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11-14-2022 FINAL Committee Meeting Notice & Agenda Packet
OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: WEDNESDAY, NOVEMBER 9, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, November 14, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/11142022CC. 3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1. Bill No. 68-22 – An Ordinance Amending Chapter 2 Establishing Ordinance Violation Bureau with Administration 3:45 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1. Bill No. 67-22 – Ordinance Amending Economic Development Revenue Note, Series 2022 (South Bend Chocolate Destination Project) 2. Bill No. 22-57 – Resolution for Designating Tax Abatement for 511 N. Notre Dame Avenue, South Bend, Indiana 4:15 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX 1. Bill No. 22-53 – Approving Scrap Metal/Junk Licenses for Calendar Year 2022 4:20 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 32-22 – A Zoning Ordinance for A Special Exception Ordinance for Property Located at 316 N. Olive Street 4:30 P.M. PUBLIC WORKS & PROPERTY VACATIONS CHAIRPERSON, NIEZGODSKI 1. Bill No. 52-22 – Ordinance for an Alley Street Vacation for Property Located at 1015 Good Place 2. Bill No.62-22 – (SUBSTITUTE) Ordinance for an Alley Vacation for Property Located at N-S Alley Starting from Hill St. to First E-W Alley Between Corby and Kalorama Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Public Works & Property Vacations Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, November 14, 2022 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/11142022SBCC 1. INVOCATION FR GEOFF MOONEY, CSC., SAINT JOSEPH HIGH SCHOOL 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 22-54 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COMMEMORATING NOVEMBER 19, 2022, AS WOMEN'S ENTREPRENEURSHIP DAY IN SOUTH BEND, INDIANA AND CELEBRATING WOMEN ENTREPRENEURS WHO PLAY A VITAL ROLE IN STRENGTHENING SOUTH BEND’S ECONOMY 22-55 A SPECIAL RESOLUTION OF THE SOUTH BEND COMMON COUNCIL, COMMEMORATING VETERANS’ DAY 2022, AND HONORING ALL VETERANS 22-56 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COMMEMORATING OVER FIVE YEARS OF SMOKE FREE ESTABLISHMENTS THROUGH THE PASSAGE OF SOUTH BEND’S CLEAN AIR ORDINANCE 6. REPORTS FROM CITY OFFICES RESULTS OF COMMUNITY SURVEY – Presenter: David Finley, Department of Information and Technology COMMITTEE OF THE WHOLE BILL NO. 32-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 316 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 52-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THE SOUTHEAST HALF, 120 FEET, OF THE ALLEY EXTENDING BETWEEN GOOD PLACE AND BLYLER PLACE ROUGHLY PARALLEL TO RIVERSIDE DRIVE IN THE CITY OF SOUTH BEND AREA COMMONLY KNOWN AS THE KELLER PARK NEIGHBORHOOD. 62-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ALLEY VACATION – N-S ALLEY STARTING FROM HILL ST TO FIRST E- W ALLEY BETWEEN CORBY AND KALORAMA (SUBSTITUTE) 67-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO FUND ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE, SERIES 2022 (SOUTH BEND CHOCOLATE DESTINATION PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 68-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19 OF THE SOUTH BEND MUNICIPAL CODE TO APPOINT THE CITY CONTROLLER AS ORDINANCE VIOLATIONS CLERK AND TO MAKE OTHER ASSOCIATED MUNICIPAL CODE AMENDMENTS BILLS ON THIRD READING BILL NO. 32-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 316 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 52-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THE SOUTHEAST HALF, 120 FEET, OF THE ALLEY EXTENDING BETWEEN GOOD PLACE AND BLYLER PLACE ROUGHLY PARALLEL TO RIVERSIDE DRIVE IN THE CITY OF SOUTH BEND AREA COMMONLY KNOWN AS THE KELLER PARK NEIGHBORHOOD. 62-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ALLEY VACATION – N-S ALLEY STARTING FROM HILL ST TO FIRST E- W ALLEY BETWEEN CORBY AND KALORAMA (SUBSTITUTE) 67-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO FUND ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE, SERIES 2022 (SOUTH BEND CHOCOLATE DESTINATION PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 68-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19 OF THE SOUTH BEND MUNICIPAL CODE TO APPOINT THE CITY CONTROLLER AS ORDINANCE VIOLATIONS CLERK AND TO MAKE OTHER ASSOCIATED MUNICIPAL CODE AMENDMENTS 11. RESOLUTIONS BILL NO. 22-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2022 PURSUANT TO SECTIONS 4-51 OF THE SOUTH BEND MUNICIPAL CODE 22-57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 NORTH NOTRE DAME AVENUE, SOUTH BEND, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR ND QOZB LLC 12. BILLS OF FIRST READING BILL NO. 69-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405 PORTAGE AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 70-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3409 S ST. JOSEPH ST. COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502 MIAMI ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 71-22 72-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1- 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SIX COUNCILMANIC DISTRICTS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 09-22-2022) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Kaine Kanczuzewski, Citizen Member Thomas Kurzhal, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Scott Matthew Coats, Citizen Member Maria Gibbs, Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Chris Hagstrom-Jones, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR October 19, 2022 Ms. Sharon McBride President, South Bend Common Council 4th Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Violations Bureau Dear President McBride: Indiana Code 33-36-2-1 permits the establishment by municipalities of an Ordinance Violations Bureau and the appointment of a Violations Clerk, with the duties of accepting written appearances, waivers of trial, admissions of violations, and payments of civil penalties up to the maximum amount permitted by Indiana law (currently $250), and according to the schedule set forth in Chapter 2 Article 19 of the City of South Bend Municipal Code in ordinance violation cases. Since its establishment in the City in 1988, the Ordinance Violations Bureau has been a part of the responsibility of the City Clerk's Office. The administration now believes that it is in the best interest of the City and its residents to move this responsibility from the City Clerk's Office into the administration. This proposed change in responsibility will assist with standardizing processes, realizing efficiencies and economies of scale, and collaborating with other areas of the City that receive payments from City residents to improve service to the residents. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on October 24, 2022, with 2nd reading, public hearing and 3rd reading scheduled for November 14, 2022. If you have any further questions or need additional information, please let me know. I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, Daniel T. Parker City Controller BILL NO. 68-22 OCI BILL NO. 68-22 ORDINANCE NO. ------ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19 OF THE SOUTH BEND MUNICIPAL CODE TO APPOINT THE CITY CONTROLLER AS ORDINANCE VIOLATIONS CLERK AND TO MAKE OTHER ASSOCIATED MUNICIPAL CODE AMENDMENTS STATEMENT OF PURPOSE AND INTENT Indiana Code 33-36-2-1 permits the establishment of an Ordinance Violations Bureau and the appointment of a Violations Clerk; Indiana Code 33-36-2-3 permits the Violations Clerk to accept written appearances, waivers of trial, admissions of violations, and payments of civil penalties up to the maximum amount per mitted by Indiana law (IC 33-36-2-3(4)) which is currently Two Hundred FiftyDollars 250.00) and according to the schedule set forthin Chapter 2 Article I 9 of the City of South Bend Municipal Code in ordinance violation cases; Chapter 2 Article 19 of the City of South Bend Municipal Code sets forth the roles and responsibilities of the Violations Clerk; and It is believed that the continued establishment of an Ordinance Violations Bureau is in the best interests of the City, and that it is furtherbelieved that it is in the best interests of the City to designate the City Controller as the Violations Clerk. By designating the City Controller as the Violations Clerk in Chapter 2, Article 19, Section 212 of the Municipal Code, certain changes to other Chapters and Sections of the South Bend Municipal Code are required forconsistency, and are also made through this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 2, Article 19, Section 2-212 is hereby amended to read as follows: Sec. 2-212 Created; administrator; powers and duties of Bureau a)An Ordinance Violations Bureau is established forthe City. b)The City Clerk City Controller shall be appointed the Violations Clerk and shall be the administrator of the Bureau. c)The Ordinance Violations Bureau shall have all power and duties authorized by state law and within the dollar limits of State law. IN OCT . !:J. r ·> SECTION II. The followingSections of Chapters 13 and 20 of the South Bend Municipal Code are hereby amended to read as follows: Chapter 13, Article 12, Sec. 13-160(a)(2) Civil Penalties: Civil Penalties: After a property has been designated as a chronic problem property and placed on the publicly available data set, if the property receives any subsequent citation or valid complia.Rt complaint, then the owner will be subject to a civil penalty of two hundred fifty dollars ($250.00) per citation or valid complaint which shall be payable through the Offieeefthe CityClerk Violations Clerk. Chapter 20, Article 1, Sec. 20-23.1 City elerk Violations Clerk discretion to grant amnesty from finesand penalties; exception. The GieyViolations Clerk in thethat Clerk's discretion may by the last day of January each year designate a day within that calendar year during which persons with unpaid tickets may pay by the close of that business day any ticket issued under this article (the Motor Vehicle and Traffic Code of the City) without accrued late fee or other penalty charges. This power to forgivefinesand penalties shall exclude any ticket which has been referred to the City Law Department forcollection or other action regardless of whether a complaint has been filed. Chapter 20, Article 1, Sec. 20-18. Answering notice on overtime parking; payment of fine. The owner or operator who has been notifiedof a violation of the parking regulations as herein provided, may, within fourteen (14) days afterbeing notified, answer at the office of the Ordinance Violation Bureau to the charge of such violation as set forthin such notice and pay a prescribed fee of twenty dollars ($20.00) in settlement of the offense or charge, or thirty dollars ($30.00) afterthe expiration of fourteen (14) days. An acceptance of the payment of the fee and the authority by the Violations Clerk shall be deemed complete satisfaction for the violation and the violator shall be given a receipt which so states. Notwithstanding the foregoingprovisions, no fee under this section will be imposed for the firstinstance in any calendar year in which a vehicle is foundto be in violation of Chapter 20, Article 6, Section 20-77 of this Code. Chapter 20, Article 1, Sec. 20-19(a). Failure to comply with notice; owner's responsibility; penalties. Whenever any person who has been issued a notice as provided in section 20-17, fails or refuses to appear within fourteen (14) days after service of such notice at the Ordinance Violations Bureau or having appeared fails or refuses to pay the Violations Clerk the fee in settlement of the charge and violation, then the Ordinance Violations Bureau shall send fRfiS CITY OF SOUTH BEND COMMUNITY INVESTMENT October 19, 2022 Councilmember Rachel Tomas Morgan, Chairperson Community Investment Committee South Bend Common Council 41h Floor, County -City Building South Bend, IN 46601 Dear Councilmember Tomas Morgan, r LEF' K .:nl_1 I H ["E_ lD, 511 Attached please find a proposal for a $2.7 million forgivable economic development loan to support the transformation of a 68-acre site at the US 20 and US 31 intersection into the Indiana Dinosaur Museum, South Bend Chocolate Factory, and other amenities totaling more than $15 million in private investment. This transformative development would add an estimated 144 jobs and develop and exciting tourism destination that is projected to attract 150,000 visitors per year. The forgivable loan would be funded utilizing Tax Increment Financing funds, but requires approval of Common Council, Redevelopment Commission, and Economic Development Commission in order to be issued. The bond would be forgivable provided the Indiana Dinosaur Museum and South Bend Chocolate Factory open by June, 30, 2024 and private investment exceeds $15.4 million. Sincerely, Caleb Bauer Acting Executive Director Department of Community Investment CC: Mark Tamer, South Bend Chocolate Company Sandra Kennedy, Corporation Counsel EXCELLENCE ACCOUNTABILITY j INNOVATION INCLUSION 1 EMPOWERMENT 1400S County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 67-22 BILL NO. 67-22 ORDINANCE NO. 10902-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO FUND ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE, SERIES 2022 (SOUTH BEND CHOCOLATE DESTINATION PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO STATEMENT OF PURPOSE AND INTENT This ordinance authorizes the funding of the City of South Bend, Indiana ("City") Taxable Economic Development Revenue Note, Series 2022 (South Bend Chocolate Destination Project) issued in one or more series ("Series 2022 Note") in an amount not to exceed Two Million Seven Hundred Thousand Dollars ($2,700,000) ("Loan") and further approves and authorizes other actions in respect thereto. Indiana Code 36-7-11.9 and 12 (collectively, "Act") declares that the financing and refinancing of economic development facilities constitutes a public purpose and pursuant to the Act, the City is authorized to make loans for the purpose of financing, reimbursing or refinancing all or a portion of the costs of acquisition, construction, renovation, installation and equipping of economic development facilities in order to foster diversification of economic development and creation or retention of opportunities for gainful employment in or near the City. The South Bend Chocolate Company, Inc., an Indiana corporation, the Indiana Dinosaur Museum Inc., an Indiana nonprofit corporation, or an affiliate of either (collectively, the "Borrower") has proposed the development, construction, renovation, and equipping of three (3) buildings totaling I approximately 90,434 square feet of attraction, retail, restaurant, visitor center and tour -able chocolate factory space on real estate commonly known as 24762 and 24820 U.S. Highway 20, South Bend, Indiana 46628, along with its surrounding acreage to create a year -around attraction and destination for City residents and visitors and to support the development of Continental Divide Trail (collectively, the "Project"), all on the City's westside in or physically connected to the River West Development Area and the River West Development Area Allocation Area No. 1 as established by the South Bend Redevelopment Commission ("Redevelopment Commission"). The South Bend Economic Development Commission ("Commission") has rendered its Project Report regarding the issuance and funding of the Series 2022 Note from the City to the Borrower to finance a portion of the Project and the Project Report has been or will be submitted to the South Bend Area Plan Commission and the Superintendent of the South Bend Community School Corporation. The Commission conducted a public hearing and adopted a resolution and Project Report, which resolution and Project Report have been transmitted hereto, finding that the financing of a portion of the Project complies with the purposes and provisions of the Act and that such financing will be of benefit to the health and welfare of the City, its residents, and its visitors. The Commission has approved and recommended the adoption of this form of ordinance by this Common Council, has considered the issue of adverse competitive effect and has approved the forms of and has transmitted for approval by the Common Council the forgivable loan agreement between the City and the Borrower (including the form of the Series 2022 Note) dated as of the first day of the month the first Series 2022 Note is issued ("Loan Agreement"). The Redevelopment Commission has pledged Tax Increment (as defined in the Loan Agreement), junior and subordinate to the Outstanding Bonds (as defined in the Loan Agreement) and any bonds issued 2- in the future on a parity with the Outstanding Bonds on hand, or to be on hand, to the funding of the Series 2022 Note pursuant to and in accordance with the Loan Agreement. Forms of the Series 2022 Note and the Loan Agreement and a form of this proposed ordinance have been submitted to the Commission for its approval, which are incorporated by reference in the Commission's resolution following the Commission's public hearing, which resolution has been transmitted to the Common Council. Based upon the resolution adopted by the Commission pertaining to the Project, the Common Council hereby finds and determines that the financing and reimbursement approved by the Commission for the Project will be of benefit to the health and general welfare of the citizens of the City, complies with the provisions of the Act and the amount necessary to finance and reimburse a portion of the costs of the Project will require making the Loan and delivering the Series 2022 Note. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION I. It is hereby found, determined, ratified and confirmed that the financing and reimbursement of the Project, the making of the Loan to the Borrower to be evidenced by the Borrower's Series 2022 Note complies with the purposes and provisions of the Act and: (i) will result in the diversification of industry, the creation of business opportunities and the creation of opportunities for gainful employment within the jurisdiction of the City, (ii) will serve a public purpose, and will be of benefit to the health and general welfare of the City, (iii) complies with the purposes and provisions of the Act and it is in the public interest that the City take such lawful actions as determined to be necessary or desirable to encourage the diversification of industry, the creation or retention of business opportunities, and the creation or retention of opportunities for 3- gainful employment within the jurisdiction of the City, and (iv) will not have a material adverse competitive effect on any similar facilities already constructed or operating in or near the City. SECTION II. The substantially final form of the Loan Agreement shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk. In accordance with the provisions of IC 36-1-5-4, two (2) copies of the Loan Agreement are on file in the office of the Clerk for public inspection. SECTION III. The Project costs will be reimbursed to the Borrower from the Loan. The City shall fund the Loan from Tax Increment on hand, or to be on hand, junior and subordinate to the Outstanding Bonds and any bonds issued in the future on a parity with the Outstanding Bonds, pledged by the Redevelopment Commission to the Borrower in the maximum amount not to exceed Two Million Seven Hundred Thousand Dollars ($2,700,000), payable in one or more series provided that in no event shall the aggregate amount of the series exceed the actual cost of the Project. To the extent the respective representations in Section 2.20) of the Loan Agreement are met, payments on the respective series of the Loan shall be forgiven. If the respective representations in Section 2.20) are not met, the Loan shall not be forgiven. The Series 2022 Note shall not accrue interest at a rate in excess of four percent (4%). The Series 2022 Note shall never constitute a general obligation of, an indebtedness of, or charge against the general credit of the City. The Series 2022 Note shall not be subject to optional redemption prior to maturity. SECTION IV. The Mayor, Controller and the Clerk are authorized and directed to execute the Loan Agreement, and such other documents approved or authorized herein and any other document which may be necessary, appropriate or desirable to consummate the transactions contemplated by the Loan Agreement and this ordinance, and their execution is hereby confirmed on behalf of the City. The Mayor, Controller and Clerk are authorized to arrange for the delivery ME of such Series 2022 Note to the Borrower, payment for which will be made in the manner set forth in the Loan Agreement. The Mayor, Controller and Clerk may, by their execution of the Loan Agreement and any other documents requiring their signatures and imprinting of their facsimile signatures thereon, approve any and all such changes therein and also in the Loan Agreement and any other documents without further approval of this Common Council or the Commission if such changes do not affect terms set forth in Sections 27(a)(1) through and including (a)(10) of the Act. SECTION V. The provisions of this ordinance and the Loan Agreement shall constitute a contract binding between the City and the Borrower. SECTION VI. The Mayor, Controller or Clerk, or any other officer having responsibility with respect to the making of the Loan, evidenced by the Series 2022 Note, are authorized and directed, alone or in conjunction with any of the foregoing, or with any other officer, employee, consultant or agent of the City, to deliver a certificate for inclusion in the transcript of proceedings for the Series 2022 Note, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the Loan as of the funding date thereof. SECTION VII. No recourse under or upon any obligation, covenant, acceptance or agreement contained in this ordinance, the Loan Agreement or under any judgment obtained against the City, including without limitation the Commission or Redevelopment Commission, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise, or under any circumstances, under or independent of the Loan Agreement, shall be had against any member, director, or officer or attorney, as such, past, present, or future, of the City, including without limitation the Commission or Redevelopment Commission, either directly or through the City, or otherwise, for the payment for or to the City of any sum that may remain due and unpaid by the City upon any of such Series 2022 Note. Any 5- and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member, director, or officer or attorney, as such, to respond by reason of any act or omission on his or her part or otherwise for, directly or indirectly, the payment for or to the City or any receiver thereof, or for or to any owner or holder of any sum that may remain due and unpaid upon the Series 2022 Note hereby secured shall be expressly waived and released as a condition of and consideration for the execution and delivery of the Loan Agreement and the issuance and funding of the Series 2022 Note. SECTION VIII. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. SECTION IX. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. SECTION X. It is hereby determined that all formal actions of the Common Council relating to the adoption of this ordinance were taken in one or more open meetings of the Common Council, that all deliberations of the Common Council and of its committees, if any, which resulted in formal action, were in meetings open to the public, and that all such meetings were convened, held and conducted in compliance with applicable legal requirements, including Indiana Code 5- 14-1.5, as amended. SECTION XI. The Mayor, Controller. and Clerk, and any other officer of the City are hereby authorized and directed, in the name and on behalf of the City, to execute and deliver such further documents and to take such further actions as such person(s)deem(s) necessary or desirable to effect the purposes of this ordinance, and any such documents heretofore executed and delivered and any such actions heretofore taken, be, and hereby are, ratified and approved. rel SECTION XI. This ordinance shall be in full force and effect from and after its passage, approval by the Mayor and any notices required by law. The remainder of this page intentionally left blank] 7- Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m James Mueller, Mayor City of South Bend, Indiana Ch)rks 0ff ce r) AVv[1LCITY r,f r1rf if ii ..i LOAN AGREEMENT AMONG THE SOUTH BEND CHOCOLATE COMPANY, INC., INDIANA DINOSAUR MUSEUM INC., AND CITY OF SOUTH BEND, INDIANA Dated as of November 1, 2022 4854- 2813-5735.5 TABLE OF CONTENTS Page ARTICLE 1. DEFINITIONS AND EXHIBITS... .................. ................................................ 3 Section LL Terms Defined ................................................ --......... .......................................... 3 Section 1.2. Rules of Interpretation........................................................................................ 5 Section1.3. Exhibits............................................................................................................... 6 ARTICLE II. REPRESENTATIONS; LOAN OF TIF REVENUES ....................................... 7 Section 2.1. Representations by City..................................................................................... 7 Section 2.2. Representations by Borrower............................................................................. 7 Section 2.3. Series 2022 Note................................................................................................ 9 ARTICLE III. PARTICULAR COVENANTS OF THE BORROWER... ... ........................ - 10 Section 3.1. Forgiveness of Payment of Loan...................................................................... 10 Section 3.2. RESERVED........................................................................ I............................ 10 Section 3.3. Continuing Existence and Qualification.......................................................... 10 Section 3.4. Assignment, Sale or Other Disposition of Project ........................................... 10 Section3.5. Indemnity......................................................................................................... 10 Section 3.6. Issuance of Substitute Notes............................................................................ 10 Section 3.7. Payment of Expenses of Loan.......................................................................... 11 Section3.8. Reserved........................................................................................................... 11 Section 3.9. Other Amounts Payable by the Redevelopment Commission ......................... 11 Section 3.10. Completion of Project...................................................................................... 11 Section 3.11. Sale, Substitution, or Lease of the Facilities; Assignment of Loan Agreement. 11 ARTICLE IV. EVENTS OF DEFAULT AND REMEDIES THEREFOR 13 Section 4.1. Events of Default.............................................................................................. 13 Section 4.2. Remedies Cumulative...................................................................................... 13 Section 4.3. Delay or Omission Not a Waiver..................................................................... 14 Section 4.4. Waiver of Extension, Appraisement or Stay Laws .......................................... 14 Section 4.5. Remedies Subject to Provisions of Law........................................................... 14 Section 4.6. Rights of the City............................................................................................. 14 Section 4.7. Waiver of Events of Default............................................................................. 14 Section 4.8. Limitation of Liability...................................................................................... 15 Section 4.9. Force Majeure.................................................................................................. 15 ARTICLEV. IMMUNITY..................................................................................................... 16 Section5.1. Immunity.......................................................................................................... 16 ARTICLE VI. SUPPLEMENTS AND AMENDMENTS TO THIS LOAN AGREEMENT. 17 1 4854-2813-5735.5 Section 6.1. Supplements and Amendments to this Loan Agreement ................................. 17 ARTICLE VII. DEFEASANCE................................................................................................ 18 Section7.1. Defeasance....................................................................................................... 18 ARTICLE VIII. MISCELLANEOUS PROVISIONS................................................................ 19 Section 8.1. Termination by Borrower................................................................................. 19 Section 8.2. Dispute Resolution........................................................................................... 19 Section 8.3. Confidentiality.................................................................................................. 19 Section 8.4. Information Security........................................................................................ 19 Section 8.5. Loan Agreement for Benefit of Parties Hereto ................................................ 19 Section8.6. Severability....................................................................................................... 19 Section 8.7. Limitation on Interest....................................................................................... 20 Section 8.8. Addresses for Notice and Demands................................................................. 20 Section 8.9. Successors and Assigns.................................................................................... 21 Section8.10. Counterparts..................................................................................................... 21 Section8.11. Governing Law................................................................................................. 21 Section 8.12. Third -Party Beneficiary.................................................................................... 21 ii 4854-2813-5735.5 LOAN AGREEMENT This is a LOAN AGREEMENT dated as of November 1, 2022 ("Loan Agreement") among The South Bend Chocolate Company, Inc. an Indiana corporation duly organized and existing under the laws of the State of Indiana ("SBCC"), Indiana Dinosaur Museum Inc., an Indiana nonprofit corporation ("IDM" and jointly and severally with SBCC, the "Borrower"), and CITY OF SOUTH BEND, INDIANA ("City"), a political subdivision and municipal corporation duly organized and validly existing under the laws of the State of Indiana. PRELIMINARY STATEMENT Indiana Code, Title 36, Article 7, Chapters 11.9, 12 and 14, as in effect on the date the first series of the Series 2022 Note is funded (collectively, "Act"), have been enacted by the General Assembly of Indiana. The Act provides that a political subdivision may make direct loans to users or developers for the cost of acquisition, construction, or installation of economic development facilities, including infrastructure improvements, with such loans to be secured by the pledge of secured or unsecured debt obligations of the users or developers, for diversification of economic development and promotion of job opportunities in or near the City. The South Bend Redevelopment Commission ("Redevelopment Commission") adopted a declaratory resolution on February 23, 1990 establishing the Airport Economic Development Area and the Airport Economic Development Area Allocation Area No. 1 (" 1990 Declaratory Resolution"), which was effective as of that date and was confirmed by a confirmatory resolution adopted on June 27, 1990 ("1990 Confirmatory Resolution"). The South Bend Redevelopment Commission further adopted a declaratory resolution on April 16, 1993 establishing the Sample - Ewing Development Area and the Sample -Ewing Allocation Area (South Bend Allocation Area No. 8) (" 1993 Declaratory Resolution"), which was effective as of that date and was confirmed by a confirmatory resolution adopted on May 21, 1993 ("1993 Confirmatory Resolution" and collectively with the 1990 Declaratory Resolution, the 1990 Confirmatory Resolution, the 1993 Declaratory Resolution and the 1993 Confirmatory Resolution hereinafter referred to as the Original Declaratory Resolution"). The Redevelopment Commission on June 19, 2007, adopted an amending declaratory resolution, as further amended on August 28, 2014 and April 11, 2019 collectively, as amended, "Amending Declaratory Resolution"), as confirmed by an amending confirmatory resolution adopted on July 20, 2007, as further amended on November 10, 2014 and June 13, 2019 (collectively, "Amending Confirmatory Resolution" and collectively with the Original Declaratory Resolution, the Amending Declaratory Resolution and the Amending Confirmatory Resolution hereinafter referred to as the "Area Resolution"), removing, transferring, consolidating, expanding and renaming the consolidated and expanded area the River West Development Area ("Area"), as an economic development area under IC 36-7-14 and IC 36-7-25; The Area Resolution approved the economic development plan, as amended ("Plan") for the Area which Plan contained specific recommendations for economic development in the Area, and the Area Resolution removed, transferred, consolidated, expanded and renamed consolidated and expanded allocation area the River West Development Area Allocation Area No. 1 in accordance with IC 36-7-14-39 ("Allocation Area") for the purpose of capturing property taxes 4854-2813-5735.5 generated from the incremental assessed value of real and depreciable personal property located in the Allocation Area ("Tax Increment"). The City, upon finding that the Facilities (as hereinafter defined) and the proposed financing of the construction and reconstruction of the Project (as hereinafter defined) to support the Facilities will create additional employment opportunities in the City; will benefit the health, safety, morals, and general welfare of the citizens of the City and the State of Indiana; and will comply with the purposes and provisions of the Act, adopted an ordinance approving the proposed financing. In order to encourage economic development and promote significant opportunities for gainful employment, the City intends to fund a loan to the Borrower in an aggregate amount not to exceed $2,700,000 ("Loan"), to be evidenced by a Borrower's Taxable Economic Development Revenue Note, Series 2022A and B pursuant to the provisions of this Loan Agreement, to finance a portion of the cost of the Project to support the Facilities in or physically connected to the Area. This Loan Agreement provides for the payment of the Series 2022 Note by the Borrower and further provides for the Borrower's repayment obligation to be evidenced by a Series 2022 Note by each Borrower entity receiving funding to the extent of such funding received, substantially in the form attached hereto as Exhibit A-1 and Exhibit A-2. Subject to the further provisions of this Loan Agreement including Section 3.1, the Loan will be payable solely out of the payments to be made by the Borrower on the Series 2022 Note. In consideration of the premises, the Loan, the acceptance of the Series 2022 Note by the City, and of other good and valuable consideration, the receipt whereof is hereby acknowledged, the Borrower has executed and delivered this Loan Agreement. This Loan Agreement is executed upon the express condition that if the Borrower shall pay or cause to be paid all indebtedness hereunder (unless the Series 2022 Note is forgiven pursuant to Section 3.1 hereof) and shall keep, perform and observe all and singular the covenants and promises expressed in the Series 2022 Note, any other Notes (as hereinafter defined) and this Loan Agreement to be kept, performed and observed by the Borrower, then this Loan Agreement and the rights hereby granted shall cease, determine and be void; otherwise to remain in full force and effect. The Borrower and the City hereby covenant and agree as follows: 2 4854-2813-5735.5 ARTICLE I. DEFINITIONS AND EXHIBITS Section L I. Terms Defined. As used in this Loan Agreement, the following terms shall have the following meanings unless the context clearly otherwise requires: Act" means, collectively, Indiana Code 36-7-11.9, 12 and 14, as in effect on the date the first series of the Series 2022 Note is funded. Allocation Area" means River West Development Area No. L Area" means the River West Development Area. Authorized Representative" means, with respect to the Borrower, Mark Tamer or any other person certified by the President of the Borrower to be the Borrower's Authorized Representative and, with respect to the City, the Executive Director of the Department of Community Investment or any other person certified by the Mayor of the City to be the City's Authorized Representative. Authorizing Resolution" means Resolution No. -_ adopted by the South Bend Redevelopment Commission on October 13, 2022, authorizing the use of TIF Revenues on hand, or to be on hand, to fund the Series 2022 Note. Borrower" means SBCC and IDM or any affiliates, successors and/or assigns thereto permitted under Section 3.3 hereof. Business Day" means any day other than a Saturday, Sunday or holiday, on which commercial banks in the City are open for conducting substantially all of their banking activities. City" means South Bend, Indiana, or any successor thereto or assign thereof. Commission" means the South Bend Economic Development Commission. Counsel" means an attorney duly admitted to practice law before the highest court of any state, and, without limitation, may include legal counsel for either the City or the Borrower. Facilities" shall have the meaning set forth in the Project definition below. Loan" means the loan by the City to the Borrower. Note" or "Notes" means the Series 2022 Note, and any other note executed by the Borrower in connection with the Series 2022 Note, and any notes issued in exchange therefor pursuant (and subject) to Section 3.7 hereof. Note Counsel" means Ice Miller LLP or another a nationally recognized firm of municipal bond attorneys acceptable to the City and the Borrower. 3 4854-2813-5735.5 Outstanding Bonds" means the Redevelopment Commission's outstanding Indiana Bond Bank Special Program Bonds, Series 2011A (TIF A), Indiana Bond Bank Special Program Bonds, Series 2011A (TIF B), 2006 Main/Colfax Garage Lease, South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2015 (Refunding 2008), South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds, Series 2013 (Refunding 2008), South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2015, Redevelopment District Bonds, Series 2018, Taxable Economic Development Revenue Bonds, Series 2017 (Eddy Street Phase II), South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2019 (Double Tracking Project), Taxable Economic Development Tax Increment Revenue Bonds, Series 2020 Community Education Center Project), Building Corporation First Mortgage Revenue Refunding Bonds, Series 2012 (Police and Fire Station Projects) and any bonds issued in the future on a parity therewith. Project" means the development, construction, renovation, and equipping of three (3) buildings totaling approximately 90,434 square feet of attraction, retail, restaurant, visitor center and tour -able chocolate factory space ("Improvements") on real estate commonly known as 24762 and 24820 U.S. Highway 20, South Bend, Indiana 46628 ("Land" and together with the Improvements, the "Facilities"), along with its surrounding acreage to create a year -around attraction and destination for City residents and visitors and to support the development of Continental Divide Trail, all on the City's westside in or physically connected to the Area. Project Costs" with respect to the Project shall mean any and all costs permitted by the Act including, but not limited to: i) the "Note Issuance Costs," namely the reasonable third -party costs, fees and expenses incurred or to be incurred by the City in connection with the Loan, the reasonable fees of disbursements of the City's municipal advisor, application fees and expenses, publication costs, the filing and recording fees in connection with any necessary filings or recordings or to perfect the lien thereof, the out-of-pocket costs of the City, the reasonable fees and disbursements of Counsel to the City, the reasonable fees and expenses of Note Counsel, the costs of preparing or printing the Series 2022 Note and the documentation supporting the Loan, the costs of reproducing documents and any other costs of a similar nature reasonably incurred; ii) design costs and other expenses directly related to the construction and equipping of the Project; iii) the cost of insurance of all kinds that may be required or necessary in connection with the construction or equipping of the Project; iv) all costs and expenses which Borrower shall be required to pay, under the terms of any contract or contracts (including the architectural and engineering, development, and legal services with respect thereto), for the construction of the Project; and v) any sums required to reimburse the Borrower for advances made subsequent to the date the first series of the Series 2022 Note is funded for any of the above items or 4 4854-2813-5735.5 for any other costs previously incurred and for work done by Borrower which are properly chargeable to the Project. Redevelopment Commission" means the South Bend Redevelopment Commission. Series 2022 Note" means the Series 2022A Note and Series 2022B Note of each Borrower in the aggregate maturity amounts of $2,700,000 in substantially the forms attached hereto as Exhibit A-1 and Exhibit A-2 which will be issued and delivered by the Borrower to the City to evidence the Loan in the respective amounts due by IDM and SBCC and any Note issued in exchange for the Series 2022 Note pursuant to Section 3.7 hereof. As set forth in Section 2.2(i) hereof, the Series 2022 Note will be drawn in an aggregate amount not to exceed $2,700,000 as set forth in Section 2.2(i). Series 2022 Note A" means the Series 2022 Note delivered by IDM in the form attached hereto as Exhibit A-1 in the maximum amount of [$1,700,000]. Series 2022 Note B" means the Series 2022 Note delivered by SBCC in the form attached hereto as Exhibit A-2 in the maximum amount of [$1,000,000]. State" means the State of Indiana. Tax Increment" has the meaning set forth in the Recitals. Written Request" means a request in writing from an authorized representative of the party making the request. Section 1.2. Rules of Interpretation. For all purposes of this Loan Agreement, except as otherwise expressly provided, or unless the context otherwise requires: a) "This Loan Agreement" means this instrument as originally executed and as it may from time to time be supplemented or amended pursuant to the applicable provisions hereof. b) All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and other subdivisions of this instrument as originally executed. The words "herein," "hereof' and "hereunder" and other words of similar import refer to this Loan Agreement as a whole and not to any particular Article, Section or other subdivision. c) The terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular and the singular as well as the plural. d) All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles as consistently applied. e) The terms defined elsewhere in this Loan Agreement shall have the meanings therein prescribed for them. 5 4854-2813-5735.5 Section 1.3. Exhibits. The following Exhibits are attached to and by reference made a part of this Loan Agreement. Exhibit A-1. Form of Series 2022A Note of IDM Exhibit A-2. Form of Series 2022B Note of SBCC End of Article I) 6 4854-2813-5735.5 ARTICLE II. REPRESENTATIONS; LOAN OF TIF REVENUES Section 2.1. Representations by City. The City represents and warrants that: a) The City is a political subdivision duly organized and validly existing under the laws of the State. Under the provisions of the Act, the City has been authorized by action of its governing body to enter into the transactions contemplated by this Loan Agreement and to carry out its obligations hereunder. b) The City agrees to make the Loan for the purpose of financing a portion of the construction or reconstruction of the Project for the benefit of the Borrower, to benefit the health, safety, morals and general welfare of the citizens of the City, increase economic well-being of the State, promote job opportunities and attract major new businesses. Section 2.2. Representations by Borrower. Borrower represents and warrants that: a) IDM is a nonprofit corporation duly incorporated under the laws of the State of Indiana, validly exists and authorized to do business under the laws of the State, is not in violation of any provision of its Articles of Incorporation and Bylaws, has not received notice and has no reasonable grounds to believe that it is in violation of any laws in any manner material to its ability to perform its obligations under this Loan Agreement and the Series 2022A Note, has the power to enter into and to perform its obligations under this Loan Agreement and the Series 2022A Note, and has duly authorized the execution and delivery of this Loan Agreement and the Series 2022A Note by appropriate corporate action. b) SBCC is a corporation duly incorporated under the laws of the State of Indiana, validly exists and authorized to do business under the laws of the State, is not in violation of any provision of its Articles of Incorporation and Bylaws, has not received notice and has no reasonable grounds to believe that it is in violation of any laws in any manner material to its ability to perform its obligations under this Loan Agreement and the Series 2022B Note, has the power to enter into and to perform its obligations under this Loan Agreement and the Series 2022B Note, and has duly authorized the execution and delivery of this Loan Agreement and the Series 2022B Note by appropriate corporate action. c) The Borrower anticipates creating up to approximately 144 new full time job opportunities. The Borrower and its affiliates shall cause a total investment of up to approximately 15,400,000 with $13,500,000 currently estimated to be in real property (exclusive of land costs) and $1,900,000 currently estimated to be in depreciable personal property. d) All of the proceeds from the Series 2022 Note (including any income earned on the investment of such proceeds) provided to the Borrower will be used solely for Project Costs. e) The Borrower intends to develop, construct and operate or cause the Facilities to be developed, constructed and operated as an economic development facility under the Act until the expiration or earlier termination of this Loan Agreement as provided herein, unless the Borrower has sold or otherwise transferred the Facilities to a Surviving Corporation (as hereinafter 7 4854-2813-5735.5 defined) in accordance with Section 3.3 or assigned this Loan Agreement in accordance with Section 3.11 of this Loan Agreement. f) Neither the execution and delivery of this Loan Agreement, the consummation of the transactions contemplated hereby including execution and delivery of the Series 2022 Note nor the fulfillment of or compliance with the terms and conditions of this Loan Agreement, will contravene the Borrower's Articles of Incorporation or any law or any governmental rule, regulation or order presently binding on the Borrower or conflicts with or results in a breach of the terms, conditions or provisions of any agreement or instrument to which Borrower is now a party or by which it is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any liens, charges, or encumbrances whatsoever upon any of the property or assets of Borrower under the terms of any instrument or agreement. g) The execution, delivery and performance by the Borrower of this Loan Agreement and the Series 2022 Note do not require the consent or approval of the giving of notice to, the registration with, or the taking of any other action in respect of, any federal, state or other governmental authority or agency, not previously obtained or performed. h) Assuming the due authorization, execution and delivery thereof by the other parties thereto, this Loan Agreement and the Series 2022 Note have been duly executed and delivered by the Borrower and constitute the legal, valid and binding agreements of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights in general. i) No event has occurred and is continuing which with the lapse of time or the giving of notice would constitute an event of default under this Loan Agreement or the Series 2022 Note. j) Upon receipt by the City of evidence from the lender of Borrower that Borrower has secured and closed additional funding that when combined with the Loan is sufficient to complete the construction of the Facilities, (1) IDM may draw, under the Series 2022A Note, up to [$1,700,000], for the purpose of paying (or reimbursing IDM) for improvements, equipment, exhibit or other site or infrastructure costs necessary or advisable for IDM to commence operations and open at the Project site ("IDM Opening") and (2) SBCC may draw, under the Series 2022B Note, up to [$1,000,000], for the purpose of paying (or reimbursing SBCC) for tenant improvements, equipment, and other site or infrastructure other costs necessary or advisable for SBCC to commence operations at the Project site, including but not limited to the opening the anticipated retail, restaurant, visitors and exhibit areas ("SBCC Opening"). Upon the written request of an Authorized Representative of Borrower, funds under a Series 2022 Note shall be disbursed from the City to the Borrower pursuant to payment applications that list the vendor, the dollar amount and the description of the Project Costs (a "Pay Application"), which funds shall be disbursed to Borrower within thirty (30) days of the City's receipt of a complete Pay Application in a form reasonably acceptable to the City and the availability of any supporting documentation reasonably requested by the City to properly review.the Pay Application and confirm the Project Costs. In no event shall the aggregate draws exceed the actual cost of the Project. Upon (i) the completion of the Facilities, (ii) proof to the City's satisfaction of the expenditure of the total investment set forth in Section 2.2(c), and (iii) the IDM Opening, as evidenced by an Affidavit of 4854-2813-5735.5 Completion executed by IDM and accepted by the City, the Series 2022A Note shall be considered forgiven. Upon (i) the completion of the Facilities, (ii) proof to the City's satisfaction of the expenditure of the total investment set forth in Section 2.2(c), and (iii) the SBCC Opening, as evidenced by an Affidavit of Completion executed by SBCC and accepted by the City, the Series 2022B Note shall be considered forgiven. Section 2.3. Series 2022 Note. Concurrently with the execution and delivery hereof, the City is authorizing the Loan to the Borrower and will fund each series of the Loan at such time or times as the representation in Section 2.20) has been met. The Loan is being evidenced by the execution and delivery by the Borrower of the Series 2022 Note substantially in the form attached hereto as Exhibit A-1 and Exhibit A-2. End of Article II) 9 4854-2813-5735.5 ARTICLE III. PARTICULAR COVENANTS OF THE BORROWER Section 3.1. Forgiveness of Payment of Loan. To the extent the applicable representations and conditions in Section 2.20) are met, payment on the respective Series 2022 Note shall be forgiven immediately and the respective Series 2022 Note shall be considered paid and of no further force or effect. If the representation in Section 2.20) is not met, the Loan shall remain in effect and be payable upon the maturity date set forth in each Section 2022 Note. Section 3.2. RESERVED. Section 3.3. Continuing Existence and Qualification. The Borrower covenants that so long as any Note is outstanding, it (a) will maintain in good standing its corporate existence and qualification to do business in the State, and (b) will not (1) dissolve or otherwise dispose of all or substantially all of its assets and (2) consolidate with or merge into another entity or permit one or more other entities to consolidate with or merge into it; provided that the Borrower may, without violating its agreement contained in this Section, consolidate with or merge into another corporation or other entity, or permit one or more other corporations or other entities to consolidate with or merge into it, or sell or otherwise transfer to another corporation or entity all or substantially all of its assets as an entirety and thereafter dissolve, provided the surviving, resulting or transferee entity (such corporation being hereinafter called the "Surviving Corporation") (if other than the Borrower) expressly accepts, agrees and assumes in writing to pay and perform all of the obligations of the Borrower herein and be bound by all of the agreements of the Borrower contained in this Loan Agreement to the same extent as if the Surviving Corporation had originally executed this Loan Agreement, and the Surviving Corporation is an Indiana corporation or is a foreign corporation or partnership, trust or other person or entity organized under the laws of one of the states of the United States and is qualified to do business in the State of Indiana as a foreign corporation or partnership, trust or other person or entity. Section 3.4. Assignment, Sale or Other Disposition of Project. Until the Loan is repaid or deemed forgiven) in full, any sale, lease or other disposition of the Facilities or any portion thereof is subject to the conditions of Section 3.11 hereof. Section 3.5. Indemnity. The Borrower will pay, protect, defend, indemnify and save the City, the Commission and the Redevelopment Commission harmless from and against, all liabilities, losses, damages, costs, expenses (including attorneys' fees and expenses of the City), causes of actions, suits, claims, demands and judgments of any nature arising from or relating to the Project, provided, that the liability of Borrower under this Section 3.5 shall be limited to the amount of the Loan actually received by Borrower as of the date of the alleged breach of the terms of this Loan Agreement. If any proceeding is instituted for which indemnity may be sought under this Section 3.5, the party that may seek such indemnity shall notify the Borrower and the City in writing in a timely manner to allow the Borrower to defend any action or claim in such proceeding. Section 3.6. Issuance of Substitute Notes. Upon the surrender of any Note, the Borrower will execute and deliver to the holder thereof a new Note dated the date of the Note being surrendered but with appropriate notations thereon to reflect payments of principal already paid 10 4854-2813-5735.5 on such Note; provided, however, that there shall never be outstanding at any one time more than one Note of any one series. Section 3.7. Payment of Expenses of Loan. The Note Issuance Costs (as defined under Project Costs" in Article I hereof) will be paid by the Borrower on the date the first series of the Loan is funded. Section 3.8. Reserved. Section 3.9. Other Amounts Payable by the Redevelopment Commission. The Redevelopment Commission covenants and agrees to pay the following: a) All reasonable out-of-pocket costs incurred by the City incident to the payment of the Series 2022 Note as the same become due and payable. b) An amount sufficient to reimburse the City and Commission for all expenses reasonably incurred by the City under this Loan Agreement and in connection with the performance of its obligations under this Loan Agreement. c) All reasonable expenses incurred in connection with the enforcement of any rights under this Loan Agreement by the City. Section 3.10. Completion_of_Project. The Borrower agrees that it will use reasonable efforts to cause to be made, executed, acknowledged and delivered any contracts, orders, receipts, writings and instructions with any other persons, firms, corporations or partnerships and in general do all things which may be requisite or proper, all for constructing and completing the Project, to the extent permitted by law, on or about June 30, 2024. If the moneys comprising the Loan should not be sufficient to pay in full the costs of the construction of the Project, the Borrower agrees, for the benefit of the City and to fulfill the purposes of the Act, to use commercially reasonable efforts to cause the completion of the construction of the Project and to pay or cause to be paid that portion of the costs therefor as may be in excess of the moneys available therefor. The City does not make any warranty, either express or implied, that the moneys will be available for payment of the costs of the construction of the Project, will be sufficient to pay all the costs which will be incurred in that connection. The Borrower shall not be entitled to any reimbursement therefor from the City, nor shall it be entitled to any diminution in or abatement or postponement of the amounts payable hereunder or under the Series 2022 Note. Section 3.11. Sale, Substitution, or Lease of the Facilities; Assignment of Loan Agreement. The Borrower, subject to the written consent of the City (which consent shall not be unreasonably withheld, conditioned or delayed), may sell, lease or transfer or otherwise dispose of the Facilities or any portion thereof only if the sale, lease or transfer or other disposition shall not relieve the Borrower from liability from the performance of all of the obligations of this Loan Agreement, except as permitted by Section 3.4 hereof, unless the transferee accepts, agrees and assumes in writing to pay and perform all of the obligations of the Borrower herein and be bound by all of the agreements of the Borrower contained in this Loan Agreement to the same extent as if the transferee had originally executed this Loan Agreement. Notwithstanding the foregoing, 11 4854-2813-5735.5 Borrower may assign this Loan Agreement to an Affiliate (as defined below) or in connection with any merger, reorganization, sale of all or substantially all of our assets or any similar transaction. This Loan Agreement will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. `Affiliate' as used herein means (i) any entity that directly or indirectly controls, is controlled by, or is under common control with Borrower or ii) in which SBCC Development Corp. is the owner of 51 % or more of the direct or indirect beneficial interests and/or is directly or indirectly controlled, controlling or under common control with Mark Tamer. By way of clarification, notwithstanding any provision in this Agreement to the contrary the making of the Loan (and the forgiveness of the Note) under the provisions of this Agreement shall not be contingent upon the Borrower having commenced or completed any particular portions of Facilities by the date of the Loan (or the date of forgiveness of the Note) provided Borrower has otherwise performed its applicable obligations with respect to the Project. End of Article III) 12 4854-2813-5735.5 ARTICLE IV. EVENTS OF DEFAULT AND REMEDIES THEREFOR Section 4.1. Events of Default. (a) The occurrence and continuance of any of the following events shall constitute an "event of default" hereunder: i) Failure of the Borrower to observe and perform any covenant, condition or provision of this Loan Agreement for a period of one -hundred twenty (120) days after written notice, specifying such failure and requesting that it be remedied, given to the Borrower by the City, unless (i) the nature of the default is such that it cannot be remedied within the one -hundred twenty (120) day period, (ii) the Borrower institutes corrective action within the one -hundred twenty (120) day period and (iii) the Borrower diligently pursues such action until the default is remedied. ii) Failure of the City to fund all or any series of the Loan in accordance with this Loan Agreement for a period of thirty (30) days after the dates set forth herein and receipt of written notice, specifying such failure and requesting that it be remedied, given to the City by the Borrower, unless (i) the City institutes corrective action within the thirty 30) day period and (ii) the City diligently pursues such action until the default is remedied provided such remedy shall occur no less than sixty (60) days after notice is received. b) Subject to the further provisions of this Article IV, during the occurrence and continuance of any event of default hereunder, the City or Borrower, as the case may be, shall have the rights and remedies hereinafter set forth in addition to any other remedies herein or by law provided: i) Right to Bring Suit, Etc. The City or Borrower, with or without entry, personally or by attorney, may proceed to protect and enforce its rights by a suit or suits in equity or at law, whether for damages or for the specific performance of any covenant or agreement contained in the Series 2022 Note or this Loan Agreement, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable remedy, as the City or Borrower shall deem most effectual to protect and enforce any of its rights or duties hereunder; provided, however that all reasonable costs incurred by the City or Borrower under this Article shall be paid to the City or Borrower by the Borrower or City, respectively, on demand. ii) Waiver of Events of Default. If after any event of default occurs and prior to the City or Borrower exercising any of the remedies provided in this Loan Agreement, the Borrower or City, as the case may be, will have completely cured such default or the City or Borrower has waived such default, then in every case such default will be waived, rescinded and annulled by the City or Borrower by written notice given to the Borrower or City. No such waiver, annulment or rescission will affect any subsequent default or impair any right or remedy consequent thereon. Section 4.2. Remedies Cumulative. No remedy herein conferred upon or reserved to the City or Borrower is intended to be exclusive of any other remedy or remedies provided herein. The 13 4854-2813-5735.5 remedies set forth in this Section are the sole and exclusive remedies of the City against Borrower under this Loan Agreement. Section 4.3. Delay or Omission Not a Waiver. No delay or omission of the City or Borrower to exercise any right or power accruing upon any event of default shall impair any such right or power, or shall be construed to be a waiver of any such event of default or an acquiescence therein. Section 4.4. Waiver of Extension, Appraisement or Stay Laws. To the extent permitted by law, neither the Borrower nor the City will during the continuance of any event of default hereunder insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Loan Agreement; and the Borrower and City hereby expressly waive all benefits or advantage of any such law or laws and covenants not to hinder, delay or impede the execution of any power herein granted to the City or Borrower, respectively, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Section 4.5. Remedies Subject to Provisions of Law. All rights, remedies and powers provided by this Article may be exercised only to the extent that the exercise thereof does not violate any applicable provision of law in the premises, and all the provisions of this Article are intended to be subject to all applicable mandatory provisions of law which may be controlling in the premises and to be limited to the extent necessary so that they will not render this Loan Agreement invalid or unenforceable under the provisions of any applicable law. Section 4.6. Rights of the City. If there shall be pending proceedings for the bankruptcy or for the reorganization of the Borrower under the United States Bankruptcy Code or any other applicable law, or in case a receiver, trustee, or custodian shall have been appointed for the property of the Borrower, or in the case of any other similar judicial proceedings relative to the Borrower, or to the creditors or property of the Borrower, the City shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount owing and unpaid pursuant to the Loan Agreement and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the City allowed in such judicial proceedings relative to the Borrower, its creditors, or its property, and to collect and receive any moneys or other property payable or deliverable on any such claims, and to distribute the same after the deduction of its charges and expenses; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized to make such payments to the City, and to pay to the City any amount due it for compensation and expenses, including reasonable counsel fees and expenses incurred by it to the date of such distribution. Section 4.7. Waiver of Events of Default. If after any event of default shall have occurred under this Loan Agreement and prior to the City or Borrower exercising any of the remedies provided in this Article, the Borrower or City, as the case may be, shall have completely cured such default, such default may be waived at the discretion of the City or Borrower and, if so waived, shall be rescinded and annulled by the City or Borrower by written notice given to the Borrower or City, respectively. 14 4854-2813-5735.5 Section 4.8. Limitation of Liability. The City agrees and acknowledges that Borrower's representations, warranties, covenants, agreements and performance obligations under this Loan Agreement are limited to and apply exclusively to the operations of Borrower at the Project site and any determination as to whether Borrower is in default of this Loan Agreement will be limited to Borrower's operations at the Project site. Section 4.9. Force Majeure. A party will not be deemed to be in default or otherwise in violation of any term of this Loan Agreement to the extent such party's action, inaction or omission is the result of Force Majeure Event (as defined below). The City and Borrower agree to use commercially reasonable efforts to promptly resolve any Force Majeure Event that adversely and materially impacts their performance under this Loan Agreement. A force majeure event pauses a party's performance obligation for the duration of the event but does not excuse it. "Force Majeure Event" means any event or occurrence that is not within the control of such party or its affiliates and prevents a party from performing its obligations under this Loan Agreement, including without limitation, any act of God; pandemic; act of a public enemy; war; riot; sabotage; blockage; embargo; failure or inability to secure materials, supplies or labor through ordinary sources by reason of shortages or priority; labor strike, lockout or other labor or industrial disturbance whether or not on the part of agents or employees of either party); civil disturbance; terrorist act; power outage; fire, flood, windstorm, hurricane, earthquake or other casualty; any law, order, regulation or other action of any governing authority; any action, inaction, order, ruling moratorium, regulation, statute, condition or other decision of any governmental agency having jurisdiction over the party hereto, over the Project or over a party's operations. End of Article IV) 15 4854-2813-5735.5 ARTICLE V. IMMUNITY Section 5.1. Immunity. No covenant or agreement contained in this Loan Agreement shall be deemed to be a covenant or agreement of any member of the City, the Commission or the Redevelopment Commission or of any officer or employee of the City, the Commission, the Redevelopment Commission or their legislative and fiscal bodies in his or her individual capacity, and neither the members of the City, the Commission, the Redevelopment Commission nor any officer or employee of the City executing the Loan Agreement shall be liable personally on the Loan or be subject to any personal liability or accountability by reason of the Loan. End of Article V) 16 4854-2813-5735.5 ARTICLE VI. SUPPLEMENTS AND AMENDMENTS TO THIS LOAN AGREEMENT Section 6.1. Supplements and Amendments to this Loan Agreement. The Borrower and the City may from time to time enter into such supplements and amendments to this Loan Agreement as to them may seem necessary or desirable to effectuate the purposes or intent hereof. End of Article VI) 17 4854-2813-5735.5 ARTICLE VII. DEFEASANCE Section 7.1. Defeasance. If the Loan is funded and repayment of the Series 2022 Note is forgiven pursuant to the terms of this Loan Agreement, then and in that case, all property, rights and interest hereby conveyed or assigned or pledged shall revert to the Borrower, and the estate, right, title and interest of the City therein shall thereupon cease, terminate and become void; and this Loan Agreement, and the covenants of the Borrower contained herein, shall be discharged and the City in such case on demand of the Borrower and at its cost and expense, shall execute and deliver to the Borrower a proper instrument or proper instruments acknowledging the satisfaction and termination of this Loan Agreement, and shall convey, assign and transfer or cause to be conveyed, assigned or transferred, and shall deliver or cause to be delivered, to the Borrower, all property, including money, then held by the City together with the Series 2022 Note marked paid or cancelled. End of Article VII) 18 4854-2813-5735.5 ARTICLE VIII. MISCELLANEOUS PROVISIONS Section 8.1. Termination by -Borrower. Borrower has the right to terminate this Loan Agreement for any reason or no reason by delivering notice to the City at least 5 business days prior to the desired termination date. Section 8.2. Dispute Resolution. The Borrower and the City ("Parties") shall use their best efforts to resolve quickly and informally any disputes that could impede performance of the Parties' obligations under this Loan Agreement. If the Parties are not able to resolve a dispute through such informal efforts, the dispute shall be resolved by mediation in accordance with the Indiana Rules of Dispute Resolution. Such mediation shall be a condition precedent to a Party commencing litigation against the other Party. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana, without giving effect to its conflict of law rules. Any litigation commenced by a Party related to or arising out of this Agreement must be filed in the state courts of St. Joseph County, Indiana. The Parties further consent to the personal jurisdiction by said courts over it and hereby expressly waive, in the case of any such action, any defenses thereto based on jurisdictions, venue or forum non conveniens. Section 8.3. Confidentiality. Borrower acknowledges that portions of this Loan Agreement and the materials, communications, data and information related to this Loan Agreement may constitute public records subject to disclosure under the State's public records laws and agrees that the City may disclose such portions of this Loan Agreement and the materials, communications, data and information related to this Loan Agreement as required by law, provided that the City gives Borrower prior written notice sufficient (in no event less than 7 calendar days) to allow Borrower to review any request for public record and make a recommendation to the City concerning its response to any request for public records related to this Loan Agreement. Section 8.4. Information Security. The City agrees to use reasonable physical and technical measures to maintain the security of all electronic and tangible records relating to this Loan Agreement. Section 8.5. Loan Agreement for Benefit o_ f Parties Hereto. Nothing in this Loan Agreement, express or implied, is intended or shall be construed to confer upon, or to give to, any person other than the parties hereto, their successors and assigns and the holder of the Series 2022 Note, any right, remedy or claim under or by reason of this Loan Agreement or any covenant, condition or stipulation hereof; and the covenants, stipulations and agreements in this Loan Agreement contained are and shall be for the sole and exclusive benefit of the parties hereto, their successors and assigns and the holder of the Series 2022 Note. Section 8.6. Severability. If any one or more of the provisions contained in this Loan Agreement or in the Series 2022 Note shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein, shall not in any way be affected or impaired thereby. 19 4854-2813-5735.5 Section 8.7. Limitation on Interest. No provisions of this Loan Agreement or of the Series 2022 Note shall require the payment or permit the collection of interest in excess of the maximum permitted by law. If any excess of interest in such respect is herein or in the Series 2022 Note provided for, or shall be adjudicated to be so provided for herein or in the Series 2022 Note, neither the Borrower nor its successors or assigns shall be obligated to pay such interest in excess of the amount permitted by law, and the right to demand the payment of any such excess shall be and hereby is waived, and this provision shall control any provisions of this Loan Agreement and the Note inconsistent with this provision. Section 8.8. Addresses for Notice and Demands. All notices, demands, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated below. The City and the Borrower may, by written notice given by each to the others, designate any address or addresses to which notices, demands, certificates or other communications to them shall be sent when required as contemplated by this Loan Agreement. Until otherwise provided by the respective parties, all notices, demands certificates and communications to each of them shall be addressed as follows: To the City: City of South Bend, Indiana 227 W. Jefferson Blvd, Suite 1400 South Bend, IN 46601 Attention: Executive Director of Community Investment With a copy to: City of South Bend, Indiana 227 W. Jefferson Blvd, Suite 1400 South Bend, IN 46601 Attention: Corporation Counsel To the Redevelopment Commission: To the Borrower: With a copy to: South Bend Redevelopment Commission 227 W. Jefferson Blvd, Suite 1400 South Bend, IN 46601 Attention: President The South Bend Chocolate Company, Inc. 3300 W. Sample Street South Bend, IN 46619 Attention: President Indiana Dinosaur Museum Inc. 24820 U.S. Highway 20 South Bend, IN 46628 Attention: Executive Director Ice Miller LLP One American Square, Suite 2900 Indianapolis, IN 46282 Attention: Lisa Lee 20 4854-2813-5735.5 Section 8.9. Successors and Assigns. Whenever in this Loan Agreement any of the parties hereto is named or referred to, the successors and assigns of such party shall be deemed to be included and all the covenants, promises and agreements in this Loan Agreement contained by or on behalf of the Borrower, or by or on behalf of the City, shall bind and inure to the benefit of the respective successors and assigns, whether so expressed or not. Section 8.10. Counterparts. This Loan Agreement is being executed in any number of counterparts, each of which is an original and all of which are identical. Each counterpart of this Loan Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed but one instrument. Section 8.11. Governing Law. It is the intention of the parties hereto that this Loan Agreement and the rights and obligations of the parties hereunder and the Series 2022 Note and the rights and obligations of the parties thereunder, shall be governed by and construed and enforced in accordance with, the laws of the State. Section 8.12. Third -Party Beneficiary. The parties hereto acknowledge and agree that the terms of this Loan Agreement may be enforced by the Redevelopment Commission. The Redevelopment Commission shall be deemed to be a third -party beneficiary of this Loan Agreement. Except as provided in the foregoing sentence and as specifically set forth herein, nothing in this Loan Agreement is intended to confer any rights or remedies under or by reason of this Loan Agreement on any person or entity other than the parties hereto and their successors and permitted assigns. End of Article VIII) 21 4854-2813-5735.5 IN WITNESS WHEREOF, the City has caused this Loan Agreement to be executed in its name by its authorized officers and has caused its corporate seal to be hereunto affixed, and the Borrower has caused this Loan Agreement to be executed in their names, all as of the date first above written. THE SOUTH BEND CHOCOLATE COMPANY, INC., an Indiana corporation Mark Tamer, President INDIANA DINOSAUR MUSEUM INC., an Indiana nonprofit Printed: Title: 22 4854-2813-5735.5 ATTEST: Dawn Jones, City Clerk Attest: I0 Troy Warner, Secretary CITY OF SOUTH BEND, INDIANA James Mueller, Mayor Daniel Parker, City Controller ACKNOWLEDGED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, as Third - Party Beneficiary Marcia Jones, President This instrument prepared by Lisa A. Lee, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282. 23 4854-2813-5735.5 EXHIBIT A-1 FORM OF INDIANA DINOSAUR MUSEUM INC. TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE SERIES 2022A NOTE Issue Date: November , 2022 Original Principal: Up to [$1,700,000] Maturity Date: [November , 2030 Interest Rate: [3.28]% FOR VALUE RECEIVED, the undersigned, Indiana Dinosaur Museum Inc. ("Borrower"), a nonprofit corporation incorporated and existing under the laws of the State of Indiana and authorized to do business under the laws of the State of Indiana, hereby promises to pay to the order of City of South Bend, Indiana ("City"), in immediately available funds, the interest and principal due under the Loan Agreement, dated as of November 1, 2022, between the City and Borrower ("Loan Agreement"), upon maturity, to extent all or a portion of the principal and interest payable under this Series 2022A Note is not forgiven pursuant to the Loan Agreement, at such place as the City may direct, in immediately available funds based upon the outstanding principal amount drawn on this Note, which shall not to exceed [$1,700,000]. In certain events and in the manner set forth in the Loan Agreement, payments due under this Series 2022 Note are entitled to forgiveness. This Series 2022A Note is issued pursuant to the Loan Agreement, and is entitled to the benefits, and is subject to the conditions thereof. The Borrower's obligations under this Series 2022A Note are subject in all respects to the further provisions of the Loan Agreement. This Note is the Note referred to in the Loan Agreement and is subject to, and is executed in accordance with, all of the terms, conditions and provisions thereof, including those respecting prepayments. In any case where the date of payment hereunder shall not be on a Business Day (as defined in the Loan Agreement), then such payment shall be made on the next succeeding Business Day with the same force and effect as if made on the date of payment hereunder. All terms used in this Note which are defined in the Loan Agreement shall have the meanings assigned to them in the Loan Agreement. Remainder ofpage intentionally left blank.] 4854-2813-5735.5 IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed and attested by its duly authorized officers or representatives. Dated the Issue Date set forth above. INDIANA DINOSAUR MUSEUM INC., an Indiana nonprofit corporation LIM Printed: 4854-2813-5735.5 EXHIBIT A-2 FORM OF THE SOUTH BEND CHOCOLATE COMPANY, INC. TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE SERIES 2022B NOTE Issue Date: November , 2022 Original Principal: [$1,000,000] Maturity Date: November, 2030 Interest Rate: [3.28]% FOR VALUE RECEIVED, the undersigned, The South Bend Chocolate Company, Inc. Borrower"), an Indiana corporation incorporated and existing under the laws of the State of Indiana and authorized to do business under the laws of the State of Indiana, hereby promises to pay to the order of City of South Bend, Indiana ("City"), in immediately available funds the interest and principal due under the Loan Agreement, dated as of November 1, 2022, between the City and Borrower ("Loan Agreement"), upon maturity, to extent all or a portion of the principal and interest payable under this Series 2022B Note is not forgiven pursuant to the Loan Agreement, at such place as the City may direct, in immediately available funds based upon the outstanding principal amount drawn on this Note, which shall not to exceed [$1,000,000]. In certain events and in the manner set forth in the Loan Agreement, payments due under this Series 2022B Note are entitled to forgiveness. This Series 2022B Note is issued pursuant to the Loan Agreement, and is entitled to the benefits, and is subject to the conditions thereof. The Borrower's obligations under this Series 2022 Note are subject in all respects to the further provisions of the Loan Agreement. This Note is the Note referred to in the Loan Agreement and is subject to, and is executed in accordance with, all of the terms, conditions and provisions thereof, including those respecting prepayments. In any case where the date of payment hereunder shall not be on a Business Day (as defined in the Loan Agreement), then such payment shall be made on the next succeeding Business Day with the same force and effect as if made on the date of payment hereunder. All terms used in this Note which are defined in the Loan Agreement shall have the meanings assigned to them in the Loan Agreement. Remainder ofpage intentionally left blank] 4854-2813-5735.5 IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed and attested by its duly authorized officers or representatives. Dated the Issue Date set forth above. THE SOUTH BEND CHOCOLATE COMPANY, INC., an Indiana nonprofit corporation Printed: Title: AV!i I`. it .k-)':, -. 4854-2813-5735.5 BILL NO. 22-57 BILL NO. 22-53 Steve Hensley purchased M & M Core and changed the am r~i&t ¢tv,i(s_:w 'igi@.mfffle LICENS E APPLICATION FOR -SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SO UT H BEND , IND IANA MUNICIPAL COD E SECTI ON -4-5~ fn vv1 N LW C)wriQ. / OLD NfM'JE, .J-II I I. A PPLICAT ION TYPE Check One : New __ / ____ Renewal ______ _ A. Sc ra p Metal Dealer __ / __ Junk Dea ler __ V __ Recycl ing O p eration._ ___ _ II. BUSINE SS DATA A . Bus iness Name : --=CS_-r....:::e..:....v :_;_z_ 1 s __ E_11_1fi_1_P_r_: 5_(...::5 ______________ _ B. Business Add r ess : _J'----'-.:/ o'-9,__=-S_bc.,_!_(_-/.;._("1..,_clC'--e"----------------- City : 5ocJl 0<0d Stat e :_~~fl ___ Zi p : qu,1l/ C. Mailing Address (I f d ifferent from above): _ ...... 3-'/...,1==l '-"tJ-=--<f.-"_· /,....._ _________ _ Cit y : L5f?o1-\r State : _'L=ll ____ Zi p : L/,l 7[0 D. Bu siness Telephone Number: _t;L-7,..._'-1.t.........i.,_["--"-?--=-J~0....:7...,,I ____________ _ E. Business Fax Number: ______________________ _ F. E-Mail Address: )((11 z:, f t; V (zV1iJ.,vu l o,fl G. Zon ing of Proposed Business Location :_ I. H. Lot Si ze of Premises : LP Ci <..fl • ___ .:...;;;.;____,_ ________ ___.,<->,..-'-1-'=-=-><---.;._:p_.:-..>_,_ __ I. Type of Fe.,Pctng Used :. __ ,.,,_l;...;f'-<>i'-'-J ___________________ _ J. Is t-h'e Property Owned o r Le ase d by t h e A pp licant:,___:c,.._2-=0 .:...:n _.,.-e."""d _________ _ 1. Name of Ow ner if Property is Leased:. ________________ _ 2 . Bus in ess A d d ress of Owner:. ___________________ _ Please Cont inue to Page 2 (back of sheet) Not A pproved _____ _ Reason ______________________________ _ 1 f<E ZONING DEPARTMENT APPROVAL CODE ENFORCEMENT APPROVAL Michelle Adams From: Michelle Adams Sent: To: Wednesday, May 18, 2022 10:06 AM Gerard Ellis Subject: Scrap Metal Dealers Hi Gerard, I hope your morning is starting of well! I was wondering if the remaining Scrap Metal Dealers (SMD) have been inspected yet? If not, can they be made a priority? SM D's applications, per ordinance, are supposed to go to the City Council within 10-days of receiving the applications. Before I can send the applications to the council, I need to receive all the department recommendations. 1.Alternative 2 LLC-700 W. Chippewa Ave . S-h.\J \ e 5 2._.M.-&--M--eore ULC -3J.09 s. Gertrude St. 3.SMS Pauls Auto Yard -3300 S. Main St. Greatly appreciated, Miclie«e ..'Aaams City of South Bend Business License Administrator Department of Community Investment 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 574)235-5912 1 SOUTH BEND FIRE DEPARTMENT APPROVAL SOUTH BEND POLICE DEPARTMENT APPROVAL Fil ed in Cl e k's Office NOV O7 2022 For all municipal business l icense questions, cont act : City of So uth Bend • Ord inance Vlo lati n Bureau 227 WestJefferson Blvd • Suite 455 •South Bend , Indiana 46601 • 574.235 .6052 • F: 574 • .,J .... ,.........,... IN cx~;Jc;+~:,,,------1t--' Q.K 3 3 4-~ '$ aco.w LIC ENSE APPLI CATION FOR -SCRAP METAL DEALERS/JUNK DEALERS/R ECYCLING OPERATIONS CITY OF SO UTH BENO , IN DIANA MUN ICIPAL CODE SE CTION -4-51 I. APPLICATION TYPE Check One : New ______ Renewal ______ _ A. Scrap Meta l Dea ler__._;(...._. __ J1Jnk Dea ler __ __ Recycling Operat ion ~r~--- II. BUS INESS DATA A. Busines s Name: () S SC g ~ · <2.-c :,C fr N j B. Business Address : //2, / 0 C ,; ~ Ave... City : 50\.JTu fs~ State : --C ~ Zi p : 7" &,6,2.. ~ C. Mai ling Address (If different from above): 'T 7 .s? 'Sr. Rd Is S.~v~ City : .AJA S~ v , ~ State: ~ Zi p: •--t' ;> y·y-· i7 D. Business Telephone Number: .~>c./'-S r(o -g' VC ~ E. Business Fax Number: _____________________ _ F. E-Mail Address : /71 Mdre. J'.i?.1 $ ' cfe.rac:) . C-0..,..,,__ G. Zoni ng of Propo se d Bu si ne ss Lo catio n:___ .Indu.~-l I A.l H. Lot Size of Pr em ises : [ 0 C\ C L! S Q.R 4 .-35 , (d)O ~. -~± • I. Type of Fe ncing Used : ___ ,,,,,.., __ r-_~ ........ ---------~------ J. Is th e Property Owne d or Leased by the App lica nt : ___ O_w __ 1v_J _______ _ 1. Name of Owner if Property is Lease d :. _______________ _ 2. Business Address of Owne r=----------------c':FY~+.h' Pl ease Con ti nue to Pag e 2 (back of sheet) 0 For Office Use Only Ap plicatio n Fi led MAR 7 2022 l.lfire Dept. Ap p ro v al MAR 2 3 202 2 Applicatio n Fee Paid MAR O7 2022 ~inq Dep t. Ap proval MAR U 8 2022 Sent to Dept . MA R O 7 ... 2 .... 02 .... 2~- .... V .... Code Enfo rcement _____ ~--.-~...,..,...,...,,...- 0 .... Police Dept . Cr ime Prev . Approva l NAR1 l 2022 Common Counci l Approval~~----- license Num benS'etf :U>,,.'.?.~ -{)05 license Fee Paid ___________ _ Not Approved ____ _ Reason _____________________________ _ 1 BILL NO. 32-22 ir: C:!erk's Office I U 5 2022 City of South Bend I',VIN M. JONES CITY C;r..s;% SOUTH BEND, INBOARDOFZONINGAPPEALS July 6, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 316 N Olive St. Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 11, 2022, Council meeting and set it for public hearing at your August 8, 2022, Council meeting.The petition is tentatively scheduled for public hearing at the August 1, 2022, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: To allow for an autobody shop. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, v& 7 Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1 227 W.Jefferson I South Bend, IN 466011 574-235-7627 1 www.southbendin.gov/zoning eadli n i 5, --a-0 5 2-022 N M.JONES Cityof South Bend 30tJTHBEf ,{ Jefferson - Suite 14005 Bend. I N 46601BOARDOFZONINGAPPEALS zoning@southbendin.gov Petition Property Information Tax Key Number: OAS —SC)a-E — 07 0 Address: 4) / 0 4. . I Owner: i 1 r rT le-2— Zoning: Choose the current district r Project Summary: W cx a C 1 & r v) 0"U 0 jJ.. J-1 Requested Action 1K Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Inform_ ation) Site Plan drawn to scale Filing Fee Clerk's Office f Y' U 5 ?022 iil-JONES C:11'0LERK, SOUTH BEND, IN rr-f rKs Uttice 0 5 2022 r _` ' yK, SOUTH SEND, IN Criteria for Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria.1) The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare, because: W e- W ill +e Wor It ,,x KE + de • 44 c P d a e 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: vV p W ,t C- I I aw ( k C7Ivt, o, k--.t/ A"', 0- rC-c-k ( ooK 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because:S S'e t dc S 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because:7kg -,f o-O,er Autovi-I VC bvs ;hesseS c)( 10 vJ O((J" e C 0 V 2 Y7 d + ohs cha Ct +.e + tea ;v S -o S Clerk's Office I ," JN K JONES Criteria for Decision Variance(s) -if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: V'f H W no 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: T C, er-0 Q 1 1Ct w I C:e. S= 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Filed in Clerk's Office JUL 0 5 2021? DAWN M.JONES CITY CLERK, SOUTH BEND, IN Contact Property owner(s) of the petition site: Name: A o Address: Name: Address: Name: Address: Contact Person: 1Name.- Address: PQ) 14 661 Phone Number: 5 40 ^ V1)6V-_N E-mail: \ C_5 Cht/'()ril l;Qc` r—` Cpy`1 By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner(s) Signatures: Gf 1 E w•• 1 filed in Clerk's Office iUL 0 5 2022 DAWN M.JONESCITYCLERK, SOUTH BEND,IN s ;5OUTH 4'4;. 1316 COUNTY-CITY BUILDING PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 y DACE 1865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR Filed in CIr;l'„'s Office BOARD OF PUBLIC WORKS December 14,2021 SEP 9 DAWN M. JONES Mr. Christopher Boardman CITY CLERK, SOUTH BEND, IN 1015 Good Place South Bend, IN 46616 Irishcb222@,hotmail.com RE: Alley/Street Vacation— 1015 Good Place (Preliminary Review) Dear Mr. Boardman: At its December 14, 2021 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would make-access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted an unfavorable recommendation for the vacation of this alley. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance,and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name.If you have any questions about how the alley vacation will affect your property taxes,please contact the Auditor's Office. If you have any further questions, please call this office at(574)235-9251. Sincerely, s/Laura Henslev/Acling Clerk ELIZABETH A.MARADIK GARY A.GILOT JORDAN V.GATHERS JOSEPH R.MOLNAR MURRAY L.MILLER BILL NO. 52-22 u Filed in Clerk's Office 44.:.I U'a SEP 0 9 r' ko, moo r DAWN M.JONES 5 CITY CLERK,SOUTH BEND, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: November 22, 2021 TO: Zach Hurst, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS—ALLEY VACATION APPLICANT: Christopher Boardman LOCATION: 1015 Good Place PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church,school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: Unfavorable—would hinder access COMMUNITY INVESTMENT: Unfavorable 1. The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would not hinder the public's access to a church, school or other public building or place. 4. The vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. FIRE: Favorable POLICE: Favorable Recommendation 0r W File in Cler'k's Office fy STREET/ALLEY VACATION APPLICATION SEP 0 9 ": r."- 2 •rrt -,, ripo)p ' City of South Bend - Board of Public Works J 227 W.Jefferson Boulevard,Ste. 1316 DE Viv r i.ilnEs CITY CLERK,SC ITH (SEND,IN South Bend, IN 46601 Date: 46j5)CDa i Phone#: 6/7 3'c -,da Name: W4/iii,h , A".: AJEmail: j3IIJ d?02 A6/7)-111111 C orl) Property Address: O J 5-6C06 cL , c00i ‘fiS*, iy 06 Applicant property information: 2rResidential Commercial . Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.ColfaxAve&E.LaSalle Ave): c- 6dt„,k.1,v oD-6 P 64-cL--1--- ALy ifze_. 0 4A-c&L-- -1-- vetc X'iL 56071 eve i ,. . t.i, y rr G i t Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes ll.No Does the existing alley provide garage access to other property owners? 0 Yes (g No Does the alley receive daily traffic excluding your own use? Yes ®No Would the vacation hinder public access to any of the following:a church, 0 Yes xj No school,or any other public building or place? Reason for street/alley vacation and proposed use,;_ f ri-//tom IS Nt1IU . Vs l/!U`/(hg S 1- Thj c AKL'_ To Arc 4,0 iA VI&/4- is A-cplt,1---o F eitL R ty 7t-S f u w 4- go c 4-Qs6,a,Q iti 6 dfrnc0Y1 (_ ve.,466 p-kry.A map MUST be provided highlighting the area you would like to vacate with this application. NIS ANNeA\ber`Nee-'n Q..\vec SineACk-Ove.Y q ket. Framed, e\oaplace -lo RV,, c+ OFFICE USE ONLY: €t W a`1") vatk wD`% -WV J ' ko $14\el Board Recommendation: Yes dNo CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS Elizabeth A.Maradik,President Jordan V.Gathers,Member v ate- nu,,.y 7)2.-14', Gary A.Gilot,Member Murray L.Miller,Member 01 dL.\,ila, ./11:1:5 Joseph R.Molnar,Member Attest: Clerk Date: December 14,2021 F;lc d P.17V9 ice S r11111Thl SEP 0 g '2:724n O 677\17471C-.37E. cn' .'`` Z.' r y CI_wAK, SOUTH BEND, IN 1865 OFFICE OF THE CITY CLERK DAWN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 9-9-2022 To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s),petition you to vacate: 1. THE ALLEY DESCRIBED AS: Southeast half, 120 feet, of the alley extending between Good Place and Blyler Place roughly parallel to Riverside Drive in the City of South Bend area commonly known as the Keller Park 1111 ISIS 2. THE STREET DESCRIBED AS: Abutting Property Owner(s)Signatures: Name(print): 6Si atu Address Lot Number Christopher Boadman 1015 Good Place 48 1. David Loughlin 9 2017 Riverside Drive 49 2. 3. INTEGRITY' SERVICES ACCESSIBILITY L."tlmno Roucraej.PINTO GABRIEL N.MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DepurviDIRECroR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.92211f 574.235.9173 I www.southbendin.gov 184 L,qr p,&—Filed in. '".c3rk s Office BOULEVAR,a PAP J.t' r b1 SrQ/`o f7-, KENO, /4/.044/v.4SErO9f`- ICJo„ .49.5.0L J DAWN M.JONES CITY CLERK, SOUTH BEND, IN • mi.ESE? ayL. iI. i J do, L 7* .. , f.rn v I -F vv„ e ao e eEpi iVr 8 1 •I PAP Itf ilk 40.. a i P e e yeee Z 1 e e o reg e aC: 46 elt* Ittlitti‘riii,*... -A. i tt ijk:.. lza, e e10_7..A' 41111t0e,,,,,, A4110. . . Aill&„ p 4* 111k°7t,%- 04 ilLAIA. 1r# 1)( 16 "4IV. . s a b 1 e , c414714p gl.-I 1 :1. - Q ij . D e ei P1 AGE 6a' O- 7 , 9 /a /• /+ /3 n or lL .7 /L' /e 70 7, 7.1 l3 Se AJ- Ya 3, N T/ 3• ,n6 V I n o.,' tE i•r.grec sr-757w q 3- - e PLAT OF Ber/L ,PARKRK I me ohm/we qbt ns o/ve - of Eirolo ord Pert on odoiy,n to the e,3•of J.aA4 L,.vd, Iyd/ono one,eo/npnxs"-Ad/rock of fond d xr/aed er f//e ws.Ary/NN/.4,a the Sa/thoasf ew-nor oftAe n o1-Arresf fj of see 5.5:Twp 33'N-,f 2E. 74.oe..Nei-IA obi i-,4.ear,/,,. .c/Ac norlAN's?, ofso•d .Ec 3t•./,-,onceOf354ft,rhe soahk line',f Rival-side Driee, fAe Nee o reh sew,werto/.nj MAe sou/44wssyev j Ate of R'c'a,-r/da Or/re ods7bnre of 773a / once•on o 710•Wire to the egAt a/Ne'fhesgath evash/e f //No of Rlvers/da O,7re i./eon'ee ofJl7.Bi/,-' ,,,,,. reo/roY,yenY still,il-v,roe'.e-o ,,-h NW.Oar,Zy dnc y!,QlrersdeOtteod/s/Inre of/9406y eY thence en o 2°.30'/8"covet'to the/ef)' sr'///Sony'he s etAwestei,,s/line of R3Nera de O-ne•...,tone' ot/sf99feM7^to foe.4xntheosYerfrlineoftheArolleyeweof/NOed/own B/rd, thence soetA/es/erg•obny Me sevY4 .eler/fine of fhe,/k er.frof ti"oo/%wn 6/.d/ o4stoMr of/bs9SEIfern'/D/ftfae7er//a/• of-/ su/tA ease*Hy l, r + e/q ef'ojj fp/r/ d , t line ofTho I1 e-o ,easti-of 043T/or 8/ Thence-'3Nh 9/3rr9 I'ttheerst//se of the O//e car f'of Kers Iv Blr 4nc wP biA 7`'° /y r{ l,../ q, ..t4e.rorrA/in r of tsy e A rho wrsf 44-n7;dJee.3f ad.-4,N../s89•H at tb Me Ne ofetc. TAe Plot ers Iv/ ts /93/O a pour ,, .'t,yM /id 3p/vs/neThesixofrine/err end ,Ae w dr4 of in* s/ere a/s and e//ys,s/norvCed onthe pier'/trice Y end deo/,mo Is of * V. 77r,Sheets endoNys ore hero by.d,dxe%d to tnepeb/,e for!/s.es paac Rey/oyes ono Y N/ON 7,'gUST COMPANY © 1: 5 C a Jo,*.so, ...rr.Lo 7STATEOF /ND/ANO SS' Edyor 4.Kai . a..•v.4.7.lCOUNTYOF92.-esEPA PenoNo omoece d I./rore Neo a no/0,17 p/dbc/n one' —rand S/."w ee d eor.rr7}. C aaekton me r•...s.,.r ooze el/5,,,,-1,Ke/,y Seere r . Cry op'*he INNoN Timms t Cera nandoc•En.w/i.y d Me ex ee Neen of fAe le?p nN9 plot.yN'?AE7J ,r,, hand fed n,* -n/sea/Y/Tis do At./rb / 1 f' of Y8O my Coar.>./saon oat/no, 7/or/g/933 THELMA G,WP o,4/2 430LY'LY ENTERED FoR TAAAT/ON e4PO, R0yEla P14.-4.7r.rw.,.G 4+•-- 4Moon-/Sae r•Y.4/t067" Marg 1930 l'd/t M E Oarvn3?`arepl c/ /bona a/.,..0 s•.. a 1-'" 44'. p,F r 9 o a..T 5•/a 9iNJ. way COLE,ff e,L exo.wten-so UMWANK Droa, soar,,eawo•ian*'+a 1 r PO3NnTO Kai ER S I.,.. .... Atio...illi C %F.._75'-°-?) . , 1 400" -rf b T 10140AO Sz 7) Si 4 oma 1111; ,r o -- ro I Sig 9 d 400 o0 4440k111 t ot a. crk a gam' QA . Li S. 04‘ 430 4‹::::) 11 14110•.. ,..... s-c-4+ ib O I 40111000,11 iii* 44* 7 4° QL... 156: 4006 1011., : 44(k4ii ‘ 7 1141111111 I t- r-ii: Ak 4- 00. . ° f,. ibioo.. 5 q Illtii:1 d' 511: 11 : 1 :.. f51.- .• 440 41100o. 7'1' 1411111 litlib sa s a" 6 i/_ a 4c 6 SEP pg -` TO: City of South Bend, IN, St.Joseph County FROM: BOARDMAN, LOUGHLIN, LEWIS&LIU DAWN s JONFS DATE: July 9, 2022 CITY CLERK, SOUTH BEND, IN RE: Alley Ceding Please accept this memorandum of understanding and agreement between the homeowners listed below as the owners of homes adjacent to both sides of the southeast half of the alley extending between Blyler Place and Good Place roughly parallel to Riverside Drive in the City of South Bend area commonly known as the Keller Park Neighborhood.The terminus ends of the ceded alley would be at Good Place and ending at the current rear property line of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place. Please note Exhibit A. This proposal is intended to be permanently legally binding for the current and future homeowners of the four properties listed below. The objective and intent are to permanently close the above referenced alley and cede the alley to Christopher Boardman to become part of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place subject to the following conditions. The three alley adjacent property homeowners will have permanent easement right of way to use the alley to access their property as will all utility providers who will also have the right to install and maintain any utility poles, lines, pipes, etcetera in the ceded area as may be required. The alley's gravel-based service will,within two years of the date of this document, be replaced with pavement or concrete. The new pavement or concrete will be level with the current alley driveway on PARCEL NUMBER:71-03-35-180-004.000-026 commonly known as 2021 N. Riverside Drive and the new pavement or concrete will be sloped to drain toward Good Place. All building codes and setback requirements will be adhered to along the new property lines of PARCEL NUMBER:71-03-35-180-015.000-026 commonly known as 1015 Good Place. All cost associated with this matter will be the responsibility of Christopher Boardman. It is understood by all four property owners listed below that it is the intent of Christopher Boardman to build a garage at the rear of his property which may in part set on the referenced ceded alley property. All four parties listed below are in favor of the above outlined proposal for their common good and without any financial exchange. It should be noted that since the City of South Bend has ceased trash and yard waist pickup in the city's alleys and therefore this proposal would have no effect in the city's waste pickup, however would make it much easier for the four involved property owners to move their trash bins to the street for pickup. The city has also stopped maintaining this alley and again the proposed outlined change would greatly improve the appearance of the section of alley involved and the respective property values. The remaining properties adjacent to this alley system will not be impacted by through access to the rear of their properties as the northwest half of the alley extending between Blyler Place and Good Place would remain unchanged and open and intersect with the open alley at the rear of the homes on Good Place and Blyler Place. In fact,there is utility pole blocking any potential traffic from turning from the Blyler Place and Good Place alley to the alley requesting to be ceded. Again, please note Exhibit A as well as the attached photographs. This proposal is not unprecedented in the city nor in the Keller Park area as the alley two blocks north of the alley at issue,from Riverside Drive to Inglewood Place at the rear of the homes on Academy Place and Woodlawn Blvd has been abandoned by the City of South Bend and is impassable by vehicles. Page 1 of 2 19k,rs :tf? r-7 ,9.,f`+S Officei f i SEP U927. CHRISTOPHER BOARDMAN Dk\AN (v'.JONES 1015 GOOD PL CITY CLERK, SOUTH BEND, IN SOUTH BEND, IN 46616-1943 E 16 FT LOT 47&ALL OF LOT 48 Boulevard Park PARCEL NUMBER:71-03-35-180-015.000-026 DAVID M AND VICKIE L LOUGHLIN 2017 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 49 Lot 49 Boulevard Park Add PARCEL NUMBER:71-03-35-180-005.000-026 CALVIN&ELIZABETH LEWIS II1 „"L feXAR 2021 N RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 50 Replat of Boulevard Park Add PARCEL NUMBER:71-03-35-180-004.000-026 JIANBO LIU 1- 2025 RIVERSIDE DR SOUTH BEND, IN 46616-1948 Lot 51 Replat of Boulevard Park Add PARCEL NUMBER:71-03-35-180-003.000-026 Page 2 of 2 5.;',... axing D;s- rctei- , i i I q Z t ' a. c i=-7128413 o t c - >>a 0,, Li c_.) i CL ZY cci7-1 26413/ ` ' .Q W sj o I f.. k r' o L Uf1 •,, 7126413 e-i 712540 c.//'-~, N. c•I F 6 k` 712413ori. Y1 N;26413 rt. D 1\ N QJ V / k\ 726413' , V V r Or/ 91/ I\' 7 ' CL N Ir 2126.4,13 f •LII j /,/ t i 2'6429 0 / t C a) o17 1- 172'-6gs"2 ” oto moi' r 0 7126582} jH s 4., l 126413 t7 12134134niu 7 12641`3 c ns 120 -0 f 7126413 2 N c 7 ek _ ......5 t-•- Mai ws 1 Enable Google Translate davevicki@comcast.net From: davevicki@comcast.net Sent: Thursday,July 14, 2022 2:34 PM To: Laura Hensley'; 'Chris Boardman' Subject: RE:City of South Bend Board of Public Works Attachments: Boardman Alley Cede.docx;Alley Cede Memo Signatures.pdf; Exhibit A Alley.pdf;Alley Varance Cede Photo#1.pdf;Alley Varance Cede Photo#2.pdf Laura and Chris,attached are copies of the original documents that I will be hand delivering to you Laura this afternoon. Given the fullest endorsement of all four property owners for the vacation and ceding of the alley at issue to Christopher Boardman per the attached submitted memorandum and attachments and the continued unchanged traffic pattern in the alley system at the rear of the homes of Riverside Drive from Good Place to Blyler Place as well as the unchanged alley at the rear of the homes between Good Place and Blyler Place there should be no issues that the vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient, nor that the vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. On the behalf of the Keller Park Neighborhood neighbors with homes adjacent to the alley at issue,thank you for all of your efforts in this request and please contact me if I may provide any further assistance on Chris Boardman's behalf in his absence. Thanks, Dave David M. Loughlin 2017 Riverside Drive South Bend, IN 46616 574-234-6927 H 574-220-9536 C davevicki@comcast.net From: Laura Hensley<lhensley@southbendin.gov> Sent: Monday,July 11,2022 8:16 AM To:Chris Boardman<irishcb222@hotmail.com> Cc:davevicki@comcast.net Subject: RE:City of South Bend Board of Public Works Good morning,Chris, We are here Monday-Friday 8:00 a.m.to 4:30 p.m.You can drop it off or email if that is easier. Hope you're having a good Monday! Office From:Chris Boardman<irishcb222@hotmail.com> Sent: Monday,July 11, 2022 7:28 AM SEP c 9 To: Laura Hensley<lhenslev@southbendin.gov> W Cc:davevicki@comcast.net DAWN M—JONES Subject: Re: City of South Bend Board of Public Works CITY CLERK,SOUTH BEND,IN Good morning Laura, We had spoken in person back in April in your office regarding my alley vacation request and with the assistance of my neighbor Dave Loughlin (whom was present with me when we met you) we have collected the additional information per your direction. Since I do not live in South Bend full time, Dave has agreed to assist in delivering the paperwork. Please let us know when would be a good time to stop by with the paperwork and maybe answering a few more questions. I really appreciate all your help and if there is anything you need please do not hesitate to call me at 617-312-2211. Thank you, Chris Fi.'a4 r—n,.l,,i j Cffice From: Laura Hensley<Ihenslev(a southbendin.gov> Sent:Tuesday, December 14, 2021 12:48 PM SEP c g To: lrishcb222@hotmail.com<Irishcb222@hotmail.com> Subject:City of South Bend Board of Public Works P..... .__ L _. C;.. ,1. . SC BE ND, IN Hello, Attached you will find a letter and signed documents pertaining to the December 14, 2021, City of South Bend Board of Public Works Meeting. Please read the letter attached. **There may be extra documents attached to the file,this is for your records only.** Hope you have a wonderful day! s Laura Hensley Administrative Assistant i : Department of Public Works t .., ;i 574)235-5927 Ihenslev@southbendin.gov City of South Bend 227 W.Jefferson Blvd.,Ste.1316 South Bend,IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above.Any dissemination,distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway,waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines,and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost,destroyed,arrive late or incomplete,or contain virus.Therefore,the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. IMPORTANT NOTICE!This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above.Any dissemination, distribution,copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway,waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines,and as such, please notify the sender separately by fax of any message 2 containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost,destroyed,arrive late or incomplete,or contain virus.Therefore,the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard-copy version. SE? C9 DAWN JONES CITY CLERK,SOUTH BEND,IN 3 01------., (-7- 7 p i„ _ if- 1:s----r--7.,----••;•-- M./ .. :7, AI--,....e..., ---) 4,-;,.....i.j.00 „,-....----------jev, i , A., CA' Alf) ck1:34 1.-4, /,', ' 1-••• : ---__ 1), t4. 42.•,... '14,i. 1 - 0.•1 44 , \ 4, , `57 1-rL i • --\-\r i I Ir 1 1 1- v/'4, 4,44,,1419w. -- j 00 7 , 3 v. 1 I 0 le 6\\'. • z• , 111 . k 0 _ t,..., p. 1 • A . 0),,1/41:0:'. ip 1t7-1 c° • 7 ,ir. INT-vv., - i '• .. ..4), c 127j. 0%.,, lj 1 . 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J. v. vLlT)•si tr., . , ‘ , r r I 1 I ,1/40 • brc).•,_• i c) v., \), 0,1 _ __,.., ,, m ) A )1. oc? cri ti '1 - r ii 7-- i N P`—' t 14. 11- 4''d-- 1--k. / 1//'4%IP : Aft 7 t/ , /-x, driv 1- yieLlt, t h.T u 14 * i , ,,,, .a. AP %,..,..... , - 7,,-' i, w ,_. 1:,,,, 1: 4:. , V .:._...,:..,...7.7 .., .......;:. ... . 4"...-.. . rin M___, - ,'itc,.,1..:• 4f.:7,4! - • I.:•,%.:,.... '--' , :is,,. . . j .,T . . .:.4.. r , : 41 fl I 1 C 4 wl rs X04.,4. It 09/0e1/2022 i 1 Looking northwest from Good Place to alley at issue and Blyler Place in background. 1015 Good Place on left in photo and 2017 Riverside Drive on right in the photo. rte., + , 1, M i 1 1 I \1 I 1YAi M t 1 / t.,:f.), It ktflitilWCi• 7 .-. `I. : •* i1 y' t /, I 1.74 ''' tit n, 1 Z 4.y.`. •y .1 tom' y•- i •„7s.` 1,•.,46..:..; 4. r . ' 3% 2 7,J. i:. 1 Y •,?.- . Ife 09/08/'2022 1„. 4 0, . • s, - .. 1 rd. is rl{. :' Y"''':-'4'.'. 1.114m Looking northwest from the alley at issue with the end of the vacation/ceding to stop at the end of the chain-link fence at the rear of 1015 Good Place on the left in the photo and 2025 Riverside Drive on the right in the photo. Note the utility pole in the alley easement preventing turns in alleyway from or onto the section of alley requested to be vacated. i'l l.' !v., /• `[ „r,J'fiY_ 4v} ,fir•' '' F. i.,,,, Si, . ,.. i ',. , ,i,„ .,,..'!,, - ..' b. ,..... 4.._.. ,. e i e.,,,;., ii. q.....A.,_. ... r IMS J Y. ' it i fir. G s f ri', ' - a. v „;„}".e.,,. Looking southeast in alley at issue toward Good Place with 1015 Good Place on right in photo behind utility pole in alley easemeit. Note right turn traffic pattern to alley behind homes on Good Place and Blyler Place which would remain open if alley at were closed. Iy L 'l' 1. . •..le; y ` , icy ` Y :;A II tip -Ali.4 ` .' " 37' ASi'w' 4 ' ' 4Y 4 I" , 1' 1 ,.4,.'-V.' fb 1 k t L" i 6, Air r ` . Z_ XML 7, i' ` s d it ' } V `i S .- .•--,_: . w f.ma C' C LI CO C'' i J` ji t i rn.+f'/. Yr" . yo qtr F j 1 4.?-, JJaf 1. y I:t ` /"Sr) J.: 1 ,8i,rc Looking south in alley at issue toward 1015 Good Place and utility pole in alley easement preventing tures in alleyway from or pito the section of alley at issue. MARGO B LOVEING JIANBO LIU 2005 RIVERSIDE DR LAND TRUST 1015 Culver PI 2025 Riverside Dr 1151/2 N Main St South Bend IN 46616 South Bend IN 46616 South Bend IN 46601 _ 7022 0410 0001 3219 3117 7022 0410 0001 3219 3049 7022 0410 0001 3219 3025 JANET MORRIS DAVID M AND VICKIE L LOUGHLIN DAVID A VANWANZEELE 1126 Blyler PI 2017 Riverside Dr 116 Mansfield C South Bend IN 46616 South Bend IN 46616 Boca Raton FL 33434 _ 7022 0410 0001 3219 3124 7022 0410 0001 3219 3056 7022 0410 0001 3219 3018 JENNIFER TOMAINO VINCE J BARLETTO CALVIN &ELIZABETH LEWIS 6131 Fairway Ave 1019 Culver Place 2021 N Riverside Dr Dallas TX 75227 South Bend IN 46616 South Bend IN 46616 7022 0410 0001 3219 2592 7022 0410 0001 3219 3063 7022 0410 0001 3219 3001 KIM CARTAINO& RYAN JTWROS AUSTIN &SARAH LOVEING RONALD E ALT 39 Ilex Dr 1023 Culver PI 1114 Blyler Place Newbury Park CA 91320 South Bend IN 46616 South Bend IN 46616 _ 7022 0410 0001 3219 2608 7022 0410 0001 3219 3070 7022 0410 0001 3219 2646 MARK MAKOWSKI DEBRA S SPETH DAVID M GILBERT& MEAGAN E DRONE PO Box 11262 222 E Walter St 2029 Riverside Dr South Bend IN 46634 South Bend IN 46614 South Bend IN 46616 7022 0410 0001 3219 2547 7022 0410 0001 3219 3087 , 7022 0410 0001 3219 2998 RUSSELL R MICINSKI BRYAN E EVER STACIE PRIEBE 1130 Blyler Place 2001 Riverside Dr 2033 Riverside Dr South Bend IN 46616 South Bend IN 46616 South Bend IN 46616 7022 0410 0001 3219 2554 7022 0410 0001 3219 3094 7022 0410 0001 3219 2981 CHRISTOPHER BOARDMAN TROPIC LIFE INVESTMENTS LLC 1015 Good PI 1727 Elsie St South Bend IN 46616 Green Cove Springs FL 32043 7022 0410 0001 3219 2561 7022 0410 0001 3219 3032 r'ffice, SEP 0 9L CITY CL.LHN,SOUTH BEND, IN SUBSTITUTE BILL NO. 62-22 1316 CouNTY-C[TY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, ImiANA 46601-1830 Mr. Daniel A. Machiela 824 N. Hill St, South Bend, IN 46617 dmachiela.nd.edu PHo /-2a5=925} FAx 5741235-9171- i CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 13, 2022 RE: Alley/Street Vacation — Alley at 824 N. Hill Street (Preliminary Review) Dear Mr. Machiela: SEP 18 IN At its September 13, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley pending the applicant hiring a bonded and permitted contractor to remove the existing alley entrance apron between sidewalk and N. Hill Street and installing a new six (6) inch curb across the opening within thirty (30) days. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 46 floor of the County -City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions, please call this office at (574) 235-9251. Sincerely, s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARAD& JosEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MUR.RAY L. MILLER LFiFled in Clerk's OfficeeSEP % ; 202_.2 BILL NO. 62-22 AWN M. JONES ORDINACE NO. OUTTH BEND, NN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION — N -S ALLEY STARTING FROM HILL ST TO FIRST E- W ALLEY BETWEEN CORBYAND KALORAMA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: N -S ALLEY STARTING FROM HILL ST TO FIRST E -W ALLEY BETWEEN CORBY AND KALORAMA hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 82 4182 0 NHILL ST, DANIEL AND JODYMACHIELA 816 NHILL ST, BECKY ADAMS Section IV. The purpose of the vacation of the property is: THIS UNIMPROVED ALLEY HAS NOT BEEN IN USE FOR DECADES, WITH EASY ACCESS FOR ALL ADJACENT PROPERTIES PROVIDED THROUGH THE BACKALLEY. ALL PARKING AND GARAGES ARE OFF OF THE BACK ALLEY. 820 AND 824 N HILL HAVE NOW BEEN COMBINED FOR A SINGLE HOME. BOTH ADJACENT PROPR TIES WOULD LIKE THE ALLEY TO BE SPLIT AND USED FOR GREENIYARD SPACE. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock . M. Approved and signed by me on the M. Dawn M. Jones, City Clerk Office of the City Clerk day of James Mueller, Ma} City of South Bend, 2022, at o'clock in Clerk's Office SEP ?8 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: July 20, 2022 TO: Matt Longfellow, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) f SEP D, SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: Daniel A. Machiela LOCATION: 824 N. Hill St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: No objections to the vacation pending the applicant hires a bonded and permitted contactor to remove the existing alley entrance apron between sidewalk and N. Hill Street, then install new 6" curb across the opening. Recommending this should take place within 30 days after City Council approval of the vacation. COMMUNITY INVESTMENT: Recommended for approval subject to removing the approach and reestablishing curb FIRE: Favorable POLICE: Favorable recommendation a IT" UG STREEVALLEY VACATION APPLICATION r- City of South Bend - Board of Public Works S` 227 W. Jefferson Boulevard, Ste. 1316pa,r r ,v . JUi South Bend, I N 46601 LCIaLCLERK, SOUTH BEND, IN se, Date: July 14, 2022 Name: Daniel A. Machiela Property 824 N. Hill St. Phone #: 616-416-6859 Email: dmachiel@nd.edu Address: Applicant property information: 0 Residential Commercial Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave &E. LaSalle Ave): The alley is currently unimproved and lies between two homes on the east side of N. Hill St. between Corby and Kalorama. N S a ey starting from Hi St to first E W a ey between Corby and Ka orama Is your property adjacent to the alley of interest? [] Yes No Do you own all adjacent properties to the alley of interest? Yes Q No Does the existing alley provide garage access to other property owners? Yes R No Does the alley receive daily traffic excluding your own use? Yes 0 No Would the vacation hinder public access to any of the following: a church, Yes Q No school, or any other public building or place? Reason for street/alley vacation and proposed use: This unimproved alley has not been in use for decades, with easy access for all adjacent properties provided through the back alley. All parking and garages are off of the back alley. 820 and 824 N. Hill have now been combined for a single home. Both adjacent properties would like the alley to be split and used for green/yard space. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 1*1 a Elizabeth A. Maradik, President Gary A. Gilot, Member 4 7".10-4 Murray L. Miller, Member Yes . No 11'/1Z`' Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: September 13, 2022 a QlE:k,r-, X410 LAo `:i l o c] _ o c w m 14 Corby Blvd Corby Blvd Corby Blvd Corby Blvd Corby Blvd U z x O N Cp P z x 9 z olLfld" p fO v 1 / Kalorama St Kalorama St I z O C in a z N r0c N m a 01 r0 S. N 6 Kalorama St Corby SEP DA''\ CITY CLERK, I-L—ND, IN Corby Blvd Corby Blvd Corby Blvd Corby Blvd Corby Blvd U z x O N Cp P z x 9 z olLfld" p fO v 1 / Kalorama St Kalorama St I z O C in a z N r0c N m a 01 r0 S. N 6 Kalorama St Corby SEP 8 CITY CLERK, SO-; -, SEND, IN 94 Kisha Hoover 803 N. Hill St. South Bend, IN 46617 Alan Weber & Tracy Allega 809 N. Hill St. South Bend, IN 46617 Zachary Spaulding 813 N. Hill St. South Bend, IN 46617 Brandon Prince 808 N. Hill St. South Bend, IN 46617 Becky Adams 816 Hill St. South Bend, IN 46617 Kevin & Cathlin Coughlan 814 N. Hill St. South Bend, IN 46617 SEP Oa i/i - J CITY CLt; sn, Si erEND, IN Century Builders- 230 W. Catalpa Dr. Mishawaka IN, 46545 ---- 820 N. Hill St. South Bend, IN 46617 516 Corby LLC- 10 Hanover Square New York, NY 10005 ----- 516 Corby Blvd. South Bend, IN 46617 520 Corby Blvd. South Bend, IN 46617 827 N. Hill St. South Bend, IN 46617 524 Corby Blvd. South Bend, IN 46617 602 Corby Blvd. South Bend, IN 46617 Stefan Borysiak & Irene Arellano PO BOX 441 South Bend, IN 46624 ----- 821 N. St. Louis Blvd, South Bend IN, 46617 South Bend Realty LLC 6 Fairland Farms Rd Kinderhook NY, 12106 ------ 815 N. St. Louis Blvd South Bend, IN 46617 Richard & Elizabeth Harte 804 N. Hill St. South Bend, IN 46617 Susan Papagiannis 16635 Bennington Ct. Granger IN 46530 ----- 805 N. St Louis Blvd. South Bend, IN 46617 Century Builders INC. 230 W. Catalpa Dr. Mishawaka IN 46545 ---- 824 N. Hill St. South Bend, IN 46617 Michael Fischer 53195 Ridgewood Dr. South Bend, IN 46637 ---- 825 N. St. Louis Blvd. South Bend, IN 46617 Latoya Miller 833 N. St. Louis Blvd. South Bend, IN 46617 Mills Family Trust — 504 Via Media Palos Verdes Estates CA, 90274 ----- 809 N. St Louis Blvd. South Bend, IN 46617 SEP Oscar Barajas & Kathryn Wehrli 817 N. St. Louis St. South Bend, IN 46617 Bradley Rouse & Michael Papagiannis 828 N. Hill St. South Bend IN 46617 Lc—,=C[L-E-Ii 11' 11' SOUTH BEND, IN Melinda Marlow 1935 N. Oakley Ave. Chicago IL 60647 ----- 831 N. St. Louis Blvd, South Bend IN 46617 Berg Family Trust 14556 Old Farm Rd Granger IN 46530 ----- 827 N. Hill St. South Bend, IN 46617 Michael Voll 823 H. Hill St. South Bend, IN 46617 BILL NO. 22-54 BILL NO. 22-55 BILL NO. 22-56 Filed in Cityk'S CffiCe Nov 0 9 2022 City of South Bend DAWN M.JONE BOARD OF ZONING APPEALS CITY CLERK.SOUTH BEND,iIN November 9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1405 Portage Ave Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your November 14th, 2022, Council meeting and set it for public hearing at your December 12th,2022,Council meeting.The petition is tentatively scheduled for public hearing at the December 5, 2022, South Bend Board of Zoning Appeals meeting.The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Request a Special Exception to allow for the property to operate a tobacco/hookah/trope shop. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 46601 1574-235-7627 I www.southbendin.gov/zoning BILL NO. 69-22 Filed in Clerk's Office BILL NO. 69-22 NOV 0 9 2022 ORDINANCE NO.DAWN M.JONES CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405 PORTAGE AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the property to operate a tobacco/hookah/vape shop. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1405 Portage Ave. 018-2182-6831 In order to permit Tobacco/Hookah/Vaping SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President - South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'cicck m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office NOV 0 9 2022 l DAWN M.JONES CITY CLERK,SOUTH BEND,IN 2 - City of South Bend 227 W. Jefferson - Suite 1400S BOARD OF ZONING APPEALS south Bend, IN 46601 zoning@southbendin. ov RECEIVED NOV 072022 Petition for Variance - Special Exception Property Information Tax Key Number:71-03-35-360-020.000-026 Address: 1405 Portage Avenue, South Bend ,INDIANA 46616 Owner: Peak Investment and asset Management, LLC Zoning: NC Neighborhood Center E' Project Summary: To open a Tobacco/hookahNaping shop , at the existing 1 story building 1675.5 sq ft (Surveyenclosed) Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:21-06.01(k)(20) 0 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: To allow cur fczrh=tet .t14 4 eS vV 5 cror1 pa.coJ• Z f 1 dYY tin e. (In rwv.-rv. lAS p YI o M1 Z Filed in Clerk's Office NOV 0 9 2022 DAWN M.JONES CITY CLERK, SOUTH BEND,IN Required Documents Completed Application (including Criteria for Decision Making and Contact InformationElSitePlandrawntoscaleP ID El Filing Fee 41 goo NOV '1 2022 Per-122z_ Criteria for Decision Making Special Exception -if applicableASpecialExceptionmayonlybegranteduponmakingawrittendetermination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1)The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare, because: Vaping products are battery operated devices that heat an e-liquid or e-juice,The heated e-liquids are available in different flavours mixed in a glycerol and propylene glycol solution that contain varying levels of nicotine. Vaping is less harmful than smoking. People trying to quit smoking using e-cigarettes have a higher quit rate than normal nicotine replacement therapy. Hookahs are waterpipes that are used to smoke specially made tobacco mixtures through a water-filled chamber. A user then inhales the smoke through a tube and mouthpiece. Hookah users often perceive it to be less harmful than smokina cigarettes. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: We recently acquired this property from Speedway, LLC a known corporation . The facility has been closed for many years . In fact, new business will help in enhancing the property value of nearby properties. Besides this it will generate more revenue for the state and county and will create 2 to 3 jobs for local community. Legislatures of the State of Indiana approve this kind of business with proper licensing. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The proposed use will do more good than harm.The proposed use will help the community to quit smoking and create a better health environmentt 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: NC neighborhood center provides provision of special exception for use of Tobacco/Hookah and vaping shops.This clearly indicates that proposed use is compatible with recommendations of the Comprehensive plan . . Criteria for Decision Making Pariance(s) -cif applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health,safety, morals and general welfare of the community, because: 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: 1 Contact Information Property owner(s) of the petition site: Name: Praveen K Gulati.- Peak Investment and Asset Management, LLC Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Name: Ellora Gulati- Peak Investment and Asset Management, LLC Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Name: Address: Contact Person: Name: Praveen K Gulati Address: 5199 Gardenia Court West Lafayette, Indiana 47906 Phone Number: 765-412-0756 E-mail: praveeng217@gmail.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. 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L! swam setutarelueco"Nalco gla•rn 10•14,11•0lars•t ••••••••.•••••••••••••••••••••••• p wV r.stmbr.w.swmta•O•alm••ow•.m r11110111. ust omcsromemm.rm.n&vioem Lverram...omrms,m.®,.v.mwarmer wrw• g e a BPI4aq-raw.e•••Ana= m..:ma.ri Filed in Clerk's Office NOV 0 9 2022 City of South Bend i DAWN M.,JONES BOARD OF ZONING APPEALS CITY CLERK, SOUTHBEND, IN November 9, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 3409 S Saint Joseph St. Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your November 14th. 2022, Council meeting and set it for public hearing at your December 12th, 2022, Council meeting. The petition is tentatively scheduled for public hearing at the December 5, 2022, South Bend Board of Zoning Appeals meeting.The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing., The petitioner provided the following to describe the proposed project: Request a Special Exception to allow for the property to operate a residential care facility. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W.Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov,'zoning BILL NO. 70-22 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana File! in Cl-,.k's Office NOV 0 9 2022 DAWN M.JONES CITY CLERK.SOUTH BEND,IN 2 - City of South Bend 227 W. Jefferson - Suite 1400S 6601 BOARD OF ZONING APPEALS South Bend, IN zoning@southbendin.gov I I EP 1 6 2022 Petition for Variance - Special Exception Property Informatio 18-7199-7286 Tax Key Number:) Address: 3409 S SAINT JOSEPH ST, SOUTH BEND IN 46614 Owner: JAPHINE PATEL Zoning: U1 Urban Neighborhood 1• Project Summary: To convert a Three(3) unit dwelling house into Residential Care Facility Requested Action E Special Exception/Use Variance— complete and attach Criteria for Decision Making Use requested: Residential Care Facility Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents E Completed Application (including Cri • esisiiontact Information) Site Plan drawn to scale Filed in C!Trk's Office ElD Filing Fee P : ' . , NOV 0 9 2022 SEP 1 6 2022 DAWN M.JONES Per CITY CLERK, SOUTH BEND,IN Criteria for Decision Making Special Exception if applicable„- _ A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed use of the property will continue to adhere to sanitary and waste management practices, continue observing the community's moral standards, maintain the property in acceptable and recommended living standards for occupants, and provide appropriate and recommended parking features to enhance convenience of other road users. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use is in conformity to permitted uses of zoning district U1 Special Exceptions for residential care facility. On the valuation aspect, the property will be maintained to reduce all forms of depreciation. Additionally, the highest and best use will not change thereby minimising adverse effects on adjuscent property values. 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: It is permitted under principal uses 21-06.01(j)(8) of Residential Care Facility as defined under Section 21-06.01(j)(8). 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: It maintains community moral living and aims to provide supported living services to elderly and aging population. Criteria for Decision Making Variance(s) -if applicable ti/PT State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4)The variance granted is the minimum necessary, because: 5)The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s)of the petition site: Name: DAPHINE PATEL Address: 409. S SAINT JOSEPH STREET OUTH BENu 1N 46b14 Name: Address: Name: Address: Contact Person: Name: PETER JUMBE Address: 409 S SAINT JOSEPH ST O1J 1 ArsEND, IN 4bb14 317 701 8312 Phone Tether. iusoncare( gmail.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner(s) Signatures: a9_ 0, Oil N O 1 N0c2 N yr. .t.c2 zi ILI w.e JD 1 SII tt . I C• CO Lam- rN iiii44021;060100 L. i i- C4 ZQ(ED Frallows1 LL F— Fellows.St an X,.ti. n R / 1 Z p c I- 0 11 VI 4.,z • * Ails' I to- , ,, 11 t. :- .. i w) al .ur lk 1 ' M 1 • ... ,.,• , - t r_ St°Joscpli.St 4•, rn m •urr ,i ...fir S St Josr phlSt F criuj c- CC iiZ 1: g Avc Whitco nlfAve K X Whitcurtb'Avi Whitcomb Avti O. roc .«.. ..., W r1 14' 11 G i - 1 a f r riot ' t-. nddi:p st Addison nddi.^.or;Si nJdr,;<rr a ti: , o. 4 1111 ..., a*/), 4u4 C u NF ti i c c mWLL Y a 1.W m BILL NO. 71-22 BILL NO. 72-22