HomeMy WebLinkAbout1 RDC Packet 1.27.22
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, January 27, 2022 – 9:30 a.m.
http://tiny.cc/RDC12722
1. Roll Call
2. Approval of Minutes
A. Minutes of the Regular Meeting of Thursday, January 13, 2022
3. Approval of Claims
A. Claims Allowance Request 1.18.22
B. Claims Allowance Request 1.25.22
4. Old Business
5. New Business
A. River West Development Area
1. Community Tree Nursery Collaboration Amended and Restated Agreement
2. Resolution No. 3544 (Regarding Special Tax – Potawatomi Zoo0
3. Resolution No. 3545 (Regarding Special Tax – South Bend Morris)
6. Progress Reports
A. Tax Abatement
B. Common Council
C. Other
7. Next Commission Meeting:
Thursday, February 10, 2022, 9:30 a
South Be n d
Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, IN
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
January 13, 2022 – 9:30 am
https://tinyurl.com/RDC11322
Presiding: Marcia Jones, President
The meeting was called to order at 9:31 a.m.
1. ROLL CALL
Members Present: Marcia Jones, President
Don Inks, Vice-President
Troy Warner, Secretary
Eli Wax, Commissioner
Vivian Sallie, Commissioner
Leslie Wesley, Commissioner
Members Absent:
Legal Counsel: Sandra Kennedy, Esq.
Danielle Campbell-Weiss, Esq.
Redevelopment Staff: Mary Brazinsky, Board Secretary
Others Present:
Tim Corcoran
Amanda Pietsch
Angelina Billo
Zach Hurst
Kyle Silveus
Brian Donoghue
Laura Althoff
Mark Petersen
Ed Semmler
DCI
DCI
DCI
Engineering
Engineering
IT
Building
WNDU
South Bend Tribune
South Bend Redevelopment Commission Regular Meeting – January 13, 2022
2. Approval of Minutes
• Approval of Minutes of the Regular Meeting of Thursday, December 9, 2021
Upon a motion by Commissioner Sallie, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved the minutes of the
regular meeting of Thursday, December 9, 2021.
3. Approval of Claims
• Claims Submitted for December 9th, December 16th, December 22nd, and December
30th, 2021
Upon a motion by Vice-President Inks, seconded by Secretary Warner, the
motion carried unanimously, the Commission approved the claims for
December 9th, December 16th, December 22nd, and December 30th, 2021,
submitted on Thursday, January 13, 2022.
4. Old Business
5. New Business
A. Administrative
1. Resolution No. 3542 (2022 Meeting Schedule RDC)
Ms. Brazinsky presented Resolution No. 3542 which sets the Redevelopment
Commission dates and times for 2022. Commission approval is requested.
Upon a motion by Secretary Warner, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved Resolution No. 3542
(2022 Meeting Schedule RDC) submitted on Thursday, January 13, 2022.
B. River West Development Area
1. Resolution No. 3543 (Conveying Palais Morris PAC to RDA)
Ms. Kennedy Presented Resolution No. 3543 (Conveying Palais Morris PAC to
RDA). This is a resolution that is ancillary to the bond resolution you have seen
the last few months regarding the Morris Performing Arts Center. The
Redevelopment Commission will need to transfer the property to the
Redevelopment Authority. The Redevelopment Authority will be leasing the
property back to the Redevelopment Commission and paying on the bond. The
property needed to be transferred prior to the bond execution that is expected in
March 2022. Commission approval is requested.
Upon a motion by Commissioner Sallie, seconded by Vice-President Inks, the
motion carried unanimously, the Commission Resolution No. 3543 (Conveying
Palais Morris PAC to RDA) submitted on Thursday, January 13, 2022.
South Bend Redevelopment Commission Regular Meeting – January 13, 2022
C. Douglas Road Development Area.
1. Douglas Road Request
Ms. Pietsch Presented a Douglas Road Request. This is a budget request
regarding Resolution No. 3530 that was passed last year reimbursing the sewer
rehab capital fund for the Douglas Road lift station replacing or moving it. We
received in December property tax collection. We are requesting budget of
$178,553 to re-pay a portion of that obligation. That will leave $30,594.13 of the
obligation. If collections stay consistent, we assume we can fulfill the obligation
with the June collection of property tax and we will report back at that time.
Commission approval is requested.
Upon a motion by Vice-President Inks, seconded by Secretary Warner, the
motion carried unanimously, the Commission approved Douglas Road Request
submitted on Thursday, January 13, 2022.
D. Pokagon Fund
1. Pokagon Fund Report
Mr. Donoghue Presented a Pokagon Fund Report. At the end of 2021, the city
received payment In Lieu of Taxes to the City and to the South Bend
Redevelopment Commission by bank wire transfer. This is part of the interlocal
agreement put in place prior to the casino being built. Due to accommodations
made for the health and economic crises, the 2020 payment was $949,511. For
the 2021 fiscal period, the Payment in Lieu of Taxes is $1,411,877.32, in
accordance with the calculations specified in the Local Agreement.
Early 2022 programming planned for this funding includes initiatives to support
workforce/job-training transportation, affordable-quality childcare, and immigration
support. Additional initiatives aimed at contributing to the improvement of
educational opportunities or addressing poverty and unemployment in the city will
be brought for consideration by RDC throughout 2022.
Secretary Warner asked what 2019 number was as he wants to know if 2020 was
far off the 2019 numbers.
Mr. Donoghue states he will get the number and send it to the commissioners, but
he believes it was $1M.
6. Progress Reports
A. Tax Abatement
B. Common Council
C. Other
7. Next Commission Meeting:
Thursday, January 27, 2022, 9:30 a.m.
8. Adjournment
Thursday, January 13, 2021, 9:46 a.m.
South Bend Redevelopment Commission Regular Meeting – January 13, 2022
Troy Warner, 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, January 18, 2022
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-0029981 $324,251.94
GBLN-0030023 $2,323,820.86
Total:$2,648,072.80
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:2,648,072.80$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
______________________________________________________________
Name:Name:
_______________________________
Name:_______________________________
Name:
_______________________________
Name:
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Daniel Parker, City Controller
Date:Tuesday, January 25, 2022
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-0030570 $4,000.00
GBLN-0000000 $0.00
Total:$4,000.00
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:4,000.00$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
______________________________________________________________
Name:Name:
_______________________________
Name:_______________________________
Name:
_______________________________
Name:
Redevelopment Commission Agenda Item
DATE: January 27, 2022
FROM: Andrew Netter, Senior Planner
SUBJECT: Temporary Use of Redevelopment Commission for Native Urban Tree
Nurseries
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
Attached is the temporary use agreement for Redevelopment Commission property for
the installation of native tree urban nurseries. 610 and 622 Euclid Ave. will be used in
conjunction with Civil City property for establishment of a nursery.
The temporary use agreement outlines the terms of use of the property. The first term is
five years with options for renewal up to three times (each for five-year increments).
Staff requests approval of the temporary use agreement for the Redevelopment
Commission property.
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget: ____-0-___________; Breakdown:
Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________;
Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________;
Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________
___________________________________________. Going to BPW for Contracting? Y/N
Is this item ready to encumber now? __N/A__ Existing PO#__________ Inc/Dec $_____________
COMMUNITY TREE NURSERY COLLABORATION
AMENDED AND RESTATED AGREEMENT
THIS COMMUNITY TREE NURSERY COLLABORATION
AMENDED AND RESTATED AGREEMENT ("Agreement") is made effective this
day of 2021 (the “Effective Date”) by and between the City of South Bend,
Indiana Venues, Parks, and Arts Department (“VPA”), acting through its Board of Park
Commissioners (“Parks Board”); the Center for Civic Innovation, associated with the University
of Notre Dame du Lac (“CCI”); South Bend Redevelopment Commission (“Redevelopment
Commission”); and the City of South Bend, Indiana, acting by and through its Board of Public
Works ("Public Works").
RECITALS
WHEREAS, The parties originally established a dispersed urban native tree nursery
program in April of 2017 as positive repurposing of specifically listed vacant lots owned by the
City. The parties now desire to amend and restate the Agreement to the add additional lots to the
program, incorporate additional City partners, and affirm ownership of the trees. For ease of
administration, a schedule of the program properties (the “Properties”) is hereby incorporated by
reference and attachment to the Agreement (Exhibit A); and
WHEREAS, Public Works and Redevelopment Commission, on behalf of the City of
South Bend ("City"), each own some of the Properties; and
WHEREAS, Public Works and Redevelopment Commission each desire to let VPA utilize
their respective Properties as prototypes of positive adaptive repurposing of vacant lots as urban
neighborhood innovation as distributed urban native tree nurseries; and
WHEREAS, CCI desires to provide ongoing volunteer services to the Properties to help
create and maintain the planned pilot distributed urban native tree nurseries on the Properties; and
WHEREAS, the parties desire to memorialize the terms of their agreement herein.
NOW THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, the parties hereby agree as follows:
Section 1. Public Works Duties. Public Works agree to grant VPA and CCI access to its
Properties for the planting of distributed urban native tree nurseries.
Section 2. Redevelopment Commission Duties. Redevelopment Commission agrees to
grant VPA and CCI access to its Properties for the planting of distributed urban native tree
nurseries.
Section 3. VPA Duties. VPA agrees to plant and provide ongoing maintenance and care to
the distributed urban native tree nurseries described herein. VPA shall assume all expenses related
to such ongoing maintenance, including any fees as set forth in the Municipal Code of the City of
South Bend, Indiana Section 17-79 et al. related to water fees. VPA owns all the trees planted in
the native tree nurseries and has the right to transplant any mature trees to other City locations, in
its sole discretion.
Section 4. CCI Duties. CCI shall provide ongoing volunteer services to VPA to assist with
the establishment of the distributed urban native tree nurseries on the Properties.
Section 5. Term. The Properties shall be subject to the terms of this Agreement until the
expiry dates set forth in their respective schedules as set forth on Exhibit A. The parties may agree
to extend the applicability of this Agreement to the Properties contained in any schedule by a signed
written amendment to this Agreement for up to three (3) additional five (5)-year periods from the
date of termination for that schedule. This Agreement shall terminate on a date that is five (5) years
from the Effective Date or upon the expiration date of the last renewal, whichever is later.
a. Access to Properties listed under Schedule I of Exhibit A will terminate on April
11, 2027.
b. Access to Properties listed under Schedule II of Exhibit A will terminate on July
24, 2023.
c. Access to Properties listed under Schedule III of Exhibit A will terminate on
August 19, 2024.
d. Access to Properties listed under Schedule IV of Exhibit A will terminate on
December 14, 2026.
Section 6. Assignment; Subcontractors. The parties shall not assign or subcontract the
whole or any part of this Agreement without the prior written consent of the other parties.
Section 7. Changes in Scope of Services. The parties understand and agree that the scope
of services delineated in this Agreement are limited to the Properties and the establishment of a tree
nursery. Any changes thereto must be authorized in writing by all parties hereto.
Section 8. Governing Law; Compliance with Laws. This Agreement shall be construed
and interpreted according to the laws of the State of Indiana. The parties hereto agree to comply
with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions
required thereby are hereby incorporated herein by reference.
Section 9. Relationship/Independent Contractor. All parties, in the performance of this
Agreement, shall act in an individual capacity and not as agents, employees, partners, joint
venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed
or construed to be the employee(s) or agent(s) of any other party for any purpose whatsoever.
Section 10. Indemnification. CCI agrees to defend, indemnify and hold the City, including
VPA, Public Works, and Redevelopment Commission, and their respective officers, agents,
directors, and employees harmless from any and all claims arising from or related to the volunteer
work performed or managed by CCI and performed on the Properties. In addition, CCI will
maintain commercial general liability insurance coverage in the minimum amount of at least
$1,000,000 per occurrence and will designate the City, including VPA, Public Works, and
Redevelopment Commission, as additional insureds under any such policy of insurance. This
provision shall survive the termination of this Agreement.
Section 11. Waiver. One or more waivers of any condition herein shall not be construed
as a waiver of a subsequent breach of the same condition.
Section 12. Authority. Each undersigned person signing on behalf of his/her respective
party certifies that he/she is duly authorized to bind his/her respective party to the terms of this
Agreement.
Section 13. Entire Agreement. This Agreement sets forth the entire agreement and
understanding between the parties as to the subject matter hereof, and merges and supersedes all
prior discussions, agreements, and understanding of any and every nature between them.
****SIGNATURE PAGE FOLLOWS****
IN WITNESS WHEREOF, the parties hereto, through their duly authorized
representatives, have caused this Community Tree Nursery Collaboration Amended and
Restated Agreement to be executed as of the day and year first written above. The parties
have read and understand the foregoing terms of this Agreement and do, by their respective
signatures hereby agree to its terms.
CENTER FOR CIVIC
INNOVATION:
Signature
Name Printed
Title
Date
BOARD OF PARK
COMMISIONERS:
Mark Neal, President
Consuela Hopkins, Vice
President
Aimee Bucellato, Member
Dan Farrell, Member
ATTEST:
Amy Roush, Clerk
Date Approved
BOARD OF PUBLIC WORKS:
Elizabeth Maradik, President
Jordan Gathers, Member
Gary Gilot, Member
Murray Miller, Member
Joseph Molnar, Member
ATTEST:
Laura Hensley, Clerk
Date Approved
REDEVELOPMENT COMMISSION OF
SOUTH BEND:
Marcia Jones, President
Troy Warner, Secretary
Date Approved
EXHIBIT A.
SCHEDULE OF PARCELS
Schedule I
(Coverage under this Agreement Terminates on April 11, 2027)
Address Parcel No. Legal Desc.
625 East Dayton St. 018-7029-1141 LOT 93 HENRY STUDEBAKERS 2ND
1414 High St. 018-7010-0415 LOT 101 WENGER & KRIEGHBAUM 2ND ADD
Vacant lot east of
1414 High St.
018-7012-0473 LOT 100 WENGER & KRIEGHBAUM 2ND ADD
Schedule II
(Coverage under this Agreement Terminates on July 24, 2023)
Address Parcel No. Legal Desc.
529 N. Allen St. 018-1035-1524 LOT 25 J N LEDERERS ADD
525 N. Allen St. 018-1035-1523 LOT 24 J N LEDERERS ADD
521 N. Allen St. 018-1035-1522 LOT 23 LEDERERS SUB OF OUTLOT A
Schedule III
(Coverage under this Agreement Terminates on August 19, 2024)
Address Parcel No. Legal Desc.
435 N. Allen St. 018-1032-1400 LOTS 29 & 30 34.8 FT N END BIRNER PLACE
ADD
431 N. Allen St. 018-1032-1401 LOTS 29 & 30 34.8 FT MID PT BIRNER PLACE
ADD
429 N. Allen St. 018-1032-1402 LOTS 29 & 30 34.8 FT SLY END BIRNER PLACE
ADD
442 S. Brookfield St. 018-4013-0449 LOT 123 SUMMIT PL 2ND ADD
516 N. Allen St. 018-1035-1534 LOT 16 J N LEDERERS ADD
520 N. Allen St. 018-1035-1533 LOT 15 J N LEDERERS ADD
606 N. Blaine Ave. 018-1035-1513 LOT 29 W 1/2 J N LEDERERS ADDITION
608 N. Blaine Ave. 018-1035-1514 LOT 29 E 1/2 J N LEDERER
1110 W. Harvey St. 018-1032-1399 LOT 28 BIRNER PL ADD
1117 W. Harvey St. 018-1032-1387 LOT 15 BIRNER PLACE
1121 W. Harvey St. 018-1032-1386 LOT 16 BIRNER PL ADD
Schedule III
(Coverage under this Agreement Terminates on December 14, 2026)
Address Parcel No. Legal Desc.
401 Allen St. 018-1033-1441 Lot 51 Birner Place Add
610 Euclid Ave. 018-1037-1621 Lot 12 Orchard Hts 1st
614 Euclid Ave. 018-1037-1620 Lot 11 Orchard Heights 1st
618 Euclid Ave. 018-1037-1619 Lot 10 Orchard Hts 1st Add
622 Euclid Ave. 018-1037-1618 Lot 9 Orchard Hts 1st
1102 Birner St. 018-1033-1440 Lot 50 Birner Place Add.
1231 W. Colfax Ave. 018-1044-1882 Lot 82 Comm Sub Of Bol 79
1235 W. Colfax Ave. 018-1044-1881 Lot 83 Commissioner's Sub Of Bol 79
1237 W. Colfax Ave. 018-1044-1880 Lot 84 Comm Sub Of Bol 79
RESOLUTION NO. 3544
A RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT COMMISSION DETERMINING TO PROVIDE FOR A
SPECIAL TAX IF NECESSARY TO PAY LEASE RENTALS IN CONNECTION
WITH THE LEASE DATED AS OF DECEMBER 1, 2021, BETWEEN THE
SOUTH BEND REDEVELOPMENT COMMISSION AND
THE CITY OF SOUTH BEND BUILDING CORPORATION
RELATING TO THE POTAWATOMI ZOO PROJECT
AND OTHER RELATED MATTERS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the
governing body of the South Bend Department of Redevelopment and the Redevelopment District
of the City of South Bend, Indiana (the “District”), exists and operates under the provisions of
Indiana Code 36-7-14, as amended from time to time (the “Act”); and
WHEREAS, the City of South Bend Building Corporation (the “Building Corporation”)
has been incorporated as an Indiana nonprofit corporation operating pursuant to Indiana Code 23-
17 in order to finance buildings and other capital improvements in the City; and
WHEREAS, the City of South Bend, Indiana (the “City”), has previously entered into a
Lease and Management Agreement, dated as of January 1, 2019 with the Potawatomi Zoological
Society, Inc. (the “PZS”), an Indiana nonprofit corporation, to provide for the PZS to operate the
Potawatomi Zoo located in the City (the “Zoo”); and
WHEREAS, the PZS desires to undertake certain capital improvements at the Zoo (the
“Project”); and
WHEREAS, the Common Council of the City has adopted Ordinance No. 10835-21 (the
“Ordinance”) at a meeting held on December 13, 2021, authorizing the issuance of economic
development lease rental revenue bonds in an aggregate principal amount not to exceed Six Million
Five Hundred Thousand Dollars ($6,500,000) (the “Bonds”) pursuant to the terms of the Ordinance
and a trust agreement (the “Trust Agreement”) between the City and U.S. Bank National
Association, as trustee (the “Trustee”), to be known as the “City of South Bend, Indiana, Economic
Development Lease Rental Revenue Bonds, Series 2022 (Potawatomi Zoo Project)” for the
purpose of (i) financing the cost of funding a portion of the cost of the Project by providing a
portion of the proceeds of the Bonds to the PZS to pay for the Project pursuant to a Financing
Agreement by and among the City, the PZS and the Building Corporation; (ii) funding a debt
service reserve fund, if necessary, in connection with the issuance of the Bonds; and (iii) paying
costs incurred in connection with the issuance of the Bonds; and
WHEREAS, in order to provide a source of funding to pay the principal of and interest on
the Bonds when due, the Building Corporation and the Commission have entered into a Lease
dated as of December 1, 2021 (the “Lease”) providing for the lease of certain property in the City
as more fully described in the Lease (the “Leased Premises”); and
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WHEREAS, the Commission intends to pay rent to the Building Corporation pursuant to
the terms of the Lease, at a rate not to exceed Four Hundred Twenty Thousand Dollars ($420,000)
per year, in semiannual installments, with a term no longer than twenty-two (22) years beginning
on the date the Building Corporation acquires an interest in the Leased Premises, and ending on
the day prior to a date not later than twenty-two (22) years after such date of acquisition by the
Building Corporation (the “Lease Rental Payments”); and
WHEREAS, the Commission anticipates that sufficient funds will be available to the
Commission to make the required Lease Rental Payments with such funds being derived from the
St. Joseph County hotel-motel tax revenues (the “Zoo Hotel-Motel Tax Revenues”) deposited into
the Potawatomi Zoo Fund (the “Zoo Hotel-Motel Tax Fund”) established pursuant to Indiana Code
6-9-1-6.3 and pledged for such purpose pursuant to a resolution adopted on November 4, 2021 (the
“Pledge Resolution”) by the St. Joseph County Hotel-Motel Tax Board of Managers (the “Board
of Managers”); and
WHEREAS, pursuant to the Pledge Resolution, the Board of Managers will pay sufficient
Zoo Hotel-Motel Tax Revenues to the Trustee as payment of the Lease Rental Payments when due
under the Lease; and
WHEREAS, because the Commission anticipates that sufficient Zoo Hotel-Motel Tax
Revenues will be available to make the Lease Rental Payments, the Project does not constitute a
“controlled project” as such term is defined by Indiana Code 6-1.1-20-1.1; and
WHEREAS, the Commission desires to provide for the levy of a special tax pursuant to
Section 27 of the Act (the “Special Tax”) in the event it becomes necessary to levy the Special Tax
for the payment of the Lease Rental Payments owed by the Commission pursuant to the Lease and
to authorize the establishment of certain funds and accounts in connection thereto;
NOW, THEREFORE, BE IT RESOLVED, BY THIS SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
SECTION 1. The Commission hereby determines that, because the Zoo Hotel-Motel
Tax Revenues are expected to be sufficient to pay the Lease Rental Payments, the Project does not
constitute a “controlled project” as such term is defined by Indiana Code 6-1.1-20-1.1.
SECTION 2. The Commission agrees that it shall levy in each calendar year pursuant
to Section 27 of the Act during the term of the Lease the Special Tax upon all of the taxable
property in the District in a total amount necessary, together with all other funds (other than special
taxes), including, without limitation, the Zoo Hotel-Motel Tax Revenues then on deposit in the
Zoo Hotel-Motel Tax Fund as of August 1 of such calendar year, to pay all Lease Rental Payments
payable in the 12-month period beginning on July 1 of the year following such calendar year
pursuant to Section 4 of the Lease. The Controller of the City (the “Controller”) is hereby
authorized to create a fund (the “Lease Fund”) for the purpose of depositing such taxes into and
such taxes and any other funds deposited in the Lease Fund shall be irrevocably pledged for the
purposes set forth in this Resolution, such pledge being effective as set forth in IC 5-1-14-4 without
the necessity of filing or recording this resolution or any instrument except in the records of the
Commission. In addition to any amounts then on deposit in the Lease Fund, if any, and in the Zoo
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Hotel-Motel Tax Fund, the Commission may also take into account when determining whether it
is necessary to levy the Special Tax as described herein, the amount available in the debt service
reserve fund which may be established under the Trust Agreement to provide additional security
for the Bonds, all based upon the advice and recommendation of the Controller. Notwithstanding
the foregoing, the Commission expects that the Zoo Hotel-Motel Tax Revenues will be sufficient
to pay the Lease Rental Payments when due without the need for the Special Tax.
SECTION 3. The Commission hereby authorizes and directs the President and the
Secretary of the Commission to take any and all necessary actions and execute any and all
necessary documents to carry out the purpose of this Resolution. This Resolution shall be in full
force and effect after its adoption by the Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on January
27, 2022, as authorized by Executive Order 20-09 issued by the Governor of the State of Indiana,
as subsequently renewed.
SOUTH BEND REDEVELOPMENT
COMMISSION
By:
Marcia I. Jones, President
ATTEST:
Troy Warner, Secretary
DMS 21788582v2
RESOLUTION NO. 3545
A RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT COMMISSION DETERMINING TO PROVIDE FOR A
SPECIAL TAX IF NECESSARY TO PAY LEASE RENTALS IN CONNECTION
WITH THE LEASE DATED AS OF DECEMBER 1, 2021, BETWEEN THE
SOUTH BEND REDEVELOPMENT COMMISSION AND
THE SOUTH BEND REDEVELOPMENT AUTHORITY
RELATING TO THE MORRIS PERFORMING ARTS CENTER PROJECT
AND OTHER RELATED MATTERS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the
governing body of the South Bend Department of Redevelopment and the Redevelopment District
of the City of South Bend, Indiana (the “District”), exists and operates under the provisions of
Indiana Code 36-7-14, as amended from time to time (the “Act”); and
WHEREAS, the City of South Bend, Indiana (the “City”) has determined to undertake
certain improvements to the Morris Performing Arts Center (the “Performing Arts Center”)
consisting of certain energy savings improvements, renovations of the floor and seating, and
certain other improvements at the Performing Arts Center (collectively, the “Project”); and
WHEREAS, the Commission has given consideration to (i) financing the cost of all or a
portion of the Project; (ii) funding a debt service reserve fund, if necessary in connection with the
issuance of the Bonds (defined herein); and (iii) paying costs incurred in connection with the
issuance of the Bonds; and
WHEREAS, the South Bend Redevelopment Authority (the “Authority”) has been created
pursuant to IC 36-7-14.5 as a separate body, corporate and politic, and as an instrumentality of the
City, to finance local public improvements for lease to the Commission; and
WHEREAS, the Authority intends to lease the Performing Arts Center (the “Leased
Premises”) to the Commission pursuant to a lease dated as of December 1, 2021 (the “Lease”),
which form of Lease was heretofore approved by this Commission, the Authority and the Common
Council of the City in order to provide for the financing of the Project; and
WHEREAS, the Authority and the Commission have given consideration to (i) financing
the cost of funding a portion of the cost of the Project; (ii) funding a debt service reserve fund, if
necessary in connection with the issuance of the Bonds (defined herein); and (iii) paying costs
incurred in connection with the issuance of the Bonds; and
WHEREAS, the Authority intends to issue bonds pursuant to 1C 36-7-14.5-19 and a trust
agreement (the “Trust Agreement”) between the Authority and U.S. Bank National Association,
as trustee (the “Trustee”), to be known as the “South Bend Redevelopment Authority Lease Rental
Revenue Bonds of 2022 (Morris Performing Arts Center Project)” in an aggregate principal
amount not to exceed Seven Million Two Hundred Fifty Thousand Dollars ($7,250,000) (the
“Bonds”), the proceeds of which are to be used to finance all or any portion of the costs of (i) a
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portion of the Project; (ii) funding a debt service reserve fund, if necessary, in connection with the
issuance of the Bonds; and (iii) issuing the Bonds; and
WHEREAS, the Commission intends to pay rent to the Authority pursuant to the terms of
the Lease, at a rate not to exceed Four Hundred Twenty Thousand Dollars ($420,000) per year, in
semiannual installments, with a term no longer than twenty-five (25) years beginning on the date
the Authority acquires an interest in the Leased Premises, and ending on the day prior to a date not
later than twenty-five (25) years after such date of acquisition by the Authority (the “Lease Rental
Payments”); and
WHEREAS, the Commission anticipates that sufficient funds will be available to the
Commission to make the required Lease Rental Payments with such funds being derived from the
St. Joseph County hotel-motel tax revenues (the “Morris Hotel-Motel Tax Revenues”) deposited
into the Morris Performing Arts Center Fund (the “Morris Hotel-Motel Tax Fund”) established
pursuant to Indiana Code 6-9-1-6.4 and pledged for such purpose pursuant to a resolution adopted
on November 4, 2021 (the “Pledge Resolution”) by the St. Joseph County Hotel-Motel Tax Board
of Managers (the “Board of Managers”); and
WHEREAS, pursuant to the Pledge Resolution, the Board of Managers will pay sufficient
Morris Hotel-Motel Tax Revenues to the Trustee as payment of the Lease Rental Payments when
due under the Lease; and
WHEREAS, because the Commission anticipates that sufficient Morris Hotel-Motel Tax
Revenues will be available to make the Lease Rental Payments, the Project does not constitute a
“controlled project” as such term is defined by Indiana Code 6-1.1-20-1.1; and
WHEREAS, the Commission desires to provide for the levy of a special tax pursuant to
Section 27 of the Act (the “Special Tax”) in the event it becomes necessary to levy the Special Tax
for the payment of the Lease Rental Payments owed by the Commission pursuant to the Lease and
to authorize the establishment of certain funds and accounts in connection thereto;
NOW, THEREFORE, BE IT RESOLVED, BY THIS SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
SECTION 1. The Commission hereby determines that, because the Morris Hotel-
Motel Tax Revenues are expected to be sufficient to pay the Lease Rental Payments, the Project
does not constitute a “controlled project” as such term is defined by Indiana Code 6-1.1-20-1.1.
SECTION 2. The Commission agrees that it shall levy in each calendar year pursuant
to Section 27 of the Act during the term of the Lease the Special Tax upon all of the taxable
property in the District in a total amount necessary, together with all other funds (other than special
taxes), including, without limitation, the Morris Hotel-Motel Tax Revenues then on deposit in the
Morris Hotel-Motel Tax Fund as of August 1 of such calendar year, to pay all Lease Rental
Payments payable in the 12-month period beginning on July 1 of the year following such calendar
year pursuant to Section 4 of the Lease. The Controller of the City (the “Controller”) is hereby
authorized to create a fund (the “Lease Fund”) for the purpose of depositing such taxes into and
such taxes and any other funds deposited in the Lease Fund shall be irrevocably pledged for the
purposes set forth in this Resolution, such pledge being effective as set forth in IC 5-1-14-4 without
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the necessity of filing or recording this resolution or any instrument except in the records of the
Commission. In addition to any amounts then on deposit in the Lease Fund, if any, and in the
Morris Hotel-Motel Tax Fund, the Commission may also take into account when determining
whether it is necessary to levy the Special Tax as described herein, the amount available in the
debt service reserve fund which may be established under the Trust Agreement to provide
additional security for the Bonds, all based upon the advice and recommendation of the Controller.
Notwithstanding the foregoing, the Commission expects that the Morris Hotel-Motel Tax
Revenues will be sufficient to pay the Lease Rental Payments when due without the need for the
Special Tax.
SECTION 3. The Commission hereby authorizes and directs the President and the
Secretary of the Commission to take any and all necessary actions and execute any and all
necessary documents to carry out the purpose of this Resolution. This Resolution shall be in full
force and effect after its adoption by the Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on January
27, 2022, as authorized by Executive Order 20-09 issued by the Governor of the State of Indiana,
as subsequently renewed.
SOUTH BEND REDEVELOPMENT
COMMISSION
By:
Marcia I. Jones, President
ATTEST:
Troy Warner, Secretary
DMS 21781766v2