewsllc.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name AHEA IL]D- City, Address State Zip Code 1 t Phone number with Area Code E-Mail Address AN C on#- Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District Additional zoning district, if applicable To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): A group residence weather amnesty site for programs and services to serve the City's homeless population during the coldest time of the year. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff ifyou need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Please explain how your variance petition addesses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Please explain how your variance petition addesses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: To allow a Group Residence 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: The intent of the temporary use is to address public health, safety and geeeral welfare by providing a safe and warm environment for the most vulnerable members of our community's population. The offering of shelter encourages less non-sheltered activity. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The temporary use provides a controlled shelter environment as an alternative to the homeless being on the streets near or at adjacent property. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: This location is across the street from other homeless service locations and away from the main traffic corridors. d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Policy H1.5 Support existing transitional houisng providers and shelters that offer a continuum of care to move people towards self-sufficient. In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: David Vanderveen, Executive Director HOPE Ministries 432 S. Lafayette Street South Bend Indiana 46601574-235-4150 DVanderveen@hopesb.org BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s), or signature of Attorney for all property owner(s): L ' F J) P 14 2018 LAN CO 10 ation#—J 1099b rIW1'WaB VNOS IOOZ I:ns'uYi Aerulwun 6z6 eueipul'F 'S F T I—is ;L tl9 WV'600 dAIS3NjvN31--m FS318191NIW3dOHIN a U0Ije01lil d 01, 0 t4t11d V3Iuv o0lOZVId3Swxcn owT,_ Qo I cv i i.0 em I Z I m I I yt ? A jP1 KW II QQ1 I < CZ I I p W I1H OO I N 6m e LDo yyggke' oSg r w c I I Z Ii III 1 I M/H.001133N1S NVE)IHOIW 13381S NVJIHOIW Filed in Clerk's Office SEP 19 2013 KAREENIAH FOWLER CITY CLERK,SOUTH BEI`M. IN! 1 l`n O z O f) o {0 1- O'D : c0 U. cl_ uj w Y N LU J oo 00 00 p O U 00 0) O LL I- 07 LO -O U C 0 c E O o o0 C O V A f0 H C7 O Q C O CL tOIJ N 0 E Q N c L 0 W c aL+ Y w 7 m 0 V O O .i>, cn U U w_ v O cn G mZc 2 O w O CL o 2 LAWRENCE P. MAGLIOZZI r:('(I riv, Dm'("r[)1) Angela M. Smith I)v)aul)I)Irra,na AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. IfFEIICSON BLVD., ROOM 1140 ('OIINTY.('I'I'Y BUILDING, SOUTH BEND, INDIANA 46fillt (574)235-9571 Wednesday,October 17,2018 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Matthews 121 Tutt LLC to zone from LI Light Industrial District to MU Mixed Use District and seeking a special exception use to allow a group residence, property located at 121 E.Tutt Street,City of South Bend-APC#2879-18. Dear Council Members: I hereby Certify that the above referenced ordinance of Matthews 121 Tutt LLC was legally advertised on October 4,2018 and that the Area Plan Commission at its public hearing on October 16, 2018 took the following action: Upon a motion by John McNamara, being seconded by Elizabeth Maradik and unanimously carried,a proposed ordinance of Matthews 121 Tutt LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 121 E.Tutt Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.Rezoning the site to MU Mixed Use District would allow for the establishment of a group residence and the adaptive reuse of an abandoned property. Upon a motion by John Leszczynski,being seconded by Adam DeVon and unanimously carried, a Special Exception Use for a group residence,property located at 121 E.Tutt Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P.Magliozzi Attachment CC: Matthews 121 Tutt LLC HOPE Ministries SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.S J C I N D I A N A.C O M(I 0 6 1 a,e a-p l a n Staff Report 10/5/2018 APC# 2879-18 Owner: Matthews 121 Tutt LLC Location: 121 E. Tutt Street Jurisdiction: City of South Bend Public Hearing Date: 10/16/2018 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to MU Mixed Use District and seeking a Special Exception Use. Land Uses and Zoning: On site: On site is a warehouse and a parking lot. North: To the north are vacant parcels zoned LI Light Industrial District. East: To the east are vacant parcels zoned LI Light Industrial District. South: To the south, across Tutt Street, is a manufacturing business zoned LI Light Industrial District. West: To the west is a temple and businesses zoned MU Mixed Use District and GB General Business District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail;professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and,maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site Plan Description: The site plan shows the existing structures and parking to remain,with the addition of the required landscaping. Zoning and Land Use History And Trends: The properties along Michigan Street to the west were rezoned with the adoption of the MU Mixed Use District in 2004. A parcel to the west was rezoned to GB General Business District in 1987. Traffic and Transportation Considerations: Tutt Street is two lanes. Utilities: The site is served by municipal water and sewer. Agency Comments: The Department of Community Investment and City Engineering offer a favorable recommendation. APC# 2879-18 Page 1 of 3 Staff Report 10/5/2018 Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies this area for light industrial uses. Plan Implementation/Other Plans: The site is located in the areas of the South Gateway Commercial Corridor Action Plan 1998)and South Bend Central Development Area(1985)however,there is no specific reference to this site or proposed use. 2. Current Conditions and Character: Properties in the area are primarily industrial and Michigan Street,to the west,has developed into a mixed-use corridor. 3. Most Desirable Use: The most desirable use for the property would be the adaptive reuse of the existing structure. 4. Conservation of Property Values: Because this is an existing building in a mixed-use area, it should not affect surrounding property values. 5. Responsible Development And Growth: It is responsible development and growth to allow for the adaptive reuse of abandoned structures. This is a combined public hearing procedure,which includes a rezoning and a Special Exception Use. The Commission will forward the rezoning and Special Exception Use to the Council with or without a recommendation. The Petitioner is seeking a Special Use to allow: a Group Residence A Special Exception may only be granted upon making a written determination based upon the evidence presented at a public hearing,that: 1) The proposed use will not be injurious to the public health,safety, comfort, community moral standards,convenience or general welfare; The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; APC# 2879-18 Page 2 of 3 Staff Report 10/5/2018 The proposed use as a group residence and an adaptive reuse of a currently vacant structure should not affect adjacent property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use would be consistent with the mixed-use character of the surrounding properties. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is compatible with City Plan, South Bend Comprehensive Plan(2006) Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Staff Comments: The staff would note that the immediate area has a mix of buildings that could be adapted for a variaty of uses, as the market dictates. It is a transitional area, making it difficult to determine the ultimate, long term use of the property. Since the requested use has a temporary life span, it would not be inappropriate to reconsider at a future date the rezoning of the site to another zoning district Recommendation: Based on information available prior to the public hearing,the staff recommends sending this petition to the Common Council with a favorable recommendation. Analysis: Rezoning the site to MU Mixed Use District would allow for the establishment of a group residence and the adaptive reuse of and abandoned property. APC# 2879-18 Page 3 of 3 F ii. x, 7irF r+' s Rtr s V t. Ta E F EZONING V 14 ,4 i 1 E,% 3, 4, r V ,, tI c,1II e I4 r( 2q0'' ii '41. ,'#E iiVia, , k. I*e* 1.kt" Z i U fr 3. U'' S 1. rro,i7i A _.::;e:7.:: 7 ' . , 100: s'' ' s:,-. 1 ; 4L5$5111 ' ,..• ''t',$•• . ' .. ' 1 t VII i ,I T i'do. OA,i,..,4.v 1,,,- 4 .IIS Rea'. 7^.; L 3 fit' TUTT tam F T YY P' r 1' t E. Y tri_ , rrr. ? t r- - r r c .- - Pell .I GETOWNSHIP 1 1 inch = 100_feet t">> r‘i 4 IA j o t. 4r. u ..' I i' ' W-' E r 1111 tea, LI L....,' LI L f ; 4 b 4 GB N 4 Ih I MU 111 A TUTT F' - 1 MU I t it 1! LI Rezoning from: SOUTH BEND LI LIGHT INDUSTRIAL DISTRICT TO CITY OF SOUTH BEND MU MIXED USE DISTRICT N MASTER ZONING KEY 1- rv1/4. SOUTH BEND "MU" MIXED USE DISTRICT s SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT 1 inch = 100 feet SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2879'18 SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT onostans— © Buetpui 2 Z 1.219EEIREEEIERI11.1111 WAS. ate w u____ r w , R IZ SLSN IVg N | F.,7; APIP' r- k j2 j i i r 4 .s1.111.1 f iv4,_ ; 4,,.. . .IP'V i i ` 1 i iiIIy? I¢ i l " 2 ; ƒ« 21 5p 2 wi` ._ d E1 - l Aar.! n| I 9| ( . e | |1 1 » mr | 1 . ; : : : }= tl i I § nn a v iof f lft 1I' iI11AECEIVED OCT 1v ?.O1i 1,i ; 4„ --,, AREA PLAN COMMISSION Southeast Organized Area Residents, Inc. 1412 South Carroll Street South Bend, Indiana 46613 October 14,2018 To the Area Plan Commission: I am writing on behalf of the Southeast Organized Area Residents,Inc. (SOAR) regarding the public hearing on item B under Zoning Appeals at tomorrow's meeting of the Area Plan Commission. It is to rezone 121 E.Tutt Street from Light Industrial District to Mixed Use District.We support this rezoning. The purpose of the rezoning is to provide space for the Weather Amnesty facility this winter. We believe such a facility is important to our community and should be established. We were concerned that such a facility might be established in an area along Michigan Street close to the corner of Broadway Street. We raised this concern and were asked to work with the city to help find a better place for weather amnesty. When this site was proposed,we were very pleased. We believe this site will meet the needs of the city and those serving the homeless community while also being a place where the homeless are close to various services they may need while also being outside the residential area where our families live. We ask the Commission to vote favorably to make this zoning change. Thank you. Sincerely, Conrad Damian, President Southeast Organized Area Residents, Inc Angela Smith From: oliver6thdist@aol.com Sent: Tuesday, October 16,2018 2:18 PM To: Angela Smith Subject:Fwd:Area Plan Commission Hearing Regarding Winter Amnesty Program Sent from AOL Mobile Mail Get the new AOL app:mail.mobile.aol.com On Tuesday, October 16,2018,Jean Crumlish<jcrumlish@mossbergco.com>wrote: Dear Ms. McBride, Mr.Scott and Mr. Davis, Mossberg has supported Hope Ministries for many years,and respect their mission to serve our community. This winter it is recommend that 206 Tutt Street be utilized for the 2018-2019 Winter Amnesty Project,facilitated by Hope Ministries. Using this property would require temporary rezoning from LI Light Industrial to MU Mixed Use. As an eastern neighbor to the property our concerns of safety,and permanent mixed use status have been minimized by your assurances yesterday to David Ziker and Rami Sadek. Based on the integrity of the Council,we understand and expect that this is a one-time event, and in April 2019 the property will return to LI Light Industrial Zoning status. Our commitment of support to this 2018-2019 Winter Amnesty Project is based on these promises. We believe Light Industry is the best use for the property, and welcome additional manufacturing along Tutt Street. Thank you for your consideration. C E fi V E DrfiE OCT 1UZ018 Jean Crumlish AREA PLAN COMMISSION Jean Crumlish I Director of Administration Mossberg &Company Inc. I Corporate Office 1301 East Sample Street. South Bend, IN 46601 Tel: 574 289-9253 Ext 356 Fax: 574 289 6622 800 428 3340 :_ _•.::, 1 LAWRENCE P. MAGLIOZZI LXLCIILIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD,., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (57+) 235-9571 October 17, 2018 Filed in Clerk's Office Honorable South Bend Common Council 4th Floor, County-City Building OCT 1 8 2018SouthBend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN RE: Bill#53-18 Rezoning: APC#2879-18— 121 E. Tutt Street Dear Council Members: The Area Plan Commission held a public hearing on October 16,2018 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, October 22,2018. Ordinance& Petition Amendments: The where no changes to the ordinance. Public Hearing Summary: There was one person who spoke in favor of the petition. She said it was an agreeable location for the weather amnesty program,being of sufficient distance from residential uses.There were three people who spoke in opposition to the petition. Remonstrators spoke their concerns over safety in the area and if the use would draw more homeless individuals to the area. If you have any further questions, please feel free to contact me at(574)235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N O sO T8- O 1316 COUNTY-CITY BUILDING IU C PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W PEACE FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAY BOARD OF PUBLIC WORKS Filed in Clergy's Office April 24, 2018 OCT 0 12016 ! Joseph Weatherly KAREEMAH FOWLER 420 W. Madison Street CITY CLERK, SOUTH BEND, IN South Bend, IN 46601 RE: Alley Vacation — Ally from West or South Right-of-Way of Madison St. to Northwest/Southeast Alley between North Taylor St and North William St. (Preliminary Review) Dear Mr. Weatherly: The Board of Public Works, at its April 24, 2018, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment Department, Fire Department and the Solid Waste Division. The vacation request was found to meet the criteria of IC 36-7-3-13 regarding alley vacations. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lin a . Martin, Clerk c:Federico Rodriguez, Fire Department Donna Hanson,Engineering Bianca Tirado, City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DoRAU BILL NO. 54-18 Filed in Cleric's Office BILL NO. 54-18 OCT 02 2018 ORDINANCE NO. KAREEMiAf1 FUVS/LER CITY CLERK,SOUTH SEND, IN AN ORDINANCE TO VACATE THE FOLLOWING DESC -IREIIPI tTPETtTY:°"'! " ALLEY 14' IN WIDTH RUNNING 132' FROM W OR S RIGHT OF WAY OF W. MADISON STREET TO NW/SE ALLEY RUNNING BETWEEN N TAYLOR AND N. WILLIAMS STREETS. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: Alley 14' in width running 132' from W or S right of way of W. Madison Street to NW/SE alley running between N Taylor and N. Williams Streets. hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including, but not limited to,the following: electric, telephone, gas, water, sewer, surface water control structures and ditches,within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: only two abutting properties in which I own are: 018-1019-0807, 018-1019-0800 other properties within the 150' radius are 018-1020-0824, 018-1019-0799, 018-1019-0798, 018- 1019-0812, 018-1019-0797, 018-1019-0829, 018-1019-0806, 018-1019-0808, 018-1019-0802, 018- 1019-0803, 018-1019-0814, 018-1019-0804, 018-1019-0805, 018-1019-081302, 018-1019-0809, 018-1020-082901, 018-1019-0811, 018-1020-082401, 018-1020-0825, 018-1020-0826, 018-1020- 0827, 018-1019-0810, 018-1019-081303, 018-1019-079702 Section IV. The purpose of the vacation of the real property is to have a larger yard. To have the rights of the alley property that divides my ownership of 418 W. Madison St and 420 W. Madison St. And to use the alley as a possible drive way to a future garage I'm hoping for. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 20 at o'clock m. Peter Buttigieg, Mayor City of South Bend, Indiana i UT U f d W PEACE a 1=ile i (;9 r1;'S OliicQ y r a F_.._._ ._....,.._.._.....__ A 1$65 x OCT a 12016 SOUTH BEND COMMON COUNCIL KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: flley' ly ,`n w;J 4 f nn;n ' .3 ,z , f'rovyl V1/ ors' r•;9 1' n L,iay of V,/, AcJ:tonSfreef +v NWISE alley ry:ini u &e4Xen V, 'T m y t o r o,r d N. v //;a,t l' S f r2 e S. 2. THE STREET DESCRIBED AS: Abutting Property Owner(s)Signatures: Name(print): Signature Address Lot Number I/za H/.mAj"So^X TJo.5Cp C We'A4e/' y' w"l(- 50114 Be,J7N5'66o1 018-1019-0807 1. 8, Myv'to"S T joselA C 1'egkker1y 3enJ:TNYa01 0I9-101 y -OYC)U b r 2. A ISee / 7 cG z ot-de.,- , b PrvyreSf 3. 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBend[N.gov JENNIFER M.COFFMAN BLANCA L.TIRADO JOSEPH R.MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS Filed in Clerk's Office I D 12018LT MAH:F LE R CITY IN ) IN THE ST.JOSEPH CIRCUIT COURT SS: COUNTY OF ST.JOSEPH ) CAUSE NO. 71 C01-1307-TP-000362 IN RE:THE 2018 ST.JOSEPH COUNTY )FILED TREASURER'S TAX SALE September 4, 2018 JOSEPH C.WEATHERLY, ST. JOSEPH CIRCUIT& SUPERIOR COURT JB Petitioner. TAX SALE CERTIFICATE NO.711700629 ) ORDER DIRECTING THE AUDITOR OF ST.JOSEPH COUNTY,INDIANA TO ISSUE TAX DEED Comes now the Court on the Verified Petition filed by Petitioner,Joseph C.Weatherly,pro se,for an Order directing the Auditor of St.Joseph County,Indiana to issue a tax deed to the following described real estate: to-wit: Situate in St.Joseph County,Indiana: W 1-2 Lot 18Henricks&Grants Known Commonly as:418 Madison Street,South Bend,Indiana 46601 Tax ID Number:018-1019-0800 and Petitioner,having tendered Proof of Notice to all interested parties and no person appearing in person or by counsel in opposition and no written objection to said Petition having been filed,and said Petition being in good and proper order,upon its review the Court now finds as follows: 1. That the time of redemption has expired; 2. That the real property has not been redeemed from the sale; 3. That all taxes and special assessments,penalties and costs have been paid; 4. That all notices required as a matter of law have been given; 5. That the Petitioner has complied with all of the provisions of law entitling him to a deed; IT IS THEREFORE,ORDERED,ADJUDGED AND DECREED that the Auditor of St.Joseph County,Indiana shall issue a tax deed to Joseph C.Weatherly conveying the above described real estate. IT IS FURTHER ORDERED that the Petitioner shall file this Order Directing Auditor to Issue Tax Deed with the St.Joseph County Auditor's Office within thirty(30)days,together with the necessary Sales Disclosure Form;payment of the Tax Deed recording/transfer fees;and payment of any and all subsequent real estate property taxes. Petitioner's failure to comply with any of the foregoing shall make this Order null and void. SO ORDERED. EP H co , Signed the date flemarked hereon. SEAL Judge,St.Joseph Circuit Co DlAtd i 08-102 018-1020-0816 018-1 018-1020-082301 018-1024-0815 0.8.8w !018- -082#1_s_020 0830 1.0875 ME 018 1020-0825 J1F=1020-OS• d18-1020-0828 018-1019-08:30 118-102 0829 018-i0 -081303 Oi -1020-082901 J18-1019-0 30 018-1019-0811 ar O1F 101.9- 0 01 101 - 1 -1019 OS00 018-101.9-07 018-1019-0814 OV18 02i019-0797 01 -101.9-081 2 t 01F=1019-(!810 018-101• -0798 018-101.9-0790 0]8-101.9-08' 8 018=1019 Ol's-101.9-OFJ6 O1F=1019-0;05 018-1019-0791 d C 018-1 01s-1019-0804 018-1019-079220018-10 )803 v I j'01,S-1019 G 8 o e //018-1019-0796 018-1` -019-0795 0938 1019-077,5 1` -'. a019_n77 1 do 018 1019 0793 y,..•,t City of South Bend Ilk Q Dept. of Public Works Alley Vacation 150' Radius Map 227 W Jefferson Blvd. #1316 Joseph C. Weatherly South Bend, 66014IN Phone: (574) N 46601 Alley 14' in width running 132' from W or S right of way of W. 0 150' Buffer Madison Street to NW/SE alley running between N. Taylor Address List attached and N. William Streets. 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It reflects ideas of both the Common Council and City administration. Similar legislation from other municipalities within and outside Indiana was reviewed and considered.This ordinance has also been reviewed by Council's attorney Robert Palmer who made many helpful suggestions. Credit,too, must also be given to the Council's former attorney, Kathleen Cekanski Farrand, who reviewed numerous ordinances from other communities nationwide, and who developed the essential structure of this ordinance. Special events such as festivals,runs,parades,and street parties generate public enthusiasm and promote the City's cultural and economic prosperity. Simultaneously, they generate substantial cost in personnel, materials and other City resources. The attached bill allocates the cost of these events in a more equitable manner than previously by creating a three tier system for apportioning costs, and further, by classifying event applicants as non-profit and profit to determine how much direct cost a specific applicant should assume and pay. Tier III is an event expected to attract regional crowds;Tier II is an event expected to attract city-wide crowds; and Tier I is an event limited to a local neighborhood.Tier I events are usually block parties, and no costs beyond the application fee are imposed on Tier I events. Non-profit organizations are exempt from payment of costs in Tier II and Tier III events up to the sum of 1,400 while profit organizations are required to pay all costs. The average total cost to the City of a Tier II and Tier III event is estimated to be in the range of$1,400, most of which are personnel costs-- primarily of public safety officers. ELLIOT A.ANDERSON SANDRA KENNEDY THOMAS PANOWICZ ASHLEY MILLS COLBORN CLARA MC DANIELS DANIELLE WEISS BILL NO. 55-18 Council President Tim Scott October 3,2018 Page 2 Another change to the previous process is the creation of a Special Events Committee consisting of five members from the most affected City departments. This Committee is responsible for the decision to issue a special event permit. Implementation of a committee review process is expected to result in reasonably prompt and thorough decisions with greater convenience to applicants. This ordinance also provides for special events involving free expression protected by the First Amendment of the United States and Indiana constitutions. No fee is imposed for these events, but sponsors are required to submit an application to hold the event in the public right of way. Specific weapons and facial coverings are restricted for such events in light of recent national occurrences where law enforcement officers were placed at risk during such events. The restrictions in weapons and face coverings contained in this ordinance were taken from laws from other cities. The persons expected to participate in the presentation of this ordinance to the Common Council are Jitin Kain, Chief Scott Ruszkowski or his designee. I will be present for legal questions. Mayor Pete's chief of staff Ms. Laura O'Sullivan and/or deputy chief of staff Suzanna Fritzberg may also participate. Thank you for your assistance. We look forward to working with the Council in the adoption of this ordinance. Sincerely, Aladean DeRose,City Attorney c: Council member Karen White jitin Kain Laura O'Sullivan Suzanna Fritzberg Council Attorney Robert Palmer Corporation Counsel Stephanie Steele 2 Filed in Clerk's Office OCT 0 3 2018 Bill No. KAREEMAH FOWLER Ordinance No. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT With the number of special events held on public property growing each year, such as parades, runs, festivals, and street parties, South Bend has become a true destination venue. These events enhance the overall quality of life and the cultural and economic prosperity of our City, and are to be encouraged. The current information for special events as displayed on the City's website is entitled "Application & Forms-Public Works"and includes information for"Processions:Use for walks,runs,parades,motorcycle rides, or similar events." It refers to Board of Public Works Resolution No. 9-1985 approved on March 4, 1985,which has not been updated since then. Prior to this ordinance certain special events were handled by the Board of Public Works under the category of"block party."This category was defined as either residential or non-residential under Chapter 14,Article 11, Sections 14-93 through 14-95 of the South Bend Municipal Code.Nonresidential block parties included large festival events such as Art Beat, the former Ethnic Festival and similar large public gatherings and celebrations.These large events are referred to in this ordinance as either a"Civic Sponsored Special Event" or as a generic form of"Special Event." To reduce confusion, simplify, and better manage the licensing process for all events on public property, this ordinance repeals South Bend Municipal Code Chapter 14, Article 11,Sections 14-93 through 14-95 addressing block parties,and incorporates within this new Chapter 14, Article 14 the relevant provisions of the repealed Code Article 11 and its Sections regulating "block parties". The Common Council, in collaboration with the City Administration, have worked together to discuss the many details involved with special events held on public property, and especially the many required City services needed to make sure that each event is safe for all to enjoy.An assessment of the costs incurred by the City, in conjunction with goodwill developed, has also been carefully reviewed and discussed. If a proposed event is reasonably anticipated to take place at least in part on public property and is required to have substantial public services involved to deal with the impacts of an event, including but not limited to public safety and public works services, the City has a legitimate public interest in requiring the applicant to share relevant information, and when determined to be reasonably necessary, to help off-set some of burden of the required public services costs from the City's taxpayers. The following special event regulations are aimed at promoting the mutual benefits of the City of South Bend and event organizers. They set forth a process for permitting special events based on best practices effectively used in other communities.The City has a compelling need to coordinate timely the planning of each proposed special event in order to protect public health and safety, and to help reduce the potential impact of noise,congestion,pedestrian and traffic congestion,while guaranteeing the public's rights to free speech and assembly. It is believed that the following special event and parade regulations are in the best interests of the City of South Bend, Indiana. Special Event and Parade Regulations Ordinance Page 12 Now, Therefore,Be It Ordained by the Common Council of the City of South Bend,Indiana, as follows: Section I. Chapter 14 of the South Bend Municipal Code which is entitled "Specific Public Safety Regulations"is amended by the inclusion of new Article 14,which shall read in its entirety as follows: Article 14. Special Event on Public Property Regulations. Division I. Regulations of General Application. Sec. 14-130 Title. This Article shall be known as the "Special Event on Public Property Regulations". Sec. 14-131 Purposes.' a) It is recognized that special events on public property provide opportunities to enhance the City of South Bend and provide benefits to the citizens through the creation of unique venues for expression and entertainment, which may not routinely be provided as a part of governmental services. b) It is the purpose of this Article to establish fair and reasonable processes for permitting special events conducted by the private sector to use City streets, sidewalks, facilities and/or services. c) It is acknowledged that a coordinated process for the regulation is necessary in order to protect the public health, safety and welfare of the city,the patrons,participants, and attendees of special events, and to protect the rights and interests which are granted to special event permit holders. d) These regulations create a fair and reasonable cost recovery program. Being mindful of City taxpayer concerns, the anticipated costs related to the City providing substantial public services are calculated and shared equitably by the involved parties requesting to hold a special event. e) These regulations are further intended to protect the rights of citizens who wish to engage in constitutionally protected free speech expressive activities, based on the least restrictive and reasonable time,place and manner regulations of those activities. Sec. 14-132 Definitions. As used in this Article: Applicant"means the person or group sponsoring or organizing a special event who is required to apply for a Special Event Permit. Application fee"is a non-refundable amount charged by the City to help cover part of the administrative cost of processing the permit application through the City's internal review process.It is separate from any other charges and/or cost which may be required by City regulations. Block party"also referred to as "residential block party"means a public assembly sponsored solely by and limited to the actual residents of a block or blocks on a certain street. Indiana Code§36-1-3-2 provides in the Home Rule statute that units of government are granted"all the powers that they need for the effective operation of government as to local affairs".Indiana Code§36-1-4-11 authorizes the passage and enforcement of ordinances,with Indiana Code§ 36-1-6-1 et seq.setting forth further enforcement powers and duties. Special Event and Parade Regulations Ordinance Page 13 Board of Public Works"means the board referred to in Section 2-50 of the South Bend Municipal Code 2. Business day" means business hours during the City's routine work week. The City is open Monday through Friday. A"business day"excludes City holidays. City"means the City of South Bend, Indiana. Civic sponsored special event"means any official City of South Bend special event designated in Sec. 14- 142 of this Article. Committee"means the"Special Events Committee"as defined later in this Section. Cost recovery" means administrative and departmental costs that include fixed costs, direct costs and indirect costs projected to be incurred by the City in conjunction with an event being held. Cost recovery program" means a fair and reasonable process developed to capture some or all of the administrative and departmental costs incurred by the City in conjunction with a special event. Demonstration"means any public display, assembly, formation, or procession which for the purpose of expressive activity is: a) To assemble or travel in union on any street in a manner that does not comply with routine or normal traffic regulations or controls; or b) To gather on public property location. Demonstration Form" means the form required under Section 14-140 of this Article to hold a demonstration consisting of twenty-five(25)or more individuals. Electronic means" is the use of electronic or digital equipment to process, convey, store, or transmit information to or from the City pertaining to this Article, specifically, the application for a special event permit and related information. Event"means"Special event"as defined later in this Section. Event classifications'd are as follows: Tier I. Neighborhood—These events attract attendees within the neighborhood. Examples include block parties and neighborhood celebrations. Anticipated attendance for these events is 500 persons or fewer. Tier II. City—These events attract attendees from all parts of the City. Examples include small races, walks,marches,processions,and parades.Anticipated attendance for these events is 1,000 persons or fewer. Tier III. Regional—These events attract attendees from the region.Examples include concerts,large races, carnivals and fairs.Anticipated attendance for these events is over 1,000 persons. Z Indiana Code§36-4-9-5 authorizes the establishment of a board of public works. 3 Department of the Treasury Internal Revenue Service Publication 4221-NC identifies in the"Tax-Exempt Organization Reference Chart"the following by Code Section whose contributions are deductible:501(cx 1)Instrumentalities of the United States,501(cx3)Religious,Educational, Charitable,Literary,Testing for Public Safety,to Foster National or International Amateur Sports Competition,or Prevention of Cruelty to Children or Animal Organizations,501(cx8)Fraternal Beneficiary Societies,Orders or Associations,501(c)(10)Domestic Fraternal Societies, Orders or Associations,501(c)(13)Cemetery Companies,501(e)Cooperative Hospital Service Organizations,50l(k)Child Care Organizations, and 501(n)Charitable Risk Pools. Special Event and Parade Regulations Ordinance Page 14 Special event application forms correspond to the Tier number of the special event for which a permit is sought. Persons seeking special event permits will receive and shall complete an application form that corresponds to the Tier number by which their proposed special event is classified. Civic sponsored special event"means a special event sponsored by the City. Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event or parade. Expeditingfee"means an additional fee charged by the City when the applicant misses the filing deadline requirement and requests the Special Event Committee to act upon an application filed within a shorter period of time, causing an expediting of the internal review process required of City departments. Expressive activity"includes conduct,the sole or principal object of which is the expression,dissemination or communication by verbal,visual, literary or auditory means of opinion,views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.a Fixed Routes"i means those routes approved by the Board of Public Works for 5K and 10K races and similar events with an anticipated participation of 1,000 or fewer people which are held on one of the fixed routes established by the Board. Full costs"' include all direct costs and overhead costs incurred by the City for an approved event where City personnel and/or City equipment is required or deemed to be necessary. Governmental agency"means any agency or entity of the Federal Government, State of Indiana, or local government. Non-profit special event" means a special event which is sponsored by and whose special event net revenue (after reasonable costs of holding the event are deducted) will be payable to a corporation, partnership, enterprise, association or other cooperative organization having a purpose to further cultural, charitable, educational, scientific, religious, literary, amateur sports competition,hobbies, or other similar purposes recognized under Section 501(c) of the United States Internal Revenue Code and whose net revenue from the special event will be used solely for those purposes. Proof of tax exempt status by the U.S. Internal Revenue Service under Section 501(c) (3) (26 U.S.C. Section 501(c) (3)) shall qualify a sponsoring organization or entity for treatment as a non-profit Special Event under this Article. Parade"means an orderly procession of many persons,with or without vehicles and/or animals,through a public street for a special purpose or in celebration of an event, intended to attract spectators. Procession"means a group of persons or vehicles moving forward in a line or other orderly way especially as part of a ceremony, festival, or with a themed purpose. Expressive activity"is also commonly referred to as"First Amendment Activity".In Forsyth County,Georgia v.Nationalist Movement,505 U.S. 123(1992),the U.S.Supreme Court held that a government may impose a permit requirement on those wishing to hold a march,parade,or rally;however it cannot violate Free Speech guarantees of the First and Fourteenth Amendments by examining speech content and imposing a fee on such activity due to a potential public response to such expressive activity. 5 Board of Public Works Resolution No.9-1985 adopted on March 4,1985 established five(5)fixed routes. 6 Special Events Program:an Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of Portland,Oregon notes on page Al-15 that'charges for services that benefit specific users should recover full costs,including all direct costs and overhead costs." Special Event and Parade Regulations Ordinance Page 15 Profit special event"means a special event which is sponsored by and whose net revenue from the special event is not payable to an entity or entities described in the definition for"non-profit Special Event"under this Article. Public property" means any street, public highway', sidewalk, public place', public way10, or watercourse". Sidewalk" means the part of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians12. Special event"means any temporary event planned to be held on public property and may include parades, processions, festivals, street fairs, and similar gatherings in non-residential streets, organized walks, runs, 5k, l Ok,marathons,bike runs,or similar events. A residential block party is a"special event"but is subject to distinct rules. Demonstrations as defined in this Article are treated separately from special events. Special event permit"means a permit issued under this Article. Special Event Committee" means the Committee having authority to receive, review, and process all requests for special events,and to make final recommendations for approval or denial of every special event application, as provided more specifically in Section 14.134 of this Article. Special Event Coordinator"means the designated person within the Department of Public Works whose duties include the processing of special event application forms, application fees and service charges; the receipt and processing of payments for special events that are not made electronically, the receipt and distribution of application forms and materials to Special Event Committee members, the preparation of Special Event Committee notices, record keeping pertaining to special events and any other task necessary to the efficient administration of the special event permit process. Street"means the entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel.The term includes an alley13. Special event venue"means that area for which a special event permit has been issued. Substantial public services" mean a material increase in the amount, scope, or level of necessary fire, police,traffic control, crowd control,or other public services above those that would be required normally without the event. With respect to police resources, substantial public services mean resources for crowd management or traffic control required for the event over and above the normal deployment of police in that geographic area of the City at the time of day during which the event is scheduled to occur. Tier number"See"Event classifications." See. 14-133 Special event permit required. a) Except as otherwise provided in this Article, for any person or organization to-conduct, manage, promote, organize, aid, or solicit attendance at a special event,the person or organization shall be required to obtain a special event permit from the City of South Bend's Special Event Committee. 7"Street"is defined in Indiana Code§9-13-2-73. 8"Public highway"is defined Indiana Code§9-13-2-142 and Indiana Code§9-25-24 includes parking lots. 9iPublic place"is defined in Indiana Code§36-9-1-4. 10"Public way"is defined in Indiana Code§36-9-1-7. Watercourse"is defined in Indiana Code§36-9-1-10 Z"Sidewalk"is defined in Indiana Code§9-13-2-167. Street"and"Alley"are defined in Indiana Code§9-13-2-175 Special Event and Parade Regulations Ordinance Page 16 b) The Special Event Committee is authorized to issue permits for special events proposed to occur on public property pursuant to the procedures established in this Article. The Special Event Committee is authorized to determine the special event venue, to establish reasonable boundaries, to determine public health, safety and welfare conditions, and to authorize the coordination of the issuance of a special event permit with other public agencies or departments including the Police Department, Fire Department, Department of Public Works, Bureau of Traffic and Lighting, and other entities. Each such governmental entity shall review the application submitted pursuant to Sec. 14-154 and send advisory recommendations to the Special Event Committee. Sec. 14-134 Special Event Committee. a) Establishment and purpose. There is established a Special Event Committee to receive and review all special event applications;to issue special event permits for such events,to determine appropriate terms and conditions for such permits;to set the applicable fee including any expediting fee for any special event; and generally to administer this Article. The Special Event Committee in consultation and coordination with appropriate City Departments,and other relevant organizations,shall further identify the nature and scope of City services necessary for special events in general and for any particular application. b) Specific powers. In addition to those powers included in subpart(a) of this Section,the Special Event Committee shall have the power: 1) to interpret and administer this Article; 2) to establish criteria for determining whether an event meets the definition of a special event; 3) to represent the City and its Department of Public Works in discussions and in making agreements with persons or organizations who apply for or who propose an event that may require a special event permit; 4) to require,review, and approve security and crowd control and any traffic control plans; 5) to accept as appropriate or applicable, a bond, escrow account or letter of credit from a financial institution in lieu of an advance deposit of a fee; to determine the appropriate insurance coverage with the City as a named insured for a special event; 6) to deny an application, and/or issue a permit with conditions, and/or revoke a permit; 7) to review periodically in consultation with Corporation Counsel or designee the fee schedule and any rules and policies for the issuance of special event permits in conformity with this Article,and to make recommendations for modification of fees to the City's Board of Public Works; 8) to adopt rules and or policies for its own procedures; 9) to do anything reasonably related or necessary to perform its specific tasks and to perform other functions that may be assigned by ordinance from time to time. c) Committee composition. The Special Event Committee shall be comprised of five(5) members. One (1) member shall be appointed by the Mayor; one member shall be the Director of Streets or that Director's designee as approved by the Public Works Director; one (1) member shall be the Director of Engineering or that Director's designee as approved by the Public Works Director; one (1) member shall be appointed by the City's Chief of Police and one (1) member shall be appointed by the City Fire Chief. Special Event and Parade Regulations Ordinance Page 17 Each member shall serve indefinitely unless he/she resigns, is replaced by a successor in office, or is replaced by the designated appointing party. d) Committee meeting to determine issuance or denial of special event permit; applicant presence required. The Special Event Committee shall meet regularly and as frequently as it determines appropriate to discuss and determine whether a special event permit shall be granted and issued. The applicant shall be given reasonable advance electronic notice of the meeting and shall attend the meeting to provide information and answer questions about the special event as the Committee deems appropriate.For persons who may submit applications over the counter, notice of the Committee meeting shall be given by U.S. mail. For purposes of Indiana's Open Door law (Ind. Code §5-14-1.5), a meeting of,the Special Event Committee is a public meeting. (e) Denial ofpermit or issuance ofpermit with conditions. 1) The Special Event Committee's decision to deny a special event permit shall be in writing with reasons stated for denial,and shall be communicated promptly to the applicant, either in person, by overnight delivery through a carrier that provides proof of delivery, or electronically. Electronic delivery shall also be accompanied by regular surface mail to be posted within 24 hours of electronic notice. 2) The Special Event Committee may deny a special event permit for any of the following reasons or for any other good cause: i) The applicant supplies false or misleading information; fails to complete the application or to provide other required documents. ii) The applicant willfully fails to comply with a requirement or Regulation of this Article. iii) The application is untimely. iv) The applicant or event sponsor previously engaged in conduct or activity which resulted in jeopardizing the public health, safety or welfare. v) The proposed event is proximate to another Special Event previously permitted or scheduled such that the City after making reasonable efforts to accommodate both events, is unable to reasonably accommodate both events. vi) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic so as to present an unreasonable risk of injury or damage to the public. 3) The Special Event Committee may issue a special event permit with conditions placed upon the event in the best interest of public health,safety, or for other reasonable cause. 4) If the Special Event Committee is unable to reach a determination of whether or not to issue a special event permit, it shall refer that application to the Board of Public Works for final determination,and the Board shall act as expeditiously as possible on the application. f) Review of the Special Event Committee's denial of permit or issuance of conditional permit. An applicant may request administrative review of a Special Event Committee's denial of a special event permit application or may appeal conditions placed by the Committee upon such permit. Review shall be made to the City's Board of Public Works.The request for review must be d delivered to the City Department of Public Works within three (3) business days from denial or issuance of the conditional permit. Hearing on the request for review shall be placed on the Board of Public Work's next Special Event and Parade Regulations Ordinance Page 18 soonest agenda. A request for review shall contain a short, plain, reasonably clear statement of why the Committee's decision should be reversed or amended.A request for review should be filed electronically. Sec. 14-135 Limited exception to Special Event Permit requirements. a) A special event permit is not required for: 1) Funeral processions 14; 2) Activities conducted by a governmental agency acting within the scope of its authority, 3) Lawful picketing on sidewalks15; 4) Demonstrations which do not involve the use of motor vehicles, animals, fireworks; or pyrotechnics provided that: i) No fee or donation is charged or required as a condition of participation in or attendance at such Demonstration; and ii) The Chief of Police of the South Bend Police Department,or his official designee, is notified at least seventy-two(72)hours in advance of the commencement of the Demonstration, as further addressed in Section 14-140; 5) Fireworks display involving the assembly of people gathered on public property for the primary purpose of watching such fireworks display; 6) Any parades, exhibitions, or meetings governed by the Board of Park Commissioners pursuant to South Bend Municipal Code §19-48 et seq. However, the special event application forms used by the Board of Park Commissioners shall be nearly identical in substance to the forms used by the Special Event Committee. 7) A civic sponsored event. However, such event shall comply with any and all other regulations in this Article or as prescribed by the Special Event Committee or the Board of Public Works.The organizers of such event shall provide notice of the event to the Special Event Committee within the deadlines required in this Article along with event plans, and shall meet with the Special Event Committee for recommendation as to public safety and logistics. Sec. 14-136 Filing deadline and fee for special event applications; waiver of strict flung deadline. a) No application for a Tier II or Tier III Special Event will be accepted if filed in less than 30 days of the date the special event is to take place, and no application for a Tier I(neighborhood) Special Event will be accepted if filed in less than fourteen(14) days before the special event is to take place. Nor shall any application for any Tier of special event be accepted if filed more than 180 days before the date the special event is to take place. In requesting special event permits, applicants are encouraged to file their application in advance of the required deadlines set forth below to best assure that their special event will not conflict with another special event. b) Fully completed applications for all Tier II and Tier III special events should be filed no less than 60 days before the special event is to take place. 14"Funeral processions"are governed by Indiana Code§9-21-13. is"Picketing"and"assembly"are addressed in Indiana Code§22-6-1-4. Special Event and Parade Regulations Ordinance Page 19 c) Fully completed applications for all Tier I(neighborhood/residential)special events should be filed no less than 45 days before the special event.is to take place. d) All Tier II and III special event applications shall be accompanied by a non-refundable filing fee of fifty dollars ($50.00). However, an event organizer of more than one substantially similar event being held on different dates within six months of the same calendar year,may file for such similar and recurring special events at one time with payment of one filing fee. Each special event within such multi-event application is subject to separate charges for cost recovery as provided in Division 11 of this Chapter. The filing fee adjustment of this Section applies only when one application is filed for more than one substantially similar and recurring special event.This multiple event filing fee adjustment does not prevent or waive assessment of an expediting fee for any one or more special event(s) within a multiple event application as to which a waiver of filing deadline is granted by the Special Event Committee and for which an expediting fee is applicable under subsequent Section 14-137. e) All Tier I special event applications shall be accompanied by a non-refundable filing fee of twenty- five dollars($25.00). The application fee may not be waived or modified by the Special Event Committee. f) In light of the City's policy to encourage the holding of special events and parades within the City limits, deadline requirements established in this Article should be strictly adhered to. The Special Event Committee or the Board of Public Works when reviewing a Special Event Committee decision may waive strict compliance with the deadline requirements but only when such waiver is based on a thorough assessment of the facts taking into account prior similar cases, and when it is consistent with the responsibility of protecting the health, safety and welfare of the City. No waiver shall be granted for any Tier II and III special event application filed in less than 30 days from the date the special event is to take place, and no waiver shall be granted for any Tier I special event application filed less than 14 days before the special event is to take place. See. 14-137 Expediting fee required when filing deadlines are waived. In those limited circumstances where the Special Events Committee or the Board of Public Works waives strict compliance with the timing deadlines for filing an application for special event permit, the required non-refundable application fee shall be doubled in amount to help offset the expedited reviews required to be conducted by the Special Event Committee to assure the health, safety and welfare in a reduced period of time. An expediting fee will be required if a Tier II or III special event application is permitted to be filed between 59 and 30 days in advance of the event. An expediting fee will be required if a Tier I event application is permitted to be filed between 44 and 14 days before the event is to take place. Sec. 14-138 Filing of special event application or demonstration form by electronic means. a) The City shall maintain a reasonably prominent link on the City's website for filing and receiving application forms for a special event or for a Demonstration as required by Section 14-13 of this Article, and all persons requesting a special event permit or providing Notice of a Demonstration shall file and process all such requests by electronic means. b) Persons who verify that they do not have direct use of or access to electronic means of communication may file their applications in person or by mail in the office of the Clerk of the Board of Public Works. In the event of universal power outage, applications in person or by mail will be accepted. All persons are encouraged to use electronic means of filing and the Clerk of the Board of Public Works may reject for good cause a special event application or Demonstration Form not filed by electronic means. This shall not apply when in conflict with the accommodation requirements of the Americans with Disabilities Act(ADA) or similar law. Special Event and Parade Regulations Ordinance Page 110 Sec. 14-139 Requirements for use of city seal or name. a) Approval of a special event application shall not constitute the City of South Bend's endorsement of the special event, nor does it entitle the applicant or the event organizer to use the City of South Bend's seal or a facsimile thereof,or the City's flag, or its flag's graphic symbol as part of advertising,promotion, or holding of the special event. b) An Applicant or event organizer desiring to use the name of the City of South Bend, or its seal or facsimile,or the City's flag, or its flag's graphic symbol for the applicant or event organizer's special event must apply to the Board of Public Works for authorization of such use. Revenue sharing by the applicant or event organizer other than a City Department, Board, Commission or agency is required as a condition of such Board of Public Works approval of the right of use. c) Prior notice and proof of such notice from the City Clerk is required for an event organizer to use the City seal or facsimile thereof, or the City's flag, or its flag's graphic symbol.16 Sec. 14-140 Regulations addressing demonstrations—Demonstration Form. a) Any person organizing a demonstration where twenty-five or more persons are reasonably expected to participate shall complete and file a Demonstration Form with the Clerk to the Board of Public Works not less than seventy-two (72) hours in advance of the demonstration. Upon receipt of such completed Demonstration Form,the Clerk shall immediately send it to the Police Chief.There shall be no fees charged to the person providing information about the proposed demonstration for processing this form by the City. b) No person shall be required to obtain a separate special event permit for a demonstration unless such activity will likely result in the obstruction of City streets and/or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency. c) If a demonstration is held without a permit,the participating persons shall be required to disperse if the police determine that public safety is being jeopardized because of actual or threatened harm.In such cases,police must communicate the order directing the participating persons to disperse peacefully before taking action to cause such dispersal. d) Persons participating in or attending a demonstration shall not carry or have on their person tools or implements that could reasonably be used to cause bodily injury to self or to another. Such items specifically include but are not limited to the following:torches,bricks,knives,daggers,swords,machetes, ice picks, shields,nun chucks,helmets,golf clubs,wrist rockets,chains,baseball bats,axes or axe handles, frozen water bottles, aerosol sprays, containers filled with flammable or biohazard material, and sticks, pipes, or slabs of wood which could be used as a weapon. Reasonably sized sticks or pipes used solely to raise and hold flags, signs, or banners are permissible if used for that purpose 1) Public safety officers shall have discretion to determine upon reasonable belief or inference whether other items not specifically listed herein constitute a weapon. 2) Any tool, implement or similar item constituting a weapon in the reasonable opinion of a public safety officer may be confiscated by that officer in the interest of public safety. ie Indiana Code§36-4-10-4 designates the City Clerk as the keeper of the City Seal. Special Event and Parade Regulations Ordinance Page ail 3) This weapon prohibition shall apply to any place within a 500 foot radius of the area where the demonstration is taking place,that is,the point or points where the spectators attending the demonstration has/have visibly ended. e) It is further prohibited for persons to participate in or attend a demonstration while wearing any mask, device, or hood by which any portion of the face is so hidden or covered as to conceal the identity of the wearer except for children under age 13 or workers wearing masks for safety reasons. Sec. 14-141 Board of Public Works to maintain special event and parade instructions,application forms, event checklist, event cost estimator,event evaluation, contact information and other data on City website. a) The City's Board of Public Works shall maintain and post on a designated City Website all Application Forms, List of Required Non-Application Fees, Costs, Recovery Schedules, Event Cost Estimator form and instructions, City Contact Information, Board approved Fixed Route Maps, Affidavit Forms in Support of Waiver or Modification of Insurance Requirements, Instructions,brochures,planning guides, and other data promoting education and public transparency. b) The Board of Public Works shall also maintain and regularly update on said website additional information which includes but is not limited to the following: 1) Citizen Access Portal which includes instructions,brochures,checklist, application forms, affidavits,waiver request forms, and related information; 2) Master Calendar listing current and upcoming Special Events,Parades and Demonstrations approved by the Board by date,name,access to more detailed information; 3) Links to relevant agencies and organizations; 4) Special Event Permit Process and Regulations summarizing permit fees, requirements addressing street/area closures, security, food and alcohol; health and medical, fire prevention, clean-up,barricades and cones,cost recovery,and related information. 5) Fixed Route Maps established by the Board of Public Works. c) The Board of Public Works is authorized to maintain additional avenues of communication to disseminate information addressing alerts which may impact a special event and/or parade,maps,upcoming civic sponsored events, and demonstrations. Sec. 14-142 Designation of Civic Sponsored Special Events. a) Each year, the following events shall be designated as civic sponsored special events under this Article: 1) Martin Luther King Walk 2) St. Patrick's Day Parade 3) Memorial Day Parade 4) Best Week Ever including(or separately)Kids Triathlon and Urban Adventure 5) Downtown for the Holidays Tree Lighting and Parade Special Event and Parade Regulations Ordinance Page 112 b) Civic sponsored special events along with First Fridays and Art Beat sponsored by Downtown South Bend (DTSB) shall be given preference on date selection each year by the Board of Public Works. The list of civic sponsored special events listed in subpart(a) of this Section may be supplemented by the Board of Public Works from time to time as deemed appropriate. c) Each civic sponsored special event shall comply with all applicable regulations of this Article, except for the payment of any fees or cost recovery charges. Sec. 14-143 Reserved for Future Use. Division II. Cost Recovery Program for Special Events. Sec. 14-144 Purposes. a) Identification and coordination with all City departments and other City governmental entities to assure that the public health, safety and welfare are protected, are critical components to the City's hosting of vibrant events in many public venues. b) The nature and scope of such governmental services must be assessed and reviewed through internal reviews of assigned City department personnel, in order to carry out such responsibilities. Often, this assessment results in substantial public services required to be provided.Each affected City department is required to recommend the level of each type of public service needed to be assigned for an event upon receipt of a copy of an application for a special event from the Special Event Coordinator to the Special Event Committee. That Committee shall review each such advisory recommendation and make the final determination of the level of necessary public services required, which shall be subject to the cost sharing provisions set forth in this Division. See. 14-145 Cost Recovery Program Established. a) In order to systematically and objectively address the purposes set forth in this Article, a Cost Recovery Program is established for certain special events proposed to be scheduled in the City. b) Recognizing the variety in types proposed events,the variety of applicants and/or event organizers, and the varying level of required governmental services which may be required to protect the public health, safety and welfare, a cost sharing program is determined to be the most fair and equitable method to properly balance having such events held in the City with the required costs of providing needed City governmental services." Sec. 14-146 Costs, Fees, Charges Associated with Special Events -Posting on Website Required; Deposit of Police Cost Recovery Monies into Fund#220. a) Full costs for all direct costs and overhead costs incurred by the City for City personnel and the use of City equipment shall be based upon the following most current documents: 1) Board of Public Works Resolution approving a Schedule for Material Rental governing such items as barricades,barriers, fencing,traffic cones, concrete barrier, etc.; and Special Events Program:An Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of Portland,Oregon is on file with the Office of the City Clerk.It contains a summary of charts comparing various types of cost recovery of city services programs in effect in approximately twenty cities throughout the USA.U.S.Department of Transportation's Planned Special Events: Cost Management and Cost Recovery Primer was consulted which studied policies and procedures in Baltimore,Boston,Ithaca,Los Angeles, New York,Philadelphia,Phoenix,Seattle,and Washington,D.C.and focused on"Cost Recovery Best Practices". Special Event and Parade Regulations Ordinance Page 113 2) Board of Public Works Resolution approving Schedule for Equipment Rental governing such items as bleachers,platforms, scaffolding,grandstands, stage, etc.; and 3) Common Council Ordinances fixing wages, salaries, overtime rates and holiday pay; minimum hours of assignment requirements; etc.; and 4) Board of Public Safety Resolution approving the minimum staffing time increments for public safety personnel, if any, and the per hour costs for providing equipment, by type, from the South Bend Police Department and the South Bend Fire Department. Schedules of the above shall be posted by the Clerk to the Board of Public Works and updated on a reasonably regular basis so that accurate information is on-line. b) All monies collected for public safety services provided by sworn members of the South Bend Police Department shall be deposited into Fund#220,Law Enforcement Continuing Education Fund. Sec. 14-147 Cost Sharing Provisions Governing Special Events. a) Cost sharing for a special event shall be based on the following criteria: 1) The type of proposed event for purposes of public support.These categories are:(a)a"civic sponsored event" under Sections 14-132 and 14-140; (b) a profit special event; or (c) a non-profit special event,both latter terms as defined in Section 14-132 of this Article; and 2) The type of event classification,that is,Tier I,Tier H, or Tier III as defined in Section 14- 132 of this Article. b) The cost recovery charge is separate and distinct from the non-refundable application fee and any expediting fee required for a special event under Sections 14-136 and 14-137 of this Chapter. Sec. 14-148 Cost recovery charges. a) The City will absorb a portion of the costs and expenses incurred by the City directly related to a Non-profit special event" as defined in Section 14-132 up to the sum of One Thousand Four Hundred Dollars($1,400).All expenses over and above$1,400.00 must be reimbursed to the City by the non-profit organizer or sponsor of the event. b) An organization sponsoring a "Profit special event" as defined in Section 14-132 shall be responsible to the City for payment of all costs and expenses incurred by the City relating to that special event. c) A Tier I special event is exempt from cost recovery charges due to the minimal City services required for such special events. The City will absorb a sum up to One Thousand Four Hundred Dollars 1,400) of the costs and expenses incurred by the City directly related to a block party. d) The City will absorb all costs and expenses related to any civic sponsored special event as identified or described in this Chapter, or as supplemented by the Board of Public Works,whether or not the City is the sponsor or organizer. e) Those expenses constituting labor costs which may include labor and services performed by the South Bend Police Department,the South Bend Fire Department,or the South Bend Department of Public Works shall be reimbursed to the City at the rate of Forty Dollars ($40.00)per person per hour. Special Event and Parade Regulations Ordinance Page 114 f) Those expenses constituting material costs shall be reimbursed to the City at their reasonable.retail value. g) Recurring Event Discount: In the event that a proposed special event is a validated recurring event in the City, a ten percent(10%)discount shall be given by the City for reimbursement of Tier II or Tier III government services provided. h) Cost Recovery Invoice:The City will provide the applicant or event organizer with a Cost Recovery Invoice detailing any and all costs and charges, which are over and above the non-refundable application fee, a minimum of thirty (30) days in advance of the event. Payment in full of such costs and charges is required no less than four(4) days in advance of the event. i) Additional Charges/Costs: The City shall have the right to assess additional costs for litter and refuse collection to the extent that the applicant or event organizer fails to meet the obligations set forth in its clean-up plan, as well as bill for additional charges set forth in an itemized billing of any verifiable damages or loss caused to City material, equipment or property known by the City to have been caused during the event. 0) Refunds:In the event that it is determined by the City that the applicant or event organizer overpaid for Cost Recovery, the City shall refund money based on information from the City Controller or his/her designee within thirty(30)days of knowledge by the City of an applicant's overpayment. k) Postponement or Cancellation: An applicant or event organizer is responsible for notifying the Clerk to the Board of Public Works immediately upon the postponement or cancellation of an event. The applicant or event organizer shall be charged for any City services provided in advance of the event up through the time of notification. Sec. 14-149 through Sec. 14-153 Reserved for Future Use. Division III. Special Event Application and Regulations. Sec. 14-154 Special event permit application form requirements-non-refundable application fee. Application and Required Attachments: Unless otherwise provided by this Article, a special event permit application requires the following information: a) Name, address,telephone number and email of applicant; and b) Certification that the applicant will be financially responsible for any City fees and/or costs which may be imposed pursuant to this Article; and c) Name, address,telephone number and email of the event organizer, if any; and d) If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a document from such organization which: 1) Authorizes that the applicant may apply for the special event permit on its behalf, and 2) Certifies that the applicant or event organizer will be financially responsible for any fees and/or costs which may be imposed pursuant to this Article; and Special Event and Parade Regulations Ordinance Page 115 e) Classification of special event: 1) Civic sponsored special event 2) Non-profit special event 3) Profit special event An applicant who designates itself under the non-profit classification is required to provide a copy of the IRS ruling or determination letter certifying its qualification as a non-profit or charitable organization under Section 501 of the Internal Revenue Code. If the non-profit organization has not received IRS approval or certification of tax exempt status,it must furnish satisfactory proof of its qualification as a non-profit entity. If the applicant applied for but was denied tax exempt status by the IRS, it must provide proof of denial, and the Committee or Board may disqualify the event under the non-profit classification. f) Name of the official charity partner, if any, of the event; and g) Statement of Purpose of the proposed special event; and h) Statement of any fees to be charged for the special event; and i) Number of sponsors at each level of partnered sponsorship, if any, of the event; and whether the event has different categories of activities, and the number of anticipated participants in each category; and j) Approximate number of persons attending the special event, including but not limited to vendors, attendees, and participants; and k) Proposed date(s)and times of the proposed special event; and 1) Approximate times when assembly for,and disbanding of,the proposed special event is to take place; and m) Proposed geographic location which identifies locations and duration of any proposed event closures, including route and traffic plan and map detailing the starting point and termination point; whether any TRANSPO bus route changes will be needed and confirmation of TRANSPO's tentative approval; notification process to be used to give notice to residents, business owners, motorists of the streets and/or sidewalks which will be temporally closed; and n) Proposed Site Plan, including the location of structures, compliance with ADA regulations,18 electrical [including description of any sound systems or other electrical devices to be used], sanitation, and plumbing; and o) Proposed plan for bicycle parking and whether alternative transportation arrangements exit which address an emission reduction plan; and p) Location(s), if applicable, of provisions for consumption of food and/or alcoholic beverages; and is ADA Standards for Accessible Design and ADA Title Two Technical Assistance Manual address regulations addressing ADA standards for accessible areas,entrances,paths of travel,parking and transportation,restroom,tables and concessions,seating,signage and publicity and communication. Special Event and Parade Regulations Ordinance Page 116 q) Location, size, and description of any signs, banners, or similar advertising or promotion materials to be used on site; and r) Location and duration of any entertainment which will be provided or present,including a list of entertainers,bands or performers; and s) Proposed emergency safety plan, including but not limited to the number of Indiana Law Enforcement Academy(ILEA)19 certified officers,fire,and emergency medical personnel, noting the need to use any of the City's public services and/or private resources; proposed internal communications systems and public-address systems; and t) Lost and Found plans including a description of the usage of signage, announcements on public address systems or pre-event handouts, u) Proposed traffic management plan,including but not limited to provisions of personnel and location of proposed loading areas,barricades, secured areas, and parking areas; and v) Proposed sanitation plan, including but not limited to the provisions of toilets and wash stations,including the number of those compliant with the ADA; w) Proposed clean-up plan to recycle, to remove waste, trash and litter, including but not limited to the need to use of City's public services and/or private resources; and x) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm, dangerously high or low temperatures, and the alert system proposed for those participating; and y) Mitigation of Impact plans which provide community and public notice of potential impact of proposed event. z) Additional Requirements:At the time of filing a completed application,the applicant shall file: 1) Certificate of Insurance confirming the existence of a liability policy of not less than$700,000 per occurrence and$1,000,000 aggregate,which specifically names the City of South Bend, Indiana, as an additionally named insured for the event, unless specifically waived in whole or in part by the Board of Public Works; and 2) Indemnification Agreement: The applicant for a special event permit and if there is an event organizer, must further agree to jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of a permit under this Division or the conduct of the special event or its participants; and 3) Proof of confirmation of any additional licenses,permits and documentation from other agencies which are required for the event; and 4) Affidavit of Applicant:The applicant must certify on a form provided by the City, by affirmation, that information provided in the application and additional 19 The Indiana Law Enforcement Academy in Plainfield,Indiana,is"Indiana's center for law enforcement education.The Academy prepares law enforcement professionals for service through rigorous training based upon values and respect". Special Event and Parade Regulations Ordinance Page 117 documentation is true and correct; and that the applicant agrees to comply with all applicable local,state and federal regulations; and 5) Public Disclosure Information:The City recognizes that the public has a legitimate interest in being informed about special events,particularly as they directly relate to potential impacts on areas surrounding such events. Accordingly, the information provided by the applicant addressing the following shall be subject to public disclosure: 1) Event Title 11) Event Summary iii) Name and Contact Information for Event Organizer iv) Event Website Address v) Dates and Times of the Event vi) Location of the Event vii) Projected Attendance/Participants viii) Participation/Attendance Fee(s) ix) Additional Public Contacts x) Community Outreach Efforts xi) Fees, costs, and charges incurred 6) Non-refundable application fee of Fifty Dollars($50.00)made payable to the City. Sec. 14-155 Special event permit application review criteria.20 a) Application Review:Applications filed with the Special Events Coordinator shall be referred to the South Bend Police Department, the South Bend Fire Department, and the Department of Public Works' Division of Transportation], and when applicable to the Board of Park Commissioners, for review and advisory recommendations back to the Special Event Committee. Upon receipt of all internal reviews,the Special Event Committee shall determine whether a special event permit should be issued based on the following criteria: 1) Whether the information contained in the application required by this Division is complete, whether it is incomplete and has not been addressed after being advised by the City, or contains misleading or false information; 2) Whether there is adequate traffic management based on the time, place, or size of the proposed special event, including its impact on areas contiguous to the proposed special 20"Planning and Managing Security for Major Special Events:Best Practices for Law Enforcement Administrators"published March 2016 in the Police Chief Magazine was used in the preparation of this Section.This publication reviewed topics such as:guiding principles, planning/managing,threat-and risk assessment,business impact,radio communications,personnel and training,management during and after the event and post-event activities which was used in the drafting of these regulations. The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal Service and Building Maintenance,and Bureau of Sewers. Special Event and Parade Regulations Ordinance Page 118 event location, whether it will unreasonably interfere with the safe and expeditious movement of pedestrian and vehicular traffic, ingress or egress to or use of adjoining private property, or unreasonably disrupt the use of a street when it is usually subject to significant traffic congestion; 3) Whether there are sufficient crowd control measures, including accessibility for ingress/egress, and emergency access for public safety personnel; 4) Whether the proposed special event would present an unreasonable danger to the health or safety of participants or other members of the public, or cause damage to public or private property; 5) Whether the conduct at the proposed special event would require the assignment or deployment of sworn members of the Police Department resulting in a substantial public service being delivered by that Department and the anticipated costs for such deployment needed to protect public health and safety,persons and property; 6) Whether a permit has been granted for the same time and approximate location, or would unreasonably interfere with another parade or special event for which a permit has been issued; 7) Whether the proposed special event would substantially interfere with any construction or maintenance work schedule(s)along the proposed parade route; 8) Whether there is adequate health and/or medical services provided to address hydration and sanitation needs of those participating in the proposed special event; (9) Whether there is adequate recycling and waste collection services proposed to be provided; 10) Acknowledgement of any additional requirements addressing temporary signs,temporary structures,vacant structures, and applicable building and/or zoning requirements; 11) Whether the applicant has previously violated the provisions of a similar permit or has violated City ordinances, or any other regulations in connection with a previous special event in the City; 12) Whether the applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this Article; 13) Whether the proposed special event would have a substantial impact and/or be required to use substantial public services, which in such case, a cost sharing fee, calculated pursuant to Division II of this Article, shall be made a condition of the issuance of the special event permit; and 14) Any other conditions the Special Event Committee believes are necessary to protect the public health, safety and welfare of the City and its residents. b) From a consideration of the completed application and from such other information as may otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this Article,the Board of Public Works may authorize the issuance of a Special Event Permit to the applicant. Sec. 14-156 Special event permit-issuance, contents, display--nontransferable. Special Event and Parade Regulations Ordinance Page X19 a) The Special Event Committee shall take final action upon a completed application for a special event permit as soon as practicable. b) Final action on a completed special event permit application shall consist of one (1) of the following: 1) Authorization that a special event permit be issued in accordance with the terms of the completed application found to be in compliance with this Article; or 2) Authorization that a special event permit be issued in accordance with terms and conditions modified and agreed to between the Board of Public Works and the applicant; or 3) Denial of the special event permit application by the Special Event Committee with notice being given by the Committee to the applicant of provisions for review by the Board of Public Works as set forth in Section 14-134(f) of this Article. c) Each special event permit authorized to be issued by the Special Event Committee must contain the following information or conditions: 1) Date(s)and hours of the approved special event; 2) Geographic boundaries of the approved special event location; 3) Conditions or restrictions imposed; 4) Special event permit number; and 5) Other information the Board of Public Works deems appropriate for the conduct of the special event and the enforcement of this Article. d) A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the Board of Public Works applicable to the particular event and shall be exhibited upon demand of any City official. e) A special event permit is non-transferrable. Sec. 14-157 Notice of granting special event permit - responsibilities of Special Event Coordinator. Upon the Special Event Committee authorizing the issuance of a Special Event Permit, the Special Event Coordinator shall be required to see that: a) Notice of such approval is sent to the applicant and to all affected City Departments and to any other persons or entities involved with the implementation of the special event. b) Update the City's website by listing the date, name, access to more detailed information about the special event required by Section 14-136. Sec. 14-158 Date of special event not confirmed until permit issued. No date shall be considered confirmed until a special event permit is issued by the City. Sec. 14-159 Duties of applicant issued special event permit. Special Event and Parade Regulations Ordinance . Page 120 An applicant whose special event permit application was approved and is issued a special event permit by the City shall comply with the governing regulations in this Article and any additional conditions or restrictions imposed by the Board of Public Works. Sec. 14-160 through Sec. 14-161 Reserved for Future Use. Division IV.Parade(Tier II)Specific Regulations. Sec. 14-162 Special event permit required for parades (Tier II events). No person shall engage in or conduct a parade without first obtaining a special event permit issued as provided in the specific regulations set forth in this Division. a) Special event permit for parade—required information: 1) Name, address,telephone number and email of applicant; and 2) Name, address,telephone number and email of the event organizer, if any; and 3) Name, address, telephone number and email of the headquarters of the organization for which the parade is to be conducted; and 4) Type of event classification; and 5) Name of the official charity partner, if any, of the parade; and 6) Statement of purpose of the proposed parade; and 7) Statement of any fees to be charged to participate in the proposed parade; and 8) Number of sponsors, if any, of the proposed event; whether the parade has different categories of activities; the number of anticipated participants in each category; and the number of volunteers who will be assisting the applicant along the proposed parade route; and 9) Approximate number of persons who would witness the proposed parade along the route proposed; and 10) Date, time and estimated duration of the parade, including the time when registration is proposed to begin, the proposed time needed to organize before and disperse after the parade, and any possible alternative dates and times;and 11) Description of the route to be traveled, including the proposed starting point, the identification of and the directions to be followed on all streets,the termination point; and any areas proposed to be used to set up before and disperse after the parade; and 12) Map of the proposed route to be traveled clearly delineating all of the proposed affected streets, compass coordinates, and any anticipated street closures which may be needed; including the locations where traffic security officers will be necessary; and 13) Approximate times when assembly for, and disbanding of the proposed parade is to take place; and 14) Whether the proposed parade is new or a recurring event; and Special Event and Parade Regulations Ordinance Page 121 15) Approximate number and types of animals, vehicles, and floats which will constitute the parade; and 16) Description of any sound amplification equipment to be used in connection with the parade, if any; and(17) Lost and Found Plan including description of usage of signage, PA announcements, and/or pre-parade handouts; and 18) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm, dangerously high or low temperatures, and the alert system proposed for those participating; and 19) Proposed traffic management plan,including but not limited to provisions of personnel and location of proposed barricades and/or viewing stand bleachers which will be needed; 20) Proposed Clean-Up Plan to remove any and all waste, trash and litter resulting from the parade; and whether the City's public services and/or private resources are to be used; and 21) Mitigation of Impact Plan which provides community and public notice of the potential impact of the proposed parade on residents and businesses which may be affected by the proposed parade route; and 22) Certification that the applicant will be financially responsible for any City fees and/or costs which may be imposed pursuant to this Article. b) Additional Requirements: At the time of filing a completed application,the applicant shall file: 1) Certificate of Insurance confirnung the existence of a liability policy of not less than 700,000 per occurrence and $1,000,000 aggregate, which specifically names the City of South Bend, Indiana, as an additionally named insured for the event, unless specifically waived in whole or in part by the Board of Public Works; 2) Indemnification Agreement:The applicant for a special event permit and if there is an event organizer,must further agree to jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of a permit under this Division or the conduct of the special event or its participants; 3) Proof of confirmation of any additional licenses, permits and documentation from other agencies which are required for the event; and 4) Affidavit of applicant: The applicant must certify on a form provided by the City, by affirmation, that information provided in the application and additional documentation is true and correct; and- that the applicant agrees to comply with all applicable local, state and federal regulations; and 5) Public disclosure information: The City recognizes that the public has a legitimate interest in being informed about parades,particularly as they directly relate to potential impacts on areas surrounding such events. Accordingly, the information provided by the applicant addressing the following shall be subject to public disclosure: i) parade title ii) parade summary Special Event and Parade Regulations Ordinance Page 122 iii) name and contact information for parade organizer iv) parade website address v) dates and times of the proposed parade vi) location of the parade vii) projected attendance/participants viii) participation fee(s), if any ix) additional public contacts x) community outreach efforts xi) Fees, costs,and charges incurred 6) Non-refundable application fee of Fifty Dollars ($50.00)made payable to the City. Sec. 14-165 Special Event application for parades--review criteria u a) Application Review: Applications filed with the Special Event Coordinator shall be referred to the appropriate City Departments including but not limited to the South Bend Police Department, the South Bend Fire Department, and the Department of Public Works' Division of Transportation23, and when applicable to the Board of Park Commissioners, for review and advisory recommendations back to the Special Event Committee. Upon receipt of all internal reviews, the Special Event Committee shall determine whether a special event permit for a parade should be issued based on the following criteria: 1) Whether the information contained in the application required by this Division is complete, whether it is incomplete in any required item, or contains misleading or false information; 2) Whether there is adequate traffic management based on the time, place, or size of the proposed parade, including the assembly area(s) around route of the parade, will unreasonably interfere with the safe and expeditious movement of pedestrian and vehicular traffic,ingress or egress to or use of adjoining private property,or unreasonably disrupt the use of a street when it is usually subject to significant traffic congestion; 3) Whether there are sufficient parking places near the location of the parade to accommodate the number of vehicles reasonably expected; 4) Whether the proposed parade would present an unreasonable danger to the health or safety of the parade participants or other members of the public, or cause damage to public or private property; 5) Whether the conduct of the proposed parade will require the deployment of sworn members of the Police Department resulting in a substantial public service being delivered by that 22 Top 12 Things to Include in Parade Safety Plans-A Guide for Cities,Counties and Local Governments published by the National League of Cities is on file in the Office of the City Clerk and was used in the drafting of these regulations. 2s The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal Service and Building Maintenance,and Bureau of Sewers. Special Event and Parade Regulations Ordinance Page 123 Department and the anticipated costs for such deployment needed to protect public health and safety,persons and property; 6) Whether a permit has been granted for the same time and approximate location, or would unreasonably interfere with another parade or special event for which a permit has been issued; 7) Whether the proposed parade would substantially interfere with any construction or maintenance work schedule(s)along the proposed parade route; 8) Whether there is a need to address adequate health and/or medical services proposed to be provided to address hydration and sanitation needs of those participating in the parade; 9) Whether there is adequate recycling and waste collection services proposed to be provided; and 10) Whether the applicant has previously violated the provisions of a similar permit or has violated City ordinances, or any other regulations in connection with a previous parade in the City; and 11) Acknowledgement of any additional requirements addressing temporary signs and/or zoning requirements; 12) Whether the proposed parade will have a substantial impact and/or be required to use substantial public services, which in such case, a cost sharing fee calculated pursuant to Division II of this Article shall be made a condition of the issuance of the Parade Permit; and 13) Any other conditions the Special Event Committee believes are necessary to protect the public health, safety and welfare of the City, such as a proposed sanitation plan including but not limited to the provision of toilets and wash stations,an appropriate number of which are compliant with the Americans with Disabilities Act(ADA). b) From a consideration of the completed application and from such other information as may otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this Article, the Special Event Committee may authorize the issuance of a special event permit for a parade to the applicant. Sec. 14-166 Designated parade route. a) Except where the applicant for a special event permit for a parade demonstrates to the satisfaction of the Special Event Committee, upon consultation with the Police Department, the Fire Department, and the Department of Public Works, that there are factors requiring an exception, all parades shall confine themselves to and follow one(1) of the following designated street route(s): 1) Riverside Drive Route 2) Northside Boulevard Route 3) Rum Village Route 4) Rum Village Oval Route 5) Boehm/Tarkington Route Special Event and Parade Regulations Ordinance Page 124 Sec. 14-167 Parade permit-issuance,contents,display and nontransferable. a) The Special Event Committee shall take final action upon a completed application for a special event permit for a parade as soon as practicable. b) Final action on a completed special event permit application for a parade shall consist of one(1)of the following: 1) Authorization that a special event permit for a parade be issued in accordance with the terms of the completed application found to be in compliance with this Article; or 2) Authorization that a special event permit for a parade be issued in accordance with the terms and conditions modified and agreed to between Special Event Committee and the applicant; or 3) Denial of the special event permit for a parade application by the Special Event Committee with notice being given by the Committee to the applicant of provisions for review by the Board of Public Works as set forth in Section 14-134(f) of this Article. c) Each special event permit for a parade authorized to be issued to the applicant by the Special Event Committee must contain the following information or conditions when applicable: 1) Starting date,time and durations of the parade; 2) Minimum and maximum speeds for the parade; 3) Maximum interval of pace to be maintained between the units of the parade; 4) Portions of any public way, sidewalk or public area to be traversed,utilized, or occupied; 5) Maximum length of the parade in miles or fractions thereof; 6) Conditions or restrictions imposed; 7) Parade permit number; and 8) Other information the Board of Public Works deems appropriate for the conduct of the parade and the enforcement of this Article. d) A copy of the parade permit shall be exhibited upon demand of any City official. e) A parade permit is non-transferable. Sec. 14-168 Notice of granting special event permit for a parade; responsibilities of Special Event Coordinator Upon the Board of Public Works authorizing the issuance of a special event permit for a parade,the Special Event Coordinator shall be required to see that: a) Notice of such approval is sent to the applicant and to all affected City Departments and to any other persons or entities involved with the implementation of the parade. b) Update the City's website by listing the date,name, access to more detailed information about the parade required by Section 14-136. Sec.14-169 Date of parade not confirmed until permit issued. Special Event and Parade Regulations Ordinance Page 125 No date shall be considered confirmed until a Parade special event permit for a parade is issued by the City. Sec. 14-170 Cost.recovery for parades. If the Board of Public Works determines that cost recovery is required for a parade,the provisions of Section 14-146 through Section 14-148 shall apply as a condition of a parade permit being authorized by the Board of Public Works. Sec. 14-171 Duties of applicant issued parade permit. An applicant whose parade permit application was approved and has been issued a parade special event permit by the City shall comply with the governing regulations in this Article,and any additional conditions or restrictions imposed by the Board of Public Works. Sec. 14-172 through Sec.14-174 Reserved for Future Use. Division V. Enforcement and Penalties. Sec. 14-175 Violations; remedies. a) A violation of any provision of this Article shall be punishable as provided in South Bend Municipal Code Section 1-23. b) Additionally,whenever an event is conducted without a obtaining a permit required by this Article, the event organizer shall be responsible for,and the City shall charge the event organizer for,all City costs incurred as a result of the adverse impacts of the event on City services,and any damages to public property which may have been caused from such event being unlawfully held. c) Any person engaged in the selling or distributing of illegal, non-licensed, or unauthorized merchandise,regardless of whether said person has received a permit under this Article, shall be subject to the immediate impoundment of said merchandise.Any Indiana Law Enforcement Academy certified officer employed by the event sponsor for copyright and merchandising purposes shall be authorized to inspect the merchandise of licensed entities related to copyright infringement and trademark violation. Sec. 14-176 Police Department; other powers. Nothing in this Article shall act to limit or otherwise prohibit the Police Department from exercising its authority as provided in this South Bend Municipal Code or the Indiana Code. Sec. 14-177 through Sec. 14-179 Reserved for Future Use. Section H. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Special Event and Parade Regulations Ordinance Page 126 Section III. This ordinance hereby repeals as unnecessary Chapter 14, Article 11, Sections 14-93 through 14-95 inclusive of the South Bend Municipal Code, the relevant content of which has been incorporated into this new Chapter 14. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication with an effective date of January 1, 2019. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2018, at o'clock .m. Office of the City Clerk Approved and signed by me on the day of 2018,at o'clock_.m Mayor, City of South Bend, Indiana LAWRENCE P. MAGLIOZZI 1111111 111111 1111k Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 117 'A . JEFFERSON BLVD., ROOM 1140 L'()U , I1-GIFT BLIIIUING, SOLII'H BEND, INUTAV,\ 46601 (S74) ?359571 Filed in Clerk's Office August 8, 2018 Honorable Common Council AUG 0 8 2019 4th Floor, County-City Building KAREEMAH FOWLERSouthBend, IN 46601 CITY CLERK,SOUTH BE IN RE: A 61.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23 APC#2877-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 131h, 2018 Council meeting, and set it for public hearing at your October 8th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Si cc ely, Jord Wyatt Zonin Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D)ANA.C O M/A R E A P L A N SUBSTITUTE BILL NO. 34-18 ourri i4.o). d :Filed in Clerk's Office c P iA7% k.LodhlG 2018 1865 :'' KAHEEMA ` 3` WLER TY pLERK SOUTH BEND,IN CITY OF SOUTH BEND COVMU \ ITY I \VESTVE\T October 16, 2018 Tim Scott,President South Bend Common Council 4th Floor, County-City Building Re: Impact of Change in Requested Zoning on Blad Annexation Area Fiscal Plan Dear President Scott: At the October 8, 2018, meeting of the Common Council,the Council held Second Reading on Bill No. 34-18, which proposes to voluntarily annex and zone the Blad Annexation Area to the City of South Bend. Based on public comment at Second Reading,the petitioner amended its zoning request from GI General Industrial District, as originally filed,to LI Light Industrial District. At that October 8 meeting,the Council also adopted the fiscal plan for the Blad Annexation Area. Although the fiscal plan, on page 4, states that the petitioner seeks to rezone the land to GI General Industrial District, please note that the petitioner's amended zoning request to LI Light Industrial District would have no material impact on the policy concerning the provision of services as described in the adopted fiscal plan. If you have any questions, please feel free to contact me at 235-5843. Thank you. Sincerely, Michael P. Divita,AICP Planner EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building 1227 W.Jefferson Bvld.I South Bend,Indiana 46601 I p 574.235.93711 www.southbendin.gov Filed in Clerk's Office 2N0 SUBSTITUTE BILL NO. 34-18 OCT azo ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6,FOR A 61.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone a 61.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23 from A: Agricultural District in Unincorporated St. Joseph County to LI Light Industrial District in South Bend. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eighth(1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the East half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of the East half of the Northeast Quarter of said Section 21; thence South along the West line of said East half of the Northeast Quarter to the North line of Lot 1, Great Lakes Minor Subdivision; thence East along said North lot line, 555.45 feet to the Northeast corner of said Lot 1; thence North 570 feet, more or less along the existing City of South Bend City Limits; thence East 765 feet, more or less along said existing City Limits to the East line of the Northeast Quarter of Section 21; thence North along said East line and the existing City Limits, 1,700 feet, more or less; thence West parallel to the North line of the Northeast Quarter of said Section 21, 100 feet, more or less; thence North 100 feet,more or less to the North line of the Northeast Quarter and the existing City Limits; thence West along said North line and the existing City Limits to the place of beginning. Containing 62.30 Acres, more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of the East half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of the East half of the Northeast Quarter of said Section 21; thence South along the West line of said East half of the Northeast Quarter to the North line of Lot 1, Great Lakes Minor Subdivision; thence East along said North lot line, 555.45 feet to the Northeast corner of said Lot 1; thence North 570 feet, more or less along the existing City of South Bend City Limits; thence East 765 feet,more or less along said existing City Limits to the East line of the Northeast Quarter of Section 21; thence North along said East line and the existing City Limits, 1,700 feet, more or less; thence West parallel to the North line of the Northeast Quarter of said Section 21, 100 feet, more or less; thence North 100 feet,more or less to the North line of the Northeast Quarter and the existing City Limits; thence West along said North line and the existing City Limits to the place of beginning. Containing 62.30 Acres, more or less. be and the same is hereby established as LI Light Industrial District. SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana LAWRENCE P. MAGLIOZZI f F('11 TIVF 1)1RF I'T(IR Angela M. Smith Urpun 011-tor AREA PLAN CC)MMISSICDN OF ST. JOSEPH COUNTY, IN 227 W. JE FFI'.RSON BLVD., It OOM 1140 CO(INTY•CITY BIIILDI NG, SOUTH BEND, INDIANA 46601 (574)21S.9571 Wednesday, September 19, 2018 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Martin Blad Farms,Inc. to zone from A:Agricultural District(County)to GI General Industrial District(City), property located at a 61.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23, City of South Bend-APC#2877-18. Dear Council Members: I hereby Certify that the above referenced ordinance of Martin Blad Farms,Inc. was legally advertised on September 6, 2018 and that the Area Plan Commission at its public hearing on September 18,2018 took the following action: Upon a motion by John Lesezynski,being seconded by Jordan Richardson and unanimously carried,a proposed ordinance of Martin Blad Farms,Inc. to zone from A: Agricultural District to GI General Industrial District, property located at a 61.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.Rezoning the site to GI General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities,which will lielp meet multiple objectives outlined in City Plan and the Future Land Use Plan. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, 1 Lawrence P. Magliozzi Attachment CC: Martin Blad Farms, Inc. May Oberfell Lorber, Attn: Patricia E.Primmer, Esq. SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND W W W.S I C I N D I A N A.C 0 H 1)D L y LAWRENCE P. MAGLIOZZI C 1-S F IIII V1: 1)1R 1:C1 OR Angela M. Smith I I,p ,,1 1)1—,I o r AREA PLAN COMMISSION OE ST. JOSEPH COUNTY, IN 7 W. JEFFL•RSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S.9S71 September 19, 2018 Honorable South Bend Common Council 411 Floor, County-City Building South Bend, IN 46601 RE: Bill #34-18 Rezoning: APC#2877-18 —A 61.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23 Dear Council Members: The Area Plan Commission held a public hearing on September 18, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, October 8, 2018. Ordinance& Petition Amendments: The ordinance was changed with an updated legal description. Public Hearing Summary: There was no one to speak in favor of the petition. One person spoke in opposition to the petition citing potential negative effects on the water table, runoff, air quality and how that could damage crops,soil,wildlife and people. She also was concerned the demand didn't exist for industrial development. If you have any further questions, please feel free to contact me at (574)235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH .COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.STIO S E P FI C O U NTY I N D IAN A,CO M/AREA PLAN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 61.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone a 61 .75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23 from A: Agricultural District in Unincorporated St. Joseph County to GI General Industrial District in South Bend. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the East half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of the East half of the Northeast Quarter of said Section 21 ; thence South along the West line of said East half of the Northeast Quarter to the North line of Lot 1, Great Lakes Minor Subdivision; thence East along said North lot line, 555.45 feet to the Northeast corner of said Lot 1; thence North 570 feet, more or less along the existing City of South Bend City Limits; thence East 765 feet, more or less along said existing City Limits to the East line of the Northeast Quarter of Section 21; thence North along said East line and the existing City Limits, 1,700 feet, more or less; thence West parallel to the North line of the Northeast Quarter of said Section 21, 100 feet, more or less; thence North 100 feet, more or less to the North line of the Northeast Quarter and the existing City Limits; thence West along said North line and the existing City Limits to the place of beginning. Containing 62.30 Acres, more or less. SECTION ll. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St, Joseph County, State of Indiana: A part of the East half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of the East half of the Northeast Quarter of said Section 21; thence South along the West line of said East half of the Northeast Quarter to the North line of Lot 1, Great Lakes Minor Subdivision; thence East along said North lot line, 555.45 feet to the Northeast corner of said Lot 1; thence North 570 feet, more or less along the existing City of South Bend City Limits; thence East 765 feet, more or less along said existing City Limits to the East line of the Northeast Quarter of Section 21; thence North along said East line and the existing City Limits, 1,700 feet, more or less; thence West parallel to the North line of the Northeast Quarter of said Section 21, 100 feet, more or less; thence North 100 feet, more or less to the North line of the Northeast Quarter and the existing City Limits; thence West along said North line and the existing City Limits to the place of beginning. Containing 62.30 Acres, more or less. be and the same is hereby established as GI General Industrial District. SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock M. City Clerk Approved and signed by me on the day of 2 at o'clock M. Mayor, City of South Bend, Indiana r Staff Report 9/7/2018 APC# 2877-18 Owner: Martin Blad Farms, Inc. Location:A 61.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 9/18/2018 Requested Action: The petitioner is requesting a zone change from A: Agricultural District(St.Joseph County)to GI General Industrial District(South Bend). Land Uses and Zoning: On site: On site is tilled farmland. North: To the north is tilled farmland and the ethanol plant, zoned GI General Industrial (South Bend). East: To the east, across New Energy Drive,are businesses zoned LI Light Industrial District(South Bend). South: To the south is a business zoned C: Commercial District(St. Joseph County)and CB Community Business District(South Bend). West: To the west are parcels zoned A: Agricultural District(St. Joseph County), pending rezoning to GI General Industrial District(South Bend). District Uses and Development Standards: The G1 General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial /mixed use districts by less intense industrial districts. Site Plan Description: There is no proposed site plan for development at this time. Future development will need to adhere to development standards for the appropriate district. Zoning and Land Use History And Trends: The property to the southwest was rezoned to C: Commercial in 1998 and 2000 and the property to the southeast was rezoned to CB Community Business District and annexed into South Bend in 2016. Traffic and Transportation Considerations: New Energy Drive is two lanes. Utilities: The site will be served by municipal water and sewer. Agency Comments: APC # 2877-18 Page l of 2 Staff Report 9/7/2018 The Department of Community Investment offers a favorable recommendation. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 2.3: Create opportunities for manufacturing companies to locate in the community and Objective LU 7.2: Require the annexation of contiguous property being serviced with City Utilities, where legally feasible, to provide for future uses as identified in the Future LandJse Map. Land Use Plan: The Future Land Use Plan identifies this area for heavy industrial growth. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Parcels in this area have been developed for light and heavy industrial uses. 3. Most Desirable Use: The most desirable use for this property would be industrial uses. 4. Conservation of Property Values: Expanding industrial properties adjacent to industrial uses,and with proper screening and buffering, property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to develop large areas adjacent to major corridors for heavy industrial uses. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing,the staff recommends sending this petition to the Common Council with a favorable recommendation. Analysis: Rezoning the site to GI General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities, which will help meet multiple objectives outlined in City Plan and the Future Land Use Plan. APC # 2877-18 Page 2 of 2 PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT CjU of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: The nearest intersection is: State Road 23 and Renewable Energv Drive Filed in Clerk's Office South Bend, IN 2) The property Tax Key Number(s) is/are: Key No.: 017-1012-031001 AUG 0 8 2010 State ID: 71-08-21-200-004.000-025 KAREEMAH FOWLER CITY CLERK,SOUTH SEND,IN 3) Legal Description(s) Please note, if the public right-of-way adjacent to the parcel is not already within City limit, the legal description MUST include the right-of-way: "Track Land Beg on E Line E 112 NE 114 W of Maple Road and N State Road 23, Section 2137 2e Cont 61.31 Ac more or less 99-00 Split from 030901 & 031001 per Trans 4221 & 4220 5-20-98"(This legal description needs to be confirmed and, if needed, corrected.for annexation 4) Total Site Area(excluding right-of-way): 61.75 Acres more or less 5) Name and address of property owner(s)of the petition site: Martin Blad Farms, Inc. 58995 Mayflower Road South Bend, IN 46619 574) 234-7271 Jan Blad Hile: janhile@comcast.net;Brent Burkus: burkusba @hughes.net Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: 0 F I L E DN/A AUG 06 2010 AREA PLAN t Uix V iSSI i Application Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: A: Agricultural District(County) Additional Districts, if applicable Additional Districts, if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Land will continue to be farmed. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1)None 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addresses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Pleuse eslAtin how vour variance petition aeldres•ses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Pleuce explain hon our rcrriu tee petition crcklressex this erite ia IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: Aone 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain ho ujour Special F,.rc•eption t Se petition aciclres••ses this crileria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your,Sj,ec•ial Exception ( 've petition ackh•esses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please c,.Yldain how your heciul Exception Use pclition ucklresses this criteria d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert texlPleuse exl)hrin hotic vcurr.special Exception use petition aehh•esses this criteria In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Patricia E. Prinurrer•, Fsy. 11cry Oherj•ll Lorher 4100 F.clisou Lakes Parkway. Sle. 100 Mislraysaku, 1A, 46545 074) ?43-4100 pprinuner ii mul lurhe•.cony BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. S s) of all property owner(s): FILED- AUG 06 2010 AREA PLAN CO ISSION A lication# e O b gg q g a oil a U i %ay, S% e %%b % 4 a U 11°- Ml! bhpiQ_ a V W 8 a6a% Ea % a911 €3 " @g% g39 @E ail. eo days ap ay . 5^ 7Q eq 5i @pi lQ a e Phis s sx 3a5°•;x°ee B, I 97.99999:•. I I' evatif[>8 jai II •------ s iBs 33 a9.13 SS i• 9 g ,. . m . a i3s CQ s i! - air E r- 5i ,A• G W z a un 9 s s• 3€ is e to,\•\ =y ie a h mxa•..mac.• _nac..,lccm __ / _ m a• 15 PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City of South Bend, Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: The nearest intersection is: State Road 23 and Rene rable Enel-gyDriVe Filed in Clerk's Office South Bend, IN 2) The property Tax Key Number(s) is/are: KE c No.: 017-1012-031001 AUG 06 2018 Stead ID.• 71-08-21-200-004.0100-035 KARE WAH FOWLER CITY CLERK,SOUTH BEND,IN 3) Legal Description(s) Please note, if the public right-of-way adjacent to the parcel is not already within City limit, the legal description MUST include the right-of--way: "Track Land Beg on L'Line E li2 YE 1.-=1 W n1'Nlaple Road and N State Roud 2 3, Section 2137 2e Cons 61.31 Ac more or less 99-00 Split f-om 030901 & 031001 per Trans 44221 & 4 220 5-20-98"(This/eat;>al description needs to be confirnned arid, ifneeded,, corrected). for crntuexaticrn 4) Total Site Area(excluding right-of-way): 61.775 Acres tmtre or less 5) Name and address of property owner(s)of the petition site: i1.Iartin Blad Farvns, Inc. 58995 Nfaiflo wer Road South Bend, IN 46619 5 74) 234-'2 71 Jun Blud Hilo: Janhile ,'contcasrnet: Brent Burkus•: burkusba(4)hvgYh es.net Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: F'ILED- AUG 06 2010 Name and address of additional property owners, if applicable: AR Icat10 n# N CO.I ISSION A 7) It is desired and requested that this property be rezoned: From: A: A')ricultural District (County) Additional Districts, it applicable Additional Districts, iJ applicable To: Ll Li,,ht Industrial District 8) This rezoning is requested to allow the following use(s): Lund will conturne to be.lirrmed. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): I),1'onc' 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain hair Your variance petition ade/re.ssc's this•0-itet•ia b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your vrz!'ictnce petition cieklresse-v ihi.v crilericr c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain hotu vour''arictnce petition ctcldresse.t Ihis criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: None 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special£'.-Weptiorl Use petition addresses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain hoitjow-Special Exception Use petition acich-esses this criteria c) The proposed use will be consistent with the character of the district to which it is located and the land uses authorized therein;and: Please explain how your Special Exception Use petition ud(b-esses phis criteria d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.Insert textPleuse explain how your Special Exception Use petition addresses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Patricia E. Prinuner, Esq. Mcty Oher1c11 Lorher 1100 F_'clison Lakes Parkway, Ste, 100 Afishutivuku, IN 46545 574) 243-=1100 p1)Y)Il11lel'!`t11n['!)l(JI'l)el'.cola BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTYOWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Si atu (s)of all property owner(s): FILED- AUG 0 6 2010 AREA PLAN CO ISSION A Iication# 4SpUT8 8 Department of Community Investment 1865 Memorandum Monday,August 13,2018 Filed in Clerk's Office TO: Kara Boyles, Engineering Environmental Services (Solid Waste) AUG 13 2018 Aladean DeRose, Legal Ed Herman, Water Works KAREEMAH FOWLER Jennifer Hockenhull, Administration & Finance CITY CLERK,SOUTH BEND,IN Larry Magliozzi, Area Plan Commission Federico Rodriguez, Fire Sgt. Chad Goben, Police Randy Wilkerson and Tracy Skibins, Code Enforcement FROM: Michael Divita, Principal Planner SUBJECT:Request for Service Reports Blad Annexation Area 100%Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Blad Annexation Area has been received by the City and is receiving First Reading by the Common Council today,August 13, 2018. The proposed Annexation Area consists of one parcel of about 61.3 acres and is located on the west side of Renewable Road (New Energy Drive) north of Prairie Avenue(SR 23). The area currently contains agricultural land and is zoned agricultural in the County. With the annexation,the petitioner seeks rezoning to"Gl" General Industrial District to permit agricultural uses. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by August 27,2018. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map,and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov. cc:Mayor Pete Buttigieg Laura O'Sullivan, Chief of Staff, Office of the Mayor Bob Palmer,Attorney for the Common Council James Mueller, Executive Director, Community Investment Tim Corcoran, Director of Planning, Community Investment Kareemah Fowler, City Clerk Bianca Tirado, Deputy City Clerk John McNamara, County Surveyor am 111dki,66amma 227 W.JEFFERSON BLVD.SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX: 574-235-9021 1 SOUTHBENDIN.GOV SERVICE REPORT CHECK LIST Department of Law: 1) legal concerns, if any (if none, no report is required) Public Works: 1) location, size, and capacity of sewer line(s) 2) listing of properties connected to sewer line(s) 3) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage 4) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) 5) a listing of properties covered by waivers Water Works: 1) location, size, and capacity of water line 2) listing of properties connected to water line(s) 3) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) Police Department: 1) Police Beat to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Fire Department:1) primary and secondary fire stations to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Code Enforcement: 1) Code Enforcement Area to be assigned 2) whether comparable response time can be maintained Area Plan: 1) current zoning of property 2) anticipated/required zoning 3) compatibility of land uses relative to city zoning 4) copies of recorded subdivision plats, if any Admin/Finance: 1) (no report necessary for this annexation) Environmental 1) capacity to provide solid waste service Services: 2) cost to owner of service 3) when service can begin County Surveyor:1) verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Blad Annexation Area Portage Township Prepared August 2018 A. Annexation Criteria (Minimum)Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5°/x) 61% Yes and 2. 100% of owners signed petition 100% Yes and 3. a. essential City services are/can be provided Yes b. City is able to provide services Yes c. territory is contiguous Yes B. General Location: Renewable Road (New Energy Drive), north of Prairie Avenue Address(es): None Tax Key Number(s): 017-1012-031001 Subdivision(s) of Record: None Acres: 61.3 Current Net Assessment: $76,900 Current Population: 0 Proposed Population: 0 Current Land Use: Agricultural Proposed Land Use: Agricultural Current Zoning: A" Agricultural District, St. Joseph County Proposed Zoning: GI" General Industrial District, City of South Bend Council District: 6th Council District Scheduled Effective Date: November 25, 2018 Comments:None Map Blad Annexation Area I MTI .. duncts- s, a a sep, o d CL m NORTH 0 250 500 1.000 QCity of South Bend=Blad Annexation Area Feet Prepared by City of South Bend Depart ment of Community Inv estment August 10.2018 Legal Description A Part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the Northwest Corner of the East Half of the Northeast Quarter of Said Section 21; thence South along the West Line of Said East Half of the Northeast Quarter to the North Line of Lot 1, Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the St. Joseph County Recorder's Office; thence North 89° 22' 59" E, 555.45 feet to the Northeast Corner of Said Lot 1; thence North 570 feet more or less along the existing City of South Bend City Limits; thence East 765 feet more or less along Said existing City Limits to the East Line of the Northeast Quarter of Section 21; thence North along Said East Line and the existing City Limits, 1,700 feet more or less; thence West parallel to the North Line of the Northeast Quarter of Said Section 21, 100 feet more or less; thence North 100 feet more or less to the North Line of the Northeast Quarter of Section 21 and the existing City Limits; thence West along Said North Line and the existing City Limits to the place of beginning. Containing 61.3 acres, more or less. Proposed Schedule for Blad Annexation Area File Date 8/8/18 Council 1st Reading 8/13/18 Fiscal Plan Service Request Sent 8/13/18 Fiscal Plan Service Request Due 8/27/18 Fiscal Plan Done 9/10/18 Council Advertisement 9/14/18 Area Plan Commission Public Hearing 9/18/18 Board of Public Safety 9/19/18 Board of Public Works Agenda Session 9/20/18 Board of Public Works Hearing 9/25/18 Fiscal Plan Resolution to Clerk 10/3/18 Council 2nd Reading 10/8/18 Council 3rd Reading 10/22/18 Ordinance Advertised 10/26/18 Appeal Period Start 10/26/18 Appeal Period End 11/25/18 LAWRENCE P. MAGLIOZZI 1 \11[ 11i MR1 , 111R Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFER,tiON BLVD., ROOM 1140 COUNTY-CII-Y BUILDING, ,SOUTH BEND, INDIANA 46601 August 8, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building AUG 0 8 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE:A 229 acre tract of land north of the St.Joseph Valley Parkway right-of-way,approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway. APC# 2874-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your October 8th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. i erely, Jord Wyatt nZoniPlaner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H CO U N T Y INDIAN A.C 0 N I A REAP L AN SUBSTITUTE BILL 35-18 oUHB Filed in Clerk's Othce W \ - 1 OCT16 2018 x +.. x 4 CITY'CI- 'K SOUTH 3 i` D,IN1865 CITY OF SOUTH BEND COMMUNITY INVESTMENT October 16, 2018 Tim Scott,President South Bend Common Council 4th Floor, County-City Building Re: Impact of Change in Requested Zoning on Ceres Annexation Area Fiscal Plan Dear President Scott: At the October 8,2018,meeting of the Common Council,the Council held Second Reading on Bill No. 35-18,which proposes to voluntarily annex and zone the Ceres Annexation Area to the City of South Bend. Based on public comment at Second Reading,the petitioner amended its zoning request from GI General Industrial District, as originally filed,to LI Light Industrial District. At that October 8 meeting,the Council also adopted the fiscal plan for the Ceres Annexation Area. Although the fiscal plan, on page 4, states that the petitioner seeks to rezone the land to GI General Industrial District, please note that the petitioner's amended zoning request to LI Light Industrial District would have no material impact on the policy concerning the provision of services as described in the adopted fiscal plan. If you have any questions,please feel free to contact me at 235-5843. Thank you. Sincerely, irT, ,,,,A*. Michael P. Divita,AICP Planner EXCELLENCE I ACCOUNTABILITY I INNOVATION ( INCLUSION I EMPOWERMENT 1400S County-City Building 1227 W.Jefferson Bvld.1 South Bend,Indiana 46601 I p 574.235.9371 I www.southbendin.gov Filed in Clerk's Office SUBSTITUTE BILL NO. 35-18 OCT 1 8 2018 KAREEMAH FOWLER ORDINANCE NO.CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6,FOR A 229 ACRE TRACT OF LAND NORTH OF THE ST. JOSEPH VALLEY PARKWAY RIGHT-OF-WAY,APPROXIMATELY 1150 FEET FROM THE INTERSECTION OF STATE ROAD 23 AND THE ST.JOSEPH VALLEY PARKWAY, SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone a 229 acre tract of land north of the St. Joseph Valley Parkway right-of-way, approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway from A: Agricultural District in Unincorporated St. Joseph County to LI Light Industrial District in South Bend. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eighth(1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Part of the Southwest Quarter of Section 16 and the North Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County,Indiana, being more particularly described as follows: Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said Section 16; thence East along the North Line of the South Half of the Southwest Quarter of said Section,to the West Right-of-Way Line of the Indiana, Illinois, and Iowa Railroad Company New York Central Lines),being the Point of Beginning; thence continuing East along the North line of the South half of the Southwest Quarter of Section 16, 2,140 feet, more or less to the North/South Centerline of Section 16 and the existing South Bend City Limit line; thence South 1,318, feet more or less along said North/South Centerline, and the South Bend City Limit line to the South line of Section 16, being also the South Bend City limit line;thence East along the North Line of said Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the Northeast Quarter of Section 21; thence South along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the office of the St. Joseph County Recorder; thence West along said North line of Lot 1 to the Northerly right of way line of US 31;thence Southeasterly along said right of way to the East/West centerline of Section 21; thence West along said East/West centerline to the Southerly right of way of said US 31; thence Northwesterly along said right of way to the West line of said Section 21; thence North along said West line to the North Line of said Section 21 and the South line of Section 16; thence continuing North along the West line of Section 16 to the Northerly right of way line of the Indiana, Illinois and Iowa Railroad right of way; thence Northeast along said railroad right of way to the place of beginning. Containing 254.62 acres,more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, is amended,which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana,be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Part of the Southwest Quarter of Section 16 and the North Half of Section 21, Township 37 North, Range 2 East,Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said Section 16; thence East along the North Line of the South Half of the Southwest Quarter of said Section,to the West Right-of-Way Line of the Indiana, Illinois, and Iowa Railroad Company New York Central Lines),being the Point of Beginning;thence continuing East along the North line of the South half of the Southwest Quarter of Section 16, 2,140 feet, more or less to the North/South Centerline of Section 16 and the existing South Bend City Limit line;thence South 1,318, feet more or less along said North/South Centerline, and the South Bend City Limit line to the South line of Section 16,being also the South Bend City limit line;thence East along the North Line of said Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the Northeast Quarter of Section 21;thence South along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision,recorded January 27, 1999 as instrument number 9903194 in the office of the St. Joseph County Recorder;thence West along said North line of Lot 1 to the Northerly right of way line of US 31;thence Northwesterly along said Northerly right-of-way line of US 31 to the West line of Section 21;thence North along said West line to the North line of Section 21 and the South line of Section 16;thence continuing North along the West line of Section 16 to the Northerly right of way line of the Indiana,Illinois and Iowa Railroad right of way;thence Northeast along said railroad right of way to the place of beginning. be and the same is hereby established as LI Light Industrial District. SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Property is located at the west end of Calvert Street, and is bisected by U.S. Highway 31. Nearest , intersections are U.S. Highwy 31/State Route 23 intersection, and Calvert Street/New Energy Drive intersection. The Property is part of the southwest corner of section 16&the north half of section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana Filed in Clerk's Office 2) The property Tax Key Number(s)is/are: AUG 0 8 2018017-1007-0223 017-1012-0307 KAREEMAH FOWLER 017-1012-030901 CITY CLERK,SOUTH BEND,IN 3) Legal Description(s)Please note, if the public right-of-way adjacent to the parcel is not already within City limit, the legal description MUST include the right-of-way: See attached Exhibit A for legal description and survey of property for annexation 4) Total Site Area(excluding right-of-way): 228.66 acres. 5) Name and address of property owner(s)of the petition site: Ceres Farms LLC 1251 North Eddy Street, Suite 200 South Bend, Indiana, 46617 855.242.3737 bzick@cerespartners.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Not Applicable FILED - AUG 01 2018 AREA PLAN C I SI N Applicatior Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: A: Agricultural District(County) Additional Districts, if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Agricultural use along with other uses allowed in GI district. IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1)List each variance, if applicable. Please contact stafffor assistance with wording if needed. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addresses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your variance petition addresses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addresses this criteria 117 A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addresses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addresses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addresses this criteria d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.Insert textPlease explain how your Special Exception Use petition addresses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Ceres Farms LLC ATTN• Brandon Zick 1251 North Eddy Street Suite 200 South Bend, Indiana 46617 855.242.3737 bzick@cerespartners.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s): FILED- AUG 012018 AREA P 110 A pplication# Filed in Clerk's Office EXHIBIT A EAU 8 2u18 LEGAL DESCRIPTION KAREEMAH I-r"'VJLER CITY CLERK,SOUTH BEND,IN Land situated in the County of St Joseph, State of Indiana, is described as o ows: Parcel IV: The North Half of the Northwest Quarter of Section Number 21, Township Number 37 North, Range Number 2 East, excepting therefrom the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land. Also, the South Half(1/2) of the Northwest Quarter (1/4) of Section Numbered 21, Township Numbered Thirty-seven (37) North, Range Numbered 2 East, excepting therefrom the right-of- way of the New Jersey, Indiana and Illinois Railroad Company across said tract. Together with a right-of-way 20 feet in width, East and West, taken off of and from the entire length of the East side of the East Half(1/2) of the Southwest Quarter (1/4) of Section Numbered 21, Township Numbered 37 North,Range 2 East,lying North of the Liberty Highway,for the purpose of egress and ingress. EXCEPTING THEREFROM: Commencing at the Northwest corner of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence South 427.3 feet along the West line of said Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; thence South 55 degrees 32 minutes East, 1,200.9 feet to the Westerly Right of Way of N. J. I. and I. Railroad; thence South 22 degrees 05 minutes West, 266.2 feet along said Right of Way; thence North 55 degrees 32 minutes West, 1,076.7 feet; thence North 00 degrees 25 minutes West 317.0 feet to the point of beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southeast corner of the Northwest Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence North 346.2 feet along the East line of said Quarter Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; Thence South 00 degrees 57 minutes East,210.0 feet;thence North 51 degrees 49 minutes West,93.8 feet;thence North 55 degrees 51 minutes West, 900.0 feet; thence North 57 degrees 49 minutes West, 1,000.8 feet; thence North 55 degrees 32 minutes West, 72.9 feet to the southeast right of way of N. J. 1. and I. Railroad; thence North 22 degrees 05 minutes East, 256.0 feet along said right of way; thence South 55 degrees 32 minutes East, 127.9 feet; thence South 53 degrees 14 minutes East, 1,000.8 feet; thence South 55 degrees 32 minutes East, 871.9 feet to the point of beginning. FILED- AUG 012018 LA PLAN CO,M' S` 10 ication# LEGAL DESCRIPTION TO DEED Parcel V• The West One-Half (1/2) of the East One-Half (1/2) of Section Twenty-one (21) Township Thirty-seven(37)North,Range Two(2)East. EXCEPTING THEREFROM: A part of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, bounded by a line running as follows, viz: Beginning at the Southeast corner of the West Half of the Southeast Quarter of Section 21;thence North 0 degrees 0 minutes 0 seconds (bearing assumed) 1,532.08 feet; thence North 63 degrees 46 minutes 30 seconds West 237.33 feet;thence South 44 degrees 15 minutes West 466.60 feet;thence North 44 degrees 26 minutes 30 seconds West 90.25 feet; thence South 44 degrees 06 minutes 30 seconds West 394.65 feet;thence South 32 degrees 43 minutes 30 seconds West 99.75 feet; thence South 42 degrees 14 minutes 30 seconds West 198.30 feet; thence South 40 degrees 57 minutes 30 seconds West 389.05 feet; thence South 549.85 feet to the South line of the West Half of the Southeast Quarter;thence East 1,321.25 feet along the said South line to the place of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Northerly 346.2 feet to the point of beginning of Parcel No. 3 Limited Access right of way; thence South 57 degrees 17 minutes East, 327.3 feet; thence South 55 degrees 32 minutes East, 200.2 feet; thence South 57 degrees 10 minutes East, 128.3 feet; thence Southeasterly 84.4 feet along an arc to the left and having a radius of 814.4 feet and subtended by a long chord having a bearing of South 67 degrees 33 minutes East and a length of 84.4 feet; thence South 70 degrees 31 minutes East, 537.5 feet;thence Southeasterly 95.1 feet along an arc to the right and having a radius of 904.4 feet and subtended by a long chord having a bearing of South 67 degrees 31 minutes East, and a length of 95.0 feet; thence South 64 degrees 30 minutes East, 125.6 feet ; thence South 00 degrees 53 minutes East, 80.1 feet to the Northwesterly boundary of State Road 23; thence along said boundary with the following courses; thence South 46 degrees 40 minutes West, 191.7 feet;thence South 42 degrees 05 minutes West, 251.9 feet; thence South 45 degrees 30 minutes West, 150.0 feet; thence departing from said boundary; thence North 13 degrees 36 minutes East, 53.0 feet; thence North 44 degrees 30 minutes West, 270.0 feet; thence North 38 degrees 48 minutes West, 100.5 feet; thence North 44 degrees 30 minutes West, 600.0 feet; thence North 60 degrees 35 minutes West, 98.5 feet; thence North 40 degrees 57 minutes West 94.7 feet; thence North 51 degrees 49 minutes West, 137.8 feet; thence North 00 degrees 57 minutes West,210.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said West Half of the Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 A Limited Access right of way; thence North 64 degrees 30 minutes West, 238.7 feet; thence South 45 degrees 05 minutes West, 399.9 feet; thence North 44 degrees 30 minutes West, 109.5 feet to the Southeasterly Boundary of State Road 23;thence along said boundary with the following courses;thence North 42 degrees 29 minutes East, 57.1 feet; thence North 42 degrees 20 minutes East, 136.2 feet; thence North 42 degrees 41 minutes East, 126.2 feet; thence North 43 degrees 52 minutes East, 133.1 feet; thence North 44 degrees 53 minutes East, 141.0 feet; thence North 44 degrees 21 minutes East, 100.00 feet; thence North 45 degrees 13 minutes East, 128.1 feet to the westerly boundary of Magnolia Road; thence South 00 degrees 53 minutes East, 491.7 feet along said boundary to the point of beginning. FILED- Al jr. 1- 7018 LEGAL DESCRIPTION TO DEED AREA PLAN CO . I I• N Applicationo FURTHER EXCEPTING THEREFROM: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said East Half of said Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 a permanent right of way; thence South 00 degrees 53 minutes East, 63.6 feet along the Westerly boundary of Magnolia Road;thence North 64 degrees 30 minutes West,220.3 feet;thence South 43 degrees 34 minutes West, 467.0 feet; thence North 45 degrees 22 minutes West, 90.0 feet; thence Southwesterly 395.5 feet along an arc to the left and having a radius of 7,082.0 feet and subtended by a long chord having a bearing of South 43 degrees 02 minutes West, and a length of 395.5 feet; thence South 35 degrees 16 minutes West,99.3 feet;thence Southwesterly 197.5 feet along an are to the left and having a radius of 7,072.0 feet and subtended by a long chord having a bearing of South 39 degrees 50 minutes West, and a length of 197.5 feet; thence South 40 degrees 15 minutes West, 402.9 feet; thence North 00 degrees 57 minutes West, 66.5 feet to the Southeasterly boundary of State Road 23; thence along said boundary by the following courses: thence North 37 degrees 03 minutes East, 451.8 feet; thence North 38 degrees 26 minutes East, 399.8 feet; thence North 41 degrees 14 minutes East, 307.7 feet; thence leaving said boundary; thence South 44 degrees 30 minutes East, 109.5 feet; thence North 45 degrees OS minutes East, 399.9 feet; thence South 64 degrees 30 minutes East,238.7 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northwest corner of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1899.6 feet along the west line of said Quarter Section to the point of beginning of Parcel No. 3B Permanent right of way; thence North 00 degrees 57 minutes West, 55.2 feet; thence North 33 degrees 13 minutes East, 234.0 feet; thence North 38 degrees 26 minutes East, 202.5 feet; thence North 46 degrees 33 minutes East, 304.3 feet; thence Northeasterly 93.0 feet along an arc to the right and having a radius of 7,227.0 feet and subtended by a long chord having a bearing of North 43 degrees 25 minutes East, and a length of 93.0 feet to the Northwesterly boundary of State Road 23; thence along said boundary by the following courses: thence South 41 degrees 19 minutes West, 93.1 feet; thence South 38 degrees 02 minutes West, 202.0 feet; thence South 38 degrees 15 minutes West, 372.3 feet; thence South 36 degrees 21 minutes West, 205.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: That part of the following real estate which is located within the West half of the East half of the Section 21: A parcel of land being a part of the East Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of the East Half of the Southeast Quarter of said Section 21, said point being the Northwest comer of a tract of land conveyed to the Trustees of the Henry Kanzig Trust by Instrument Number 8822658 as the same is recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 00 minutes 00 seconds West(bearing assumed for this description)along the West line of said Kanzig tract, a distance of 359.61 feet to a point on the northerly right-of- way line of U.S. Highway#31; thence for the next ten courses along said Northerly right-of-way line,the first course being North 63 degrees 43 minutes 45 seconds West,a distance of 43.05 feet; thence North 64 degrees 17 minutes 38 seconds West,a distance of 113.01 feet; thence North 68 degrees 40 minutes 04 seconds West, a distance of 111.07 feet; thence North 69 degrees 59 minutes 33 seconds West, a distance of 209.53 feet; thence North 70 degrees 04 minutes 25 seconds West, a distance of 102.10 feet; thence North 70 degrees 00 minutes 11 seconds West, a distance of 106.69 feet;thence North 69 degrees 39 minutes 40 seconds West, a distance of 99.95 feet; thence North 66 degrees 32 minutes 35 seconds West a distance of 59.97 feet;thence North 56 degrees 36 minutes 14 seconds West, a distance of 76.89 feet; thence No minutes 38 seconds West, a distance of 105.35 feet to a point near the top of t le SoutgieIA49D. LEGAL DESCRIPTION TO DEED AUG 0 12018 AREA PLAN GO A( II N_ A lication#- of a private drainage ditch; thence for the next five courses along said top, the first course being North 57 degrees 26 minutes 56 seconds East, a distance of 261.80 feet;thence North 86 degrees 31 minutes 01 seconds East, a distance of 57.30 feet; thence North 84 degrees 28 minutes 02 seconds East, a distance of 176.85 feet; thence North 83 degrees 45 minutes 22 seconds East, a distance of 192.36 feet;thence North 83 degrees 19 minutes 27 seconds East,a distance of 291.31 feet,to a point;thence North 89 degrees 24 minutes 59 seconds East,at right angles with the west line of a tract of land conveyed to Bruno and Rosa Cataldo by a deed recorded as Instrument No. 9003257 in said Recorder's Office, a distance of 555.45 feet to a point on said West line; thence South 00 degrees 35 minutes 01 seconds East,along said west line, a distance of 227.33 feet to a point on the northerly right-of-way line of State Road 23; thence South 50 degrees 32 minutes 16 seconds West along said Northerly line,a distance of 87.35 feet to the North line of said East Half of the Southeast Quarter of Section 21; thence North 88 degrees 59 minutes 43 seconds West, along said North line,a distance of 488.03 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: {0235679) Beginning at the Northwest corner of the Southeast Quarter of Section 21,Township 37 North, Range 2 East, St. Joseph County, Indiana; thence South 89 124'52" East, a distance of 131.19 feet to the Southerly boundary of U.S. 31 being a limited access right-of-way by deed); thence along said boundary by the following courses; South 40°33'02 East,a distance of 69.83 feet;thence South 60°11'02"East a distance of 98.50 feet;thence South 44°06'02"East, a distance of 600.00 feet; thence South 44°06'02"East, a distance of 270.00 feet; thence departing said boundary South 13°59'58" West, a distance of 53.00 feet to the Northerly boundary of S.R. 23; thence along said boundary by the following courses; South 44 153'48" West, a distance of 538.62 feet; thence around a 7227.00 foot radius curve to the left 93.00 feet terminating at the end of a 93.00 foot long chord bearing South 42°45'48"West;thence South 45°53'48"West,a distance of 304.30 feet;thence South 37°46'48" West, a distance of 202.50 feet; thence South 89°59'22" West, a distance of 124.30 feet to the West line of said Quarter Section; thence departing said boundary North 00°00'38" West, a distance of 1673.30 feet along said West line to the place of beginning. Parcel VI: The North Half of the East Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16,Township 37 North, Range 2 East, and the East Half of the North Half of the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East. ALSO: The West Half of the Southwest Quarter of the Southwest Quarter of Section Number 16, Township Number 37 North, Range Number 2 East, EXCEPTING THEREFROM the right-of- way of the Indiana, Illinois and Iowa Railroad Company (New York Central Lines) across said land. ALSO: TRACT I:The West Half of a five acre tract of land,described,as the West Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East,in St.Joseph County,Indiana. FILED- AUG 012018 LEGAL DESCRIPTION TO DEED AREA PLAN CO ISSI N A lication# TRACT II: The East Half of a five acre tract being the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, of Section 16, Township 37 North,Range 2 East in St.Joseph County,Indiana. ALSO: The South Half(1/2)of the East Half(1/2)of the East Half(1/2)of said Southwest Quarter(1/4) of the Southwest Quarter(1/4)of Section 16,Township 37 North,Range 2 East. ALSO: The West Half(1/2) of the North Half(1/2) of the West Half(1/2) of the East Half(1/2) of the Southwest Quarter(1/4)of the Southwest Quarter(1/4)of Section 16,Township 37 North,Range 2 East. EXCEPTING: A parcel of land located in Section 16, Township 37 North, Range 2 East, St. Joseph County,Indiana;more particularly described as follows:A tract of land 30 feet wide lying South and adjacent to the North line of the South Half(S1/2)of the Southwest Quarter(SW 1/4) of Section 16, commencing at the Northeast corner of the South Half(S1/2) of the Southwest Quarter(SW 1/4), thence West 562.82 feet along the North line of the South Half(S1/2) of the Southwest Quarter(SW 1/4)to the East right of way line of the N.J.I.& I. Railroad,thence South 22 degrees 18 minutes 50 seconds West 32.43 feet, thence North 90 degrees 00 minutes 00 seconds East(assumed) 575.14 feet to the East line of the Southwest Quarter(1/4); thence North 30.00 feet to the point of beginning. FURTHER EXCEPTING: A parcel of land situated in the Southwest Quarter (1/4) of the Southwest Quarter(1/4)of Section Sixteen(16), Township Thirty-seven (37)North, Range Two 2) East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: That portion of said Quarter-Quarter Section that lies North and West of the Right-of-way of Indiana,Illinois and Iowa Railroad Company(New York Central Railroad Company). Parcel IX: The Southeast Quarter of the Southwest Quarter of Section 16,Township 37 North,Range 2 East, EXCEPTING THEREFROM the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land and FURTHER EXCEPTING THEREFROM, a tract of land thirty feet wide lying south and adjacent to the north line of the South Half of the Southwest Quarter of said Section 16, commencing at the northeast corner of the South Half of the Southwest Quarter of said Section 16; thence West 562.82 feet along the north line of the South Half of the Southwest Quarter of Section 16, to the east right-of-way line of the New Jersey, Indiana, and Illinois Railroad; thence South 22 018150" West, 32.43 feet; thence North 90°00'00" East (assumed) 575.14 feet to the east line of the Southwest Quarter of said Section 16;thence North 30.00 feet to the point of beginning. Subject to legal highways. FILED- AUG 012018 AREA PLAN CO I A lication# LEGAL DESCRIPTION TO DEED z O c U)7 ail cx* v— C=2 :5100 14'i Lj R° O A C)Z ZAs BE5.2 3 gto CL co Sly. li tif; i MT111, 11 1 ixwj wgji3-; l li;" t 2. W& nfils X. -M p, v a if'.!1"R ill, uj cl *6 in I M 4 .cr 91-111 "-,'1 ." 11 x i P n . 1111 71 c Atli 9 fn M Hy i 1 HMAIum q Z d cr- z j wC=co CD C=) 0 LLL 00 1:< 03)U) Lq D LL v I ja Q0 co CQ s A w co co E LAWRENCE P. MAGLIOZZI I'XE('till%L DIRECTOR Angela M. Smith I)rpul, Diroct or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROO&I 1140'COUN-1 Y-CITY BUILDING, SOU T11 BEAD, INDIANA 46(,01 (S74) 235-901 September 19, 2018 Honorable South Bend Common Council 4th Floor, County-City Building South Bend,IN 46601 RE: Bill #35-18 Rezoning: APC 42874-18 — A 229 acre tract of land north of the St. Joseph Valley Parkway right-of-way, approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway Dear Council Members: The Area Plan Commission held a public hearing on September 18, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, October 8, 2018. Ordinance & Petition Amendments: No changes. Public Hearing Summary: There was no one to speak in favor of the petition. One person spoke in opposition to the petition citing potential negative effects on the water table, runoff, air quality and how that could damage crops, soil,wildlife and people. She also was concerned the demand didn't exist for industrial development. If you have any further questions, please feel free to contact me at(574)235-9571. Si erely, J •dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.5 T J O S E P"C O U N T Y IN DO A N A.C O M!A R E A PLAN LAWRENCE P. MAGLIOZZI I,I-(ll F I N't.I)city C'l'()IC Angela M. Smith I),pot1 IN riot orPARPEAPLANCOMMISSIONC)F ST_ JOSEPH C(DUNTY, IN 227 W. JEFFF ItSON BLVD., ROOM 1140 COUNTY-CITY BU ILI)ING, SOIITH BFNI), INDIANA 16601 (574)23i-9571 Wednesday, September 19,2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Ceres Farms LLC to zone from A: Agricultural District(County) to GI General Industrial District(City), property located at a 229 acre tract of land north of the St.Joseph Valley Parkway, approximately 1150 feet west of State Road 23, City of South Bend-APC#2874-18, Dear Council Members: I hereby Certify that the above referenced ordinance of Ceres Farms LLC was legally advertised on September 6, 2018 and that the Area Plan Commission at its public hearing on September 18,2018 took the following action: Upon a motion by John Leszczynski,being seconded by Robert Hawley and unanimously carried,a proposed ordinance of Ceres Farms LLC to zone from A: Agricultural District to GI General Industrial District, property located at a 229 acre tract of land north of the St.Joseph Valley Parkway, approximately 1150 feet west of State Road 23, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning the site to GI General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities, which will help meet multiple objectives outlined in City Plan and the Future Land Use Plan. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Ceres Farms LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE , NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND T_ W w W.S)C I N C[ANA.C 0 14/)0 6 1.,..-p I.n Staff Report 9/7/2018 APC # 2874-18 Owner: Ceres Farms LLC I..ocation:A 229 acre tract of land north of the St.Joseph Valley Parkway,approximately 1 150 feet west of State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 9/18/2018 Requested Action: The petitioner is requesting a zone change from A: Agricultural District(St. Joseph County)to GI General Industrial District(South Bend). Land Uses and Zoning: On site: On site is tilled farmland. North: To the north is tilled farmland and the ethanol plant,zoned GI General Industrial (South Bend). East: To the east are vacant parcels zoned GI General Industrial District(South Bend)and A: Agricultural District(St. Joseph County)which are pending rezoning to GI General Industrial District(South Bend). South: To the south,across the St.Joseph Valley Parkway,are parcels zoned A: Agricultural District and a business zoned C:Commercial District(St. Joseph County). West: To the west are parcels zoned A: Agricultural District(St.Joseph County). District Uses and Development Standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial/mixed use districts by less intense industrial districts. Site Plan Description: There is no proposed site plan for development at this time. Future development will need to adhere to development standards for the appropriate district. Zoning and Land Use History And Trends: The business to the south was rezoned to C: Commercial District in 1998. Traffic and Transportation Considerations: Calvert Street is two lanes. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation. APC 4 2874-18 Page 1 of 2 Staff Report 9/7/2018 Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 2.3: Create opportunities for manufacturing companies to locate in the community and Objective LU 7.2: Require the annexation of contiguous property being serviced with City Utilities, where legally feasible, to provide for future uses as identified in the Future Land Use Map. Land Use Plan: The Future Land Use Plan identifies this area for heavy industrial growth. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Parcels in this area have been developed for light and heavy industrial uses. 3. Most Desirable Use: The most desirable use for this property would be industrial uses. 4. Conservation of Property Values: Expanding industrial properties adjacent to industrial uses,and with proper screening and buffering, property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to develop large areas adjacent to major corridors for heavy industrial uses. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing,the staff recommends sending this petition to the Common Council with a favorable recommendation. Analysis: Rezoning the site to G1 General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities,which will help meet multiple objectives outlined in City Plan and the Future Land Use Plan. APC# 2874-18 Page 2 of 2 4SpUT$ 8 Department of Community Investment 1865 Memorandum Monday,August 13,2018 Filed in Clerk's Office TO: Kara Boyles, Engineering Environmental Services (Solid Waste) AUG 13 2018 Aladean DeRose, Legal Ed Herman, Water Works KAREEMAH FOWLER Jennifer Hockenhull,Administration & Finance CITY CLERK,SOUTH BEND, IN Larry Magliozzi,Area Plan Commission Federico Rodriguez, Fire Sgt. Chad Goben, Police Randy Wilkerson and Tracy Skibins, Code Enforcement FROM: Michael Divita, Principal Planner SUBJECT:Request for Service Reports Ceres Annexation Area 100%Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Ceres Annexation Area has been received by the City and is receiving First Reading by the Common Council today,August 13, 2018. The proposed Annexation Area consists of one full parcel,two partial parcels,and adjacent right-of- way totaling about 254.6 acres and is located at the west end of Calvert Street, northwest of the US 31 (Bypass)-Prairie Avenue(SR 23) interchange. The area currently contains agricultural land and is zoned agricultural in the County. With the annexation,the petitioner seeks rezoning to"GI" General Industrial District to permit agricultural and other allowable uses. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by August 27, 2018. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov. cc:Mayor Pete Buttigieg Laura O'Sullivan, Chief of Staff, Office of the Mayor Bob Palmer,Attorney for the Common Council James Mueller, Executive Director,Community Investment Tim Corcoran, Director of Planning, Community Investment Kareemah Fowler, City Clerk Bianca Tirado, Deputy City Clerk John McNamara, County Surveyor 227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX:574-235-9021 1 SOUTHBENDIN.GOV i SERVICE REPORT CHECK LIST Department of Law: 1) legal concerns, if any (if none, no report is required) Public Works: 1) location, size, and capacity of sewer line(s) 2) listing of properties connected to sewer line(s) 3) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage 4) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) 5) a listing of properties covered by waivers Water Works: 1) location, size, and capacity of water line 2) listing of properties connected to water line(s) 3) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) Police Department: 1) Police Beat to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Fire Department:1) primary and secondary fire stations to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Code Enforcement: 1) Code Enforcement Area to be assigned 2) whether comparable response time can be maintained Area Plan: 1) current zoning of property 2) anticipated/required zoning 3) compatibility of land uses relative to city zoning 4) copies of recorded subdivision plats, if any Admin/Finance: 1) (no report necessary for this annexation) Environmental 1) capacity to provide solid waste service Services: 2) cost to owner of service 3) when service can begin County Surveyor:1) verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Ceres Annexation Area Portage Township Prepared August 2018 A. Annexation Criteria (Minimum)Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5%) 28% Yes and 2. 100% of owners signed petition 100% Yes and 3. a. essential City services are/can be provided Yes b. City is able to provide services Yes c. territory is contiguous Yes B. General Location: Near west end of Calvert Street, west of Renewable Road (New Energy Drive) Address(es): None Tax Key Number(s): 017-1007-0223 (part)017-1012-0307 (part) 017-1012-030901 Subdivision(s) of Record: None Acres: 254.6 Current Net Assessment: $451,200 Current Population: 0 Proposed Population: 0 Current Land Use: Agricultural Proposed Land Use: Agricultural Current Zoning: A" Agricultural District, St. Joseph County Proposed Zoning: GI" General Industrial District, City of South Bend Council District: 6th Council District Scheduled Effective Date: November 25, 2018 Comments:Proposed Annexation Area includes the adjacent portion of the US 31 right-of-way Map I Ceres Annexation Area Bel ill sr S ul NORTH 0 a y 0 250 500 1,000 1.500 QCity of South Bend -Ceres Annexation Area Fe et Prepared by City of South Bend Depart ment of Community Investment August 10.2018 Legal Description Part of the Southwest Quarter of Section 16 and the North Half of Section 21,Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said Section 16;thence East along the North Line of the South Half of the Southwest Quarter of Said Section,to the West Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company (New York Central Lines), being the Point of Beginning;thence continuing East along the North Line of the South Half of the Southwest Quarter of Section 16, 2,140 feet more or less to the North/South Centerline of Section 16 and the existing South Bend City Limit line;thence South 1,318 feet more or less along Said North/South Centerline and the South Bend City Limit line to the South Line of Section 16, being also the South Bend City Limit line; thence East along the North Line of the Northeast Quarter of Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the Northeast Quarter of Section 21;thence South along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the office of the St.Joseph County Recorder;thence West along Said North Line of Lot 1 to the Northerly Right-of-Way Line of US 31;thence Southeasterly along Said Right-of-Way to the East/West Centerline of Section 21;thence West along Said East/West Centerline to the Southerly Right-of-Way of Said US 31;thence Northwesterly along Said Right-of-Way to the West Line of Said Section 21; thence North along Said West Line to the North Line of Said Section 21 and the South Line of Section 16;thence continuing North along the West Line of Section 16 to the Northwest Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company; thence Northeast along Said Railroad Right-of-Way to the place of beginning. Containing 254.62 acres, more or less, including railroad and US 31 Rights-of-Way. Proposed Schedule for Ceres Annexation Area File Date 8/8/18 Council 1st Reading 8/13/18 Fiscal Plan Service Request Sent 8/13/18 Fiscal Plan Service Request Due 8/27/18 Fiscal Plan Done 9/10/18 Council Advertisement 9/14/18 Area Plan Commission Public Hearing 9/18/18 Board of Public Safety 9/19/18 Board of Public Works Agenda Session 9/20/18 Board of Public Works Hearing 9/25/18 Fiscal Plan Resolution to Clerk 10/3/18 Council 2nd Reading 10/8/18 Council 3rd Reading 10/22/18 Ordinance Advertised 10/26/18 Appeal Period Start 10/26/18 Appeal Period End 11/25/18 Filed in ClerWs Office BILL NO. 18-55 SEP 19 2018 RESOLUTION NO. G L`!_„„_ R 3_- ``_33___1_M1.1 _ nI C-ITY CLERK,SC)UTH BEND,._.__._.__......... ..._..._._.._. .__._ w A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1715 S. DALE AND 1717 S. DALE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5- 5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5- 5, requesting that a Special Exception be granted for property located at: 1715 S. DALE AND 1717 S. DALE In order to permit a TWO FAMILY DWELLING SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: BILL NO. 18-55 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTY INFORMATION: The property Tax Key Number(s) is/are: 018-7054-2044 and 018-7054-2045 The property address: 1715 S Dale Ave, South Bend IN 46613 S F P 13 2018 1717 S Dale Ave, South Bend IN 46613 If the application only includes a portion of the property listed above,provide the Legal Description for the petition area and the total site area: 1715 S Dale - 33 Ft NEnd Lot 89 90 Oak Park 2nd Add 1717 S Dale -38 Ft Mid Pt Lots 89-90 Oak Park 2nd Add VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g. From the required[enter requirement]to[enter request going to])Additional examples can be found on our website. Please conact the Staff ifyou need assistance. 1)Insert list of variances. From the Minimum Lot Area for Two Family Dwellings of 6000'square feet to 5540'square feet. From the required 25'Minimum Front Yard and Building Setback to 15' 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Yes, The approval will not be injurious to the public health, safety, morals and general welfare. We have 80 ft to work with. A rear yard variance would allow a full size vehicle to park in the driveway. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Yes. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The smaller Rear Yard will be made up by a normal sizedfront yard. A fense in the backyard could help c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Yes. The strict application of the terms of this Ordinance would mean a smaller house.A slightly smaller yard would ensure comfort and space inside the house. SPECIAL EXCEPTION USE INFORMATION (if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested : Construct duplex townhouse on two adjacent lots. 1715 S Dale Ave & 1717 S Dale Ave 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare: The proposed use will provide new and safe housing for two families c) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The proposed use will help improve the values in the area. The proposed use will also help fill the empty lot's in the south side. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: The proposed use will be new and bold but consistent with the character of the district. The proposed use will also compliment the surrounding houses, schools, churches and businesses. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Yes. "The study by Zimmerman/Volk Associates, a housing consultingfirm, says the south, northwest and west sides of South Bend can absorb a total of 180 and 230 new "missing middle"housing units annually. The city has plenty of space for smaller housing projects in areas where builders haven't always looked, the study says. The apartments recommended by the study would range in rent prices of 450 to$900 per month, and condominium purchase prices could land between $70,000 and$165,000. Volk believes that South Bend's patchwork of vacant lots, many bordered by existing homes, is prime territory for smaller developers to build on, in addition to renovating vacant or dilapidated homes." In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. i 4ILED - JUL 12 2018 i I SEP 13 2018 PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: 2010 Investment Group LLC C/O David Njoroge 3131 Springbrook Dr South Bend, IN 574.210.9633 dnjoroge55@yahoo.com Name and address of additional property owners, if applicable: Name and address of petitioner(s), if different than the petitioner): Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners, if applicable: CONTACT PERSON: David Njoroge-2010 Investment Group LLC 3131 Springbrook Drive South Bend, IN 46614 574.210.9633 dnjoroge55@yahoo.com BY SIGNING THIS PETITION,THE PETTTIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s)of all property owner(s): i T (z Z I l l C A v --{v 30 A r' k _:ED- JUL 12Z018 t F F-1 7 L SEP 1 ;3 2010 G 68' Lot Area 68' * 80' = 5440' 34' Z 0 N 14' 14'3" 20' House 1 House 2 00 N O House 1 Ard House 2 Yard w 22' 12' Side Walk SideI alk Side Walk Grass Gr ss Grass w Street Street Street SEP 13 2018 AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend,IN 46601 www.sjcindiana.com Filed in Clerk's Office Phone-574-235-9571-Fax-574-235-9813 OCT 15 2018 Thursday,October 1 1, 2018 KART-EM_ FOWLER Common Council CITY CLERK,SOUTH BEND, IN 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of 2010 INVESTMENT GROUP LLC seeking a Special Use for a Two Family Dwelling in the SF2 Single Family&Two Family District(South Bend)for property located at 1715 S DALE AVE AND 1717 S.DALE AVE,City of South Bend Dear Council Members: hereby Certify that the above referenced ordinance of 2010 INVESTMENT GROUP LLC was legally advertised on September 27,2018 and that the Area Board of Zoning Appeals at its public hearing on October 10, 2018 took the following action: Upon a motion by Michael Urbanski,being seconded by Robert Hawley and unanimously carried, a petition by 2010 INVESTMENT GROUP LLC seeking a Special Exception Use for a Two Family Dwelling for property located at 1715 S DALE AVE AND 1717 S. DALE AVE, City of South Bend, was sent to the Council with a favorable recommendation,and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Angela Smith, Deputy Director Attachment CC: 2010 INVESTMENT GROUP LLC Filed in Clerk's Office BILL NO. 18-56 I SEP 1 9 2018 RESOLUTION NO. KAREEMA-I F®WLER CITY CLERK,SOUTH REND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 340 E COLFAX AVE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 340 E COLFAX AVE In order to permit a HYDRO-DAM ELECTRIC UTILITY FACILITY SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council ED - CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE SEP 14 2018 PROPERTY INFORMATION: The property Tax Key Number(s) is/are: 018-5001-000203, 018-5001-001301, 018-5001-000501, 018-5001-0013, 018-5001-0005 The property address: Address: 340 East Colfax Avenue, South Bend, Indiana 16601 If the application only includes a portion of the property listed above, provide the Legal Description for the petition area and the total site area: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana which is described as: Lot# 1 of the proposed Plat of"Seitz Park Minor Subdivision. Containing 1.75 Acres more or less. Subject to all legal highways, easements and restrictions of record VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g. From the required[enter requirement]to[enter request going to])Additional examples can be found on our website. Please conact the Staff ifyou need assistance. 1)Insert list of variances: For Parcel "A": 1). From the required 5 ft. mininmm Side yard setback along the North property to 2 ft.; 2). From the minimum Front Fagade Height-in elevation view from the street fronatge, twenty-two (22)feet to a minmiunrn often (10)feet for both shown buildings; 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: The Petitioners desire to make major improvements to the property presently known as Seitz Park. The property is located between the St. Joseph River on the West and South, with the East Race Waterway on the East, new Commercial/Residential development on the North and the Stephenson Mills Apartment building located to the Northeast of the petition site. Also proposed on this property is a unique use being proposed by the University of Notre Dame which is a private hydro-dam electric utility facility. This facility will be under the proposed park improvements. The University will have a long-term lease agreement to operate the facility on the Park's Department property. The two building structures shown on the site, will be used by the proposed uses. The building along the North property line is for use of equipment related to the proposed hydro-dam electric nrtility facility. The building shown at the Northeast corner of the site will be a new restroan facility for the park. Representatives for the owner and the University met with the Plan Commission staffto discuss the project to determine the process requiredfor its approval. Based on those discussions it was determined that a few Variances would be neededfor the proposed buildings and a Special Exeption would be requiredfor the proposed private hydro-dam electric utility facility. b) The proposed variances are to cover the two buildings shown on the attached site plan. For the request for the Side yard setbackfrom the required 5 f1. the building is shown at 2 fi. 777is location for the building works for the proposed in frastructure for the underground water channels,funneling waterfront the river to the turbines generating power for the facilty. This is part of an overall development for the park site as iwell as an adjacent parking lot shown to the North of the park site. This parking lot will serve the Stephenson Mill Apartment building. The plan shows that to the North of the proposed building will be a parking lot aisleway and curbing which will provide access to the parking spaces.As part of this overall development new lot lines will be created as shown. If required, a maintenance easement will be placed to asure that all sides of the proposed building can be maintained The second variance is to allow for a height variance for the two proposed buildings from the mininnumn required 22 feet to 10 feet. This requirement is in the Ordinance, but it as envisionedfor buildings being placed along major public streets. This site has Ghttz Avenue as the public street. The owners are presently in discussions to decide whether to vacate a portion of this public street which would have it end at the south line of of the lot containing the Stephenson Mills Apartment building. If that happens the requested variance would not be needed. But as of now this public street exists and the buildings proposed are visible from it. To be conservative it was decided to request the variance now. The requested variances should not have a detrimental effect on the public's health, safety or welfare. c) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The proposed project will be used as a public park. The site presently is used as a park. Approval of the requested variances for this project should not adversely affect any surrounding property. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: In this case, the Petitioners would note that they have attempted to mitigate the proposed variance for the side yard building setback They believe their solution does meet the intent of the City's Ordinances. For the height of the faVade visible from the public street, the Petitoners believe they have explained the uniqueness of the site and the placement of the buildings. They have also noted that at a point in the future a portion of the public street may be vacated which would make the one variance un- necessaty. This small side street is used minimally by the public. The Petitioners do not believe approval of any requested variance in this Petition will have a negative impact on any surrounding property or be detrimental to the existing neighborhood. SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s) being requested : Private Hydro-dam Electric Utility Facility. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: The placentent of the proposed facility will be beneath the proposed iniproventenis for Seitz Park as shown on the attached site plan. This proposed facility is intended to supply additonal electric power to the Unitsity of Notre Dame Campus as a sustainable supply of clean power. The placement of the facility should have no deterintentrial effect on the public, community or surrounding properties. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: As mentioned above, the proposedfacility will be placed under the proposed park improvements. This use is compatible with its location to the St. Joseph River. Its placentent should not have an adverse affect on the proposed park improvements, or the adjacent mired uses of contmercial facilities, and residential uses or the East Race Waterway. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: The proposed private hydro-dam electric facility is consistent within the district as the site is located along the St.Joseph River. This is needed to supply the proposed use with the resource to run the facility. This 1}pe of use is typically located along a waterway curd specially-where there already is an existing dam structure. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use is not specifically noted in the City's Comprehensive Plan, but due to the type of use, its location would most likey be considered appropriate for the City Plan. This use is consistent with the historical use of this section of the St.Joseph River to supply energy to the nearby entities. In the case of a Special Exception Use,the petitioner shall be held to the representations ma e on°tlWe k6'lirh-inar° Site Plan included with this petition. SEP I 42018 i I PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: City of South Bend Park Department Board of Park Commissioners of South Bend 321 East Walter Street 321 East Walter Street South Bend, Indiana 46614 South Bend, Indiana 46614 574-299-4765 574-299-4765 E-Mail Address:N/A E-Mail Address:N/A Department of Redevelopment Suite 1400 South-County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 574-235-5836 E-Mail Address:N/A Name and address of additional property owners, if applicable: Name and address of petitioner(s), if different than the petitioner): Name:N/A Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners, if applicable: CONTACT PERSON: Michael Danch-Danch, Harner&Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003. nidanch@danchharner.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s)of all property owner(s): SEP 1 42010 j 12A HIM x N k RM5 o s= C fez?• g 1. 0S r goro CA z L18 Cmdz rz t,4 ryl0 b IL µ0 o o a O ` c`d z N Apcm a a OMOLns n 008MH co 0350dOHd rniO q m D i 6l'l6 M X.L[98 5 L sR W 2 M 1 mE I F Zoy z txj I ZH'95L rltztza0 NI o C- t_ 71 g n Dm I I I I I a I l z o q 32 7 M/Ho6 mw Cf 90'lfS M.00.t588 N 3Nf1 M/H L09Y 3.£01Y L e„g A/u.5 ze) acusanv xv oo I Cm N O W T W R/W UNE rTa O W iA^ 1•, Py;C NZN22Z 2Z222,n2Z Z........ 22 N2v1,/Im 4sHa1NNiHymommYSS H4K n$P.-.°$£ m oq..,,.. ,• o.N^-' ohm Sm m O Fmm FFFFFFFFm FmmFFFFFFmm FFmmmmF sH ny r- m YNVmm;,N xouo DM S2 Larowop.Mnrtw•Lam in.n 8» fmauw$-S'°CrN8>a 8X888m°SGXtm A REA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard South Bend,IN 46601 1= 1eC in Clerk's Office www.sjdndiana.com T Phone-574-235-9571-Fax-574-235-9813 OCT 152018 Thursday, October I 1, 2018 K IREEMAH FOWLER ERK,SOUTH BEND,IN Common Council 227 W.Jefferson Boulevard South Bend,IN 46601 RE: The petition of CITY OF SOUTH BEND seeking a Special Use for a Private Hydro-dam Electric Utility Facility in the CBD Central Business District(South Bend) for property located at 340 E COLFAX AV, City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of CITY OF SOUTH BEND was legally advertised on September 27,2018 and that the Area Board of Zoning Appeals at its public hearing on October 10, 2018 took the following action: Upon a motion by Kathy Schuth,being seconded by Robert Hawley and unanimously carried, a petition by CITY OF SOUTH BEND seeking a Special Exception Use for a Private Hydro-dam Electric Utility Facility for property located at 340 E COLFAX AV,City of South Bend, was sent to the Council with a favorable recommendation, and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, 4 O-`'t.1' -` Angela Smith, Deputy Director Attachment r CC: CITY OF SOUTH BEND Department of Redevelopment Filed in Clerk's Office o$ 013'rx 8 d W - r OCT 7 2018 PE C ITY OF SOUTH BEND COMMU \ ITY I \VESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR October 17, 2018 President Tim Scott Members,South Bend Common Council Dear President Scott and Council Members: The resolution submitted for Council approval is for the purpose of accepting a grant award,from the Indiana Housing and Community Development Authority(IHCDA)to address lead issues in both homeowner and rental units in the City of South Bend.South Bend is only one of four cities to receive these funds. The total of$143,906.00 represents a portion of the total South Bend award of$672,857.00. IHCDA awarded funds from two different sources for the same project activity. CDBG-Disaster Relief II Funds 143,906.00 While each fund/award has its own regulations, processes, agreement and required resolution,the funds are intended to work in tandem. Combined the awards allow for costs related to hazard control work,risk assessments,inspections,clearance,staff and personnel expected to address 40 housing units. Local and State efforts to publicize and explain the program are on-going. Pre-applications are reviewed by IHCDA and then forwarded to the respective community. I will present at the October 22,2018 meeting however if you have any questions prior to that time please contact me. Thank you. Sin arlialt Pamela C. Me r Director cc: K. Fowler,City Clerk B. Palmer,Council Attorney J. Mueller, DCI Executive Director S. Fritzberg,Office of the Mayor DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT J 1400S County-City Building 1227 W.Jefferson Blvd.l South Bend,Indiana 46601 1 p 574.235.9371 1 www.southbendin.gov BILL NO. 18-62 Filed in Clerk's Office BILL NO. 18-62 OCT 1 7 L018 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACCEPT A RECOVERABLE GRANT FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY, COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RELIEF II WHEREAS, the Common Council of the City of South Bend, Indiana(the "Common Council"), is the governing body of the City of South Bend(the "City"), a municipal corporation duly organized and existing in the State of Indiana; and WHEREAS,the City,through its Department of Community Investment, applied for and has received a recoverable grant from the Indiana Housing and Community Development Authority (the "IHCDA") Community Development Block Grant Program—Disaster Relief II, in the amount of One Hundred Forty-Three Thousand Nine Hundred Six Dollars ($143,906) (the Grant"); and WHEREAS,the IHCDA requires the Common Council to retroactively approve the City's application, formally accept the grant award, and appoint designees that are authorized to act on behalf of the City with regard to the Grant, all by a resolution of a majority of its members. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The City is hereby retroactively authorized to apply for a recoverable grant from the Community Development Block Grant—Disaster Relief II, administered by IHCDA. SECTION II. The City is hereby authorized to accept the Grant awarded to it by the Community Development Block Grant—Disaster Relief II, administered by IHCDA, in accordance with the terms and conditions set forth in the Award Agreement between IHCDA and the City, a copy of which is attached hereto as Attachment A, and has been executed by the City through its Board of Public Works ("the Board"). SECTION III. All further applications, documents, covenants,binding real estate deeds, instruments or writings as are necessary and/or as appropriate to consummate the recoverable grant transaction, as acceptable to IHCDA shall be performed by the Board or individual so authorized to act by and on behalf of the City. SECTION IV. This Resolution shall be in full force and retroactive effect ad provided in Section I from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council ATTACHMENT A AWARD AGREEMENT r SUPPLEMENTAL DISASTER RECOVERY APPROPRIATION-2 COMMUNITY DEv GRANT PROGRAM("CDBG-D")AWARD AGREEMENT Fled in Clerk's Office This is a Subaward This is Not a Research&Development Award CDFA#14.228 Er17 2Q1a I.' U.S.Department of Housing and Urban Development 100%Federal Funding KAREE AHM FUWLER Federal Award No FAIN: B-08-DI-18-0001 CITY CLERK,SOUTH BEND,IN Federal Award Date: April 13,2009 FFATA Activity Description: Owner Occupied Rehabilitation AWARD AGREEMENT NO.DR2OR-018-003 THIS SUPPLEMENTAL DISASTER RECOVERY APPROPRIATION-2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AWARD AGREEMENT(the"Agreement")is made and entered into by and between the Indiana Housing and Community Development Authority (the "THCDA" or "Authority"), a public body corporate and politic of the State of Indiana(the"State"), and the City of South Bend (the "Recipient"), a Unit of Local Government, having a DUNS#of 074327123. WITNESSETH: WHEREAS,the Authority has been designated to receive,administer,and disburse funds pursuant to the Consolidated Security,Disaster Assistance and Continuing Appropriations Act,2009(Pub.L. 110-329, approved September 30,2008) for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in areas affected by natural disasters that occurred during 2008,Title I of the Housing and Community Development Act of 1974,as amended, and under regulatory waivers in the Community Development Block Grant state program granted by the HUD;and, WHEREAS,a portion of IHCDA's disaster recovery funds("Disaster Funds")are being provided to the Recipient for eligible activities relating to the rehabilitation of owner occupied homes as identified and described in the Substantial Amendment to the State's Action Plan for CDBG Supplemental Disaster Recovery Funds; NOW,THFREFORE,in consideration of the following mutual promises,covenants,and conditions contained herein, and other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Incorporation of Recitals. The above recitals are hereby incorporated herein as though set forth in their entirety. 2. The Authority awards the Recipient the sum of One Hundred Forty Three Thousand Nine Hundred Six dollars and 00/100 Dollars ($143,906.00) of Disaster Funds (the "Award") for use by the Recipient pursuant to its application, submitted to IHCDA on May 28, 2018 (the "Application"), exclusively for the purpose and project outlined therein (the `Project"). Additional programmatic, statutory and regulatory requirements are attached hereto, made a part hereof, and marked "Exhibit A" ("Additional Programmatic, Statutory and Regulatory Requirements"). The Recipient has submitted a detailed budget which has been attached to this Agreement as Exhibit B"("Budget"),attached hereto and made a part hereof. 3. Representations, Warranties, and Covenants of Recipient. The Recipient hereby represents and warrants to the Authority and covenants with the Authority that: a) It shall timely perform or cause to be performed all work specified in its Application; b) It shall not request any payment under this Agreement from IHCDA until those funds are actually needed to pay for eligible expenses; c) Its request for any such payment shall be limited to the amount of expenses actually incurred by the Developer at that time; CDBG-D CITY OF SOUTH BEND DR20R 011-003 Recapture Page 1 of 24 is d) It shall not expend any part of the Award for purposes other than the Project or spend more of the Award for any class of items or activities than the amount allocated for such purposes in the appropriate line item of the Budget,a copy of which is attached hereto,made a part hereof,and marked`Exhibit B"; e) It shall,from time to time;timely and promptly do each and every act and thing that may be necessary and/or appropriate to perform its duties and obligations under this Agreement, the Application, and the IHCDA CDBG&HOME Program Manual(the"Award Manual"); f) It shall promptly repay IHCDA for any CDBG funds it utilizes for expenses that are deemed"ineligible"by any of the following: IHCDA,HUD,24 CFR 570,an audit,or the Award Manual; g) All work and activities authorized and/or contemplated under this Agreement,the Application,and the Project will be in strict obeyance,compliance,and observance of all applicable laws,rules,regulations,and executive orders of all Federal,State, and local governments and regulatory bodies, including provisions of the Award Manual and its application,as from time to time amended; h) It shall keep and,upon request,timely submit such records and reports as may be required from time to time by the Authority or the U.S.Department of Housing and Urban Development("HUD"),which records shall include those necessary for fair housing and equal opportunity purposes, and other records reasonably necessary to assist the Authority in complying with 24 CFR§§570.506 and 570.507; i) It has not taken and will not take any action or permit any action that is within its control to be taken or fail to take any action that would impair the Award or the Project. It shall timely prepare all fiscal and management records required by the Award Manual and/or the Authority that are necessary or appropriate to effectively administer and/or monitor the Project. It will maintain books, records, documents, and other evidence pertaining to the Project and all costs and expenses incurred and revenues received under this Agreement in sufficient detail to reflect all activities undertaken in connection with the Project and all costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs of whatever nature, for which payment is claimed under this Agreement. It shall retain all such records for the for the greater of three(3) years from closeout of the State of Indiana's grant between HUD, or the period required by other applicable laws and regulations as described in 24 CFR 570.487 and 24 CFR §570.488. Records shall be retained beyond the prescribed period if any litigation,claim,negotiation,audit,or other action is begun involving this Agreement or the Project. In that instance,the records shall be retained until the litigation,claim,negotiation, audit,or other action has been finally resolved; j) In accordance with 2 CFR 200.336,it will provide HUD,the Office of the Inspector General,the Comptroller General of the United States,and IHCDA,or any of their authorized representatives,access to any documents, papers, or other records of the Recipient which are pertinent to the Award, in order to make audits, examinations,excerpts,and transcripts.The right also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. k) Except as permitted•by and in compliance with 24 CFR§570.489(j),the Recipient will not change the use or planned use of any real property within its control that was acquired or improved in whole or in part using the Award,from that for which the acquisition or improvement was made; 1) It guarantees total satisfactory performance of all work contemplated by this Agreement,and it shall take any and all action necessary including for purposes of illustration that which is requested by the Authority to correct or otherwise cure any problems or deficiencies identified by the IHCDA during its monitoring and evaluation; m)No information or statement furnished by it to the Authority contains, and no report required to be or otherwise delivered by it to the Authority will contain,any untrue statement of a material fact or will omit to state a material fact necessary to make such information,statements,or reports not misleading. 4. Term of Agreement/Period of Performance. This Agreement shall be effective as of August 31, 2018 (the Effective Date") and shall remain in effect until December 31,2018("Expiration Date") except as extended by CDBGD CPrY OP SOUTH BEND DR2OR 018-003 Recapture Page 2 of 24 written consent of the parties, unless sooner terminated as provided herein. Notwithstanding the foregoing, the Recipient must expend and disperse the entire amount of the Award within eighteen(18)months of th.e Effective Date of this Agreement. 5. Payment Schedule. The Authority shall disburse to the Recipient an amount not in excess of the Award as follows: a)Recipient shall submit to IHCDA,at least monthly,properly completed claims for reimbursement of allowable costs incurred by Recipient under this Agreement during the prior month; (b) claims shall be submitted using IHCDA's online claim system and pursuant to instructions issued by IHCDA. Disbursement by IHCDA is conditioned on: (x)IHCDA's receipt of all proper materials,receipts,and approvals provided herein,together with such other documentation as the Authority may, from time to time,request; (y)requested evidence that awarded funds are being expended in proportion to expenditures of match and leverage; and (z) appropriate assurance and/or evidence satisfactory to the Authority that the Recipient is in full and strict compliance with this Agreement and the Project. 6. Progress Reports. The Recipient shall submit progress reports to the IHCDA upon request. The report shall be oral,unless the IHCDA,upon receipt of the oral report,should deem it necessary to have it in written form. The progress reports shall serve the purpose of assuring the IHCDA that work is progressing in line with the proposal or schedule,and that completion can be reasonably assured on the scheduled date. 7. Compliance with Laws. a) Any action,review,recommendation, approval,or other activity taken by or on behalf of the Authority does not expressly or impliedly,directly or indirectly,suggest,represent,or warrant that the Recipient or the Project is in compliance with applicable statutes, rules, regulations, applications, or other statements. Rather, the Recipient acknowledges that it is solely responsible for all such matters. b) The Recipient shall comply with all applicable federal,state and local laws,rules,regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed by the IHCDA and the Recipient to determine whether the provisions of this Agreement require formal modification. c) The Recipient and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC§4-2-6 et seq.,IC§4-2-7,et.seq.and the regulations promulgated thereunder. If the Recipient has knowledge,or would have acquired knowledge with reasonable inquiry,that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1,has a financial interest in the Agreement,the Recipient shall ensure compliance with the disclosure requirements in IC 4-2-6- 10.5 prior to the execution of this Agreement. If the Recipient is not familiar with these ethical requirements, the Recipient should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the Recipient or its agents violate any applicable ethical standards, IHCDA may, in its sole discretion, terminate this Agreement immediately upon notice tot e Recipient. In addition, the Recipient may be subject to penalties under IC§§4-2-6, 4-2-7 35-44.1-1-4, and under any other applicable laws. d) The Recipient certifies by entering into this Agreement,that neither it nor its principal(s)is presently in arrears in payment of its taxes,permit fees or other statutory,regulatory or judicially required payments to the State. Further,the Recipient agrees that any payments in arrears and currently due to the State may be withheld from payments due to the Recipient.Additionally,further payments may be withheld,delayed,or denied and/or this pp Agreement suspended until the Recipient is current in its payments and has submitted proof of such payment to the State and the IHCDA. e) The Recipient warrants that it has no current or outstanding criminal,civil,or enforcement actions initiated by the State pending, and agrees that it will immediately notify the State and the IHCDA of any such actions. During the term of such actions,the Recipient agrees that IHCDA may delay,withhold,or deny work under any supplement,amendment or contractual device issued pursuant to this Agreement. CDB Cr-I)CITY OF SOUTH BEND DR2OR 018-003 Recapture Page 3 of 24 f) If a valid dispute exists as to the Recipient's liability or guilt in any action initiated by the State or its agencies, and the 1HCDA decides to delay,withhold,or deny funding to the Recipient,the Recipient may request that funding be continued. The Recipient must submit,in writing, a request for review to the Indiana DepartmentofAdministration("IDOA")following the procedures for disputes outlined herein.A determination by IDOA shall be binding on the parties. Any payments that the IHCDA may delay,withhold,deny,or apply under this Subsection(f)shall not be subject to penalty or interest except as permitted by IC 5-17-5. g) The Recipient warrants that the Recipient and its subcontractors,if any,shall obtain and maintain all requiredpermits,Iicenses,and approvals,and shall comply with all health,safety,and environmental statutes,rules,or regulations in the performance of work activities for the ICDA. Failure to do so is a material breach and grounds for immediate termination of this Agreement and denial of further payment by the IHCDA, h) The Recipient hereby affirms that,if it is an entity described in IC Title 23,it is properly registered and owes no outstanding reports with the Indiana Secretary of State. i) As required by IC 5-22-3-7: 1) The Recipient and any principals of the Recipient certify that(A)the Recipient,except for de minimis and nonsystematic violations,has not violated the terms of(1)IC 24-4.7(Telephone Solicitation Of Consumers), ii)IC 24-5-12(Telephone Solicitations) or(iii)IC 24-5-14(Regulation of Automatic Dialing Machines)in the previous three hundred sixty-five (365)days,even if IC 24-4.7 is preempted by Federal law;and(B)the Recipient will not violate the terms of IC 24-4.7 for the duration of this Agreement, even if IC 24-4.7 is preempted by Federal law. 2) The Recipient and any principals of the Recipient certify that au affiliate or principal of the Recipient and any agent acting on behalf of the Recipient or on behalf of an affiliate or principal of the Recipient(A)exceptfordeminimisandnonsystematicviolations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by Federal law; and (B)will not violate thetermsofIC24-4.7 for the duration of this Grant Agreement,even if IC 24-4.7 is preempted by Federal law. 8. Limitations on Expenditures of Program Funds. a) Costs associated with theenvironmental review,program delivery,or property acquisition maybe incurred by the Recipient, at its election,prior to the effective date of the Award. This authorization to incur such costs under the Award,however,including environmental program delivery,or property acquisition costs,does not constitute a guarantee that such costs will be paid or reimbursed by the Authority. All costs incurred by the Recipient prior to the effective date of the Award and receipt of a"Notice of Release of Funds"are incurred voluntarily,at the Recipient's risk,and upon its own credit and expense. b) Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under theEnvironmentalReviewProceduresapplicabletotheCDBGprogramsetforthin24C.F.R.Parts 50 and 58, and any successor statute or regulation,until such release is issued in writing. 9. Termination;Cancellation of Funding a) Termination. 1) The Authority may immediately suspend or terminate this Agreement if the Recipient fails to comply with any material term of the Agreement. 2) This Agreement may be terminated at any time, by either party,with or without cause, upon thirty(30) days written notice. Written notice of such termination must be sent to the other party by certified mail,return receipt requested,postage prepaid.After mailing of such notice of termination,no new or additional liabilities shall be incurred without the prior written approval of the Authority. b) For Convenience. This Agreement may be terminated,in whole or in part,by the Authority whenever,for any reason, the Authority determines that such termination is in the best interest of the Authority. Termination CDBG-D CITY OF SOUTH BEND DR2OR-018-003 Recapture Page 4 of 24 f. shall be effected by delivery to the Recipient of a Termination Notice, specifying the extent to which such termination becomes effective. The Recipient shall be compensated for completion of activities properly performed prior to the effective date of termination. The Authority.will not be liable for activities performed after the effective date of termination. c) Funding Cancellation. When the Executive Director of IHCDA or the Director of the State Budget Agency makes a written determination that funds are not available to support continuation of performance of this Agreement, the Agreement shall automatically terminate. Any determination by the Executive Director of I ICDA or the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. d) Cross-Default. This Agreement may be suspended and/or terminated innnediately if the Recipient has committed fraud or has misused or misappropriated funds received under this Agreement or another agreement between the Recipient and IHCDA. In this event IHCDA may de-obligate and/or're-distribute all or any portion of this award to another recipient. This section shall survive the termination or expiration of this • Agreement. Further,Recipient's breach or default of other agreements or obligations related to the Project shall constitute a material breach of this Agreement. e) Effect of Termination. Upon expiration or termination of this Agreement for any reason,the Recipient shall transfer to the Authority any unexpended funds on hand and any accounts receivable attributable to the use of the Award. 10. Insurance and Indemnification. a) Insurance. During the Term,the Recipient shall obtain and maintain,at its expense,with an insurer acceptable to IHCDA, comprehensive general liability coverage,including contractual coverage,with minimum liability limits of$500,000 per occurrence and$1,000,000 in the aggregate unless additional coverage is required by IHCDA. The Recipient shall deliver to the IHCDA a certificate of insurance as soon as practicable upon execution of this Agreement evidencing coverage or the IHCDA shall have the right to terminate this Agreement immediately. b) indemnification. The Recipient shall indemnify,defend,and hold harmless the IHCDA,its directors,officers, employees, and agents of and from any and all claims, losses, damages;or expenses (including reasonable attorneys'fees)arising out of or in any way related to(a)any breach or alleged breach by the Recipient of any provision of this Agreement or the Application or any material inaccuracy of any representation or warrant made by it herein,(b)any act or omission by the Recipient,its employees,agents,representatives or affiliates, directly or indirectly, related to its performance of this Agreement constituting negligence,recklessness or willful misconduct; and (c) any alleged failure on the part of the Recipient, its employees, agents, representatives or affiliates to comply with any federal,state and local Iaws and regulations. The Authority shall not provide such indemnification to the Recipient.. This subsection shall survive the termination or expiration of this Agreement. 11. Notice to Parties. Notice shall be deemed to have been given under this Agreement whenever any notice, statement,or other communication shall be delivered in person,or sent via overnight delivery service maintaining records of receipt to the address below,unless otherwise requested in writing: • a) To the Recipient: City of South Bend 227 West Jefferson Avenue-Suite 1400 N South Bend,IN 46601 Attention: IHCDA Award Administrator b) To the IHCDA: Indiana Housing and Community Development Authority 30 South Meridian Street,Suite 900 CDBGD CITY OF SOUTH BEND DR2OR-Ot8-003 Recapture Page 5 of 24 Indianapolis,IN 46204 Attention: CMG-DR-2 With a copy to: David Stewart,General Counsel Indiana Housing and Community Development Authority 30 S.Meridian Street,Suite 900 Indianapolis,IN 46204 c) Awarding Official: IHCDA J.Jacob Sipe,Executive Director 30 S.Meridian Street 900 Indianapolis,IN JSipe(a ihcda.IN.gov The parties may change the foregoing notice addresses by providing notice of such change to the other party in accordance with this Section 11. 12. Lobbying Activities. Pursuant to 5 U.S.C. § 1502 and 31 U.S.C. § 1352(and any applicable successor sections), and any regulations promulgated thereunder, the Recipient hereby certifies that no Federally appropriated funds have been paid or will be paid by or on behalf of the Recipient to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress,in connection with the awarding of any Federal contract,the making of any Federal award,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment to, or modification of any Federal contract, award, loan, or cooperative agreement. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress, the Recipient must complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. 13. Non-Discrimination Clause.Pursuant to the Indiana Civil Rights Law,specifically including Indiana Code§22-9- 1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the American with Disabilities Act,the Recipient covenants that it shall not discriminate against any employee or applicant for employment relating to this Agreement with respect to hire, tenure,terms,conditions or privileges of employment or any matter directly or indirectly related to employment because of the employee or applicant's race,age,color,religion,sex,disability,national origin,ancestry,or status as a veteran,or any other characteristic protected by federal, state, or local law("Protected Characteristics"). Furthermore, the Recipient certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. The Recipient understands that II-ICDA is a recipient of federal funds,and therefore,where applicable,the Recipient and its subcontractors agree to comply with requisite affirmative action requirements,including reporting pursuant to 41 CFR Chapter 60,as amended and Section 202 of Executive Order 11246. The Recipient will be required to document compliance with all nondiscrimination laws,executive orders,and regulations. 14. Drug-Free Workplace Certification.This clause is required by Executive Order 90-5 and applies to all individualsandprivatelegalentitieswhoreceivegrantsorcontractsfromStateagencies.This clause was modified in 2005 to apply only to Recipient's employees within the State of Indiana and cannot be further modified,altered or changed.As required by Executive Order No.90-5,April 12, 1990,issued by the Governor of Indiana,the Recipient herebycovenantsandagreestomakeagoodfaithefforttoprovideandmaintainadrug-free workplace.Recipient will give written notice to IHCDA within ten(10)days after receiving actual notice that the Recipient,or an employee of the Recipient in the State of Indiana;has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of the certification may result in sanctions including,but not limited to,suspension of grant payments,termination of the Grant and/or debarment of grant opportunities with the State of Indiana for up to three(3)years. CDBG-D CITY OF SOUTH BEND DIt2OR 018-003 Recapture Page 6 of 24 In addition to the provisions of the above paragraphs,if the total amount set forth in this Agreement is in excess of 25,000.00,the Recipient certifies and agrees that it will provide a drug-free workplace by: a) Publishingand providingto all of its employees a statement notifying employees that the unlawfulp manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions that will be taken against employees for violations of such prohibition;and b) Establishing a drug-flee awareness program to inform employees about(1)the dangers of drug abuse in the workplace;(2)the Recipient's policy of maintaining a drug-free workplace;(3)any available drug counseling, rehabilitation,and employee assistance programs;and(4)the penalties that may be imposed upon an employee for drug abuse violation occurring in the workplace; c) Notifying all employees in the statement required by subparagraph(a)above that as a condition of continued employment the employee will (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug use conviction for a violation occurring in the workplace no later than five(5)days after such a conviction; d) Notifying in writing the contracting State Agency and the Indiana Department of Administration within ten 10) days after receiving notice from an employee under subdivision (c)-(2) above, or otherwise receiving' . actual notice of a conviction; e) Within thirty(30) days after receiving notice under subdivision (c)-(2) above of a conviction,imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee,up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency;and f) Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs(a) through(e)above. 15. Independent Contractor. All parties hereto, in the performance of this Agreement,will be acting in an individual capacity and not as agents, employees,partners,joint venturers, or associates of one another. The employees of one party shall not be deemed or construed to be the employees or agents of the other parties for any purpose whatsoever. Except as provided in Section 10(b),neither party will assume liability for any injury to any persons, or any damage to any property,arising out of the acts or omissions of the agents,employees,or subcontractors of the other party. 16. Work Standards. The Recipient shall each execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If the Authority becomes dissatisfied with the work product of or the worldng relationship with those individuals assigned to perform activities pursuant to this Agreement,the Authority may request in writing the replacement of any or all such individuals, and the Recipient shall grant such request 17. Assurances and Certifications. The Recipient agrees to comply with the"Assurances and Certifications"set forth in Exhibit C. Those "Assurances and Certifications" are fully incorporated herein, and made a part hereof by reference. Any material inaccuracy of any representation or warranty contained therein shall constitute a material breach of this Agreement,for which the Authority may terminate this Agreement. The Recipient further certifies that it will comply with the requirements and standards of all applicable provisions in the following: - a) Post federal award requirements in 2 CFR 200 Subpart D,Cost principles in 2 CFR 200 Subpart E,and Audit Requirements set forth in 2 CFR 200 Subpart F;and b) Subpart K—Other Program Requirements,24 CFR§§570.601 to 570.614. CDBG-D CITY OF SOUTH BEND DR2OR 018-003 Recapture Page 7 of 24 18. Audits. The Recipient shall submit to an audit of funds paid through this Agreement and/or an onsite monitoring review of the Project by IHCDA or its designee. The Recipient shall make all books,accounting records and otherdocumentsavailableatallreasonabletimesduringtheTermofthisAgreementandforthegreaterofthree(3)years from closeout of the State of Indiana's grant between HUD,or the period required by other applicable Iawsandregulationsasdescribedin24CFR570.487 and 24 CFR §570.488. Records shall be retained beyond theprescribedperiodifanylitigation,claim, negotiation, audit,or other action is begun involving this Agreement or the Project. Copies shall be furnished to the IHCDA at no cost. a) If Recipient expends$750,000 or more in federal awards during the Recipient's fiscal year it must submit its single audit to the IHCDA within the earlier of thirty(30)days after receipt of the auditor's report(s),or nine 9) months after the end of the audit period. The Recipient must also submit its audit to the Federal Audit Clearinghouse. If the Recipient expends less than$750,000 in federal awards it must submit its audited financial statements or 990 (IRS Form 990,Return of Organization Exempt From Income Tax)to IHCDA within the earlier of thirty 30)days after receipt of the auditor's report(s),or nine(9)months after the end of the audit period. b) Any auditor performing a single or program specific audit for the Recipient must comply with 2 CFR 200.501. c) Sanctions: IfRecipient does not adhere to the policies referenced in subparagraphs A and B of this section,at IHCDA's sole discretion,it may take appropriate action using sanctions such as: 1) Withholding a percentage of this funding until the audit is completed satisfactorily; 2) Withholding or disallowing claims; 3) Suspending all funding from any IHCDA awards until the audit is conducted;or 4) Terminating this Agreement. 19. Federal Funding Accountability and Transparency Act of 2006 ("FFATA"). In accordance with 2 CFR 200.300(b),FFATA reporting requirements will apply to any funding awarded by IHCDA tinder this Agreement intheamountof $25,000 or greater. The Recipient, as a sub-recipient, must provide any information needed pursuant to these requirements. This includes entity information,the unique identifier of the Recipient,the uniqueidentifierofRecipient's parent,and relevant executive compensation data, if applicable(see subsection C below regarding executive compensation data). a) Data Universal Numbering System(DUNS)number. Pursuant to FFATA reporting requirements and in order to receive funding under this Agreement,the Recipient shall provide IHCDA with a valid Dun&Bradstreet D&B") Data Universal Numbering System("DUNS")number that identifies the Recipient. Accordingly, the Recipient shall register for and obtain a DUNS number within fifteen (15) days of execution of thisAgreementifitdoesnotcurrentlyhaveaDUNSnumber. A DUNS number may be requested from D&B by telephone(currently 866-705-5711)or the Internet(currently athttp://fedgov.dnb.com/webform): b) System for Award Management(SAM). The Recipient shallregister in the System for Award Management SArb1"), which is the primary registrant database for the U.S- Federal Government,and shall enter any information required by HATAkinto the SAM, update the information at least annually after the initial registration, and maintain its status in the SAM through the Expiration Date of this Agreement. Information regarding the process to register in the SAM can be obtained at https:l/www.sam.gav/portallpublic/SAM/. c) Executive Compensation. The Recipient shall report the names and total compensation of the five (5)most highly compensated officers of Recipient in SAM if the Recipient in the preceding fiscal year received eighty percent(80%)or more of its annual gross revenues from Federal contracts and Federal financial assistance(as defined at 2 CFR 170.320) and $25,000,000 or more in annual gross revenues from Federal contracts andfederalfinancialassistance (as defined at 2 CFR 170.320); and if the public does not have access to thisinformationaboutthecompensationoftheseniorexecutivesoftheentitythroughperiodicreportsfiledunder section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.§§78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. The Recipient may certify that it received less than eighty percent ij 80%) of annual gross revenues from the federal government, received less than $25,000,000 of its annual gross revenues from the federal government, already provides executive compensation to the Securities Exchange Commission, or meets the Internal Revenue Code exemption, and will not be required to submit I CDBDR2OR- 018-003 G-D CITY OP BOOTH BEND page 0 Recapture executive compensation data into the SAM under FFATA,provided,that the Recipient shall still register and submit the other data requested. 20. Indirect Cost Rate. According to 2 CFR 200.414(f), the Recipient may charge a de minimis rate of 10% of modified total direct costs(MTDC). As described in 2 CFR 200.403,Factors affecting alloviability of costs,costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistentlychargedasboth. If chosen,this methodology once elected must be used consistently for all Federal awards untilsuchtimeastheRecipientchoosestonegotiateforarate,which the Recipient may apply to do at any time. A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to a FederalcognizantagencyforindirectcostsormaintainedonfilebytheRecipient,must be certified by the Recipient usingtheCertificateofCostAllocationPlanorCertificateofIndirectCostsassetforthinAppendicesIIIthroughVII,and Appendix IX in 2 CFR part 200. The certificate must be signed on behalf of the Recipient by an individual at a level no lower than vice president or chief financial officer of the Recipient. 21. Employment Eligibility Verification. As required by IC §22-5-1.7, the Contractor swears or affirms under the penalties of perjury that the Contractor does not laiowingly employ an unauthorized alien. The Contractor further agrees that: The Contractor shall not knowingly employ or contract with an unauthorized alien.The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. 22. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State ofIndiana. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of this Agreement. 23. Headings. The headings and subheadings herein are for the convenience of the parties hereto and shall have no legal effect upon the construction of this Agreement. 24. Non-Waiver. No waiver, forbearance, or failure by any party of its right to enforce any provision of this Agreement shall constitute a waiver or estoppel of such party's right to enforce such provision in the.future. 25. Publicity. The parties shall cooperate with respect to all public statements regarding the subject matter of thisAgreement. The parties agree that any publicity release or other public reference, including but not limited tomediareleasesandinformationalpamphletsrelatingtotheProjectandanyservicesfundedunderthisAgreement, will clearly state that all activities and services are provided without regard to race, age, color, religion, sex, disability,national origin,ancestry,or status as a veteran. 26. Severability. The invalidity of any provision of this Agreement shall not invalidate the remaining provisions of this Agreement. 27. Exhibits. Exhibits A,B,C and Appendix A are attached hereto are fully incorporated herein. 28. Order of Precedence. Any inconsistency or ambiguity in this Agreement shall be resolved Awavingrd precedencereed(4) c in the following order: (1)the Agreement, (2)the Exhibits prepared by the IHCDA,( ) he Application,and(5)the Exhibits prepared by the Recipient. Dl orz o s-oo3 ICDBG-D CITY OF SOUTH BEND Page 09 of 24 Recapture Non-Collusion and Acceptance The undersigned attests,subject to the penalties for perjury,that the undersigned is the Recipient,or that the undersigned istheproperlyauthorizedrepresentative,agent,member or officer of the Recipient.Further,to the undersigned's knowledge,neither the undersigned nor any other member, employee, representative, agent or officer of the Recipient, directly orindirectly,has entered into or been offered any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that a state officer, employee,or special state appointee,as those terms are defined in IC 4-2-6-1,has a financial interest in the Agreement,the Recipient attests to compliance with the disclosure requirements in XC 4-2-6-10.5. In Witness Whereof, Recipient and IHCDA have, through their duly authorized representatives, entered into thisAgreement. The parties, having read and understood the foregoing terms of this Agreement, do by their respective signatures dated below hereby agree to the terms thereof. tkPPRO City of Soubotivid of Puhije Works Indiana Housing and Community Development Authority: By:By: Printed Na rWAS" -Printed Name: J.Jacob Sipe miry- Title: Title:Executive Director Date: /—,Lt ».Date: Grant Number D 1_ 0 : 00 CFDAN•-i;,, DR2OR-018-003 CDB G-D CITY OF SOUTH BEND page 10 of 24 Recapture EXHIBIT A is ADDITIONAL PROGRAMMATIC,STATUTORY AND REGULATORY REQUIREMENTS Agreement Number: DR2OR-018-003 Recipient: City of South Bend Funding Source/Activity Type: CDBG-D The award recipient is bound by the contents of the Indiana Housing and Community Development Authority's IHCDA's)Community Development Block Grant application package,CDBG Award Manual,FSP Memos,Red Notices,FAQs,the Recipient's approved application,and any other IHCDA policy,directives,or memoranda that may be published from time to time. AGREEMENT EXECUTION The Recipient must execute and return this Agreement to the Indiana Housing and Community Development Authority IHCDA)no later than October I,2018. PROGRAM INCOME Program income, as defined in 24 CFR § 570.500(a), received by the Recipient is to be returned to the Authority upon expiration and/or Closeout of the Award. CLOSEOUT A. The Recipient must submit, no later than the Expiration Date, all financial, performance information and other information as required by the tens and conditions this Agreement and IHCDA's Administrative Plan. B. The closeout of a Federal award does not affect any of the following: 1. The right of IHCDA to disallow costs and recover funds on the basis of a later audit or other review. 2. The obligation of the Recipient to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. 3. Audit requirements in subpart F of 2 CFR part 200. 4. Real property requirements set forth in 24 CFR 570.505 and 2 CFR 200(j) and requirements related to program income in 24 CFR 570.504. 5. Records retention requirements as set forth herein. PUBLIC ACCESS TO PROGRAM RECORDS Notwithstanding 2 CFR 200.337, the Recipient shall provide citizens with reasonable access to records regarding the past use of CDBG funds,consistent with applicable State and local laws regarding privacy and obligations of confidentiality. INELIGIBLE COUNTIESTheRecipientagreesandunderstands that the ten(10)counties,listed below,are ineligible to receive and/or utilize CDBG- D funding and are ineligible areas for the Recipient to conduct any activities related to the Project. Accordingly, theRecipientwillberequiredtorepayIHCDAforanycostsincurredforanypartoftheProjectundertakeninanyofthe counties,listed below. Blackford Clinton Delaware Howard Lagrange Miami • Steuben Tipton Warren Wells AFFORDABILITY PERIOD CDBG D CITY OF SOUTH BEND DR20R 018-003 Page U of 24 l Recapture The Recipient must ensure that a lien is executed and recorded on every property that receives assistance through theProject. The Recipient must execute a lien and restrictive covenant prepared by IHCDA. The affordability period for a property starts at the time that the Recipient submits its completion reports for that property to IHCDA and these reports areapproved. Therefore,it is in the homeowner's best interest for the Recipient to submit the completion reports to IHCDA as soon,as possible. RECAPTURE OF ASSISTANCE Recapture Event, if any of the following events occurs,IHCDA will recapture the amount of amount of eligible CDBGD funding associated with the rehabilitation including,ER,Lead and Program Delivery. A. the homeowner transfers or conveys the property by deed,land contract,or otherwise; B. foreclosure proceedings are commenced against the property; C. the Real property is transferred by an instrument in lieu of foreclosure;or D. the title to the property is transferred from the homeowner through any other involuntary means. However,if the property is transferred or conveyed to a new owner,who meets the income requirements associated with theProject[income documentation must be approved by IHCDA],agrees to execute a lien and restrictive covenant prepared by IHCDA and use the property as his or her principle residence for the remainder of the affordability period,no recapture of CDBG-D funds are required. If the homeowner passes away during the affordability period,the lien still must be paid off like any other mortgage or lien,however if the property is sold to another low income family who is willing to maintain a lien on the property for theremainderoftheaffordabilityperiodandusethepropertyashisorherprincipleresidence,no recapture of funds is required. Once the homeowner dies the lien will not be forgiven past that date. AMOUNT OF RECAPTURE The amount to be recaptured shall be shall be reduced on a pro rata basis,by dividing the amount of time the homeowner(s) has used the housing for a principal residence during the Affordability Period by the total amount of time in the affordability period If there are not any proceeds,there is no amount to recapture.The net proceeds are the total sales price minus allloanand/or lien repayments. The forgiveness ratio is the ratio that calculates the amount of the subsidy that is forgiven. This ratio shall be calculated at the time of a Recapture Event,by dividing the number of full months that owner occupiesthepropertyasitsprincipalresidencebythetotalofnumberofmonthsintheaffordabilityperiod. The Recipient isultimatelyresponsibleforrepayingIHCDAforanyCDBG-D funds utilized for any housing rehabilitated,or repaired that does not remain affordable for the entire affordability period. NON-COMPLIANCE.Non-compliance occurs during the affordability period when any of the following occur: 1) the homeowner no longer occupies the property as his or her principal residence(i.e.,the property is rented or vacant),or 2)the property was soldduringtheaffordabilityperiodandtherecaptureprovisionswerenotenforcedand/or neither IHCDA nor the Recipientreceivednotice. In the event of noncompliance,the owner must repay the entire amount of the CDBG-D funds that wereinvestedintotheproperty. Net Proceeds("as defined above")and the forgiveness are not applicable when there is a non-compliance. THEREFORE,IT IS IMPERATIVE THAT TNF OWNER DOES NOT ABANDON OR LEASE THE PROPERTY DURING THE AFFORDABILITY PERIOD. FORM OF ASSISTANCETheRecipientmustprovide this award as a recoverable grant,amortized loan,or deferred loan directly to the beneficiary. LEVERAGING FUNDS There is a ten percent(10%)leveraging requirement for the Award. Proposed leveraging funds should be expended on a pro rata basis with CDBG-D funds to the greatest extent possible. Documentation of eligible leveraging funds expenditure must be submitted to IHCDA with completion reports. In the event an award, considered as eligible CDBG-D leverage, is not made to the housing activity,the Recipient mustprovideverificationofanalternatesourceofCDBG-D leverage funding. In the event an eligible source of funding is not secured,all funds under this Agreement will be recaptured by IHCDA. CDBG-D CITY OF SOUTH BEND DR2OR 018-003 Recapture Page 12 of 24 Contributions of volunteer labor and materials may not be taken into account as such when determining the lowest bid;the total bid(including all volunteer contributions)must be used. Contributions of volunteer labor and materials must be documented. Receipts or comparable documentation of price ofdonatedmaterialsmustbeprovided. Volunteer hours must be documented by actual labor hours expended per housing activity at the usual rates of pay for skilled workers or$10 per hour for unskilled workers. Any eligible leverage used for the Award will be documented. These eligible sources of leverage may be used or shared tomeetrequirementsforafuturehousingactivity. Please contact your IHCDA Real Estate Production Analyst to discuss eligible forms of match/leverage. DAVIS-BACONTheDavis-Bacon Act requires that workers on certain federally assisted housing activities receive no less than theprevailingwagesbeingpaidforsimilarwork. Prevailing wages are computed by the U.S.Department of Labor and areissuedintheformofafederalwagedeterminationforeachclassificationofwork. The Davis-Bacon Act applies to awards is for the following activities that are funded in whole or in part by CDBG-D funds:(1)the rehabilitation or new constructionofresidentialpropertycontainingatotalofeight(8)or more units(this includes both assisted and non-assisted or market rate units); or (2) the construction, alteration and/or repair, or painting of a public building or facility; or (3) anyconstructionworkonnon-residential property valued at more than$2,000.00. Therefore,if CDBG-D funds fmance only a portion of the construction work,labor standards are applicable to the entire project. If the Project meets any of the criteria described in the paragraph above,the Recipient certifies that it will comply with theDavisBaconActandincludetheDavisBaconProvisionscontainedinHUDForm4010andreferencedinExhibitDofthisAgreementintoallcontractswithanycontractorworkingontheProjectcurrentlyorhereafter. Accordingly,Recipient and or any contractor working on the Project shall pay approved Davis Bacon wages weekly to employees and/orsubcontractors,monitor the compliance of contractors and subcontractors working on the Project,ensure that WH347 forms and/or certified payrolls are submitted to any designee of IHCDA for labor standards monitoring,ensure that contract andbidspecificationscontaintheapplicablewagedecision,verify that contractors are nbt listed on federal Excluded Parties ListSystem(EPLS)for debarred or suspended contractors,and comply with the posting and notification requirements set forth in 29 CFR 5.5(a)and 29 CFR 5.6. The Recipient is responsible for contacting its IHCDA Compliance Monitor to ascertain whether Davis-Bacon wages are required. If Davis-Bacon is applicable, the Recipient may contact its IHCDA Compliance Monitor to set up a pre- construction conference. MEANINGFUL ACCESS FOR LIMITED ENGLISH PROFICIENT PERSONSPersonswho, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP") may be entitled to language assistance under Title VI in order to receive a particular service,benefit, or encounter. In accordance with Title VI of theCivilRightsActof1964(Title VI)and its implementing regulations,the Recipient agrees to take reasonable steps to ensuremeaningfulaccesstoactivitiesfundedwithCDBG-D funds or DR-2 Funds by LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents, advertisements, or notices,acquiring interpreters for face to face interviews with LEP persons, placing advertisements and notices in newspapers that serve LEP persons, partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project, hiring bilingual employees or volunteers for outreach and intake activities,contracting with a telephone line interpreter service,etc. UNIFORM RELOCATION ACTCommitmentoffundstohousing activities for any acquisition, rehabilitation, demolition, purchase assistance, and/orrelocationactivitiesisconditioneduponIHCDAverificationofcompliancewiththeUniformRelocationAssistanceandRealPropertyAcquisitionPoliciesActof1970(URA),as amended,and the implementing regulations at 49 CFR Part 24. SUBSTANTIAL RECONSTRUCTION/REPLACEMENT HOUSING DR20&OI8-003 CDBGD CITY OF SOUTH BEND Page I of-003 Recapture e 1 Proposed reconstruction or demolition and replacement of units must be approved by IHCDA prior to the commitment of funds. Manufactured replacement housing requires specific approval as well. Refer to IHCDA's Substantial Reconstruction Policy for detailed requirements. s CITIZEN PARTICIPATIONTheRecipientmustconductat least two(2).public hearings,for the purpose of obtaining citizens'input and formulating orrespondingtoproposalsandquestionsabouttheProject. The first hearing should be conducted before the Recipientsubmitsitsapplication. The second hearing must be conducted after the Project is completed but before the Recipient submits its closeout documents. Together, the hearings must address community development and housing needs, development of proposed activities and review of program performance. A legal notice must be published to announce the meeting and the minutes of the meeting must be retained by the Recipient. It is acceptable to conduct the heating during anyregularlyheldpublicmeeting, such as a town council meeting,provided all other requirements are met. Recipient mustconductthehearingsinaccordancewiththeguidancesetforthintheAwardManual. The Recipient shall establish procedures for responding to citizen's complaints regarding the activities carried out utilizingthesefunds. Citizens should be providing with air appropriate address,phone number, and times during which they maysubmitsuchcomplaints. The Recipient should provide a written response to every citizen complaint within fifteen (15) working days of the complaint. RELIGIOUS ORGANIZATIONSOrganizationsthatarereligiousorfaith-based are eligible,on the same basis as any other organization,to participate in the CDBG program. Organizations that are directly funded under the CDBG program may not engage in inherently religiousactivities, such as worship,religious instruction, or proselytization, as part of the assistance funded under this part. If anorganizationconductssuchactivities,the activities must be offered separately, in time or location, from the assistance funded under this part,and participation must be voluntary for the beneficiaries of the assistance provided. A religious organization that participates in the CDBG program will retain its independence from Federal,State,and localgovernments, and may continue to carry out its mission, including the definition,practice,and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship,religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities, without removing religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis,and include religious references in its organization's mission statements and other governing documents. An organization that participates in the CDBG program shall not, in providing program assistance, discriminate against aprogrambeneficiaryorprospectiveprogrambeneficiaryonthebasisofreligionorreligiousbelief. I CDBG funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for'inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under this part.Where a structure is used for both eligible and inherently religious activities,CDBG funds may not exceed the cost of thoseportionsoftheacquisition, construction,or rehabilitation that are attributable to eligible activities in accordance with thecostaccountingrequirementsapplicabletoCDBGfundsinthispart. Sanctuaries, chapels, or other rooms that a CDBGfundedreligiouscongregationusesasitsprincipalplaceofworship, however, are ineligible for CDBG-fundedimprovements. Disposition of real property after the term of the grant,or any change in use of the property during the termofthegrant,is subject to government-wide regulations governing real property disposition(see 2 CFR 200.311). LEAD-BASED PAINT 1992FTheLead-Based Paint Poisoning Prevention Act(--4846),the Residential Lead-Based Paint Hazard Reduction Act of I 40 992 42 U.S.C.§§4851-4856),and implementing regulations in 24 CFR part 35,subparts A,B,H,J,K,M,R,and apply to all housing occupied by program participants. Lead-based paint requirements apply to dwelling units built prior to1978thatareoccupiedorcanbeoccupiedbyfamilieswithchildrenundersixyearsofage, excluding zero bedroom1dwellings. Accordingly the Recipient must ensure that the following steps are being taken: v 1. Provision of all prospective families with"Protect Your Family from Lead in Your Home", 2. Disclosure of known lead-based paint hazards to prospective tenants before the lease is signedDRz012 Ons-003 CDBG-D CITY OF SOUTH BEND Page 11 - 003 I Recapture kc J 3. Performance of a risk assessment for deteriorated paint, 4. Stabilization of deteriorated painted surfaces and performance of hazard reduction activities, 5. Notification of tenants each time such an activity is performed, 6. Conducting all work in accordance with HUD safe practices, 7. Maintaining records concerning paint stabilization by owners of deteriorated paint. Performing clearance examinations after paint stabilization and before re-occupancy. 9. Performing ongoing lead-based paint maintenance when there is an ongoing relationship with HUD. 10. If the Recipient is notified by a public health department or other medical health care provider, or verifiesinformationfromasourceotherthanapublichealthdepartmentormedicalhealthcareprovider,that a child of less than 6 years of age, living in an HOPWA assisted unit has been identified as having an environmental intervention blood lead level("EIBLL"),the Recipient must complete a risk assessment of the dwelling unit. The risk assessment must be completed in accordance with program requirements, and the result of the riskassessmentmustbeimmediatelyprovidedtotheownerofthedwellingunit.In cases where the public health department has already completed an evaluation of the unit,this information must be provided to the owner. 11. Maintaining records of actions taken concerning a child with an EIBLL in a covered unit. 12. As part of ongoing maintenance asking each family to report deteriorated paint. SECTION 3 REQUIREMENTSAnyrecipientreceivinganaggregate amount of$200,000 or more from one (1) or more of the HUD CPD programs (i.e.CDBG, HOME, NSP,HOPWA,ESG, etc.)in a program year must comply with the Section 3 requirements. Section 3providespreferencetolow- and very-low-income residents of the local community (regardless of race or gender) and the businesses that substantially employ these persons,for new employment, training, and contracting opportunities resulting from HUD-funded projects. MBE/WBETheRecipient shall exercise their "best efforts" to ensure that MBE/WBE's are given the opportunity to participate inCDBGfundedcontracts,including contracts for services,supplies and construction activities. Indiana has adopted a goal of ten percent (10%) aggregate participation for minority- and/or women-owned business enterprises in CDBG funded projects. The Recipient must maintain documentation supporting their"best efforts"for monitoring and auditing purposes.The Recipient must document solicitation of MBE/WBE firms through Certified Mail receipts, Certificates of Mailing,receipts from hand-delivery of notices,or email.For email notification,the Recipients should use a`delivery receipt'and/orreadreceipt' function on the email and maintain a copy of both the email and the verification that it was delivered and/or opened. FAIR HOUSINGTheRecipientmust take steps to affirmatively further fair housing; and when gathering public input, planning, andimplementinghousingrelatedactivities,will include participation by neighborhood organizations,community developmentorganizations, social service organizations, community housing development organizations, community development organizations,and members of each affected community or neighborhood which might fall into the assistance category of low and moderate income communities. MODIFICATIONS The Recipient must contact IHCDA prior to requesting an amendment or modification that affects the budget,activities,beneficiaries,or time frame for accomplishing the proposed activities. Substantial amendments may be cause for IHCDA toreviewtheApplicationsubmittedtodeterminewhethertheProjectismeetingisstatedgoalsandtimelines. This Agreement may not be modified except by an instrument in writing executed by each of the parties hereto CONFIDENTIALITY The Recipient must adopt procedures to ensure that all client information is handled and maintained in a confidentialmannerandincompliancewiththerequirementsofallapplicablestateorfederallaws,rules,and regulations,including,but not limited to,those relating to the release of Social Security numbers in I.C. § 4-1-10 and the notice of security breach provisions in I.C. §4-1-11. Confidential information means any individually identifiable information, whether oral or written, about the participants who receive services and/or assistance from grantees and/or sub-recipients of the IHCDA. Employees,agents, contractorsorotherswhorequireaccesstoconfidentialclientinformationmustsignaconfidentialityagreementcommensuratewiththe conditions set forth in this Agreement. CDBG-D CITY OF SOUTH BEND Page I DR20&OI8--003 003 j Recapture I BONDING REQUIREMENTS For any construction contracts or subcontracts exceeding$100,000,the following is required: A. A bid guarantee from each bidder equivalent to five percent(5%)of the bid price.The"bid guarantee"shall consist of a ficin commitment such as a bid bond,certified check,or other negotiable instrument accompanying abidasassurancethatthebidderwill,upon acceptance of his bid,execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for one hundred percent(100%)of the contract price. performance bond"is a bond executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for one hundred percent(100%)of the contract price.A"payment bond"is a bond executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. D. Where bonds are required, The bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223,"Surety Companies Doing Business with the United States." LIEN WAIVERSForanyconstruction contract or subcontract exceeding$100,000,the Recipient must ensure that each contractor executes alienwaiverforallservices, construction work performed, materials furnished, and equipment and fixtures furnished.THCDA must receive copies of any and all affidavits,indemnity agreements,lien waivers,certificates,and other documents as requested. FLOOD PLAIN PROHIBITIONTheAwardcannotbeusedtorehabilitate a home where it or its land is located within the boundaries of a one hundred 100)-year floodplain. CONSTRUCTION SIGNAGE If construction signage is used that mentions the names of any specific funding entities, the Indiana Housing and Community Development Authority's name shall appear on such signage. CONFLICT OF INTEREST POLICYTheRecipientmustmaintainwrittenstandards of conduct covering conflicts of interest and governing the performance of its employees engage in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection,award,or administration of a contract supported by the Award if he or she has a real or apparentconflictofinterest. Such a conflict of interest would arise when the employee,officer,or agent,any member of his or herimmediatefamily,his or her partner, or an organization which employs or is about to employ any of the parties indicatedherein,has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.The officers,employees,and agents of the Recipient may neither solicit nor accept gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. However, the Recipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide fordisciplinaryactionstobeappliedforviolationsofsuchstandardsbyofficers,employees,or agents of the Recipient. If the Recipient has a parent, affiliate,or subsidiary organization that is not a state, local government,or Indian tribe,theRecipientmustalsomaintainwrittenstandardsofconductcoveringorganizationalconflictsofinterest. Organizationalconflictsofinterestmeansthatbecauseofrelationshipswithaparentcompany, affiliate, or subsidiary organization, theRecipientisunableorappearstobeunabletobeimpartialinconductingaprocurementactioninvolvingarelated organization. The Recipient's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given toconsolidatingorbreakingoutprocurementstoobtainamoreeconomicalpurchase.Where appropriate,an analysis will bemadeofleaseversuspurchasealternatives,and any other appropriate analysis to determine the most economical approach. CDBG-D CITY OF SOUTH BEND 03 lPage DR2OR-018-003-003 Recapture CONFLICT OF INTEREST DISCLOSURE The Recipient must disclose in writing any potential conflict of interest to IHCDA. MANDATORY DISCLOSURE The Recipient must disclose,in a timely manner,in writing to IHCDA all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The Recipient's failure to make these disclosures may subject to the Recipient to remedies of noncompliance set forth in 2 CFR 200.338, which includes suspension or debarment, INTERNAL CONTROLS The Recipient must: A. Establish and maintain effective internal control over federal funds that provides reasonable assurance that the Recipient is managing federal funds in compliance with Federal statutes,regulations, and the terms and conditions of the federal funding. These internal controls should be in compliance with guidance in Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission(COSO}. B. Comply with Federal statutes,regulations,and the terms and conditions of federal funds. C. Evaluate and monitor the Recipient's compliance with statutes,regulations and the terms and conditions of the federal funds. D. Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. E. Take reasonable measures to safeguard protected personally identifiable information and other information that IHCDA or HUD designates as sensitive or the Recipient considers sensitive consistent with applicable Federal,state,local,and tribal laws regarding privacy and obligations of confidentiality. CDBG-D CITY OF SOUTH BEND DR20R 018-003 Recapture Page 17 of 24 FF. S EXHIBIT 13 BUDGET Agreement Number: DR2OR-018-003 Recipient: City of South Bend Funding Source/Activity Type: CDBG-D Ei is Budget Line-Item Total Allowable Amount Contract for Hazard Control Work 118,750 Staff Support 10,161 Personnel(Direct Labor) 6,250 Fringe Benefits 8,745 Total Match 143,906 E is Er CDBG-D CITY of SOUTH BEND DR2OR-018-003 Recapture Page 18 of 24 CONSTRUCTION SCHEDULE RECIPIENT MUST INDICATE THE MONTH AND YEAR THESE BENCHMARKS WILL BE COMPLETED WITHIN THE TERM OF THE AWARD Effective date August 31,2018 Expiration date December 31,2018 ACTIVITY Percentage Percentage of funds drawn on November 1,2018 Recipients will be required to explain the cause of any delay(s)and provide a detailed timeline:Not meeting these benchmarks could result in de-obligation of funds and will be taken into consideration on future applications with a possible deduction of points. Meeting or exceeding benchmarks will be taken into consideration with possible bonus points 9 i CDBG-D CITY OF SOUTH BEND DR2OR 018-003 Page 19 of 24 Recapture EXHIBIT C CDBG-D ASSURANCES AND CERTIFICATION The Recipient or Borrower hereby represents and warrants that: 1) It possesses legal authority to execute the proposed program. 2) Its governing body has duly adopted or passed as an official act a resolution,motion or similar action authorizing theexecutionofthisAgreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Recipient or Borrower to act in connection with this Agreement and to provide such additional information as may be required. 3) It has complied with all requirements of Executive Order 12372,and that either: A. Any comments or recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application;or B. The required procedures have been followed and no comments or recommendations have been received prior to submission of the application. 4) It has facilitated or will facilitate citizen participation by: A. Publishing a statement of proposed activities so that affected citizens have an opportunity to submit comments on the proposed activities and community development performance of the Recipient or Borrower; B. Providing adequate notices for two or snore public hearings,specifically to persons of low and moderate income; C. Holding two or more public hearings on the proposed application at times and locations convenient to potentialbeneficiaries, convenient to the physically disabled, and meeting needs of non-English speaking residents, if appropriate,to obtain citizens'views before adoption of a resolution or similar action by the local governing body authorizing the filing of the application;D. Providing citizens information concerning the amount of funds available for proposed community development activities and the range of those activities; E. Providing citizens with information concerning the amount of funds that will benefit persons of low and moderate income; F. Furnishing citizens with the plans made to minimize the displacement of persons and to assist persons actually displaced as a result of program activities; G. Providing technical assistance to groups representing persons of low and moderate income requesting such assistance in developing proposals; H. Providing citizens with reasonable notice•of substantial changes proposed in the use of program funds and providing opportunity for public comment; I. Providing citizens with reasonable access to records regarding the past use of CDBG funds received;and I. Ensuring that any modifications or amendments of the program that are made from time to time will be made in accordance with the same procedures required in(d)for the preparation and submission of a statement of proposed activities. 5) It has developed a cotnmunity development plan,which at a minimum, A. Identifies the Recipient or Borrower's community development needs and housing needs;and B. Specifies both the short-term and long-term community development objectives that have been developed in accordance with the primaty objectives of 24 CFR Part 570. 6) The Community Development program has been developed to give maximum feasible priority to activities which willbenefitlowandmoderateincomefamilies,or aid in the prevention or elimination of slums or blight. 7) It will minimize displacement of persons and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of activities associated with program funds. ti CDBG-D CITY OF SOUTH BEND DR20R OI8-003 Page 20 of 24 Recapture 8) It will not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds byassessinganyamountagainstpropertiesownedandoccupiedbypersonsoflowandmoderateincomeincludinganyfeechargedorassessmentmadeasaconditionofobtainingaccesstosuchpublicimprovements,unless (0 CDBG funds received are used to pay the proportion of such fee or assessment, that relates to the capital costs of public improvements that are financed from revenue sources other than CDBG funds; or (ii) for purposes of assisting any amount against properties owned and occupied by persons of low and moderate income who are not persons of verytowincome,the borrower certified to the Secretary or such State, as the case may be, that it lacks sufficient funds received from the CDB G Program to comply with the requirements of clause. 9) It will comply with all requirements imposed by the State concerning special requirements of law, program EE requirements,and other administrative requirements approved in accordance with OMB Circular No. A-102,Revised, which includes a provision that program or project completion be no later than eighteen (18) months from project startup,inclusive of the bid process for professional and engineering services and program close-out 10) It will comply with: A. Section 110 of the Housing and Community Development Act of 1974,as amended,by the Housing and Urban-Rural Recovery Act of 1983 and the Housing and Community Development Act of 1987,24 CFR 570.603, and State regulation regarding the administration and enforcement of labor standards; B. The provisions of the Davis-Bacon Act(46 U.S.C.276a-5)which prescribe prevailing wage rates for construction trades for all projects except residential structures of less than 8 units; C, Contract Work Hours and Safety Standards Act of 1962,40 U.S.C.327-332,requiring that mechanics and laborers including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work-week; D. Federal Fair Labor Standards Act,29 U.S.C. 102,requiring that covered employees be paid at least the minimumprescribedwage, and also that they be paid one and one-half times their basic wage rate for all hours worked in excess of the prescribed work-week;and E. Anti-kickback(Copeland)Act of 1934, 18 U.S.C. 874 and 40 U.S.C.276c,which outlaws and prescribes penalties for"kickbacks"ofwages in federally financed or assisted construction activities. 11) It will comply with: A. Title VI of the Civil Rights Act of 1964(Public Law 88-352,42 U.S.C.2000d),which provides that no person intheUnitedStatesshallonthegroundsofrace, color, or national origin, be excluded from participation in, be denied'the benefits of, or be otherwise subjected to discrimination under any program or activity for which theRecipientorBorrowerreceivedFederalfinancialassistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient or Borrower,this assurance shall obligate the Recipient or Borrower,or in the case of any transfer of such property, any transferee,for the period during which the real property or structure is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; B. The Fair Housing Act(Public Law 90-284,42 U.S.C.3601-20)administering all programs and activities relatingtohousingandcommunitydevelopmentinamannertoaffirmativelyfurtherfairhousinginthesaleorrentalof housing,the financing of housing,and the provision of brokerage services; C. Section 109 of Title I of the Housing and Community Development Act of 1987,as amended,and the regulations issued pursuant thereto (24 CFR 570.602),which prohibits any person from discrimination in the sale or rental of housing, the financing of housing,or the provision of brokerage services on the grounds of race,color,religion, sex,national origin,handicap or familial status. D. Any prohibition agaiizst discrimination on the basis of age under the Age Discrimination Act of 1975 or withrespecttootherwisequalifiedphysicallydisabledindividualsasprovidedinSection504oftheRehabilitationAct of 1973 shall also apply to any such program activity; E. Executive Order 11063, as amended by Executive Order 12259 on equal opportunity in housing and non- discrimination in the sale or rental of housing built with Federal assistance, and requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further the goals of Title VIII of the Civil Rights Act of 1968;and F. Executive Order 11246 as amended by Executive Order 11375 and 12086, and the regulations issued pursuant thereto(24 CFR Part 130 and 41 Chapter 60 and the Indiana Code(I.C.22-9-10)),which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all Ohass of CDBG-D CITY OF SOUTH BEND PageDR2O01a- 003 Recapture employment during the performance of Federal or federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contract shall take affirmative action to insure fairtreatmentinemployment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation and selection for training and apprenticeship. 12) It will comply with Section 3 of the Housing and Urban Development Act of 1968,as amended,requiring that to thegreatestextentfeasibleopportunitiesfortrainingandemploymentbegiventolowerincomeresidentsoftheprojectareaandcontractsforworkinconnectionwiththeprojectbeawardedtoeligiblebusinessconcernswhicharelocated in,or owned in substantial part by,persons residing within the unit of local government. 13) It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, asamended,and Federal implementing regulation at 49 CFR Part 24,and the requirements of Section 570.496a and it isfollowingaresidentialanti-displacement and relocation assistance plan under section 104(d)of Title I of the Housing Community Development Act of 1974,as amended. 14) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance ofbeingmotivatedbyadesireforprivategainforthemselvesorothers,particularly those with whom they have family, business or other ties. ti 15) It will abide by the provision that no member, officer, or employee of the borrower or its designees or agents, nomemberofthegoverningbodyofthelocalityinwhichtheprogramissituated, and no other public official of suchlocalityorIocalitieswhoexerciseanyfunctionsorresponsibilitieswithrespecttotheprogramduringthetenureorforoneyearthereaftershallhaveanydirectorindirectinterestinanycontractor,subcontractor,or the proceeds thereof, financed in whole or in part with Title I grants. 16) It will comply with the provisions of the Hatch Act which limits the political activity of employees. 17) It will give the State,IIICDA,HOD and the Comptroller General,through any authorized representatives,access to and the right to examine all records,books,papers,or documents related to the loan. 18) Its chief executive officer or other officer of the Recipient or Borrower approved by the Indiana Housing and Community Development Authority: A. Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of1969(NEPA)(42 U.S.C.4321)and other provisions of Federal law,as specified at 24 CFR 58.1 (a)(3)and(a)(4); andB. Is authorized and consents on behalf of the Recipient or Borrower to accept the jurisdiction of the Federal courts for the purpose of enforcement of responsibilities as such an official. 19) It will comply with: A. The National Environmental Policy Act of 1969 (42 U.S.C. 4321) and 24 CFR 58, and in connection with itsperformanceofenvironmentalassessmentsundertheNationalEnvironmentalPolicyActof1969, comply with Section 106 of the National Historic Preservation Act of 1966(16 U.S.C.470),Executive Order 11593, and the Preservation of Archaeological and Historical Data Act of 1966(U.S.C.469a-1)by: i. Consulting with the State Historic Preservation Officer to.identify properties listed in or eligible for inclusionintheNationalRegisterofHistoricPlacesthataresubjecttoadverseeffects (see 36 CFR 800.8) by the proposed activity;and ii. Complying with all requirements established by the State and to avoid or mitigate adverse effects upon such prop miles. B. Executive Order 11988,Floodplain Management; C. Executive Order 11990,Protection of Wetlands; D. The Endangered Species Act of 1973,as amended,(16 U.S.C.1531); E. The Fish and Wildlife Coordination Act of 1958,as amended,(16 U.S.C.661); F. The Wild and Scenic Rivers Act of 1968,as amended,(16 U.S.G.300f); CABDT oR ozs_oo3 G-D CITY OF SOUTH BEND Page 22 -003 Recapture G. The Safe Drinking Water Act of 1974,as amended,(42 U.S.C.7401); H. Section 40.1(f)of the Lead-Based Paint Poisoning Prevention Act,as amended,(42 U.S.C.4831(b)); I. The Clean Air Act of 1970,as amended,(42 U.S.C.7401); J. The Federal Water Pollution Control Act of 1972,as amended,(33 U.S.C. 1251); K. The Clean Water Act of 1977(Public Law 95-217); L. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976(42 U.S.C. 6901);and M. Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C: 4106) as it relates to the mandatory purchase of flood insurance for special flood hazard areas. 20) It will comply with all parts of Title I of the Housing and Community Development Act of 1974,as amended. 21) It will comply with the provisions of the Indiana Code(LC.)35-44-1-3 and 4. 22) It agrees to repay to the State of Indiana any funds under this program that,as the result of'a HUD or State of Indiana authorized audit,are found to have been spent in an unauthorized manner or for unauthorized activities. 23) It certifies that none of the funds being applied for will be used to substitute for any local, state, federal or private dollars that have been committed to the project as proposed in this application. 24) It certifies that it has adopted and will enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations;and enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction (Section 104(1) of the Housing & Community Development Act of 1974,as amended). 25) It certifies that pursuant to 31 U.S.C.1352,and any regulations promulgated thereunder: Ft A. No federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient or Borrower,to anypersonforinfluencingorattemptingtoinfluenceanofficeroremployeeofanyagency,a Member of Congress,an officer or employee of Congress,or an employee of any Federal grant,the making of any Federal loan,the entering into of any cooperative, agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing orattemptingtoinfluenceanofficeroremployeeofanyagency,a Member of Congress, an officer or employee ofCongress,or an employee of a Member of Congress in connection with the proposed Federal contract,grant,loan or cooperative agreement,the Recipient or Borrower shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The Recipient or Borrower shall require that the language of this certification be included in the award documents for all sub awards at all tiers(including subcontracts,sub grants,and contracts under grants,loans,and cooperative agreements)and that all sub recipients shall certify and disclose accordingly. 26) Recipient or Borrower hereby authorizes IHCDA and its successors, affiliates, agents and assigns to utilize in any manner and at any time,any photograph,picture or other medium(collectively"photographs")of the property covered iby this Application, without limitation, in any and all matters, publications or endeavors, commercial ornoncommercial, undertaken directly or indirectly by IHCDA at any time on or after the date of this Recipient or Borrower without any limitation whatsoever. Recipient or Borrower understands that: (1)it is relinquishing any and allownershiprightsinanysuchphotograph,picture or medium to IHCDA; and, (ii)it is relinquishing any and all legalrightsthatitmaynoworhereafterhaveto,directly or indirectly,challenge,question or otherwise terminate the use of the photograph by IHCDA. 27) Neither the Recipient or Borrower,nor its principals or subcontractors is presently debarred,suspended,proposed fordebarment,declared ineligible,or voluntarily excluded by any Federal department or agency from doing business with the Federal Goveriunent. I CDBDR20R 018-003 G-D CITY OF SOUTH BEND page01 -003 Recapture Appendix A Duplication of Benefits Affidavit("Affidavit") I/We, affirm the following: 1. I/We own real property at City/Town),Indiana(the"Residence")which is located in an areathat was impacted by the floods of 2008. 2. I/We is/are executing this Affidavit in connection with the rehabilitation of the Residence by Organization) through a homeowner rehabilitation project funded under the Indiana Housing and Community Development Authority's IHCDA's")Weatherization Owner-Occupied Rehabilitation Program(the"Program"). 3. In addition, I/We have received or will receive the following amounts and types of assistance from the sources listed below("Duplicative Assistance")for the rehabilitation of the Residence,structural repair of the Residence or replacement housing: a. Insurance(Flood Insurance,Homeowner's,etc.)$ b. Federal Emergency Management Agency(FEMA) c. Small Business Administration(SBA)Loan$ d. The American Red Cross(Red Cross)$ e. Other agencies(besides IHCDA)$ 4. I/We have received no other assistance funds in the for rehabilitation of the Residence, structural repair of the Residence or replacement housing other than that set forth above in paragraph 4. 5. 42 U.S.C.5155(a)prohibits federal agencies from providing assistance to any person for"any part of such loss"as to which he has received financial assistance under any other program or from insurance or any other source(such as,FEMA,SBA,Insurance,etc.). 6. I/We understand that the amount of assistance received by I/We from IHCDA must be reduced by the amount of Duplicative Assistance received or will be received for rehabilitation of the Residence, structural repair of the Residence or replacement housing, from other sources (such as, FEMA, SBA, the Red Cross, homeowner's insurance,etc.)for the same purpose. 7. Therefore, I/We understand that if I/We receive assistance from a source other than IHCDA (such as, FEMA, SEA,.the Red Cross,homeowner's insurance,etc.)for the rehabilitation of the Residence,structural repair of the Residence or replacement housing,I/We must repay the assistance received from IHCDA. 8. I/We certify under State and Federal penalties for perjury and fraud that the information provided above is true and accurate and acknowledge that repayment of all assistance received by Me/Us from IHCDA, payment of fines and/or imprisonment may be required in the event that I/We provide false,incomplete or misleading information in this Affidavit or during the rest of this process. Property Owner Signature of Property Owner Date Property Owner Signature of Property Owner Date CDBG-D CITY OF SOUTH BEND DR2OR-018-003 Recapture Page 24 of 24 13T" 4,6\, Filed in Clerk's Office x P a OCT I ! :013 1 b x KAREEMAH FOWLEROR CITY CLERK,SOUTH BEND,IN CITY OF SOUTH BE COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR October 17,2018 President Tim Scott Members,South Bend Common Council Dear President Scott and Council Members: The resolution submitted for Council approval is for the purpose of accepting a grant award,from the Indiana Housing and Community Development Authority(IHCDA)to address lead issues in both homeowner and rental units in the City of South Bend.South Bend is only one of four cities to receive these funds. The total of$528,951.00 represents a portion of the total South Bend award of$672,857.00. IHCDA awarded funds from two different sources for the same project activity. Lead Hazard Reduction Demonstration and Healthy Homes Supplemental Funds 528,951.00 While each fund/award has its own regulations, processes,agreement and required resolution,the funds are intended to work in tandem. Combined the awards allow for costs related to hazard control work, risk assessments,inspections,clearance,staff and personnel expected to address 40 housing units. Local and State efforts to publicize and explain the program are on-going. Pre-applications are reviewed by IHCDA and then forwarded to the respective community. I will present at the October 22,2018 meeting however if you have any questions prior to that time please contact me. Thank you. Since ef Pamela C. Meyer Director cc: K. Fowler,City Clerk B. Palmer, Council Attorney J. Mueller, DCI Executive Director S. Fritzberg,Office of the Mayor DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 1 p 574.235.9371 I www.southbendin.gov f%le BILL NO. 18-63 Filed in Clerk's Office OC-T-1-"i L0181 BILL NO. 18-63 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACCEPT A RECOVERABLE GRANT FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY,LEAD HAZARD REDUCTION DEMONSTRATION GRANT AND HEALTHY HOMES SUPPLEMENTAL FUNDING WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council"), is the governing body of the City of South Bend (the "City"), a municipal corporation duly organized and existing in the State of Indiana; and WHEREAS, the City,through its Department of Community Investment, applied for and has received a recoverable grant from the Indiana Housing and Community Development Authority (the "IHCDA") Lead Hazard Reduction Demonstration Grant and Healthy Homes Supplemental Funding, in the amount of Five Hundred Twenty-Eight Thousand Nine Hundred Fifty-One Dollars ($528,951) (the"Grant"); and WHEREAS, the IHCDA requires the Common Council to retroactively approve the City's application, formally accept the grant award, and appoint designees that are authorized to act on behalf of the City with regard to the Grant, all by a resolution of a majority of its members. NOW, THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The City is hereby retroactively authorized to apply for a recoverable grant from the Lead Hazard Reduction Demonstration Grant and Healthy Homes Supplemental Funding, administered by IHCDA SECTION II. The City is hereby authorized to accept the Grant awarded to it by the Lead Hazard Reduction Demonstration Grant and Healthy Homes Supplemental Funding, administered by IHCDA, in accordance with the terms and conditions set forth in the Award Agreement between IHCDA and the City, a copy of which is attached hereto as Attachment A, and has been executed by the City through its Board of Public Works (the "Board"). SECTION III. All further applications, documents, covenants, binding real estate deeds, instruments or writings as are necessary and/or as appropriate to consummate the recoverable grant transaction, as acceptable to IHCDA shall be performed by the Board or individual so authorized to act by and on behalf of the City. SECTION IV. This Resolution shall be in full force and retroactive effect as provided in Section I, from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council ATTACHMENT A AWARD AGREEMENT i3 LEAD HAZARD REDUCTION DEMONSTRATION GRANT PROGRAM AGp• i t'Perk's Office This is a Subaward This is Not a Research&Development Award CFDA#14.905 OCT 1 -7 Z018 U.S.Department of Housing and Urban Development 100%Federal Funding Federal Award No.FAIN: B INLHD0317-17 KAREEMAH FOWLER Federal Award Date: March 1,2018 CITY CLERK,SOUTH BEND,IN FFATA Activity Description: Lead Hazard Reduction AWARD AGREEMENT NO.LD-018-003 THIS LEAD HAZARD REDUCTION DEMONSTRATION GRANT PROGRAM AGREEMENT (the Agreement") is made and entered into by and between the Indiana Housing and Community Development Authority(the IHCDA"or"Authority"),a public body corporate and politic of the State of Indiana(the"State"),and the City of South Bend a Unit of Local Government,(the"Recipient")having a DUNS#of 074327123. WITNESSETH: WHEREAS, the Authority is authorized to receive, administer, and disburse funds in order to administer the undertaking of comprehensive programs to identify and control lead-based paint hazards in eligible privately owned rental or owner-occupied housing using Lead Hazard Reduction Demonstration Grant Program funds and Healthy Homes Supplemental funds;and, WHEREAS, the Recipient has applied to the Authority for an award of such funds, and the Authority desires to approve and to allocate such funds to the Recipient for the purpose of identifying and controlling lead-based paint hazards in eligible privately-owned rental or owner-occupied housing in Indiana; NOW,THEREFORE,in consideration of the following mutual promises,covenants,and conditions contained herein, and other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Incorporation of Recitals. The above recitals are hereby incorporated herein as though set forth in their entirety. 2. The Authority awards the Recipient the sum of Four Hundred Sixty Three Thousand and Nine Hundred Fifty One dollars 0/100($463,951.00) (the"Award")for use by the Recipient pursuant to its application,submitted to IHCDA on May 28, 2018 (the "Application"), exclusively for the purpose and.project outlined therein (the Project"). A false statement in an application is grounds for denial or termination of an award and possible punishment, as provided in 18 U.S.C. 1001. The Recipient will also receive the sum of Sixty Five Thousand dollars 0/100 ($65,000.00) (the "Award") in Healthy Homes Supplemental Funding ("HHSF") (Additional programmatic,statutory and regulatory requirements are attached hereto,made a part hereof,and marked"Exhibit A"("Additional Programmatic,Statutory and Regulatory Requirements"). The Recipient has submitted a detailed budget which has been attached to this Agreement as "Exhibit B" ("Budget"), attached hereto and made a part hereof. 1. Representations, Warranties, and Covenants of Recipient. The Recipient hereby represents and warrants to the Authority and covenants with the Authority that: a) It shall timely perform or cause to be performed all work specified in its Application; b) It shall not request any payment under this Agreement from IHCDA until those funds are actually needed to pay for eligible expenses; c) Its request for any such payment shall be limited to the amount of expenses actually incurred by the Recipient at that time; LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 1 of 23 d) It shall not expend any part of the Award for purposes other than the Project or spend more of the Award for any class of items or activities than the amount allocated for such purposes in the appropriate line item of the Budget,a copy of which is attached hereto,made a part hereof,and marked"Exhibit B"; e) It shall,from time to time,timely and promptly do each and every act and thing that may be necessary and/or appropriate to perform its duties and obligations under this Agreement,the Application,the IHCDA CDBG, HOME and HTF Program Manual(the"Award Manual")the IHCDA Lead Hazard Reduction Demonstration Grant Work Plan (the"Work Plan") and the IHCDA Lead Hazard Reduction Demonstration Grant Policies and Procedures Manual(the"Policy and Procedures"); 0 It shall promptly repay IHCDA for any Lead Funds funds it utilizes for expenses that are deemed"ineligible" by any of the following: IHCDA,HUD,24 CFR Part 35,The Residential Lead-Based Paint Hazard Reduction Act(Title X), Lead Disclosure Rule,The EPA Renovation,Repair and Painting Rule(RRP,40 CFR 745, especially subpart E)an audit,the Work Plan,the Policy and Procedures or the Award Manual; g) All work and activities authorized and/or contemplated under this Agreement,the Application,and the'Project will be in strict obeyance,compliance,and observance of all applicable laws,rules,regulations,and executive orders of all Federal, State,and local governments and regulatory bodies,including provisions of the Award Manual and its application,as from time to time amended; h) It shall keep and,upon request,timely submit such records and reports as may be required from time to time by the Authority or the U.S.Department of Housing and Urban Development("HUD"), which records shall include those necessary for fair housing and equal opportunity purposes, and other records reasonably necessary to assist the Authority in complying with 24 CFR 35 i) It has not taken and will not take any action or permit any action that is within its control to be taken or fail to take any action that would impair the Award or the Project. It shall timely prepare all fiscal and management records required by the Award Manual and/or the Authority that are necessary or appropriate to effectively administer and/or monitor the Project. It will maintain books, records, documents, and other evidence pertaining to the Project and all costs and expenses incurred and revenues received under this Agreement in sufficient detail to reflect all activities undertaken in connection with the Project and all costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs of whatever nature, for which payment is claimed under this Agreement. It shall retain all such records for the greater of three(3)years from closeout of this Award. Records shall be retained beyond the prescribed period if any of the following occur: a) If any litigation, claim, or audit is started before the expiration of the 3-year period,the records must be retained until all litigation,claims,or audit findings involving the records have been resolved and final action taken. (b) When the Recipient is notified in writing by HUD or HUD Office of Inspector General, the cognizant agency for indirect costs,or IHCDA to extend the retention period.(c)Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d)Records for program income transactions after the period of performance.In some cases the Recipient must report program income after the period of performance.Where there is such a requirement,the retention period for the records pertaining to the earning of the program income starts from the end of the Recipient's fiscal year in which the program income is earned. Copies shall be furnished to the IHCDA at no cost. j) In accordance with 2 CFR 200.336,it will provide HUD,the Office of the Inspector General,the Comptroller General of the United States,and IHCDA,or any of their authorized representatives,access to any documents, papers, or other records of the Recipient which are pertinent to the Award, in order to make audits, examinations,excerpts,and transcripts.The right also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. k) It guarantees total satisfactory performance of all work contemplated by this Agreement,and it shall take any and all action necessary including for purposes of illustration that which is requested by the Authority to correct or otherwise cure any problems or deficiencies identified by the IHCDA during its monitoring and evaluation; LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 2 of 23 1) No information or statement furnished by it to the Authority contains, and no report required to be or otherwise delivered by it to the Authority will contain, any untrue statement of a material fact or will omit to state a material fact necessary to make such information,statements,or reports not misleading. 2. •Term of Agreement/Period of Performance. This Agreement shall be effective as of August 31, 2018 (the Effective Date") and shall remain in effect until January 29,2021 ("Expiration Date") except as extended by written consent of the parties, unless sooner terminated as provided herein. Notwithstanding the foregoing,the Recipient must expend and disperse the entire amount of the Award within eighteen (18)months of the Effective Date of this Agreement. 3. Payment Schedule. The Authority shall disburse to the Recipient an amount not in excess of the Award upon: (i) request for disbursement on form"Claim Voucher" (A-12)properly executed by the Recipient;(ii)receipt of all proper materials,receipts,and approvals provided herein,together with such other documentation as the Authority may,from time to time, request; (iii)requested evidence that awarded funds are being expended in proportion to expenditures of match and leverage; and (iv) appropriate assurance and/or evidence satisfactory to the Authority that the Recipient is in full and strict compliance with this Agreement and the Project. ii NOTE: Any action,review, recommendation, approval, or other activity taken by or on behalf of the Authority does not expressly or impliedly, directly or indirectly, suggest, represent, or wan'ant that the Recipient or the Project is in compliance with applicable statutes,rules,regulations,applications,or other statements. Rather,the Recipient acknowledges that it is solely responsible for all such matters. 4. Progress Reports. The Recipient shall submit at a minimum quarterly progress reports to the IHCDA upon request. The report shall be in written form. The progress reports shall serve the purpose of assuring the IHCDA that work is progressing in line with the proposal or schedule, and that completion can be reasonably assured on the scheduled date. The report will be submitted to HUD for final approval. 5. Compliance with Laws. a) Any action, review, recommendation, approval, or other activity taken by or on behalf of the Authority does not expressly,or impliedly,directly or indirectly,suggest,represent,or warrant that the Recipient or the Project is in compliance with applicable statutes, rules, regulations, applications, or other statements. Rather, the Recipient acknowledges that it is solely responsible for all such matters. b) The Recipient shall comply with all applicable federal,state and local laws,rules,regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed by the IHCDA and the Recipient to determine whether the provisions of this Agreement require formal modification. c) The Recipient and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC§4-2-6 et seq.,IC§4-2-7,et.seq.and the regulations promulgated thereunder. If the Recipient has knowledge,or would have acquired knowledge with reasonable inquiry,that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Agreement,the Recipient shall ensure compliance with the disclosure requirements in IC 4-2-6- 10.5 prior to the execution of this Agreement. If the Recipient is not familiar with these ethical requirements, the Recipient should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the Recipient or its agents violate any applicable ethical standards, IHCDA may, in its sole discretion, terminate this Agreement immediately upon notice to the Recipient. In addition,the Recipient may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4,and under any other applicable laws. d) The Recipient certifies by entering into this Agreement,that neither it nor its principal(s)is presently in arrears in payment of its taxes,permit fees or other statutory,regulatory or judicially required payments to the State. Further,the Recipient agrees that any payments in arrears and currently due to the State may be withheld from payments due to the Recipient.Additionally,further payments may be withheld,delayed,or denied and/or this LEAD-CITY of SOUTII BEND LD-018-003 Recapture Page 3 of 23 ii II; it Agreement suspended until the Recipient is current in its payments and has submitted proof of such payment to the State and the IHCDA. e) The Recipient warrants that it has no current or outstanding criminal,civil,or enforcement actions initiated y the State pending, and agrees that it will immediately notify the State and the IHCDA of any such actions. During the term of such actions,the Recipient agrees that IHCDA may delay,withhold, or deny work under any supplement,amendment or contractual device issued pursuant to this Agreement. f) If a valid dispute exists as to the Recipient's Iiability or guilt in any action initiated by the State or its agencies, and the IHCDA decides to delay,withhold,or deny funding to the Recipient,the Recipient may request that funding be continued. The Recipient must submit,in writing,a request for review to the Indiana Department of Administration("IDOA")following the procedures for disputes outlined herein. A determination by IDOA shall be binding on the parties. Any payments that the IHCDA may delay,withhold,deny,or apply under this Subsection(f)shall not be subject to penalty or interest except as permitted by IC 5-17-5. g) The Recipient warrants that the Recipient and its subcontractors,if any,shall obtain and maintain all required permits,Iicenses,and approvals,and shall comply with all health,safety, and environmental statutes,rules,or regulations in the performance of work activities for the IHCDA. Failure to do so is a material breach and grounds for immediate termination of this Agreement and denial of further payment by the IHCDA. h) The Recipient hereby affirms that if it is an entity described in IC Title 23,it is properly registered and owes no outstanding reports with the Indiana Secretary of State. i) As required by IC 5-22-3-7: 1) The Recipient and any principals of the Recipient certify that(A)the Recipient,except for de minimis and nonsystematic violations,has not violated the terms of(i)IC 24-4.7(Telephone Solicitation Of Consumers), ii)IC 24-5-12(Telephone Solicitations),or(iii)IC 24-5-14(Regulation of Automatic Dialing Machines)in the previous three hundred sixty-five(365)days,even if IC 24-4.7 is preempted by Federal law; and(B)the Recipient will not violate the terms of IC 24-4.7 for the duration of this Agreement, even if IC 24-4.7 is preempted by Federal law. 2) The Recipient and any principals of the Recipient certify that an affiliate or principal of the Recipient and any agent acting on behalf of the Recipient or on behalf of an affiliate or principal of the Recipient(A)exceptfordeminimisandnonsystematicviolations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by Federal law; and (B) will not violate thetermsofIC24-4.7 for the duration of this Grant Agreement,even if IC 24-4.7 is preempted by Federal law. 6. Limitations on Expenditures of Program Funds. a) The Recipient and other participants in the Program are prohibited from undertaking,committing or expending HUD or non-HUD funds on a project or activities under this Agreement(other than activities listed at 24 CFR 58.34, 58.35(b) or 58.22(1), e.g., lead-based paint inspections, risk assessments, and housing related health hazard assessments) until the Recipient completes an environmental review including the submission, and HUD approval, of a Request for Release of Funds and the recipient's Environmental Certification (both on Form HUD7015.15). b) Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures applicable to the Lead program set forth in 24 C.F.R.Parts 50 and 58,and any successor statute or regulation,until such release is issued in writing. 7. Termination:Cancellation of Funding. a) Termination. The Authority may immediately suspend or terminate this Agreement if the Recipient fails to comply with any material term of the Agreement. LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 4 of 23 b) For Convenience. This Agreement may be terminated,in whole or in part,by the Authority whenever,for any reason, the Authority determines that such termination is in the best interest of the Authority. Termination shall be effected by delivery to the Recipient of a Termination Notice, specifying the extent to which such termination becomes effective. The Recipient shall be compensated for completion of activities properly performed prior to the effective date of termination. The Authority will not be liable for activities performed after the effective date of termination. c) Funding Cancellation. When the Executive Director of IHCDA or the Director of the State Budget Agencymakesawrittendeterminationthatfundsarenotavailabletosupportcontinuationofperformanceofthis Agreement, the Agreement shall automatically terminate. Any determination by the Executive Director of IHCDA or the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. d) Cross-Default. This Agreement may be suspended and/or terminated immediately if the Recipient has committed fraud or has misused or misappropriated funds received under this Agreement or another agreement between the Recipient and IHCDA. In this event IHCDA may de-obligate and/or re-distribute all or any portion of this award to another recipient. This section shall survive the termination or expiration of this Agreement. Further,Recipient's breach or default of other agreements or obligations related to the Project shall constitute a material breach of this Agreement. e) Effect of Termination. Upon expiration or termination of this Agreement for any reason,the Recipient shall transfer to the Authority any unexpended funds on hand and any accounts receivable attributable to the use of the Award. 8. Insurance and Indemnification. a) Insurance. During the Term,the Recipient shall obtain and maintain,at its expense,with an insurer acceptable to IHCDA, comprehensive general liability coverage,including contractual coverage,with minimum liability limits of$500,000 per occurrence and$1,000,000 in the aggregate unless additional coverage is required by IHCDA. The Recipient shall deliver to the IHCDA a certificate of insurance as soon as practicable upon execution of this Agreement evidencing coverage or the IHCDA shall have the right to terminate this Agreement immediately. b) Indemnification. The Recipient shall indemnify,defend,and hold harmless the IHCDA,its directors,officers, employees, and agents of and from any and all claims, losses, damages, or expenses (including reasonable attorneys'fees)arising out of or in any way related to(a)any breach or alleged breach by the Recipient of any provision of this Agreement or the Application or any material inaccuracy of any representation or warrant made by it herein,(b)any act or omission by the Recipient,its employees,agents,representatives or affiliates, directly or indirectly, related to its performance of this Agreement constituting negligence, recklessness orwillfulmisconduct; and (c) any alleged failure on the part of the Recipient, its employees, agents, representatives or affiliates to comply with any federal, state and local laws and regulations. The Authority shall not provide such indemnification to the Recipient. This subsection shall survive the termination or expiration of this Agreement. 9. Notice to Parties. Notice shall be deemed to have been given under this Agreement whenever any notice, statement,or other communication shall be delivered in person,or sent via overnight delivery service maintaining records of receipt to the address below,unless otherwise requested in writing: a) Notices to the Recipient shall be sent to: City of South Bend 227 West Jefferson Avenue-Suite 1400 N South Bend,IN 46601 Attention: IHCDA Award Administrator b) Notices to the IHCDA shall be sent to: LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 5 of 23 Indiana Housing and Community Development Authority 30 South Meridian Street,Suite 900 Indianapolis,IN 46204 Attention:CDI3G c) With a copy to: David Stewart,General Counsel Indiana Housing and Community Development Authority 30 S.Meridian Street,Suite 900 Indianapolis,IN 46204 d) Awarding Official: IHCDA J.Jacob Sipe,Executive Director 30 S.Meridian Street 900 Indianapolis,IN JSipe(7a,ihcda.IN.gov The parties may change the foregoing notice addresses by providing notice of such change to the other party in accordance with this Section 11. 10. Lobbying Activities. Pursuant to 5 U.S.C. § 1502 and 31 U.S.C. § 1352(and any applicable successor sections), and any regulations promulgated thereunder, the Recipient hereby certifies that no Federally appropriated funds have been paid or will be paid by or on behalf of the Recipient to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress, in connection with the awarding of any Federal contract, the making of any Federal award,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment to, or modification of any Federal contract, award, loan, or cooperative agreement. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress, or an employee of a member of Congress, the Recipient must complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. 11. Non-Discrimination Clause. Non-Discrimination Clause. Pursuant to the Indiana Civil Rights Law, specifically including Indiana Code§22-9-1-10,and in keeping with the purposes of the federal Civil Rights Act of 1964,the Age Discrimination in Employment Act, and the American with Disabilities Act, the Recipient covenants that it shall not discriminate against any employee or applicant for employment relating to this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to iC employment because of the employee or applicant's race, age, color, religion, sex, disability, national origin, ancestry, or status as a veteran, or any other characteristic protected by federal, state, or local law ("Protected Characteristics"). Furthermore,the Recipient certifies compliance with applicable federal laws,regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. The Recipient understands that IHCDA is a recipient of federal funds, and therefore,where applicable, the Recipient and its subcontractors agree to comply with requisite affirmative action requirements,including reporting pursuant to 41 CFR.Chapter 60,as amended and Section 202 of Executive Order 11246. The Recipient will be required to document compliance with all nondiscrimination laws,executive orders,and regulations. 12. Drug-Free Workplace Certification.This clause is required by Executive Order 90-5 and applies to all individuals and private legal entities who receive grants or contracts from State agencies.This clause was modified in 2005 to apply only to Recipient's employees within the State of Indiana and cannot be further modified,altered or changed.As required by Executive Order No.90-5,April 12, 1990,issued by the Governor of Indiana,the Recipient herebycovenantsandagreestomakeagoodfaithefforttoprovideandmaintainadrug-free workplace. Recipient will give written notice to IHCDA within ten(10)days after receiving actual notice that the Recipient,or an employee of the Recipient in the State of Indiana,has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of the certification may result in sanctions including,but not limited to,suspension of grant payments, termination of the Grant and/or debarment of grant opportunities with the State of Indiana for up to three(3)years. LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 6 of 23 In addition to the provisions of the above paragraphs,if the total amount set forth in this Agreement is in excess of 25,000.00,the Recipient certifies and agrees that it will provide a drug-free workplace by: a) Publishing and providing to all of its employees a statement notifying employees that the unlawfulmanufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Applicant's workplace and specifying the actions that will be taken against employees for violations of such prohibition;and b)Establishing a drug-free awareness program to inform employees about(1)the dangers of drug abuse in theworkplace; (2)the Applicant's policy of maintaining a drug-free workplace;(3)any available drug counseling, rehabilitation,and employee assistance programs;and(4)the penalties that may be imposed upon an employee for drug abuse violation occurring in the workplace; c)Notifying all employees in the statement required by subparagraph(a) above that as a condition of continued employment the employee will (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug use conviction for a violation occurring in the workplace no later than five(5)days after such a conviction; d) Notifying in writing the contracting State Agency and the Indiana Department of Administration within ten 10) days after receiving notice from an employee under subdivision (c)-(2) above, or otherwise receiving actual notice of a conviction; e) Within thirty (30) days after receiving notice under subdivision(c)-(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations ti occurring in the workplace: (1) take appropriate personnel action against the employee,up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency;and f) Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs(a) through(e)above. 13. Independent Contractor. All parties hereto,in the performance of this Agreement,will be acting in an individual capacity and not as agents, employees,partners,joint venturers, or associates of one another. The employees ofonepartyshallnotbedeemedorconstruedtobetheemployeesoragentsoftheotherpartiesforanypurposewhatsoever. Except for as set forth in Section 10(b), neither party will assume liability for any injury to any persons, or any damage to any property, arising out of the acts or omissions of the agents, employees, or subcontractors of the other party. 14. Work Standards. The Recipient shall each execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If the Authority becomes dissatisfied with the work product of or the working relationship with those individuals assigned to perform activities pursuant to this Agreement,the Authority may request in writing the replacement of any or all such individuals,and the Recipient shall grant such request 15. Assurances and Certifications. The Recipient agrees to comply with the"Assurances and Certifications"set forthinExhibitC. Those "Assurances and Certifications" are fully incorporated herein, and made a part hereof by reference. Any material inaccuracy of any representation or warranty contained therein shall constitute a materialbreachofthisAgreement,for which the Authority may terminate this Agreement. The Recipient further certifies that it will comply with the requirements and standards of all applicable provisions in the following: a) Post federal award requirements in 2 CFR 200 Subpart D,Cost principles in 2 CFR 200 Subpart E,and Audit Requirements set forth in 2 CFR 200 Subpart F;and IE LEAD-CITY of SOUTH BEND LD-018-003Page7of23 Recapture li 16. Audits. The Recipient shall submit to an audit of funds paid through this Agreement and/or an onsite monitoring review of the Project by IHCDA or its designee. a) If Recipient expends$750,000 or more in federal awards during the Recipient's fiscal year it must submit its single audit to the IHCDA within the earlier of thirty(30)days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. The Recipient must also submit its audit to the Federal Audit CIearinghouse. If the Recipient expends less than $750,000 in federal awards it must submit its audited financial statements or 990 (IRS Form 990,Return of Organization Exempt From Income Tax)to IHCDA within the earlier of thirty(30)days after receipt of the auditor's report(s),or nine(9)months after the end of the audit period. b) Any auditor performing a single or program specific audit for the Recipient must comply with 2 CFR 200.501, a) Sanctions: If Recipient does not adhere to the policies referenced in subparagraphs A and B of this section,at IHCDA's sole discretion,it may take appropriate action using sanctions such as: 1)Withholding a percentage of this funding until the audit is completed satisfactorily; 2)Withholding or disallowing claims; 3)Suspending all funding from any IHCDA awards until the audit is conducted;or 4)Terminating this Agreement. 17. Federal Funding Accountability and Transparency Act of 2006 ("FFATA"). In accordance with 2 CFR fi 200.300(b),FFATA reporting requirements will apply to any funding awarded by IHCDA under this Agreement in the amount of $25,000 or greater. The Recipient, as a sub-recipient, must provide any information needed pursuant to these requirements. This includes entity information,the unique identifier of the Recipient,the unique identifier of Recipient's parent, and relevant executive compensation data, if applicable(see subsection C below regarding executive compensation data). A. Data Universal Numbering System(DUNS)number Pursuant to FFATA reporting requirements and in order to receive funding under this Agreement, the Recipient shall provide IHCDA with a valid Dun & Bradstreet ("D&B") Data Universal Numbering System ("DUNS") number that identifies the Recipient. Accordingly, the Recipient shall register for and obtain a DUNS numberwithinfifteen (15) days of execution of this Agreement if it does not currently have a DUNS number. A DUNS number may be requested from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform). B. System for Award Management(SAM) which is the primary registrant The Recipient shall register in the System for Award Management ("SAM"), p' rY g database for the U.S. Federal Government,and shall enter any information required by FFATA into the SAM, update the information at least annually after the initial registration,and maintain its status in the SAM through the Expiration Date of this Agreement. Information regarding the process to register in the SAM can be obtained at https://www.sam.gov/portal/public/SAM/. C. Federal Awardee Performance and Integrity Information System(FAPIIS) The Recipient shall register in the Federal Awardee Performance and Integrity Information System("FAPIIS")which is a database to track contractor misconduct and performance. Information regarding FAPIIS can be obtained at https://www.fapiis.gov/fapiis/index.action. D. Executive Compensation The Recipient shall report the names and total compensation of the five(5) most highly compensated officers of Recipient in SAM if the Recipient in the preceding fiscal year received eighty percent(80%)or more of its annual gross revenues from Federal contracts and Federal financial assistance (as defined at 2 CFR 170.320) and 25,000,000 or more in annual gross revenues from Federal contracts and federal financial assistance(as defined at 2 CFR 170.320); and if the public does not have access to this information about the compensation of the senior LEAD-CITY of SOUTH BEND LD-018-003 Page 8 of 23 Recapture i T executives of the entity through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.§§78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. The Recipient may certify that it received less than eighty percent (80%) of annual gross revenues from the federal government, received less than $25,000,000 of its annual gross revenues from the federal government, already provides executive compensation to the Securities Exchange Commission, or meets the Internal Revenue Code exemption, and will not be required to submit executive compensation data into the SAM under FFATA, provided,that the Recipient shall still register and submit the other data requested. 18. Indirect Cost Rate. According to 2 CFR 200.414(f), the Recipient may charge a de minimis rate of 10% of modified total direct costs(MTDC). As described in 2 CFR 200.403,Factors affecting allowability of costs,costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistentlychargedasboth. If chosen,this methodology once elected must be used consistently for all Federal awards until such time as the Recipient chooses to negotiate a rate,which the Recipient may apply to do at any time, A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to a Federal cognizant agency for indirect costs or maintained on file by the Recipient,must be certified by the Recipient usingtheCertificateofCostAllocationPlanorCertificateofIndirectCostsassetforthinAppendicesIIIthroughVII, and Appendix IX in 2 CFR part 200. The certificate must be signed on behalf of the Recipient by an individual at a level no lower than vice president or chief financial officer of the Recipient. 19. Employment Eligibility Verification. As required by IC §22-5-1.7, the Contractor swears or affirms under the penalties of perjury that the Contractor does not knowingly employ an unauthorized alien. The Contractor further agrees that: The Contractor shall not knowingly employ or contract with an unauthorized alien.The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. 20. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Indiana. 21. Headings. The headings and subheadings herein are for the convenience of the parties hereto and shall have no legal effect upon the construction of this Agreement. 22. Non-Waiver. No waiver, forbearance, or failure by any party of its right to enforce any provision of this Agreement shall constitute a waiver or estoppel of such party's right to enforce such provision in the future. 23. Publicity. The parties shall cooperate with respect to all public statements regarding the subject matter of thisAgreement. The parties agree that any publicity release or other public reference, including but not limited tomediareleasesandinformationalpamphletsrelatingtotheProjectandanyservicesfundedunderthisAgreement, will clearly state that all activities and services are provided without regard to race, age, color, religion, sex, disability,national origin,ancestry,or status as a veteran. j-. 24. Severability. The invalidity of any provision of this Agreement shall not invalidate the remaining provisions of this Agreement. r:. 25. Exhibits. Exhibits A,I3,C are attached hereto are fully incorporated herein 26. Order of Precedence. Any inconsistency or ambiguity in this Agreement shall be resolved by giving precedence inthefollowingorder:(1)the Agreement,(2)the Exhibits prepared by the IHCDA,(3)the Award Manual/Policy andProcedure,Workplan,(4)the Application,and(5)the Exhibits prepared by the Recipient. LEAD-CITY of SOUTH BEND Page 19 -003LD-018-003 Recapture Non-Collusion and Acceptance The undersigned attests,subject to the penalties for perjury,that the undersigned is the Recipient,or that the undersigned is the properly authorized representative,agent,member or officer of the Recipient.Further,to the undersigned's knowledge,neither the undersigned nor any other member, employee, representative, agent or officer of the Recipient, directly or indirectly,has entered into or been offered any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that a state officer,employee,or special state appointee,as those terms are defined in IC 4-2-6-1,has a financial interest in the Agreement,the Recipient attests to compliance with the disclosure requirements in IC 4-2-6-10.5. In Witness Whereof, Recipient and IHCDA have, through their duly authorized representatives, entered into this Agreement. The parties, having read and understood the foregoing terms of this Agreement, do by their respective signatures dated below hereby agree to the terms thereof. City of South Bend APPIZOVED Indiana Housing and Community Development Authority: beard of Public 't oxke BBy: y; Printed Name: Printed Name: J.Jacob Sipe Title: L!k -' Title:Executive Director Alga- Date: j aurora Date: 14.1\AIIIRO, Grant Number LD-018-003r4Le, , Kier CFDA Number 14.905 ,, ' LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 10 of 23 EXHIBIT A ADDITIONAL PROGRAMMATIC,STATUTORY AND REGULATORY REQUIREMENTS Agreement Number: LD-018-003 Recipient: City of South Bend Funding Source/Activity Type: LHRD The award recipient is bound by the contents of the Indiana Housing and Community Development Authority's IHCDA's)Lead Hazard Demonstration Grant application package,Manual,, Red Notices,FAQs,the Recipient's approved application, and any other IHCDA policy, directives, or memoranda that may be published from time to time. AGREEMENT EXECUTION The recipient must execute and return this Agreement to the Indiana Housing and Community Development Authority IHCDA)no later than October 1,2018. HEALTH HOMES SUPPLEMENTAL FUNDS Healthy Homes Supplemental funds are intended for use in units where LHRD funds are used. Healthy Homes Supplemental funds may be used only in homes also receiving HUD-funded lead hazard control work(interim controls or abatement).The Recipient must use an assessment/inspection tool that assesses for all 29 hazards identified in the Healthy Homes Rating System(HHRS)for assessing,prioritizing and repairing the identified health and safety hazards within those units. Healthy Homes Supplemental funds may not be used to pay for salary or fringe benefits. RECIPIENT MUST WORK TO ACCOMPLISH THE FOLLOWING OBJECTIVES A. Maximize the number of children under the age of six years protected from lead poisoning and the number of housing units where lead hazards are controlled; B. Target lead hazard control efforts in housing units where children are at greatest risk of lead poisoning,especially children currently residing in low-income and minority families, to reduce elevated blood lead levels in children under the age of six years; C. Promote cost-effective lead hazard control methods and approaches that can be replicated, maintained, and sustained; D. Build local capacity to safely and effectively address lead hazards during lead hazard control and renovation, remodeling,and maintenance activities by integrating lead-safe work practices; E. Promote integration of this grant program with other local programs that address housing related health and safety hazards; F. Obligation to affirmatively further fair housing. Note that besides being an "objective" of this NOFA, the obligation to affirmatively further fair housing is also a civil rights related program requirement; G. Develop a comprehensive community-based approach to address lead hazards in housing by mobilizing public and private sector resources including grassroots community-based non-profit and faith-based organizations; H. Promote collaboration,data sharing,and targeting between health and housing departments; I. Establish a detailed process that will facilitate lead-safe units to be affirmatively marketed,and priority given,to families with young children; J. Ensure to the greatest extent feasible that job training,employment,contracting,and other economic opportunities generated by this grant will be directed to low-and very-low income persons,particularly those who are recipients of government assistance for housing,and to businesses that provide economic opportunities to low-and very low- income persons in the area in which the project is located.For more information,see 24 CFR 135;and K. Further environmental justice, the fair treatment and meaningful involvement of all people within target communities regardless of race, color, national origin, disability, or income with regarding to the development, implementation,and enforcement of environmental laws,regulations,and policies. LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 11 of 23 I L. Comply with Section 504 of the Rehabilitation Act of 1973("Section 504")and its implementing regulations at 24 CFR 8,and Titles II and III of the Americans with Disabilities Act.Each of these prohibits discrimination based on ii disability. BLOOD LEAD TESTINGRecipientmusttesteach child under the age of six years who resides in a housing unit that is to have lead hazard control work done for an elevated blood lead level within six months preceding the lead hazard control work, unless the child'sparentorlegalguardianchoosesnottohavethechildtested.You must refer any child with an elevated blood lead level for appropriate medical follow-up. The standards for blood lead testing are described in the U.S. Centers for Disease ControlandPrevention(CDC)publications Preventing Lead Poisoning in Young Children(1991), and Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials(1997). See also,the CDC Response to AdvisoryCommitteeonChildhoodLeadPoisoningPreventionRecommendationsin"Low Level Lead Exposure Harms Children:A Renewed Call of Primary Prevention" 2012) available at http://www.cdc.gov/nceh/lead/ACCLPP/CDC_Response_Lead Exposure_Recs.pd£ COMPLIANCE WITH HUD REGULATIONS AND GUIDELINES The Recipient must conduct lead hazard evaluation and control work in compliance with HUD's Lead Safe Housing Rule, the current HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (current HUD guidelines; http://portal.hud.gov/hudportal/HUD?src=/program offices/healthy_homes/]bp/hudguidelines/), and applicable federal, state and local regulations and guidance, including, but not limited to the EPA's Renovation,Repair, and Painting (RRP) Rule(found within 40 CFR 745;see http://www2.epa.gov/lead/renovation-rep air-and-painting-program/). PROHIBITED PRACTICES The Recipient is not permitted to engage in practices prohibited under HUD's Lead Safe Housing Rule at 24 CFR 35.140, EPA's RRP Rule at 40 CFR 745.83(a)(3),or EPA's lead abatement rule at 40 CFR 745.227(e)(6). PROCUREMENT REQUIREMENTS Recipient must procure all goods and services must through a competitive process. Recipients must follow federal procurement requirements as defined in 2 CFR 200.317-326,as applicable. CLOSEOUT A. The Recipient must submit, no later than the Expiration Date, all financial, performance information and other information as required by the terms and conditions this Agreement and IHCDA's Administrative Plan. B. The closeout of a Federal award does not affect any of the following: 1. The right of IHCDA to disallow costs•and recover funds on the basis of a later audit or other review. 2. The obligation of the Recipient to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. 3. Audit requirements in subpart F of 2 CFR part 200. 4. Records retention requirements as set forth herein. FORM OF ASSISTANCE Homeowner:The Recipient must provide this award as a grant directly to the beneficiary. Rental: The recipient must provide this award as a forgivable loan directly to the landlord.A lien and restrictive covenant will be executed against every multi-family or rental property receiving LHRD grant funds.Upon occurrence of any of the following events during the three year Affordability Period,the entire sum secured by the lien,without interest,shall be dueandpayablebythepropertyownerupondemand.Repayment may be demanded upon: (1)Transfer or conveyance of therealestatebydeed, land contract, lease, or otherwise, during the Affordability Period; (2) Commencement of foreclosureproceedingsbyanymortgagee(or deed in lieu of foreclosure),within the Affordability Period;(3)Units not being used as a residence by a qualifying tenant or not leased according to the LHRD Participation Agreement.The Recipient must execute and record a lien and restrictive covenant agreement prepared by IHCDA. MEANINGFUL ACCESS FOR LIMITED ENGLISH PROFICIENT PERSONS LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 12 of 23 Persons who, as a result of national origin,do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP") may be entitled to language assistance under Title VI in order to receive a particular service, benefit,or encounter. In accordance with Title VI of the Civil Rights Act of 1964(Title VI)and its implementing regulations,the Recipient agrees to take reasonable steps to ensure meaningful access to activities funded with CDBG funds by LEP persons. Any of the following actions could constitute reasonable steps", depending on the circumstances: acquiring translators to translate vital documents, advertisements,ornotices, acquiring interpreters for face to face interviews with LEP persons, placing advertisements and notices innewspapersthatserveLEPpersons, partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project, hiring bilingual employees or volunteers for outreach and intake activities,contracting with a telephone line interpreter service,etc. TEMPORARY RELOCATION Participation in the LHRD program is voluntary, so participants are not eligible for permanent relocation assistance.HUD expects that the lead hazard control work and temporary relocation will take 10 days or less.Assisting with reasonable costs of temporary relocation for those persons required to vacate housing while participating in this voluntary maintenanceprogramforleadhazardreductionisaneligibleactivity. Occupants must be treated fairly and equitably, in particular, regarding removing participation barriers created by relocation requirements if housing must be vacated while lead hazard reduction measures are being conducted. Such tenant-occupants are entitled to receive temporary relocation assistance where applicable pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 URA),42 U.S.C. §§ 4601-4655,as described in regulations at 49 CFR 24.2(a)(9)(ii)(D)and the corresponding Appendix A to Part 24. (These regulations can be accessed from the Government Publishing Office website at http://www.gpoaccess.gov/cfr/index.html.) Owner-occupants temporarily relocating while lead hazard reduction measures are conducted pursuant to a program described in this NOFA are not entitled to URA relocation assistance. When tenant occupants with physical disabilities are temporarily relocated, they must receive relocation assistance. When tenant occupants with physical disabilities are temporarily relocated,they must be offered housing that can be approached,entered, and used by persons with physical disabilities. For additional information on relocation requirements, see the HUD Handbook 1378(Real Estate Acquisition and Relocation Policy and Guidance). INELIGIBLE COSTS AND ACTIVITIES. Recipient may not use the Awards for any of the following activities A. Purchase of real property. B. Purchase or lease of equipment having a per-unit cost in excess of$5,000,except for the purchase or lease of up to two X-ray fluorescence analyzers to be used exclusively by the grant program. C. Chelation or other medical treatment costs, including case management, related to children with elevated blood lead levels (EBLs). Non-federal funds used to cover these costs may not be counted as part of the matching contribution. D. Lead hazard evaluation or control activities in public housing,project-based Section 8 housing, housing for the elderly or persons with disabilities(except if a child under age 6 resides or is expected to reside in such a housing unit),zero bedroom housing units,or housing built after 1977). E. Lead hazard evaluation or control activities in housing covered by a pending or final HUD, EPA, and/or Department of Justice settlement agreement,consent decree,court order or other similar action regarding violation of the Lead Disclosure Rule(24 CFR part 35,Subpart A,or the equivalent 40 CFR part 745,subpart F),or by HUD regarding the Lead Safe Housing Rule(24 CFR part 35,subparts BR). F. Activities that do not comply with the Coastal Barrier Resources Act(16 U.S.C.§3501). G. Lead-hazard control or rehabilitation of a building or manufactured home that is located in an area identified by the Federal Emergency Management Agency(FEMA)under the Flood Disaster Protection Act of 1973 (42 U.S.C. §§ 4001—4128)as having special flood hazards. H. Demolition of housing units or detached buildings. TRAINED AND CERTIFIED PROFESSIONALS Funded activities must be conducted by firms certified for,and persons qualified for,the activities according to 24 CFR part 35, subparts B—R (possessing certification as risk assessors, inspectors, abatement supervisors, abatement workers, or sampling technicians(clearance inspections);or certified renovator(for workers and supervisors performing non-abatement j work), as applicable to each scope of work. Any abatement activities conducted under this Award requires a certified abatement firm, certified abatement supervisor, and certified abatement worker credentialing. Each certified person must work for an appropriately certified firm,e.g.,a certified risk assessment,certified inspection,certified abatement or certified LEAD-CITY of SOUTH BEND LD-018-003 Page 13 of 23 Recapture renovation firm, as applicable.EPA RRP certification is NOT sufficient for work under this Award that includes measures designed to permanently eliminate lead-based paint hazards including but not limited to window and substrate remove and replacement activities. LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARD IDENTIFICATION A complete lead-based paint inspection and lead hazard risk assessment, including either separate reports or a combinedreportarerequiredforallproperties. Presumption of the presence of lead-based paint or lead-based paint hazards is not permitted. Paint inspections and risk assessments must follow the procedures as defined in the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing and as defined by the policies of the Lead Hazard Reduction Demonstration Grant Program. Refer to Policy Guidance 2013-01 on the OLHCHH website http://portal.hud.gov/hudportal/HUD?src=/program offices/healthy_homes/lbp/pg for additional requirements. OWNER NOTIFICATION All lead-based paint testing results, summaries of lead-based paint hazard control treatments, and clearances must be provided to the owner of the unit,together with a notice describing the owner's legal duty to disclose the results to tenants and buyers(see 24 CFR 35.88 of the Lead Disclosure Rule).The Recipient must ensure that this information is provided in a manner that is effective for persons with disabilities (24 CFR 8.6) and those persons with limited English proficiency i. LEP) will have meaningful access to it (see Executive Order 13166). Grant files must contain verifiable evidence of providing lead hazard evaluation and control reports to owners and tenants,such as a signed and dated receipt. TESTING All testing, sampling and laboratory analysis for lead must comply with the Lead Safe Housing Rule and conform to the current HUD Guidelines, the EPA lead hazard standards at 40 CFR part 745, and federal, state, or tribal regulations developed as part of the appropriate contractor certification program, whichever is most protective of children. All laboratory analyses conducted on paint chips,soil and/or dust samples must be performed by an environmental laboratoryrecognizedbyEPAundertheNationalLeadLaboratoryAccreditationProgrampursuanttotheToxicSubstancesControlAct(15 U.S.C.2685)(See the list or laboratories at www.epa.gov/lead/nit€onal lead-laboratory-accreditation-program-Inst). CONTROL/ELIMINATION STRATEGIES All lead-based paint hazards identified in housing units and in common areas of multifamily housing enrolled in this grant program must be controlled or eliminated by either of the following strategies or a combination of the two methods below within 10 days or less: A. 'Interim Controls In accordance with the current HUD Guidelines, interim controls of lead-based paint hazards including lead- contaminated dust and soil in housing must include specialized cleaning techniques to address lead dust. fi B. Abatement Abatement means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the EPA. Abatement includes the removal of lead-based paint and lead contaminated dust, the permanent containment or encapsulation of lead-based paint,the replacement of lead painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and all preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures. j LEAD-BASED PAINT 1. The Lead-Based Paint Poisoning Prevention Act(-4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992 42 U.S.C.§§4851--4856),and implementing regulations in 24 CFR part 35,subparts A,B,H,I,K,M,R,and 40 CFR 745 apply to all housing occupied by program participants. Lead-based paint requirements apply to dwelling units built prior to1978thatareoccupiedorcanbeoccupiedbyfamilieswithchildrenundersixyearsofage, excluding zero bedroom dwellings. Accordingly the Recipient must ensure that the following steps are being taken: 1. Provision of all prospective families with"Protect Your Family from Lead in Your Home", 2. Disclosure of known lead-based paint hazards to prospective tenants before the lease is signed, 3. Performance of a risk assessment for deteriorated paint, 4. Stabilization of deteriorated painted surfaces and performance of hazard reduction activities, 5. Notification of tenants each time such an activity is performed, LEAD-CITY of SOUTFI BEND LD-018-003 Recapture Page I4 of 23 6, Conducting all work in accordance with HUD safe practices, 7. Maintaining records concerning paint stabilization by owners of deteriorated paint. 8. Performing clearance examinations after paint stabilization and before re-occupancy. 9. Performing ongoing lead-based paint maintenance when there is an ongoing relationship with HUD. 10. If the Recipient is notified by a public health department or other medical health care provider, or verifies information from a source other than a public health department or medical health care provider,that a child of less than 6 years of age, living in an HOPWA assisted unit has been identified as having an environmental intervention blood lead level ("EIBLL"),the Recipient must complete a risk assessment of the dwelling unit. The risk assessment must be completed in accordance with program requirements, and the result of the risk assessment must be immediately provided to the owner of the dwelling unit.In cases where the public health department has already completed an evaluation of the unit,this information must be provided to the owner. 11. Maintaining records of actions taken concerning a child with an EIBLL in a covered unit. 12. As part of ongoing maintenance asking each family to report deteriorated paint. WASTE DISPOSAL The Recipient must handle waste disposal according to the requirements of the appropriate local, state, and federal regulatory agencies, and the HUD Guidelines. The HUD Guidelines are available at http://portal.hud.gov/hudportal/HUD?sre=/program offices/healthy_homes/lbp/hudguidelines. WORKER PROTECTION PROCEDURES The Recipient must observe the procedures for worker protection established in the current HUD Guidelines,as well as the requirements of the Occupational Health and Safety Administration (OSHA) (in particular, 29 CFR 1910.1025, Lead, and/or 29 CFR 1926.62,Lead Exposure in Construction,as applicable),or the state or local occupational safety and health regulations,whichever are most protective. CITIZEN PARTICIPATION The Recipient should use its best effort to work with all residents of affected areas, especially communities traditionally marginalized from planning processes. In seeking public participation, the Recipient must ensure that all communications are provided in a manner that is effective for persons with hearing, visual, and other communications-related disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable,the Americans with Disabilities Act. In addition,Title VI of the Civil Rights Act of 1964,42 U.S.C.2000(d)and Executive Order 13166 require that grantees take responsible steps to ensure meaningful access to services, programs, and activities by persons with Limited English Proficiency(LEP persons). COMPLIANCE WITH SECTION 504 01?THE REHABILITATION ACT. Facilities where program participants come for assistance (e.g., for intake and enrollment in the program), training or education, must be held in facilities that are accessible to persons with disabilities in accordance with Section 504 of the Rehabilitation Act and its implementing regulations at 24 CFR Part 8, and with Titles II and III of the Americans with Disabilities Act,as applicable. COOPERATION WITH RELATED RESEARCH AND EVALUATION The Recipient must cooperate fully with any research or evaluation sponsored by HUD or another government agency associated with this Award, including preservation of project data and records and compiling requested information in formats provided by the researchers, evaluators or HUD. This may include the compiling of certain relevant local demographic,dwelling unit,and participant data not contemplated in the original proposal.Participant data must be subject to the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996(HIPAA).HIPAA and the Privacy Rule can be found at http://www.hhs.gov/ocr/privacy/.For the program in this NOFA,HUD does not expect research to be conducted that could affect human subjects. SECTION 3 REQUIREMENTS Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) is applicable to the Award. If the Recipient receives awards exceeding$200,000 it is required to comply with Section 3. If the Recipient plans to hire any new employees or award contracts to carry out the Award,it must comply with the Section 3 requirements found at 24 CFR 1 135.32. Additionally, if the Recipient, any contractor, subcontractor or sub-grantee receiving contracts under the grant totaling more than$100,000 must comply with the Section 3 requirements for any new training,hiring or sub-contracting opportunities provided under those contracts. LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 15 of 23 ENSURING THE PARTICIPATION OF SMALL DISADVANTAGED BUSINESS,AND WOMEN-OWNER BUSINESS State, local, and Indian tribal governments are required by to take all necessary affirmative steps in contracting for thepurchaseofgoodsorservicestoassurethatminorityfirms,women-owned business enterprises,and labor surplus area firmsareusedwheneverpossibleorasspecifiedintheProgramNOFAs. Nonprofit recipients of assistance(are required by 2 CFR 200321 to make positive efforts to utilize small businesses,minority-owned firms,and women's business enterprises, and Labor Surplus Area Firms whenever possible MBE/WBE. FAIR HOUSINGis is The Recipient must take steps to affirmatively further fair housing; and when gathering public input, planning, and implementing housing related activities,will include participation by neighborhood organizations,community developmentorganizations, social service organizations, community housing development organizations, community development organizations, and members of each affected community or neighborhood which might fall into the assistance category of low and moderate income communities. MODIFICATIONS The Recipient must contact IHCDA prior to requesting an amendment or modification that affects the budget, activities,beneficiaries,or time frame for accomplishing the proposed activities. Substantial amendments may he cause for IHCDA to review the Application submitted to determine whether the Project is meeting is stated goals and timelines. This Agreement may not be modified except by an instrument in writing executed by each of the parties hereto.Substantial Amendments to the budget may have to be submitted to HUD for a final approval. CONFIDENTIALITY Recipient must adopt procedures to ensure that all client information is handled and maintained in a confidential manner and in compliance with the requirements of all applicable state or federal laws,rules,and regulations,including,but not Iimited to,those relating to the release of Social Security numbers in I.C. § 4-1-10 and the notice of'security breach provisions in I.C.§4-1-11. Confidential information means any individually identifiable information, whether oral or written, about the participants who receive services and/or assistance from grantees and/or sub-recipients of the IHCDA. Employees,agents,contractors it or others who require access to confidential client information must sign a confidentiality agreement commensurate with the conditions set forth in this Agreement. BONDING REQUIREMENTS For any construction contracts or subcontracts exceeding$100,000,the following is required: Ii a. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the contractor for one hundred percent (100%) of the contract price. A performance bond" is a bond executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for one hundred percent(100%) of the contract price.A "payment bond" is a bond executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. d. Where bonds are required: The bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223,"Surety Companies Doing Business with the United States." LIEN WAIVERS For any construction contract or subcontract exceeding$100,000,the Recipient must ensure that each contractor executes alienwaiverforallservices, construction work performed, materials furnished, and equipment and fixtures furnished. 1HCDA must receive copies of any and all affidavits,indemnity agreements,lien waivers,certificates,and other documents as requested. LEAD-CITY of SOUTH BEND LD-018-003 l Recapture Page 16 of23 FLOOD PLAIN PROHIBITION The Award cannot be used to rehabilitate a home where it or its land is located within the boundaries of a one hundred 100)-year floodplain. CONSTRUCTION SIGNAGE If construction signage is used that mentions the names of any specific funding entities, the Indiana Housing and Community Development Authority's name shall appear on such signage. CONFLICT OF INTEREST POLICY The Recipient must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engage in the selection, award and administration of contracts. Codes of conduct must prohibit real and apparent conflicts of interest that may arise among officers,employees,or agents;prohibit the solicitation and acceptance of gifts or gratuities over minimal value by officers,employees,or agents for their personal benefit;and outline administrative and disciplinary actions available to remedy violations of such standards. No employee,officer,or agent may participate in the selection, award,or administration of a contract supported by the Award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers,employees, and agents of the Recipient may neither solicit nor accept gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. However, the Recipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents of the Recipient. If the Recipient has a parent, affiliate, or subsidiary organization that is not a state,local government, or Indian tribe,the Recipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to be impartial in in administering the award or conducting a procurement action involving a related organization. The Recipient's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.Where appropriate,an analysis will be made of lease versus purchase alternatives,and any other appropriate analysis to determine the most economical approach. CONFLICT OF INTEREST DISCLOSURE The Recipient must disclose in writing any potential conflict of interest to IHCDA. MANDATORY DISCLOSURE The Recipient must disclose,in a timely manner,in writing to IHCDA all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The Recipient's failure to make these disclosures may subject to the Recipient to remedies of non-compliance set forth in 2 CFR 200.338, which includes suspension or debarment. INTERNAL CONTROLS The Recipient must: A. Establish and maintain effective internal control over federal funds that provides reasonable assurance that the Recipient is managing federal funds in compliance with Federal statutes, regulations, and the terms and conditions of the federal funding. These internal controls should be in compliance with guidance in Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission(COSO). B. Comply with Federal statutes,regulations,and the terms and conditions of federal funds. C. Evaluate and monitor the Recipient's compliance with statutes,regulations and the terms and conditions of the federal funds. LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 17 of 23 D. Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. E. Take reasonable measures to safeguard protected personally identifiable information and other information that IHCDA or HUD designates as sensitive or the Recipient considers sensitive consistent with applicable Federal,state,local,and tribal laws regarding privacy and obligations of confidentiality. Ii LEAD-CITY of SOUTH BEND LD-018-003 j Recapture Page 18 of 23 1 EXHIBIT B BUDGET Agreement Number: DR2OR-018-003 Recipient: City of South Bend Funding Source/Activity Type: LARD Ii Budget Line-Item Total Allowable Amount Per Unit Requirements Contract for Hazard Control Work 281,250 10,000/unit Risk Assessment/Inspection 41,400 900/unit Clearance 11,400 285/unit Staff Support 22,900$ 107,001 N/APersonnel(Direct Labor) Healthy Homes Supplemental Funding $65,000 5,000/unit HUD Share total 528,951 LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 19 of 23 BENCHMARK SCHEDULE SEE THE ATTACHED BENCHMARK SCHEDULE WITH THIS AWARD. it 1 11 11 Ej El it 1 LEAD-CITY of SOUTH REND LD-018-003 Recapture Page 20 of 23 EXHIBIT C LEAD GRANT ASSURANCES AND CERTIFICATION The Recipient hereby represents and warrants that: 1) It possesses legal authority to execute the proposed program. 2) Its governing body has duly adopted or passed as an official act a resolution,motion or similar action authorizing the execution of this Agreement, including all understandings and assurances contained herein,and directing and authorizing the person identified as the official representative of the Recipient to act in connection with this Agreement and to provide such additional information as may be required. 3) It will comply with: A. Title VI of the Civil Rights Act of 1964 (Public Law 88-352,42 U.S.C.2000d), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Recipient received Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient,this assurance shall obligate the Recipient,or in the case of any transfer of such property, any transferee,for the period during which the real property or structure is used for a purpose for which Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits; B. The Fair Housing Act(Public Law 90-284,42 U.S.C. 3601-20)administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing in the sale or rental of housing,the financing of housing,and the provision of brokerage services; C. Section 109 of Title I of the Housing and Community Development Act of 1987, as amended, and the regulations issued pursuant thereto(24 CFR 570.602),which prohibits any person from discrimination in the sale or rental of housing, the financing of housing, or the provision of brokerage services on the grounds of race,color,religion,sex,national origin,handicap or familial status. D. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to otherwise qualified physically disabled individuals as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program activity; E. Executive Order 11063,as amended by Executive Order 12259 on equal opportunity in housing and non- discrimination in the sale or rental of housing built with Federal assistance, and requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further the goals of Title VIII of the Civil Rights Act of 1968;and F. Executive Order 11246 as amended by Executive Order 11375 and 12086, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 Chapter 60 and the Indiana Code (LC. 22-9-10)), which provides that no person shall be discriminated against on the basis of race,color,religion,sex or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contract shall Ei take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation and selection for training and apprenticeship. 4) It will comply with Section 3 of the I-Iousing and Urban Development Act of 1968, as amended,requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in,or owned in substantial part by,persons residing within the unit of local government. li LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 21 of 23 5) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family,business or other ties. 6) It will comply with the provisions of the Hatch Act which limits the political activity of employees. 7) It will give the State,IHCDA,HUD and the Comptroller General,through any authorized representatives,access to and the right to examine all records,books,papers,or documents related to the loan. RecipientRecipient i 8) It will comply with: A. The National Environmental Policy Act of 1969(42 U.S.C.4321)and 24 CFR 58,and in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, 11! comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470),Executive I Order 11593,and the Preservation of Archaeological and Historical Data Act of 1966(U.S.C.469a-1)by: 1. Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse affects(see 36 r CFR 800.8)by the proposed activity;and 2. Complying with all requirements established by the State and to avoid or mitigate adverse effects upon such properties. i B. Executive Order 11988,Floodplain Management; j` C. Executive Order 11990,Protection of Wetlands; D. The Endangered Species Act of 1973,as amended,(16 U.S.C.1531); E. The Fish and Wildlife Coordination Act of 1958,as amended,(16 U.S.C.661); F. The Wild and Scenic Rivers Act of 1968,as amended,(16 U.S.C.300f); G. The Safe Drinking Water Act of 1974,as amended,(42 U.S.C.7401); i; H. Section 401(f)of the Lead-Based Paint Poisoning Prevention Act,as amended,(42 U.S.C.4831(b)); I.The Clean Air Act of 1970,as amended,(42 U.S.C.7401); J. The Federal Water Pollution Control Act of 1972,as amended,(33 U.S.C. 1251); K. The Clean Water Act of 1977(Public Law 95-217); L. The Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act of 1976(42 U.S.C.6901);and M. Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) as it relates to the mandatory purchase of flood insurance for special flood hazard areas. 9) It agrees to repay to the State of Indiana any funds under this program that, as the result of a HUD or State of F'Indiana authorized audit,are found to have been spent in an unauthorized manner or for unauthorized activities. 6 ii I 10) It certifies that none of the funds being applied for will be used to substitute for any local,state,federal or private dollars that have been committed to the project as proposed in this application. r o 11) It certifies that pursuant to 31 U.S.C. 1352,and any regulations promulgated thereunder: A. No federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient, to any i# ii person for influencing or attempting to influence an officer or employee of any agency, a Member o f i Congress, an officer or employee of Congress, or an employee of any Federal grant,the making of any Federal loan,the entering into of any cooperative, agreement, and the extension,continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 3 B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an 11 officer or employee of Congress, or an employee of a Member of Congress in connection with the LEAD-CITY of SOUTH BEND LD-018-003 Recapture Page 22 of 23 t li P 1 proposed Federal contract,grant,loan or cooperative agreement,the Recipient shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 12) Recipient hereby authorizes IHCDA and its successors,affiliates,agents and assigns to utilize in any manner and at any time, any photograph, picture or other medium (collectively "photographs")of the property covered by this Application, without limitation, in any and all matters,publications or endeavors,commercial or noncommercial, undertaken directly or indirectly by IHCDA at any time on or after the date of this Recipient without any limitation whatsoever. Recipient understands that: (i)it is relinquishing any and all ownership rights in any such photograph, picture or medium to IHCDA;and,(ii)it is relinquishing any and all legal rights that it may now or hereafter have to,directly or indirectly,challenge,question or otherwise terminate the use of the photograph by IHCDA.ti 13) Neither the Recipient nor its principals or its subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. is r li LEAD-CITY of SOUTH BEND LD-018-003Page23of23 Recapture Filed in Clerk's Office E.', ' .."-.= OCT 1[ 2018 KAREEMAH FOWLER X /`" CITY CLERK,SOUTH BEND,IN CITY OF SOUTH BEND COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR October 17, 2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend,IN 46601 RE: Real Property Tax Abatement Petition for: Nilkanth,LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form,and supporting information.The project calls for the new construction of Dairy Queen Grill & Chill,to be located at 4836 Western Ave, South Bend,IN. The report contains the Department's findings relative to the above petition. The total amount of private investment for the new building construction and land purchase is estimated at$1,660,661. The project meets the qualifications for a seven-year real property tax abatement.A representative fromNilkanth,LLC will be available to meet with the Committee on Monday,October 22nd,2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5838. Sincerely, Angelina Billo Business Development Manager DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE I ACCOUNTABILITY I INNOVATION 1 INCLUSION I EMPOWERMENT 1400S County-City Building 1227 W Jefferson Blvd.I South Bend,Indiana 466011p 574.235.9371 I www.southbendin.gov BILL NO. 18-64 Filed in Clerk's Office EBILLNO. 18-64 CJ T 1720-118 KAREEMAH FOWLER RESOLUTION NO. CITY CLERK,SOUTH BEND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4836 Western Ave, South Bend, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 7) SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR Nilkanth, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that portions of the property located at 4836 Western Ave, South Bend, Indiana which is more particularly described as follows: Lot 2 Western & Summit Drive Minor Subdivision: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEING A PORTION OF LOT # 1 IN THE PLAT OF "WESTERN B.K. MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1512416 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WESTERN AVENUE WHICH POINT IS SOUTH 89°56'49"WEST,A DISTANCE OF 60.00 FEET FROM THE NORTHWEST CORNER OF LOT # 2 IN SAID PLAT; THENCE SOUTH 00°37'39" EAST, A DISTANCE OF 25.00 FEET;THENCE NORTH 89°56'49"EAST,A DISTANCE OF 20.00 FEET;THENCE SOUTH 00°37'39" EAST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 89°56'49" WEST,A DISTANCE OF 245.07 FEET; THENCE NORTH 00°38'45" WEST, A DISTANCE OF 175.00 FEET TO THE SOUTH RIGHT- OF-WAY LINE OF WESTERN AVENUE; THENCE NORTH 89°56'49" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 225.14 FEET TO THE POINT OF BEGINNING. CONTAINING 0.97 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD and which has Key Number 018-4129-504422, and be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(7) seven years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 80% Year 5 - 70% Year 6-60% Year 7—50% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office OCT 17 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM:Angelina Billo,Business Development Manager SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Nilkanth, LLC DATE: October 17, 2018 On Friday October 12th, 2018, a petition from Nilkanth, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 4836 Western Ave, South Bend,IN. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY New construction of approximately 3,000 sq. ft. Dairy Queen Grill&Chill The new restaurant will provide service to residents of Western Ave and surrounded area Estimated taxes being paid during the seven-year abatement period—$61,270 Estimated taxes being abated during the seven-year abatement period—$90,881 EMPLOYMENT IMPACT Per the petition,this project will create at least 20 permanent full-time jobs and 25 part-time jobs with a total estimated annual payroll of$741,000.The average hourly wage for new full-time jobs is$11.50. The company is planning to invest approximately$17,500 in employees' training. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commissioner has reviewed the petition and finds no building permit has been issued. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 5. A review of the Tax Abatement Ordinance No.9394-03 finds that the petitioner meets the qualifications for a(7)seven-year real property tax abatement under section 2-76.4,Add-on Abatement. a N 1Oorn v o Nolo coom 0 O N CD 0) ‘D n CO 0 N N N N (O N O N(NNCOCO V rn O N N d N 0 CO 0 o co N O rn R.N o N o N o 0 J •x". O p N rnCc) CO CO N N 0 NCO 0 CO OO N n NMN ') Y N i vi" N co 0 n M o rn o rn o morn mom N CO M r N N N r CO LC) W CO N ti C cr W 1 8,3} NNN c-- H N N 0 J p N`E N v) 2 0 LL 0 1 u V N 00)MO o Oo (o CD CO CO N p N N 0 CO 0 0 CO CO CO a) (•,1 0 CO rn 0 0, 0, N N N N W 4V r r- N N Q. N L`- tri a) co a M N OT E•M o M 0 CO CO 0(O (U '‘,13.3- 0 ! ! 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Uca U' . U r. Ci of South Bend LTJ1 Fl OCT 1 2 2018 City t, Petition for Incentives t t ' 111 .,: Petition must include a$250 filing fee payable to the City Clerk's Office or online via the City's website at tabs ` http://southbendin.gov/government/content/tax-abatement before processing can be complete General Information Project Name Dairy Queen 1 Project Number Legal name as registered with Secretary of Nilkanth LLC. State Business structure Resturant Company website www.Dairyqueen.com Proposed Project Information Proposed project address 14836 Western Ave Parent company name City,State,Zip South Bend, IN 46619 Legal owner Nilkanth Properties LLCp Site acreage or acreage requiredIs the real estate owned or Owned1Acreleased Square feet of facility 3000 Square Feet If leased by whom N/A Primary Contact Information Primary company contact name Vandna Patel Title President Address of company contact 12422 State Road 23 Phone 574-327-9994 City,State,Zip Email Vandna@michianadq.comGranger, IN 46530 Senior Official Information a Company senior official name Vandna Patel TitlePresident Address of company contact(if different from N/A Phone 574-327-9994 above) Email City,State,Zip IN/A N/A Consultant Information/Agent Hired business consultant/agent name IN/A Consultant release(Y/N) IN/A Address Local economic development partners IN/AN/A approval(Y/N City,State,Zip N/A Email Y/N1, Project Overview Brief description of your company,project,and why the property is necessary for We are planning to build Dairy Queen Grill & Chill 3000, Square feet economic growth standing building with Drive thru that will provide service to resident of Western Ave and surrounded area. We will employ 45 Employees, which consist of 20 full time and 25 part time along with 4 full time management positions. We will build State of the art facility, which will draw people into the area. This will give opportunity to community and people in the area to walk to work and make a better living without transportation. Our vision is to create a place for family comes to celebrate, a place to be. Certified Technology Park appropriate N/A Is the project in a Tax Incremental Financing N/A TIP 1 area? If so,which? Certify that the Building Permit has not been N/A Number of residential units created by IN/A issued(Y/NI Number If this is a petition for personal property tax abatement,has IN/A the equipment been installed Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What isthe froalvalue ofany out of eeuipthentbeingproj ? site of project in dollars) received? Indiana for the project? purchased 0 0 90,000.00 330,000.00 New Project Investments Calendar Year 2016 2017 2018 2019 2020 2021 2022 2023 Land Acquisition 225,000 Building Lease Payments 0 Building Purchase Costs 0 New Building Construction 905,661 Existing Building Improvements 1 $ 0 New Machinery&Equipment 400,000 Special Tooling/Retooling p $ 0 New Furniture/Fixtures 80,000 New Computer/IT Hardware 50,000 New Software 0 On-site Rail Infrastructure 0 On-site Fiber Infrastructure 0 TOTAL 16606 ] Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative ft of net NEW full time Hourly average wage,w/o Total training Total II to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative cumulative bonuses 2016 2017 2018 2019 20 11.50/hr $17,55. 2020 2020 20 11.50/H R 2021 2022 2023 2024 2025 2026 2027 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers 20 24 Technical 0 0 Managerial 4 1 Administrative 1 0 Who will be the individual responsible for coordinating with IVandna Patel WorkOne on recruiting? Does your company have an EEO hiring policy?IYe s Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female employees for each ofd Please d rsity and Iibe our by detailur ien ent to te last three years: our outreach and recruitment efforts for the last Year three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black This will be a new Hispanic facility/new Asian development in the Indian area. Female Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify Earned Points Available Points Please complete the table below with the appropriate information. If (Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Yes 20 20 i B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors Yes 19 19 D. Require Prevailing Wage(Davis Bacon)Yes 22 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits Yes 18 18 G. Maintain Affirmative Action Plan Yes 20 20 I Sub-total Construction Related:141 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits No 0 29 D. Provide Training Yes 28 28 E. Provide Child Care No 15 15 F. Provide Transportation Assistance Yes 14 14 G. Provide Employer Assisted Housing program No 0 9 Sub-total Wage&Benefit Related:124 162 3 Workforce Related: A. Create New Jobs Yes 42 4241 B. Retain Existing Jobs Yes 41 C. Maintain Affirmative Action Plan Yes 35 35 Yes 34 D. Provide Targeted Hiring Preference Sub-total Workforce Related: 152 132 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the Yes 84 84 A. zoo,conservatory,museum,etc.) Name of Facility Friends of Granger Path I Sub-total Municipal Facility:Yes 84 84 Sub-total from Above: 501 535 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the CityofSouthBendforarealand/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,andSouthBendMunicipalCodeSec.2-76 et seq.,for this petition state the above. Submitted By: (Vandna Patel I/ at : 110/09/2018 For Staff Use Only Below This Line XI What is the current assessed value? Real Property: V74 Personal Property: II What is the projected assessed value? Real Property:77.2 O b O Personal Property: What is the tax key number for this project? f 0/e -0'2 - 522 ' ''2 - . tt What is the six digit NAICS code? I 1722--67( 9 Please attach a Google map and street view of the location. Taxes:tProperty Please list the amount of real and personal property taxes Real Property Taxes: Personal paid for the last five years when applicable. Year One Year Two Year Three 1m l K Year Four Year Five 1 Please fill out the following Public Benefit Summary Information and acid to total from above. Y or N) I Points I Points Public Benefit Item: Project Related: 49 5 A. Redevelop a Site that has Special Needs 35 B. Develop Based on Local University Research C. Achieve a Physical Element of a Plan 36 36 Sub-total Project Related: 120 6 Super Size Projects(point values are cumulative): 25 A. 100%to 199% 68 B. 200%to 299% 65 C. 300%to 399 52 D. 400%and Over Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: 14 A. Pay for Oversizing or Upgrading 26 B. Pay for 26-50%of Extension Cost 39 C. Pay for 51-75%of Extension Cost S2 D. Pay for 76-100%of Extension Cost ISub-total Infrastructure Related:I 131 Total from Applicant Section: 3 0/ 539 461 Total from Staff Section: 5 3 1000 Total Public Benefit Points: OCT 12 2010 ' i 20 EI t,, STATEMENT OF BENEFITS t a t I 20 PAY_ _ 7•1' REAL ESTATE IMPROVEMENTS t 't tt 'i s FORM SB-1!Real Property j a '- State Form 51767(R6/10-14) c i 1'1 f' e ' Prescribed by the Department of Local Government Finance ,. PRIVACY NOTICE Any Information concerning the cost This statement is being completed for real property that qualifies under the following Indiana Code(check one box): of the property and specific salaries O Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4)paid to individual employees by thepropertyownerisconfidentialper Residentially distressed area(IC 6-1.1-121-4.1) IC 6-1,1-12.1-5.1. I INSTRUCTIONS:1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires Information from the applicant in making Its decision about whether to designate an Economic Revitalization Area. Other/se,this statement must be i submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction, 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of 1f the redevelopment or rehabilitation for which the person desires to claim a deduction. 1 3. To obtain a deduction, thirtya Fom02RE must be after the assessment swith ment noticetIs mailed to the propertyAuditor before May 10 in the owne if It was mailed afteear in which the rfApril 10. assessed A property owner whowho made ornot deduction application 30)daysI failed to file a deduction within the prescribed deadline may file an application between March 1 and May 10 of a subsequent The Formyear. 4. A Property showner who files for the ould be attached to the Formtion must322/RE when therovide deductiohe n Is first claimed and Auditor and ithen updated annualwith a ly for eacheal year the deduction Is applicable. e IC 6-1.1-12.1-5.1(b) proved after June 30, 2013, the j 5. deductionFor a Form lowed, ForP Formy SB-1/ Rethat Is al Property that is approved prior to July 1, 2013,bodyhe abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 X SECTION 1 TAXPAYER INFORMATION l Name of taxpayer Nilkanth Properties LLC; Address of taxpayer(number and skeet,city state,and ZIP code) z 12422 State Road 23 Granger, IN 46530 E-mail address r Name of contact person Telephone number Vandna Patel 574 )327-9994 vandna@michianadq.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Resolution number Name of designating body Common Council DLGFtaxingdlsUlctnumber Location of property County Estimated start date(month,day,yeah pescripl(on of real property Improvements,redevelopment,or rehabilitation(use additional sheets if necessary) b7/1/2018 i 1 Dairy Queen Grill and Chill aprox 3000 Square feet building with drive Thru. 1 stimatedc gellondate(month,day,yea) SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED rrPROUJECT Salariesal1 Current number Salaries Number retained Salaries 350,000.00 f N/A N/A N/A N/a 40 I SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE ICurrentvalues 1lo, 660,661.00 Plus estimated values of proposed project 1 E Less values of any property being replaced 1 660 661.00 Net estimated values upon completion of project SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER• 6 Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) E Other benefits i i rs 1 I r I g SECTION 6 TAXPAYER CERTIFICATION t I hereby certify that the representations in this statement are true.'\ liDate signed(month,day,year) G Signature of authorized representative\ f • 0/09/2018 I UT(tle Printed name of authorized representative resident i Vandna Patel 1 Page 1 of 2 4 I E i - FOR USE.OF,TkI•Dgt1O{yATINfa.13.ODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under iC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years`(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements 0 Yes 0 No 2.Residentially distressed areas Yes 0 No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) Year 2 0 Year 3 0 Year 4 j Year 5 ( see below) 0 Year6 Year? 0E. Number of years allowed: Year ElYear 8 ElYear 9 0 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes D NoIfyes,attach a copy of the abatement schedule to this form. If no,the designating body Is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above. I Date signed(month,day,year) Approved(signature and title of authorized member of designating body) Telephone number Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the degnatingtion area,that liitation es not limit e taxpayer is entitled to receive a deduction to a nurmber of years that is less than the n mbering which an area Is an economic aof years designated underoIC 6-1.1-12.1-17. 1ngth of time a ody the time period A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established In IC6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30,2013,the designating body Is required to establish an abatement schedule for each deduction allowed, The deduction period may not exceed ten 10)years. (See IC 6-1.1-12.1-17 below."B. For the redevelopment or rehabilitation of real.propertywhere the Form SB-1/Real Property was.approved prior toduty 1,2013,the abatement body isi required to establish an abatment schedule for s in effect.For a Form SB-1/Real Property each deductionl owed.(See IC 6-11.. that12.117 below.) June 30,2013,the designating IC 6-1.1-12.1-17 ••• Abatement schedulesSec.17.(a)A designating body may provide to a business that Is established in or relocated to a revitalization area and that receives a deduction undersection4or4.5 of this chapter an abatement schedule based on the following factors:1) The total amount of the taxpayer's Investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requirements for the taxpayer's Investmentb) Thls subsection applies to a statement of benefits approved after dune 30,2013. A designating body shall establish an abatement scheduleforeachdeductionallowedunderthischapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years,c).An abatement scheduie•approved fora particular taxpayer before July 1,2013,remains In effect until the abatement schedule expires underthetermsoftheresolutionapprovingthetaxpayer's statement of benefits. Page 2 of 2 Your location to Burger King - Google Maps Page 1 of 2 Go gle Maps Your location to Burger King Drive 3.5 miles, 14 min M ft; U7 W2e0M1 ft; N9 Mtqlail AZ 97 MX32170 GWo dJ w yF i` • i • a 7I a 1, 14'''''' _„ el 11,1 I Plaza Stylrn"g, y A 1 y - H m,„;,, . _..'I stat I.•., :f. I ransm ssron , 11 t Apar encs a e W4Bumrger Ki .of And.Clutch f, rp. - i ) c-ci, i t n - 1, e.j Ji t . Yf, a IS .y t• A V `A r I {t a t ri. ft.,' .' .,,,1 ` I IrrI,,vii 444 trr`` 3 i MN 1 Goog 1 i— F"•T Sx_` 'ate€ Imagery©2018 Google,Map data©2018 Google 50 ft r via W Western Ave 14 min Best route,despite the usual traffic 3.5 miles via W Sample St 13 min 4.5 miles 5:36 PM-6:05 PM 29 min R , 10 1 7C 1,44—‘,.//---, ,,norma porn/mane/rlir/41 671 RR4R_-86.2511104/Burger+King,+4852+W+We... 10/16/2018 Filed in Clerk's Office 61-3THI44, OCT 17 2018 Cm cLl"r <;O _ r , IN 865 CITY OF SOUTH BEND COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR October 17,2018 Council Member Gavin Ferlic,Chairperson Community Investment Committee South Bend Common Council 4th Floor,County City Building South Bend,IN 46601 RE: Personal Property Tax Abatement Petition for: South Bend Ethanol,LLC Dear Council Member Ferlic: Please fmd the attached information pertaining to a personal property tax abatement petition submitted by South Bend Ethanol,LLC to purchase a new equipment for their ethanol facility located at 3201 W.Calvert Street, South Bend, 1N 46613. South Bend Ethanol plant started production in 1984. After going through several owners and some turbulent economic times, Mercuria Investments US, Inc. purchased the ownership interest in the plant from Noble Americas Corporation in December 2017 through a distressed sale at a bargain purchase price. Immediately after closing on the acquisition,Mercuria announced that it was committed to complete the reconstruction South Bend Ethanol plant allowing the manufacturing capacity to increase from 65 million gallons per year to 100 million gallons per year.This petition package includes: Department of Community Investment's summary report Petition Statement of Benefits form Supporting information The report contains the Department's findings relative to the above petition. The petitioner proposes to purchase new equipment with estimated cost of$29,700,000. The project meets the qualifications for a(5) five-year personal property tax abatement. A representative from South Bend Ethanol, LLC will be available to meet with the Committee on Monday,October 22, 2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5838. Sincerely, An elina Billo Business Development Manager DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TLM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 14005 County-City Building 1 227 W Jefferson Blvd.I South Bend,Indiana 466011p 574.235.9371 I www.southbendin.gov BILL NO. 18-66 Filed in Clerk's Office OCT 1 7 2018 BILL NO. 18-66 KAREEMAH FOWLER CITY CLERK, SOUTH SEND,IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 W Calvert Street, South Bend, Indiana 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR South Bend Ethanol, LLC WHEREAS,a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3201 W Calvert Street, South Bend, Indiana 46613, and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned,be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq.,and South Bend Municipal Code Sections 2-76 et sem., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1,et sec.,and South Bend Municipal Code Sections 2-76, et sec., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1- 12.1-4.5 et seq., that: a.The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c.That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment;and e.The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation,that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(5)five years as shown below pursuant to Indiana Code 6-1.1-12.1-17. Year 1-100% Year 2- 90% Year 3- 80% Year 4- 70% Year 5- 60% SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on 2 the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council 3 Filed in Clerk's Office ocr zo1 KAREEMAN F01^t ER j CiTYCLERK, SOUTH t3FND, IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM:Angelina Billo,Business Development Manager SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: South Bend Ethanol,LLC DATE:October 17,2018 On Monday, September 24, 2018, a petition from South Bend Ethanol, LLC was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 3201 W Calvert Street, South Bend, IN 46613. Pursuant to Chapter 2,Article 6,Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached),investigated the area,and makes the following report. PROJECT SUMMARY Estimated$29,700,400 purchase of new equipment for South Bend ethanol plant Manufacturing capacity to be increased to 100 million gallons per year from 65 million gallons per year The company will purchase additional 12.5 million bushels of corn in the local market place from local fanners Estimated total taxes on the new equipment during the five (5) year abatement period—$2,343,330 Estimated taxes being abated during the five(5)year abatement period—$482,870 Estimated taxes to be paid during the five (5)year abatement period—$3,220,606 EMPLOYMENT IMPACT Per this petition,it is estimated that the company will: Continue to employ sixty-six (66) permanent full-time jobs representing a total annual payroll of$4,294,865. The hourly average wage is$31.29. D Create five (5) new permanent, full-time jobs within two years with a total estimated annual payroll of$288,000. The estimated hourly average wage is$26. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with previous abatements. a. The personal property tax abatement was granted in April 2014, a confirming resolution#4340-14. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5)five-year real property tax abatement under section 2-84.2,Tangible Personal Property Tax Abatement. co O N V' co O V O) N- OO CO CO 0 OO 7:1- (O ) N (O O N V' U) 00 CD 00 OO OO N CCO CON0)) CO 'a. 0)) Or CO CO CO Ct. o CO ._LU LU v(0 CD CO CA Mc •V CO o r 0000 o N M 6) O O CD Cl) g -.C1 CO N 00 0) CO C r O ty CO O COO Cr cr) U) N O M CO Z a r O) DD r CO CO 0 C~O CO N NCM) CMO CD 0) m CO CO ON Q a O O N CO UJ 1- ti N. r V CO CO N- CO N CO O) COr M CO r P`o CO N 0000 o CO O M (D O O) rN 0 O O C) O. 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Indiana for the project? purchased from out of state for the project? 0 0 16,354,836 13,645,164 I Nevi Project Investments Calendar Year 2018 2019 2020 2021 2022 2023 2024 2025 Land Acquisition t 1f1 Dullding lease Payments Wilding Purchase Costs New Dull ding Construction Existing Dullding Improvements k New Machinery&Equipment 16,264,516 13,495,184 t special Tooling/notna ling New Fomiture/Fixtures New Computer/IT Harulware I New Software On-slto nail Infrastructure ft On-elle Fiber bdrastructura 150,000 150,000 TOTAL 10,354,825 13,640,104 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jabs retained Total hourly Cumulative II ofnet PEW full Ume Hourlyiterelawoee,w/o Total training Total,to be wane w/a perm anentjehs aeeted et project benefits orbanuses,of expenditure• trained-not fringe or cumulative net new Jobs not cumulative bonuses cumulative 2018 66 31.29 2019 5 26 20,000 4 2020 2020 2022 2023 2024 z02s 2026 2025 2020 2029 Provide hourly wage Information for new employees In the following positions. t. Part timeFulltime t Laborers 4 Ir Technical 0 Managetiol 0 Administnllve 1 who will be the individual responsible for coordinating with I(ari Porter•EMS HR wvrlcInsonrev-lone? _ Does yourcompanyheve on EEO hlrrng policy? YES Are you an EEO empioyK! YES Please list the number of full time and part time minority and/or ft:niale employees for each of PdPleasedesa Incribe clusion omourmitTent en to the last three years;outreach and recruitment efforts fur the last Year 26152016 2017 three years as well es current policies. 111.11111111111111 I Full Time Part Vale f Full Tied Part Time Full Mite 1 Part Time Black 4 0 4 0 5 0 Advertise and recruit from all Hispanicavailable avenues to attract 5 0 3 _ 0 0 talent and enoourago diversity Aston 0 0 0 0 0 0 and Inclusion Indian 0 o 1 0 1 0 f FemIe 3 0 5 0 6 0 i Other 0 0 1 0 2 _ 0 I i; Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information Is required on both the construction companies and the companies which will provide materials purchased for this project. Quality Please complete the table below with the appropriate Information, If ferried Points Available Points Yes or No) you qualify for the points,please enter the full amount of available points. 1 CensirVrtion Related(Contractors): A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors Yes 19 19 0. Require Prevailing Wage(Davis Bacon) No 0 22 I E. Require Healthfenefts Yes 22 22 I F. Require Pension Benefits Yes 18 ie G. Maintain Affirmative Action Plan No 0 20 Sub-total Construction Related: 99 141 2 Waga&Benefit Related(Owner): A. Pay Target Wage levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 5 D. provide Training Yes 28 28 E. Preside Child Care No 0 15 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Sub-total Wage F.Benefit Related; 124 162 3 Workforce Related: A. Create New lobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan NO 0 35 D. ProvldeTargetedHiring Preference Yes 34 34 Sub-total Workforce Related: 117 152 4 smart a Municipal Facility( Supporta Se Municipal Facility(donations to the r A' zoo,conservatory,museum,etc.) Yes 84 84 Name ofFacility South Bend City Parks Department I Sub-total Municipal Facility: 84 64 Sub-total from Above: 424 539 The undersigned ownor(s)of real property,located within the City of South Bend,herhy petition the Common Council of the Gty of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.142.1-1,et seq.,and South BendMynl 2-76 et seq.,for this petition state the above. Submitted By: —1-77j---Date: I August 1,201h For Staff Use Only Below This Line What lsthe current1i'sessedv`alue?Real Property; 71 Yf/ 3 a1) Personal Property;36..‘",f 20ci What lsthoprojactod assessed value? Real Property: Personal Property: 9./ C oo ) Whet lrthetax hey number for lhispro)ed7 rnJ 7f o C O_ o What lsthe six dlgltNAILS code? y y 57 .93 Please attach o Google mop end sireet vlewafthe)ectlon. Please list the amount areal end personal property vexes Aoal Property Teres:Personal Property Taxes; paid for the last live years when opplimble. p 20/7//d9 Yearono 45,5 f O Z Q c rfC 05 V e( / Ax.YTTVo 671 /a(^ 7 '"t9 to/ /, YearIhree O O/( 72- -1cf P 2O/ / Yeerlour tie c6 J/,4 3c? y{ Year live D/ O 7 C Please fill out the following Public Benefit Summary Information and add to total from above, I i jYorNj Paints Points Public Benefit Item: lJ Project Related: 5 A. Redevelop a Site that has Special Needs 49 0. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 6___,,,) Subtotal Project Related: 120 6 Scott She Nabets(point values are cumulative): A. 100%to 199% 25 0, 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Subtotal Super Size Projects: 210 7 Pay for Municleallniresiructurei A. Pay for Oversloing or Upgrading 14 B. Pay for 26.50%or Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 539 Total tram Staff Section461 Total Public tioneilt Points: 1000 I14 loci in Clerk's Officek I SEP 242018 STATEMENT OF BENEFITS FORM 58-7 1 PPa ''`::. PERSONAL PROPERTY KAREE•MVIAH FOWLER vt e> 4.li Stain Femr 61704(R4111.16) I (:I•I (CLERK,SOUTH BEND,IN vim:: Prescribed by the Department of Local Government,FInence---.-----'----•--- ------ PRIVACY NOTICE Any Information concerning the cost of the property end specific salaries paid to Individual employees by the proper/ owner Is confidential per IC 5-1.1-12.1.5.1. INSTRUCTIONS 1. This statement must be submitted to fire body designating the Economic Revitalization Area prior to the public hearing If the designating body requires Information from the applicant In malting its decision about whether to designate en Economic Revitalization Area- Otherwise this statement must be submitted to the designating body BEFORE a person Installs the new manufacturing equipment and/or research and development equipment,end/or logistical distribution equipment and/or information technology equipment for which the person wishes la claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated en economic revitalization area before the Installation of qualifying abatable equipment for which the person desires to claim a deduction. 3, To obtain a deduction,a person must file a certified deduction schedule with the person's personal property return on a codified deduction schedule Form 103-ERA)with the township assessor of the township where the property Is situated or with the county assessor If there Is no township assessor for the township, The 103-ERA must bo filed between January 1 end May 15 of(he assessment year In which new manufacturing equipmentand/or research and development equipment and/or logistical distribution equipment and/or information technology equipment Is Installed and fully functional,unless a filing extension has been obtained. A person who obtains a filing extension must file the tem between January 1 and tha extended due date of that year. 4. Properly owners whose Statement of Benefits was approved,must suhnrit Form CF-1/PP annually to show compliance with the Statement of Benefits. IC 6-1.1-12.1-5.6) 5. Fora Form SB-1/FP that Is approved after June 30,2013,the designating body Is required to establish an abatement schedule(or each deduction allowed. Fore Form S8-1/PP that Is approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect (IC 6-1.1-12,1-17) SECTiO.N 1 TAXPAYER INFORMATION Noma of taxpayer Name of contact person South Band Ethanol LLC Robert Winks Address of taxpayer(number and street,city,slate,end ZIP coda) Telephone number 3201 W Calved Street,South Bend,IN 46613 574 ) 703-3360 r SECTION'2 LOCATION AND.DESCRIPTIONOF PROPOSED PROJECT Name of deslgnallno body Resolution number(s) South Bend City Common Council Locales of property County DLGF taxing district number 3201 W Calvert Street,South Bend,IN 46613 Saint Joseph 7126032 I Description of manufacturing equipment and/or research end development equipment ESTIMATED i and/or logistical distribution equipment end/or Information technology equipment.START DATE COMPLETION DATE IUseadditionalshoatsIfnecessary.) 2-Boilers, 12-Fermentation Tanks,2-Centrifuges,Trlcanter,Dryer,Manufacturing Equipment 08/01/2018 12/31/2019 Beerwell,Heat Exchangers and miscellaneous equipment R&D Equipment Logist Dist Equipment I IT Equipment 10/01/2018 12/31/2019 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT 1 Current number Salaries Number retained Salaries Ncmber ddiLbnal Salaries I 66 4,294,865 66 4,294,855 5 288,000 SECTION 4 ESTIIt$ATED TOTAL COST AND VALUE OF PROPOSED PROJECT i NOTE;Pursuant to IC s-1.1-12.1-G.1(cq(2)the MANUFACTURINGLOGIST DISTR&D EQUIPMENT IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the properly is confidential. Cosi ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE 1 Current values 138345/4 553/152 121400 65832 I 297000UU 11680000 300000 120000 J Plus estimated values of proposed prolecl Less values of any property being replaced 860401 344161 Net estimated values u.on cam.Ietion of ro act 42674173 17072991 42t4au 175832 SECTION S WASTI CONVERTED;AND OTHER DE 17S CRQMISED'BY THE'_TAXPAYER _ Estimated solid waste converted(pounds) None Estimated hazardous waste converted(pounds) None Other benefits:f l S iI.QN 8. tIherebycPtherepre9•11rs In this statement are true. f Slgnale f t^ad reprouttr • Delo signed(month,day year) August 1,2018 rin)d name ataulladg d representative Tltie Boris Bystrov Vice President j Page 1 oft 1 , 1 • i FOR USE OF THE DESJG,NATING$BRY:.'.::: z, We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standardsadoptedintheresolutionpreviouslyapprovedbythisbody. Said resolution,passed under IC 6-1.1-12.1-2.6,provides for the following limitations as authorized under iC 6-1.1-12.1-2. A.The designated area has been limited to a period of(ime not to exceed calendar years"(see below). The dale this designation expires Is NOTE This question addresses whetherthe reseiutton contains an expiration data for the designated area. B,The type of deduction that Is allowed In the designated area is limited to: Yes N o Enhanced Abalement per IC 6.1,1.12.3.16 3.Installation of new manufacturing equipment; Enhanbed11ane ant per IC 6-1, abateme1- 12.1-16 2,installation of new research and development equipment; Yes D N o Yea [No approved tor one ormomofthese types. 3,installation of new logistical distribution equipment. 4.installation of new Information technology equipment; 0 Yes N o C.The amount of deduction applicable to new manufacturing equipment is limited to$ cost with an assessed value of One or both lines maybe filled cut to establish a limit,if desired..) D.The amount of deduction applicable to new research and development equipment Is limited to$ cost with an assessed value of One or both lines maybe filled out to establish a limit,If desirred.) E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value of One or both lines maybe filled out to establish a limit,if desired.) F. The amount of deduction applicable to new Information technology equipment Is limited to$ coat with an assessed value of One or both lines maybe filled out to establish a limit,if desired.) O.Other limitations or conditions(specify) H,The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new Information technology equipment installed and first claimed eligible for deduction Is allowed for: 0 Enhanced Abatement per IC 6-1.1-12.1-1 e CI 0 Year 2 13 Year 3 Year4 D Year6Number of years approved: 0 Year 6 El Year 7 El Year 8 Year 0 Year 10 Enter one to twenty(1-20)years;may not exceed twenty(20)years.) I. Fore Statement of Benefits approved alter June 30.2013,did this designating body adopt an abatement schedule per IC 6.1.1-12.1-177 Yea El No If yes,attach a copy of the abatementschedula to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. Aieo winethat ti the the Informationnforatifola onslen In theeistffy tee deduction of benefitseneis endfifind that the estimates and expectations are reasonable and have detove. Approved by:(a/erratum and hila ofeulheliizedmember atdeslpaaing body) Telephone number Date slimed(month,day,year) Printed name of authorized member of designating body Name of designaling body t Attested by:(stpna(uro and We ofadas(ar)Printed name of attester if the designating body limits the lime period during which an eras Is an economic revitalization area,that limitation does not limit the length of time a E! taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. J IC 8.1.1-12,1-17 Abatement schedulesSen.17.(a)Adesignating body may provide to a business that Is established In or relocated to a revitalization area and that receives a deduction under sedan 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1)The total amount of the taxpayer's investment in real and personal property, 2)The number of new full-time equivalent jobs created. 3)The average wage of the new employees compared to the state minimum wage. 4),'he infrastructure requirements for the taxpayer's Investment.b)This subsectlon.appfes to a statement of benefits approved after June 30,2013.Adesignating body shall establish an abatement schedule for each deductionslowedunderthischapter.An abatement schedule must specify the percentage amount of the deduction for each year of the deduciion.An abatement schedule may not exceed ten(10)years.a)An abatement schedule approved fore particular taxpayer before July 1,2013,remains In effect until the abatement schedule expires under the terms or the resolution approving the taxpayer's statement of benefits, Page 2 of 2 I t i L t 1 f F ilc,d in (lerf<'Y,(ffioO SF-I'c South Bend Ethanol LLC 01Q 3201 West Calvert Street i i<I I tr il l,i i i=C)WI_ER South Bend,IN 46613-1010 CM'CLERK,SOOT!I BEND,IN Phone: 574-703-3360 SOUTH BEND ETHANOL Fax: 574-703-3376 Website: www.southbendethanol.com PROJECT OVERVIEW Brief Description of your company,project and why the property is necessary for economic growth The South Bend Ethanol plant started production in 1984. After going through several owners and some turbulent economic times, Mercuria Investments US, Inc. purchased the ownership interest in the plant from Noble Americas Corporation In December 2017 through a distressed sale at a bargain purchase price. Immediately after closing on the acquisition, Mercuria announced that it was committed to complete the reconstruction South Bend Ethanol (SBE)plant allowing the manufacturing capacity to increase from 65 million gallons per year to 100 million gallons per year, Mercuria Is a privately held company building a solid balance sheet and substantial equity in less than 20 years. The economic impact to the local area from the additional 35 million gallons of ethanol will provide at least$140 MM of direct local economic benefit annually through incremental product sales and input purchases. Ethanol is an additive to gasoline. The increased ethanol throughput will allow SBE to meet all of the end customers' demand within a 50-mile geographic radius from the plant. Also, by-products, like Dried Distillers Grains (DDG), could then be loaded into containers for export to foreign markets reversing our current process of transporting DDG to Illinois for loading in containers for export from there. Of course, the increased volume will require additional corn purchases In the local market. We will purchase an additional 12.5 million bushels of corn in the local market place allowing corn grown here to be used here and allowing farmers to have a more competitive marketplace for selling corn.Also,local vendors will benefit by more chemical,electric,gas and other variable manufacturing purchases. City utility usage is anticipated to increase. This project will definitely benefit the local economy. I SpUTH g4 wa... d Filed in Clerk's Office OCT 16 2018 1865 KAREEMAH RVVLER CITY CLERK,SOUTH BEND,IN CITY OF SOUTH BEND COVVU \ ITY I \VESTVENT October 16, 2018 Tim Scott, President South Bend Common Council 4th Floor, County-City Building Re: Re-Filing& Reinstatement of Bill 12-17 (An Ordinance of the Common Council of the City of South Bend,Indiana,Annexing to and Bringing within the City Limits of South Bend,Indiana, and Amending the Zoning Ordinance for Property Located in Clay Township, Contiguous Therewith; Councilmanic District No. 4,for 17330 State Road 23, South Bend,Indiana) Dear President Scott: Attached with this letter is original Bill 12-17, a voluntary annexation proposing to annex/zone contiguous territory to the City of South Bend. This bill received First Reading on March 13, 2017. The zoning aspects of the bill were heard by the Area Plan Commission on October 17, 2017. At the request of the petitioner,the bill was continued indefinitely prior to its scheduled public hearing at the October 23, 2017, Common Council meeting. The petitioner now desires to proceed with its annexation/rezoning request. To accommodate this request, I respectfully ask that Bill 12-17 be re-filed with a 2018 bill number and, as this item previously had First Reading, be reinstated by the Common Council at its October 22 meeting. As this request has already been considered by the Area Plan Commission, it need not be referred there. Rather,the bill may be set for Second Reading(public hearing) at the Common Council's first meeting in November. If you have any questions, please feel free to contact me at 235-5843. Thank you. Sincerely, Michael P. Divita,AICP Planner cc: Larry Magliozzi &Angela Smith, Area Plan Commission EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building 1227 W.Jefferson Bvld.l South Bend,Indiana 46601 1 p 574.235.9371 I www.southbendin.gov LAWRENCE P. MAGLIOZZI FXECUTIVE DIRECTOR Angela M. Smith Deputy Dir.rl..r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 22 JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (57+) 235-9571 March 7, 2017 Filed in Clerk's Office South Bend Common Council 1 4th Floor, County-City Building South Bend, IN 46601 MAR 0 8 2017 , KAREEMIAH FOWLER RE: Rezoning for 17330 State Road 23 CRY CLERK SOUTH BEND. IN APC#2818-17 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 13, 2017 Council meeting, and set it for public hearing at your April 24, 2017 Council meeting. The petition is tentatively scheduled for public hearing at the April 18, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Since ely, 111,,'id M. Stanton, Jr. Planner CC: Adriana Rodriguez SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T T I N D I A N A.COM/A R E A P L A N BILL NO. 56-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To allow for uses in CB Community Business NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 3 EAST, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT "A" IN STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN TOWER MINOR SUBDIVISION, RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 94-32933 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA ; THENCE WEST ALONG THE EXISTING CITY LIMIT LINE 122' MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 23, ALSO BEING THE EAST LINE OF LOT 2A OF FOUNDATION CENTER FIRST REPLAT SUBDIVISION; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT-OF- WAY LINE OF STATE ROAD 23, 417 FEET MORE OR LESS TO THE SOUTH RIGHT-OF- WAY LINE OF DOUGLAS ROAD; THENCE EAST 120 FEET, MORE OR LESS, TO THE EAST RIGHT-OF-LINE OF STATE ROAD 23; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 23 TO THE EXISTING CITY LIMIT; THENCE WEST 18 FEET, MORE OR LESS, AND NORTHEASTERLY 127 FEET, MORE OR LESS, ALONG THE EXISTING CITY LIMIT LINE; THENCE SOUTHEASTERLY 30 FEET MORE, OR LESS, AND EASTERLY 215 FEET, MORE OR LESS, ALONG THE EXISTING CITY LIMIT LINE TO THE SOUTHEAST CORNER OF LOT "A" IN STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN TOWER MINOR SUBDIVISION, RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 94-32933 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 160 FEET; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 102.3 FEET; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 80 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 143.6 FEET TO THE POINT OF BEGINNING. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent right-of-ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB COMMUNITY BUSINESS DISTRICT, provided, however, that the required established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock _ . m. City Clerk Approved and signed by me on the day of 2 at o'clock m. Filed in Clerk's Office Mayor, City of South Bend, Indiana MAR pg 2011 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City ofSouth Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. Filed in Clerk's Office 1) The property sought to be rezoned is located at: 17330 State Road 23 South Bend, 1N 46635 MAR 0 8 2017 2) The property Tax Key Number(s)is/are: 002-2019-041102 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN 3) Legal Descriptions: A PART OF THE SOUTHWESTQUARTER OF THE SOUT CA sJ QUARTER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 3 EAST,ST.JOSEPH COUNTY, INDIANA,DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE EAST LINE OF SAID QUARTER QUARTER 200 FEET NORTH OF THE SOUTHEAST CORNER OF SAID QUARTER QUARTER; THENCE NORTH ALONG SAID EAST LINE TO A POINT THAT IS 259 FEET SOUTH OF THE INTERSECTION OF THE CENTER LINE OF STATE ROAD 23 AND THE EAST LINE OF SAID QUARTER QUARTER; THENCE WEST PARALLEL TO THE SOUTH LINE OF SECTION 29 AND ALONG THE SOUTH LINE OFA PARCEL OF LAND CONVEYED TO JOHN LANDON HAHN AND CATHERINE IRENE HAHN,HUSBAND AND WIFE, BY DEED RECORDED IN DEED RECORD 774,PAGE 634, TO THE CENTER LINE OF STATE ROAD 23; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF STATE ROAD 23 TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 29; THENCE EAST ALONG SAID SOUTH LINE 350 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OFA PARCEL OF LAND CONVEYED TO WALTER L. RHODES AND SOPHIE A. RHODES, HUSBAND AND WIFE, BY DEED RECORDED IN DEED RECORD 645, PAGE 458; THENCE NORTH ALONG THE WEST LINE OF SAID RHODES PARCEL 200 FEET; THENCE EAST 300 FEET TO THE POINT OF BEGINNING. BEING ALSO KNOWN AS: "LOT A"IN STANDARD FEDERAL BANK REPLAT,A REPLAT OF LOT 1 AND 2 TOWER MINOR SUBDIVISION, IN CLAY TOWNSHIP, ST. JOSEPH COUNTY,INDIANA RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 94-32933. 4) Total Site Area: 0.92 Acre+1- 5) Name and address of property owner(s)of the petition site: Old National Bank(Attn:Doug Gregurich) PO Box 718 Evansville, IN 47705-0718 812) 465-0678 doug.gregurich@oldnational.com Name and address of additional property owners,if applicable: N/A 6) Name and address of contingent purchaser(s),if applicable: Star 001, Inc. 2754 Lincoln Way East Mishawaka, IN 465544 260-602-6655 ronvpatel @kan orgro up.com Name and address of additional property owners, if applicable: N/A 7) It is desired and requested that this property be rezoned: r ! LLD MAR 062017 From: C:Commercial District(County)N/A AREA PLAN commrssIoN To: CB Community Business DistrictL,Vt71.T2,'CAVis, 7 8) This rezoning is requested to allow the following use(s): Gas Station and Convenience Store IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1)List each variance being requested. Contact Commission Staff ifyou need assistance. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: See attached. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: See attached. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See attached. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: N/A b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: N/A c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: N/A d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.N/A In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. FILE CONTACT PERSON: Abonmarche Consultants, Inc. (Attn: Brian McMorrow) MAR 0 6 2017 750 Lincoln Way East South Bend, IN 46601 AREA PLAN COMMISSION 574) 314-1022 1 ':s PL AT;i• NO. 2-8l -1 l bmcmorrow@abonmarche.com BYBY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signaute(s)of all property owner(s 1 signature of Attorney for all property owner(s): it.frr--0, 6, ( i 1 g e' i 8 gE 5; il srgrrpogc23ilr i''..' g s C' i 414-1 r , , 7 S _ I, CO.e2j s iii% Betio I q& 4 71f JOSEPH COUNTY( Y .. /s>iS, QDS _ g D7 9' lcfF CITY OF SOUTH BEND IC- 1 Cbz .\` Qe HQ • I y 4•y i:j7f1 1 F 0,„,x L'. ' . i . 7—, Y c,-o8T1 K Po joy E233m a2 . rn m b IW L7 - CO I 0 H N KI 1 17 v P Z µ 9. a • € T` OLD NATIONAL BANK :IABONMARCH E c s VIE DEVELOPMENT PLAN PROPERTY S B IAF N Ia-aa ST.JOSEPH CO., INDIANA d ii`y Y t-') , may={,'*- 1 'o Qc. 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