HomeMy WebLinkAboutResolution No 04-2022 - Transfer of City Property to Building Corporation; Segment of Wall St. and Segment of Greenlawn Ave.INTER-OFFICE MEMORANDUM
Department of Law
City of South Bend 227 W Jefferson Blvd
TO:
FROM:
SUBJECT:
DATE:
Board of Public Works, Laura Hensley, Clara McDaniels
Jenna Throw, Assistant City Attorney
Resolution 04-2022 – Transfer of Property to Building Corporation
February 9, 2022
Members of the Board, Ms. Hensley, and Ms. McDaniels:
As you may know, the City is approaching closing on bonds to fund certain improvements at the
Potawatomi Zoo in South Bend, Indiana. The structure of these bonds calls for the Building
Corporation and the Redevelopment Commission to enter into a Lease for a defined set of
“Leased Premises,” and the rental payments under the Lease will be used to meet the Building
Corporation’s obligations to bondholders.
The South Bend Building Corporation is to be the Lessor for this transaction, so in order to lease
the property to the Redevelopment Commission, it will need to acquire the property. Because
the Board of Public Works is the holder of real property owned by the City, we request that the
Board adopt this Resolution to transfer the Leased Premises, defined as the segment of Wall
Street in South Bend, Indiana between Twyckenham Boulevard and Ironwood Drive and the
segment of Greenlawn Avenue between Wall Street and McKinley Highway to the South Bend
Building Corporation.
In order to accomplish that transfer, we specifically request that the Board authorize its
President to execute a Quitclaim Deed to convey the property to the South Bend Building
Corporation. We also request that the Board authorize Andrew Netter, of the City’s Department
of Community Investment, to deliver the Deed to be recorded in the Office of the Recorder of
St. Joseph County, Indiana and to execute any other document necessary to affect the Building
Corporation’s acceptance of the Leased Premises from the Board of Public Works.
RESOLUTION NO. 04-2022
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC
WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO THE SOUTH
BEND BUILDING CORPORATION
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board of
Public Works") exists pursuant to I.C. § 36-4-9-5, holds real property owned by the City of
South Bend, Indiana (the "City") pursuant to I.C. § 36-9-6-3, and is authorized to transfer such
property to another governmental entity pursuant to I.C. § 36-1-11-8; and
WHEREAS, the South Bend Building Corporation (the “Corporation”) was created
pursuant to I.C. § 36-7-14.5 (the “Act”) as a separate body corporate and politic serving as an
instrumentality of the City of South Bend, Indiana (the “City”), to finance local public
improvements for lease to the South Bend Redevelopment Commission (the “Commission”) and
which is permitted by the Act to acquire real property in order to accomplish the purposes of the
Corporation under the Act; and
WHEREAS, the City of South Bend, Indiana (the “City”), has previously entered into a
Lease and Management Agreement, dated as of January 1, 2019 with the Potawatomi Zoological
Society, Inc. (the “PZS”), an Indiana nonprofit corporation, to provide for the PZS to operate the
Potawatomi Zoo located in the City (the “Zoo”); and
WHEREAS, the PZS desires to undertake certain capital improvements at the Zoo (the
“Project”); and
WHEREAS, the Common Council of the City has adopted Ordinance No. 10835-21 (the
“Ordinance”) at a meeting held on December 13, 2021, authorizing the issuance of economic
development lease rental revenue bonds in an aggregate principal amount not to exceed Six
Million Five Hundred Thousand Dollars ($6,500,000) (the “Bonds”) pursuant to the terms of the
Ordinance and a trust agreement (the “Trust Agreement”) between the City and U.S. Bank
National Association, as trustee (the “Trustee”), to be known as the “City of South Bend,
Indiana, Economic Development Lease Rental Revenue Bonds, Series 2022 (Potawatomi Zoo
Project)” for the purpose of (i) financing the cost of funding a portion of the cost of the Project
by providing a portion of the proceeds of the Bonds to the PZS to pay for the Project pursuant to
a Financing Agreement by and among the City, the PZS and the Corporation; (ii) funding a debt
service reserve fund, if necessary, in connection with the issuance of the Bonds; and (iii) paying
costs incurred in connection with the issuance of the Bonds; and
WHEREAS, in order to provide a source of funding to pay the principal of and interest
on the Bonds when due, the Corporation and the Commission authorized execution of a form of
Lease on November 22, 2021 (the “Lease”) providing for the lease of certain property in the City
as more fully described in the Lease (the “Leased Premises”); and
WHEREAS, the Corporation desires to acquire an interest in the Leased Premises for the
purpose of leasing the Property pursuant to the terms of the Lease; and
2
WHEREAS, in order for the Commission and the Building Corporation to execute the
Lease upon closing of the Bonds, the Board of Public Works desires to convey the Leased
Premises to the Corporation pursuant to I.C. § 36-1-11-8 and subject to the terms of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD
OF PUBLIC WORKS AS FOLLOWS:
1. The Board of Public Works hereby approves the transfer of the Leased Premises
from the Board of Public Works in accordance with I.C. § 36-1-11-8, the Act. The
President of the Board (the “President”) is authorized and directed, in the name of
the City, to execute and deliver a quit claim deed in a form substantially similar to
the document attached hereto as Exhibit A, conveying all of the Board of Public
Works’ right, title, and interest in the Property to the Corporation.
2. The Board of Public Works authorizes Andrew Netter of the City’s Department of
Community Investment to deliver the Deed for recordation to the Office of the
Recorder of St. Joseph County, Indiana and execute any other document
necessary to affect the Corporation’s acceptance of the Leased Premises from the
Board of Public Works.
3. This Resolution will be in full force and effect upon its adoption by the Board of
Public Works.
Signature Page Follows
3
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on February 22, 2022 at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
February 22, 2022
EXHIBIT A
Form of Quitclaim Deed
[See attached.]
RETURN TO: AUDITOR’S RECORD:
City of South Bend TRANSFER NO.
227 W Jefferson Blvd., Ste 1400S TAXING UNIT:
South Bend, IN 46601 PARCEL NO. N/A
QUITCLAIM DEED
THIS INDENTURE WITNESSETH THAT Civil City of South Bend, Indiana, by and through its Board
of Public Works (the “Grantor”)
CONVEYS AND QUITCLAIMS TO the City of South Bend Building Corporation (the “Grantee”), for
and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, the real estate located in St. Joseph County, Indiana, and more
particularly described in attached Exhibit 1 (the “Property”).
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quitclaim Deed on behalf of the Grantor represent and certify
that each has been fully empowered and authorized to execute this Quitclaim Deed and that all action
necessary to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
oi
ol :i: �
00 Vl ,_
0 u ,.._
N.LINE, NE. 1 / 4
SEC. 7 EXHIBIT "1"
GREENLAWN AVENUE INFRASTRUCTURE BOND
PORTAGE TOWNSHIP-SEC. 7-T37N-R3E
ST. JOSEPH COUNTY, INDIANA
0 250 500
SCALE : 1=500'
IIABONMARCHE
315 W. Jefferson Blvd.
South Bend, IN 46601 T 574.232.2700
Ft. Wayne Goshen Benton Harbor Hobart Lafayette South Bend
South Hoven Valparaiso Kalamazoo/Portage abonmarche.com
DA TE: 01/26/2022 ACI JOB #:21-0617 SHT: 1 of 1
COPYRIGHT 2022 • ABONMARCHE CONSULTANTS. INC.
INFRASTRUCTURE BOND GREEN LAWN AVENUE
A PARCEL OF LAND BEING A PART OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE
TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, IN DIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF GREENLAWN AVENUE AND THE
SOUTHERLY RIGHT-OF-WAY OF MCKINLEY HIGHWAY; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT
OF-WAY OF GREENLAWN AVENUE, 5,068 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY RIGHT
OF-WAY OF WALL STREET ; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY, 66 FEET, MORE
OR LESS, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF GREENLAWN AVENUE; THENCE NORTHERLY
ALONG THE WESTERLY RIGHT-OF-WAY OF GREENLAWN AVENUE, 5,068 FEET, MORE OR LESS, TO THE
SOUTHERLY RIGHT-OF-WAY OF MCKINLEY HIGHWAY; THENCE EASTERLY, 66 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING; SAID PARCEL CONTAINING 7.6 ACRES, MORE OR LESS, AND SUBJECT TO
EASEMENTS, COVENANTS, AND RIGHT-OF-WAY OF RECORD.
O:\Projects\2021\21-0991 City of South Bend 2021 As Needed Survey Services\Working-Design\Survey\Legals and Reports\GREENLAWN
Description.docx
O'.l </} ..... 0 c u ,-
r-,._
�
�
LJ (/J
LJ 3:;
WALL STREET INFRASTRUCTURE BOND
PORTAGE TOWNSHIP-SEC. 7&8-T37N-R3E
ST. JOSEPH COUNTY, INDIANA
0 200 400
SCALE : 1=400'
IIABONMARCHE
315 W. Jefferson Blvd.
South Bend, IN 46601
T 574.232.2700
Fl. Wayne Goshen Benton Harbor Hobart
Lafayette South Bend
South Hoven Valparaiso
Kalamazoo/Portage abonmarche.com
DA TE: 01/26/2022 ACI JOB #:21-0617 SHT: l of l
COPYRIGHT 2022 • ABONMARCHE CONSULTANTS. INC.
INFRASTRUCTURE BOND WALL STREET
A PARCEL OF LAND BEING A PART OF SECTIONS 7 & 8, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE
TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF TWYCKENHAM DRIVE AND THE
NORTHERLY RIGHT-OF-WAY OF WALL STREET; THENCE EASTERLY ALONG THE NORTHERLY RIGHT-OF
WAY OF WALL STREET, 3,002 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF
IRONWOOD DRIVE ; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY, 60 FEET, MORE OR
LESS, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WALL STREET; THENCE WESTERLY ALONG THE
SOUTHERLY RIGHT-OF-WAY OF WALL STREET, 3,002 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF
WAY OF TWYCKENHAM DRIVE; THENCE NORTHERLY, 60 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING; SAID PARCEL CONTAINING 4.1 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS,
COVENANTS, AND RIGHT-OF-WAY OF RECORD.
O:\Projects\2021\21-0991 City of South Bend 2021 As Needed Survey Services\Working-Design\Survey\Legals and Reports\WALL STREET
Description.docx
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 2/10/2022
Name Jenna Throw Department Legal
BPW Date February 22, 2022 Phone Extension Ext. 9354
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name NA
Project Number NA
Funding Source NA
Account No. NA
Amount NA
Terms of Contract
Purpose/Description Resolution requesting transfer of certain City property to the South Bend,
Indiana Building Corporation
_______________________________________________________________
_____________________________________________________________
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date:
x