HomeMy WebLinkAboutOther (Letter to River Race Townhomes)
JENNA THROW THOMAS E. PANOWICZ CHRISTINA SHAKOUR
CLARA MCDANIELS KYLIE CONNELL DANIELLE CAMPBELL WEISS
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
DEPARTMENT OF LAW
SANDRA KENNEDY ALADEAN M. DEROSE
CORPORATION COUNSEL CITY ATTORNEY
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/235-9241
FAX 574/235-7670
TTY 574/235-5567
September 22, 2021
River Race Townhomes, LLC
Attn. David Matthews Certified Mail, Return Receipt Requested
401 E. Colfax, Ste. 277
South Bend, IN 46617
Re: Notice of Default
Dear Mr. Matthews:
I am writing to you on behalf of the South Bend Redevelopment Commission (the “Commission”),
as well as the City of South Bend (the “City”), to provide you with this notice of default as required
by Section IX of that certain Agreement for Sale of Land for Private Development entered into on
June 28, 2011, as recorded in the St. Joseph County, Indiana Recorder’s Office on July 20, 2011, as
document no. 1118419, as amended by a First Amendment to Agreement for Sale of Land for
Private Development entered into on March 20, 2016, and recorded in the St. Joseph County,
Indiana Recorder’s Office on June 21, 2016 (together, the “Agreement”).
Pursuant to Section VI(A)(1) of the Agreement and Section III of the Warranty Deed, as recorded
in the St. Joseph County, Indiana Recorder’s Office on May 10, 2012 (the “Deed”), the property was
to be devoted “only to the uses under the Final Site Plan and Development Specifications of the
Project as approved by the Commission pursuant to Section IV(A) of this Contract. . . .” The Final
Site Plan was provided to the Commission at its April 10, 2012 meeting and is attached to this letter
as Exhibit A. The Final Site Plan includes language regarding the development of the area to the
south of the townhouses, identified in the plan as the “River Race Plaza,” which would be
developed “after its marketability and highest and best use is determined.” Section VI of the
Agreement states that “The parties further agree that the covenants in Subsection IV(A)(1) shall
remain in effect from the date of the Deed until December 31, 2021.”
The property at issue is the lot located at the corner of Niles Avenue and Jefferson Boulevard. The
lot is currently being used as a gravel parking lot, which is not in compliance with the City’s Zoning
Ordinance. It is the Commission’s and the City’s opinion that this is not the highest and best use of
the property. In Section VII of the Agreement and Section IV of the Deed, River Race
Townhomes, LLC represented and agreed that “its purchase of the Property and its other
undertakings under this Contract are and will be used for the development of the Property and not
for speculation in land holding.”
Notice of Default
September 23, 2021
Page 2
2
The Commission and the City, therefore, are putting River Race Townhomes, LLC on notice
pursuant to Section IX of the Agreement that it must move immediately to cure the default within
thirty (30) days of receiving this notice. If no action is taken by that date, the Commission and the
City shall institute proceedings to enforce its rights under the Agreement and the Deed.
Sincerely,
Sandra Kennedy
Corporation Counsel
Attachment
cc: M. Lebbin, Esq.
6 ( 1)
U
CommunityCommunity & Economic Development
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner
Subject: River Race Townhomes Items Precedent to Closing
Jefferson & Niles ( Troeger site)
Date: April 10, 2012
On June 14, 2011, the Commission was presented with preliminary development plans from
David Matthews for the Troeger site, at the northeast corner of Jefferson and Niles. On
June 28, 2011, the Commission approved an Agreement for Sale of Land with Mr.
Matthews for this property. As part of this Agreement, Mr. Matthews will construct 10
townhomes as seen in the attached plan, and not seek tax abatements on the
development.
Items precedent to closing are:
1. Commission approval of the final site plan and development specifications
2. Proof of financing
3. View rights agreement
4. Favorable environmental conditions
Item 2 is satisfied via this project being self- financed by Mr. Matthews.
Item 3 was completed via a view easement granted by the Redevelopment Authority.
Item 4 was completed via further environmental study.
Today Mr. Matthews presents Item 1, the final site plan and building specifications, for your
approval.
Staff requests Commission approval of the final site plan and building specifications, to
allow the development of this site into 10 single family townhomes.
What We Do Today Makes A Difference!
"
River Race Development, LLC
PO Box 338
Notre Dame, IN 46556
Enclosed within are the final site plan and development specifications for the Rive Race
Development (Niles Ave). The development contract requires the construction of 10
townhouses, which will face Niles Ave and the East Race. The River Race Plaza (south of the
townhouses) is shown as the current expectation of how the site will be built out in the future,
after its marketability and highest and best use is determined.
The site plan consists of 10 townhouses facing Niles Ave., with front yards, rear loaded garages
and parallel parking along both sides of Niles (as part of the City's Niles Ave sewer project).
Materials
All masonry townhomes with exterior brick, stone (or stone equivalent), minor trim in
wood or fiber cement board, and aluminum.
Design (may vary)
Two or three story townhomes with (optional) bay windows and 2nd floor porches
Rooftop decks (optional, similar to the East Bank Townhomes)
Basements
1800 — 3,200 square feet
2 car attached garage
www.RiverRaceSB.com (574) 607 - 4271 info@RiverRaceSB.com
Floor Plans (sample)
www.RiverRaceSB.com (574) 607 - 4271 info @RiverRaceSB.com
Elevations (sample)
Standard 2 story (with small front porch)
Artistic Render 2 stories (Bay window, 2nd floor porch)
www.RiverRaceSB.com (574) 607 - 4271 info@RiverRaceSB.com
Dimensioned Drawings (larger available from the developer)
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