HomeMy WebLinkAboutRDC Packet 8.12.21South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, August 12, 2021 – 9:30 a.m.
http://tiny.cc/RDC081221
1.Roll Call
2.Approval of Minutes
A.Minutes of the Regular Meeting of Thursday, July 22, 2021
3.Approval of Claims
A.Claims Allowance Request 07.27.21
B.Claims Allowance Request 07.27.21
C.Claims Allowance Request 08.03.21
D.Claims Allowance Request 08.10.21
4.Old Business
5.New Business
A.River West Development Area
1.First Amendment to License Agreement for Musical Festival
2.Budget Request (TIF Neutralization – Baker Tilly)
3.Budget Request (Blackthorn Drainage Study)
4.Development Agreement (The Bakery Group, LLC)
B.River East Development Area
1.Budget Request (Seitz Park Phase III)
2.Resolution No. 3536 (Accepting Transfer of Property from BPW (3 Lots on SR23)
C.South Side Development Area
1.Development Agreement (Cultivating Life)
D.RDC General
1.Budget Request (United Way)
ITEM: 1
6.Progress Reports
A.Tax Abatement
B.Common Council
C.Other
7.Next Commission Meeting:
Thursday, August 26, 2021, 9:30 am
8.Adjournment
South Be n d.
Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, IN
46601
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
July 22, 2021
9:30 a.m.
Presiding: Marcia Jones, President South Bend, Indiana
The meeting was called to order at 9:35 a.m.
1.ROLL CALL
Members Present: Marcia Jones, President
Don Inks, Vice-President
Troy Warner, Commissioner
Eli Wax, Commissioner
Members Absent: Quentin Phillips, Secretary
Leslie Wesley, Commissioner
Legal Counsel: Sandra Kennedy, Esq.
Redevelopment Staff: Mary Brazinsky, Board Secretary
Others Present: Santiago Garces
Tim Corcoran
Andrew Netter
Jeff Ryan
Michael Surak
Kyle Silveus
Zach Hurst
Charlotte Brach
Conrad Damian
DCI
DCI
DCI
Real America
Real America
Engineering
Engineering
Engineering
Resident
ITEM: 2A
South Bend Redevelopment Commission Regular Meeting – July 22, 2021
2.Approval of Minutes
•Approval of Minutes of the Regular Meeting of Thursday, July 8, 2021
Upon a motion by Commissioner Warner, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved the minutes of the
regular meeting of Thursday, July 8, 2021.
3.Approval of Claims
•Claims Submitted for July 14a, July 20b, and July 20c, 2021
Upon a motion by Vice-President Inks, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved the claims for July 14a,
July 20b, and July 20c, 2021 submitted on Thursday, July 22, 2021.
4.Old Business
5.New Business
A.River West Development Area
1.Purchase Agreement (RealAmerica)
Mr. Garces Presented a Purchase Agreement (RealAmerica). This is for the sale
of 6 vacant lots across from the South Bend Cubs ballpark to RealAmerica in the
amount of $1,000 for potential redevelopment as a $12,000,000 mixed-income
multi-family housing complex. RealAmerica is applying for low-income housing tax
credits with an application being submitted to the state of Indiana by the end of
July. This has already received support from the Council if the project moves
forward. This will include 60 units of affordable housing with 12 of them being
reserved for those with disabilities and then adding an additional 67 units that
would be market rate that would come at a later date. Just a note that the
difference of the assessed value and the sale price counts as points that the
applicant has towards the tax credits. Commission approval is requested.
Commissioner Wax asked about the option in the REPA to purchase even if
RealAmerica does not receive the tax credits.
Mr. Garces responded that the developers are excited to do a project there
regardless of receiving the tax credits.
Mr. Jeff Ryan, Vice-President of Development for RealAmerica spoke to the
project stating that they are looking at the project first as the tax credits taking the
lead. The goal is to complete and submit the application in July 2021 and get the
awarded project in November 2021. Construction of all 127 units would then begin
next Spring (2022). If they are not successful on the tax credit application, they
will re-evaluate the program and may re-apply. They are very excited about the
site; speaking with his market analysis this morning, he said it is a very strong
South Bend Redevelopment Commission Regular Meeting – July 22, 2021
market for the project they are looking to provide to South Bend residents.
Upon a motion by Vice-President Inks, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved Purchase Agreement
(RealAmerica) submitted on Thursday, July 22, 2021.
6.Progress Reports
A.Tax Abatement
B.Common Council
C.Other
7.Next Commission Meeting:
Thursday, August 12, 2021, 9:30 a.m.
8.Adjournment
Thursday, July 22, 2021, 9:42 a.m.
Quentin Phillips, Secretary Marcia Jones, President
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Daniel Parker, City Controller
Date:Tuesday, July 27, 2021
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
submit them for allowance in the following amounts:
GBLN-0019239 $48,000.00
GBLN-0019426 $22,835.75
GBLN-0019652 $26,646.00
Total:$97,481.75
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:97,481.75$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
______________________________________________________________
Name:Name:
_______________________________
Name:_______________________________
Name:
_______________________________
Name:
ITEM: 3A
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Daniel Parker, City Controller
Date:Tuesday, July 27, 2021
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
submit them for allowance in the following amounts:
GBLN-0020189 $23,121.24
GBLN-0000000 $0.00
Total:$23,121.24
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:23,121.24$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
______________________________________________________________
Name:Name:
_______________________________
Name:_______________________________
Name:
_______________________________
Name:
ITEM: 3B
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Daniel Parker, City Controller
Date:Tuesday, August 3, 2021
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
submit them for allowance in the following amounts:
GBLN-0020589 $114,592.07
GBLN-0020577 $4,316,007.96
Total:$4,430,600.03
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:4,430,600.03$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
______________________________________________________________
Name:Name:
_______________________________
Name:_______________________________
Name:
_______________________________
Name:
ITEM: 3C
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Daniel Parker, City Controller
Date:Tuesday, August 10, 2021
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
submit them for allowance in the following amounts:
GBLN-0021011 $5,345.95
GBLN-0000000 $0.00
Total:$5,345.95
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:5,345.95$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
______________________________________________________________
Name:Name:
_______________________________
Name:_______________________________
Name:
_______________________________
Name:
ITEM: 3D
1
FIRST AMENDMENT TO LICENSE AGREEMENT FOR USE
This First Amendment to License Agreement For Use (this “First Amendment”) is dated
August 12, 2021 (the “Effective Date”), by and between the South Bend Redevelopment
Commission, governing body of the City of South Bend Department of Redevelopment (the
“Commission”), and M & M Promotions, LLC (the “Company”) (each a “Party” and collectively
the “Parties”).
RECITALS
A.The Commission and the Company entered into a License Agreement For Use
dated January 28, 2021 (the “Agreement”) with regard to the Property; and
B.The Company desired temporary access to portions of the Commission Property
during a ticketed public event occurring on September 18, 2021 (the “Event”),
C.The Parties now wish to amend the Agreement to change the date of the event.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this First
Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged,
the Parties agree as follows:
1.Recital A of the Agreement shall be deleted in its entirety and replaced with the following:
The Licensee desires temporary access to portions of the Commission Property during a
ticketed public event occurring on May 14, 2022 (the “Event”)
2.Section 2 of the Agreement shall be deleted in its entirety and replaced with the following:
Term and Termination. The Licensee’s license to use the Property shall be effective at
12:00 a.m. on May 7, 2022 and shall terminate at 11:59 p.m. on May 21, 2022 (the “Term”).
3.Unless expressly modified by this First Amendment, the terms and provisions of the
Agreement remain in full force and effect.
4.Capitalized terms used in this First Amendment will have the meanings set forth in the
Agreement unless otherwise stated herein.
Signature Page Follows
ITEM: 5A1
2
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
License Agreement for Temporary Parking to be effective as of the Effective Date stated above.
M&M PROMOTIONS, LLC.
_________________________
Doug Michael, Partner
_________________________
Steve Mihaljevic, Partner
SOUTH BEND REDEVELOPMENT COMMISSION
__________________________________
Marcia I. Jones, President
ATTEST:
______________________________
Quentin M. Phillips, Secretary
Redevelopment Commission Agenda Item
DATE: 8/12/2021
FROM: Amanda Pietsch
SUBJECT: 2021 Annual TIF Neutralization Budget Request
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request:
Requesting $15,000 for the 2021 annually required TIF Neutralization analysis and reporting,
prepared by Baker Tilly Municipal Advisors.
INTERNAL USE ONLY: Project ID: PROJ ;
Total Amount – New Project Budget Appropriation $_______________;
Total Amount – Existing Project Budget Change (increase or decrease) $_______________;
Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________;
Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________;
Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM: 5A2
Redevelopment Commission Agenda Item
DATE: 8/12/2021
FROM: Kara Boyles, City Engineer
SUBJECT: Budget Request (Blackthorn Drainage Study)
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request:
This request for $30,000 will allow for engineering services related to the Blackthorn Golf Club
Drainage Study. An analysis of the contributing watershed to the existing drainage basin as
shown in the attached Figure 1 will estimate the capacity of the basin under existing conditions
contrasted with anticipated future development, including the current development known as
the Claey’s Candy site. During the review of this site, the City was unable to locate as-built
drawings which would have confirmed the basin design and potential capacity. The City allowed
Claey’s Candy to connect to the basin based on the understanding that Engineering would need
to perform an evaluation of the basin to verify that it could serve Claey’s Candy as well as
additional adjacent properties in the future.
We request $30,000 for this study, which will verify the ability of the basin to fully or partially
serve as a master detention basin for future development conditions based on the City’s current
stormwater standards.
INTERNAL USE ONLY: Project ID: PROJ ;
Total Amount – New Project Budget Appropriation $_______________;
Total Amount – Existing Project Budget Change (increase or decrease) $_______________;
Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________;
Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________;
Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM: 5A3
Page | 2
1
DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”), is effective as of August 12, 2021 (the
“Effective Date”), by and between the City of South Bend, Department of Redevelopment, acting
by and through its governing body, the South Bend Redevelopment Commission (the
“Commission”), and The Bakery Group LLC, an Indiana limited liability company, with offices
at 1012 Riverside Drive, South Bend, Indiana 46616 (the “Developer”) (each, a “Party,” and
collectively, the “Parties”).
RECITALS
WHEREAS, the Commission exists and operates under the provisions of the
Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the “Act”);
and
WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
redevelopment areas are public uses and purposes for which public money may be spent; and
WHEREAS, the Developer owns certain vacant and inactive real property described in
Exhibit A, together with all improvements thereon and all easements, rights, licenses, and other
interests appurtenant thereto (collectively, the “Developer Property”); and
WHEREAS, the Developer currently has private financing and desires to construct,
renovate, or otherwise rehabilitate certain elements of the Developer Property (the “Project”) in
accordance with the project plan (the “Project Plan”) attached hereto as Exhibit B in order to
activate the Developer Property and create a positive effect in the neighborhood; and
WHEREAS, the Developer Property is located within the corporate boundaries of the City
of South Bend, Indiana (the “City”), within the River West Development Area (the “Area”); and
WHEREAS, the Commission has adopted (and subsequently amended, from time to time)
a development plan, which contemplates development of the Area consistent with the Project; and
WHEREAS, the Commission believes that accomplishing the Project as described herein
is in the best interests of the health, safety, and welfare of the City and its residents; and
WHEREAS, the Commission desires to facilitate and assist the Project by undertaking the
local public improvements stated in Exhibit C (the “Local Public Improvements”) and the
financing thereof, subject to the terms and conditions of this Agreement and in accordance with
the Act.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in
this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows:
SECTION 1. DEFINITIONS.
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have
the following meanings:
ITEM: 5A4
2
1.1 Assessed Value. “Assessed Value” means the market value-in-use of a property,
used for property tax assessment purposes as determined by the St. Joseph County Assessor.
1.2 Board of Works. “Board of Works” means the Board of Public Works of the City,
a public body granted the power to award contracts for public works pursuant to I.C. 36-1-12.
1.3 Funding Amount. “Funding Amount” means an amount not to exceed Three
Hundred Thousand Dollars ($300,000.00) of tax increment finance revenues to be used for paying
the costs associated with the construction, equipping, inspection, and delivery of the Local Public
Improvements.
1.4 Private Investment. “Private Investment” means a total amount over the course of
the Project equaling no less than Three Million Seven Hundred Fifty Thousand Dollars
($3,750,000.00) to be expended by the Developer for the costs associated with constructing the
improvements set forth in the Project Plan, including architectural, engineering, and any other
costs directly related to completion of the Project that are expected to contribute to increases in the
Assessed Value of the Developer Property.
SECTION 2. INTERPRETATION, TERMS, AND RECITALS.
2.1 Interpretation.
(a)The terms “herein,” “hereto,” “hereunder,” and all terms of similar import
shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section
of, or Exhibit to this Agreement.
(b)Unless otherwise specified, references in this Agreement to (i) “Section” or
“Article” shall be deemed to refer to the Section or Article of this Agreement bearing the
number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement
bearing the letter or number so specified, and (iii) references to this “Agreement” shall
mean this Agreement and any exhibits and attachments hereto.
(c)Captions used for or in Sections, Articles, and Exhibits of this Agreement
are for convenience of reference only and shall not affect the construction of this
Agreement.
(d)The terms “include”, “including” and “such as” shall each be construed as
if followed by the phrase “without being limited to.”
2.2 Recitals. The Recitals set forth above are incorporated into and are a part of this
Agreement for all purposes.
SECTION 3. ACCESS.
3.1 Grant of Easement. The Developer will grant to the Commission a temporary, non-
exclusive easement on, in, over, under and across any part(s) of the Developer Property (the
“Easement”) in the form attached hereto as Exhibit D, to permit the Commission to fulfill its
obligations under this Agreement, including the construction, equipping, inspection, and delivery
3
of the Local Public Improvements. The Easement shall (a) inure to the benefit of the Commission
and the Board of Works or any contractors acting on behalf of the Commission in connection with
the construction, equipping, inspection, and delivery of the Local Public Improvements; (b) shall
bind the Developer and its grantees, successors, and assigns; and (c) shall terminate no later than
upon completion of the Local Public Improvements, as determined by the Board of Works.
SECTION 4. DEVELOPER’S OBLIGATIONS.
4.1 Generally. The Parties acknowledge and agree that the Commission’s agreements
to perform and abide by the covenants and obligations set forth in this Agreement are material
consideration for the Developer’s commitment to perform and abide by the covenants and
obligations of the Developer contained in this Agreement.
4.2 The Project.
(a) The Developer will perform all necessary work to complete the
improvements set forth in the Project Plan attached hereto as Exhibit B and the plans and
specifications to be approved by the City Planner, or his designee, pursuant to Section 4.8
of this Agreement, which improvements shall comply with all zoning and land use laws
and ordinances.
(b)The Developer will expend at least One Million Dollars ($1,000,000.00) of
the Private Investment to complete the first portion of the Project in accordance with the
Project Plan attached hereto as Exhibit B and the plans and specifications to be approved
by the Commission pursuant to Section 4.8 of this Agreement.
4.3 Cooperation. The Developer agrees to endorse and support the Commission’s
efforts to expedite the Local Public Improvements through any required planning, design, public
bidding, construction, inspection, waiver, permitting, and related regulatory processes.
4.4 Obtain Necessary Easements. The Developer agrees to obtain any and all
easements from any governmental entity and/or any other third parties that the Developer or the
Commission deems necessary or advisable in order to complete the Local Public Improvements,
and the obtaining of such easements is a condition precedent to the Commission’s obligations
under this Agreement.
4.5 Timeframe for Completion. The Developer hereby agrees to complete the Project
and any other obligations the Developer may have under this Agreement, including the activation
of a portion of the Developer Property as set forth in the Project Plan, by the date that is thirty-six
(36)months after the Effective Date of this Agreement (the “Mandatory Project Completion Date”).
Notwithstanding any provision of this Agreement to the contrary, the Developer’s failure to
complete the Project or any other obligations the Developer may have under this Agreement by
the Mandatory Project Completion Date will constitute a default under this Agreement without
any requirement of notice of or an opportunity to cure such failure.
4
4.6 Reporting Obligations.
(a)Upon the letting of contracts for substantial portions of the Project and again
upon substantial completion of the Project, the Developer hereby agrees to report to the
Commission the number of local contractors and local laborers involved in the Project, the
amount of bid awards for each contract related to the Project, and information regarding
which contractor is awarded each contract with respect to the Project.
(b)On or before June 30 and December 31 of each year until substantial
completion of the Project, the Developer shall submit to the Commission a report
demonstrating the Developer’s good-faith compliance with the terms of this Agreement.
The report shall include the following information and documents: (i) a status report of the
construction completed to date, (ii) an update on the project schedule, and (iii) an itemized
accounting generally identifying the Private Investment to date.
4.7 Submission of Plans and Specifications for Project. Promptly upon completion of
all plans and specifications for the Project, or changes thereto, and prior to the Commission’s
expenditure of the Funding Amount, the Developer shall deliver a complete set thereof to the City
Planner, or his designee, who may request revisions or amendments to be made to the same and
may approve or disapprove of such plans as they relate to the overall plan for the area and
neighborhood, if any.
4.8 Costs and Expenses of Construction of Project. The Developer hereby agrees to
pay, or cause to be paid, all costs and expenses of planning, construction, management, and all
other activities or purposes associated with the Project (including legal, architectural, and
engineering fees), exclusive of the Local Public Improvements, which shall be paid for by the
Commission by and through the Funding Amount subject to the terms of this Agreement.
4.9 Specifications for Local Public Improvements. The Developer will be responsible
for the preparation of all bid specifications related to the Local Public Improvements, and the
Developer will pay all costs and expenses of such preparation, provided, however, that if the
Commission pays any costs or expenses of such preparation, then the amount paid by the
Commission will be deducted from the Funding Amount. The Developer will submit all bid
specifications related to the Local Public Improvements to the City of South Bend Engineering
Department (the “Engineering Department”). The Engineering Department review the bid
specifications in accordance with City requirements or policies and may request revisions or
amendments to be made to the same. The Engineering Department may approve or disapprove
said bid specifications for the Project in its sole discretion based upon their conformance with such
City requirements or policies. The Commission shall not be required to expend the Funding
Amount unless the Engineering Department has approved of all bid specifications.
4.10 Non-Interference. Developer hereby agrees to use commercially reasonable efforts
to minimize disruption for those living and working near the Developer Property during
construction of the Project.
4.11 Insurance. The Developer shall purchase and maintain comprehensive insurance
coverage as is appropriate for the work being performed with respect to the Project. The Developer
5
shall provide proof of such adequate insurance to the Commission and shall notify the Commission
and the City of any change in or termination of such insurance. During the period of construction
or provision of services regarding any Local Public Improvements, the Developer shall maintain
insurance in the kinds and for at least the minimum amounts as described in Exhibit E attached
hereto and the Commission and the City shall be named as additional insureds on such policies
(but not on any worker’s compensation policies).
4.12 Information. The Developer agrees to provide any and all due diligence items with
respect to the Project reasonably requested by the Commission.
SECTION 5. COMMISSION’S OBLIGATIONS.
5.1 Generally. The Parties acknowledge and agree that the Developer’s agreement to
perform and abide by the covenants and obligations set forth in this Agreement is material
consideration for the Commission’s commitment to perform and abide by the covenants and
obligations of the Commission contained in this Agreement.
5.2 Completion of Local Public Improvements.
(a) The Commission hereby agrees to complete (or cause to be completed) the
Local Public Improvements described in Exhibit C attached hereto on a schedule to be
reasonably determined and agreed to by the Commission and the Developer, as may be
modified due to unforeseen circumstances and delays.
(b) Before any work on the Local Public Improvements will commence, (a) the
Commission will have received satisfactory plans and specifications for the Project and
approved the same in accordance with Section 4.8 of this Agreement, and (b) the
Engineering Department will have received satisfactory bid specifications for the Local
Public Improvements and approved the same in accordance with Section 4.10 of this
Agreement.
(c) The Local Public Improvements will be completed in accordance with all
applicable public bidding and contracting laws and will be subject to inspection by the
Engineering Department or its designee.
(d) Notwithstanding anything contained herein to the contrary, in the event the
costs associated with the Local Public Improvements are in excess of the Funding Amount,
Developer, at its sole option, may determine to pay to the Commission the amount of the
excess costs to permit timely completion of the Local Public Improvements by the
Commission, or an agent of the Commission, which amounts shall be applied for such
purpose. If Developer chooses not to pay any such excess costs of the Local Public
Improvements (above the Funding Amount), the Commission may reduce the scope of the
Local Public Improvements to the amount which may be funded with the Funding Amount.
In no event will the Commission be required to spend more than the Funding Amount in
connection with the Local Public Improvements.
5.3 Cooperation. The Commission agrees to endorse and support the Developer’s
efforts to expedite the Project through any required planning, design, permitting, waiver, and
6
related regulatory processes, provided, however, that the Commission will not be required to
expend any money in connection therewith.
5.4 Public Announcements, Press Releases, and Marketing Materials. The
Commission hereby agrees to coordinate all public announcements and press releases relating to
the Project with the Developer.
SECTION 6. COOPERATION IN THE EVENT OF LEGAL CHALLENGE.
6.1 Cooperation. In the event of any administrative, legal, or equitable action or other
proceeding instituted by any person not a party to this Agreement challenging the validity of any
provision of this Agreement, the Parties shall cooperate in defending such action or proceeding to
settlement or final judgment including all appeals. Each Party shall select its own legal counsel
and retain such counsel at its own expense, and in no event shall the Commission be required to
bear the fees and costs of the Developer’s attorneys nor shall the Developer be required to bear the
fees and costs of the Commission’s attorneys. The Parties agree that if any other provision of this
Agreement, or this Agreement as a whole, is invalidated, rendered null, or set aside by a court of
competent jurisdiction, the Parties agree to be bound by the terms of this Section 6.1, which shall
survive such invalidation, nullification, or setting aside.
SECTION 7. DEFAULT.
7.1 Default. Any failure by either Party to perform any term or provision of this
Agreement, which failure continues uncured for a period of thirty (30) days following written
notice of such failure from the other Party, shall constitute a default under this Agreement. Any
notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and,
where appropriate, the manner in which said failure satisfactorily may be cured. Upon the
occurrence of a default under this Agreement, the non-defaulting Party may (a) terminate this
Agreement, or (b) institute legal proceedings at law or in equity (including any action to compel
specific performance) seeking remedies for such default. If the default is cured within thirty (30)
days after the notice described in this Section 7.1, then no default shall exist and the noticing Party
shall take no further action.
7.2 Reimbursement Obligation. In the event that the Developer fails (a) to complete
the Project by the Mandatory Project Completion Date, or (b) to expend the full amount of the
Private Investment by the Mandatory Project Completion Date, then upon the written demand of
the Commission, the Developer will repay the Commission One Hundred Fifty Percent (150%) of
the portion of the Funding Amount expended by the Commission in furtherance of the Local Public
Improvements as of the date of the Commission’s demand.
7.3 Force Majeure. Notwithstanding anything to the contrary contained in this
Agreement, none of the Parties shall be deemed to be in default where delays in performance or
failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor
disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of terrorism,
restrictions imposed or mandated by governmental entities, enactment of conflicting state or
federal laws or regulations, new or supplemental environments regulations, contract defaults by
third parties, or similar basis for excused performance which is not within the reasonable control
7
of the Party to be excused (each, an event of “Force Majeure”). Upon the request of any of the
Parties, a reasonable extension of any date or deadline set forth in this Agreement due to such
cause will be granted in writing for a period necessitated by the event of Force Majeure, or longer
as may be mutually agreed upon by all the Parties.
SECTION 8. NO AGENCY, JOINT VENTURE, OR PARTNERSHIP; CONFLICT OF
INTEREST; INDEMNITY.
8.1 No Agency, Joint Venture or Partnership. The Parties acknowledge and agree that:
(a) The Project is a private development;
(b)None of the Commission, the Board of Works, or the Developer has any
interest or responsibilities for, or due to, third parties concerning any improvements until
such time, and only until such time, that the Commission, the Board of Works, and/or the
Developer expressly accepts the same; and
(c) The Parties hereby renounce the existence of any form of agency
relationship, joint venture or partnership between the Commission, the Board of Works,
and the Developer and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the
Commission, the Board of Works, and the Developer.
8.2 Conflict of Interest; Commission Representatives Not Individually Liable. No
member, official, or employee of the Commission or the City may have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or employee participate
in any decision relating to this Agreement which affects his or her personal interests or the interests
of any corporation, partnership, or association in which he or she is, directly or indirectly,
interested. No member, official, or employee of the Commission or the City shall be personally
liable to the Developer, or any successor in interest, in the event of any default or breach by the
Commission or for any amount which may become due to the Developer, or its successors and
assigns, or on any obligations under the terms of this Agreement. No partner, member, employee,
or agent of the Developer or successors of them shall be personally liable to the Commission under
this Agreement.
8.3 Indemnity. The Developer agrees to indemnify, defend, and hold harmless the
Commission and the City from and against any third-party claims suffered by the Commission or
the City resulting from or incurred in connection with the Project.
SECTION 9. MISCELLANEOUS.
9.1 Severability. If any term or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions
of this Agreement shall continue in full force and effect unless amended or modified by mutual
consent of the parties.
8
9.2 Waiver. Neither the failure nor any delay on the part of a Party to exercise any
right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall
nay single or partial exercise of any right, remedy, power, or privilege preclude any other or further
exercise of the same or of any right, remedy, power, or privilege with respect to any occurrence
be construed as a waiver of any such right, remedy, power, or privilege with respect to any other
occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted
to have granted such waiver.
9.3 Other Necessary Acts. Each Party shall execute and deliver to the other Parties all
such other further instruments and documents as may be reasonably necessary to accomplish the
Project and the Local Public Improvements contemplated by this Agreement and to provide and
secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder.
Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated
by this Agreement may be required to be undertaken by persons, agencies, or entities that are not
a party to this Agreement, including, but not limited to certain permits, consents, and/or approvals
(to the extent they have not yet been obtained and completed), and that any action by such third
parties shall require independent approval by the respective person, agency, entity, or governing
body thereof.
9.4 Dispute Resolution; Waiver of Jury Trial. Any action to enforce the terms or
conditions of this Agreement or otherwise concerning a dispute under this Agreement will be
commenced in the courts of St. Joseph County, Indiana, unless the Parties mutually agree to an
alternative method of dispute resolution. The Parties acknowledge that disputes arising under this
Agreement are likely to be complex and they desire to streamline and minimize the cost of
resolving such disputes. In any legal proceeding, each Party irrevocably waives the right to trial
by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject
matter of this Agreement. This waiver applies to all claims against all parties to such actions and
proceedings. This waiver is knowingly, intentionally, and voluntarily made by both Parties.
9.5 Attorneys’ Fees. In the event of any litigation, mediation, or arbitration between
the Parties regarding an alleged breach of this Agreement, none of the Parties shall be entitled to
any award of attorney’s fees.
9.6 Equal Employment Opportunity. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Project:
(a) The Developer will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Developer agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause; and
(b)The Developer will state, in all solicitations or advertisements for
employees placed by or on behalf of the Developer, that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
9.7 Counterparts. This Agreement may be executed in separate counterparts, each of
which when so executed shall be an original, but all of which together shall constitute one and the
9
same instrument. Any electronically transmitted version of a manually executed original shall be
deemed a manually executed original.
9.8 Notices and Demands. Any notice, demand, or other communication required or
permitted under the terms of this Agreement may be delivered (a) by hand-delivery (which will be
deemed delivered at the time of receipt), (b) by registered or certified mail, return receipt requested
(which will be deemed delivered three (3) days after mailing), or (c) by overnight courier service
(which will be deemed delivered on the next business day) to each Party’s respective addresses
and representatives stated below.
Developer: The Bakery Group LLC
1012 Riverside Drive
South Bend, IN 46616
Attn: President
With a copy to: ______________________
______________________
______________________
Attn: ______________________
Commission: South Bend Redevelopment Commission
1400 S. County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Executive Director,
South Bend Department of Community Investment
With a copy to: South Bend Legal Department
1200 S. County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Corporation Counsel
9.9 Governing Law. This Agreement is governed by and construed in accordance with
the laws of the State of Indiana.
9.10 Authority. Each undersigned person executing and delivering this Agreement on
behalf of a Party represents and certifies that he or she is the duly authorized officer or
representative of such Party, that he or she has been fully empowered to execute and deliver this
Agreement on behalf of such Party, and that all necessary action to execute and deliver this
Agreement has been taken by such Party.
9.11 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended or shall be construed to confer upon any person, firm, or corporation other than the Parties
hereto and their respective successors or assigns, any remedy or claim under or by reason of this
Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise,
10
and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of
the Parties herein.
9.12 Assignment. The Developer’s rights under this Agreement shall be personal to the
Developer and shall not run with the land. The Developer may not assign its rights or obligations
under this Agreement to any third party without obtaining the Commission’s prior written consent
to such assignment, which the Commission may give or withhold in its sole discretion. In the
event the Developer seeks the Commission’s consent to any such assignment, the Developer shall
provide to the Commission all relevant information concerning the identities of the persons or
entities proposed to be involved in and an explanation of the purposes for the proposed
assignment(s).
9.13 Further Assurances. The Parties agree that they will each undertake in good faith,
as permitted by law, any action and execute and deliver any document reasonably required to carry
out the intents and purposes of this Agreement.
9.14 Exhibits. All exhibits described herein and attached hereto are incorporated into
this Agreement by reference.
9.15 Entire Agreement. No representation, promise, or inducement not included in this
Agreement will be binding upon the Parties hereto. This Agreement cannot be modified except
by mutual agreement of the Parties set forth in a written instrument signed by the Parties’
authorized representatives.
9.16 Time. Time is of the essence of this Agreement.
Signature Page Follows
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of
the Effective Date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Quentin M. Phillips, Secretary
THE BAKERY GROUP LLC
By: _____________________________________
Mike F. Keen, President
EXHIBIT A
Description of Developer Property
Real property in St. Joseph County, Indiana, commonly known as 906-910 Portage Avenue and
736 California in South Bend, Indiana, being more particularly described as follows:
906 Portage Avenue: Lot 33 of Shetterly Place Second Addition and 21 1-4' of the East End of
Lot A, comprising approximately 0.20 acres.
Parcel ID: 018-1060-2536
908 Portage Avenue: 81.1' of the West End of Lot A and Lots 113-114-115 of Shetterly Place
Second Addition, comprising approximately 0.67 acres.
Parcel ID: 018-1060-2535
736 California: Lot 112 and 72' West End Ex 20' West End of Shetterly Place Third Addition,
comprising approximately .06 acres.
Parcel ID: 018-1062-2658
EXHIBIT B
Project Plan
The Developer will complete the following work in accordance with the terms and
conditions of this Agreement and in compliance with all applicable laws and regulations:
Renovation and activation of the former Ward Bakery/Ford Distributing Building into a
community and commercial center, with a focus on small businesses and individual entrepreneurs.
EXHIBIT C
Description of Local Public Improvements
The Commission will complete, or cause to be completed, the following work in
accordance with the terms and conditions of this Agreement and in compliance with all applicable
laws and regulations:
1. Windows and Doors/Storefront Primary elevations, Portage-West Facade, South Facade
and North Façade) Alternate for the alley elevation
2. Masonry Repair and Rehabilitation: Primary elevations, Portage-West facade, South
facade and North Façade) Alternate for the alley elevation
EXHIBIT D
Form of Easement
GRANT OF TEMPORARY EASEMENT
THIS INDENTURE, made as of the day of _______________, 202__ (the “Effective
Date”), by and between The Bakery Group, LLC, an Indiana limited liability company with offices at 1012
Riverside Drive, South Bend, Indiana 46616 (the “Grantor”), and the South Bend Redevelopment
Commission, governing body of the City of South Bend Department of Redevelopment, 1400 S. County-
City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (the “Grantee”).
WITNESSETH:
For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which
Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary, non-
exclusive easement (the “Easement”) on, in, over, under and across the real property described in attached
Exhibit 1 (the “Property”) for the construction, equipping, and delivery of certain improvements on the
Property (the “Local Public Improvements”), together with the right of ingress to and egress from the
Easement for said purposes, all pursuant to a certain Development Agreement by and between Grantor and
Grantee, dated _________________, 2021 (the “Development Agreement”). Capitalized terms not
otherwise defined herein shall have the meanings set forth in the Development Agreement.
The Easement granted herein shall pertain to the air, surface, and subsurface rights and interests of
Grantor, for the use and benefit of Grantee, and its successors and assigns, to the extent necessary to
accomplish and carry out the construction, equipping, and delivery of the Local Improvements on the
Property. The Easement hereby granted includes the right and privilege for Grantee at reasonable times to
clean and remove from said Easement any debris or obstructions interfering with said Easement.
The Easement granted herein, and its associated benefits and obligations, shall inure to the benefit
of Grantee and Grantee’s contractors acting on Grantee’s behalf in connection with the Local Public
Improvements.
Notwithstanding anything contained herein to the contrary, unless extended in writing by Grantor,
the Easement shall terminate and be of no further force and effect on the date (hereinafter, the “Construction
Termination Date”) of the earliest of the following: (a) completion of the Local Public Improvements; (b)
expiration or earlier termination of the Development Agreement; or (c) such earlier date as Grantor and
Grantee may agree to in writing.
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on the date shown in
the acknowledgment set forth below to be effective as of the Effective Date.
GRANTOR:
THE BAKER GROUP LLC
Printed:
Its:
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally appeared
_______________________, to me known to be the _____________ of the Grantor in the above Grant of
Temporary Easement, and acknowledged the execution of the same as the Grantor’s free and voluntary act
and deed.
WITNESS my hand and Notarial Seal this day of _______________, 202__.
_______________________________________
____________________, Notary Public
Residing in County, IN
My Commission Expires: _______________________
This instrument was prepared by Sandra L. Kennedy, Assistant City Attorney, City of South Bend, Indiana, 227 W. Jefferson Blvd., Ste. 1200S,
South Bend, IN 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. ______________________.
EXHIBIT 1
Description of Property
Real property in St. Joseph County, Indiana, commonly known as 906-910 Portage Avenue and
736 California in South Bend, Indiana, being more particularly described as follows:
906 Portage Avenue: Lot 33 of Shetterly Place Second Addition and 21 1-4' of the East End of
Lot A, comprising approximately 0.20 acres.
Parcel ID: 018-1060-2536
908 Portage Avenue: 81.1' of the West End of Lot A and Lots 113-114-115 of Shetterly Place
Second Addition, comprising approximately 0.67 acres.
Parcel ID: 018-1060-2535
736 California: Lot 112 and 72' West End Ex 20' West End of Shetterly Place Third Addition,
comprising approximately .06 acres.
Parcel ID: 018-1062-2658
EXHIBIT E
Minimum Insurance Amounts
A.Worker’s Compensation
1.State Statutory
2.Applicable Federal Statutory
3. Employer’s Liability $100,000.00
B.Comprehensive General Liability
1. Bodily Injury
a.$5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate Products
and Completed Operation
2.Property Damage
a.$5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate
C.Comprehensive Automobile Liability
1. Bodily Injury
a.$500,000.00 Each Person
b. $500,000.00 Each Accident
2.Property Damage
a.$500,000.00 Each Occurrence
Redevelopment Commission Agenda Item
DATE: August 12, 2021
FROM: Santiago Garces
SUBJECT: Seitz Park Phase III
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request:
The City is seeking to appropriate $700,000 to complete the design and construction of Seitz
Park Phase III. This project aims at improving access to the new park, considering improvements
to parking, sidewalks, and curbs.
This project aims at restoring public facilities impacted by the construction of the park, and
improving the entrance to the park and trail system.
INTERNAL USE ONLY: Project ID: PROJ00000079 ;
Total Amount – New Project Budget Appropriation $700,000____;
Total Amount – Existing Project Budget Change (increase or decrease) $_______________;
Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________;
Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________;
Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM: 5B1
Santiago Garces, Executive Director
Memorandum
DATE: August 11, 2021
TO: Redevelopment Commission
FROM: Andrew Netter, Department of Community Investment
SUBJECT: Resolution Accepting the Transfer of Property From BPW
The Department of Community Investment is asking for the Redevelopment Commission to
approve the resolution, accepting the transfer of 3 lots along South Bend Ave (State Road 23) from
the Board of Public Works.
The Board of the Public Works acquired these properties in 2018 after South Bend Ave. (State
Road 23) was realigned by the State Department of Transportation. With increased interest in
redevelopment of property within this area of the River East Development area, the Department
of Community Investment feels that it is within the best interest of the City to transfer the property
to the Redevelopment Commission for eventual disposition.
ITEM: 5B2
RESOLUTION NO. 3536
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE SOUTH BEND BOARD OF PUBLIC WORKS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) is the
governing body of the City of South Bend, Indiana (the “City”), Department of Redevelopment
and exists and operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and
WHEREAS, the South Bend Board of Public Works (the “Board”) exists and operates
pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City pursuant to
Indiana Code Section 36-9-6-3, and is authorized to transfer such property to another
governmental entity pursuant to Indiana Code Section 36-1-11-8; and
WHEREAS, the Board owns three (3) parcels of real property in the River East
Development Area of the City along South Bend Avenue (State Road 23), which are more
particularly described on Exhibit A (together, the "Property"); and
WHEREAS, pursuant to declaratory resolutions previously adopted and amended from
time to time, the Commission has declared a certain area of the City known as the “River East
Development Area” as a redevelopment area and an allocation area under the Act and approved
an economic development plan for the Area; and
WHEREAS, the Commission desires to obtain title to the Property to encourage the
redevelopment of the property and for any other purpose authorized by the Act; and
WHEREAS, the Board approved the conveyance of the Property pursuant to its
Resolution -2021 at its regular meeting held on August 10, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1.The Commission hereby accepts the conveyance of the Property from the Board
pursuant to I.C. 36-1-11-8 in the form of a quit claim deed substantially similar to the document
attached hereto as Exhibit B, conveying all of the Board’s right, title, and interest in the Property
to the Commission.
2.The Commission authorizes Andrew Netter of the City’s Department of
Community Investment to act on behalf of the Commission in presenting the deed for
recordation in the Office of the Recorder of St. Joseph County, Indiana and executing any other
document necessary to affect the Commission’s acceptance of the Property.
3.This Resolution will be in full force and effect upon its adoption by the
Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
August 12, 2021.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Quentin M. Phillips, Secretary
EXHIBIT A
Legal Description
Parcel Number: 71-09-06-154-004.000-026
Tax ID: 018-5095-3334
Legal Description: Lot 4 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18
Commonly Known As: 1210 South Bend Avenue, South Bend, IN 46617
Parcel Number: 71-09-06-154-003.000-026
Tax ID: 018-5095-3335
Legal Description: Lot 5 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18
Commonly Known As: 1214 South Bend Avenue, South Bend, IN 46617
Parcel Number: 71-09-06-154-001.000-026
Tax ID: 018-5095-3337
Legal Description: Lot 7 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18
Commonly Known As: 1220 South Bend Avenue, South Bend, IN 46617
EXHIBIT B
Form of Quit Claim Deed
1
DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”), is effective as of August 12, 2021 (the
“Effective Date”), by and between the City of South Bend, Department of Redevelopment, acting
by and through its governing body, the South Bend Redevelopment Commission (the
“Commission”), and The Nexus Center LLC, an Indiana limited liability company, with its
registered address at 21710 Ravenna Drive, South Bend, Indiana 46628 (the “Developer”) (each,
a “Party,” and collectively, the “Parties”).
RECITALS
WHEREAS, the Commission exists and operates under the provisions of the
Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the “Act”);
and
WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
redevelopment areas are public uses and purposes for which public money may be spent; and
WHEREAS, the Developer owns certain vacant and inactive real property described in
Exhibit A, together with all improvements thereon and all easements, rights, licenses, and other
interests appurtenant thereto (collectively, the “Developer Property”); and
WHEREAS, the Developer currently has private financing and desires to construct,
renovate, or otherwise rehabilitate certain elements of the Developer Property (the “Project”) in
accordance with the project plan (the “Project Plan”) attached hereto as Exhibit B in order to
activate the Developer Property and create a positive effect in the neighborhood; and
WHEREAS, the Developer Property is located within the corporate boundaries of the City
of South Bend, Indiana (the “City”), within the South Side Development Area (the “Area”); and
WHEREAS, the Commission has adopted (and subsequently amended, from time to time)
a development plan, which contemplates development of the Area consistent with the Project; and
WHEREAS, the Commission believes that accomplishing the Project as described herein
is in the best interests of the health, safety, and welfare of the City and its residents; and
WHEREAS, the Commission desires to facilitate and assist the Project by undertaking the
local public improvements stated in Exhibit C (the “Local Public Improvements”) and the
financing thereof, subject to the terms and conditions of this Agreement and in accordance with
the Act.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in
this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows:
SECTION 1. DEFINITIONS.
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have
the following meanings:
ITEM: 5C1
2
1.1 Assessed Value. “Assessed Value” means the market value-in-use of a property,
used for property tax assessment purposes as determined by the St. Joseph County Assessor.
1.2 Board of Works. “Board of Works” means the Board of Public Works of the City,
a public body granted the power to award contracts for public works pursuant to I.C. 36-1-12.
1.3 Funding Amount. “Funding Amount” means an amount not to exceed Three
Hundred Thousand Dollars ($300,000.00) of tax increment finance revenues to be used for paying
the costs associated with the construction, equipping, inspection, and delivery of the Local Public
Improvements.
1.4 Private Investment. “Private Investment” means a total amount over the course of
the Project equaling no less than One Million Dollars ($1,000,000.00) to be expended by the
Developer for the costs associated with constructing the improvements set forth in the Project Plan,
including architectural, engineering, and any other costs directly related to completion of the
Project that are expected to contribute to increases in the Assessed Value of the Developer Property.
SECTION 2. INTERPRETATION, TERMS, AND RECITALS.
2.1 Interpretation.
(a) The terms “herein,” “hereto,” “hereunder,” and all terms of similar import
shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section
of, or Exhibit to this Agreement.
(b) Unless otherwise specified, references in this Agreement to (i) “Section” or
“Article” shall be deemed to refer to the Section or Article of this Agreement bearing the
number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement
bearing the letter or number so specified, and (iii) references to this “Agreement” shall
mean this Agreement and any exhibits and attachments hereto.
(c) Captions used for or in Sections, Articles, and Exhibits of this Agreement
are for convenience of reference only and shall not affect the construction of this
Agreement.
(d) The terms “include”, “including” and “such as” shall each be construed as
if followed by the phrase “without being limited to.”
2.2 Recitals. The Recitals set forth above are incorporated into and are a part of this
Agreement for all purposes.
SECTION 3. ACCESS.
3.1 Grant of Easement. The Developer will grant to the Commission a temporary, non-
exclusive easement on, in, over, under and across any part(s) of the Developer Property (the
“Easement”) in the form attached hereto as Exhibit D, to permit the Commission to fulfill its
obligations under this Agreement, including the construction, equipping, inspection, and delivery
of the Local Public Improvements. The Easement shall (a) inure to the benefit of the Commission
3
and the Board of Works or any contractors acting on behalf of the Commission in connection with
the construction, equipping, inspection, and delivery of the Local Public Improvements; (b) shall
bind the Developer and its grantees, successors, and assigns; and (c) shall terminate no later than
upon completion of the Local Public Improvements, as determined by the Board of Works.
SECTION 4. DEVELOPER’S OBLIGATIONS.
4.1 Generally. The Parties acknowledge and agree that the Commission’s agreements
to perform and abide by the covenants and obligations set forth in this Agreement are material
consideration for the Developer’s commitment to perform and abide by the covenants and
obligations of the Developer contained in this Agreement.
4.2 The Project.
(a) The Developer will perform all necessary work to complete the
improvements set forth in the Project Plan attached hereto as Exhibit B and the plans and
specifications to be approved by the City Planner, or his designee, pursuant to Section 4.8
of this Agreement, which improvements shall comply with all zoning and land use laws
and ordinances.
(b) The Developer will expend the Private Investment to complete the first
portion of the Project in accordance with the Project Plan attached hereto as Exhibit B and
the plans and specifications to be approved by the Commission pursuant to Section 4.8 of
this Agreement.
4.3 Cooperation. The Developer agrees to endorse and support the Commission’s
efforts to expedite the Local Public Improvements through any required planning, design, public
bidding, construction, inspection, waiver, permitting, and related regulatory processes.
4.4 Obtain Necessary Easements. The Developer agrees to obtain any and all
easements from any governmental entity and/or any other third parties that the Developer or the
Commission deems necessary or advisable in order to complete the Local Public Improvements,
and the obtaining of such easements is a condition precedent to the Commission’s obligations
under this Agreement.
4.5 Timeframe for Completion. The Developer hereby agrees to complete the Project
and any other obligations the Developer may have under this Agreement, including the activation
of a portion of the Developer Property as set forth in the Project Plan, by the date that is thirty-six
(36) months after the Effective Date of this Agreement (the “Mandatory Project Completion Date”).
Notwithstanding any provision of this Agreement to the contrary, the Developer’s failure to
complete the Project or any other obligations the Developer may have under this Agreement by
the Mandatory Project Completion Date will constitute a default under this Agreement without
any requirement of notice of or an opportunity to cure such failure.
4
4.6 Reporting Obligations.
(a) Upon the letting of contracts for substantial portions of the Project and again
upon substantial completion of the Project, the Developer hereby agrees to report to the
Commission the number of local contractors and local laborers involved in the Project, the
amount of bid awards for each contract related to the Project, and information regarding
which contractor is awarded each contract with respect to the Project.
(b) On or before June 30 and December 31 of each year until substantial
completion of the Project, the Developer shall submit to the Commission a report
demonstrating the Developer’s good-faith compliance with the terms of this Agreement.
The report shall include the following information and documents: (i) a status report of the
construction completed to date, (ii) an update on the project schedule, and (iii) an itemized
accounting generally identifying the Private Investment to date.
4.7 Submission of Plans and Specifications for Project. Promptly upon completion of
all plans and specifications for the Project, or changes thereto, and prior to the Commission’s
expenditure of the Funding Amount, the Developer shall deliver a complete set thereof to the City
Planner, or his designee, who may request revisions or amendments to be made to the same and
may approve or disapprove of such plans as they relate to the overall plan for the area and
neighborhood, if any.
4.8 Costs and Expenses of Construction of Project. The Developer hereby agrees to
pay, or cause to be paid, all costs and expenses of planning, construction, management, and all
other activities or purposes associated with the Project (including legal, architectural, and
engineering fees), exclusive of the Local Public Improvements, which shall be paid for by the
Commission by and through the Funding Amount subject to the terms of this Agreement.
4.9 Specifications for Local Public Improvements. The Developer will be responsible
for the preparation of all bid specifications related to the Local Public Improvements, and the
Developer will pay all costs and expenses of such preparation, provided, however, that if the
Commission pays any costs or expenses of such preparation, then the amount paid by the
Commission will be deducted from the Funding Amount. The Developer will submit all bid
specifications related to the Local Public Improvements to the City of South Bend Engineering
Department (the “Engineering Department”). The Engineering Department review the bid
specifications in accordance with City requirements or policies and may request revisions or
amendments to be made to the same. The Engineering Department may approve or disapprove
said bid specifications for the Project in its sole discretion based upon their conformance with such
City requirements or policies. The Commission shall not be required to expend the Funding
Amount unless the Engineering Department has approved of all bid specifications.
4.10 Non-Interference. Developer hereby agrees to use commercially reasonable efforts
to minimize disruption for those living and working near the Developer Property during
construction of the Project.
4.11 Insurance. The Developer shall purchase and maintain comprehensive insurance
coverage as is appropriate for the work being performed with respect to the Project. The Developer
5
shall provide proof of such adequate insurance to the Commission and shall notify the Commission
and the City of any change in or termination of such insurance. During the period of construction
or provision of services regarding any Local Public Improvements, the Developer shall maintain
insurance in the kinds and for at least the minimum amounts as described in Exhibit E attached
hereto and the Commission and the City shall be named as additional insureds on such policies
(but not on any worker’s compensation policies).
4.12 Information. The Developer agrees to provide any and all due diligence items with
respect to the Project reasonably requested by the Commission.
4.13 Other Incentives. The Developer agrees that, for its completion of the Project, as
defined in the Project Plan, the Developer will not request or pursue any financial incentive or
support from the City other than the Commission's commitment of the Funding Amount under
this Agreement, including without limitation ay tax abatement with respect to the Developer
Property or any other property associated with the Project.
SECTION 5. COMMISSION’S OBLIGATIONS.
5.1 Generally. The Parties acknowledge and agree that the Developer’s agreement to
perform and abide by the covenants and obligations set forth in this Agreement is material
consideration for the Commission’s commitment to perform and abide by the covenants and
obligations of the Commission contained in this Agreement.
5.2 Completion of Local Public Improvements.
(a) The Commission hereby agrees to complete (or cause to be completed) the
Local Public Improvements described in Exhibit C attached hereto on a schedule to be
reasonably determined and agreed to by the Commission and the Developer, as may be
modified due to unforeseen circumstances and delays.
(b) Before any work on the Local Public Improvements will commence, (a) the
Commission will have received satisfactory plans and specifications for the Project and
approved the same in accordance with Section 4.8 of this Agreement, and (b) the
Engineering Department will have received satisfactory bid specifications for the Local
Public Improvements and approved the same in accordance with Section 4.10 of this
Agreement.
(c) The Local Public Improvements will be completed in accordance with all
applicable public bidding and contracting laws and will be subject to inspection by the
Engineering Department or its designee.
(d) Notwithstanding anything contained herein to the contrary, in the event the
costs associated with the Local Public Improvements are in excess of the Funding Amount,
Developer, at its sole option, may determine to pay to the Commission the amount of the
excess costs to permit timely completion of the Local Public Improvements by the
Commission, or an agent of the Commission, which amounts shall be applied for such
purpose. If Developer chooses not to pay any such excess costs of the Local Public
6
Improvements (above the Funding Amount), the Commission may reduce the scope of the
Local Public Improvements to the amount which may be funded with the Funding Amount.
In no event will the Commission be required to spend more than the Funding Amount in
connection with the Local Public Improvements.
5.3 Cooperation. The Commission agrees to endorse and support the Developer’s
efforts to expedite the Project through any required planning, design, permitting, waiver, and
related regulatory processes, provided, however, that the Commission will not be required to
expend any money in connection therewith.
5.4 Public Announcements, Press Releases, and Marketing Materials. The
Commission hereby agrees to coordinate all public announcements and press releases relating to
the Project with the Developer.
SECTION 6. COOPERATION IN THE EVENT OF LEGAL CHALLENGE.
6.1 Cooperation. In the event of any administrative, legal, or equitable action or other
proceeding instituted by any person not a party to this Agreement challenging the validity of any
provision of this Agreement, the Parties shall cooperate in defending such action or proceeding to
settlement or final judgment including all appeals. Each Party shall select its own legal counsel
and retain such counsel at its own expense, and in no event shall the Commission be required to
bear the fees and costs of the Developer’s attorneys nor shall the Developer be required to bear the
fees and costs of the Commission’s attorneys. The Parties agree that if any other provision of this
Agreement, or this Agreement as a whole, is invalidated, rendered null, or set aside by a court of
competent jurisdiction, the Parties agree to be bound by the terms of this Section 6.1, which shall
survive such invalidation, nullification, or setting aside.
SECTION 7. DEFAULT.
7.1 Default. Any failure by either Party to perform any term or provision of this
Agreement, which failure continues uncured for a period of thirty (30) days following written
notice of such failure from the other Party, shall constitute a default under this Agreement. Any
notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and,
where appropriate, the manner in which said failure satisfactorily may be cured. Upon the
occurrence of a default under this Agreement, the non-defaulting Party may (a) terminate this
Agreement, or (b) institute legal proceedings at law or in equity (including any action to compel
specific performance) seeking remedies for such default. If the default is cured within thirty (30)
days after the notice described in this Section 7.1, then no default shall exist and the noticing Party
shall take no further action.
7.2 Reimbursement Obligation. In the event that the Developer fails (a) to complete
the Project by the Mandatory Project Completion Date, or (b) to expend the full amount of the
Private Investment by the Mandatory Project Completion Date, then upon the written demand of
the Commission, the Developer will repay the Commission One Hundred Fifty Percent (150%) of
the portion of the Funding Amount expended by the Commission in furtherance of the Local Public
Improvements as of the date of the Commission’s demand.
7
7.3 Force Majeure. Notwithstanding anything to the contrary contained in this
Agreement, none of the Parties shall be deemed to be in default where delays in performance or
failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor
disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of terrorism,
restrictions imposed or mandated by governmental entities, enactment of conflicting state or
federal laws or regulations, new or supplemental environments regulations, contract defaults by
third parties, or similar basis for excused performance which is not within the reasonable control
of the Party to be excused (each, an event of “Force Majeure”). Upon the request of any of the
Parties, a reasonable extension of any date or deadline set forth in this Agreement due to such
cause will be granted in writing for a period necessitated by the event of Force Majeure, or longer
as may be mutually agreed upon by all the Parties.
SECTION 8. NO AGENCY, JOINT VENTURE, OR PARTNERSHIP; CONFLICT OF
INTEREST; INDEMNITY.
8.1 No Agency, Joint Venture or Partnership. The Parties acknowledge and agree that:
(a) The Project is a private development;
(b) None of the Commission, the Board of Works, or the Developer has any
interest or responsibilities for, or due to, third parties concerning any improvements until
such time, and only until such time, that the Commission, the Board of Works, and/or the
Developer expressly accepts the same; and
(c) The Parties hereby renounce the existence of any form of agency
relationship, joint venture or partnership between the Commission, the Board of Works,
and the Developer and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the
Commission, the Board of Works, and the Developer.
8.2 Conflict of Interest; Commission Representatives Not Individually Liable. No
member, official, or employee of the Commission or the City may have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or employee participate
in any decision relating to this Agreement which affects his or her personal interests or the interests
of any corporation, partnership, or association in which he or she is, directly or indirectly,
interested. No member, official, or employee of the Commission or the City shall be personally
liable to the Developer, or any successor in interest, in the event of any default or breach by the
Commission or for any amount which may become due to the Developer, or its successors and
assigns, or on any obligations under the terms of this Agreement. No partner, member, employee,
or agent of the Developer or successors of them shall be personally liable to the Commission under
this Agreement.
8.3 Indemnity. The Developer agrees to indemnify, defend, and hold harmless the
Commission and the City from and against any third-party claims suffered by the Commission or
the City resulting from or incurred in connection with the Project.
8
SECTION 9. MISCELLANEOUS.
9.1 Severability. If any term or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions
of this Agreement shall continue in full force and effect unless amended or modified by mutual
consent of the parties.
9.2 Waiver. Neither the failure nor any delay on the part of a Party to exercise any
right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall
nay single or partial exercise of any right, remedy, power, or privilege preclude any other or further
exercise of the same or of any right, remedy, power, or privilege with respect to any occurrence
be construed as a waiver of any such right, remedy, power, or privilege with respect to any other
occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted
to have granted such waiver.
9.3 Other Necessary Acts. Each Party shall execute and deliver to the other Parties all
such other further instruments and documents as may be reasonably necessary to accomplish the
Project and the Local Public Improvements contemplated by this Agreement and to provide and
secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder.
Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated
by this Agreement may be required to be undertaken by persons, agencies, or entities that are not
a party to this Agreement, including, but not limited to certain permits, consents, and/or approvals
(to the extent they have not yet been obtained and completed), and that any action by such third
parties shall require independent approval by the respective person, agency, entity, or governing
body thereof.
9.4 Dispute Resolution; Waiver of Jury Trial. Any action to enforce the terms or
conditions of this Agreement or otherwise concerning a dispute under this Agreement will be
commenced in the courts of St. Joseph County, Indiana, unless the Parties mutually agree to an
alternative method of dispute resolution. The Parties acknowledge that disputes arising under this
Agreement are likely to be complex and they desire to streamline and minimize the cost of
resolving such disputes. In any legal proceeding, each Party irrevocably waives the right to trial
by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject
matter of this Agreement. This waiver applies to all claims against all parties to such actions and
proceedings. This waiver is knowingly, intentionally, and voluntarily made by both Parties.
9.5 Attorneys’ Fees. In the event of any litigation, mediation, or arbitration between
the Parties regarding an alleged breach of this Agreement, none of the Parties shall be entitled to
any award of attorney’s fees.
9.6 Equal Employment Opportunity. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Project:
(a) The Developer will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Developer agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause; and
9
(b) The Developer will state, in all solicitations or advertisements for
employees placed by or on behalf of the Developer, that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
9.7 Counterparts. This Agreement may be executed in separate counterparts, each of
which when so executed shall be an original, but all of which together shall constitute one and the
same instrument. Any electronically transmitted version of a manually executed original shall be
deemed a manually executed original.
9.8 Notices and Demands. Any notice, demand, or other communication required or
permitted under the terms of this Agreement may be delivered (a) by hand-delivery (which will be
deemed delivered at the time of receipt), (b) by registered or certified mail, return receipt requested
(which will be deemed delivered three (3) days after mailing), or (c) by overnight courier service
(which will be deemed delivered on the next business day) to each Party’s respective addresses
and representatives stated below.
Developer: The Nexus Center LLC
21710 Ravenna Drive
South Bend, IN 46628
Attn: Manager
With a copy to: ______________________
______________________
______________________
Attn: ______________________
Commission: South Bend Redevelopment Commission
1400 S. County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Executive Director,
South Bend Department of Community Investment
With a copy to: South Bend Legal Department
1200 S. County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Corporation Counsel
9.9 Governing Law. This Agreement is governed by and construed in accordance with
the laws of the State of Indiana.
9.10 Authority. Each undersigned person executing and delivering this Agreement on
behalf of a Party represents and certifies that he or she is the duly authorized officer or
representative of such Party, that he or she has been fully empowered to execute and deliver this
Agreement on behalf of such Party, and that all necessary action to execute and deliver this
Agreement has been taken by such Party.
10
9.11 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended or shall be construed to confer upon any person, firm, or corporation other than the Parties
hereto and their respective successors or assigns, any remedy or claim under or by reason of this
Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise,
and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of
the Parties herein.
9.12 Assignment. The Developer’s rights under this Agreement shall be personal to the
Developer and shall not run with the land. The Developer may not assign its rights or obligations
under this Agreement to any third party without obtaining the Commission’s prior written consent
to such assignment, which the Commission may give or withhold in its sole discretion. In the
event the Developer seeks the Commission’s consent to any such assignment, the Developer shall
provide to the Commission all relevant information concerning the identities of the persons or
entities proposed to be involved in and an explanation of the purposes for the proposed
assignment(s).
9.13 Further Assurances. The Parties agree that they will each undertake in good faith,
as permitted by law, any action and execute and deliver any document reasonably required to carry
out the intents and purposes of this Agreement.
9.14 Exhibits. All exhibits described herein and attached hereto are incorporated into
this Agreement by reference.
9.15 Entire Agreement. No representation, promise, or inducement not included in this
Agreement will be binding upon the Parties hereto. This Agreement cannot be modified except
by mutual agreement of the Parties set forth in a written instrument signed by the Parties’
authorized representatives.
9.16 Time. Time is of the essence of this Agreement.
Signature Page Follows
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of
the Effective Date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Quentin M. Phillips, Secretary
THE NEXUS CENTER LLC
By: _____________________________________
David R. Buggs, Sr., Manager
EXHIBIT A
Description of Developer Property
Real property in St. Joseph County, Indiana, commonly known as 3607 S. Main Street, South
Bend, Indiana, and more particularly described as Lots 1 through 5 of the Ida M. Walz
Subdivision and Lots D & E of the J E Walz Revised and the vacated Street and vacated alley,
along with Tr 28'N Side of Tr 200' East and West East of Jains Addition, also vacated alley N
and Adjacent sec. 24-37-2e.
Parcel Nos. 018-8019-079701 and 018-8019-079804
EXHIBIT B
Project Plan
The Developer will complete the following work in accordance with the terms and
conditions of this Agreement and in compliance with all applicable laws and regulations:
Renovation and activation of the Developer Property into a cultural, community, and
commercial center, with a focus on family health and wellness, economic development, financial
literacy, education, and crime prevention.
EXHIBIT C
Description of Local Public Improvements
The Commission will complete, or cause to be completed, the following work in
accordance with the terms and conditions of this Agreement and in compliance with all applicable
laws and regulations such local public improvements as agreed upon between the parties.
EXHIBIT D
Form of Easement
GRANT OF TEMPORARY EASEMENT
THIS INDENTURE, made as of the day of _______________, 202__ (the “Effective
Date”), by and between Cultivating Life, Inc., an Indiana nonprofit corporation with a registered office at
1042 Western Avenue, South Bend, Indiana 46601 (the “Grantor”), and the South Bend Redevelopment
Commission, governing body of the City of South Bend Department of Redevelopment, 1400 S. County-
City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (the “Grantee”).
WITNESSETH:
For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which
Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary, non-
exclusive easement (the “Easement”) on, in, over, under and across the real property described in attached
Exhibit 1 (the “Property”) for the construction, equipping, and delivery of certain improvements on the
Property (the “Local Public Improvements”), together with the right of ingress to and egress from the
Easement for said purposes, all pursuant to a certain Development Agreement by and between Grantor and
Grantee, dated August 12, 2021 (the “Development Agreement”). Capitalized terms not otherwise defined
herein shall have the meanings set forth in the Development Agreement.
The Easement granted herein shall pertain to the air, surface, and subsurface rights and interests of
Grantor, for the use and benefit of Grantee, and its successors and assigns, to the extent necessary to
accomplish and carry out the construction, equipping, and delivery of the Local Improvements on the
Property. The Easement hereby granted includes the right and privilege for Grantee at reasonable times to
clean and remove from said Easement any debris or obstructions interfering with said Easement.
The Easement granted herein, and its associated benefits and obligations, shall inure to the benefit
of Grantee and Grantee’s contractors acting on Grantee’s behalf in connection with the Local Public
Improvements.
Notwithstanding anything contained herein to the contrary, unless extended in writing by Grantor,
the Easement shall terminate and be of no further force and effect on the date (hereinafter, the “Construction
Termination Date”) of the earliest of the following: (a) completion of the Local Public Improvements; (b)
expiration or earlier termination of the Development Agreement; or (c) such earlier date as Grantor and
Grantee may agree to in writing.
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on the date shown in
the acknowledgment set forth below to be effective as of the Effective Date.
GRANTOR:
CULTIVATING LIFE, INC.
Printed:
Its:
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally appeared
_______________________, to me known to be the _____________ of the Grantor in the above Grant of
Temporary Easement, and acknowledged the execution of the same as the Grantor’s free and voluntary act
and deed.
WITNESS my hand and Notarial Seal this day of _______________, 202__.
_______________________________________
____________________, Notary Public
Residing in County, IN
My Commission Expires: _______________________
This instrument was prepared by Sandra L. Kennedy, Corporation Counsel, City of South Bend, Indiana, 227 W. Jefferson Blvd., Ste. 1200S, South
Bend, IN 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. ______________________.
EXHIBIT 1
Description of Property
Real property in St. Joseph County, Indiana, commonly known as 3607 S. Main Street, South
Bend, Indiana, and more particularly described as Lots 1 through 5 of the Ida M. Walz
Subdivision and Lots D & E of the J E Walz Revised and the vacated Street and vacated alley,
along with Tr 28'N Side of Tr 200' East and West East of Jains Addition, also vacated alley N
and Adjacent sec. 24-37-2e.
Parcel Nos. 018-8019-079701 and 018-8019-079804
EXHIBIT E
Minimum Insurance Amounts
A. Worker’s Compensation
1. State Statutory
2. Applicable Federal Statutory
3. Employer’s Liability $100,000.00
B. Comprehensive General Liability
1. Bodily Injury
a. $5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate Products
and Completed Operation
2. Property Damage
a. $5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate
C. Comprehensive Automobile Liability
1. Bodily Injury
a. $500,000.00 Each Person
b. $500,000.00 Each Accident
2. Property Damage
a. $500,000.00 Each Occurrence
Redevelopment Commission Agenda Item
DATE: August 12, 2021
FROM: Brian Donoghue
SUBJECT: Funding Request: United Way Programs
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request: Disbursement of funds for programmatic collaboration between City of
South Bend and United Way of St Joseph County
Specifics: Requesting $150K from Redevelopment Commission-controlled Pokagon fund
Request for funding is related to the continued strategic partnership between the City of South
Bend and the United Way of St. Joseph County that aspires to making affordable and safe
childcare available community-wide. Support for pathways of credentialling entry-level support
professionals, additional grant-writing capacity, and continued support for the United Way’s
Quality Improvement Grants program will help us move toward those unified goals.
The UW Quality Improvement Grants program was designed to increase the number of
designated "high-quality" early childhood education providers within the City of South Bend, and
by so doing also increase the number of State-funded early childhood education scholarships
available to children in the City of South Bend. Program goals are to:
(a) provide financial and technical support for eligible providers to implement service
improvements that will positively impact quality ratings on the Indiana "Paths to Quality" rating
system. Service improvements can include physical space improvements, tuition funding for
teachers, materials, and other expenditures deemed appropriate by the Organization in
coordination with the City.
(b) prioritize providers in areas of South Bend with limited access to high-quality early childhood
education.
(c) monitor Program impact on providers and South Bend early childhood landscape.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM: 5D1
Page | 2
INTERNAL USE ONLY: Project ID: ;
Total Amount – New Project Budget Appropriation $150,000____;
Total Amount – Existing Project Budget Change (increase or decrease) $_______________;
Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________;
Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________;
Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________