HomeMy WebLinkAbout1 RDC Packet 11.20.23South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, November 20, 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, November 9, 2023
B.Minutes of the Executive Session on Thursday, November 9, 2023
3.Approval of Claims
A.Claims Allowance 11.14.23
4.Old Business
A.None
5.New Business
A.River West Development Area
1.Budget Request (LaSalle Park Improvements)
2.Real Estate Purchase Agreement (Mary Coyne 214 W Wayne)
3.Budget Request (Safe Routes to School)
4.Resolution No. 3581 (Accepting Transfer of Property from BPW Carrol Street)
5.Development Agreement (Monreaux)
6.Resolution No. 3580 (Monreaux)
B.River East Development Area
1.Budget Request (Market District Planning Contract)
C.Administrative
1.RDC General Report
6.Progress Reports
A.Tax Abatement
B.Common Council
C.Other
1.Update Bare Hands Brewery
7.Next Commission Meeting:
Thursday, December 14, 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
November 9, 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
Vivian Sallie, Secretary – IP
Eli Wax, Commissioner - IP
David Relos, Commissioner – IP
IP = In Person V = Virtual
Members Absent: Troy Warner, Vice-President
Leslie Wesley, Commissioner
Legal Counsel: Sandra Kennedy, Esq.
Danielle Campbell, Asst. City Attorney
Redevelopment
Staff:
Mary Brazinsky Sears, Board Secretary
Joseph Molnar, Property Manager
Others Present: Caleb Bauer
Sarah Schefer
Erik Glavich
Chris Dressel
Michael Davita
Rosa Tomas
Kara Boyles
Zach Hurst
Charlotte Brach
Leslie Biek
Jordan Smith
Matt Eckerle
Sue Kesim
Gemma Stanton
Scott Jessup
DCI
DCI
DCI
DCI
DCI
DCI
Engineering
Engineering
Engineering
Engineering
South Bend Tribune
Baker Tilly
Resident
Resident
Resident
ITEM 2A
South Bend Redevelopment Commission Regular Meeting – November 9, 2023
2.Approval of Minutes
•Approval of Minutes of the Regular Meeting of Thursday, October 12, 2023
Upon a motion by Secretary Sallie, seconded by Commissioner Wax, the motion
carried unanimously, the Commission approved the minutes of the regular
meeting of Thursday, October 12, 2023, with correction.
3.Approval of Claims
A.Claims Allowance 10.10.23
B.Claims Allowance 10.17.23
C.Claims Allowance 10.24.23
D.Claims Allowance 10.31.23
Upon a motion by Commissioner Relos, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved the claims allowances of
October 10, October 17, October 24 and October 31, 2023.
4.Old Business
5.New Business
A.River West Development Area
1.Budget Request (Coal Line Multiuse Trail Phase III Design)
Chris Dressel Presented a Budget Request (Coal Line Multiuse Trail Phase III
Design). This request for $100k is for the design of the Coal Line Trail Phase III
between Lincoln Way West and Linden Avenue. The continuation of the trail was
identified as a priority within the Kennedy Park Neighborhood Plan with a
connection to the future Martin Luther King Dream Center.
Caleb Bauer stated that construction of this phase is scheduled for 2026. This
project is an 80/20 match with state funding. The city will pay 100% of the project
up front and be reimbursed.
Upon a motion by Commissioner Wax, seconded by Secretary Sallie, the motion
carried unanimously, the Commission approved a Budget Request (Coal Line
Multiuse Trail Phase III Design) submitted on Thursday, November 9, 2023.
B.River East Development Area
1.Budget Request (Angela Boulevard Improvements)
Leslie Biek Presented a Budget Request (Angela Boulevard Improvements).
This funding request is for improvements to the Angela Boulevard project. The
bid came in over budget and additional funding is needed to award the project.
Half of the amount will be reimbursed by Notre Dame. The ask is for $375,300 in
additional funds.
South Bend Redevelopment Commission Regular Meeting – November 9, 2023
Caleb Bauer stated that as the Notre Dame portion is more decorative that they
will be paying more like 2/3 of the total on this project.
Sue Kesim, resident at 422 Indiana Avenue stated that she is inquiring for her
friend about the traffic on game days and how the landscaping slows down the
traffic on those days.
Upon a motion by Commissioner Relos, seconded by Commissioner Wax, the
motion carried unanimously, the Commission approved a Budget Request
(Angela Boulevard Improvements) submitted on Thursday, November 9, 2023.
C.River West, River East, and South Side Development Areas
1.Budget Request (TIF Projections and Bond Capacity Analysis Baker Tilly)
Caleb Bauer Presented a Budget Request (TIF Projections and Bond Capacity
Analysis Baker Tilly). Redevelopment Commission staff is requesting approval of
funding to support TIF revenue projections and bond capacity analysis for River
West, River East, River East Residential and South Side Development Areas.
The TIF projections are set at a not-to-exceed $15k per development area.
Upon a motion by Secretary Sallie, seconded by Commissioner Relos, the motion
carried unanimously, the Commission approved a Budget Request (TIF
Projections and Bond Capacity Analysis Baker Tilly) submitted on Thursday,
November 9, 2023.
6.Progress Reports
A.Tax Abatement
B.Common Council
C.Other
1.Joseph Molnar noted that construction at the old Salvation Army site has begun
which is within the contract agreement.
2.Layfette OpCo, LLC building is scheduled for their closing February 2024.
Lafayette OpCo LLC, has been in the building planning and doing their due
diligence.
3.Danielle Campbell Weiss/Caleb Bauer noted that Barehands submitted a packet
of expenses to staff by the deadline. Staff is currently reviewing all
documentation to determine what qualifies for reimbursement.
1.Commissioner Wax asked if they will be turning the property back over to
the Redevelopment Commission.
2.Mr. Bauer stated that we will have to wait and see but we do not have an
indication that they would not.
4.Mr. Bauer introduced Sarah Schaefer, Deputy Director, Department of Community
Investment. Sarah comes to us from the U.S. Department of Housing and Urban
Development, and had previous experience at the New York City Housing
Authority with an earlier position at HUD in Washington D.C. Sarah will bring a lot
of operational expertise and experience in housing policy to the team.
South Bend Redevelopment Commission Regular Meeting – November 9, 2023
5.Sue Kesim, resident, asked about the vacant lots throughout the city and asked if
the city is considering boxable housing/tiny houses for low-income individuals that
would be energy efficient.
1.Mr. Bauer noted that we are working with South Bend Heritage on
supportive housing to stabilize the use of those areas.
6.Mr. Molnar stated that the LIHTC Awards will be announced on November 18,
2023. We are hoping for positive outcomes for both Advantix and KCG.
7.Next Commission Meeting:
Monday, November 20, 2023
8.Adjournment
Thursday, November 9, 2023, 9:48 a.m.
Vivian Sallie, Secretary Marcia Jones, President
Executive Session Meeting Minutes: November 9, 2023
The Redevelopment Commission met in Executive Session on Thursday, November 9, 2023, at 9:55 a.m. for the
purposes specified in I.C. 5-14-1.5-6.1(b)(2)(B) for discussion of strategy with respect to initiation of litigation or
litigation that is either pending or has been threatened, specifically in writing. Commissioners Marcia Jones, Vivian
Sallie, and Dave Relos appeared in person. Commission attorney Danielle Weiss appeared in person, as well as
Executive Director of Community Investment Caleb Bauer, Deputy Director of Community Investment Sarah
Schaefer, Director of Growth & Opportunity, Erik Glavich, Mary Sears, Boards Secretary and Property Manager,
Joseph Molnar. The meeting was held in the City Legal Department Conference Room, 12th Floor, County City
Building, 227, W. Jefferson Blvd., South Bend, Indiana. Those in attendance did not discuss any subject matter
other than the subject matter as specified in the public notice. The meeting adjourned at 10:28 a.m.
ITEM 2B
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Kyle Willis, City Controller
Date:Tuesday, November 14, 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-0066758 $200,681.37
GBLN-0067227 $10,858.55
Total:$211,539.92
_______________________________
Kyle Willis
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:
South Bend Redevelopment Commission
By:_______________________________
Name:
Date:
ITEM 3A
Attest:_______________________________
Name:
Department of Administration & Finance
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
211,539.92$
Redevelopment Commission Agenda Item
DATE: 11/20/2023
FROM: Patrick Sherman, Project Manager, Public Works
SUBJECT: LaSalle Park Improvements: EPA Requirements
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:
The Redevelopment Commission previously approved funding for the LaSalle Park Project, which is adding
many exciting amenities to LaSalle Park, where the Charles Black Community Center is located. LaSalle
Park is located on an EPA superfund site and went through a project earlier this year to remediate the
site. The City engaged with a consultant and legal to work with the EPA on their required Soil
Management Plan for any improvements. There were indications from the EPA that since the soil
remediation project happened, there would not be the same level of restrictions on the amenity
improvements project. Unfortunately, after the project was awarded, the EPA decided that the Soil
Management Plan previously followed must continue to be followed on this project, regardless of the
remediation efforts. These requirements have created additional costs for hazmat certification, soils
disposal, and certified fill. The request is from River West TIF and is for $160,000.00 to cover the
additional EPA requirements.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: _11.20.23_____________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM 5A1
Redevelopment Commission Agenda Item
DATE: 11/15/23
FROM: Joseph Molnar
SUBJECT: Purchase Agreement 214 W Wayne
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: Approval of a Purchase Agreement for the property located at 214 W Wayne
Specifics: Over the past two years, the Redevelopment Commission has successfully sold or
agreed to sell several of the larger downtown properties in its portfolio. This included the sale
of the former Salvation Army Building and agreements to sell the former Fat Daddys site and
the large fields across from Four Winds field. All three of these projects are set to move forward
creating new housing opportunities – affordable and market rate – and new commercial
spaces. City Staff have also announced the beginning of the process for the creation of a
“Downtown Plan” to better plan for upcoming downtown growth.
Staff believe because of the recent successes in redeveloping RDC owned land downtown and
the beginning of a downtown planning process, now would be a good time to purchase the
parking lot at 214 W Wayne. The City currently rents this parking lot from the owner, Mary
Coyne Investments LLC. Staff believe it would be advantageous for future development
opportunities to purchase the lot for $200,000 in order to ensure the lot is developed to its
highest and best use. Purchasing the lot will also relieve the need for the City to pay for parking
for its employees on the lot in the short to medium term.
Staff requests approval.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: _11.20.23___________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM 5A2
Page | 2
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 $_____________
4895-1376-6798.4
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REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (“Agreement”) is made by and between Mary
Coyne Investments LLC, an Ohio limited liability company, with an address of 1428
Hamilton Avenue, Cleveland, Ohio 44114 (“Seller”) and the City of South Bend, Indiana,
Department of Redevelopment, by and through its governing body, the South Bend
Redevelopment Commission, with an address of 227 W. Jefferson Boulevard, Suite 1400
S, South Bend, Indiana 46601 (“Buyer”) (each a “Party” and together the “Parties”).
RECITALS
A.Buyer exists and operates pursuant to the Redevelopment of Cities and
Towns Act of 1953, as amended, cited as Indiana Code 36-7-14 (the “Act”).
B.In furtherance of its purposes under the Act, Buyer desires to purchase from Seller
certain real property located at Parcel ID 018-3008-0251 in South Bend, Indiana (the
“City”), and more particularly described in attached Exhibit A (the “Property”).
C.The Property is situated in the River West Development Area and is set
forth on the acquisition list related thereto, pursuant to Buyer’s Resolution No. 3485.
D.Seller desires to sell the Property to the Buyer in accordance with Section
36-7-14-19 of the Act and this Agreement.
THEREFORE, in consideration of the mutual covenants and promises in this
Agreement and other good and valuable consideration, the receipt of which is hereby
acknowledged, Buyer and Seller agree as follows:
1.OFFER AND ACCEPTANCE
A copy of this Agreement, signed by Seller, constitutes Seller’s offer to sell the Property
and once signed by Buyer, constitutes Buyer’s offer to purchase the Property on the terms
stated in this Agreement. A copy signed by Buyer shall be delivered to the Seller, in care
of the following representative (“Seller’s Representative”):
Terry Coyne
1300 E. 9th Street #105
Cleveland, OH 44114
Seller shall return a signed copy of this Agreement to the following representative
(“Buyer’s Representative”):
Joseph R. Molnar, Property Development Manager
Department of Community Investment
227 W. Jefferson Blvd., Suite 1400 S.
South Bend, IN 46601
4895-1376-6798.4
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All the terms and conditions of this Agreement will be effective and binding upon the
Parties and their successors and assigns at the time the Agreement is fully signed by Buyer
and Seller (the “Contract Date”).
2.PURCHASE PRICE
The purchase price for the Property shall be Two Hundred Thousand Dollars ($200,000.00)
(the “Purchase Price”), payable by Buyer to Seller as described in Section 7 (the “Closing,”
the date of which is the “Closing Date”).
3.BUYER’S DUE DILIGENCE
A.Investigation. Seller acknowledges that Buyer’s determination to purchase
the Property requires a process of investigation (Buyer’s “Due Diligence”) into various
matters. Therefore, Buyer’s obligation to complete the purchase of the Property is
conditioned upon the satisfactory completion, in Buyer’s discretion, of Buyer’s Due
Diligence, including, without limitation, Buyer’s examination, at Buyer’s sole expense, of
zoning and land use matters, environmental matters, real property title matters, and the like,
as applicable.
B.Authorizations During Due Diligence Period. Seller authorizes Buyer, as
of the Contract Date and continuing until the end of the Due Diligence Period (as defined
below), to enter upon the Property or to cause agents to enter upon the Property for
purposes of examination; provided, however, that (i) prior to any such entry, Buyer shall
deliver to Seller evidence that Buyer maintains insurance policies, including, without
limitation, commercial general liability insurance coverage in the amount of $1 million per
occurrence; and $2 million aggregate and automotive liability insurance coverage in the
amount of $1 million per occurrence, or otherwise reasonably acceptable to Seller; (ii)
Buyer may not take any action upon the Property which reduces the value thereof; and (iii)
that Buyer shall promptly restore the Property to its condition prior to entry, and agrees to
defend, indemnify, and hold Seller harmless, before and after the Closing Date, whether or
not a closing occurs, and regardless of any cancellations or termination of this Agreement,
from any liability to any third party, loss or expense incurred by Seller, including without
limitation, reasonable attorney fees and costs arising from acts or omissions of Buyer or
Buyer’s agents or representatives.
C.Due Diligence Period. Buyer shall have a period of sixty (60) days
following the Contract Date to complete its examination of the Property in accordance with
this Section 3 (the “Due Diligence Period”).
D.Termination of Agreement. If at any time within the Due Diligence Period,
Buyer determines, in its sole discretion, not to proceed with the purchase of the Property,
Buyer may terminate this Agreement by written notice to Seller and with no liability to
Buyer, except as set forth herein.
4895-1376-6798.4
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4.PRESERVATION OF TITLE AND CONDITION
A.After the date Seller receives a copy of this Agreement as described in
Section 1, Seller shall not take any action or allow any action to be taken by others to cause
the Property to become subject to any new interests, liens, restrictions, easements,
covenants, reservations or other matters affecting Seller’s title that will survive the Closing
or otherwise be binding upon Buyer (such matters are referred to as “Encumbrances”).
B.Seller hereby covenants that Seller will not alter the condition of the
Property at any time after the date Seller receives a copy of this Agreement as described in
Section 1. Further, Seller will not release or cause to be released any hazardous substances
on or near the Property and will not otherwise collect or store hazardous substances or other
materials, goods, refuse or debris at the Property.
5.TITLE COMMITMENT AND SURVEY
Buyer shall obtain the Title Commitment for an owner’s policy of title insurance issued by
a title company selected by Buyer and reasonably acceptable to Seller (the “Title
Company”) within twenty (20) days after the Contract Date. Buyer, at its option, may
obtain a survey of the Property, at its sole expense. The Property shall be conveyed to
Buyer free of all encumbrances, including but not limited to mortgages, judgments, and
taxes, unless otherwise waived in writing by Buyer. The Title Commitment will be issued
by a title company selected by Buyer and reasonably acceptable to Seller (the “Title
Company”). The Title Commitment shall:
(1)Agree to insure good, marketable and indefeasible fee simple title to the
Property in the name of the Buyer for the full amount of the Purchase Price upon delivery
and recordation of a special warranty deed from the Seller to the Buyer.
(2)Provide for issuance of a final ALTA owner’s title insurance policy, with
any endorsements requested by Buyer, subject only to any encumbrances waived by Buyer.
Regardless of whether this transaction closes, Buyer shall be responsible for the title search
charges, the cost of the Title Commitment and owner’s policy. Within thirty (30) days after
Buyer’s receipt of the Title Commitment, Buyer shall give Seller written notice of any
objections to the Title Commitment. Within thirty (30) days after Buyer’s receipt of the
Survey, Buyer shall give Seller written notice of any objecti ons to the Survey. Any
exceptions identified in the Title Commitment or Survey to which written notice of
objection is not given within such period shall be a “Permitted Encumbrance.” If the Seller
is unable or unwilling to correct the Buyer’s title and survey objections within the Due
Diligence Period, Buyer may terminate this Agreement by written notice to Seller prior to
expiration of the Due Diligence Period. If Buyer fails to so terminate this Agreement, then
such objections shall constitute “Permitted Encumbrances” as of the expiration of the Due
Diligence Period, and Buyer shall acquire the Property without any effect being given to
such title and survey objections.
6.SELLERS’ REPRESENTATIONS AND WARRANTIES
4895-1376-6798.4
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The undersigned Seller represents and warrants to Buyer that Seller owns fee simple title
to the Property and is fully empowered to sell the Property to Buyer under the terms and
conditions stated in this Agreement. Additionally, Seller represents and warrants that it
has disclosed to Buyer any written notifications from any local, state, or federal authority
regarding environmental matters pertaining to the Property received by Seller within the
last two (2) years. Seller shall provide Buyer a copy of all known environmental inspection
reports, engineering, title, and survey reports and documents in Seller’s possession relating
to the Property. In the event the Closing does not occur, Buyer will immediately return all
such reports and documents to Seller’s Representative.
7.CLOSING
A.Timing of Closing. Unless this Agreement is earlier terminated, the transfer
of title contemplated by this Agreement (the “Closing”) shall be held at the office of the
Title Company on a mutually agreeable date not later than thirty (30) days after the end of
the Due Diligence Period.
B.Closing Procedure.
(1)At Closing, Buyer shall deliver the Purchase Price to Seller,
conditioned on Seller’s delivery of a special warranty deed, substantially in the form
attached hereto as Exhibit B, conveying the Property to the Buyer, free and clear of all
liens, encumbrances, judgments, title defects and exceptions, except those expressly
waived by Buyer, and the Title Company’s delivery of the Title Commitment to Buyer in
accordance with Section 5 above.
(2)The possession of the Property shall be delivered to the Buyer at
Closing, in substantially the same condition as it exists on the Contract Date, ordinary wear
and tear and casualty excepted.
C.Conditions Precedent to Closing. Unless waived by the Parties before or at
Closing, the following shall be a condition precedent to Closing: Buyer shall have no
obligation to complete the transaction contemplated in this Agreement unless Seller
removes from the Property before the Closing Date all personal property, including
personal belongings, and any trash or refuse.
D.Closing Costs. Buyer shall pay the Title Company’s closing fee and all
recordation and any transfer costs associated with the transaction contemplated in this
Agreement.
E.Personal Property. Any personal property remaining at the Property after
Closing will be deemed to be abandoned by the Seller, and Buyer, in its sole discretion,
may choose to exercise possession of and control over any such personal property.
F.Seller’s Due Diligence. Seller acknowledges that Seller has conducted its
own due diligence and acknowledges that the Purchase Price is fair and reasonable and
4895-1376-6798.4
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waives any right that Seller may have to an appraisal or to contest or challenge the validity
of compensation received under this Agreement.
8.ACCEPTANCE OF PROPERTY “AS-IS”
Except as otherwise set forth herein, Buyer agrees to purchase the Property “as-is, where-
is” and without any representations or warranties by Seller as to the condition of the
property or its fitness for any particular use or purpose. Seller offers no such representation
or warranty as to condition or fitness, and nothing in this Agreement shall be construed to
constitute such a representation or warranty as to condition or fitness.
9.TAXES
Seller shall be responsible for all taxes related to the Property accruing through the Closing
Date, if any, even if such taxes are not yet due and payable. Buyer, or Buyer’s successors
and assigns, shall be liable for all real property taxes accruing against the Property after the
Closing Date, if any.
10.COMMISSIONS
The Parties acknowledge that neither Buyer nor Seller are represented by any broker in
connection with the transaction contemplated in this Agreement. Buyer and Seller agree
to indemnify and hold one another harmless from any claim for commissions in connection
with the transaction contemplated in this Agreement.
11.INTERPRETATION; APPLICABLE LAW; JURISDICTION
Both Parties having participated fully and equally in the negotiation and preparation of this
Agreement, this Agreement shall not be more strictly construed, nor shall any ambiguities
be presumptively resolved, against either Party. This Agreement shall be interpreted and
enforced according to the laws of the State of Indiana. Any action to enforce the terms or
conditions of this Agreement or otherwise concerning a dispute under this Agreement will
be commenced in the courts of St. Joseph County, Indiana.
12.NOTICES
All notices required or allowed by this Agreement, before or after Closing, shall be
delivered in person or by certified mail, return receipt requested, postage prepaid,
addressed to Seller in care of Seller’s Representative, or to Buyer in care of Buyer’s
Representative (with a copy to South Bend Legal Department, 1200 S. County-City
Building, 227 W. Jefferson Blvd., South Bend, IN 46601, Attn: Corporation Counsel) at
the respective addresses stated in Section 1 above. Either Party may, by written notice,
modify the address for future notices to such Party.
4895-1376-6798.4
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13.REMEDIES
Upon any default in or breach of this Agreement by either Party, the defaulting Party will
proceed immediately to cure or remedy such default within thirty (30) days after receipt
of written notice of such default or breach from the non-defaulting Party, or, if the nature
of the default or breach is such that it cannot be cured within thirty (30) days, the
defaulting Party will diligently pursue and prosecute to completion an appropriate cure
within a reasonable time. In the event of a default or breach that remains uncured for
longer than the period stated in the foregoing sentence, the non-defaulting Party may
terminate this Agreement, commence legal proceedings, including an action for specific
performance, or pursue any other remedy available at law or in equity. All the Parties’
respective rights and remedies concerning this Agreement and the Property are
cumulative. Notwithstanding the foregoing, in the event of a default on behalf of Buyer is
related to Buyer’s failure or refusal to perform Buyer’s obligation to purchase the
Property in breach of this Agreement, Buyer shall be permitted three (3) business days
(and not thirty (30) days) after the date that Seller provides Buyer with notice of such
Buyer default to cure the same.
14.DISPUTE RESOLUTION; WAIVER OF JURY TRIAL
Any action to enforce the terms or conditions of this Agreement or otherwise concerning a
dispute under this Agreement will be commenced in the courts of St. Joseph County,
Indiana, unless the Parties mutually agree to an alternative method of dispute resolution.
The Parties acknowledge that disputes arising under this Agreement are likely complex
and they desire to streamline and minimize the cost of resolving such disputes. In any legal
proceeding, each Party irrevocably waives the right to trial by jury in any action,
counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this
Agreement. This waiver applies to all claims against all parties to such actions and
proceedings. This waiver is knowingly, intentionally, and voluntarily made by both
Parties.
15.INDEMNITY
The Parties agree to reimburse each other for any and all liabilities, claims, penalties,
forfeitures, suits, and the costs and expenses incident thereto (including costs of defense
and settlement), which either party may subsequently incur, become responsible for, or pay
out as a result of a breach by the other party in default of this Agreement. In the event of
legal action initiated by a third party as a result of a breach of this Agreement, the breaching
party shall assume the defense of the non-breaching party, including all costs associated
therewith.
16.WAIVER
Neither the failure nor any delay on the part of a Party to exercise any right, remedy, power,
or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or
partial exercise of any right, remedy, power, or privilege preclude any other or further
4895-1376-6798.4
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exercise of the same or of any right, remedy, power, or privilege with respect to any
occurrence be construed as a waiver of any such right, remedy, power, or privilege with
respect to any other occurrence. No waiver shall be effective unless it is in writing and is
signed by the party asserted to have granted such waiver.
17.SEVERABILITY
If any term or provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement
shall continue in full force and effect unless amended or modified by mutual consent of
the Parties.
18.FURTHER ASSURANCES
The Parties agree that they will each undertake in good faith, as permitted by law, any
action and execute and deliver any document reasonably required to carry out the intents
and purposes of this Agreement.
19.TIME
Time is of the essence of this Agreement.
20.ENTIRE AGREEMENT
This Agreement embodies the entire agreement between Seller and Buyer and supersedes
all prior discussions, understandings, or agreements between Seller and Buyer concerning
the transaction contemplated in this Agreement, whether written or oral.
21.BINDING EFFECT; COUNTERPARTS; SIGNATURES
All the terms and conditions of this Agreement will be effective and binding upon the
Parties and their successors and assigns at the time the Agreement is fully signed and
delivered by Buyer and Seller. This Agreement may be separately executed in counterparts
by Buyer and Seller, and the same, when taken together, will be regarded as one original
Agreement. Facsimile signatures will be regarded as original signatures.
22.AUTHORITY TO EXECUTE; EXISTENCE
The undersigned persons executing and delivering this Agreement on behalf of the Parties
each represent and certify that they are the duly authorized representatives of the respective
Parties and have been fully empowered to execute and deliver this Agreement and that all
necessary action has been taken and done. Further, the undersigned representative of Seller
represents and warrants that Seller is duly organized, validly existing, and in good standing
under the laws of the State of Ohio.
[Signature Page Follows]
4895-1376-6798.4
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IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be
effective as of the _____ day of November 2023.
BUYER:
South Bend Redevelopment
Commission
By:
__________________________
Marcia I. Jones, President
ATTEST:
By:
__________________________
Vivian Sallie, Secretary
SELLER:
Mary Coyne Investments LLC
By:
__________________________
Name:_____________________
Title:______________________
Terry Coyne
Member
4895-1376-6798.4
EXHIBIT A
Description of Property
Commonly Known: 18 VAC LOT COR LAFAY-WAYNE
Parcel ID: 018-3008-0251
State ID: 71-08-12-160-001.000-026
Legal Description: Lots 281 & 282 & W 1/2 Vac Alley E & Adj O P South
Bend Sec 12-37-2E 10/11 Vac Ord 9933-09 9-18-09
4895-1376-6798.4
EXHIBIT B
Form of Deed
4895-1376-6798.4
1
AUDITOR’S RECORD
TRANSFER NO.__________
TAXING UNIT___________
DATE __________________
KEY NO. 018-3008-0251
DEED
THIS INDENTURE WITNESSETH, that Mary Coyne Investments LLC (the “Grantor”)
CONVEYS AND SPECIALLY WARRANTS, grants, bargains, sells and releases unto the South
Bend Redevelopment Commission, governing body of the City of South Bend Department of
Redevelopment, 1400S County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana
46601 (the “Grantee”) ,
for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the following real estate in St. Joseph
County, Indiana (the “Property”):
Commonly Known: 18 VAC LOT COR LAFAY-WAYNE
Parcel ID: 018-3008-0251
State ID: 71-08-12-160-001.000-026
Legal Description: Lots 281 & 282 & W 1/2 Vac Alley E &
Adj O P South Bend Sec 12-37-2E 10/11 Vac Ord 9933-09 9-18-09
The Grantor hereby conveys the Property to the Grantee and its successors and assigns, forever,
subject to (i) real property taxes and assessments both general and special, which are a lien but not
yet due and payable; (ii) all right of ways, easements, covenants, conditions, restrictions, and other
matters of record; (iii) all matters that could be disclosed by a current and accurate survey of the
Property; (iv) rights of way for roads; and (v) all applicable building codes and zoning ordinances.
Each of the undersigned persons executing this deed on behalf of the Grantor represents and
certifies that s/he is a duly authorized representative of the Grantor and has been fully empowered,
by proper action of the governing body of the Grantor, to execute and deliver this deed, that the
Grantor has full corporate capacity to convey the real estate described herein, and that all necessary
action for the making of such conveyance has been taken and done.
Signature Page Follows
4895-1376-6798.4
2
GRANTOR:
MARY COYNE INVESTMENTS LLC
By:
Dennis Coyne, Member
STATE OF OHIO )
) SS:
CUYAHOGA COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Dennis Coyne, Member of MARY COYNE INVESTMENTS, LLC, and acknowledged
the execution of the foregoing Deed as their true act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the _____ day of ______________, 2023.
My Commission Expires: ____________________________________
Notary Public
_______________________ ___________________________________
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this do cument, unless
required by law. /s/ Danielle Campbell Weiss
This instrument was prepared by Danielle Campbell Weiss, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson
Blvd., South Bend, Indiana 46601.
Redevelopment Commission Agenda Item
DATE: 11/15/23
FROM: Kara Boyles
SUBJECT: Budget Request for Safe Routes to School
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:
The budget request of $155,250 will fund supplements to the Professional Services Agreements
for Safe Routes to School at Muessel Primary/Holy Cross Area [Proj. No. 122-005] and Our Lady
of Hungary Neighborhood [Proj. No. 122-006]. The PSA supplements will cover additional
surveying and design for elements outside the original scope of the projects as both projects
were able to be expanded outside the original design area.
These projects are funded 80% by INDOT. The City is responsible for 100% of professional
engineering services invoices upfront with 80% reimbursement after each payment.
These projects will improve walking routes to school for Muessel Primary, Holy Cross, and Our
Lady of Hungary students, including sidewalks and ADA curb ramps. This project promotes
walking and provides ADA accessibility to students traveling to school, as well as reducing drop
off and pick up congestion. In addition to students, other populations will benefit from improved
connectivity and accessibility of walking routes, including those with disabilities and the elderly.
INTERNAL USE ONLY: Project ID: PROJ ;
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: _11.20.23___________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM 5A3
Redevelopment Commission Agenda Item
DATE: 11/15/23
FROM: Joseph Molnar
SUBJECT: Accepting Property from BPW
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: Acceptance of property along Carrol/Monroe from BPW
Specifics: In 2023 the Board of Public Works purchased 316 Monroe Street, 502 Carroll Street,
510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street, and 524 Carroll from
the adjacent property owner. After the recent neighborhood planning process, staff believes it
is in the best intention for the surrounding area to try to redevelop the properties. This
resolution accepts the properties from the BPW. Staff intends to then begin the disposition
process on the lots.
Staff requests approval.
INTERNAL USE ONLY: Project Code: _______________________________________________;
Total Amount new/change (inc/dec) in budget: _______________; Break down:
Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________;
Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________;
Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________
___________________________________________. Going to BPW for Contracting? Y/N
Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: _11.20.23___________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM 5A4
RESOLUTION NO. 3581
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE SOUTH BEND BOARD OF PUBLIC WORKS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) is the
governing body of the City of South Bend, Indiana (the “City”), Department of Redevelopment
and exists and operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and
WHEREAS, the South Bend Board of Public Works (the “Board”) exists and operates
pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City pursuant to
Indiana Code Section 36-9-6-3, and is authorized to transfer such property to another governmental
entity pursuant to Indiana Code Section 36-1-11-8; and
WHEREAS, the Board owns certain real property in the City located at 316 Monroe Street,
502 Carroll Street, 510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street,
and 524 Carroll, more particularly described on Exhibit A (collectively, the "Property"); and
WHEREAS, pursuant to declaratory resolutions previously adopted and amended from
time to time, the Commission has declared a certain area of the City known as the “River West
Development Area” as a redevelopment area and an allocation area under the Act and approved
an economic development plan for the Area; and
WHEREAS, the Commission desires to obtain title to the Property which is located within
the River West Development Area to encourage the redevelopment of the property and for any
other purpose authorized by the Act; and
WHEREAS, the Board approved the conveyance of the Property pursuant to its Resolution
43-2022 at its regular meeting held on November 14, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1.The Commission hereby accepts the conveyance of the Property from the Board
pursuant to I.C. 36-1-11-8 in the form of a quit claim deed substantially similar to the document
attached hereto as Exhibit B, conveying all of the Board’s right, title, and interest in the Property
to the Commission.
2.The Commission authorizes Joseph Molnar of the City’s Department of
Community Investment to act on behalf of the Commission in presenting the deed for recordation
in the Office of the Recorder of St. Joseph County, Indiana and executing any other document
necessary to affect the Commission’s acceptance of the Property.
3.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
November 20, 2023.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Vivian Sallie, Secretary
EXHIBIT A
Legal Description
Description of Property
Parcel Number: 71-08-12-329-004.000-026
Tax ID: 018-3027-0974
Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH, NORTH AND
SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT
NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF GEORGE R. HUDSON'S
SUBDIVISION OF A PART OF LOTS NUMBERED 19 AND 20 IN DENNISTON AND
FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, INDIANA.
Commonly Known As: 316 E MONROE SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-001.000-026
Tax ID: 018-3027-0968
Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE
RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW
CITY OF SOUTH BEND, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF
SAID LOT NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET; THENCE
NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH
COUNTY, INDIANA.
Commonly Known As: 502 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-002.000-026
Tax ID: 018-3027-0969
Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON CARROLL STREET
116 FEET DEEP BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT A POINT
36 FEET NORTH OF THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS
SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE
TOWN, NOW CITY OF SOUTH BEND; THENCE RUNNING DUE EAST 116 FEET TO AN
ALLEY EXTENDING ALONG THE EAST SIDE OF LOT NUMBERED 7 AS SHOWN ON THE
PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33
FEET ON THE EAST LINE OF SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE
OF SOUTH CARROLL STREET; THENCE SOUTH ON THE EAST LINE OF SOUTH
CARROLL STREET, 33 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY,
INDIANA.
Commonly Known As: 510 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-003.000-026
Tax ID: 018-3027-0970
Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE RUNNING AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS
SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE
TOWN, NOW CITY OF SOUTH BEND; THENCE EAST PARALLEL WITH THE SOUTH LINE
OF MONROE STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST CORNER OF LOT
NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT NUMBERED 19;
THENCE NORTH PARALLEL WITH THE EAST LINE OF CARROLL STREET 36 FEET;
THENCE WEST 116 FEET TO A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF
SAID LOT NUMBERED 19; THENCE SOUTH ON THE EAST LINE OF CARROLL STREET 36
FEET TO THE PLACE OF BEGINNING IN ST. JOSEPH COUNTY, INDIANA.
Commonly Known As: 512 CARROLL SOUTH BEND IN 46601
Parcel Numbers:
71-08-12-329-006.000-026
71-08-12-329-007.000-026
71-08-12-329-008.000-026
Tax IDs:
018-3027-0971
018-3027-0972
018-3027-0973
Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY (20) AS SHOWN ON
THE RECORDED PLAT OF DENNISTON AND FELLOW’S ADDITION TO THE TOWN, NOW
CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA.
Commonly Known As:
514 CARROLL SOUTH BEND IN 46601
516 CARROLL SOUTH BEND IN 46601
524 CARROLL SOUTH BEND IN 46601
EXHIBIT B
Form of Quit Claim Deed
HOLD FOR: AUDITOR’S RECORD:
City of South Bend TRANSFER NO.
227 W Jefferson Blvd., Ste 1400S TAXING UNIT:
South Bend, IN 46601 DATE:
Key Nos. 018-3027-0974
018-3027-0968 018-3027-0969
018-3027-0970 018-3027-0971
018-3027-0972 018-3027-0973
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, acting by and through
its Board of Public Works (the “Grantor”) CONVEYS AND QUIT CLAIMS TO the Department of
Redevelopment of the City of South Bend, for the use and benefit of its Department of Redevelopment, by
and through its governing body, the South Bend Redevelopment Commission (the “Grantee”),
for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the real estate located in St. Joseph County, Indiana and
more particularly described on Exhibit A (the “Property”).
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify that
each has been fully empowered and authorized to execute this Quit Claim 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,
acting by and through its
Board of Public Works
By:
Elizabeth Maradik, President
ATTEST:
_______________________________________
Theresa 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
, 2023, personally appeared Elizabeth Maradik and Theresa Heffner, known to me
to be, respectively, as the President and Clerk of the City of South Bend, Indiana, Board of Public Works,
the Grantor named herein, and acknowledged the execution of the foregoing Quit Claim Deed, being
authorized by Resolution -2023 of the City of South Bend, Indiana, Board of Public
Works so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
, Notary Public
Resident of St. Joseph County, Indiana
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 law. Danielle Campbell Weiss
Prepared by Danielle Campbell Weiss, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601
RESOLUTION NO. 43-2023
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC
WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) exists
pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City of South Bend,
Indiana (the “City”) pursuant to Indiana Code Section 36-9-6-3, and is authorized to transfer such
property to another governmental entity pursuant to Indiana Code Section 36-1-11-8; and
WHEREAS, the South Bend Redevelopment Commission, the governing body of the City
of South Bend, Indiana, Department of Redevelopment (the “Commission”), exists and operates
pursuant to Indiana Code Section 36-7-14 (the “Act”); and
WHEREAS, the Board owns certain real property in the City located at 316 Monroe Street,
502 Carroll Street, 510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street,
and 524 Carroll, more particularly described on Exhibit A (collectively, the "Property"); and
WHEREAS, the Board desires to convey the Property to the Commission pursuant to Ind.
Code 36-1-11-8 for the purpose of making the Property available for re-use and redevelopment in
accordance with the Commission's purposes and powers under the Act; and
WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the
Board's conveyance of the Property to the Commission and appointing a representative to accept
and record the deed received from the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA,
BOARD OF PUBLIC WORKS AS FOLLOWS:
1.The Board hereby approves the conveyance of the Property to the Commission in
accordance with Indiana Code Section 36-1-11-8.
2.The President and Clerk of the Board are authorized and instructed to execute and
attest, respectively, a quit claim deed in substantially the form attached hereto as Exhibit B,
conveying all of the Board's right, title, and interest in the Property to the Commission.
3.The Board authorizes Joseph Molnar of the City’s Department of Community
Investment to present for recordation in the Office of the Recorder of St. Joseph County, Indiana,
the deed conveying the Property to the Commission, as well as to execute any other document
necessary to affect the Board’s conveyance to the Commission.
4.This Resolution will be in full force and effect upon its adoption by the Board.
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on November 14, 2023, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
November 14, 2023
EXHIBIT A
Legal Description
Description of Property
Parcel Number: 71-08-12-329-004.000-026
Tax ID: 018-3027-0974
Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH, NORTH AND
SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT
NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF GEORGE R. HUDSON'S
SUBDIVISION OF A PART OF LOTS NUMBERED 19 AND 20 IN DENNISTON AND
FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, INDIANA.
Commonly Known As: 316 E MONROE SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-001.000-026
Tax ID: 018-3027-0968
Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE
RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW
CITY OF SOUTH BEND, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF
SAID LOT NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET; THENCE
NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH
COUNTY, INDIANA.
Commonly Known As: 502 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-002.000-026
Tax ID: 018-3027-0969
Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON CARROLL STREET
116 FEET DEEP BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT A POINT
36 FEET NORTH OF THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS
SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE
TOWN, NOW CITY OF SOUTH BEND; THENCE RUNNING DUE EAST 116 FEET TO AN
ALLEY EXTENDING ALONG THE EAST SIDE OF LOT NUMBERED 7 AS SHOWN ON THE
PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33
FEET ON THE EAST LINE OF SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE
OF SOUTH CARROLL STREET; THENCE SOUTH ON THE EAST LINE OF SOUTH
CARROLL STREET, 33 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY,
INDIANA.
Commonly Known As: 510 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-003.000-026
Tax ID: 018-3027-0970
Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE RUNNING AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS
SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE
TOWN, NOW CITY OF SOUTH BEND; THENCE EAST PARALLEL WITH THE SOUTH LINE
OF MONROE STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST CORNER OF LOT
NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT NUMBERED 19;
THENCE NORTH PARALLEL WITH THE EAST LINE OF CARROLL STREET 36 FEET;
THENCE WEST 116 FEET TO A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF
SAID LOT NUMBERED 19; THENCE SOUTH ON THE EAST LINE OF CARROLL STREET 36
FEET TO THE PLACE OF BEGINNING IN ST. JOSEPH COUNTY, INDIANA.
Commonly Known As: 512 CARROLL SOUTH BEND IN 46601
Parcel Numbers:
71-08-12-329-006.000-026
71-08-12-329-007.000-026
71-08-12-329-008.000-026
Tax IDs:
018-3027-0971
018-3027-0972
018-3027-0973
Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY (20) AS SHOWN ON
THE RECORDED PLAT OF DENNISTON AND FELLOW’S ADDITION TO THE TOWN, NOW
CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA.
Commonly Known As:
514 CARROLL SOUTH BEND IN 46601
516 CARROLL SOUTH BEND IN 46601
524 CARROLL SOUTH BEND IN 46601
EXHIBIT B
Form of Quit Claim Deed
HOLD FOR: AUDITOR’S RECORD:
City of South Bend TRANSFER NO.
227 W Jefferson Blvd., Ste 1400S TAXING UNIT:
South Bend, IN 46601 DATE:
Key Nos. 018-3027-0974
018-3027-0968 018-3027-0969
018-3027-0970 018-3027-0971
018-3027-0972 018-3027-0973
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, acting by and through
its Board of Public Works (the “Grantor”) CONVEYS AND QUIT CLAIMS TO the Department of
Redevelopment of the City of South Bend, for the use and benefit of its Department of Redevelopment, by
and through its governing body, the South Bend Redevelopment Commission (the “Grantee”),
for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the real estate located in St. Joseph County, Indiana and
more particularly described on Exhibit A (the “Property”).
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify that
each has been fully empowered and authorized to execute this Quit Claim Deed and that all action necessary
to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 11/3/2023
Name Joseph Molnar Department DCI
BPW Date 11/14/23 Phone Extension 6052
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name Danielle Campbell Weiss
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control X Resolution
Other: Transfer Agreement Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Transfer of property to Redevelopment Commission
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description Request to transfer seven (7) parcels along Lincoln Way East and Carol Street
to the Redevelopment Commission for the purpose of redeveloping the
property.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date:
Redevelopment Commission Agenda Item
DATE: 11/16/23
FROM: Erik Glavich, Director, Growth & Opportunity
SUBJECT: “The Monreaux” Development Agreement
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST: Development Agreement and Resolution Authorizing Use of TIF Revenues for
The Monreaux LIHTC project (505, 507, 511, and 513 S. Michigan St.)
SPECIFICS: The Commission will consider two separate items: (1) a Development Agreement
with The Monreaux LLC and Delta Ventures Ltd. (jointly the “Developer”) to provide funding in
support of a low-income housing tax credit project called The Monreaux and (2) a Resolution
authorizing the use of TIF funds in the form of a loan to the Developer. Delta Ventures Ltd. is a
non-profit entity created under common ownership with The Monreaux LLC.
The Developer will construct a new building at the former Fat Daddy’s site containing 60
apartments with no fewer than 46 units dedicated to low- to moderate-income tenants. The
Commission approved a Real Estate Purchase Agreement with The Monreaux LLC on July 14,
2022, which was amended on July 13, 2023.
The Commission will first consider for approval the Development Agreement. If the Commission
approves the Agreement, the Commission will then consider the Resolution.
The Agreement specifies that (1) the Funding Amount provided by Redevelopment Commission
will not exceed $2,300,000 and (2) the Private Investment by the Developer will be no less than
$13,700,000. In alignment with the Real Estate Purchase Agreement, as amended, the
Developer agrees to complete the project within 36 months of the Closing Date. Staff
recommends approval of this Development Agreement.
Staff recommends the Commission approve the Development Agreement and adopt the
Resolution.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: _11.20.23____________
Approved Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM 5A5
Page | 2
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 $_____________
November 2023
4864-7928-7941.1
RESOLUTION NO. 3580
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AUTHORIZING USE OF TIF REVENUES TO FUND
LOAN AND APPROVING SUBSTANTIALLY FINAL FORM OF
PROJECT AGREEMENT
WHEREAS, the South Bend ("City") Redevelopment Commission ("Commission") has
established the River West Development Area ("Area") and the River West Development
Allocation Area No. 1 ("Allocation Area") and adopted an economic development plan, as
amended (collectively, as amended, "Plan") for the Area;
WHEREAS, pursuant to IC 36-7-14-11(3) and (4), the Commission has the duty to promote
the use of land in the manner that best serves the interests of the City and its citizens and the duty
to cooperate with the City and all departments and agencies thereof in the manner that best serves
the purposes of the redevelopment statute;
WHEREAS, the Commission has determined to enter into a development agreement
("Development Agreement") with Delta Ventures Ltd., an Indiana Nonprofit Corporation ("Delta"
or "Borrower") and the Monreaux LLC, which is under common ownership and control, for the
redevelopment and development of: (i) a four-story building containing at least sixty-five thousand
(65,000) square feet which will include the incorporation of the historic masonry features
preserved by the Commission; and (ii) a minimum of sixty (60) total apartment units of which no
fewer than twenty-three (23) apartment units will be exclusively available for tenants at fifty
percent (50%) or lower of the area median income ("AMI") and no fewer than an additional
twenty-three (23) apartment units will be exclusively available for tenants at eighty percent (80%)
or lower of AMI on certain real estate acquired by Delta with an overall investment of
approximately $13,700,000 ("Development");
WHEREAS, in order to induce the Borrower to construct the Development, the
Commission has determined to fund a loan to the Borrower in an amount not to exceed $2,300,000
("Loan") evidenced by the City’s Taxable Economic Development Revenue Note, Series 2023
(Delta Project) ("Series 2023 Note") to fund the construction of site work and infrastructure
improvements needed to serve the Development ("Local Public Improvements");
WHEREAS, pursuant to IC 36-7-14-2.5, the planning and development of redevelopment
or economic development areas such as the Area are public and governmental functions that cannot
be accomplished through the ordinary operations of private enterprise because of: (i) the necessity
for requiring the proper use of the land so as to best serve the interests of the City and its citizens;
(ii)and the cost of the Development and the Local Public Improvements;
WHEREAS, the Commission has determined that the Local Public Improvements are
included in the Plan and the use of TIF Revenues (as hereinafter defined) to finance the Local
Public Improvements is an appropriate use of TIF Revenues under the Plan;
WHEREAS, the Commission has determined that the Development and the Local Public
Improvements are in or physically connected to the Area and the Allocation Area;
ITEM 5A6
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4864-7928-7941.1
WHEREAS, the Development will: (i) benefit the public health, safety, morals and welfare
of the citizens of the City; (ii) increase the economic well-being of the City; and (iii) serve to
protect and increase property values in the Area and the City, all of which are public uses and
purposes for which public money may be spent;
WHEREAS, the addition of the Development within the Area will enhance revitalization
efforts, increase the level and diversity of the tax base, promote economic development and bring
additional residents to the Area, providing existing businesses in the Area with opportunities for
growth, all of which will enhance the City's efforts to create a vibrant and active residential and
business community;
WHEREAS, the City has the general corporate power to promote economic development
and to make direct loans to providers of economic development facilities as defined in IC 36-7-
11.9, with the loans to be secured by the pledge of a secured or unsecured debt obligation of the
Borrower;
WHEREAS, funding the Loan to Delta to fund the construction of the Local Public
Improvements promotes the use of the land in a manner that best serves the interest of the City and
its citizens, promotes significant opportunities for gainful employment and helps create significant
business enterprises in the City;
WHEREAS, the Commission will use the property tax proceeds on hand and to be on hand
in the allocation fund for the Allocation Area from the assessed valuation of real property in the
Allocation Area in excess of the assessed valuation described in IC 36-7-14-39(b)(1) as reduced
by the credit provided for in IC 36-7-14-39.5 as such statutory provisions exist on the date of the
issuance of the Series 2023 Note ("TIF Revenues");
WHEREAS, in order to fund the Local Public Improvements, the Commission has
determined that it is in the best interest of the City and its residents to fund the Loan to the
Borrower;
WHEREAS, in order to protect the integrity and long term viability of the Development,
the Commission desires to enter into the Development Agreement; and
WHEREAS, a substantially final form of Development Agreement to be entered into
between the Commission and the Borrower is attached hereto and incorporated herein as Exhibit
A;
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION THAT:
Section 1. Public Purpose. The Commission hereby finds and determines that:
(a)promoting redevelopment and economic development in the Area is a valid
corporate and public purpose for which the Commission may spend public funds;
(b)incentivizing the construction of the Development in the Area will increase the
level and diversity of the tax base and enhance the Commission's efforts for revitalization of the
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4864-7928-7941.1
Area, creating a vibrant and active residential and business community, all of which are of public
utility and benefit to the citizens of the Area and the City; and
(c)bringing residents to the Area will assist in stabilizing existing businesses in the
Area, promote new investment in the Area and improve the overall quality of the Area and the
City.
Section 2. The Commission hereby finds that authorizing the use of TIF Revenues, on
hand or to be on hand, junior and subordinate to any currently outstanding bonds, payable from
TIF Revenues, and any bonds issued in the future on a parity with any currently outstanding bonds,
in the maximum amount not to exceed $2,300,000 evidenced by the Series 2023 Note, payable
upon substantial completion of the Development to fund the Loan for the construction of the Local
Public Improvements will help accomplish the Plan for the Area and will promote redevelopment
and economic development of the Allocation Area, the Area and the City.
Section 3. The Commission hereby irrevocably authorizes the use of TIF Revenues to
fund the Loan in an amount not to exceed $2,300,000 to fund the cost of the Local Public
Improvements, payable upon substantial completion of the Development.
Section 4. The Commission hereby approves the substantially final form of the
Development Agreement presented to this meeting and attached hereto as Exhibit A. The
President or Vice President of the Commission is hereby authorized to execute and deliver the
same and the Secretary is hereby authorized to attest and deliver the same, and to approve any
changes in form or substance to the Development Agreement as determined necessary or
appropriate by Corporation Counsel of the City and Ice Miller LLP, as special counsel, such
changes to be conclusively evidenced by execution of the Development Agreement.
Section 5. This resolution shall be effective upon passage.
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4864-7928-7941.1
Adopted November 20, 2023.
SOUTH BEND REDEVELOPMENT
COMMISSION
________________________________________
President
________________________________________
Vice President
________________________________________
Secretary
________________________________________
Member
________________________________________
Member
Attest:
___________________________
Secretary
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4864-7928-7941.1
Exhibit A
Development Agreement
November 2023
Redevelopment Commission Agenda Item
DATE: 11/20/2023
FROM: Leslie Biek, PE, Assistant City Engineer
Jitin Kain, Deputy Public Works Director
SUBJECT: Budget Request – Market District Planning Contract
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:
Budget request for $600,000 out of River East Development Area TIF for the City’s share of the
RAISE Grant for Market District Planning and Preliminary Services
Last year, the City received the RAISE grant for the planning and preliminary engineering services
for projects aimed at the removal of the freeway-like ramps and the introduction of
interconnected multimodal streets in the Market District Area as outlined in the South Bend
Market District Study done in 2022.
The City has selected American Structurepoint based on proposals received for the project. The
scope includes planning, survey, preliminary environmental, and preliminary engineering for
priority projects in the district.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
ITEM: 5B1
Page | 2
Project segments based on conceptual redesign of streets in the neighborhood.
Source: South Bend Market District Study
ID Project Name ID Project Name
01 Eddy Street - East 5A Roundabout
1A Eddy Street East Ramp Removals 06 Northside Boulevard - South
1B Jefferson MS Bumpout 07 Belmont Ave Extended
1C Jefferson MS Park 08 Beyer Street
02 East South Street 8A Market Plaza
03 East Bronson Street 09 Eddy Street - West
04 Northside Boulevard - North 10 Lincolnway East - North Ramps
4A Notre Dame Boathouse Connection 11 Lincolnway East - South Ramps
4B Pocket Parks 12 Sample St
05 Mishawaka Avenue Extended 13 Eddy Street to Sample Street Connection
INTERNAL USE ONLY: Project ID: 123-053 ;
Total Amount – New Project Budget Appropriation $__600,000_____________;
Total Amount – Existing Project Budget Change (increase or decrease) $______;
Funding Limits: Engineering: $___600,000____________; Other Prof Serv Amt $_______________;
Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $_____;
Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________