HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 9.12.24
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, September 12, 2024 – 9:30 a.m.
https://tinyurl.com/RDC-Meeting-2T or BPW Conference Room 13th Floor
1. Roll Call
2. Approval of Minutes
A. Minutes of the Regular Meeting of August 22, 2024
3. Approval of Claims
A. Claims Allowance 08.28.2024
B. Claims Allowance 08.28.2024
4. Old Business
A. None
5. New Business
A. Redevelopment Fund (a.k.a. Pokagon Fund)
1. Budget Request (YSB and South Bend Thrive)
2. Budget Request (TIF Area Expansion – Financial Analysis)
3. Budget Request (TIF Area Expansion – Legal Description)
B. River East Development Area
1. Budget Request (Gintz Dr. and Stephenson Mills Parking Lot)
C. River West Development Area
1. Second Amendment Development Agreement (Bakery Group)
6. Progress Reports
A. Tax Abatement
B. Common Council
C. Other
7. Next Commission Meeting
Thursday, September 26, 2024, 9:30 a.m.
CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
SOUTH BEND REDEVELOPMENT COMMISSION
August 22, 2024, at 9:30 a.m.
BPW Conference Room, 13th Floor, County-City Building
https://tinyurl.com/RDC08222024
The South Bend Redevelopment Commission was called to order at 9:30 a.m.
President Troy Warner presiding.
1. ROLL CALL
Members Present: Troy Warner, President
David Relos, Vice President
Vivian Sallie, Secretary
Eli Wax, Commissioner
Members Absent: Leslie Wesley, Non-Voting Advisor
Marcia Jones, Commissioner
Legal Staff: Danielle Campbell Weiss, Asst. City Attorney
Redevelopment Staff: Caleb Bauer, Exec. Director, DCI
Sarah Schaefer, Deputy Director, DCI
Erik Glavich, Director of Growth and Opportunity, DCI
Rosa Tomas, Director of Finance, DCI
Joseph Molnar, Asst. Dir. of Growth and Opp., DCI
Others Present: Charlotte Brach, Senior Engineer
Tina Patton, Cross Community, Inc.
2. Approval of Minutes
A. Approval of Minutes of the Regular Meeting of Thursday, July 25, 2024
B. Approval of Minutes of the Regular Meeting of Thursday, August 8, 2024
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – 08.22, 2024
2
Erik Glavich, Director of Growth and Opportunity, commented that it’s
been a team effort, and he appreciates the Commissioners patience on
getting the minutes up to date. Upon a motion by Secretary Vivian Sallie to
approve, second by Vice President David Relos, the motion carried
unanimously; the Commission approved the Minutes of the regular
meeting of July 25 and August 8, 2024.
3. Approval of Claims
A. Claims Allowances 8.13.2024
Commissioner Eli Wax asked to review the change order for Four Winds
Filed Expansion Project (page 18) PO 24886 inquired why the
$724,977.00 change. Rosa Tomas, Director of Finance, DCI and Caleb
Bauer, Executive Director of the Department of Community Investment,
stated in could be in regard to the design contract and will follow-up in
writing and the Redevelopment Commission provided funding and will be
reimbursed through the Professional Sports and Conversion Development
Area revenues as they come in within the next two (2) years through the
expansion of the district. Commissioner Wax agreed to that. Mr. Bauer
also stated that, the project is in line with the budget and may need some
design modifications. Secretary Vivian Sallie asked if the project is still on
schedule and Mr. Bauer stated construction will begin at the end of this
baseball season and will involve the supporting facilities and the desk
expansion will not occur until the next off season. There will be limited
work done that will not affect games or attendance.
Upon a motion by Vice President David Relos, seconded by President
Troy Warner, to approve, the motion carried unanimously; the
Commission approved the Claims Allowances of August 13, 2024.
4. Old Business
A. None
5. New Business
A. Redevelopment Fund (a.k.a Pokagon Fund)
1. Budget Request (Financial Empowerment Center)
Caleb Bauer, Executive Director of the Department of Community
Investment, stated this is an additional budget request for a previous
request that had been approved which is the proposal for funding to
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – 08.22, 2024
3
support the Financial Empowerment Center. We have been selected to
be an awardee for a grant funding through the Centers for Financial
Empowerment of over $150,000 for over two (2) years of operation
from the Bloomberg Philanthropies Network Program. Sarah Schaefer,
Deputy Director of the Department of Community Investment stated an
award letter from Bloomberg Cities was in the packet as well as the
timeline for the funding, $75,000 the first year, $65,000 the second
year and $10,000 at the end of the grant. Commissioner Eli Wax asked
if we would be appropriated the amount and then be reimbursed. Mr.
Bauer confirmed. Through the Pokagon fund.
Upon a motion by Secretary Vivian Sallie to approve, seconded by
Vice President David Relos, the motion carried unanimously; the
Commission approved the Budget Request (Financial Empowerment
Center) as presented on August 22, 2024.
B. River West Development Area
1. First Amendment to Development Agreement (Great Lakes Capital)
Joseph Molnar, Assistant Director of Growth and Opportunity, stated
that back on March 28, 2024 approved multiple agreements through
Great Lakes Capital for two blocks in downtown South Bend, South of
Memorial Hospital stated that a scrivener’s error occurred, and a small
parcel owned by Beacon was omitted on the legal description. This
amendment is presented to include this parcel (018-1003-0101), and
no other changes or terms are included. Secretary Vivian Sallie asked
where that parcel is located and Mr. Molnar stated the Burger King
restaurant for reference and the parcel is North of that and South of
Madison St. Danielle Campbell Weiss, Asst. City Attorney stated it was
not in the first Exhibit. Ms. Weiss stated that everyone agreed that it
should have been included from the beginning.
Upon a motion by Commissioner Eli Wax to approve, seconded by
Vice President David Relos, the motion carried unanimously; the
Commission approved First Amendment to Development Agreement
(Great Lakes Capital) as presented on August 22, 2024.
2. Opening Bids (410 W. Wayne Street Redevelopment RFP)
Joseph Molnar, Assistant Director of Growth and Opportunity, stated
we received four (4) proposals prior to the deadline. Mr. Molnar asked
for staff to review and recommend at September 26, 2024 meeting.
i. Michael LaCarrubba – L Street Kitchen
ii. Andrew Wilson Smith – AWS Sculpture Studio, LLC
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – 08.22, 2024
4
iii. Rex Weaver – Stoic Beverages LLC
iv. Tiernan Kane – Unity LLC
Secretary Vivian Sallie asked if Unity LLC has been involved in any
other projects in the area. Mr. Molnar stated not that he has heard of,
but they may have partners in the documentation included in the
packet.
Upon a motion by Vice President David Relos to refer the proposals to
staff for review and recommendations, seconded by Secretary Vivian
Sallie, the motion carried unanimously; the Commission approved the
Bid Openings as presented on August 22, 2024.
3. Opening Bids (River Glen Office Park Redevelopment RFP)
a. No Bids Received
Joseph Molnar, Assistant Director of Growth and Opportunity, stated
Mr. Bauer, Mr. Glavich and he met with regional developers that are
interested in the site, however, had difficulty with the timeline. Mr.
Molnar stated we will continue to pursue any proposals. Commissioner
Eli Wax added that we could now be more flexible to pursue
developers. Caleb Bauer, Executive Director of the Department of
Community Investment, stated he doesn’t believe there isn’t interest in
developing the site, just the complexity of the site and the busy
construction season the developers couldn’t pull together their bids.
President Troy Warner asked if there’s a window that we can’t act and
Mr. Molnar stated that there is no waiting period, and we are free to
start negotiating.
C. River East Development Area
1. Development Agreement (River Walk LLC) The Point at 703
Northside Blvd.
Erik Glavich, Director of Growth and Opportunity explained that the
City has a standard development agreement with an entity called River
Walk LLC and Mr. Jim Sieradzki, President of Century Builders. Mr.
Sieradzki will speak regarding the project near Howard Park. Mr.
Sieradzki says the 11 acres of land he bought from Transpo, the bus
company, 10 years ago has some minor environmental issues and
River Walk LLC have looked at opportunities to develop this for quite
some time. They would build 13 for sale residential units on the
property and you know the city’s commitment would be $500,000 to
the $10 million project and he would commit to completing the 13 two-
story townhomes by the end of 2027. Mr. Sieradzki states, the
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – 08.22, 2024
5
challenges that this property has are topographic challenges as well as
the requirement of rebuilding the retaining wall and there's been
historically some environmental issues. There are some amounts of
arsenic and lead that require remediation. Heartland Environmental did
testing and it is extremely expensive to remove and clear all of the
debris. Mr. Sieradzki explained that, 20 feet of soil doesn’t support
construction. So advanced construction techniques would be required.
They would use helical piers, and then the construction would go on
top. He indicated that this is a big expense.
Vice President David Relos asked if the retaining wall of the office
building to the North will be redon and Mr. Sieradzki explained it would
with planters and it will be beautiful. Century Builders will be paying for
the wall at the Atrium Building to make the site attractive to buyers.
The floor was opened to the public and following a question by Matt
Barrett on 110 S. Niles Ave., what is the city’s position with subsidizing
high priced real estate. Caleb Bauer, Executive Director of the
Department of Community Investment, stated that this site would not
have been a viable site if the city hadn’t gotten involved with a
redevelopment agreement due to the environmental aspect to offset
some of that cost. He explained that's really the reason we're
proposing this to the Commission with the uniqueness of the site, the
challenges of the site, and its market rate. Mr. Bauer says the market
will eventually handle it and we’ve seen unprecedented growth in the
River East development area.
Upon a motion by Commissioner Eli Wax to approve, seconded by
Vice President David Relos, the motion carried unanimously; the
Commission approved the Redevelopment Agreement as presented
on August 22, 2024.
2. Budget Request (ND to DTSB Trail)
Ms. Charlotte Brach, Senior Engineer, is asking for a budget request of
$500,000 to replace old water mains, adding separate storm sewers,
full road reconstruction, curbs, raised intersections, raised crossings,
landscaping, and wayfinding signage. This project is currently under
construction and the city has contributed $4 million through a bond as
well as the Notre Dame University and the Hotel/Motel tax.
Commissioner Eli Wax asked what the city’s total commitment and Ms.
Brach is stated $4 million. Commissioner Wax asked from what
revenue source is this coming from, and Mr. Bauer stated, the debt
service on this bond is paid through the River East development area
on this portion of the bond. He said, As Ms. Brach mentioned, $7
million is brought to the table from the partners, $3.5 million from ND
University, $3.5 million from the Hotel/Motel Tax, and then the city
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – 08.22, 2024
6
would bring what we're proposing $4.5 million into the project.
Commissioner Wax asked to clarify, what the city agreed to originally
was $4 million and this is the added $500,000. Mr. Bauer explained
this large project was difficult to budget dollar for dollar and this will be
the last request to the Commission. Ms. Brach agreed. Vice President
David Relos asked what roads are being affected and Ms. Brach
started, Notre Dame Ave. to South Bend Ave. to Hill St. and to LaSalle
Ave. Ms. Brach also said, there are new separated sewers or water
mains needed, along South Bend Ave. and Notre Dame Ave. since
they are all from the 1800’s. Commissioner Relos asked where this will
be installed, and Ms. Brach explained Notre Dame Ave. has a lot of
space to work with and we will replace existing sidewalks that are in
bad condition and we will be adding on the East side of the road
another tree lawn, a trail with separated bike paths, and then they'll still
be enough space for the tree lawn. Commissioner Relos added that
this will be a great addition to the city.
Upon a motion by Secretary Vivian Sallie to approve, seconded by
Vice President David Relos, the motion carried unanimously; the
Commission approved the Budget Request as presented on August
22, 2024.
6. Progress Reports
A. Tax Abatement
None
B. Common Council
Erik Glavich, Director of Growth and Opportunity stated that at the
previous Common Council meeting on August 12th, the Common Council
adopted a declaratory resolution to start the process for a 5-year personal
property tax abatement, for Hoosier Tank, which is located near the
airport. Hoosier Tank is investing $4 million and new equipment and
anticipates the hiring of 15 new employees through this investment. Mr.
Glavich explained this will be presented to the council this coming
Monday, to confirm the resolution.
President Troy Warner stated the Council has started the budget process
and has had the first couple of meetings. There are still nine budget
meetings left to go. He stated, there has also been public input due to
“Build the Budget” both online as well as public events and through the
311 system. He explained that residents like the Redevelopment
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – 08.22, 2024
7
Commission to invest in streets and infrastructure and he expects that
trend to continue for 2025.
C. Other
Joseph Molnar, Assistant Director of Growth and Opportunity, stated two
meetings ago, the Redevelopment Commission approved the purchase of
Union Station and the sale of Claeys Candy. Both properties close on
Tuesday, so the city will be transferring over the Claeys property and then
starting the process of onboarding Union Station to the city. Mr. Molnar
also shared photos from Mr. Divita, Principal City Planner, the new
grocery store at Western Ave. and Olive St. that the Redevelopment
Commission approved and is on track to open next year at this busy
intersection.
President Troy Warner asked what the long-term plan is for Union Station.
Mr. Caleb Bauer stated that the city is exploring Amtrak service being
restored there and that is underway as far as the feasibility analysis, but
that will require a lot of other partners. The short-term plan is, access to
the data center through that facility and through the existing lease
agreements, it will remain secure access until such time as a broader
public reactivation occurs. Commissioner Wax asked reasonable
expectations of when an Amtrak deal could come. Mr. Bauer explained it
would be dependent on federal funding sources and what programs exist
related to support for passenger rail expansion. Mr. Bauer also stated that
we are currently in meetings regarding future partnerships. Commissioner
Relos asked if there is a current access agreement and Ms. Danielle
Campbell Weiss, Asst. City Attorney confirmed that as well as Mr. Molnar
stated there is revenue coming in. Mr. Molnar said part of the data center’s
lease payment is they do provide 24/7 on-site security.
7. Next Commission Meeting
Thursday, September 12, 2024, 9:30 a.m.
8. Adjournment
Thursday, August 22, 2024, 10:22 a.m.
______________________________ ______________________________
Vivan G. Sallie, Secretary Troy Warner, President
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Kyle Willis, City Controller
Date:Wednesday, August 28, 2024
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-0086757 $2,385,870.91
GBLN-0087099 $2,878,036.73
GBLN-0000000 $0.00
Total:$5,263,907.64
_______________________________
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:
Attest:_______________________________
Name:
- LaSalle Park Improvements
- Byer’s Softball Complex 2024 Renovation
V-00001368
Payment method:
Voucher:
Payment date:
Vendor#
V-00001496
Payment method:
Voucher:
Payment date:
Vendor#
V-00001685
Payment method:
Voucher:
Payment date:
Vendor#
V-00001875
V-00001875
Payment method:
Voucher:
Payment date:
R YODER
CONSTRUCTIO
N INC
ACH-Total
RDCP-00030019
8/20/2024
Name
SHIVE HATTERY
INC
ACH-Total
RDCP-00030020
8/20/2024
Name
TORTI GALLAS
AND PARTNERS
INC
CHK-Total
RDCP-00030021
8/20/2024
Name
ZIOLKOWSKI
CONSTRUCTIO
N
ZIOLKOWSKI
CONSTRUCTIO
N
CHK-Total
RDCP-00030022
8/20/2024
APP #9
Invoice#
217220187019
Invoice#
74242
Invoice#
APP #32
APP #34
Fire Station 8 Construction 8/28/2024
Line description Due date
Fire Station 8 Final Design 8/24/2024
Line description Due date
PSA -Downtown Planning Charrette 8/30/2024
Line description Due date
Seitz Park Reconstruction 6/30/2024
Seitz Park Reconstruction 8/30/2024
$347,476.75
430-10-102-121-443001-
PROJ00000355
Invoice amount Financial dimensions
430-10-102-121-431002--
$4,521.70 PROJ00000355
Invoice amount Financial dimensions
$12,875.00
Invoice amount
$695,618.04
$232,777.03
324-10-102-121-431 OOO-
PROJ00000440
Financial dimensions
452-11-206-289-444000--
PROJ00000079
452-11-206-289-444000--
PROJ00000079
PO-0026318
Purchase order
PO-0021515
Purchase order
PO-0030569
Purchase order
PO-0006342
PO-0006342
Vendor#
V-00013479
V-00013479
V-00013479
V-00013479
V-00013479
V-00013479
V-00013479
V-00013479
Payment method:
Voucher:
Payment date:
Vendor#
V-00013835
Payment method:
Voucher:
Payment date:
Vendor#
V-00014012
Name
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
CHK-Total
RDCP-00030027
8/20/2024
Name
Walker
Consultants,
Inc.
CHK-Total
RDCP-00030028
8/20/2024
Name
The MRD
Group
Invoice#
2407998626
2407998627
2407998628
2407998066
2407600037
2407600037
2407600448
2407600305
Invoice#
130042370003
Invoice#
APP #1
Line description Due date
Property Bros Development -Sherman Ave TIF -Doors 8/9/2024
Sherman Ave TIF -Doors 8/9/2024
Property Bros Development Project -Sherman Ave TIF -
Windows 8/9/2024
Property Bros Development -Sherman Ave TIF -Doors 7/31/2024
Property Bros Development -Sherman Ave TIF -Doors 8/25/2024
Property Bros Development -Sherman Ave TIF -Final Siding 8/25/2024
Property Bros Development -Sherman Ave TIF -Final Siding 8/30/2024
Property Bros Development -Sherman Ave TIF -Final Siding 8/29/2024
Due date Line description
South Bend Downtown Parking Study 8/24/2024
Line description Due date
SBMF Demo -Beacon Project 8/29/2024
Invoice amount Financial dimensions
324-10-102-121-431000--
$4,022.57 PROJ00000491
324-10-102-121-431000--
$2,420.01 PROJ00000491
324-10-102-121-431000--
$9,359.26 PROJ00000491
324-10-102-121-431000--
$932.67 PROJ00000491
324-10-102-121-431000--
$67.92 PROJ00000491
324-10-102-121-431000--
$1,043.78 PROJ00000491
324-10-102-121-431000--
$182.16 PROJ00000491
324-10-102-121-431000--
$512.05 PROJ00000491
Invoice amount Financial dimensions
324-10-102-121-431000--
$10,650.00 PROJ00000440
Invoice amount Financial dimensions
324-10-102-121-439018--
$157,700.00 PROJ00000528
Purchase order
PO-0031984
PO-0031985
PO-0031999
PO-0031984
PO-0031984
PO-0031984
PO-0031984
PO-0031984
Purchase order
PO-0031405
Purchase order
PO-0031911
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Kyle Willis, City Controller
Date:Wednesday, August 28, 2024
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-0087100 $2,741,141.32
GBLN-0087256 $493,374.27
GBLN-0000000 $0.00
Total:$3,234,515.59
_______________________________
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:
Attest: _______________________________
Name:
Expenditure approval
RDC Payments-8/27 /24 Pymt Run
GBLN-0087256
Payment method:
Voucher:
Payment date:
Vendor#
V-00000191
Payment method:
Voucher:
Payment date:
Vendor#
V-00000280
Payment method:
Voucher:
Payment date:
Vendor#
V-00000918
Payment method:
Voucher:
Payment date:
Vendor#
CHK-Total
RDCP-00030415
8/27/2024
Name
BARNES &
THORNBURG
LLP
CHK-Total
RDCP-00030416
8/27/2024
Name
C&E
EXCAVATING
INC
CHK-Total
RDCP-00030417
8/27/2024
Invoice#
3274914
Invoice#
APP #6
Name Invoice #
JONES PETRIE
RAFINSKI 49599
CHK-Total
RDCP-00030418
8/27/2024
Name Invoice#
Line description
RDC Legal Matters Intend lndiana/466 Works
Line description
Pure Green Farms Site Improvements
Line description
Four Winds Field Renovation and Expansion - Phase I
Design/Construction/Bidding/Procurement
Line description
Due date
7/26/2024
Due date
7/3/2024
Due date
8/30/2024
Due date
Invoice amount Financial dimensions
$1,269.50 324-10-102-121-431001--
Invoice amount Financial dimensions
$15,732.77
324-10-102-121-444000-
PROJ00000211
Invoice amount Financial dimensions
324-10-102-121-444000--
$463,412.50 PROJ00000454
Invoice amount Financial dimensions
Purchase order
PO-0033266
Purchase order
PO-0025184
Purchase order
PO-0024886
Purchase order
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : September 12, 2024
FROM: Charlotte Brach, P.E.
SUBJECT: Budget Request – YSB and South Bend Thrive
Sidewalk
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* 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 $120,000 out of the Pokagon Fund for sidewalk throughout the Youth
Services Bureau and South Bend Thrive subdivision.
SPECIFICS: The City is constructing the public infrastructure for the YSB and South Bend Thrive Subdivision,
including storm sewer, sanitary sewer, water main, streets, curbs, curb ramps, lighting, and trees. This request
will cover the public sidewalk for the subdivision.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : September 9, 2024
FROM: Chris Dressel, Staff
SUBJECT: Funding Request – Professional Services (financial
analysis) for Forthcoming TIF expansion
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* 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: Request for funds in the amount of $37,500 to support financial services for forthcoming
TIF expansion process
SPECIFICS: The City of South Bend plans to expand its TIF districts in the Fall of 2024. The expansion is expected
to add approximately 200 property parcels within 3 TIF districts (River East, River West and South Side). Financial
analysis services are required to accompany and document the process. These services are expected to include
the following:
Assist with the Creation of New TIF Allocation Area (TIF Area) or Amendment of Existing TIF Area
• As needed, work with the Client and its advisors to analyze the boundaries of the proposed TIF Area or
TIF Area amendment and potential assessed value impacts of proposed new construction/demolition
projects within the proposed TIF Area.
• As needed, provide information required by the Client's attorney for preparing resolutions and other
legal documents required to establish the proposed TIF Area, if needed.
• Prepare, on behalf of the Client, an analysis and a statement disclosing the impact of the proposed TIF
Area upon the overlapping taxing units (the Impact Statement) and facilitate the delivery of the Impact
Statement to the overlapping taxing units.
• If needed, virtually or personally meet with representatives of the overlapping taxing units to discuss
questions, comments or concerns related to the creation of the proposed TIF Area, as needed.
• At the request of the Client, attend meetings and required public hearings to explain the impact of the
creation of the proposed TIF Area and to address any questions.
The request breakdown is as follows:
Up to per $12,500 per TIF Area amended: $12,500 – River East
$12,500 – River West
$12,500 – South Side
$37,500 - TOTAL
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : September 9, 2024
FROM: Chris Dressel, Staff
SUBJECT: Funding Request – Professional Services (legal
description) for Forthcoming TIF expansion
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* 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: Request for funds in the amount of $6,450 to support amendment of TIF boundary legal
description for forthcoming TIF expansion process
SPECIFICS: The City of South Bend plans to expand its TIF districts in the Fall of 2024. The expansion is expected
to add approximately 200 property parcels within 3 TIF districts (River East, River West and South Side). Legal
Description services are required to accompany and document the process. These services are expected to
include the following:
• Creation of updated legal descriptions for the various TIF Districts of the City of South Bend reflecting
the proposed boundary changes.
• Legal descriptions will be amendments to the existing TIF District boundaries and to include full parcels
and adjacent rights-of-way.
The request breakdown is as follows:
Cost $2,150 per TIF Area: $2,150 – River East
$2,150 – River West
$2,150 – South Side
$6,450 - TOTAL
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
Redevelopment Commission Agenda Item
DATE: 09/12/2024
FROM: Patrick Sherman
SUBJECT: Gintz Dr and Stephenson Mills Parking Lot
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
The request is for $800,000.00 for construction work to re-grade and re-pave Gintz Dr from Colfax to
Seitz Park as well as re-build the parking lot for Stephenson Mills.
Specifics:
Gintz Dr, which is between the Cascades property development and the Stephenson Mill
Apartments, is in very poor repair and needs to be re-paved. The grades of the drive are also
problematic with how it interacts with the adjacent properties. The City has worked with a
design consultant and the two property owners to come to a solution that works for everyone.
Completion of this project will adjust the grades of the drive to work better with both sides. It
will also close the contractual obligation that the City has to Stephenson Mills to re-pave the
parking lot following the ND hydro and Seitz Park projects.
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
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 9/9/2024
FROM: Joseph Molnar, Assistant Director of
Growth & Opportunity
SUBJECT: Second Amendment Bakery Group
Development Agreement
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* 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: Approval of the Second Amendment of the Bakery Group Development Agreement
SPECIFICS: On August 12, 2021, the Redevelopment Commission approved a Development Agreement with the
Bakery Group LLC for the rehabilitation of the former Ward Bakery Building. Due to several significant material
items taking longer than initially anticipated to procure, including portions of the Local Public Improvements
committed to by the Redevelopment Commission, the Bakery Group was not able to meet their deadline of
finishing by September 2024.
Staff have reviewed documentation and reports from the Bakery Group indicating that the investment
requirements are well on their way to being met and have done tours of the building confirming the Bakery
Group has expended considerable amount of resources rehabbing the building with an anticipation of tenants
moving in during 2025.
Staff believe the Bakery Group has in good faith pursued the project and will continue to do so. The proposed
Second Amendment extends the due date of the completion of the project for eighteen more months.
Staff recommends approval.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Second
Amendment”) is made on September 12, 2024, by and between the South Bend Redevelopment
Commission, the governing body of the City of South Bend Department of Redevelopment (the
“Commission”), and The Bakery Group LLC (the “Developer”) (each a “Party,” and collectively
the “Parties”).
RECITALS
A. The Commission and the Developer entered into a Development Agreement dated
effective August 12, 2021, and amended once on June 9, 2022 (the “Development Agreement”),
pertaining to certain local public improvements ("LPI") to renovate, rehabilitate, and activate the
Developer Property, which is located in the River West Development Area (the "Project").
B. Since the Effective Date, Developer has made continued investments into the
Developer Property to complete the Project and has provided documentation and other updates to
the Commission to demonstrate significant portions of the Project have been completed to date.
C. The Developer has informed the Commission that, due to several delays in the
delivery of materials necessary to complete the Project, including the materials to complete the
Commission’s Local Public Improvements, the Project will not be completed prior to the current
Mandatory Project Completion Date.
D. The Developer has provided information regarding the portions of the Project that
remain in progress, and believes that the Project can be fully completed within the next eighteen
(18) months.
E. The Commission believes that the Developer completing the Project as described
in the Agreement is in the best interests of the health, safety, and welfare of the City and its
residents.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in the
Agreement and this Second Amendment, the adequacy of which is hereby acknowledged, the
Parties agree as follows:
1. The phrase “thirty-six (36) months” shall be deleted from Section 4.5 and replaced
with the phrase “fifty-four (54) months.”
2. The Developer hereby expressly reaffirms its obligations under the Development
Agreement, and, unless expressly modified by this Second Amendment, the terms and provisions
of the Development Agreement remain in full force and effect.
3. Capitalized terms used in this Second Amendment will have the meanings set forth
in the Development Agreement unless otherwise stated herein.
4. The recitals set forth above are hereby incorporated into the operative provisions of
this Second Amendment.
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5. This Second Amendment will be governed and construed in accordance with the
laws of the State of Indiana.
6. This Second Amendment may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute one and the same
instrument. Any electronically transmitted version of a manually executed original shall be deemed
a manually executed original.
Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereby execute this Second Amendment to
Development Agreement as of the first date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION
By:____________________________________
Troy Warner, President
ATTEST:
By:____________________________________
Vivian G. Sallie, Secretary
THE BAKERY GROUP LLC
By: _____________________________________
Mike F. Keen, President
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DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”), is effective as of August 12, 2021 (the
“Effective Date”), by and between the City of South Bend, Department of Redevelopment, acting
by and through its governing body, the South Bend Redevelopment Commission (the
“Commission”), and The Bakery Group LLC, an Indiana limited liability company, with offices
at 1012 Riverside Drive, South Bend, Indiana 46616 (the “Developer”) (each, a “Party,” and
collectively, the “Parties”).
RECITALS
WHEREAS, the Commission exists and operates under the provisions of the
Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the “Act”);
and
WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
redevelopment areas are public uses and purposes for which public money may be spent; and
WHEREAS, the Developer owns certain vacant and inactive real property described in
Exhibit A, together with all improvements thereon and all easements, rights, licenses, and other
interests appurtenant thereto (collectively, the “Developer Property”); and
WHEREAS, the Developer currently has private financing and desires to construct,
renovate, or otherwise rehabilitate certain elements of the Developer Property (the “Project”) in
accordance with the project plan (the “Project Plan”) attached hereto as Exhibit B in order to
activate the Developer Property and create a positive effect in the neighborhood; and
WHEREAS, the Developer Property is located within the corporate boundaries of the City
of South Bend, Indiana (the “City”), within the River West Development Area (the “Area”); and
WHEREAS, the Commission has adopted (and subsequently amended, from time to time)
a development plan, which contemplates development of the Area consistent with the Project; and
WHEREAS, the Commission believes that accomplishing the Project as described herein
is in the best interests of the health, safety, and welfare of the City and its residents; and
WHEREAS, the Commission desires to facilitate and assist the Project by undertaking the
local public improvements stated in Exhibit C (the “Local Public Improvements”) and the
financing thereof, subject to the terms and conditions of this Agreement and in accordance with
the Act.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in
this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows:
SECTION 1. DEFINITIONS.
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have
the following meanings:
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1.1 Assessed Value. “Assessed Value” means the market value-in-use of a property,
used for property tax assessment purposes as determined by the St. Joseph County Assessor.
1.2 Board of Works. “Board of Works” means the Board of Public Works of the City,
a public body granted the power to award contracts for public works pursuant to I.C. 36-1-12.
1.3 Funding Amount. “Funding Amount” means an amount not to exceed Three
Hundred Thousand Dollars ($300,000.00) of tax increment finance revenues to be used for paying
the costs associated with the construction, equipping, inspection, and delivery of the Local Public
Improvements.
1.4 Private Investment. “Private Investment” means a total amount over the course of
the Project equaling no less than Three Million Seven Hundred Fifty Thousand Dollars
($3,750,000.00) to be expended by the Developer for the costs associated with constructing the
improvements set forth in the Project Plan, including architectural, engineering, and any other
costs directly related to completion of the Project that are expected to contribute to increases in the
Assessed Value of the Developer Property.
SECTION 2. INTERPRETATION, TERMS, AND RECITALS.
2.1 Interpretation.
(a) The terms “herein,” “hereto,” “hereunder,” and all terms of similar import
shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section
of, or Exhibit to this Agreement.
(b) Unless otherwise specified, references in this Agreement to (i) “Section” or
“Article” shall be deemed to refer to the Section or Article of this Agreement bearing the
number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement
bearing the letter or number so specified, and (iii) references to this “Agreement” shall
mean this Agreement and any exhibits and attachments hereto.
(c) Captions used for or in Sections, Articles, and Exhibits of this Agreement
are for convenience of reference only and shall not affect the construction of this
Agreement.
(d) The terms “include”, “including” and “such as” shall each be construed as
if followed by the phrase “without being limited to.”
2.2 Recitals. The Recitals set forth above are incorporated into and are a part of this
Agreement for all purposes.
SECTION 3. ACCESS.
3.1 Grant of Easement. The Developer will grant to the Commission a temporary, non-
exclusive easement on, in, over, under and across any part(s) of the Developer Property (the
“Easement”) in the form attached hereto as Exhibit D, to permit the Commission to fulfill its
obligations under this Agreement, including the construction, equipping, inspection, and delivery
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of the Local Public Improvements. The Easement shall (a) inure to the benefit of the Commission
and the Board of Works or any contractors acting on behalf of the Commission in connection with
the construction, equipping, inspection, and delivery of the Local Public Improvements; (b) shall
bind the Developer and its grantees, successors, and assigns; and (c) shall terminate no later than
upon completion of the Local Public Improvements, as determined by the Board of Works.
SECTION 4. DEVELOPER’S OBLIGATIONS.
4.1 Generally. The Parties acknowledge and agree that the Commission’s agreements
to perform and abide by the covenants and obligations set forth in this Agreement are material
consideration for the Developer’s commitment to perform and abide by the covenants and
obligations of the Developer contained in this Agreement.
4.2 The Project.
(a) The Developer will perform all necessary work to complete the
improvements set forth in the Project Plan attached hereto as Exhibit B and the plans and
specifications to be approved by the City Planner, or his designee, pursuant to Section 4.8
of this Agreement, which improvements shall comply with all zoning and land use laws
and ordinances.
(b) The Developer will expend at least One Million Dollars ($1,000,000.00) of
the Private Investment to complete the first portion of the Project in accordance with the
Project Plan attached hereto as Exhibit B and the plans and specifications to be approved
by the Commission pursuant to Section 4.8 of this Agreement.
4.3 Cooperation. The Developer agrees to endorse and support the Commission’s
efforts to expedite the Local Public Improvements through any required planning, design, public
bidding, construction, inspection, waiver, permitting, and related regulatory processes.
4.4 Obtain Necessary Easements. The Developer agrees to obtain any and all
easements from any governmental entity and/or any other third parties that the Developer or the
Commission deems necessary or advisable in order to complete the Local Public Improvements,
and the obtaining of such easements is a condition precedent to the Commission’s obligations
under this Agreement.
4.5 Timeframe for Completion. The Developer hereby agrees to complete the Project
and any other obligations the Developer may have under this Agreement, including the activation
of a portion of the Developer Property as set forth in the Project Plan, by the date that is thirty-six
(36) months after the Effective Date of this Agreement (the “Mandatory Project Completion Date”).
Notwithstanding any provision of this Agreement to the contrary, the Developer’s failure to
complete the Project or any other obligations the Developer may have under this Agreement by
the Mandatory Project Completion Date will constitute a default under this Agreement without
any requirement of notice of or an opportunity to cure such failure.
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4.6 Reporting Obligations.
(a) Upon the letting of contracts for substantial portions of the Project and again
upon substantial completion of the Project, the Developer hereby agrees to report to the
Commission the number of local contractors and local laborers involved in the Project, the
amount of bid awards for each contract related to the Project, and information regarding
which contractor is awarded each contract with respect to the Project.
(b) On or before June 30 and December 31 of each year until substantial
completion of the Project, the Developer shall submit to the Commission a report
demonstrating the Developer’s good-faith compliance with the terms of this Agreement.
The report shall include the following information and documents: (i) a status report of the
construction completed to date, (ii) an update on the project schedule, and (iii) an itemized
accounting generally identifying the Private Investment to date.
4.7 Submission of Plans and Specifications for Project. Promptly upon completion of
all plans and specifications for the Project, or changes thereto, and prior to the Commission’s
expenditure of the Funding Amount, the Developer shall deliver a complete set thereof to the City
Planner, or his designee, who may request revisions or amendments to be made to the same and
may approve or disapprove of such plans as they relate to the overall plan for the area and
neighborhood, if any.
4.8 Costs and Expenses of Construction of Project. The Developer hereby agrees to
pay, or cause to be paid, all costs and expenses of planning, construction, management, and all
other activities or purposes associated with the Project (including legal, architectural, and
engineering fees), exclusive of the Local Public Improvements, which shall be paid for by the
Commission by and through the Funding Amount subject to the terms of this Agreement.
4.9 Specifications for Local Public Improvements. The Developer will be responsible
for the preparation of all bid specifications related to the Local Public Improvements, and the
Developer will pay all costs and expenses of such preparation, provided, however, that if the
Commission pays any costs or expenses of such preparation, then the amount paid by the
Commission will be deducted from the Funding Amount. The Developer will submit all bid
specifications related to the Local Public Improvements to the City of South Bend Engineering
Department (the “Engineering Department”). The Engineering Department review the bid
specifications in accordance with City requirements or policies and may request revisions or
amendments to be made to the same. The Engineering Department may approve or disapprove
said bid specifications for the Project in its sole discretion based upon their conformance with such
City requirements or policies. The Commission shall not be required to expend the Funding
Amount unless the Engineering Department has approved of all bid specifications.
4.10 Non-Interference. Developer hereby agrees to use commercially reasonable efforts
to minimize disruption for those living and working near the Developer Property during
construction of the Project.
4.11 Insurance. The Developer shall purchase and maintain comprehensive insurance
coverage as is appropriate for the work being performed with respect to the Project. The Developer
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shall provide proof of such adequate insurance to the Commission and shall notify the Commission
and the City of any change in or termination of such insurance. During the period of construction
or provision of services regarding any Local Public Improvements, the Developer shall maintain
insurance in the kinds and for at least the minimum amounts as described in Exhibit E attached
hereto and the Commission and the City shall be named as additional insureds on such policies
(but not on any worker’s compensation policies).
4.12 Information. The Developer agrees to provide any and all due diligence items with
respect to the Project reasonably requested by the Commission.
SECTION 5. COMMISSION’S OBLIGATIONS.
5.1 Generally. The Parties acknowledge and agree that the Developer’s agreement to
perform and abide by the covenants and obligations set forth in this Agreement is material
consideration for the Commission’s commitment to perform and abide by the covenants and
obligations of the Commission contained in this Agreement.
5.2 Completion of Local Public Improvements.
(a) The Commission hereby agrees to complete (or cause to be completed) the
Local Public Improvements described in Exhibit C attached hereto on a schedule to be
reasonably determined and agreed to by the Commission and the Developer, as may be
modified due to unforeseen circumstances and delays.
(b) Before any work on the Local Public Improvements will commence, (a) the
Commission will have received satisfactory plans and specifications for the Project and
approved the same in accordance with Section 4.8 of this Agreement, and (b) the
Engineering Department will have received satisfactory bid specifications for the Local
Public Improvements and approved the same in accordance with Section 4.10 of this
Agreement.
(c) The Local Public Improvements will be completed in accordance with all
applicable public bidding and contracting laws and will be subject to inspection by the
Engineering Department or its designee.
(d) Notwithstanding anything contained herein to the contrary, in the event the
costs associated with the Local Public Improvements are in excess of the Funding Amount,
Developer, at its sole option, may determine to pay to the Commission the amount of the
excess costs to permit timely completion of the Local Public Improvements by the
Commission, or an agent of the Commission, which amounts shall be applied for such
purpose. If Developer chooses not to pay any such excess costs of the Local Public
Improvements (above the Funding Amount), the Commission may reduce the scope of the
Local Public Improvements to the amount which may be funded with the Funding Amount.
In no event will the Commission be required to spend more than the Funding Amount in
connection with the Local Public Improvements.
5.3 Cooperation. The Commission agrees to endorse and support the Developer’s
efforts to expedite the Project through any required planning, design, permitting, waiver, and
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related regulatory processes, provided, however, that the Commission will not be required to
expend any money in connection therewith.
5.4 Public Announcements, Press Releases, and Marketing Materials. The
Commission hereby agrees to coordinate all public announcements and press releases relating to
the Project with the Developer.
SECTION 6. COOPERATION IN THE EVENT OF LEGAL CHALLENGE.
6.1 Cooperation. In the event of any administrative, legal, or equitable action or other
proceeding instituted by any person not a party to this Agreement challenging the validity of any
provision of this Agreement, the Parties shall cooperate in defending such action or proceeding to
settlement or final judgment including all appeals. Each Party shall select its own legal counsel
and retain such counsel at its own expense, and in no event shall the Commission be required to
bear the fees and costs of the Developer’s attorneys nor shall the Developer be required to bear the
fees and costs of the Commission’s attorneys. The Parties agree that if any other provision of this
Agreement, or this Agreement as a whole, is invalidated, rendered null, or set aside by a court of
competent jurisdiction, the Parties agree to be bound by the terms of this Section 6.1, which shall
survive such invalidation, nullification, or setting aside.
SECTION 7. DEFAULT.
7.1 Default. Any failure by either Party to perform any term or provision of this
Agreement, which failure continues uncured for a period of thirty (30) days following written
notice of such failure from the other Party, shall constitute a default under this Agreement. Any
notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and,
where appropriate, the manner in which said failure satisfactorily may be cured. Upon the
occurrence of a default under this Agreement, the non-defaulting Party may (a) terminate this
Agreement, or (b) institute legal proceedings at law or in equity (including any action to compel
specific performance) seeking remedies for such default. If the default is cured within thirty (30)
days after the notice described in this Section 7.1, then no default shall exist and the noticing Party
shall take no further action.
7.2 Reimbursement Obligation. In the event that the Developer fails (a) to complete
the Project by the Mandatory Project Completion Date, or (b) to expend the full amount of the
Private Investment by the Mandatory Project Completion Date, then upon the written demand of
the Commission, the Developer will repay the Commission One Hundred Fifty Percent (150%) of
the portion of the Funding Amount expended by the Commission in furtherance of the Local Public
Improvements as of the date of the Commission’s demand.
7.3 Force Majeure. Notwithstanding anything to the contrary contained in this
Agreement, none of the Parties shall be deemed to be in default where delays in performance or
failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor
disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of terrorism,
restrictions imposed or mandated by governmental entities, enactment of conflicting state or
federal laws or regulations, new or supplemental environments regulations, contract defaults by
third parties, or similar basis for excused performance which is not within the reasonable control
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of the Party to be excused (each, an event of “Force Majeure”). Upon the request of any of the
Parties, a reasonable extension of any date or deadline set forth in this Agreement due to such
cause will be granted in writing for a period necessitated by the event of Force Majeure, or longer
as may be mutually agreed upon by all the Parties.
SECTION 8. NO AGENCY, JOINT VENTURE, OR PARTNERSHIP; CONFLICT OF
INTEREST; INDEMNITY.
8.1 No Agency, Joint Venture or Partnership. The Parties acknowledge and agree that:
(a) The Project is a private development;
(b) None of the Commission, the Board of Works, or the Developer has any
interest or responsibilities for, or due to, third parties concerning any improvements until
such time, and only until such time, that the Commission, the Board of Works, and/or the
Developer expressly accepts the same; and
(c) The Parties hereby renounce the existence of any form of agency
relationship, joint venture or partnership between the Commission, the Board of Works,
and the Developer and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the
Commission, the Board of Works, and the Developer.
8.2 Conflict of Interest; Commission Representatives Not Individually Liable. No
member, official, or employee of the Commission or the City may have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or employee participate
in any decision relating to this Agreement which affects his or her personal interests or the interests
of any corporation, partnership, or association in which he or she is, directly or indirectly,
interested. No member, official, or employee of the Commission or the City shall be personally
liable to the Developer, or any successor in interest, in the event of any default or breach by the
Commission or for any amount which may become due to the Developer, or its successors and
assigns, or on any obligations under the terms of this Agreement. No partner, member, employee,
or agent of the Developer or successors of them shall be personally liable to the Commission under
this Agreement.
8.3 Indemnity. The Developer agrees to indemnify, defend, and hold harmless the
Commission and the City from and against any third-party claims suffered by the Commission or
the City resulting from or incurred in connection with the Project.
SECTION 9. MISCELLANEOUS.
9.1 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.
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9.2 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
nay single or partial exercise of any right, remedy, power, or privilege preclude any other or further
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.
9.3 Other Necessary Acts. Each Party shall execute and deliver to the other Parties all
such other further instruments and documents as may be reasonably necessary to accomplish the
Project and the Local Public Improvements contemplated by this Agreement and to provide and
secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder.
Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated
by this Agreement may be required to be undertaken by persons, agencies, or entities that are not
a party to this Agreement, including, but not limited to certain permits, consents, and/or approvals
(to the extent they have not yet been obtained and completed), and that any action by such third
parties shall require independent approval by the respective person, agency, entity, or governing
body thereof.
9.4 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 to be 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.
9.5 Attorneys’ Fees. In the event of any litigation, mediation, or arbitration between
the Parties regarding an alleged breach of this Agreement, none of the Parties shall be entitled to
any award of attorney’s fees.
9.6 Equal Employment Opportunity. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Project:
(a) The Developer will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Developer agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause; and
(b) The Developer will state, in all solicitations or advertisements for
employees placed by or on behalf of the Developer, that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
9.7 Counterparts. This Agreement may be executed in separate counterparts, each of
which when so executed shall be an original, but all of which together shall constitute one and the
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same instrument. Any electronically transmitted version of a manually executed original shall be
deemed a manually executed original.
9.8 Notices and Demands. Any notice, demand, or other communication required or
permitted under the terms of this Agreement may be delivered (a) by hand-delivery (which will be
deemed delivered at the time of receipt), (b) by registered or certified mail, return receipt requested
(which will be deemed delivered three (3) days after mailing), or (c) by overnight courier service
(which will be deemed delivered on the next business day) to each Party’s respective addresses
and representatives stated below.
Developer: The Bakery Group LLC
1012 Riverside Drive
South Bend, IN 46616
Attn: President
With a copy to: ______________________
______________________
______________________
Attn: ______________________
Commission: South Bend Redevelopment Commission
1400 S. County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Executive Director,
South Bend Department of Community Investment
With a copy to: South Bend Legal Department
1200 S. County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Corporation Counsel
9.9 Governing Law. This Agreement is governed by and construed in accordance with
the laws of the State of Indiana.
9.10 Authority. Each undersigned person executing and delivering this Agreement on
behalf of a Party represents and certifies that he or she is the duly authorized officer or
representative of such Party, that he or she has been fully empowered to execute and deliver this
Agreement on behalf of such Party, and that all necessary action to execute and deliver this
Agreement has been taken by such Party.
9.11 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended or shall be construed to confer upon any person, firm, or corporation other than the Parties
hereto and their respective successors or assigns, any remedy or claim under or by reason of this
Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise,
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and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of
the Parties herein.
9.12 Assignment. The Developer’s rights under this Agreement shall be personal to the
Developer and shall not run with the land. The Developer may not assign its rights or obligations
under this Agreement to any third party without obtaining the Commission’s prior written consent
to such assignment, which the Commission may give or withhold in its sole discretion. In the
event the Developer seeks the Commission’s consent to any such assignment, the Developer shall
provide to the Commission all relevant information concerning the identities of the persons or
entities proposed to be involved in and an explanation of the purposes for the proposed
assignment(s).
9.13 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.
9.14 Exhibits. All exhibits described herein and attached hereto are incorporated into
this Agreement by reference.
9.15 Entire Agreement. No representation, promise, or inducement not included in this
Agreement will be binding upon the Parties hereto. This Agreement cannot be modified except
by mutual agreement of the Parties set forth in a written instrument signed by the Parties’
authorized representatives.
9.16 Time. Time is of the essence of this Agreement.
Signature Page Follows
Donald E. Inks, Vice-President
EXHIBIT A
Description of Developer Property
Real property in St. Joseph County, Indiana, commonly known as 906-910 Portage Avenue and
736 California in South Bend, Indiana, being more particularly described as follows:
906 Portage Avenue: Lot 33 of Shetterly Place Second Addition and 21 1-4' of the East End of
Lot A, comprising approximately 0.20 acres.
Parcel ID: 018-1060-2536
908 Portage Avenue: 81.1' of the West End of Lot A and Lots 113-114-115 of Shetterly Place
Second Addition, comprising approximately 0.67 acres.
Parcel ID: 018-1060-2535
736 California: Lot 112 and 72' West End Ex 20' West End of Shetterly Place Third Addition,
comprising approximately .06 acres.
Parcel ID: 018-1062-2658
EXHIBIT B
Project Plan
The Developer will complete the following work in accordance with the terms and
conditions of this Agreement and in compliance with all applicable laws and regulations:
Renovation and activation of the former Ward Bakery/Ford Distributing Building into a
community and commercial center, with a focus on small businesses and individual entrepreneurs.
EXHIBIT C
Description of Local Public Improvements
The Commission will complete, or cause to be completed, the following work in
accordance with the terms and conditions of this Agreement and in compliance with all applicable
laws and regulations:
1. Windows and Doors/Storefront Primary elevations, Portage-West Facade, South Facade
and North Façade) Alternate for the alley elevation
2. Masonry Repair and Rehabilitation: Primary elevations, Portage-West facade, South
facade and North Façade) Alternate for the alley elevation
EXHIBIT D
Form of Easement
GRANT OF TEMPORARY EASEMENT
THIS INDENTURE, made as of the day of _______________, 202__ (the “Effective
Date”), by and between The Bakery Group, LLC, an Indiana limited liability company with offices at 1012
Riverside Drive, South Bend, Indiana 46616 (the “Grantor”), and the South Bend Redevelopment
Commission, governing body of the City of South Bend Department of Redevelopment, 1400 S. County-
City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (the “Grantee”).
WITNESSETH:
For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which
Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary, non-
exclusive easement (the “Easement”) on, in, over, under and across the real property described in attached
Exhibit 1 (the “Property”) for the construction, equipping, and delivery of certain improvements on the
Property (the “Local Public Improvements”), together with the right of ingress to and egress from the
Easement for said purposes, all pursuant to a certain Development Agreement by and between Grantor and
Grantee, dated _________________, 2021 (the “Development Agreement”). Capitalized terms not
otherwise defined herein shall have the meanings set forth in the Development Agreement.
The Easement granted herein shall pertain to the air, surface, and subsurface rights and interests of
Grantor, for the use and benefit of Grantee, and its successors and assigns, to the extent necessary to
accomplish and carry out the construction, equipping, and delivery of the Local Improvements on the
Property. The Easement hereby granted includes the right and privilege for Grantee at reasonable times to
clean and remove from said Easement any debris or obstructions interfering with said Easement.
The Easement granted herein, and its associated benefits and obligations, shall inure to the benefit
of Grantee and Grantee’s contractors acting on Grantee’s behalf in connection with the Local Public
Improvements.
Notwithstanding anything contained herein to the contrary, unless extended in writing by Grantor,
the Easement shall terminate and be of no further force and effect on the date (hereinafter, the “Construction
Termination Date”) of the earliest of the following: (a) completion of the Local Public Improvements; (b)
expiration or earlier termination of the Development Agreement; or (c) such earlier date as Grantor and
Grantee may agree to in writing.
12 August 1
August 12
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on the date shown in
the acknowledgment set forth below to be effective as of the Effective Date.
GRANTOR:
THE BAKER GROUP LLC
Printed:
Its:
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally appeared
_______________________, to me known to be the _____________ of the Grantor in the above Grant of
Temporary Easement, and acknowledged the execution of the same as the Grantor’s free and voluntary act
and deed.
WITNESS my hand and Notarial Seal this day of _______________, 202__.
_______________________________________
____________________, Notary Public
Residing in County, IN
My Commission Expires: _______________________
This instrument was prepared by Sandra L. Kennedy, Assistant City Attorney, City of South Bend, Indiana, 227 W. Jefferson Blvd., Ste. 1200S,
South Bend, IN 46601.
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. ______________________.
EXHIBIT 1
Description of Property
Real property in St. Joseph County, Indiana, commonly known as 906-910 Portage Avenue and
736 California in South Bend, Indiana, being more particularly described as follows:
906 Portage Avenue: Lot 33 of Shetterly Place Second Addition and 21 1-4' of the East End of
Lot A, comprising approximately 0.20 acres.
Parcel ID: 018-1060-2536
908 Portage Avenue: 81.1' of the West End of Lot A and Lots 113-114-115 of Shetterly Place
Second Addition, comprising approximately 0.67 acres.
Parcel ID: 018-1060-2535
736 California: Lot 112 and 72' West End Ex 20' West End of Shetterly Place Third Addition,
comprising approximately .06 acres.
Parcel ID: 018-1062-2658
EXHIBIT E
Minimum Insurance Amounts
A.Worker’s Compensation
1.State Statutory
2.Applicable Federal Statutory
3. Employer’s Liability $100,000.00
B.Comprehensive General Liability
1. Bodily Injury
a.$5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate Products
and Completed Operation
2.Property Damage
a.$5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate
C.Comprehensive Automobile Liability
1. Bodily Injury
a.$500,000.00 Each Person
b. $500,000.00 Each Accident
2.Property Damage
a.$500,000.00 Each Occurrence
Redevelopment Commission Agenda Item
DATE: June 6, 2022
FROM: Zach Hurst, PE
SUBJECT: First Amendment to DA – The Bakery Group
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:
This first amendment to the Development Agreement with The Bakery Group LLC (Ward Baking
Co. Building) would allow the City’s contractor to perform additional work under the City’s
existing contract, funded by the original Development Agreement dated August 12, 2021.
The Bakery Group LLC will pay the City $15,393 as part of this amendment, allowing the City to
execute a change order with C&S Masonry to continue work along the Portage Avenue façade.
INTERNAL USE ONLY: Project ID: PROJ 293 ;
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
6.9.22
X