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Home My WebLink About1 RDC Packet 7.27.23South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Agenda Regular Meeting, July 27, 2023 – 9:30 a.m. https://tinyurl.com/RedevelopmentCommission or BPW Conference Room 13th Floor 1.Roll Call 2.Approval of Minutes A.Minutes of the Regular Meeting of Thursday, July 13, 2023 3.Approval of Claims A.Claims Allowance 7.11.23 B.Claims Allowance 7.24.23 4.Old Business A.None 5.New Business A.River West Development Area 1.Resolution No. 3576 Rescinding Res. No. 3573 and Voiding RDC to BPW Lafayette Large Lot Transfer 2.First Amendment to Real Estate Purchase Agreement (Advantix) 3.Development Agreement (South Bend Youth Hockey) B.Redevelopment General Fund (Pokagon) 1.Budget Request Digital Equity Funding C.River East Development Area 1.Seitz Park License Agreement (Wharf Partners LLC) 6.Progress Reports A.Tax Abatement B.Common Council C.Other 7.Next Commission Meeting: Thursday, August 10, 2023, 9:30 am ITEM 1 South Be n d Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, IN SOUTH BEND REDEVELOPMENT COMMISSION SCHEDULED REGULAR MEETING July 13, 2023 – 9:30 am https://tinyurl.com/RedevelopmentCommission or BPW 13th Floor Presiding: Marcia Jones, President The meeting was called to order at 9:30 a.m. 1.ROLL CALL Members Present: Marcia Jones, President – IP Troy Warner, Vice-President – IP Vivian Sallie, Secretary - IP Eli Wax, Commissioner - IP David Relos, Commissioner – IP IP = In Person V = Virtual Members Absent: Leslie Wesley, Commissioner - V Legal Counsel: Sandra Kennedy, Esq. Danielle Campbell, Asst. City Attorney Redevelopment Staff: Mary Brazinsky, Board Secretary Joseph Molnar, RDC Staff Others Present: Caleb Bauer Erik Glavich Tim Corcoran Rosa Tomas Michael Divita Amy Paul Charlotte Brach Zach Hurst Leslie Biek Alyson Herzig Todd Jensen Brandon Shields Mark Hillman Nicolas Munsen Ophelia Rogers Desmond Upchurch DCI DCI DCI DCI DCI DCI Engineering Engineering Engineering Neighborhoods KCG Advantix COSB Legal Intern ND legal student Resident Resident ITEM 2A South Bend Redevelopment Commission Regular Meeting – July 13, 2023 2.Approval of Minutes •Approval of Minutes of the Regular Meeting of Thursday, June 22, 2023 Upon a motion by Commissioner Relos, seconded by Vice-President Warner, the motion carried unanimously, the Commission approved the minutes of the regular meeting of Thursday, June 22, 2023. 3.Approval of Claims A.Claims Allowance 7.7.23 Upon a motion by Commissioner Relos, seconded by Vice-President Warner, the motion carried unanimously, the Commission approved the claims allowance of July 7, 2023. 4.Old Business 5.New Business A.River West Development Area 1.Budget Request (Coal Line Trail Phase II) Tim Corcoran Presented a Budget Request (Coal Line Trail Phase II). This budget request for $87k is for technical issues with the current phase with cost overruns for rivet removal and swing bollard, also water hookup provision. The main item is due to major flooding in 2018 where the water was coming from outside of the city limits. There is a natural and unnatural drainage pattern. Some of it was a factor of the railroad right away when it was a railroad. This part was not in the original design of the trail, and this was an unknown issue. The city is working to figure out a solution to deal with the drainage that represents approximately $60k. A change order for this project has been issued. Commission approval is requested. Commissioner Relos asked if the waters is doing swales to try to redirect runoff from the old St. Joe High School Football Field. Mr. Corcoran stated yes. When the railroad came in, they built up the railroad and it acts like a dam. The water is running between the condominiums and on along the North Shore homes. There is actually a swale between them that is pretty deep. We later found that some of the pipes that empty stormwater back to the river were clogged and started to fill the area. As you move east, water runoff from St. Joe High School at the softball diamond were a dry creek line in the back. That was being trapped and would overflow during flood events causing a lot of problems for residents along the trail. Commissioner Relos asked if we are trying to direct the water to the river. South Bend Redevelopment Commission Regular Meeting – July 13, 2023 Mr. Corcoran stated yes. Secretary Sallie asked if the $60k was for fixing the water issue. Mr. Corcoran stated yes, that is the city expense, but Notre Dame has pitched in almost $40k to the total cost which is around $90k. This project is an 80/20 match. There is some contingency built in to cover other changes should they come up. Vice-President Warner stated he is familiar with this issue and there are a whole lot of varied factors including the drop from Michigan Street down through the high school to the athletic fields. It is a slope back there. This includes some mysterious drainpipes with water running down the hill. In 2018 they found a few spots to cross over into the alley and into the backyard and homes on Angela. He was out there on Monday, and they are working a couple water lines that they did not anticipate having to deal with. The neighborhood is putting a unity garden where the athletic and softball field is, and engineers are working to get the water line to be able to use there. The neighborhood has been asking for a fix to this water problem for a long time; it is a critical fix. Mr. Corcoran stated that during the flood there was a resident that lived on Angela that took incredibly detailed photos of everything step by step, which helped us. Upon a motion by Secretary Sallie, seconded by Commissioner Relos, the motion carried unanimously, the Commission approved Budget Request (Coal Line Trail Phase II) submitted on Thursday, July 13, 2023. 2. Real Estate Purchase Agreement (KCG) Joe Molnar Presented a Real Estate Purchase Agreement (KCG). This agreement is with KCG development out of Indianapolis. They are looking at a property at 1202 S Lafayette which is south of downtown just a few blocks south of Sample Street. They are proposing a $13M investment on the site which is currently fully RDC owned. They are applying for the 2023 LIHTC credits. The end result would be fifty housing unit apartment building all affordable income restricted split between 30 percent, 50 percent, and 60 percent area median income. They are targeting 55 and up age housing bracket. A senior plus housing unit. A rough preliminary site plan was shown with parking behind the building. Staff proposed a $1,000 purchase price for the property however, the deal would only go through if LIHTC was awarded. It they are not successful in the application we would not be obligated to transfer the property. The agreement anticipates minimum investment of $13M by the developer and fifty housing units must be completed within thirty months of the commencement and closing. Todd Jensen, KCG, Vice-President, Development noted that they are excited to be working with the city on this tax credit application. The city has been very supportive in providing the items needed for the application as well as financial support and an incentive package that scores points on the application giving them the best chance to receive the tax credits. He hopes all goes well at the awards in November 2023. South Bend Redevelopment Commission Regular Meeting – July 13, 2023 Mr. Molnar presented a brief overview of the LIHTC calendar. Council items were presented in June/July 2023. Purchase Agreements in July 2023. Applications submitted to LIHTC by the end of July 2023 with scoring announced November 2023. Upon a motion by Commissioner Relos, seconded by Commissioner Wax, the motion carried unanimously, the Commission approved Real Estate Purchase Agreement (KCG) submitted on Thursday, July 13, 2023. 3.Real Estate Purchase Agreement (Advantix) Joe Molnar Presented a Real Estate Purchase Agreement (Advantix). Advantix is a non-profit based out of Evansville Indiana. This project is a scattered site development project (maps of the sites provided). This LIHTC project will be on thirty-seven separate city owned properties, and it will consist of fifty housing units. The units will be split between thirty percent, fifty percent and eighty percent income restricted to the area median income. The units are spread over quite a few different neighborhoods with the majority of the concentration in the north. There are some in Kennedy Park, City Cemetery, Muessel Grove, LaSalle Park, and these will go through Board of Public Works as they own those properties. The majority of them are small former single-family plots that were picked up through tax sale primarily and other state programs. RDC does own the one singular large site that Advantix is looking forward to in keeping cost down. The BPW purchase agreement was approved last Tuesday. The total project envisions a $12.5M investment. The properties were shown to the commissioners. A preliminary site plan was shown including twelve townhomes, seven facing Lincoln Way West, five facing W Marion as well as the offices for the whole fifty-unit development in the north portion of the property. Advantix plans to use the catalog of well-designed buildings that the city planners have put together. They are looking into a new program so a renter with fifteen years of rent payments could purchase the property. The details are a little rough as no one has gotten to the fifteen years yet. RDC commitments are the property sale of $1,000. There would be no property transfer unless the state approved the LIHTC credits on the RDC site. The trapezoid site has a minimum of $1M investment and a minimum of ten housing units. We do think twelve is a possibility, but we included some flexibility in the plan. Council items were presented in June/July 2023. Purchase Agreements in July 2023. Applications submitted to LIHTC by the end of July 2023 with scoring announced November 2023. Brandon Shields, Broker Division Business Development Manager, Advantix noted it has been a long journey, but the city has been extremely helpful and supportive, and they are grateful for the opportunity. Sometimes scattered sites can be a little tricky, but they look forward to development on these forgotten places throughout the years. South Bend Redevelopment Commission Regular Meeting – July 13, 2023 Commissioner Wax confirmed the timelines, assuming the tax credits are awarded; closing would be before the end of December 2023? Mr. Molnar stated closing would be within six months of the November 2023 award date. The state has restricted timelines of the award for six months for each project to get their financing in line and then to complete the projects within two years. Commissioner Relos asked if the state has defined on the lease to own homes after fifteen years? Is the property deeded to them or is there a balance due that they have to produce as they have the option to buy? Mr. Molnar stated that the state will run the program and it is on a to be determined basis. Mr. Shields confirmed that it is to be determined. Ophelia Rogers, resident, asked when these companies come to South Bend do they bring their own construction crews, or do they use any of the local unions in the city? Mr. Bauer stated that it would depend on the developer. In the case of Advantix, they are from the Evansville Housing Authority, and they do their own construction. They have staff that book throughout the state. As far as KCG goes, they may be looking for builders. Mr. Jensen, KCG, noted they have their own builders, but it is their intention to use local materials and labor. It just makes sense for the projects. Upon a motion by Commissioner Relos, seconded by Secretary Sallie, the motion carried unanimously, the Commission approved Real Estate Purchase Agreement (Advantix) submitted on Thursday, July 13, 2023. 4.MOU (Valerie Loew 2023 – 2028) Joe Molnar Presented MOU (Valerie Loew 2023 – 2028). This is a local artist that has used artifacts from the former Fat Daddy’s building that the city has saved. She creates molds and uses them in her artistic projects. She originally did this in 2021 and the city has formed a good relationship with Ms. Loew. She asked if she could use them again. This agreement states that she would be allowed to use and return the molds as needed in the next five years. She will not hold the molds but use them for brief periods. We are happy to help a South Bend artist. Commission approval is requested. Upon a motion by Commissioner Wax, seconded by Vice-President Warner, the motion carried unanimously, the Commission approved MOU (Valerie Loew 2023 –2028) submitted on Thursday, July 13, 2023. South Bend Redevelopment Commission Regular Meeting – July 13, 2023 5.First Amendment to Real Estate Purchase Agreement (The Monreaux) Joe Molnar Presented First Amendment to Real Estate Purchase Agreement (The Monreaux). This is one of the LIHTC projects from July 2022. This project is a minimum investment of $16M with sixty housing units of which forty-six will be affordable. The award was delayed until February 2023. There are no changes to the commitments, this just extends their timeline to March 31, 2024. Commission approval is requested. Mr. Bauer noted that technically the tax credits will actually be awarded in this coming round. They are guaranteed to be awarded. This gives the developer one additional year. We will be bringing a development agreement before you in the next couple of months, but we are finalizing the negotiations portions. Upon a motion by Commissioner Wax, seconded by Secretary Sallie, the motion carried unanimously, the Commission approved First Amendment to Real Estate Purchase Agreement (The Monreaux) submitted on Thursday, July 13, 2023. 6.Progress Reports A.Tax Abatement 1.Erik Glavich noted that the Common Council confirmed three tax abatements. Two of the abatements were ten-year real property tax abatements for LIHTC projects for both KCG and Advantix. •Confirming Tax Abatement for property located at 1202 S Lafayette Blvd. •Designating Tax Abatement for property located at 1144 Corby Blvd. Five Corners partnering with Holladay property. One for one-hundred eight apartment building and the next is for condo/retail space. The for-sale condo space is not included in the abatements. •Confirming Tax Abatement for property located at 1405 Portage Avenue/Peak Investment and Asset Management, LLC. The old speedway gas station will be torn down and will be building two new retail complexes with six stores. Two stores will be along Portage Avenue. (Portage/Elwood). Macog has funds for storage tank remediation through the state of Indiana. •Confirming Tax Abatement for property commonly known as multiple properties •Designating Tax Abatement for property located at 1901 N. Bendix Drive for Crossroads Solar that almost exclusively hires felons returning to the workplace. They have grown and are at compacity. B.Common Council C.Other 1.Desmond Upchurch, resident, 327 S Francis Street, asked if we have an exact amount of what is affordable. Mr. Bauer noted that it is 80% of the HUD table which is $43,700 per year in income. The rent that is affordable is based on HUD percentages. South Bend Redevelopment Commission Regular Meeting – July 13, 2023 Mr. Upchurch asked are they going to be offset by a certain range? Mr. Bauer noted the HUD housing table starting at the 80% AMI down to the 30% AMI ranges. Mr. Upchurch asked for the exact numbers not the percentages to tell the citizens of South Bend. Typically, a resident does not look at the HUD percentages, they just want to know why their rent amount went up. Mr. Bauer states that each community is different. The AMI for St Joseph County for 60% AMI for a 2-bedroom apartment is $1,053 per month. This is the HUD fair market housing table. 7.Next Commission Meeting: Thursday, July 27, 2023 8.Adjournment Thursday, July 13, 2023, 10:21 a.m. Vivian Sallie, Secretary Marcia Jones, President City of South Bend Department of Administration & Finance Claims Allowance Request To:South Bend Redevelopment Commission From:Kyle Willis, City Controller Date:Tuesday, July 11, 2023 Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and submit them for allowance in the following amounts: GBLN-0059691 $168,298.73 GBLN-0059727 $197,500.00 GBLN-0000000 $0.00 Total:$365,798.73 _______________________________ Kyle Willis The attached claims described above were allowed in the following total amount at a public meeting on the date stated below:365,798.73$ South Bend Redevelopment Commission By:_______________________________ Name: Date: Attest:_______________________________ Name: ITEM 3A Expenditure approval RDC Payments-7/11/23 Pymt Run GBLN-0059691 Payment method: Voucher: Payment date: Vendor# V-00000982 Payment method: Voucher: Payment date: Vendor# V-00001513 Payment method: Voucher: Payment date: Vendor# V-00010599 Payment method: Voucher: Payment date: Vendor# V-00003121 CHK-Total RDCP-00018015 7/11/2023 Name LAWSON FISHER ASSOCIATES CHK-Total RDCP-00018016 7/11/2023 Name SLATILE ROOFING & SHEET METAL CHK-Total RDCP-00018017 7/11/2023 Name Site Design Group, Ltd. CHK-Total RDCP-00018018 7/11/2023 Name Tuesley Hall Konopa LLP Invoice# Line description Due date 202135102230576 PSA for 10% Design Services 7/16/2023 Invoice# Line description Due date 6/16 INV MarMain Roof Replacement 7/16/2023 Invoice# Line description Due date 955606 South Bend Notre dame Urban Trail Design 7/20/2023 Invoice# Line description Due date 59230017A Legal Services -300 E. Lasalle (May invoice) 6/25/2023 Invoice amount Financial dimensions $23,996.33 429-10-102-121-431002- PROJ00000308 Invoice amount Financial dimensions $114,662.15 324-10-102-121-443001- PROJ00000372 Invoice amount Financial dimensions 429-10-102-121-431002-- $3,401.25 PROJ00000378 Invoice amount Financial dimensions $2,588.00 324-10-102-121-431001-- Purchase order PO-0013618 Purchase order PO-0021898 Purchase order PO-0021578 Purchase order PO-0024731 City of South Bend Department of Administration & Finance Claims Allowance Request To:South Bend Redevelopment Commission From:Kyle Willis, City Controller Date:Monday, July 24, 2023 Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and submit them for allowance in the following amounts: GBLN-0060174 $45,872.96 GBLN-0000000 $0.00 GBLN-0000000 $0.00 Total:$45,872.96 _______________________________ Kyle Willis The attached claims described above were allowed in the following total amount at a public meeting on the date stated below:45,872.96$ South Bend Redevelopment Commission By:_______________________________ Name: Date: ITEM 3B Attest:_______________________________ Name: Redevelopment Commission Agenda Item DATE: 7/21/23 FROM: Joseph Molnar SUBJECT: Resolution Rescinding Resolution No. 3573 Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington PURPOSE OF REQUEST: Rescinding Resolution No. 3573 Specifics: On May 25, 2023 the RDC adopted Resolution No. 3573 approving the transfer of 900 S Franklin to the South Bend Board of Public Works for the purpose of developing affordable housing through an agreement with Advantix Development Corporation. The deed had not yet been recorded when a different property was identified to serve as the large site for the Advantix project and the 900 S. Franklin property is no longer needed for the project. This Resolution rescinds Resolution No. 3573 and voids the unrecorded deed. City Staff recommends approval of the Resolution. INTERNAL USE ONLY: Project Code: _______________________________________________; Total Amount new/change (inc/dec) in budget: _______________; Break down: Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________; Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________; Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________ ___________________________________________. Going to BPW for Contracting? Y/N _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION ITEM 5A1 RESOLUTION NO. 3576 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RESCINDING ITS RESOLUTION NO. 3573 AND VOIDING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND BOARD OF PUBLIC WORKS WHEREAS, on May 25, 2023, the South Bend Redevelopment Commission (the “Commission”), governing body of the City of South Bend, Indiana (the “City”), Department of Redevelopment, adopted Resolution No. 3573 approving the transfer of Commission-owned property at 900 S Franklin, South Bend, Indiana (the “Property”), to the South Bend Board of Public Works (the “Board”); and WHEREAS, the purpose of the transfer was for the Board to transfer the Property to an Indiana non-profit and tax-exempt entity under Section 501(c)(3) of the Internal Revenue Code for the purpose of developing affordable infill housing; and WHEREAS, a different property was identified to serve the purpose of developing affordable infill housing and the Commission and Board no longer desire to transfer the Property as a result; and WHEREAS, the quit claim deed executed by the Commission pursuant to Resolution No. 3573 was not presented for recording in the Office of the Recorded of St. Joseph County, Indiana; and WHEREAS, it is anticipated that the Board will adopt a resolution voiding the Commission's conveyance of the Property to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1.Resolution No. 3573 of the South Bend Redevelopment Commission is hereby rescinded. 2.The unrecorded quit claim deed executed pursuant to Resolution No. 3573 is hereby voided. 3.The Commission hereby voids all other commitments related to Resolution No. 3573, with the understanding that the Board will also approve a voiding resolution. 4.This Resolution will be in full force and effect upon its adoption by the Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on July 27, 2023. SOUTH BEND REDEVELOPMENT COMMISSION Marcia I. Jones, President ATTEST: Vivian Sallie, Secretary Redevelopment Commission Agenda Item DATE: 7/21/23 FROM: Joseph Molnar SUBJECT: First Amendment Purchase Agreement Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington PURPOSE OF REQUEST: First Amendment of the Advantix Purchase Agreement to fix scrivener error Specifics: On July 13th 2023, the RDC approved a Purchase Agreement with Advantix Development Corporation for land at Lincolnway West and Marion for the development of affordable housing. The Agreement contained a scrivener’s error indicating the wrong contact information for notices and communications. This First Amendment substitutes the correct contact information. City Staff recommends approval of the First Amendment. INTERNAL USE ONLY: Project Code: _______________________________________________; Total Amount new/change (inc/dec) in budget: _______________; Break down: Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________; Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________; Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________ ___________________________________________. Going to BPW for Contracting? Y/N Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________ _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION ITEM 5A2 {20220643.DOCX} FIRST Amendment to REAL ESTATE PURCHASE AGREEMENT This FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT (this “Amendment”) is made and entered into to be effective as of the 27th day of July, 2023, by and between South Bend Redevelopment Commission (“Seller”), as Seller, and Advantix Development Corporation, an Indiana non-profit corporation, with its registered address being 500 SE 10th Street, Evansville, Indiana (“Buyer”), as Buyer (each a “Party” and collectively, the “Parties”). RECITALS A.Seller and Buyer entered into that certain Real Estate Purchase Agreement, dated effective as of July 13, 2023 (the “Agreement”), for the purchase and sale of certain real property located in the in St. Joseph County, City of South Bend, State of Indiana as more particularly described in Exhibit A of the Agreement (the “Real Estate”). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. B.Seller and Buyer now desire to amend the Agreement in order to provide for an extension of the Closing date thereunder and to address certain other matters, all as set forth hereunder. AGREEMENT NOW, THEREFORE, in consideration of these premises, and the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller hereby agree as follows: 1.Recitals. The recitals set forth above, including each and every recital contained therein, are incorporated into and made a part of this Amendment as though fully set forth herein. 2.Amendments. The Agreement is hereby amended as follows: a) Section 12 (A.): the text following the words “To Buyer” shall be deleted in its entirety and replaced with the following: Advantix Development Corporation Attn: Tim Martin 500 SE 10th Street Evansville, Indiana 47713 3.Entire Agreement; Conflict. Except as otherwise stated herein, all other terms, conditions and agreements contained in the Agreement remain unmodified and in full force and effect. The Parties hereby expressly reaffirm their respective obligations under the Agreement, and unless expressly modified by this First Amendment, the terms and provisions of the Agreement remain in full force and effect. To the extent a conflict exists between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. 4.Capitalized Terms. Capitalized Terms used in this First Amendment will have the same meanings set forth in the Agreement, except as otherwise stated herein. {20220643.DOCX} 2 5.Counterparts; Electronic or Facsimile Transmission. This Amendment may be executed in counterparts which, when combined, shall constitute one instrument. The electronic or facsimile transmission of a signed counterpart of this Amendment shall be binding upon the party whose signature is contained on the transmitted copy. [Signature Page Follows.] {20220643.DOCX} IN WITNESS WHEREOF, Buyer and Seller have executed this First Amendment to Real Estate Purchase Agreement to be effective as of the date set forth above. “BUYER”: Advantix Development Corporation, an Indiana non-profit corporation By: Timothy L. Martin, its sole member “SELLER”: South Bend Redevelopment Commission By: Marcia I. Jones, President Attest: Vivian Sallie, Secretary Redevelopment Commission Agenda Item DATE: 7/25/23 FROM: Erik Glavich, Director, Growth & Opportunity SUBJECT: South Bend Youth Hockey (Ice Box) Development Agreement Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington PURPOSE OF REQUEST: Development Agreement for property located at 1421 S. Walnut Street, South Bend, Indiana 46619 (The Ice Box Skating Rink) SPECIFICS: The Commission will consider a Development Agreement with South Bend Youth Hockey Inc, a nonprofit corporation which owns and operates the Ice Box. The Ice Box will build a new third rink and expand their facilities. This Agreement specifies that (1) the Funding Amount provided by Redevelopment Commission will not exceed $2.0 million and (2) the Private Investment by the Developer will be no less than $9.0 million. The Developer agrees to complete the project by the end of 2026. The Funding Amount will be used to purchase new “chiller” equipment for the new and existing rinks, with the remaining funds to be used for parking lots on the property. Staff recommends approval of this Development Agreement. INTERNAL USE ONLY: Project Code: _______________________________________________; Total Amount new/change (inc/dec) in budget: _______________; Break down: Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________; Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________; Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________ ___________________________________________. Going to BPW for Contracting? Y/N Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________ _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ Approved Not Approved SOUTH BEND REDEVELOPMENT COMMISSION ITEM 5A3 July 27 Redevelopment Commission Agenda Item DATE: July 20, 2023 FROM: Denise Linn Reidl, CIO SUBJECT: Digital Equity Funding Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General *Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. Purpose of Request: Innovation & Technology staff requests the Redevelopment Commission's approval of $100,000 to promote digital equity in South Bend. Specifically, funds will go towards services and equipment to expand South Bend Open Wi-Fi in targeted parks, corridors, and community centers. Sites for Open Wi-Fi expansion and the selection process can be viewed at southbendin.gov/sbow/expansion. This funding will facilitate the tripling of the Open Wi-Fi footprint since 2022 and will enhance community connectivity options for South Bend residents. Please do not hesitate to contact Driedl@southbendin.gov for any additional information. INTERNAL USE ONLY: Project Code: ; Total Amount – New Project Budget Appropriation $_______________; Total Amount – Existing Project Budget Change (increase or decrease) $_______________; Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________; Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________; Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________ _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION ITEM 5B1 1 LICENSE AGREEMENT FOR USE OF REDEVELOPMENT COMMISSION PROPERTY This License Agreement (this “Agreement”) is made on July 27, 2023 (the “Effective Date”), by and between the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment (the “Commission”), and Wharf Partners LLC, (the “Company”) (each a “Party,” and collectively, the “Parties”). RECITALS A.The Commission owns certain real property and improvements located within the River East Development Area of the City of South Bend, Indiana (the “City”), as described in Exhibit A, attached hereto and incorporated herewith, Parcel Key No. 71-08-12-130-008.000- 026 (the “Property”); and B.The Company approached the Commission with its desire to use a portion of the Property, as set forth in Exhibit B, attached hereto and incorporated herewith, (the “Licensed Premises”) for the purpose of constructing and maintaining a restaurant patio open to the general public, and for appurtenant equipment and fixtures so related (the “Company Uses”) while the Company conducts its business in the vicinity of the Property; and C.The Commission is willing to confer a personal privilege to the Company to permit the Company to use the Property for the Purposes, subject to the terms and conditions set forth in this Agreement, pursuant to IC §36-7-14-12.2(a)(3). PROVISIONS OF AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants stated in this Agreement, the Parties agree as follows: 1.License. The Commission grants to the Company a revocable, -exclusive license to enter and use the Licensed Premises, as fully described in Exhibit B, for the Company Uses, while the Company conducts its business in the vicinity of the Property, provided that the Company’s use of the Property is reasonable at all times and comports with the terms of this Agreement and all applicable laws. The Commission, or its authorized representative, reserves the right to specifically designate the location and configuration of the Licensed Premises on the Property that are available for the Company’s use and may modify such location or configuration during the Term (as defined below) upon reasonable notice to the Company. The Company’s license is limited to use of the Licensed Premises for the Company Uses as stated above and the Company may not enter or use any other structure on or other area of the Property for any reason without prior written permission or use the Licensed Premises for any purpose other than the Company Uses defined herein. Company agrees to conduct the Company Uses in a manner that complies with the Americans with Disabilities Act, as amended. 2.Term. The Company’s license to use the Licensed Premises shall be effective starting on July 27, 2023, and continuing until such time revoked by the Commission, or its designee or successor. Upon ninety (90) days’ written notice to the Company at the above- ITEM 5C1 2 mentioned registered office address, the Commission or the Commission’s authorized representative may revoke and terminate the license at any time for any reason, including, without limitation, to accommodate future development of the Property or the surrounding area, as determined in its, his, or her sole discretion. Notwithstanding the foregoing sentence, the Commission or the Commission’s authorized representative may revoke and terminate the license upon thirty (30) days’ written notice in the event there exists any material default of the Company’s obligations under this Agreement. Following such written notice of material default, Company shall be afforded fifteen (15) days within which to cure the default. If the default is not cured within this period, the Commission may terminate the license and demand the removal of any improvements without further notice. 3.No Lease; No Assignment; No estate or interest. The Parties acknowledge and intend that this Agreement is a license and will not constitute a lease of the Property or the Licensed Premises to the Company. This Agreement does not convey any estate or interest in the Property or the Licensed Premises to the Company and does not convey any future promise or option to the Company in any regard to an estate or interest in the Property or the Licensed Premises. Furthermore, the Company will have no right or authority to convey any interest in the Property or the Licensed Premises to any other person or entity. Any attempt by the Company to grant or lease any interest in the Property or the Licensed Premises to any other person or entity will be void ab initio and of no force or effect. The Parties agree that neither this Agreement nor any of the Company’s rights or use of the Property or the Licensed Premises under this Agreement is assignable or transferable, in whole or in part, by Company to any other person or entity, except that the Company may assign this Agreement to an entity which has agreed in writing with Company to perform the Company Uses. The Commission shall receive written notice of any such assignment, together with contact information for the entity performing the Company Uses. Said provision notwithstanding, the Parties acknowledge that the Commission may assign and/or transfer its rights under this Agreement to any other department, division, or board of the City of South Bend, including but not limited to the South Bend Board of Park Commissioners, which may own the Property in the future. 4.No Improvements. Except as contemplated herein and reasonably necessary for the Company Uses, the Company shall not make any changes or improvements to the physical, electrical and mechanical features of the Property and the Licensed Premises. 5.Security. The Company understands and agrees that the Commission shall not be liable for any loss, damage, destruction, or theft of the Company’s property or any bodily harm or injury that may result from the Company’s use of the Property. The Company understands and agrees that it will at all times be solely responsible for the safety and security of all persons, property, and vehicles, including any property contained within the vehicles, on the Property in connection with the Company’s use of the Licensed Premises under the terms of this Agreement. 6. Storage. The Company agrees that it will not store any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the Commission. In addition, the Company will not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the Property. 3 7.Regulations; Other Permits. The Company understands and agrees that it will, at its own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to its use of the Licensed Premises. The Company understands and agrees that it will secure in its own name and at its own expense all other permits and authorizations, if any, necessary for its use of the Licensed Premises in accordance with the terms of this Agreement. 8.Commission’s Use. The Commission retains possession and control of the Property and the Licensed Premises and reserves the right to use the Property during the Term of this Agreement for any purpose, including, but not limited to, general maintenance. The Company remains responsible for the maintenance and repair of all equipment, fixtures, or other property it places in the Licensed Premises. 9.Loss of Use. The Company agrees that full or partial closure and/or loss of use and enjoyment of the Property for a period in excess of 90 consecutive days, would result in harm to the City. The Company acknowledges that, if the work consisting of Company’s initial construction and installation of its facilities suitable for the Company Uses within the Licensed Premises which requires full or partial closure of the Property (“Initial Work”) is not completed within 120 days after the date the Initial Work is commenced, the City may assess a $250.00 per day Property use fee for each day after the 120th day until the Initial Work is complete. Notwithstanding the foregoing, the City agrees that (1) Company’s initial clean-up work will not trigger commencement of the 90-day period for completing the Initial Work, and (2) days where Company is prevented from performing the Initial Work due to circumstances beyond Company’s reasonable control will not count toward the 90-day period. Prior to commencing the Initial Work, Company will provide the City with written notice confirming the Initial Work start date. In the event that the Initial Work is not complete prior to the riverwalk opening to the public, the Initial Work shall not impede pedestrian traffic on the riverwalk or present any safety hazards, as reasonably determined by the City. 10.Abandonment; Revocation of License. The failure of Company to use the Licensed Premises for the Company Uses, shall not be deemed to constitute an abandonment or waiver of the rights granted herein, except as otherwise provided in this paragraph. Should three years pass from the date that this Agreement is executed, and Company has either never used the Licensed Premises or has ceased using the Licensed Premises for a period of 12 consecutive months, the Commission may send Company written notice of its intention to terminate this Agreement. If Company fails to notify the Commission, within 60 days after receiving the Commission’s notice, that Company has plans to resume the Company Uses in the Licensed Premises, this Agreement will terminate without any additional notice required by the Commission or Company. The provisions of this Section shall supersede any termination provisions elsewhere in this Agreement. Company will be responsible for the cost and removal of such unused facilities within six months of the termination of this Agreement under this Section. The Commission reserves the right to revoke this Agreement at any time under the terms of this Section if the Licensed Premises ceases to be used for a purpose which is open to and accessible by the general public without discrimination or based on membership (e.g., a private club) or any other basis. 11.Restoration. To the extent that any portion of the Property is disturbed or damaged in connection with the Company’s use of the Property, including but not limited to the Initial Work, 4 the Company, at the Company’s sole expense, shall restore the Property to the condition that existed immediately prior to such disturbance or damage to the satisfaction of the Commission. 12.Indemnification. The Company agrees and undertakes to indemnify and hold the City and the Commission, and their respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys’ fees, which the City or the Commission may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of the license granted herein by the Commission or the Company’s use of the Property. If any action is brought against the City or the Commission, or their respective agents, employees, successors, or assigns, in connection with the Company’s use of the Property, the Company agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 13. Insurance. The Company, at the Company’s sole expense, shall maintain during the Term of this Agreement commercial general liability insurance covering the Company in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. The Company agrees to include the Commission and the City as additional insureds on any such policy and produce to the Commission a certificate of insurance evidencing the same. To the extent that the Commission or the City is harmed as a result of the Company’s use of the Property, the Company hereby grants the Commission first priority on any proceeds received from the Company’s insurance. Notwithstanding anything in this Agreement to the contrary, neither the Commission nor the City waive any governmental immunity or liability limitations available to them under Indiana or other applicable law. 14.Integration; Amendment. This Agreement supersedes all prior negotiations, understandings, and agreements, whether written or oral, concerning the subject matter of this Agreement and constitutes the Parties’ entire agreement. This Agreement may not be altered except by a written instrument signed by authorized representatives of both Parties. 15.Counterparts; Signatures. This Agreement may be separately executed in counterparts by the Commission and the Company, and the same, when taken together, will be regarded as one original Agreement. Electronically transmitted signatures will be regarded as original signatures. 16. Authority. Each undersigned person signing on behalf of his/her respective Party certifies that he/she is duly authorized to bind his/her respective Party to the terms of this Agreement. 17.Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. [Signature page follows.] 5 IN WITNESS WHEREOF, each Party has executed this Agreement to be effective as of the Effective Date stated above. SOUTH BEND REDEVELOPMENT COMMISSION By: ______________________________ Marcia I. Jones, President ATTEST: ______________________________ Vivian Sallie, Secretary WHARF PARTNERS LLC By: ______________________________ Frank A. Perri______________________, Managing Member SX 100254 SX MARKER 14.45'17.38'VENT687.1' Edge of d e c k 686.75 99.50 6 7 6 . 4 2 G A R . S L A B 6 7 6 . 3 5 R A M P 683.60R x683. 6 1 E X ±683.87'T/O slurry wall686.92'T/O SLAB687.1' T/O WALK 686.92'Edge of Walk686.00' TC685.50' TP686.70' TC 686.20' TP 683.9' TA686.05' T/O PAD683.71' TA686.5' TCGrate/Conc685685 6856856856856876876856846 8 4 6846846 8 3 6 8 3 6 8 6 686 686 68668 6 686687.25 FF. = 100.00 (UNDER CONSTRUCTION)25.7'14.4'12.4' 22 . 7 ' R22.2'R57.2'R1129.7 ' R12.1' 29' 30'13.4'686.0' Patio R45.9'6.9'4.9'15.7'13'25.2' 2.9'5.8'9.3'11.4'9.9'5.5'12.9'27.5' 1.6' 32.6' 1 SCALE 1" = 10' PARTIAL SITE PLAN Copyright C 410516 BUILDING CORPORATION All Rights Reserved These drawings are property of Panzica Building Corporation Reproduction or use without express written consent is prohibited. Sheet Of Project # File # Date Revisions Panzica Construction Group 416 East Monroe St. Suite 320 South Bend, IN 46601 574.234.0124 Job Description 2023 320 East Colfax Avenue at the St. Joseph RiverSouth Bend, Indiana 46617Mixed Use DevelopmentPatio Plan CP1OO April 25, 2023