HomeMy WebLinkAbout1 RDC Packet 9.22.22South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, September 22, 2022 – 9:30 a.m.
http://tiny.cc/RDC or BPW Conference Room 13th Floor
1.Roll Call
2.Approval of Minutes
A.Minutes of the Regular Meeting of Thursday, September 8, 2022
3.Approval of Claims
A.Claims Allowance Request 9.6.22
B.Claims Allowance Request 9.13.22
4.Old Business
5.New Business
A.River West Development Area
1.Resolution No.3558 (Disposition Offering Price 117/119 Lafayette)
2.Approval of Bid Specifications (117/119 Lafayette)
3.Request to Advertise (117/119 Lafayette)
4.Temporary Access Agreement (VPA)
5.First Amendment to Development Agreement (Sibley)
6.Budget Request (Coal Line Multiuse Trail)
B.Other
1.TIF Neutralization (2022 Baker Tilly)
6.Progress Reports
A.Tax Abatement
B.Common Council
C.Other
7.Next Commission Meeting:
Thursday, October 13, 2022, 9:30 am
ITEM 1
South Be n d
Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, IN
SOUTH BEND REDEVELOPMENT COMMISSION
RE-SCHEDULED REGULAR MEETING
September 8, 2022 – 9:30 am
https://tinyurl.com/RDC9822 or BPW Conference Room 13th Floor
Presiding: Marcia Jones, President
The meeting was called to order at 9:30 a.m.
1.ROLL CALL
Members Present: Marcia Jones, President – V
Donald Inks, Vice-President - IP
Troy Warner, Secretary – V
Eli Wax, Commissioner - IP
Vivian Sallie, Commissioner – IP
Leslie Wesley, Commissioner - V
IP = In Person V = Virtual
Members Absent:
Legal Counsel: Sandra Kennedy, Esq.
Danielle Campbell-Weiss, Esq.
Redevelopment Staff: Mary Brazinsky, Board Secretary
Joseph Molnar, RDC Staff
Others Present: Caleb Bauer
Laura Althoff
Erik Glavich
Michael Davita
Tim Corcoran
Amy Paul
Rachel Boyles
Leslie Biek
Zach Hurst
Kara Boyles
Charlotte Brach
Aaron Perri
Alyson Herzig
Rachel Tomas Morgan
DCI - IP
DCI – V
DCI – V
DCI – V
DCI – V
DCI – V
DCI - V
Engineering – V
Engineering - IP
Engineering - V
Engineering - V
VPA - V
Resident/Chamber – V
Council/114 Chapin St - IP
ITEM 2A
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Others Present: Erica Futa
Dan Gauthier
Jordan Smith
Rich Harte
David Francisco
Matt Barrett
LaRissa Biggs
Conrad Damian
Thomas O’Grady
Kevin Futa
Resident – V
Resident – V
Resident – V
Resident – V
710 N Hill St - IP
110 S Niles - IP
Nexus Center - V
718 E Broadway - IP
320 E Colfax #602 – IP
545 Crescent Ave - IP
2.Approval of Minutes
•Approval of Minutes of the Regular Meeting of Thursday, August 25, 2022
Upon a motion by Commissioner Sallie, seconded by Vice-President Inks, the
motion carried unanimously, the Commission approved the minutes of the
regular meeting of Thursday, August 25, 2022.
3.Approval of Claims
•Claims Submitted for August 23, and August 31, 2022.
Secretary Warner asked about the August 31, 2022, claim; there’s a payment
for Reith Riley pavement is that payment for the zoo?
Ms. Althoff responded that the zoo parking expansion includes stormwater,
sewer, sidewalk, and seal coating. This was round one of the contractor
pavement and was contracted to Millstone Contractors.
Secretary Warner asked if the Reith Riley payment was part of the rebuilding
our streets that was funded approximately six weeks ago.
Ms. Althoff replied yes.
Upon a motion by Secretary Warner, seconded by President Jones, the motion
carried unanimously, the Commission approved the claims for August 23 and
August 31, 2022, submitted on Thursday, September 8, 2022.
4.Old Business
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
5.New Business
A.River West Development Area
1.Budget Request (Muessel Grove Restroom)
Mr. Hurst, Engineering presented a Budget Request (Muessel Grove Restroom).
This budget request for $240,500 is to contribute towards the construction of a
new restroom facility at Muessel Grove Park. A bid from Gibson Lewis, a local
contractor came in a little under $400k. This budget request would augment
existing funding from VPA and would give a small construction contingency to be
able to move forward with the project. Commission approval is requested.
Commissioner Wax asked what the timeline would be.
Mr. Hurst responded due to the market being tight, the city gave the contractor
next calendar year to solicit enough interest to complete the project.
Upon a motion by Commissioner Sallie, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved Budget Request
(Muessel Grove Restroom) submitted on Thursday, September 8, 2022.
2.Budget Request (Linden Avenue Streetscape & Design)
Ms. Biek, Engineering presented a Budget Request (Linden Avenue Streetscape
& Design). This budget request is for the design and inspection of the Linden
streetscape project from College to Birdsell. The project is in coordination with the
Dream Center. The schedule is to have engineering design the project; this would
be ready to bid and start construction next fall and be completed with the Dream
Center Spring 2024. Commission approval is requested.
Secretary Warner asked if there is a total cost or is this the design cost; if so
where will the remainder be funded from?
Ms. Biek answered once BS Engineering is onboard, we will have a more detailed
estimate. The project would be funded through TIF.
Mr. Corcoran, Department of Community Investment noted that through design,
the city plans to test a couple different ideas. Each one will have a potential cost
to them. We will need to work through different scenarios including utility
relocation, because of that we are unsure of the cost. The overall idea is to
promote Kennedy Park. Through the neighborhood planning process, the
neighbors have noted how important this section of Linden Avenue is as a historic,
commercial district therefore, we would like to tie both sides of the street together.
The Dream Center project will help to support new development on the north side
of the street.
Secretary Warner noted that the Dream Center project is very exciting and that
this is a part of the effort to revitalize the Linden and Kennedy Park neighborhood.
The neighbors and council are excited.
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Upon a motion by Secretary Warner, seconded by Commissioner Sallie, the
motion carried unanimously, the Commission approved Budget Request
(Linden Avenue Streetscape & Design) submitted on Thursday, September 8,
2022.
B.South Side Development Area
1.First Amendment to Development Agreement (Nexus Center)
Mr. Bauer, Department of Community Investment presented the First Amendment
to the Development Agreement (Nexus Center). The proposed amendment would
increase the public commitment and commensurate increase in the private
investment commitments for the Nexus Center. The Nexus Center would serve as
a community center space, mental health counseling with clinical space. This
community-oriented space is an adaptive reuse of a former industrial building that
had office space. The original agreement approved by the Redevelopment
Commission in August 2021 would be adjusted by an increase in private
commitment from $1M to $1.6M to help fund a roof replacement which will
preserve the facility and allow for a complete build out of the space. Commission
approval is requested.
Ms. Buggs, Nexus Center noted Mr. Buggs was out training surgeons on robotic
technology which helps to fund some of the investment. A thank you to
Community Investment and their team working with them to be able to utilize TIF
funds to make ADA upgrades to the entrances of the building. They are working
with Kil architecture and have been able to put things out to bid. Some of the work
that has been done includes painting, flooring, and new lighting. They have been
able to hold meetings with groups such as 100 black men and had mental health
roundtable sessions with the Delta Sigma Theta sorority. They have worked with
residential neighborhoods committee of council and Alpha Kappa Alpha sorority.
They’ve hosted other groups as well putting on a vaccination clinic and other
community meetings. The Buggs want to continue to build upon the theme of
creating a community and wellness center. With the mental health crisis affecting
the country and our community they would like to continue to improve the health
and status of the community at large. By replacing the roof, we would like to
expand and utilize the entire building keeping it dry to make sure the investment is
secure.
Commissioner Wax asked what part of the private investment has been utilized
and what makes up the remainder?
Ms. Buggs answered currently they are at approximately $800k but she does not
have the final numbers, which have gone into upgrades including the HVAC
system. They also have had help from local unions which is a continued process.
They have support from community foundations and grants. With all the continued
support, they anticipate being able to meet the full commitment.
Commissioner Wax asked if the full amount needed would be the total to get the
Nexus Center operational?
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Ms. Buggs replied yes.
Commissioner Sallie stated that she understands that the Nexus Center is
operational to a certain level as Dr. Buggs mentioned several groups have utilized
the center. Even though it is not completed, you are allowing groups to come in.
Ms. Buggs answered yes, they’ve been able to utilize some areas as conference
room space. Each group pays a fee to use the space, which in turn helps
generate revenue towards completion.
Commissioner Wesley said a thank you to Dr. Buggs and believes the Nexus
Center will be a great asset to the community.
Commissioner Wax asked to be reminded of the impetus increased amount.
Mr. Bauer stated that the Buggs were willing to commit to a larger private
investment as they became aware of the condition of the facilities roof. The city, in
an effort to protect its own investments in the property, was willing to increase their
public investment. This would benefit both the city and the Nexus Center. At
current there have been leaks and patches done so fully replacing the roof
maintains the integrity of the building.
Commissioner Wax if that is the full extent of the city’s investment.
Mr. Bauer stated yes that is the extent of the city’s capital investment for this
project.
The commission opened this item up for public questions/comments.
Mr. Barrett, resident, asked if the city has a policy to the percentage of city
funding.
Mr. Bauer answered that there is no written policy. The city looks at providing
funds to support mission-based organizations and provide strategic goals we have
to participate in a project. All the above is how we bring a proposal to the
Redevelopment Commission.
Ms. Broden, resident, spoke in support of the project and the increase in
investment. She has been in the building and states it has great bones. In her
opinion it has great potential and she believes in helping to support the roof. The
conceptualization and the delivery of services will go a long way to support the city
of South Bend regarding wellness, public health, violence prevention and
economic development. The importance of the talent and skill sets that the Buggs
bring to the table and the goals in the not for profit with the partnerships are valued
as a citizen.
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Secretary Warner commented that he had some concern as to ration of
investment to funding but there is a plan for a clinic there that the Buggs are
working on. With the continued investment and opportunity to have a clinic come
to fruition and life is what tips the balance and stability of the building. He would
like to encourage getting the clinic to happen on that end of town and he supports
the project.
Upon a motion by Commissioner Sallie, seconded by Vice-President Inks, the
motion carried unanimously, the Commission approved First Amendment to
Development Agreement (Nexus Center) submitted on Thursday, September 8,
2022.
6.Progress Reports
1.Tax Abatement
1.Mr. Bauer noted that one tax abatement will be coming before council
which is a personal property tax abatement for Steel Warehouse. Due to
schedule conflicts, the business asked that the confirming resolution be
brought forth in non-consecutive council meetings.
2. Common Council
3.Other
1.Mr. Molnar Presented Resolution No. 3557 AEP Ratification. This is a
ratification of Resolution No. 3557 for a settlement agreement between the
Redevelopment Commission and AEP. The property is located near
Ignition Park. The two lots are at the corners of Garst, Franklin and
Lafayette. The commission sold the lots to AEP in July 2020 for a $50k
purchase price. In the agreement AEP was to make improvements to the
lot and did not. AEP has indicated they will not be making improvements.
To avoid litigation over the property, AEP has released the property back to
the Redevelopment Commission for $50k to be redeveloped. We’ve
settled on an agreement. Mr. Molnar noted that AEP removed some debris
from the property. Staff notes that there is some interest in the site.
Vice-President Inks asked what was AEP going to do with the site?
Mr. Molnar stated that it was to be utilized as a substation development to
help expand electric capabilities through federal grants, which did not
happen. They were also going to use it for a possible educational training
program with Notre Dame but ultimately there was no job creation.
Vice-President Inks stated that he would be supportive of this. We have a
relationship with AEP that needs to be maintained moving forward on other
development projects. This seems to be an equitable solution.
President Jones agreed.
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Secretary Warner stated that he understands this is a larger effort to go
back and re-evaluate all our agreements to find who is in compliance and
who isn’t. We have been talking about this for months. When we sell a
property and make an agreement and developers do not commit, we need
to act. He is appreciative of staff going through the agreements and
starting to clean them up.
The commission opened this item up for public questions/comments.
Mr. Barrett, resident, asked if all property taxes were current.
Mr. Molnar said yes. That is one of the things staff reviews when buying
and selling properties to make sure we are not held liable for taxes.
Upon a motion by Vice-President Inks, seconded by Commissioner
Wax, the motion carried unanimously, the Commission approved
Resolution No. 3557 ratification of AEP property submitted on Thursday,
September 8, 2022.
2.Mr. Bauer Presented an update on Matthews, LLC projects. Mr. Bauer had
hoped that Matthews, LLC would be able to present an update about 300 E
LaSalle. Mr. Bauer met with Mr. Matthews, and it was conveyed to him and
asked to convey to the Redevelopment Commission that he declined their
invitation to come to the meeting but instead invited commissioner’s to
speak privately with him and invited them to his building.
The latest report from the city on the project is that plans for the grocery
store have been submitted to plan review from building, zoning, and
engineering. Permitting is still under review and has not been issued to
date. Mr. Matthews provided no name of a potential tenant for the grocery
store, which is obviously a focal point of the development agreement. The
developer has declined to share the tenant’s name with Mr. Bauer but did
indicate there would be a form of an announcement at some time in the
future. Just a note that the deadline for all the pieces of this development
agreement to be satisfied is on December 31, 2022.
Commissioner Sallie asked what the next steps will be from the city.
Mr. Bauer stated that is something we are exploring as far as the legal
authority of the Commission. Mr. Bauer would like the commission’s
feedback as to if they would be willing to accept a written update, we could
potentially inquire about that. How would the commissioner’s like to move
forward?
Secretary Warner commented that it is quite disappointing that Mr.
Matthews has no problem coming to meetings to try to get $10M for the
building and notes that the developer has made a commitment and those
commitments have not been met. The fact that he is hiding and won’t
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
come to a public meeting is very disappointing and concerning. These are
public dollars and require some level of transparency. These are
community tax dollars that are supporting a project and the city needs to be
treated as a business partner for the projects. This is why things are
presented in writing. Come December 31, 2022, I hope that the mayor and
the city strongly consider doing a claw back for our portion of that $10M on
unkept promises.
Mr. Bauer noted that each developer is required to send updates to staff on
projects. We now understand that updates were sent to a staff member
that is no longer with the city, therefore, those updates went to a dead
email account. The developer noted he will send those updates to staff
and staff will distribute them to the Commissioner’s. Moving forward, we
will develop an email that will allow a change to the receiver of those
emails, so this is not an issue in the future.
Vice-President Inks asked if we have an event of default or is that
December 31, 2022?
Mr. Bauer understands December 31, 2022, is what has been determined.
We are skeptical of the project being completed by that date.
Commissioner Wax asked if there is any default now? Or are you saying
that the city’s position would be simpler and more straightforward to the
time of breach of commitments.
Mr. Bauer stated yes, because we are looking at a potential size of a claw
back on December 31, 2022, before the city were to take legal action
against the developer related to this development.
Secretary Warner clarified one thing, and asked for correction if wrong, that
the actual deadline was April, 2021 but the RDA recently gave the
developer an extension to the end of this year but technically he defaulted
in April, 2021 and after quite a time period after a postal facto to extension
so he has already defaulted.
Commissioner Wax noted that’s his understanding, however, it is the city’s
position preferring not to initiate any legal action until December 31, 2022.
Commissioner Wax echo’s Secretary Warner’s comments that the city
should be ready, but it is his hope and preferred outcome that the terms of
the agreement would be met, and no adverse action would need to take
place. In light of what seems to be less than fully cooperative in nature, he
thinks the city should be prepared for action on December 31, 2022,
determining what the next steps should be or how to best effectuate them.
Mr. Bauer noted that is our current operating status for preparation of that
date.
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Secretary Warner states he would love to see a grocery store there but
given Mr. Matthews history on other unfinished projects, well, he would love
to be proved wrong and to have the grocery store there; a real grocery
store not a lemonade stand. We will see what happens.
The commission opened this item up for public questions/comments.
Rachel Tomas Morgan, 114 Chapin Street shared her deep
disappointment that Mr. Matthew’s was not in attendance. He has been
asked multiple times to meet with neighbors, the neighborhood
association, and to this body to provide updates. The fact that he has yet
declined another invitation to come before you is deeply disturbing, and
she would recommend to the commission to take whatever action possible,
exploring that with legal to compel him to come before you and to provide
an update in the next month, and certainly with significant time before the
end of the year deadline. She notes that the developer has continued to
buy properties across the city and having held this amount of public
money, we need to keep him accountable.
David Francisco. 710 N Hill Street. Mr. Francisco states that he owns the
building at 712 E Jefferson where he operates his law practice. He is a
concerned citizen in the East Bank neighborhood where he lives, raising
his family and working. He has spoken to the Board of Zoning appeals
earlier this year on at least two separate occasions related to the use of
the old Madison Center as the legal homeless shelter where he was
attempting to get a variance of expose facto variance to operate it as a
hotel for athletes. It was quickly exposed that was not the intention. Mr.
Francisco’s read of the board and room can tell everyone is frustrated
about Mr. Matthews not meeting commitments in the neighborhood, which
is a great neighborhood. The neighborhood is thriving, but it’s also littered
with incomplete Matthews, LLC. projects that have been started and not
finished; just letting them fester. The other buildings he owns, the
Commerce Center, you drive by, and it looks dilapidated. The Emporium
restaurant looks dilapidated. Obviously, we have been dealing with the
Madison Center and now we have this building that was new from two
years ago looks like the top three or four floors are still unoccupied and he
is unsure if there is a certificate of occupancy. There’s supposed to be a
grocery store there but to echo Troy Warner, I would love to see a grocery
store there. Prove me wrong. He is unsure why the developer was given
an extension to meet his obligations. He would implore the Commission,
that this is unprecedented action and implore the commission to take that
unprecedented action and claw back the funds of $10M in taxpayer money
that is going to support someone who is continuing to laugh in all our
faces.
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Dan Gauthier, 221 E Colfax, which is part of the east bank townhomes.
Mr. Matthews seemingly abandoned the structure at 215 Sycamore Street
directly behind his home. While he can appreciate the difficulties Mr.
Matthews encountered with suppliers during construction, this project has
now been untouched for five years. Furthermore, Mr. Matthews addressed
their homeowner’s association in 2021 and indicated optimistically that the
project would probably not be pursued for at least 10 more years and that
other development projects would take precedence. One rationale that he
had offered is that his construction cost would now require rental pricing
that far exceeded what the current market would bear. Meanwhile, the
east bank flats project continues to be listed on Matthew’s website as if
you could live there. Apartments.com also suggests contacting them for a
quote and to schedule a site visit. The Redevelopment Commission’s
Charter is to study areas of the city, identify problem areas and develop a
strategic plan for eliminating blight and bringing about new development
within these areas. The property at 215 Sycamore is a project that has
resulted in exactly the opposite. It was a development that created blight
where none existed. I provided a colleague who is in attendance in person
some pictures of that, but it is pretty evident that it is blightful. As a
homeowner and a taxpayer, I’d ask the commission to address this issue.
I think there should be a commitment and a deadline to either finish the
project or return the site back to the condition that existed prior to
construction.
Richard Harte, 804 N. Hill Street. He is a citizen of the east bank
neighborhood and speaks to you today as a concerned citizen, a
homeowner, and a taxpayer. He would like to echo all the previous
comments and encourage the commission to develop an immediate
strategy at the December 31, 2022, deadline. We all hope something will
be done by Mr. Matthews, but in his experience, hope is not a strategy. He
believes that this unprecedented action should be strongly considered and
taken by this commission and by the city. Everyone here has laid out Mr.
Matthews’ history of developments and promises made, and public dollars
taken and promises broken, failures to be held accountable for and to be
transparent about his actions. He urges the commission and applaud Troy
Warner and some other members that have spoken to this in the past. He
plans to continue to attend the meetings to urge the commission and the
city to hold Mr. Matthews accountable and to continue the strong
development that has happened in the city.
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Matt Barrett, 110 S Niles, resident stated that the commission and the city
may not be able or prefer not to take action on the 300 LaSalle Street
project until January, but it can take action on two other matters. He would
encourage the city to take action on 228 Sycamore, which is a blight
situation. In addition, he believes there's been a violation of that contract,
which was to be completed within two years. There's a non-assignment
clause. The contract was originally with the East Bank, South Bend
Development Company, the property is now titled in the name of the
Commerce Center, so he believes there is an illegal assignment without
written approval of the commission. Mr. Barrett believes this gives the
Commission the ability to take action on 228 Sycamore. In addition, he
reminded the commission that they issued a notice of default on
September 22, 2021, for the vacant lot on the corner of South Niles and
Jefferson Street. He notes that there have been a series of code
violations. There is an illegal unpaved and undrained parking lot that has
not been addressed. Fines continue to accumulate. In addition, there is an
illegal dumpster in the vacant lot behind the 10 townhomes and it is just
time for the city to let Mr. Matthews know that they are serious about
enforcing his contractual commitments. Mr. Barrett pointed out that the
$5M that the city advanced for a grocery store and a pharmacy; if we say
there are approximately 100,000 residents in South Bend, that means that
every resident of South Bend has a $50 investment in that grocery store
and pharmacy. And right now, we have received exactly zero for that
investment.
Jo Broden, resident presented two quick points. In Mr. Matthews’ offering
to go directly to commissioner’s to give updates raises the question of the
open-door law and the commission’s duties. Second, she suggests
accepting a written update would be wholly insufficient in regard to the
public investment that has been set forth. The inability of the public to
respond or the developer to be help accountable by choosing that record
would be skirted. I would suggest not to accept a written update. Ms.
Broden suggests, as others have, to have a plan in a claw-back plan of this
investment.
Commissioner Wax agrees with the sentiment of a written response being
insufficient and the same with a developer/commission private meeting
regarding the open-door law. He would seek confirmation from our legal
counsel, but he does not believe an individual commissioner meeting with
anyone relates to the open-door law. It would require a majority of a
quorum for it to be in violation of the open-door law. Whether it is a good
idea for the commissioners, we trust the commissioners to make their own
decision.
South Bend Redevelopment Commission Regular Meeting – September 8, 2022
Commissioner Wesley stated that when we talk about equity that other
developers and other investors in the community would give their left and
right arms to receive any dollars from the city. She wants to understand
why Mr. Matthews is being given special privileges, because that is what it
sounds like. There have been other investors that have applied for dollars
and were turned down. What type of presence are we showing by giving
him this chance after chance. She wants to make sure that we’re
equitable and agrees with every comment that has been made as
fairness. How fair is this to other developers that follow the rules. We
want to be sure that we are being consistent. This is taxpayer money and I
just want to say it is not a good look.
Commissioner Sallie states that if all the commissioners agree that a
message should be relayed to Mr. Matthews through Mr. Bauer that we are
not in agreement with an individual meeting with him and that unless he
presents in person that it is disrespectful for him not to come and present
to the commission. Unless he is willing to meet with at a Redevelopment
Commission meeting, we are not interested in meeting individually.
3.Mr. Molnar stated that Redevelopment Commission staff will be distributing
a draft proposal for the Lafayette building. Staff have been working on this
project for months. As you are aware, we have moved some property
around to make the office building more appealing to developers. This is
just a draft of the RFP. The goal is to have this go live on the September
22nd meeting so the RDC can act. Mr. Molnar states the bidding period will
go into the end of January 2023 to hopefully get a great use and
renovation for this building.
7.Next Commission Meeting:
Thursday, September 22, 2022
8.Adjournment
Thursday, September 8, 2022, 10:39 a.m.
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, September 6, 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-0043149 $129,012.62
GBLN-0000000 $0.00
GBLN-0000000 $0.00
Total:$129,012.62
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:129,012.62$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
ITEM 3A
______________________________________________________________
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, September 13, 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-0043736 $1,750.00
GBLN-0000000 $0.00
GBLN-0000000 $0.00
Total:$1,750.00
_______________________________
Daniel Parker, City Controller
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:1,750.00$
By:_______________________________
South Bend Redevelopment Commission
Name:
Date:
ITEM 3B
______________________________________________________________
Name:Name:
_______________________________
Name:_______________________________
Name:
_______________________________
Name:
Redevelopment Commission Agenda Item
DATE:
FROM:
SUBJECT:
9/16/22
Joseph Molnar
Lafayette Building Disposition Offering Price
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: A Resolution establishing the Disposition Offering Price of the Lafayette
Building and 117/119 Lafayette Blvd. Also approving the supplemental RFP.
Specifics: Attached is a resolution to establish the disposition offering price for the
Lafayette Building and 117/119 Lafayette Blvd.
The proposed fair market value of the property, as derivided by two independent
appraisals, is found in "Exhibit A" in the attached Resolution. Staff has also created a
Request for Proposal for the property. Any sale of the property during this offering will be
subject to to the terms set forth in the RFP.
Staff requests approval.
INTERNAL USE ONLY: Project Code: _______________________________________________; Total
Amount new/change (inc/dec) in budget: _______________; Break down:
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? ____ Existing PO#__________ Inc/Dec $_____________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM 5A1
RESOLUTION NO. XXX
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION ESTABLISHING THE OFFERING PRICE OF
PROPERTY IN THE RIVER WEST DEVELOPMENT AREA
WHEREAS, the South Bend Redevelopment Commission (the “Commission”),
the governing body of the City of South Bend, Indiana, Department of Redevelopment,
exists and operates pursuant to I.C. 36-7-14 (the “Act”); and
WHEREAS, the Commission may dispose of real property in accordance with
Section 22 of the Act; and
WHEREAS, the real property identified at Exhibit A attached hereto and
incorporated herein (the "Property") has been appraised by two qualified, independent,
professional real estate appraisers and a written and signed copy of their appraisals is
contained in the Commission’s files; and
WHEREAS, each such appraisal has been reviewed by a qualified Department of
Redevelopment staff person, and no corrections, revisions, or additions were requested
by such reviewer; and
WHEREAS, the Commission has determined that it is in the best interests of the
City of South Bend and its residents to offer the Property for sale subject to a request
for proposals (“RFP”), which the Commission has reviewed.
NOW, THEREFORE, BE IT RESOLVED by the Commission, pursuant to Section
22 of the Act, that based upon such appraisals, the offering price of the Property
described at Exhibit A is hereby established as stated therein, which amount is not less
than the average of the two appraisals, and all documentation related to such
determination is contained in the Commission’s files.
IT IS FURTHER RESOLVED that the Commission approves of the release of the
RFP in substantially the same form in which it was presented.
IT IS FURTHER RESOLVED that any sale of the Property made during this
offering will be subject to the terms set forth in the RFP.
IT IS FURTHER RESOLVED that all notices and other actions required by
Section 22 of the Act be performed in order to effectuate the disposal of the Property.
Signature Page Follows
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
September 22, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard,
South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
____________________________
Marcia I. Jones, President
ATTEST:
____________________________
Troy Warner, Secretary
EXHIBIT A
TO RESOLUTION NO. XXX
Property Size Minimum Offering
Price Proposed Use
115 & 117/119 Lafayette
Blvd.
71-08-12-151-003.000-026
71-08-12-151-004.000-026
37,000 sf +/-
building with
0.1628 acre
parking lot
$392,100.00
Projects that are
permitted within the DT
Downtown Zoning District.
Strong emphasis will be
placed during the review
process on compatibility
with and support of the
goals and objectives of
the River West
Development Area, the
surrounding businesses
and neighborhood, and
the property’s local
historic designation.
Request for
Proposals
For the Rehabilitation and Adaptive Reuse of
The Lafayette Building
Release Date
September 22, 2022
Deadline for Submission
January 26, 2023
T H E C I T Y O F S O U T H B E N D
OFFICIAL RFP
LAFAYETTE
BUIDLING
TABLE OF CONTENTS
I.SUMMARY OF OFFERING............................................................................................. 2
II.INTRODUCTION .......................................................................................................... 4
III.PROPERTY DESCRIPTION .......................................................................................... 5
IV.PROJECT OBJECTIVES AND DESIRED LAND USES ............................................... 12
V.KEY TERMS............................................................................................................... 13
VI.EVALUATION CRITERIA ......................................................................................... 14
VII.SUBMITTAL INSTRUCTIONS AND REQUIREMENTS ............................................. 15
VIII. SELECTION PROCESS AND AWARD ........................................................................19
IX.ATTACHMENTS AND ELECTRONIC LINKS ..............................................................20
RFP: The Lafayette Building
2 | SUMMARY OF OFFERING
I.SUMMARY OF OFFERING
OPPORTUNITY Acquisition and rehabilitation of the Lafayette Building
located in downtown South Bend. The building offers
approximately 37,000 square feet across five floors.
Additionally, the adjacent 117/119 S. Lafayette
offers the opportunity for off-street parking.
LOCATION Lafayette Building: 115 S. Lafayette Blvd.,
South Bend, IN 46601 Parcel Number:
71-08-12-151-003.000-026
Off-Street Parking: 117 & 119 S. Lafayette Blvd.
South Bend, IN 46601
Parcel Number: 71-08-12-151-004.000-026
USES Uses as allowed in the Downtown zoning district,
including cultural, institutional, office, commercial,
retail, and multi-family residential among others.
HISTORIC STANDARDS The building is a City of South Bend local landmark and is
located within the West Washington National Historic
District. Exterior modifications must receive approval from
the St. Joseph County & South Bend Historic Preservation
Commission.
DEVELOPMENT TEAM Applicant team should be composed of a diverse
background of professions and be able to present
their experience, knowledge, and expertise.
CAPITAL INVESTMENT Substantial investment is required for further building
stabilization, rehabilitation, renovation, and
completion of any intended
development. Business terms will reflect the
private investment required.
FINANCIAL REQUIREMENTS Each Applicant will need to demonstrate its ability to
successfully finance, construct and operate the project.
SELECTION PROCESS City Staff will review the development proposals and will
provide recommendation to the Redevelopment
Commission for approval of a selected development
team and proposal. Upon Redevelopment Commission
action, City Staff will work with the selected
development team and proposal to prepare a Real
Estate Development and Purchase Agreement.
RFP: The Lafayette Building
SUMMARY OF OFFERING | 3
SUBMITTAL DEADLINE Proposals are due to the
Redevelopment Commission, via email to
RDCRFP@southbendin.gov, no later than 9:00 am
ET on January 26, 2023.
PRE-SUBMITTAL MEETING
AND TOUR
There will be a pre-submittal meeting and building
tour on October 18th at the Lafayette Building, 115 S.
Lafayette Blvd., South Bend IN, 46601.
MINIMUM BID The minimum offering price is $392,100.00.
CONTACT Joseph Molnar
Property Development Manager
Department of Community Investment, City of South Bend
574.245.6022
jrmolnar@southbendin.gov
4 | PROPERTY DESCRIPTION
RFP: The Lafayette Building
II.INTRODUCTION
The City of South Bend is pleased to issue this Request for
Proposals (RFP) seeking qualified applicants (“Applicant”) to
purchase and rehabilitate, adaptively reuse, and manage the
Lafayette Building located in downtown South Bend. This offering
presents a rare and unique opportunity to return a monumental
historic building to life and to further the revitalization of downtown
South Bend. The City is open to creative adaptive reuse proposals
that contain a mix of uses in the building.
The City acquired the Lafayette Building in 2018 with the purpose
of preserving the existing structure and returning it to productive
use. The key dates for this offering and anticipated schedule for the
selection of Applicant are below.
Pre-Submittal tour
and conference:
October 18, 2022, from 10:00 a.m.
through 2:00 p.m. at the
Lafayette Building, 115 S. Lafayette
Blvd., South Bend, IN 46601
Written questions
deadline: January 13, 2023, at 12:00 p.m.
Submittal
deadline:
January 26, 2023, at 9:00 a.m.
Interested parties are responsible for reviewing and becoming familiar
with the contents of all portions of this RFP.
RFP: The Lafayette Building
PROPERTY DESCRIPTION | 5
III.PROPERTY DESCRIPTION
Originally known as the Dean Building, the Lafayette Building is
South Bend’s first commercial office building and is an excellent
example of turn of the century Neo-Classical style.
The Lafayette Building is immediately west of City and County
governmental offices – including the County-City Building and St.
Joseph County Courthouses – and near a variety of other
professional offices. The location is steps away from a range of
downtown restaurants, attractions, and entertainment options and
only three blocks from the St. Joseph River.
Figure 1. Skylight at the roof that lights the five-story interior atrium
RFP: The Lafayette Building
6 | PROPERTY DESCRIPTION
A.The Building
The Lafayette Building was constructed in 1901 as a two-
story office building. It housed attorneys, physicians, real estate
agents, life insurance agents and proprietary medical companies.
By 1903, a three-story addition was added to the structure
to make the building a total of five stories tall. It was a
high- end building, constructed of brick with limestone and
terra cotta details. The entrance is articulated with limestone
details and a marble portico.
Figure 2. The Lafayette Building’s east and south facing facades
RFP: The Lafayette Building
PROPERTY DESCRIPTION | 7
Figure 3. The Dean Building in circa 1920s
RFP: The Lafayette Building
8 | PROPERTY DESCRIPTION
The interior is an architectural marvel featuring a five-story atrium
surrounded by balconies on three sides with an original skylight at the
roof that naturally lights the interior spaces throughout. The building
layout consists of a circular plan with offices ringing the perimeter and
interior glass that allows privacy but lets in natural light. Natural light
from the central atrium is an attribute that is critical to retain in a
proposed rehabilitation regardless of the proposed use.
Figure 4. Atrium and Skylight
The City has undertaken a number of efforts in order to help
stabilize and improve the viability of the property with a cost
totaling ~ $750,000.
City stabilization efforts have included a full roof replacement including a
complete tear off and re-roof of the building, roof drain replacement
totaling full replacement of two interior drainpipes, skylight replacement,
exterior brick and limestone masonry rehabilitation (crack repair,
RFP: The Lafayette Building
PROPERTY DESCRIPTION | 9
tuck-pointing, masonry rebuilding, soft control joint
installation, cleaning and limestone patching), asbestos
abatement based on the assessment of building condition
report findings, and a full building cleanout which removed
remaining office furniture, glass, and debris
from the building. The asbestos report is available
for review upon request by the Applicant.
The Lafayette Building was designated as a Local
Historical Landmark in 2000. As such, exterior improvements
are subject to Preservation Standards for Local Landmarks.
Applicable exterior improvements will require review and
approval by the Historic Preservation Commission. The
Lafayette Building is also a contributing structure in two
National Register Historic Districts, the Downtown South Bend
Multiple Resource Area and West Washington National
Register Historic District. As a result, the designation may qualify
the structure for funding incentives. There are no historical
reviews of interior changes however, Department of Community
Investment approval will be required.
The building has five floors and a full basement with a total
of about 37,350 gross square feet of space. Floors 2 through 5
are similar in size and layout, and each are 6,029 gross square
feet.
A set of floor plans can be found in Section IX.A.3 of this RFP.
LAFAYETTE BUILDING GROSS SQUARE FOOTAGE
Basement 6,632 GSF
1st Floor 6,609 GSF
2nd Floor 6,029 GSF
3rd Floor 6,029 GSF
4th Floor 6,029 GSF
5th Floor 6,029 GSF
TOTAL 37,357 GSF
RFP: The Lafayette Building
PROPERTY DESCRIPTION | 10
Figure 6. Satellite view of the Lafayette Building and included 117 & 119 Lafayette Blvd. properties
RFP: The Lafayette Building
11 | PROPERTY
B.The Grounds
The Lafayette Building sits on a site that is approximately 0.17
acres. This RFP also includes 117 & 119 S. Lafayette which is a
0.16 acre parking lot immediately south of the Lafayette Building
across from a paved alley. The City is open to the possibility of
vacating the alley as part of a potential development of both the
Lafayette Building and 117 & 119 S. Lafayette.
Figure 5. 117 & 119 Lafayette Blvd. Parking Lot
C.Surrounding Uses
To the immediate north of the Lafayette Building is the Former First
Presbyterian Church – also a designated local landmark – which is
currently vacant. To the west are parking lots and a variety of small
scale office and residential uses. To the south, beyond the 117 &
119 S. Lafayette Blvd. parking lots is the St. Joseph County and
City of South Bend Building Department building. To the east are
several governmental offices, including the County-City Building
and St. Joseph County Courthouse Complex.
RFP: The Lafayette Building
12 | PROJECT OBJECTIVES AND DESIRED LAND USES
IV.PROJECT OBJECTIVES AND DESIRED LAND
USES
A.Objectives of Request for Proposal
The objectives of this Request for Proposal (“RFP”), and an
awarded proposal, are to:
•Renovate the Lafayette Building for a productive use;
•Maintain the historic integrity of the building;
•Promote development that enhances the appearance,
value, and character of downtown and the surrounding
area; and
•Incorporate principles consistent with an urban walkable
downtown South Bend.
B.Encouraged Uses and Activities
Projects shall support the highest and best use of the property,
which the Department has determined to be either:
•Restoration of the building to its original use as a high-
quality office building;
•Adaptive re-use of the building for a market rate
multifamily residential development, either condominiums
or apartments;
•A mix of office, residential, retail, or commercial
development including a boutique hotel; or
•Any and all uses allowed in the Downtown zoning district.
The City supports increasing residential density downtown. In
conjunction with any proposed reuse of the building, the City
would be supportive of ground floor retail, restaurant or
entertainment uses, as appropriate. Only proposals that intend
reuse of the entire building will be considered.
This list is not intended to be exhaustive and the City is open to
new ideas and creative uses within the Downtown Zoning District.
A list of all allowed uses is attached to this RFP.
RFP: The Lafayette Building
KEY TERMS | 13
V.KEY TERMS
Below are key elements of the proposed offering that should be
addressed and included as part of the response to this RFP.
1.Applicant: Shall include the actual legal entity submitting and
executing the Proposal Documents and Forms.
2.Bid: Proposal Documents and Forms completed by the
Applicant and submitted for consideration by the Department.
3.Bid Period: Shall commence upon publication of the legal
notice offering the Property for sale and shall end on the date
and time specified in the legal notice.
4.Department: The City of South Bend Department of
Community Investment, 14th Floor, County-City Building, 227
W.Jefferson, South Bend, IN 46601, working through the
City of South Bend Redevelopment Commission
(“Commission”).
5.Development Plan: The River West Development Area Plan,
which is available for review on the City’s website (link can
be found Section IX.B.1 or at the Department of Community
Investment offices located at 227 W. Jefferson Blvd., 14th
Floor, County-City Building, South Bend, Indiana.
6.Project: Development, redevelopment, improvement and/or
use of the property.
7.Property: The property that is the subject of these Proposal
Documents.
8.Proposal: Applicant’s intended purchase and development of
the Property as described in its Bid to the Department.
RFP: The Lafayette Building
MINIMUM QUALIFICATIONS & EVALUATION CRITERIA | 14
VI.EVALUATION CRITERIA
The Department may consider the creativity of each Applicant’s
approach to effective use of the Project Site and the adaptation of the
Applicant’s Proposal to the unique character and historic nature of the
Property.
The Department expressly reserves the right to accept or reject any or
all Bids and to waive any informalities, irregularities, or technical
defects if such are deemed, in the Department’s sole opinion, to be
immaterial. The Department shall not be responsible for errors and/
or omissions on behalf of the Applicant. The Department will not
be responsible for making interpretations or correcting errors.
The Department shall evaluate and consider the following factors in its
review of Bids:
1.The degree to which the Applicant’s Bid meets the
objectives of the River West Development Area Plan and
meets or exceeds the criteria outlined in this RFP.
2.The size and character of the improvements proposed by
to be made by the Applicant.
3.Applicant’s plans and ability to improve the Property with
reasonable promptness and Applicant’s proposed
timetable for commencing and completing the Project.
4.The financial responsibility, qualifications, experience and
ability of the Applicant to finance and complete the
development as proposed.
5.The total Purchase Price offered by Applicant.
6.The immediate and long-term potential impact on
employment and residential population in the area
anticipated to result from development of the Property.
7.Any other factors which will assure the Department that
the sale of the Property, if made, will further the execution
of the River West Development Area Plan and will best
serve in the interest of the community, both from the
standpoint of human and economic welfare and public
funds expended.
In the event that no Bid is recommended, the
Redevelopment Commission may dispose of the Property at either
public sale or by private negotiation in accordance with Indiana
Code §36-7-14-22.
RFP: The Lafayette Building
15| SUBMITTAL INSTRUCTIONS AND REQUIREMENTS
VII.SUBMITTAL INSTRUCTIONS AND
REQUIREMENTS
A.Submittal Instructions
1.Schedule
Pre-Submittal tour and
conference:
O ctober 18 2022, from 10:00
a.m. through 2:00 p.m. at the
Lafayette Building, 115 S. Lafayette
Blvd., South Bend IN, 46601
Written questions
deadline: January 13, 2023, at 12:00 p.m.
Submittal deadline: J
anuary 26, 2023, at 9:00 a.m.
2.Pre-Submittal Meeting and Building Tour
Interested parties are strongly encouraged to attend the pre-
submittal meeting and tour on October 18, 2022, from 10:00
a.m. to 2:00 p.m. at the Lafayette Building 115 Lafayette
Street, South Bend, IN 46601. City staff will address questions
and offer a tour of the building. Access may be limited based
on building conditions and all parties will be required to sign
liability waivers.
3.Questions Regarding RFP
Any requests for information concerning, or clarification of, this
RFP must be submitted in writing before 5:00 p.m. on
January 13, 2023 to: Joseph Molnar 227 W Jefferson
Blvd., 14th Floor, South Bend, IN 46601 or by
e-mail to jrmolnar@southbendin.gov.
Responses to all questions directed to staff either at the pre-
submittal meeting or in writing prior the date above will be
posted on the City’s web page for this RFP. Applicants are
presumed to have received any and all information contained
and referenced in this RFP, transmitted to interested parties and
posted on the City’s web page for this RFP.
LINK FOR RFP WEB PAGE
4.Form of Submittal
An electric copy of the submittal, in a single PDF document,
shall be submitted to RDCRFP@southbendin.gov with
subject line of “Bid: Lafayette Building.”
RFP: The Lafayette Building
SUBMITTAL INSTRUCTIONS AND REQUIREMENTS | 16
If desired, Applicant may submit a physical copy of the
submittal. Submittals must be prepared and submitted in
an organized manner.
All physical Bids must be clearly marked “Bid: Lafayette
Building” and delivered to:
City of South Bend, Department of Community Investment
227 W. Jefferson Blvd., South Bend, IN 46601
14th Floor, County-City Building
Attn: Joseph Molnar
South Bend, IN 46601
5. Bid Delivery
The proposals are due to the Department no later than
January 26, 2023 at 9:00 a.m.
B.Bid Requirements
1.The minimum offering price is $392,100.00.
2.The site purchase must include both parcels being bid.
3.Cover letter:
Submit a cover letter that introduces the development team and
highlights of the rehabilitation concept for the building, executed
by an authorized signatory of the development team.
4.Statement of Qualifications and Financial Responsibility:
Applicant shall complete a Statement of Qualifications and
Financial Responsibility on the form provided. In addition, the
Department reserves the right to make such investigation as it
deems necessary to determine the ability of the Applicant to
perform the obligations expressed in Applicant’s Proposal to the
Department, including Applicant’s experience, financial status or
any other item referenced in the Proposal Documents and
Forms. The Department reserves the right to reject any Bid
where, in the Department’s sole opinion, the evidence or
information does not satisfy the Department that the Applicant is
qualified to properly carry out the obligations of the proposed
Project, or where the Applicant refuses to cooperate or assist
the Department in making such investigation.
5.Affidavit of Non-Collusion:
Applicant shall complete the Affidavit of Non-Collusion on the
form provided. The Affidavit of Non-Collusion is affirmation that
the Applicant has not colluded, conspired, connived, or agreed
with any other Applicant or person, firm, or corporation in regard
RFP: The Lafayette Building
17 SUBMITTAL INSTRUCTIONS AND REQUIREMENTS
to any Bid submitted to the Department. The failure of Applicant
to submit the Affidavit of Non-Collusion shall be cause for
rejection of Applicant’s Proposal.
6.Statement of Sources and Uses:
Applicant shall submit a statement of sources and uses that
includes:
•Analysis detailing costs (uses) associated with the proposed
project, categorized by:
•acquisition cost;
• approximate construction costs both hard and soft, and
• analysis detailing sources of funds to support the project,
categorized by:
•financing sources / equity; and
•debt.
7.Narrative Description:
Applicant shall submit a concise Narrative Description of the
Applicant’s proposed development of the Property. The
Narrative Description shall include:
•the exact nature, character and use of the Applicant’s
proposed improvements to the Property;
•conceptual maps, plans and drawings to clearly indicate the
location, size, materials, square footage, style of structures,
parking lots, and any other improvements proposed for
development of the Property;
•required parking needs;
• the cost of any improvements or investments being requested
of the Department and the return of such investment to the
Department;
•applicant’s experience and expertise on similar projects;
•the respective experience and expertise of the individuals
comprising a development team;
• project timeline outlining when major development actions will
occur; and
• jobs to be created or retained.
RFP: The Lafayette Building
SUBMITTAL INSTRUCTIONS AND REQUIREMENTS | 18
Bids submitted prior to the Bid Deadline may be withdrawn upon
written request of the Applicant provided such request is
received by the Department not less than twenty-four (24) hours
prior to the Bid Deadline.
RFP: The Lafayette Building
19 | SELECTION PROCESS AND AWARD
VIII.SELECTION PROCESS AND AWARD
A.Completeness Review
City will review all submittals to determine whether they are complete
and responsive to this RFP. Only submittals that are complete,
responsive and meet all requirements of this RFP will be evaluated
during the selection process. The City will deem a submittal non-
responsive and ineligible for consideration for any of the following
reasons:
1.The submittal does not include all information specified in
Section VII of this RFP.
2.The submittal is not responsive to the City’s development
objectives and key terms (Sections IV and V).
3.The submittal is submitted after the deadline or incomplete.
4.The submittal includes information that is false or misleading.
The City will send a letter to any Applicant whose submittal is
deemed non-responsive and will indicate the reason(s) that the
submittal is deemed non-responsive.
B.Evaluation and Recommendation
Complete and responsive submittals from qualified Applicants will
be reviewed in detail by staff. If warranted, the City reserves the
right to request clarification or additional information from individual
Applicants.
An accepted bid will be publicly recommended at a meeting of the
South Bend Redevelopment Commission, to be held at 9:30 a.m.
(EDT), March 9th, 2023, in Room 1308, County-City Building, 227
West Jefferson Boulevard, South Bend, IN 46601. The
recommended Bidder will be invited to attend this meeting, to
present their vision of the project and answer questions the
Commission may have.
The requirements Indiana Code § 36-7-14-122 concerning the
public sale of property shall apply to the Bid Process in addition to
any and all other applicable laws governing the disposition of
property by a public entity.
RFP: The Lafayette Building
20 | SELECTION PROCESS AND AWARD
C.General Disclaimers
•This Request for Proposals does not commit the Department or
the Commission to awards a contract or pay costs incurred in
preparation of a proposal responding to this request.
•The Department/Commission reserves the right to reject any/all
proposals received as a result of this request or to cancel in its
entirety the RFP process, if deemed in the best interests of the
City to do so.
•The successful Applicant shall comply with City of South Bend
ordinances and all other federal, state, and local laws and
regulations.
•The Department may modify this RFP by issuance of a written
Addendum by posting on the RFP webpage.
•The Department reserves the right to reject all proposals from
Applicants with delinquent taxes, assessments, penalties,
interest, or utility fees either with the City of South Bend or St.
Joseph County, IN.
RFP: The Lafayette Building
21 SELECTION PROCESS AND AWARD
IX.ATTACHMENTS AND ELECTRONIC LINKS
A.ATTACHMENTS
1.Proposal Documents
2.Bid checklist
3.Floor Plans
4.Downtown Zoning District Standards
5.Historic Preservation Group B Standards
B.ELECTRONIC LINKS
1.River West Development Area Plan:
southbendin.gov/wp-content/
uploads/2018/07/River-West-
Development-Plan.pdf
2.Bid Website: southbendin.gov/board/
redevelopment-commission/request-
for-proposals-rfps/
1. Proposal Documents
RFP: The Lafayette Building
BID SUBMISSION
Application To: Department of Community Investment
14th Floor, County-City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(Note: “Applicant,” as used in these Proposal Documents and Forms, shall include the actual legal entity submitting and executing the Proposal Documents and Forms.)
The undersigned Applicant certifies that it has familiarized itself with the present and existing conditions of the Property incorporated herein. Applicant further certifies that it has familiarized itself with the Proposal Documents and Forms.
By this letter of Application to the Department, Applicant hereby offers and proposes to purchase the Property being offered by the Department. Applicant further certifies its intent to participate in the development of the Property in accordance with Federal, State and Local ordinances and regulations governing same, and in accordance with the Development Plan for the area as approved and amended from time-to-time by the Commission.
Applicant’s Bid offering to purchase the Property is described as follows:
Dollars
Purchase Price
Applicant has submitted the following documentation in its Bid and understands that such
documentation will be considered by the Department in the Department’s determination whether
to award any bid. Applicant hereby certifies that:
1.Applicant has submitted a Narrative Description of the proposed development forthe Property described, explaining the exact nature and character of the improvementsproposed for the Property and their use, together with maps and plans sufficiently completeto indicate the general improvements to be made on the Property. (Maps and plans must be of
sufficient scale to indicate clearly the location of the structures and other proposed improvements and should provide information on building elevations and materials.)
2.Applicant has reviewed and completed the Proposal Documents and Formsprovided by the Department which include: (i) a Statement of the Qualifications andFinancial Responsibility; (ii) a Statement for Public Disclosure, and (iii) a sworn Affidavitof Non-Collusion.
Applicant understands and acknowledges that the submission of a completed Application by Applicant shall constitute express authorization by Applicant to the Department to obtain, solicit, receive and/or utilize information that the Department, in its sole discretion, deems pertinent to Applicant’s submission, including information from any persons or entities identified by Applicant or from persons or entities having knowledge of the Applicant’s experience, abilities, past performance, integrity or financial status, or knowledge related to any other item referenced in the Proposal Documents and Forms.
1
Applicant, by submission of a completed Application also acknowledges that any information provided to or obtained by the Department, whether related to financial matters or otherwise, may be subject to disclosure under the State of Indiana’s Access to Public Records Act (IC 5-14-3-1 et seq.) provided, however, that if the Applicant indicates that certain financial or other documentation is submitted in confidence, by specifically and clearly marking and identifying said documentation as CONFIDENTIAL, the Department will endeavor to keep said documentation confidential to the extent permitted by law.
Applicant further agrees to execute a contract for the purchase of property for development in the form prepared by the Department within ninety (90) days after notification of acceptance of this offer and to develop and use the above identified Property in conformity with the Federal, State and Local ordinances and regulations governing same; applicable Development Plan; the Narrative Description and maps and plans as submitted by Applicant, with amendments, if any, as approved by the C ommission.
Applicant understands and acknowledges that the Department and Commission expressly reserves the right to reject any and all Bids and to waive any informalities, irregularities or technical defects if such are deemed, in the Department or Commission’s sole opinion, to be immaterial.
Dated
Respectfully submitted,
Name of Individual or Corporation
By:
Signature
Name (type)
Title
ATTEST: (BY SECRETARY OF A CORPORATION) Address:
By:
Signature
Name (type)
Title
Address:
2
3
Statement of Qualifications and
Financial Responsibility
Applicant:
Address:
E-Mail Address:
Federal I.D. or Social Security #:
Type of Organization:
□Corporation □Proprietorship □Joint Venture □Partnership
□Other:
Person(s) Authorized to Sign Quotes, Bids and/or Contracts on behalf of Applicant:
NAME OFFICIAL CAPACITY TELEPHONE/FAX NUMBER
1.Is Applicant a subsidiary of or affiliated with any other corporation or corporations or anyother firm or firms?
□Yes
□No
If yes, list each corporation or firm by name and address, specify its relationship to Applicant, and identify the officers and directors or trustees common to Applicant and such other corporation or firm:
The financial condition of Applicant, as of , , is as
4
reflected in Exhibit “E”, Current Financial Statement.
Name and address of auditor or public accountant, if applicable, who performed the audit on which said financial statement is based:
2.Names and addresses of bank references:
3.Has Applicant or the parent corporation, or any subsidiary or affiliated corporation of theApplicant (if any), or said parent corporation, or any of the Applicant’s officers or principalmembers, shareholders or investors, or other interested parties (as listed in items 5, 6, and 7 of theStatement for Public Disclosure and referred to herein as Principals of the Applicant) beenadjudged bankrupt, either voluntary or involuntary, within the past 10 years?
□Yes
□No
If yes, give date, place and under what name:
4.Has Applicant or anyone referred to as Principals of the Applicant, as defined in Question3, above, been indicted, charged and/or convicted of any felony within the past 10 years?
□Yes
□No
If yes, give for each case (1) date, (2) charge, (3) place, (4) Court, (5) action taken. Attach any explanation deemed necessary.
5.Has Applicant, or anyone referred to as Principals of the Applicant, as defined in Question3, above, been convicted of, or entered any plea of guilty, or nolo contendere, or otherwise havebeen found civilly liable for any criminal offense or civil action involving embezzlement, forgery,bribery, conspiracy or any other offense arising out of the submission of bids or proposals onpublic works projects or contracts?
□Yes
□No
5
If yes, give for each case (1) date, (2) charge, (3) place, (4) Court, (5) action taken. Attach any explanation deemed necessary.
6.The following statements and other evidence of the Applicant’s qualifications and financialresponsibilities (other than the financial statement referred to above) are attached heretoand hereby made part of Applicant’s Bid:
7.Does any member of the South Bend Redevelopment Commission or any officer or
employee of the City of South Bend Department of Redevelopment have any direct or
indirect personal interest in the Applicant or the development of the land as proposed?
If yes, explain:
8.Does any member of the governing body of the City of South Bend or any public official
or employee of the City of South Bend have any direct or indirect personal interest in the
Applicant or the development of the land as proposed?If yes, explain:
Certification
I (We), Certify that this Statement of Qualifications and Financial Responsibility and the attached evidence of the Applicant’s qualifications and financial responsibility, including financial statements, are true and correct to the best of my (our) knowledge and belief.
Name Name
Signature Signature
Title Title
Date Date
(If the Applicant is an individual, this statement should be signed by such individual; if a partnership, by one of the
partners; if a corporation or other entity, by one of its chief officers having knowledge of the facts required by this
statement.)
6
Certification
I (We), Certify that this Statement for Public Disclosure is true and correct to the best of my (our) knowledge and belief.
Name Name
Signature Signature
Title Title
Date Date
(If the Applicant is an individual, this statement should be signed by such individual; if a partnership, it should be signed by one
of the partners; if a corporation or other entity, it should be signed by one of its chief officers having knowledge of the facts required
by this statement.)
7
Affidavit of Non-Collusion
State of
County of
) ) SS:
)
The undersigned, being first fully sworn, deposes and says that:
He/she is: owner, partner, officer, representative, agent, of
(Applicant);
He/she is fully informed respecting the preparation and contents of the attached offer and of all pertinent circumstances respecting such offer;
Such offer is genuine and not a collusive or sham offer;
Neither said Applicant nor any of its officers, partners, owner’s agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed directly or indirectly, with any other Applicant, firm or person to submit a collusive or sham offer in connection with the Contract for which the attached offer has been submitted or to refrain from making an offer in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Applicant, firm or person to fix the price or prices in the attached offer, or of any other Applicant, or to fix any overhead, profit, or cost element of the offering price of any other Applicant, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of South Bend and/or its Department of Community Investment and/or the South Bend Redevelopment Commission person interested in the proposed Contact; and
The price or prices quoted in the attached offer are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Applicant or any of its agents, representatives, owners, employees or parties in interest, including this affiant.
Affiant
Signature
Title
Before me, the undersigned, a Notary Public, subscribed and swore to this
Affidavit of Non-Collusion on this day of , .
(Seal)
A resident of County, .
Notary Public
2. Bid Checklist
The Lafayette Building RFP Bid Checklist
___ Bid Submission with Minimum Bid of $392,100.00 for both parcels
___ Cover Letter
___ Statement of Qualifications and Financial Responsibility
___ Affidavit of Non-Collusion
___ Statement of Sources and Uses
___ Narrative Description
3. Floor Plans
Ln
Ln
105'-5"
0 4' 8' 16'
BASEMENT - EXISTING FLOOR PLAN
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
PORTAGE TOWNSHIP
ST. JOSEPH COUNTY
BASEMENT
FLOOR PLAN
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
Ln
Ln
0 4' 8' 16'
1ST FLOOR - EXISTING FLOOR PLAN in I
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
PORTAGE TOWNSHIP
ST. JOSEPH COUNTY
1ST
FLOOR PLAN
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
Up i
co
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
PORTAGE TOWNSHIP
ST. JOSEPH COUNTY
1ST
FLOOR PLAN
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
Ln
Ln
105'-5"
0 4' 8' 16'
2ND FLOOR - EXISTING FLOOR PLAN in I
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
PORTAGE TOWNSHIP
ST. JOSEPH COUNTY
2ND
FLOOR PLAN
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
Ln
Ln
105'-5"
0 4' 8' 16'
3RD FLOOR - EXISTING FLOOR PLAN in I
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
PORTAGE TOWNSHIP
ST. JOSEPH COUNTY
3RD
FLOOR PLAN
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
Ln
Ln
105'-5"
0 4' 8' 16'
4TH FLOOR - EXISTING FLOOR PLAN in I
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
PORTAGE TOWNSHIP
ST. JOSEPH COUNTY
4TH
FLOOR PLAN
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
105'-5"
99'-1"
0 4' 8' 16'
5TH FLOOR - EXISTING FLOOR PLAN in I
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
i
in
Ln
1 r1-7' A"
0 4' 8' 16'
ROOF - EXISTING ROOF PLAN in 1
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
EXISTING PENTHOUSE
AND ENTRY TO ROOF
EXISTING CHIMNEY
HATCH TO ELEVATOR MECH
EXTENTS OF EAST PARAPET
FIRE ESCAPE
EXISTING STAIR TO
FIRE ESCAPE
EXTENTS OF
EXTERIOR MASONRY
EXISTING SKYLIGHTS
MECHANICAL BOX
111 L
IFIF]
L I n
i
101'-0"
0 4' 8' 16'
ROOF - EXISTING ROOF PLAN in 1
1
K I L
ARCHITECTURE
P L A N N I N G
1126 LINCOLNWAY EAST
SOUTH BEND, IN
4 6 6 0 1
GREGORY A. KIL
NCARB AIA
ARCHITECT
574.288.2654
F A X 2 8 9. 2 4 2 0
www.kilarchitecture.com
EXISTING CONDITIONS
DOCUMENTATION
LAFAYETTE
BUILDING
115 S LAFAYETTE BLVD
SOUTH BEND, IN, 46601
DATE: SEPT 07, 2016
EXISTING CONDITIONS
REVISED:
COPYRIGHT 2016
KIL ARCHITECTURE/PLANNING
4. Downtown Zoning
District Standards
STANDARD DISTRICTS
DT Downtown
21-03.08
SOUTH BEND ZONING ORDINANCE 3-45
Section 21-03.0 8: DT Downtown
(a) Intent
The DT District is established to promote the
development of the downtown region of the City of
(b) Building types
The following building types are permitted in the DT
District:
South Bend as a high intensity urban center for a multi-
county region.
The following are typical characteristics of the DT District:
Townhouse
Apartment House
Stacked Flats
Shop
Mid-Rise/Tower
•A mixture of mid-rise and high rise mixed-use
developments, including a variety of compatible
building types and urban uses
•Buildings with active building frontages set at or
close to the sidewalk
•Pedestrian-oriented scale with wide sidewalks,
regularly spaced street trees, and amenities that
create a walkable environment
The names of the building types are not intended to
limit or expand uses allowed within the building. See
Section 21-08.02 for building type descriptions and
regulations.
21-03.08 STANDARD DISTRICTS
DT Downtown
3-46 September 27, 2021
Residential
Assembly, Neighborhood 21-06.01(f )(1)
College/University 21-06.01(f)(4)
Library/Museum/Cultural Facility 21-06.01(f )(7)
Police/Fire Facilities 21-06.01(f )(9)
School, Pre-K/Primary/Secondary 21-06.01(f )(11)
Religious Institutions 21-06.01(f)(10)
Parks & Open Space 21-06.01(f)(8)
Hospital 21-06.01(f)(6)
Assembly, General 21-06.01(f)(2)
Hotel 21-06.01(h)(2)
21-06.01(h)(1)Bed & Breakfast
Office
Agricultural
Use Definition
& Standards (c)Principal Uses
Retail & Service
Use Definition
& Standards (c)Principal Uses (continued)
Uses
Community Garden 21-06.01(e)(2)
Entertainment/Recreation Facility,
Outdoor
21-06.01(k)(9)
Professional Offices 21-06.01(i)(1)
See Section 21-06.02 for accessory use standards.
Key Allowed Allowed subject to Conditions Special Exception Use Specific Standards
Gas Station 21-06.01(k)(11)
Personal Care & Services 21-06.01(k)(13)
Restaurant 21-06.01(k)(15)
Self-Storage Facility 21-06.01(k)(18)
Retail & Service, General 21-06.01(k)(16)
Private Club/Lodge 21-06.01(k)(14)
Medical/Dental Clinic 21-06.01(k)(12)
Funeral Services 21-06.01(k)(10)
Industrial, Artisan 21-06.01(g)(1)
Lodging
21-06.01(g)(4)Research/Laboratory Facility
Industrial, Manufacturing, & Processing
Civic & Institutional
Solar Farm 21-06.01(m)(1)
Utilities, Minor 21-06.01(m)(3)
Utilities
Wireless Communications 21-06.01(m)(4)
Utilities, Major 21-06.01(m)(2)
Entertainment/Recreation Facility,
Indoor
21-06.01(k)(8)
Bar/Tavern 21-06.01(k)(3)
Commercial School 21-06.01(k)(5)
Drive-Through Facility 21-06.01(k)(7)
21-06.01(k)(2)Animal Care Establishment
Day Care Center 21-06.01(k)(6)
Beer/Wine/Liquor Sales 21-06.01(k)(4)
Dwelling, Ancillary 21-06.01(j)(1)
Dwelling, 2 Units 21-06.01(j)(3)
Dwelling, 1 Unit 21-06.01(j)(2)
Dwelling, Multi-Unit 21-06.01(j)(5)
Group Residence 21-06.01(j)(6)
Residential Care Facility 21-06.01(j)(8)
Shared Housing 21-06.01(j)(9)
Group Residence, State Regulated 21-06.01(j)(7)
Tobacco/Hookah/Vaping 21-06.01(k)(20)
Vehicle Service, Major 21-06.01(k)(22)
21-06.01(k)(23) Vehicle Service, Minor
Vehicle Sales or Rental 21-06.01(k)(21)
Tattoo/Piercing Parlor 21-06.01(k)(19)
Heliport
Parking Lot
21-06.01(l)(3)
21-06.01(l)(4)
Transit Station 21-06.01(l)(6)
Transportation
Passenger Terminal 21-06.01(l)(5)
STANDARD DISTRICTS
DT Downtown
21-03.08
SOUTH BEND ZONING ORDINANCE 3-47
(d)Building Placement
Lot Size
Lot Width 20' min. A
Lot Depth 60' min. B
Building Setbacks Front
C
Corner
D
Side 1
E
Rear 2
F
All Uses (min.)
All Uses (max.)
0'
10'
0'
10'
0'
-
0'
-
St. Joseph River/East Race 15' min.
Facade within Setback Zone
Front (min.) 3 85%
Corner (min.) 50%
Building Coverage
Building Coverage 100% max.
1 If side or rear setback is provided, it shall be a min. of 5'.
2 Primary buildings on a lot without a rear alley shall have a
minimum rear setback of 20' when adjacent to a lot with
a ground floor residential use that is not in a DT district.
3 A forecourt per Section 21-08.03(f ) may be exempt
from this requirement with approval by the Zoning
Administrator.
(e)Access & Parking
Pedestrian Access
A walkway shall connect the sidewalk to the main entrance.
Bicycle Access
See Section 21-07.0 2 for Bicycle Parking requirements.
Parking Access
If access is available from an alley which is open to traffic,
there shall be no access allowed from the street.
If allowed, a maximum of one street curb cut is permitted
per street frontage.
Parking Lot Location (Distance from Lot Line)
Front & Corner Setback (min.) 5' behind facade,
or 10' if no building
G
Side & Rear Setback 0' H
Required Spaces
Off-street parking areas are not required for any use.
Any off-street parking areas provided, even though not
required, shall be developed in compliance with the
standards set forth in Section 21-07.03.
See Section 21-07 for full access and parking requirements.
F
E
D
C B
A
Buildable Area of
Primary Building
H
H
G
Pedestrian
access to main
entrance
Parking Allowed
G
Building Placement Access & Parking
Minimum Setback Line
Maximum Setback Line Minimum Parking Lot Setback
21-03.08 STANDARD DISTRICTS
DT Downtown
3-48 September 27, 2021
(f)Building Form
Building Height
Primary Building (max.)
West of the St. Joseph River 150' and 12 stories
Between St. Joseph River and
East Race Waterway
150' and 12 stories I
East of the East Race Waterway 60' and 5 stories
Primary Front Facade (min.) 16' J
Accessory Building (max.) 26'
Building Orientation
Primary facades shall be oriented to a front lot line or open
space.
(g)Building Components
Allowed Building Frontage Types
Porch 21-08.03(c)
Stoop 21-08.03(d)
Gallery 21-08.03(e)
Forecourt 21-08.03(f)
Storefront 21-08.03(g)
Terrace 21-08.03(h)
Building Entrance
Distance between Entries 100' max.K
Main entrances shall be prominently located and visible
from the primary street or open space.
Allowed Encroachments
Building components may extend into a right-of-way with
approval by the Board of Public Works.
See Section 21-08.01(g) for building component definitions
and additional requirements.
J
I
K
Encroachment of
canopy into R.O.W.
Building Form Building Components
Key Allowed Not Allowed
STANDARD DISTRICTS
DT Downtown
21-03.08
SOUTH BEND ZONING ORDINANCE 3-49
(h)Building Standards
Facade Transparency (min.)
Ground Floor - Front & Corner Facade
Non-Residential 60%
Residential 25%
Upper Floor - Front & Corner Facade 15%
Facade Articulation
Any building greater than 50' wide shall provide vertical
articulation into segments no greater than 32' in width and
horizontal articulation (base, belt courses, cornice, etc.) to
distinguish the ground floor from upper stories.
Building Materials
A minimum of 66% of each front or corner facade shall be
constructed of high quality, durable, natural materials, such
as stone or brick; wood lap siding; lapped, shingled, or panel
fiber cement board siding; and glass. High quality synthetic
materials may be approved by the Zoning Administrator.
Each front or corner facade shall include at least two
architectural elements (e.g., quoins, pilasters, soldier
courses, lintels, friezes, cornices, dentils, architraves, etc.).
See Section 21-08.01(e) for all building material standards.
See Section 21-08 for full building standa rds.
(i)Site Development
Accessory Structures/Uses
Accessory Structures 21-06.02(f)(1)
Mechanical/HVAC 21-06.02(f)(14)
Satellite Dish Antennas 21-06.02(f)(22)
Trash/Recycling Container 21-06.02(f)(27)
Allowed Location in Established Yards
Accessory structures shall not be located in any
established front or corner yard and shall comply with all
required setbacks.
Mechanical equipment and HVAC shall be allowed in front
or corner yard if screened per Section 21-06.02(f)(14).
See Section 21-06.02 for full accessory use regulations.
Fence/Freestanding Walls Front Corner Side Rear
Height (max.) 3' 3' 8' 8'
A fence up to 4' is allowed in an established front or
corner yard if fence is greater than 50% open.
See Section 21-09 for full site development requirements.
Building Standards Site Development
Accessory Structures Allowed
21-03.08 STANDARD DISTRICTS
DT Downtown
3-50 September 27, 2021
See Section 21-10 for full sign requirements including
changeable copy signs, temporary signs, exempt signs,
off-premise, and use-specific signs.
Non-Residential Use
Residential: 5+ dwelling units
L
M
M
Residential: 4 or fewer dwellings
Total Signs Allowed
(k)Signs
Landscape Signs
Street Trees Allowed
Building Sign 1 per street frontage;
up to 2 square feet
and 4 feet in height
Building Sign Up to 10% of the total area
of the building facade
Building Sign Up to 10% of the total area
of the building facade M
(j)Landscape 2
Streetscape Trees Required
Shade Tree 1 1 tree min. per each full
30' of street frontage L
Location 2 Tree lawn or tree grates
along curb line
Spacing Evenly spaced to extent possible
Buffer Landscape Required 3
Adjacent to S1, S2,
U1, or U2
Type 3 buffer if no street or
alley present
Parking Lot Screening (of 4 or more spaces)
Parking that is visible from a street/open space, other than
an alley, shall be screened by a Type 1 buffer.
Parking that is visible from a side/rear lot line abutting a S1,
U1, or U2 district shall be screened by a Type 1 or 2 buffer.
Buffers shall comply with Section 21-09.01(n).
See Section 21-09.01 for full landscape requirements.
1 An existing tree of at least 2" caliper may fulfill this
requirement.
2 If a tree cannot be placed in a tree lawn, an alternate
location may be approved by the Zoning Administrator.
3 Residential buildings with 4 or fewer units are exempt
from buffer landscape requirements.
5. Historic Preservation
Group B Standards
Historic Preservation Commission
of South Bend and Saint Joseph County
A Guidebook For
INTRODUCTION
Preservation Standards for local historic landmarks are used by the Historic Preservation
Commission whenever exterior changes are proposed for officially designated structures.
Review is required when proposed plans for building and development indicate the
architectural character of the landmark will be changed, i.e., review is required for any
project that affects the exterior of the building, site, outbuildings, grounds and
landscaping. These standards are an extension of the present Ordinance #5567-73 and
#54A-973 already adopted to implement a comprehensive program of historic
preservation.
The present historic preservation ordinances empower the Commission to issue or deny a
Certificate of Appropriateness prior to the construction, reconstruction, alteration,
demolition, or moving of any landmark. The ordinance also gives the Commission the
power to establish reasonable and just standards for the preservation of historic
landmarks, including architectural treatment, site development and maintenance
provisions, providing that the standards are in keeping with the intent of the ordinance
and that the standards apply only to the exterior features of the historic landmark. These
standards guide the commission in their review of Certificates of Appropriateness.
The two major conditions under which change will occur are maintenance or
improvement and the demolition of an existing landmark.
The Historic Preservation Commission has established two levels of preservation
standards—Group A and Group B. Group A standards are the more comprehensive of
the two and require that the original character of the building be maintained or restored.
Group B (your Standards) require that the building be maintained as is and, if possible,
returned to the original. One of these levels will be selected at the time of designation.
Both require a Certificate of Appropriateness before the construction, reconstruction,
alteration, demolition, or moving of any landmark structure or site.
The property owner is responsible for furnishing the Commission with a complete
description of the proposed changes. This information may be plans, elevations,
specifications, photographs, or other means to accurately describe the project. When an
application is being reviewed, it will be the responsibility of the applicant to demonstrate
that the new work is compatible.
DEFINITIONS
Shall—Defined as an expression of something that is mandatory or must be done.
Should—Defined as an expression of obligation, something that ought to be done but that
is open to compromise.
Required—Defined as work which shall be done in a restoration or rehabilitation project
in order to restore or maintain the original or existing character of the structure or site.
Recommended—Defined as work which should be done to help restore or maintain the
original or existing character of the structure or site.
Prohibited—Defined as work which shall not be permitted in a restoration or
rehabilitation project because it may have a negative impact on the original or existing
character of the structure or site.
GROUP B STANDARDS
The Commission has the authority to determine the architectural merits and the extent of
any proposed treatment, renovation, or addition to a historic landmark. The commission
will require drawings, plans, specifications, and/or samples where appropriate.
A.Maintenance
The maintenance of any historical structure or site shall in no way involve any direct
physical change except for the general cleaning and upkeep of the landmark. The
Commission shall encourage the proper maintenance of all structure or sites (appendix A:
Minimum Maintenance Standards).
B.Treatment
Treatment shall be defined as any change of surface materials that will not alter the style
or original form. Such improvements include re-roofing, glazing, or landscaping lawns
and may involve a change that can potentially enhance or detract from the character of
the landmark. A treatment change of any surface whether on the landmark or in its
environment may require a Certificate of Appropriateness if it significantly alters the
appearance of the landmark. Although these kinds of changes may not require a Building
Permit, a Certificate of Appropriateness may be necessary. The commission should
review the proposed treatment for character and style consistency with the original
surfaces.
C. Renovation and Additions
Renovation is the modification of a structure, which does not alter the general massing
while an addition, is a change in mass. A modification, which involves the removal of a
part of the landmark, should be considered under demolition (see demolition).
Additions to landmarks should not detract from the original form and unity of the
landmark and should not cover singular examples of architectural detail. Additions to
landmarks should be added in a manner that does not disrupt the visible unity of overall
appearance of the site. The proportions, materials and ratios of the existing structures
should be carried through in the additions. Care should be taken not to change or alter
the following:
1.Structure—–Necessary structural improvements, where safety demands should
be accomplished in such a way as to cause minimal visual change to the original style and
construction.
2.Material—Additions and improvements involving any new material in the
landmark should be of the same material as the original. It should be the same size and
texture. An alternative material may be allowed if it duplicates the original.
a. wood—all wood trim should conform with existing trim in shape and size.
b. siding materials—the Commission discourages the covering or alteration of
original materials with additional siding. Structures already sided with
incompatible materials should be returned to a siding similar to the original when
renovation is considered.
D.Demolition
Historic landmarks shall not be demolished. When a landmark poses a threat to the
public safety, and demolition is the only alternative, documentation by way of
photographs, measured drawings, or other descriptive methods should be made of both
the exterior and interior of the landmark. The person or agency responsible for
demolition of the landmark shall be responsible for this documentation.
E.Moving
The moving of landmarks is discouraged, however, moving is preferred to demolition.
When moving is necessary, the owner of the landmark must apply to the Commission for
a Certificate of Appropriateness.
F.Signs
No neon or flashing signs will be permitted unless they are original to the structure.
Billboards and super-graphics will also be disallowed. Only one appropriate identifying
sign will be permitted per business.
G.Building Site and Landscaping
(These standards apply to both A and B)
1.Required
Major landscaping items, trees, fencing, walkways, private yard lights, signs (house
numbers) and benches which reflect the property’s history and development shall be
retained. Dominant land contours shall be retained. Structures such as: gazebos, patio
decks, fixed barbecue pits, swimming pools, tennis courts, green houses, new walls,
fountains, fixed garden furniture, trellises, and other similar structures shall be
compatible to the historic character of the site and neighborhood and inconspicuous when
viewed from a public way.
2.Recommended
New site work should be based upon actual knowledge of the past appearance of the
property found in photographs, drawings, and newspapers. Plant materials and trees in
close proximity to the building that are causing deterioration to the buildings historic
fabric should be removed. However, trees and plant materials that must be removed
should be immediately replaced by suitable flora. Front yard areas should not be fenced
except in cases where historic documentation would indicate such fencing appropriate.
Fencing should be in character with the buildings style, materials, and scale.
3. Prohibited
No changes may be made to the appearance of the site by removing major landscaping
items, trees, fencing, walkways, outbuildings, and other elements before evaluating their
importance to the property’s history and development. Front yard areas shall not be
transformed into parking lots nor paved nor blacktopped. The installation of unsightly
devices such as TV reception dishes and solar collectors shall not be permitted in areas
where they can be viewed from public thoroughfares.
Appendix A:
Minimum Maintenance Standards
All landmarks and all contributing structures located in an historic district shall be
preserved from decay and deterioration, and shall be maintained in good repair and kept
structurally sound. The owner or other person having charge or control of landmarks and
property in an historic district shall not allow or permit deterioration of such property
from defects or conditions which in the judgment of the Commission produce a
detrimental effect on the character of the district as a whole or the life and character of
the landmark, structure or property in question, including but not limited to:
a.Deterioration of exterior walls or other vertical supports causing conditions such
as splitting, leaning, buckling, crumbling, visible cracking or similar conditions;
b. Deterioration of roofs or other horizontal members causing conditions such as
sagging, splitting, buckling, crumbling, holes, missing shingles or similar
conditions;
c.Deterioration of external chimneys causing such conditions as listing, settling,
bulging, crumbling, holes, loose or missing materials or similar conditions;
d. The deterioration or crumbling of exterior plasters or mortar;
e.The ineffective waterproofing of exterior walls, roof and foundations, including
broken windows or doors;
f.The peeling of paint, rotting, holes and other forms of decay;
g.The lack of maintenance of surrounding environments such as fences, gates,
sidewalks, steps, signs, accessory structures and landscaping;
h. The deterioration of any feature so as to create or permit the creation of any
hazardous or unsafe condition or conditions.
The Commission shall give notice by certified or registered mail of each specific instance
of failure to maintain or repair. The owner or person in charge of such structure shall
have twenty (20) days to respond in writing by identifying specifically the corrective and
remedial steps to be taken. A certificate of appropriates shall not be required for such
repair unless such repair results in a conspicuous change in the design, form, proportion,
mass, configuration, building material, texture, color, location. Or external visual
appearance of any structure or part thereof. In the latter circumstance, a certificate of
appropriateness shall be required.
Redevelopment Commission Agenda Item
DATE:
FROM:
SUBJECT:
9/16/22
Joseph Molnar
Approval of Bid Specifications and Design Considerations for The Lafayette Building & 117/119 Lafayette Blvd.
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: Approval of Bid Specifications and Design Considerations for the Lafayette
Building
Specifics: Attached are the Bid Specifications and Design Considerations for the disposition of
115 Lafayette Blvd., and 117/119 Lafayette Blvd.
The Bid Specifications outline the development requirements that will be considered for this
site. Staff requests approval.
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget: _______________; Break down:
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? ____ Existing PO#__________ Inc/Dec $_____________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM: 5A2
Bid Specifications & Design Considerations
Sale of Redevelopment Owned Property
Lafayette Building
115 S. Lafayette Blvd &
117/119 S. Lafayette Blvd.
River West Development Area
1.All of the provisions of I.C. 36-7-14-22 will apply to the bidding process.
2.The degree to which the Applicant’s Bid meets the objectives of the River West
Development Area Plan and meets or exceeds the criteria outlined in the Lafayette
Building Request for Proporsal.
3.The size and character of the improvements proposed by to be made by the Applicant.
4.Applicant’s plans and ability to improve the Property with reasonable promptness and
Applicant’s proposed timetable for commencing and completing the Project.
5.The financial responsibility, qualifications, experience and ability of the Applicant to
finance and complete the development as proposed.
6.The total Purchase Price offered by Applicant.
7.The immediate and long-term potential impact on employment and residential
population in the area anticipated to result from development of the Property.
8.Any other factors which will assure the Department that the sale of the Property, if
made, will further the execution of the River West Development Area Plan and will best
serve in the interest of the community, both from the standpoint of human and
economic welfare and public funds expended.
Redevelopment Commission Agenda Item
DATE:
FROM:
SUBJECT:
9/16/22
Joseph Molnar
Request to AdvertiseLafayette Building & Parking Lot
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: Approval of dates to advertise the sale of the Lafayette Building and Parking
Lot
Specifics: Attached is the Notice of Intended Disposition of Property (Notice) for the
Lafayette Building and the parking lot at 117/119 Lafayette Blvd.
The notice will be advertised in the South Bend Tribune on October 1 and October 8, 2022.
Staff requests approval of this Notice and the Request to Advertise, for the eventual
disposition of these properties.
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget: _______________; Break down:
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? ____ Existing PO#__________ Inc/Dec $_____________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM: 5A3
Notice of Intended Disposition of Property
RIVER WEST DEVELOPMENT AREA
115 & 117/119 S. Lafayette Blvd.
South Bend, Indiana 46601
Notice is hereby given that the Redevelopment Commission of the City of South Bend, Indiana, will receive sealed offers for
the purchase of certain properties situated in the River West Development Area until 9:00 a.m. (local time) on the 26th day of
January, 2023 in the Office of the Department of Redevelopment, 1400 S. County-City Building, 227 West Jefferson Boulevard,
South Bend, Indiana, 46601 or by electric copy in a single PDF document sent to RDCRFP@southbendin.gov. All offers will
be publicly opened and read aloud at 9:30 a.m. (local time) on the 26th day of January, 2023 at the Regular Meeting of the
Redevelopment Commission to be held that date and time in Room 1308 County-City Building, 227 West Jefferson Boulevard,
South Bend, IN 46601, or in the event of cancellation or rescheduling, at the Redevelopment Commission’s subsequent regular
meeting or rescheduled regular meeting held at a time and place given by public notice. All offers will be referred to
Redevelopment Commission staff for review and recommendation. Bid proposals for the purchase of the property offered will
be considered. An accepted bid will be publicly recommended at a meeting of the South Bend Redevelopment Commission,
to be held at 9:30am (EDT), March 9th, 2023, in room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend,
IN 46601.
The properties being offered are located at 115 & 117/119 Lafayette Blvd., in the River West Development Area, South Bend,
Indiana. Any proposal submitted must be for the site as noted on the Request for Proposal. The required re-use of the property
is for projects that are permitted within the DT Downtown zoning designation. Strong emphasis will be placed during the
review process on compatibility with and support of the River West Development Area, the surrounding businesses and
neighborhood, and the property’s local historic designation.
A Request for Proposal containing bid forms, the evaluation criteria and other pertinent information may be picked up at the
Department of Community Investment, 1400 S. County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601.
The Commission reserves the right to reject any and all bids, and to make the award to the highest and best bidder. In
determining the best bid, the Commission will take into consideration the following:
1.The degree to which the Applicant’s Bid meets the objectives of the River West Development Area Plan and
meets or exceeds the criteria outlined in the Lafayette Building Request for Proposal.
2.The size and character of the improvements proposed by to be made by the Applicant.
3.Applicant’s plans and ability to improve the Property with reasonable promptness and Applicant’s proposed timetable
for commencing and completing the Project.
4.The financial responsibility, qualifications, experience and ability of the Applicant to finance and complete the
development as proposed.
5.The total Purchase Price offered by Applicant.
6.The immediate and long-term potential impact on employment and residential population in the area anticipated to
result from development of the Property.
7.Any other factors which will assure the Department that the sale of the Property, if made, will further the
execution of the River West Development Area Plan and will best serve in the interest of the community,
both from the standpoint of human and economic welfare and public funds expended.
The Commission further reserves the right to waive any formalities in bidding which are not mandatory requirements. In the
event that no Bid is recommended, the Redevelopment Commission may dispose of the Property at either public sale or by
private negotiation in accordance with Indiana Code §36-7-14-22.
A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:
(A)beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF COMMUNITY INVESTMENT
Joseph Molnar, Property Development Manager
Publish Dates: October 1 and October 8, 2022
1
TEMPORARY ACCESS AGREEMENT
This Temporary Access Agreement (this “Agreement”) is made and entered into as of
September 22, 2022, by and between the City of South Bend, Indiana, acting by and through its
Redevelopment Commission (collectively, the “City”), and Venus Parks and Arts, with its
principal office at 219 St. Louis Blvd., South Bend, IN 46617 (“VPA").
RECITALS
A.The City is the owner of certain real property, located at 112 S. Michigan St., South
Bend, IN 46601 (the "Property"), as more particularly described in attached Exhibit A (the
“Property”).
B.The Property is a public parking lot in Downtown South Bend.
C.VPA is hosting Best Week Ever 2022, a week-long collection of experiences across
South Bend celebrating creativity, culture, and progress as a community, from September 24, 2022
through October 2, 2022.
D.Events part of Best Week Ever will be happening in Downtown South Bend.
E. The City has agreed to grant VPA a right of access to the Property on the terms and
conditions stated in this Agreement.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1.Grant of Access to VPA. The City hereby grants to VPA an exclusive, temporary
access right to use portions of the Property for the purposes of staging and preparing for Best Week
Ever 2022, as well as vendor and staff parking (the “Work”). The parties agree that VPA will have
no right under this Agreement to install permanent improvements of any kind on the Property, or
to store or allow to be stored on a permanent basis any supplies, materials, goods, or personal
property of any kind on the Property without the prior written consent of the City. At all times
during the Work, VPA will use or cause to be used reasonable efforts to keep the Property in
substantially the same order and condition as of the Effective Date (as defined below).
2.Term and Termination. This Agreement shall commence effective September 28,
2022 (the "Effective Date") and shall terminate on October 2, 2022.
3. Compliance. VPA understands and agrees that it will, at its own expense, observe
and comply with, or cause to be observed and complied with, all applicable statutes, laws,
ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation
to the Work.
4.Ownership. The City represents and warrants that it is lawfully seized of the
Property, that it has full right and power to grant the access right, and that the Property is free from
all encumbrances, except any matters of record.
ITEM: 5A4
2
5.Hazardous Materials. VPA shall not cause or permit, knowingly or unknowingly,
any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted
upon the Property.
6.Governing Law and Jurisdiction. This Agreement shall be governed and construed
in accordance with the laws of the State of Indiana and any claims arising hereunder shall be
brought in the courts of St. Joseph County, Indiana.
7. 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.
[Signature pages follow.]
IN WITNESS WHEREOF, the parties have entered into this Temporary Access Agreement and
executed the same on the date set forth next to their signatures.
SOUTH BEND REDEVELOPMENT SOUTH BEND VENUES PARKS & ARTS
COMMISSION
___________________________________ By:
Marcia I. Jones, President
Printed:
Title:
Date: ______
ATTEST:
______________________________
Troy Warner, Secretary
Date: _________________________
EXHIBIT A
Description of Property
Tax ID No. 018-3091-347406
Parcel Key No. 71-08-12-154-012.000-026
Legal Description: Lot 2 Hall of Fame Second Minor
Commonly known as: 112 S Michigan Street
1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First
Amendment”) is made on September 22, 2022, by and between the South Bend Redevelopment
Commission, the governing body of the City of South Bend Department of Redevelopment (the
“Commission”), and Sibley Machine and Foundry Corporation (the “Developer”) (each a “Party,”
and collectively the “Parties”).
RECITALS
A. The Commission and the Developer entered into a Development Agreement dated
effective March 25, 2021 (the “Development Agreement”), pertaining to certain local public
improvements ("LPI") to renovate, rehabilitate, and activate the Developer Property, which is
located in the River West Development Area (the "Project").
B. As set forth in the Development Agreement, the Commission agreed to expend no
more than Two Hundred Fifty Thousand Dollars ($250,000.00) of tax increment finance revenues
to complete the LPI in support of Developer’s Project (the Funding Amount”).
C. In accordance with Section 5.2(c) of the Development Agreement, bids were
received for the LPI by the City of South Bend, Indiana Board of Public Works (the “Board”), as
the Commission’s agent, and the winning bidders were awarded contracts for various portions of
the LPI, including the winning bidder for the window replacement work (the "Window
Contractor").
D. In the course of performing the window replacement work, the Window Contractor
discovered that all of the steel window lintels on the south elevation of Sample Street were bowed
and in need of replacement.
E. The change order to complete the additional repair work (the “Change Order”)
exceeds the remaining Funding Amount by Two Thousand Two Hundred Forty Dollars
($2,240.00) (the “Overage Amount”).
F. To approve the Change Order, the Board requires an increase of the Funding
Amount by the Overage Amount (the “Funding Amount Increase”).
G. In consideration of the Commission’s willingness to approve the Funding Amount
Increase, and thereby permit the Board’s approval of the Change Order, the Developer agrees to
pay the Funding Amount Increase in the manner set forth in this First Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in the
Development Agreement and this First Amendment, the adequacy of which is hereby
acknowledged, the Parties agree as follows:
1. Section 1.2 shall be deleted in its entirety and replaced with the following:
1.2 Funding Amount. “Funding Amount” means an amount not to exceed Two
Hundred Fifty-Two Thousand Two Hundred Forty Dollars ($252,240.00) of tax increment
ITEM: 5A5
2
finance revenues to be used for paying the costs associated with the construction, equipping,
inspection, and delivery of the Local Public Improvements.
2. The Developer hereby expressly reaffirms its obligation under Section 5.2(d) of the
Development Agreement to pay all costs of completing the LPI, including any necessary change
orders to the LPI Contract, in excess of the Funding Amount, as such amount is hereby amended.
The Developer hereby acknowledges that the Developer or the Developer’s designee may inspect
the LPI upon completion and hereby expressly reaffirms its obligation under Section 5.2(d) of the
Development Agreement to pay all costs of inspecting the LPI.
3. Notwithstanding any provision to the contrary, the Commission’s obligations to
complete the LPI will be satisfied in full upon the completion of the LPI Contract, irrespective of
the final amount of the LPI Contract.
4. As an inducement for the Commission’s increase of the Funding Amount under this
First Amendment and as a further assurance to the Commission pursuant to Section 9.13 of the
Development Agreement, prior to the Board’s approval of the Change Order, the Developer shall
submit funds to the Commission through staff of the Department of Community Investment in the
amount of Two Thousand Two Hundred Forty Dollars ($2,240.00), which funds will be applied at
an appropriate time to the LPI Contract in accordance with the Board’s ordinary payment practices
and applicable laws.
5. The Developer hereby expressly reaffirms its obligations under the Development
Agreement, and, unless expressly modified by this First Amendment, the terms and provisions of
the Development Agreement remain in full force and effect.
6. Capitalized terms used in this First Amendment will have the meanings set forth in
the Development Agreement unless otherwise stated herein.
7. The recitals set forth above are hereby incorporated into the operative provisions of
this First Amendment.
8. This First Amendment will be governed and construed in accordance with the laws
of the State of Indiana.
9. This First Amendment 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.
Signature Page Follows
Redevelopment Commission Agenda Item
DATE: September 20, 2022
FROM: Chris Dressel
SUBJECT: Budget Request (Coal Line Multiuse Trail Construction)
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
Staff requests the Redevelopment Commission's approval of an additional $300,000 to be
budgeted for construction of the Coal Line Trail Phase II (between Riverside Drive and IN 933)
based upon bids that were recently received through INDOT.
This request should allow completion of construction of Phase II in 2023 with two concurrent
projects, one including the trail plus amenities and a second including the river bridge crossing.
Phase I project construction (Lincoln Way West to Riverside Drive) is complete and will be
closed out this fall.
If you should have any questions or need more information, please feel free to contact me at
either cdressel@southbendin.gov or 235-5847.
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget:; Break down:
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? ____ Existing PO#__________ Inc/Dec $_____________
ITEM: 5A6
Redevelopment Commission Agenda Item
DATE: 9/16/2022
FROM: Joseph Molnar, Property Development Manager
SUBJECT: Annual TIF Neutralization Analysis (Baker Tilly)
Funding Source (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
Purpose of Request:
This request is for Baker Tilly Municipal Advisors to provide professional services for the annual
TIF Neutralization worksheets required by state law. These worksheet calculations are done for
each TIF area and are used to adjust the base assessed value for natural growth in property
values.
For example, if the base assessed value of a TIF area was originally $1,000,000 and the area
had natural appreciation of 3%, or $30,000, this amount would become part of the increment
captured unless the base is adjusted.
After adjustment, this $30,000 would be added to the base, which would now be $1,030,000,
allowing other taxing jurisdictions to maintain their tax base by capturing the natural appreciation
of property. Increment captured by the TIF area should be a result of new development, not the
natural appreciation in property values that pre-existed the TIF.
Staff requests approval to complete the required annual TIF Neutralization worksheets.
INTERNAL USE ONLY: Project ID: ;
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: 5B1