HomeMy WebLinkAboutResolution No. 214 (Accepting Transfer of Roads)
RESOLUTION NO. 214
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF SOUTH
BEND, INDIANA BOARD OF PUBLIC WORKS
WHEREAS, the South Bend Redevelopment Authority (the “Authority”) has been
created pursuant to Indiana Code 36-7-14.5 as a separate body, corporate and politic, and as an
instrumentality of the City of South Bend, Indiana (the “City”), is authorized to hold and dispose
of real property pursuant to Indiana Code Section 36-7-14.5-12(a)(4) and (5), and is authorized
to receive such property from another governmental entity pursuant to Indiana Code Section 36-
1- 11-8; and
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board of
Public Works") exists pursuant to I.C. § 36-4-9-5, holds real property owned by the City of
South Bend, Indiana (the "City") pursuant I.C. § 36-9-6-3, and is authorized to transfer such
property to another governmental entity pursuant to I.C. § 36-1-11-8; and
WHEREAS, the City has determined to undertake certain (a) local public improvement
projects in the River West Development Area consisting of all or any portion of the following: (i)
River Bridge Connector (plus Madison) to South Bend-Notre Dame Trail which consists of
Phase 3 of the trail project (the “Trail Project”) to construct a pedestrian bridge to connect the
trail from the University of Notre Dame campus to the City’s downtown, and any related
improvements; (ii) Linden improvements which consists of streetscape improvements in
coordination with the Martin Luther King Jr. Dream Center, from College to Birdsell, including
improvements for bikes and pedestrians, and any related improvements; (iii) Kennedy Park
improvements which consist of natural and aquatic improvements to the existing park and any
related improvements to increase accessible recreation resources on the west side of the City; (iv)
South East Park improvements which consist of improvements to the park, including splashpad
improvements and playground resurfacing, and any related improvements; (v) Martin Luther
King Jr. Dream Center improvements which consist of exterior park redevelopment, including
without limitation splashpad, playground, basketball court, other related park amenity
improvements, and any related improvements; (vi) Rum Village Park Plan improvements which
consist of enhancements to the historic pavilion and the Park including exterior restoration and
stabilization of the fieldstones, broad arches, and courtyard, and any related improvements; and
(vii) all projects related to any of the projects described in clauses (i) through and including (vi)
(clauses (i) through and including (vii), collectively, the “River West Improvements”), (b) other
local public improvements in the River West Development Area to support and provide
incentives to foster the development of the Beacon Integrated Health and Lifestyle District
project, said project having been awarded up to a $11,780,000 Regional Economic Acceleration
and Development Initiative grant by the South Bend-Elkhart Regional Development Authority,
which local public improvements include, without limitation, site work, construction of up to two
(2) public parking garages and a skyway improvement, and any projects related to the foregoing
(collectively, the “Beacon District Improvements”), and (c) local public improvement projects in
the River East Development Area consisting of all or any portion of the following: (i) LaSalle
Streetscape which consists of a road diet with a focus on bike and pedestrian improvements from
Martin Luther King Boulevard to Eddy Street and any related improvements; (ii) Hill Street Trail
(South Bend Avenue to LaSalle Street) which consists of Phase 2 of the Trail Project to construct
a shared use path and any related improvements to improve bicycle and pedestrian facilities
between the University of Notre Dame campus and the City’s downtown; (iii) South Bend
Avenue (Hill Street to Notre Dame Avenue) and Hill Street Intersection which consists of Phase
1 of the Trail Project to construct a shared use path and any related improvements to improve
bicycle and pedestrian facilities between the University of Notre Dame campus and the City’s
downtown; (iv) Mishawaka Avenue Streetscape Improvements which consist of a road diet and
improved parking from Longfellow Street to Emerson Street, storm sewer separation, and any
related improvements; (v) Coquillard Splashpad which consists of upgrading the splashpad at
Coquillard Park to modern health, safety, and experiential standards, and any related
improvements; and (vi) all projects related to any of the projects described in clauses (i) through
and including (v) (clauses (i) through and including (vi), collectively, the “River East Projects”
and collectively with the River West Projects and the Beacon District Improvements, the
“Projects”); and
WHEREAS, the Common Council of the City has adopted Resolution No. 23-02,
approving of the issuance of the Bonds by the Authority, pursuant to Indiana Code 36-7-14.5-19
and the execution and delivery of the Lease, as approved by the Authority and the
Redevelopment Commission (the “Commission”), pursuant to Section 25.2 of the Act, in order
to provide for the financing of the Projects, all upon the following conditions: (a) the maximum
aggregate principal amount of the Bonds shall not exceed $69,000,000; (b) the Bonds shall have
a final maturity date which is not later than twenty (20) years from the date of their issuance; (c)
the maximum annual lease rental payment during the term of the Lease shall not exceed
$10,500,000; (d) the maximum interest rate on any tax-exempt series of the Bonds shall not
exceed seven and one-half percent (7.50%) per annum and on any taxable series of the Bonds the
maximum interest rate shall not exceed nine percent (9.00%) per annum; (e) the Bonds will be
subject to optional redemption prior to maturity not earlier than five (5) years after the date of
issuance of the Bonds; (f) the maximum term of the Lease shall not exceed twenty (20) years;
and (g) interest on the Bonds may be capitalized or paid from the proceeds of the Bonds for a
period up to three (3) years from the date of issuance of the Bonds based upon the
recommendation of the Municipal Advisor; and
WHEREAS, in order to provide a source of funding to pay the principal of and interest
on the Bonds when due, the Authority and Commission have authorized a form of Lease dated as
of December 19, 2022 (the “Lease”) providing for the lease of certain property in the City as
more fully described in the Lease (the “Leased Premises”); and
WHEREAS, the Authority desires to acquire an interest in the Leased Premises for the
purpose of leasing the Property pursuant to the terms of the Lease; and
WHEREAS, the Board of Public Works holds certain real property located in the City
described in Exhibit A (the "Property"); andWHEREAS, in order to effectuate the bond
transaction, the Board of Public Works desires to convey the Property to the Authority pursuant
to I.C. § 36-1-11-8 and subject to the terms of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT AUTHORITY AS FOLLOWS:
1. The Authority hereby accepts the transfer of the Property from the Board of
Public Works in accordance with I.C. § 36-1-11-8, the Act, pursuant to a quit
claim deed in a form substantially similar to the document attached hereto as
Exhibit A, conveying all of the Board of Public Works’ right, title, and int erest in
the Property to the Authority.
2. The Authority authorizes Joseph Molnar of the City’s Department of Community
Investment to deliver the Deed for recordation to the Office of the Recorder of St.
Joseph County, Indiana and execute any other document necessary to affect the
Authority’s acceptance of the Property from the Board of Public Works.
3. This Resolution will be in full force and effect upon its adoption by the Authority.
Signature Page Follows
ADOPTED at a meeting of the South Bend Redevelopment Authority held on February
10, 2023.
SOUTH BEND REDEVELOPMENT AUTHORITY
______________________________
Ms. Erin Linder Hanig, President
ATTEST:
______________________________
Mr. Rick Klee, Secretary
EXHIBIT A
Quitclaim Deed
Description of Property. All of the City’s interest in all or a portion of the Property which
consists of Portage Avenue from its intersection with Cleveland Road to its intersection with
Angela Boulevard, as more particularly described below:
[The legal description will be included here for the Property prior to recording.]
RETURN TO: AUDITOR’S RECORD:
City of South Bend TRANSFER NO.
227 W Jefferson Blvd., Ste 1400S TAXING UNIT:
South Bend, IN 46601 PARCEL NO. N/A
QUITCLAIM DEED
THIS INDENTURE WITNESSETH THAT Civil City of South Bend, Indiana, by and through its Board
of Public Works (the “Grantor”)
CONVEYS AND QUITCLAIMS TO the South Bend Redevelopment Authority (the “Grantee”), for and
in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which
is hereby acknowledged, the real estate located in St. Joseph County, Indiana, and more particularly
described in attached Exhibit 1 (the “Property”).
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quitclaim Deed on behalf of the Grantor represent and certify
that each has been fully empowered and authorized to execute this Quitclaim Deed and that all action
necessary to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
Dated this ____ day of ____ 2023.
GRANTOR:
Civil City of South Bend, Indiana, by and through its
Board of Public Works
By: ________________________________________
Elizabeth A. Maradik, President
ATTEST:
By: _______________________________________
Theresa M. Heffner, Clerk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this ____ day of
_________ 2022 appeared Elizabeth A. Maradik and Laura Hensley, known to me to be, respectively,
President and Acting Clerk of the City of South Bend, Indiana, Board of Public Works, the Grantor, and
acknowledged the execution of the foregoing Quit Claim Deed, being authorized pursuant to Resolution
No. ______.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
___________________________, Notary Public
Resident of _______________ County, _______
Commission expires: _____________
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by la w. Jenna K. Throw
Prepared by Jenna K. Throw, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601