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Home My WebLink About10-28-2024 PacketOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Elivet Quijada-Navarro Matthew Neal Talia J. Thornton CHIEF OF STAFF / CHIEF DEPUTY CITY CLERK DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, OCTOBER 24, 2024 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, October 28, 2024: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/102824CC 4:00 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 61-24 - Firefighter Salary Ordinance 4:15 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1.Bill No. 62-24 - Alley Vacation - South Chestnut Street and South Walnut Street 4:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1.Bill No. 24-35 - Confirming Resolution - Real Property Tax Abatement 321 West Wayne Street 2.Bill No. 24-36 - Resolution Correcting a Scrivener's Error in Resolution 5096-24 3.Bill No. 24-37 - Confirming Resolution - Real Property Tax Abatement 123 North Dr. Martin Luther King Jr. Boulevard 5:15 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1.Bill No. 42-24 - Amending Zoning Ordinance for Property Located at 829 South 27th Street 2.Bill No. 44-24 - Annexing and Amending the Zoning Ordinance for Property Located at 25471, 25481, and 25491 Cleveland Road (Public Hearing Only) EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov 3. Bill No. 24-34 - Resolution Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to the Cleveland Poppy Annexation Area in Warren Township Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, S. MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, October 28, 2024 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC102824 1. INVOCATION PASTOR MICAH KLUTINOTY | GOSPEL CITY CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES OCTOBER 14, 2024 5. SPECIAL BUSINESS SPECIAL RESOLUTION RECOGNIZING RISE UP ACADEMY 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 42-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 829 SOUTH 27TH STREET COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 2 44-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 25471, 25481, AND 25491 CLEVELAND ROAD, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (PUBLIC HEARING ONLY) 61-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2025 62-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FIRST EAST- WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 AND 018-3076- 3053; AND THE FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF- WAY 8. BILLS ON THIRD READING TIME:______ BILL NO. 42-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 829 SOUTH 27TH STREET COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 61-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2025 62-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FIRST EAST- WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 AND 018-3076- 3053; AND THE FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF- WAY 3 9. RESOLUTIONS BILL NO. 24-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO THE CLEVELAND POPPY ANNEXATION AREA IN WARREN TOWNSHIP 24-35 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 321 WEST WAYNE STREET, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR HISTORIC HEARTHSTONE LLC 24-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER’S ERROR IN RESOLUTION NO. 5096-24 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 NORTH DR. MARTIN LUTHER KING JR. BOULEVARD, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE- YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP 111 CORPORATION 24-37 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 NORTH DR. MARTIN LUTHER KING JR. BOULEVARD, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE- YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP 111 CORP. 10. BILLS ON FIRST READING BILL NO. 63-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 5, FOR LAND SOUTH OF LAFAYETTE FALLS PHASE I ANNEXATION AREA AND WEST OF SOUTH US-31 HIGHWAY, SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS ANNOUNCEMENT OF 2025 COMMON COUNCIL MEETING DATES 4 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2024 COMMON COUNCIL STANDING COMMITTEES (Rev. 07-22-2024) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Rachel Tomas Morgan, Vice-Chairperson Kaine Kanczuzewski, Citizen Member Ophelia Gooden-Rodgers., Member Thomas Gryp, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Canneth Lee, Vice-Chairperson Sherry Bolden-Simpson, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Troy Warner, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Savino Rivera, Citizen Member Karen L. White, Member Frank Spesia, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Sherry Bolden-Simpson, Vice-Chairperson Maria Gibbs, Citizen Member Kate Berlent, Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Dr. Oliver Davis, Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Karen L. White, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Angela Smith, Citizen Member Ross Deal, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Jason Piontek, Citizen Member Carl Littrell, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Joseph Mayer, Citizen Member Dr. Janet J. Evelyn, Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Sheila Niezgodski, Member Ophelia Gooden-Rodgers, Vice-Chairperson Karen L. White, Member Stacey Odom, Citizen Member Jorden Giger, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Sherry Bolden-Simpson, Member 2024 COMMON COUNCIL STANDING COMMITTEES (Rev.03-21-2024) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Vice-Chairperson OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Utilities Committee, Member Zoning & Annexation Committee, Vice-Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Investment Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member Council Rules Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Public Works & Property Vacation Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member Community Relations Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Utilities Committee, Vice-Chairperson PARC Committee, Member Health and Public Safety Committee, Vice-Chairperson RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Committee Investment Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Zoning & Annexation Committee, Member Personnel and Finance Committee, Member City of South Bend PLAN COMMISSION August 20, 2024 Honorable Committee Chair Davis 4th Floor, County -City Building South Bend, IN 46601 RE: 829 S 27th Street — PC#0222-24 Dear Committee Chair Davis: County -City Building 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office 2 1 2024 mianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your August 26, 2024, Council meeting, and set it for public hearing at your September 23, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the September 16, 2024. South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Petitioner desires to rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President 42-24 BILL NO. 42-24 ORDINANCE NO. Filed in Clerk's Office 2 1 2024 Bianca Tirade City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 829 SOUTH 27TH STREET COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone from U 1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT 144 OF BERNERS GROVE 1ST ADDITION TO THE CITY OF SOUTH BEND COMMONLY KNOWN AS 829 SOUTH 27TH STREET be and the same is hereby established as U2 Urban Neighborhood 2 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2024, at o'clock . m. m. Approved and signed by me on the Bianca Tirado, City Clerk Office of the City Clerk day of , 2024, at o'clock James Mueller, Mayor City of South Bend, Indiana 2 City of South Bend PLAN COMMISSION 227 W. Jefferson - Suite 1400S South Bend, IN 46601 zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number018-6065-2226 Address:829 S 27th St, South Bend, IN, 46615 Owner: Two Briother Real Estate Investments LLP Legal Description: Lot 144 Berners Grove 1st Project Summary Rezone to triplex Requested Action Application includes (check all that apply) Rezoning Current District: U1 Urban Neighborhood 1 Proposed District. U2 uroan 0r`nood The Plan Commission and Council wilPconsider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application O Special Exception — complete and attach Criteria for Decision Making Use requested: Additional Districts, if applicablE Additional Districts, if applicablE Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents E Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Two Brothers Real Estate Investments LLP Address: 1251 N Eddy St, Suite 200, South Bend, IN, 46617 Name: Address: Name: Address Contact Person: Name: Stephen Fryer Address: 1251 N Eddy St, Suite 200, South Bend, IN, 46617 Phone Number: 574 397 0466 E-mail: a2zstephen.fryer@gmail.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: City of South Bend PLAN COMMISSION September 17, 2024 South Bend Common Council 227 W. Jefferson Blvd., 4`t' Floor South Bend, IN 46601 County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office i i' 1il:?.it Bianca Tirado City Clerk, South Bend, IN Re: Bill #42-24 - A proposed ordinance of TWO BROTHERS REAL ESTATE INVESTMENTS LP to zone from U 1 Urban Neighborhood 1 to U2 Urban Neighborhood 2, property located at 829 27TH ST, City of South Bend - PC# 0222-24 Dear Council Members: I hereby Certify that the above referenced ordinance of TWO BROTHERS REAL ESTATE INVESTMENTS LP was legally advertised on September 6, 2024, and that the South Bend Plan Commission at its public hearing on September 16, 2024, took the following action: Upon a motion by Dr. Oliver Davis, being seconded by Sarah Barber and unanimously carried, a proposed ordinance of TWO BROTHERS REAL ESTATE INVESTMENTS LP to zone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2, property located at 829 27TH ST, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Kari Myers Zoning Specialist Attachment CC: TWO BROTHERS REAL ESTATE INVESTMENTS LP Bob Palmer Tim Corcoran Planning Director Tim Corcoran Scott Ford Interim Zoning Administrator Commission President Staff Report — PC#0222-24 September 16, 2024 Property Information Location: 829 27TH ST Owner: TWO BROTHERS REAL ESTATE INVESTMENTS LP Requested Action Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 Project Summary A rezoning to legalize an existing triplex. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation subject to the condition of creating a zoning compliant frontage type by reopening the original porch. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report -PC#0222-24 9/16/2024 Proposed Site Plan SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report -PC#0222-24 9/16/2024 Site & Context Land Uses and Zoning: On site: A building being used as a triplex, zoned U1 Urban Neighborhood 1 North: A one unit dwelling zoned U1 Urban Neighborhood 1 East: Across 27th Street a one unit dwelling zoned U1 Urban Neighborhood 1 South: A one unit dwelling zoned U1 Urban Neighborhood 1 West: Across an alley a one unit dwelling zoned U1 Urban Neighborhood 1 District Intent: The U2 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in core and outlying areas of the City. Site Plan Description: The owner intends to continue using the 2,249 square foot house as a triplex. Zoning and Land Use History and Trends: The house was originally constructed in 1922, and the Sanborn maps show that the house was a single family dwelling at least through 1960. It is unclear when the house was converted from a single unit to its current three unit layout. Traffic and Transportation Considerations: To the east, S 27th Street is a 30' wide street with on -street parking. Agency Comments Agency Comments: There are no engineering comments at this time. Staff Comments: Zoning of properties to U2 Urban Neighborhood 2 allows for the creation of more diverse and affordable housing types. With proper design, these housing types blend well with the character and scale of existing urban neighborhoods. Located in a fairly walkable urban neighborhood that is close to a major corridor, businesses, and transit, this property is suited for U2 zoning. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential, which would allow for a range of neighborhood -scaled residential housing types. Plan Implementation/Other Plans: While the River Park Neighborhood Plan is in progress, there are no neighborhood specific plans for this area at this time. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#0222-24 9/16/2024 2. Current Conditions and Character: A dense, primarily residential neighborhood just north of the mixed -use Mishawaka Avenue corridor. 3. Most Desirable Use: The most desirable use would fall in the range of one unit to medium -density residential housing types that match the established character of the neighborhood. 4. Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. Rezoning to U2 would legalize the use as a triplex, providing additional housing units to the neighborhood. The condition to open the porch would bring the property into compliance with zoning standards. 5. Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this urban neighborhood. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U2 Urban Neighborhood 2 will legalize an existing triplex, allowing for a higher density housing type that still bends into the context of the surrounding neighborhood. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation subject to the condition of creating a zoning compliant frontage type by reopening the original porch. SOUTH BEND PLAN COMMISSION Page 4 of 4 10,0 PLAN C-0ol o City of South Bend PLAN COMMISSION FSrg8L1$HEO 10L August 20, 2024 Honorable Committee Chair Dr. Oliver Davis 4th Floor, County -City Building South Bend, IN 46601 RE: 2S471, 2S481, 2S491 Cleveland Rd — PC#0224-24 Dear Committee Chair Dr. Davis: County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office A l j 2 1 2024 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Annexation and Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your August 26, 2024, Council meeting and set it for second reading on October 28, 2024, and third reading on November 12, 2024, Council meetings. The petition is tentatively scheduled for public hearing at the September 16, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Petitioners desire to annex and rezone 25471, 25481 and 25491 Cleve/and Road from R Single Family District in Unincorporated St. Joseph County to IIndustrial If you have any questions, please feel free to contact our office. Sincerely, a/« /ktfuLs. Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran N Tim Corcoran — Scott Ford Planning Director Interim Zoning Administrator Commission President 44-24 Filed in Clerk's Office BILL NO.44-24 2;,,. ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 25471, 25481, AND 25491 CLEVELAND ROAD, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone 25471, 25481, and 25491 Cleveland Road from R Single Family District in Unincorporated St. Joseph County to I Industrial in the City of South Bend NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate is situated in St. Joseph County, Indiana, being contiguous by more than one -eighth (1 /8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: THAT PART OF THE SOUTH HALF OF SECTION 24 AND THE NORTH HALF OF SECTION 25, BOTH IN TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS MORE PARTICULARLY DESCRIBED AS: NORTHWEST CORNER OF A PARCEL OF GROUND DESCRIBED IN DEED DOCUMENT NUMBER 9349703 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE EAST (ALL BEARINGS ASSUMED) ALONG THE NORTH LINE OF SAID PARCEL AND THE EXISTING CITY OF SOUTH BEND MUNICIPAL CORPORATE LIMIT LINE, A DISTANCE OF 706.79 FEET MORE OR LESS TO THE NORTHEAST CORNER OF A PARCEL OF GROUND DESCRIBED IN SAID DEED DOCUMENT; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL AND ITS SOUTHERLY EXTENSION, A DISTANCE OF 1356.5 FEET MORE OR LESS TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CLEVELAND ROAD; THENCE WEST ALONG SAID SOUTH LINE, A DISTANCE OF 727.2 FEET MORE OR LESS TO THE INTERSECTION OF THE SOUTH LINE OF SAID CLEVELAND ROAD WITH THE WEST RIGHT-OF-WAY LINE OF POPPY ROAD; THENCE NORTH, A DISTANCE OF 80 FEET MORE OR LESS TO THE NORTH RIGHT-OF-WAY LINE OF SAID CLEVELAND ROAD; THENCE EAST ALONG SAID NORTH LINE, A DISTANCE OF 40 FEET MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 1297 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 21.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above -described parcel as part of the City of South bend, Indiana. SECTION III. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as I Industrial District. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2024, at o'clock . M. in. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock James Mueller, Mayor 2- City of South Bend, Indiana 3- City of South Bend Petition for Annexation and Rezoning yis or Combined Public Hearing Tax Key Number: 021, 1036--0590, 021-1036-059003, 021-1036-059005, 021-1036-059006 Property Address: 25471, 25481, and 25491 Cleveland, Property Owner: John Joseph Sims; Heirs of Leo Sims, Pasqua DiPinta Sims, and Pasqua Sims - Mary Ann Montgomery, Teress Ferency, Rosemary Hoffman, Johanna Rymer Legal Description of Annexation Area: (include any adjacent rights of way not already in the City) THAT PART OF THE SOUTH HALF OF SECTION 24 AND THE NORTH HALF OF SECTION 25, BOTH IN TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS MORE PARTICULARLY DESCRIBED AS: NORTHWEST CORNER OF A PARCEL OF GROUND DESCRIBED IN DEED DOCUMENT NUMBER 9349703 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, THENCE EAST (ALL BEARINGS ASSUMED) ALONG THE NORTH LINE OF SAID PARCEL AND THE ^ 0 The petitioner seeks to rezone the property to allow for the offices of HRP Construction, a sewer, watermain and treatment facilities contractor for municipal, commercial, and industrial customers in northern Indiana. County Zoning Map at: https://www.sjcindiana.com/gg6/Zoning-Map Current Zoning District (County): R Single Family District Proposed Zoning District (City): I Industrial City Zoning Map at: https://southbendin.ciov/zoning Select One Additional Districts, if applicable Select One Additional Districts, if applicable The Plan Commission and Council Will consider the following in the review of a rezoning petition: 1) The comprehensive Plan, 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision - complete and attach Subdivision Application Special Exception - complete and attach Criteria for Decision Making Variance(s) - list variances below, complete and attach Criteria for Decision Making 1) From the required hard surface for outdoor storage to aggregate 2) From the required Type 3 Buffer to existing vegetation on the East and a 6' - 8' earthen berm plus existing vegetation on the West. Page 1 of 2 Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The proposed variances would not be injurious to the public health, safety, or general welfare of the community. The requested variances allow for the retention of mature trees, which are better for the environment and general welfare of the community. The proposed aggregate area is relatively small and setback a significant distance from the road. 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The use and value of adjacent property should not be adversely affected. The proposed use is essentially an office. The proposed landscaping variance will ultimately exceed that of what is required by the Ordinance. The location of the outdoor storage area with aggregate surface is on the east side of the property away from any residential uses. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Strict application of the Ordinance would require removing existing mature trees in order to replace them with evergreen trees starting at 6' in height. It would also require the pavement of the entire outdoor storage area, which would increase the impervious surface, which is ultimately detrimental to the environment and would increase required area on site be devoted to drainage. 4) The variance granted is the minimum necessary, because: The proposed variances are the minimum necessary to ensure a well buffered area adjacent to a low -intensity use. The proposed development would still included hard surfaced parking and drives. The area proposed for aggregate is where the large equipment would be stored. Because of the type of equipment being stored, frequent resurfacing would be needed. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: The proposed development is trying to retain as much of a the natural landscape as possible. The Ordinance does not anticipate this type of office (a suburban style office with an area for parking equipment), which is not a result of an action by the owner or petitioner. The variances requests are specific to this user, but with the intention of preserving as much mature vegetation as possible and minimizing paving on the site. Property owner(s) of the petition site: Name: John Joseph Sims Address: 51109 Broken Wood Ct, Granger, IN 46530 Name: Heirs and/or Devisees of Leo A. Sims and Pasqua Di Pinto Sims,deceased Address: 25471 and 25491 Cleveland Rd., South Bend, IN 46628 Name: MaryAnnMontgomery, Teresa Ferency,RosemaryHoffman,Johanna Rhymer Address: 25471 and 25491 Cleveland Rd. South Bend, IN 46628 Contact Person: Name: Danch, Harper & Associates; Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 - Phone Number: 574- 234-4003 E- mail: asmith@danchharner. com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: X J Proparly ownor(s) of tho potltlon situ; NAVIM: John Joseph Sims Address: 51109 Broken Wood Ct, Granger, IN 46530 Name: Flairs and/or DeyIsees of Leo A. Sims and Pasqua Di Pinto Sims,decoased Address, 25471 and 25491 Cleveland Rd,, South Bend, IN 46628 ROM Property O.""nor(s) of the Petition site: Njom Add,Tss 51109 broken 4101d Ct i 67'-5 3 0Granger, IN Njams . Heirs anWor Dev'secs of Leo A Sims ard Pasqua Di Pinto Sinis,deceased Address 255171 and 25-191 CIOVefarld Rd , 50LA11, Bend, IN 46628 Address: 25-171 arid 25491 Cleveland Rd. SGUth Berd, 1,14 46628 Contact Person: N'a n i e: Ranch, Hamer & Associalt',,S' Mtn: Angola Smith Address: 1643 Commerce Dive South Bend, N 466-28 Fho;ie Ntirnber-, 574-234-4CO3 asr"ith','ZI'da F, Chhaimie r.comE-m.M.- — By signing this petition, the petitio neriProperty Ownars of tars above described RealEstateacknowledgetheyareresponsibleforunderstandingandcomplyingiththeSouthBendZoningOrdinanceandandotherOrdinancegovemingthep,,, w rty. AFailureOfstafftonotifythepetitionerofarequirementcioc-s not Imply approval or,'MwaiverfromanythingcontainedwithintheOrdinance, The undersigned authorizes the contact pers " on I I Isted above to represent this petitionbeforetheSouthBondPlanCommissionandCommonCouncilandtoansweranyandallquestionsrelatedtothispetition, P,^OPertY Oviner (s) Signatures: X A rroparty ow»or(s) of the petition site; AOdre65. 51f 13t"nn Woad Q. G'a'_9er. IN 46s3A w: Wts "d/dr ' vis's of Leo A. Sims and Pasqua Di Pinto S+ms,deceas®dAddress25arts.. - _ _ IV Clancit, Ftarnor 8 Aasocia Address 1643 Comrno rcervenNOSouthBed,r,, hone Number: 574-234-463 E-mail, as Iidanchhamer.com By signlnq this petition, the potitioneripro 0Estateacknowledgetheyareresponsibleor understanding andComplyingOwnersoftheaboveddescribedRealSouthBondZoningOrdinanceandanyotherordinance p with the allure of staff to notify the petitioner of a requirement does not Imply rope a orWaiverfromanythingcontainedwithintheordinance. p y The undersigned authorizes the contact person listed above to represent this petitionbeforetheSouthBendplanCommissionandCommonCouncilandtoansweranyamallquestionsrolatodtothispetition. Property Owner (s) Signatures: Contact information Property owner(s) of the petition site: Name: John Joseph Sims Address: 51109 Broken Wood Ct. Granger, IN 46530 Name: Heirs and/or Devisees of Leo A. Sims and Pasqua Di Pinto Sims,deceased Address: 25471 and 25491 Cleveland Rd., South Bend, IN 46628 Name: MaryAnnMontgomery, Teresa Ferency,RosemaryHoffman,Johanna Rhymer Address: 25471 and 25491 Cleveland Rd. South Bend, IN 46628 Contact Person: Name: Danch, Harner & Associates; Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574-234-4003 E-mail: asmith@danchharner.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Teresa Ferency 08/16/2024 MAIL as%* "I TP&OK" T% Qtj-m%v -CLAIM DRE'er Sty ltlamhaktd ind WIN' Md WORWR Qt.2 I04:00 7e, - tWCA:, $1461 - Nsqu ip 'D of ANO M sepwry )1,60maLn 0 Awt ghydikkp .4 Ax Irlutyko of ma vM"'ble 16chbillivation UNR q 64 to "n"?a %-"o 00 MI+ joss.01k aft I 00940 A pa'"411 of IM'd lookm in 604 140 A the Of the 6; Gootion 241 guw'" 40'etts wart*r a mA P4,00, Oat) t1d fart to a them* we 111AMS, *9 and pool we" rids ta Isa Id a to z"r' to an 10 u4t to spika In v tmvantor-: RUNOD tit] Artog of Niction Lhonce S60th -330 hV014kid Road id R*&d to tte C60t Or pAtC461 Of ti .09 the entire 114 IS, 1 VWrOoft MMI EXCUTIN TUVr"K0,0trpct of. Ion. 04,10110vat hmqlnnbq at A. p6int Vh 'Aho soutb line OkibA ft24o791. Not of A50 Sc4tgwii 644t QuAk-Am-t of said diatlaft 24, -tihei1QjJWrt*"4h33'S0 r 12:4W staket tb*ftclie Bast 10 Matt to ahffrZia Aska) rth 991 foot to Ai hedga:O-Ad tv,4* lint thefi6e Von to PA lwort*txks; 014W4 atmtb. 1331.9*0t to. the , he - 61 -CUV6144d UAd thomis'"si to the ploo at I Is Lo WsO* W go AWWWAV 1121 411. aqua 01pinto P cb jr Py to* L a & d a md ob ULUMIL 1001$01# NO N. M10ist1ho, SQSk4M 20'1# ALTA COMMITMENT FOR TITLE INSURANCE issued by: Commitment Number: 0 Fidelity National Title 792400195 Insurance Company Revision 1 NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, Fidelity National Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according tothetermsandprovisionsofthisCommitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured_ If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after theCommitmentDate, this Commitment terminates and the Company's liability and obligation end. Countersigned By: Edward W. Hardig, Jr. Authorized Officer or Agent Issued Date: July 3, 2024 Fidelity National Title Insurance Company By: Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company, This Commitment is not valid without the Notice; the Commitment to issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part It -Exceptions; and acounter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. AME- LAND TITLE The use of this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members in good standing asofthedateofuse. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Ccmmdment for Title Insurance (07/01/2021) Panted: 08,15.24 06:55 AMPage1IN-FT-FXHR-01040.995079-SPS-1-24-792400195 COMMITMENT NO. 792400195 FIDELITY NATIONAL TITLE INSURANCE COMPANY REVISION 1 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT: Fidelity National Title Company, LLC Fidelity National Title Company, LLC 401 W. High Street 401 W. High Street Elkhart, IN 46516 Elkhart, 1N 46516 Main Phone: (574)293-2341 Main Phone: (574)293-2341 Main Fax: (574)674-7231 Order Number: 792400195 Property Address: 25471 Cleveland Road, South Bend, IN 46628 25491 W. Cleveland Rd., South Bend, IN 46628 Cleveland Rd, South Bend, IN 46628 25471 Cleveland Road, South Bend, IN 46628 SCHEDULE A 1. Commitment Date: June 22, 2024 at 08:00 AM 2. Policy to be issued: a) ALTA Owners Policy 2021 Proposed Insured: Blueprint, LLC or its assigns Proposed Amount of Insurance: $875,000.00 The estate or interest to be insured: Fee Simple b) ALTA Loan Policy 2021 Proposed Insured: Lender with contractual obligations under a loan agreement with the proposed insured owner identified in Item 2 above Proposed Amount of Insurance: $100,000.00 The estate or interest to be insured: Fee Simple 3. The estate or interest in the Land at the Commitment Date is: Fee Simple 4. The Title is, at the Commitment Date, vested In: Heirs and/or Devisees of Pasqua Di Pinto Sims aka Pasqua Sims, deceased, as to Parcels 1 and 4 Heirs and/or Devisees of Leo A. Sims, deceased, Heirs and/or Devisees of Pasqua Di Pinto Sims, deceased, Mary Ann Montgomery, Teresa Ferency, Rosemary Hoffman and Johanna Rhymer, joint tenants, full rights of survivorship, as to Parcel 2 John Joseph Sims, as to Parcel 3 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A This page is only a part of a 2021 ALTAO Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association, All rights reserved, nMEaccnN LANU Tl7LE ASAOCfATION The use of this Form {or any derivative thereof} is restricted to ALTA licensees and ALTA members in good standing as cf the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07101/2021) Printed: 08.15.24 Q 06:66 AM Page 2 IN-FT-FXHR-01040.995079-SPS-1-24-792400195 PLAN C0 City of South Bend PLAN COMMISSION ESTABLISHED 101 September 17, 2024 South Bend Common Council 227 W. Jefferson Blvd., 4" Floor South Bend, IN 46601 County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Re: Bill 944-24 - A proposed ordinance of SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS and JOHN JOSEPH SIMS to zone from R Single Family District (St. Joseph County) to I Industrial, property located at 25491 CLEVELAND RD and 25471 CLEVELAND RD and 25481 CLEVELAND RD, City of South Bend - PC# 0224-24 Dear Council Members: I hereby Certify that the above referenced ordinance of SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS and JOHN JOSEPH SIMS was legally advertised on September 6, 2024, and that the South Bend Plan Commission at its public hearing on September 16, 2024, took the following action: Upon a motion by Francisco Fotia, being seconded by Jason Piontek and unanimously carried, a proposed ordinance of SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS and JOHN JOSEPH SIMS to zone from R Single Family District (St. Joseph County) to I Industrial, property located at 25491 CLEVELAND RD and 25471 CLEVELAND RD and 25481 CLEVELAND RD, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, ktpc Kari Myers Zoning Specialist Attachment CC: SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS, JOHN JOSEPH SIMS Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Property Information Location: 25491, 25471, 25471 and 25481 CLEVELAND RD Owner: SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS and JOHN JOSEPH SIMS Requested Action Rezone from R Single Family District (St. Joseph County) to I Industrial Variance(s): 1) from required hard surface for outdoor storage to aggregate 2) from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthen berm plus existing vegetation on the West Project Summary Development of land into an office and small warehouse with outdoor storage of service equipment. THIS REQUEST INCLUDES ANNEXATION INTO THE CITY OF SOUTH BEND. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, Staff recommends the Commission send the rezoning and annexation petition to the Common Council with a favorable recommendation. Staff recommends the Commission approve the variances as presented subject to a written commitment to maintain a 100' natural area along the west property line. SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report -PC#0224-24 Proposed Site Plan t Eiji $fie " -61 11141if , o wEli ! anv.,,n p8p gg §3 all r m g x o 0 o zoo w • w w • a 1• Rr warm ..-s i . .. r.»i, sic = o H NA Gvm I m 9/16/2024 age 2 of 5 Staff Report-PC#0224-24 9/16/2024 Land Uses and Zoning: On site: The site currently holds a house, garage, barn, and large farm field bordered by vegetation, and is zoned R Single Family District in St. Joseph County North: A warehouse zoned I Industrial East: A 100' strip of mature vegetation zoned R Single Family Residential in St. Joseph County and, further east, a vacant lot and manufacturing plant zoned I Industrial in St. Joseph County. South: Across Old Cleveland Road, residential units zoned R Single Family Residential in St. Joseph County West: A residential neighborhood zoned R Single Family Residential in St. Joseph County District Intent: The I District is established to provide a location for medium- to high intensity industrial uses, typically grouped along highways and major streets and separated from residential uses. Site Plan Description: The proposed development will consist of an 8000 square foot office on the western portion of the lot, a 15,000 square foot warehouse/shop and outdoor storage of large equipment on the eastern potion of the lot, and the preservation of an existing barn on the southern end of the parcel. Zoning and Land Use History and Trends: The surrounding area was largely farmland until the late 1990s, when the subdivision to the west of the site began to develop. Between 2000 and 2010 several new industrial buildings were constructed to the north and east of the site, with a final industrial site to the east of the parcel constructed between 2016 and 2017. Traffic and Transportation Considerations: Old Cleveland Road is a two lane, 20' wide road. Agency Comments: There are no agency comments at this time. Staff Comments: There are no staff comments at this time. Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective ED2: Retain existing businesses and recruit new ones to the city. Land Use Plan: The Future Land Use Plan does not address properties outside of the City limits. Plan Implementation/Other Plans: The petition is consistent with South Bend's Annexation Policy Plan (1992) "[E]xtension of City services and utilities beyond the City limits should not occur unless it furthers the annexation policies of the City..." SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0224-24 9/16/2024 2. Current Conditions and Character: Currently the character of the properties located within the City to the north are industrial uses and the properties located in the County are residential to the south and west and industrial to the east. 3. Most Desirable Use: The most desirable land use would be one which supports the ongoing development in the area in a manner compatible with the surrounding context. 4. Conservation of Property Values: The properties in the area a mix of residential and industrial uses. The annexation and rezoning should not affect the use or value of the surrounding properties, as long as an appropriate buffer is preserved between the industrial property and residential properties to the west, preserving the existing mature vegetation. 5. Responsible Development and Growth: It is responsible development and growth to require properties contiguous to the City limits to annex into the City and the time of development. Likewise, it is responsible development to allow property in an industrially developing area to be used for industrial growth at a scale that is compatible with the adjacent residential properties. Variance(s) The petitioner is seeking the following variance(s): 1) from required hard surface for outdoor storage to aggregate 2) from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthen berm plus existing vegetation on the West State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. The approval of outdoor storage on aggregate should not be injurious to the general welfare of the community. The aggregate surfaced storage area will be a considerable distance from the right of way and buffered from any privately owned adjacent property, limiting any adverse affects of the use or value of the adjacent properties. A variance from the required type 3 buffer to the existing vegetation on the east and the existing vegetation plus an earthen berm on the west would not be injurious to the general welfare of the community. The use of existing mature vegetation to buffer the property from surrounding incompatible uses would meet the intent of the ordinance. 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The use and value of adjacent properties should not be adversely impacted by the proposed variances. The aggregate surfaced storage area will be a considerable distance from the right of way and buffered from any privately owned adjacent property, limiting any adverse affects of the use or value of the adjacent properties. The use of the existing mature vegetation to the east, and the mature vegetation with an added earthen berm to the west will provide appropriately buffering. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0224-24 9/16/2024 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. The strict application of the terms of this Chapter would require the developer to create a large paved surface that would likely be damaged by the equipment stored in the area. The negative impact of that large of a impervious surface would far outweigh the potential benefit of strict compliance with the ordinance. A strict application of the ordinance calling for use of a type 3 buffer would require the developer to remove existing mature vegetation at the property line and replace it with a 6' evergreen trees. 4) The variance granted is the minimum necessary. The variances granted are the minimum necessary. Allowing an aggregate surfaced storage area set back over 300' from the right of way and buffered from adjacent properties outweighs the potential benefits of an impervious surfaced storage area. Utilizing the existing vegetation on the east property line and the existing vegetation, plus an earthen berm, on the west property line, meets the intent of the ordinance by providing appropriate buffering between adjacent uses. Alternative to the earthen berm, a written commitment to maintain a 100, natural area along the western border would also ensure appropriate buffering and the preservation of the existing mature vegetation, meeting the intent of the ordinance. 5) The variance granted does not correct a hardship caused by a former or current owner of the property. The storage of heavy equipment on an aggregate surface over 300' from the right of way meets the intent of the ordinance, and the large size of the lot allows for appropriate buffering and space in all directions to minimize potential adverse affects on adjacent properties. The existence of mature vegetation on the borders of the lot create the hardship that installing a type 3 buffer would cause a reduction in the current vegetation. Commitments: Maintaining a 100' natural area along the west property line. Analysis: The annexation and rezoning of the property to I Industrial will allow for the development of the site as an office and small scale warehouse/storage that contributes to the industrial development in the area while preserving mature vegetation. It is responsible development to assure that properties adjacent to the City limits are annexed and developed under City standards. Allowing an aggregate surfaced storage area set back over 300' from the right of way and buffered from adjacent properties outweighs the potential benefits of an impervious surfaced storage area. Utilizing the existing vegetation on the east property line and the existing vegetation, plus a 100' natural area, on the west property line, meets the intent of the ordinance by providing appropriate buffering between adjacent uses. Recommendation: Based on information available prior to the public hearing, the Staff recommends the Commission send the rezoning and annexation petition to the Common Council with a favorable recommendation. The Staff recommends the Commission approve the variances as presented subject to a written commitment to maintain a 100' natural area along the west property line. SOUTH BEND PLAN COMMISSION Page 5 of 5 Sharon L. McBride President Sheila Niezgodski Vice -President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Ophelia Gooden Rodgers Second District Sharon L. McBride Third District Troy Warner Fourth District Sherry Bolden -Simpson Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Oliver Davis At Large City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 October 9, 2024 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov Filed in Clerk's Office O C T 0 9 2024 Bianca Tirado City Clerk, South Bend, IN Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITYOF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2025 Dear Council Members: On behalf of Council Member Ophelia Gooden Rodgers and myself, as the Council's advisory members participating in the negotiations with the South Bend Firefighters, I am submitting the attached draft ordinance for filing. This ordinance sets forth the salary and other financial considerations provided to the Firefighters in their contract. As you can see, the details are left blank. This is because negotiations are ongoing. This filing will allow first reading on October 14, 2024. A substitute bill with the details filled in will be filed before second and third readings on October 28, 2024. Please file this proposed ordinance for first reading on October 14 to be assigned to the Personnel and Finance Committee for second reading and public hearing on October 28, 2024. Thank you for your consideration. Sincerely yours, Canneth Lee, First District South Bend Common Council 61-24 BILL NO. 61-24 Filed in Clerk's Office O C T 0 9 2024 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2025 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3 (d) is charged with establishing, before November 1st, the annual compensation of the South Bend Fire Department. The City of South Bend is currently negotiating a collective bargaining agreement with members of the South Bend Firefighters' Association Local No. 362 for the 2025 calendar year beginning January 1, 2025 and ending December 31, 2025. This ordinance fixes the annual pay and salaries of the sworn members of the South Bend Fire Department, including salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12, and other monetary fringe benefits. This ordinance is subject to substitution, should an agreement on wages be reached. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL-CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Fire Chief, the Assistant Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code §.36-8-1-12. Section II. Annual Maximum Salaries. a) Defmitions: For purposes of this ordinance, "Salary Classifications" mean Categories for salary and annual pay purposes only. "Rank" does not mean salary classification. b) Annual Pay for Sworn Members of the South Bend Fire Department: Maximum annual pays for the sworn members of the South Bend Fire Department, including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar year 2025 shall be set as follows: Salary Classification 2025 Fire Chief Assistant Chief Battalion Chief Captain Inspector (Non -Rank) Investigator (Non -Rank) Instructor (Non -Rank) Community Paramedic Paramedic Lt (Non -Rank) Pump Engineer (Non -Rank) Firefighter 1st Class Firefighter 2nd Class Fire Recruit (Civilian) Section III. Additional Areas of Compensation. a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the Maximum amounts permitted in each calendar year addressed. b) City of South Bend Residency Incentives. Qualifying sworn members and upper level policy making positions of the South Bend Fire Department, who establish and maintain legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply with the governing regulations for such compliance shall be entitled to the following bonuses: 2025: $ maximum payable on or before December 15, 2025 Said bonus amounts shall be pro -rated in the event that a qualifying sworn member or upper level policy making person moves into the South Bend city limits after the beginning of the calendar year or moves out of the South Bend city limits during a calendar year. Section IV. Specialty Pay. a) EMS Incentives. Monetary incentives and seat pay shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements and are assigned to perform such special duties which are verified by the department. Unless indicated otherwise, all specialty pay shall be prorated to the date of the regular assignment for such specialty duty or duties and paid accordingly. A qualifying sworn member performing any of the following specialties shall be paid at the highest certification/licensing only. Assignment 2025 Field Training Officer (FTO) Lead Paramedic Incentive Emergency Medical Responder EMT - Basic EMT — Adv. EMT - Paramedic Advanced EMT Assigned Paramedic Assigned b) Special Operation Team Specialty Pay. The following specialty pay shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements for each specialty and who are regularly assigned to perform such special duties. All specialty pay shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly. The following Special Operation Team Specialty Pay are established: Type of Special Operation Team 2025 Hazardous Materials Team Response Team Member Team Leader Swift Water Rescue Team Scuba Diver Specialist Technician Team Leader Tactical Rescue Team Response Team Member Team Leader Honor Guard Team Leader c) LEP Specialty Pay: A Limited English Proficiency (LEP) Program overseen by the City's Human Resources Director or his/her designee shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: 2025 Limited English Proficiency (LEP) d) Payment of Specialty Pays/Seat Pay: Unless indicated otherwise, specialty pay and seat pay shall be paid on a bi-weekly basis. Section V. Recall of Duty Pay and Emergency Duty Pay. a) In the event that a sworn member of the South Bend Fire Department is recalled for duty, and he or she reports for duty, he or she shall be paid at the rate of one and one-half (1 1/2) times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2) hours of work with pay. Any additional fraction of an hour over thirty (30) minutes shall constitute one (1) hour for purposes of this paragraph. b) A sworn member of the South Bend Fire Department who works emergency duty shall be paid at the rate of one and one-half (1 '/2) times the sworn member's hourly rate and shall be guaranteed a minimum of four (4) hours of work or pay. c) In the event that a sworn member of the South Bend Fire Department is called to work emergency duty for extra -alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of South Bend Fire Department units for extra -alarm fire or disasters. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in a Collective Bargaining Agreement governing extra -duty or recall are not applicable. The Fire Chief or his or her authorized designee may specify which off -duty personnel with specialized skills, including but not limited to sworn members of the South Bend Fire Department's Hazardous Materials Response Team, Swift Water Rescue Team, Tactical Rescue Team, or with needed medical specialties. Section VI. Working Out of Classification Pay. If a sworn member of the South Bend Fire Department is temporarily assigned as a Battalion Chief, Captain, Paramedic or Pump Engineer, that sworn member shall be paid while so performing such duties at the rate of pay for that position, provided that the duty assignment is for a minimum of four (4) consecutive hours as verified by a Working Out of Classification form, as verified by the officer of the rig or the Battalion Chief. Section VII. Longevity Pay. a) The Common Council hereby continues a longevity program for qualifying sworn members of the South Bend Fire Department. b) Qualifying sworn members of the South Bend Fire Department holding the rank of First Class Firefighter and above, who are employed by the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service on the South Bend Fire Department. For the purposes of Longevity Pay described in this subsection, "Years of Service" shall be calculated from the date on which a firefighter was sworn in and accrue upon the passing of the anniversary of said date. Such longevity pay shall be earned upon completion of the number of years indicated below, paid in a lump sum in the last payroll period in December, and shall be attributed to the annual salary base for pension purposes. Longevity pay shall be as follows: Cumulative Years of Service on SBFD: Longevity Pay 2025 5-9 Years of Service 10-14 Years of Service 15-19 Years of Service 20-24 Years of Service 25+ Years of Service c) Qualifying sworn members of the South Bend Fire Department holding the designation of Lead" on the Ambulance in the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service, earned upon completion of the number of years indicated below, calculated from a firefighter's designation as a "Lead." Such longevity pay shall be divided into bi-weekly payments over the year. Longevity pay shall be as follows: Longevity Pay 2025 0-1 Year of Service 2-4 Years of Service 5-8 Years of Service 9+ Years of Service Section VIII. Station Allowance. The South Bend Common Council shall budget a total monetary amount for a line -item station allowance which incorporates realignment so that the concerns of the smaller and older fire stations will be addressed and that minimum needed purchases can be made with proper approval. The amount per station shall be as follows from this line -item: Station Number 2025 1 2 3 4 5 6 7 8 9 10 11 Needed station purchases shall be approved by a majority vote of the assigned sworn members at each fire station and shall be submitted by each House Captain for review, approval and purchase by the Fire Chief and the City Controller. Such monies may not be carried over from year to year and must be used by December 31" of each calendar year. Section IX. Other Monetary Benefits. a) Safety Officers. The regularly assigned Safety Officers shall receive, in addition to his or her base salary, the sum of in calendar year 2025. b) 8-Hour Incentive Pay. An 8-hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty (40) hour workweek, not including temporary duty assignments (TDY). The sum of shall be paid to such qualifying individuals in the calendar year 2025. c) Inspector/Instructor Pay. Those First -Class Firefighters who are qualified and regularly assigned, not including temporary duty assignments (TDY), as an Inspector/Instructor, shall be provided with duty shirts and a badge, and shall be paid at the non -rank specialty pay as an Inspector or Instructor. d) Shift Instructor Pay. Shift Instructors who are qualified and selected to teach on -duty in- house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR, and other authorized department instruction, shall be paid at the rate of Dollars ($ ) per hour up to a maximum of Dollars per year, with any teaching thereafter requiring the approval of the Fire Chief, or his or her designee. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. e) Luther J. Taylor, Sr. Fire Safety Training Center 8-Hour Instructor Pay. An 8-hour Instructor Pay shall be paid to the individual regularly assigned to work a forty (40) hour workweek, not including temporary duty assignments (TOY), at the Luther J. Taylor, Sr. Fire Safety Training Center. The sum of Dollars ($ ) shall be paid per year in 2025 to the qualifying individual who is regularly assigned to work in this capacity each of those years. f) Pay for Other Instructors. Other instructors who are qualified and selected to teach specified on -duty in-house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, shall be paid at the rate of Dollars ($ ) per hour, upon the approval of the Fire Chief, or his or her designee. Said hourly rate shall be paid over and above the qualifying individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. g) Pay for Certified SCBA Repair Specialists. Those sworn members of the South Bend Fire Department who are qualified, certified and regularly assigned by the Fire Chief, or his or her designee to perform self-contained breathing apparatus (SCBA) repairs, shall be paid at the rate of Dollars ($ ) per hour up to a maximum of Dollars in any one calendar year. h) Critical Duty Dav Stipends. In 2025, the Critical Duty Day Stipend shall be set at one-half 1/2) of an eligible sworn member's regular hourly rate plus longevity, but not less than Dollars ($ ) for the ten (10) Critical Duty Days which are designated each calendar year by the Board of Public Safety. Such stipend may be pro -rated for time actually worked with the eligible sworn member choosing among three (3) options which are further addressed in the governing Collective Bargaining Agreement approved by the Board of Public Safety. i) Deferred Compensation. The City of South Bend agrees to continue to maintain the Deferred Compensation Program which became effective on January 1, 1997 for the South Bend Fire Department. This program provides that for the first Dollars ($ ) deferred by a sworn member of the Department each calendar year, the City of South Bend will match said amount $ on the dollar, and for the next Dollars ($ ) deferred by a sworn member of the Department each calendar year, the City of South Bend will match said amount, dollar for dollar. j) Life Insurance. The City of South Bend shall continue to provide life insurance coverage on all sworn members and upper level policy making positions of the South Bend Fire Department in an amount equal to the amount of the sworn member's base pay or the upper level policy making position's base pay. k) Health Insurance. Each active sworn member and upper level policy maker of the of the South Bend Fire Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. Fire pensioners who are not members of South Bend Firefighters Association Local # 362 shall pay an additional Dollars ($ ) per month over and above such rates, subject to the obligations of Local # 362 as may be further addressed in an approved Collective Bargaining Agreement between the City of South Bend and Local # 362 which provides that membership shall not be unreasonably withheld, unless agreed to by a Letter of Understanding approved by the Board of Public Safety. 1) Post -Employment Health Plan. In 2022, the City of South Bend established a Post - Employment Health Plan (PEHP) for retired firefighters into which the City of South Bend shall make an annual contribution of Dollars ($ ) for each sworn member in the calendar year 2025. Sworn firefighters may make additional contributions according to the plan documentation. m) Program Coordinators. Any appointed Program Coordinator shall receive in addition to his or her annual base salary, a maximum sum of Dollars ($ ) while he or she serves in that capacity in calendar year 2025. Section X. Education Tuition Reimbursement Program. a) The South Bend Common Council agrees to continue the Education Tuition Reimbursement Program which originally began on January 1, 2005, for calendar year 2025. Qualifying sworn members of the South Bend Fire Department participating in the education Tuition Reimbursement Program shall be entitled to the following maximum dollar amounts for course tuition and other expenses related thereto: Course Grade Earned Maximum Amount to be Reimbursed by the City A 100% of tuition costs and other expenses directly related to said costs up to a maximum of Dollars B 100% of tuition costs and other expenses directly related to said costs up to a maximum of Dollars b) Education tuition reimbursement shall be on a "first come, first serve basis," subject to the maximum dollar amount budgeted by the South Bend Common Council for said program in calendar year 2025. All Fire Department regulations governing such program must be complied with by qualifying sworn members of the South Bend Fire Department in order for an individual to be eligible to be paid under this program. Section XI. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section XII. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2024, at o'clock . m. m. Approved and signed by me on the Bianca L. Tirado, City Clerk Office of the City Clerk day of , 2024, at o'clock James Mueller, Mayor City of South Bend, Indiana 9th October, 2024 City of South Bend 466 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 City of South Bend, R Ray Real Estate, LLC Robert Michalak 705 N Hill Street South Bend, IN 46617 Phone: 574.287.6567 Fax: 574.288.7680 Filed in Clerk's Office O C T 0 9 2024 Bianca Tirado City Clerk, South Bend, IN I am submitting a petition to vacate the alley located between S. Chestnut Street and S. Walnut Street, as highlighted in the attached image. The purpose of this petition is to request that the public access to this alley be vacated for the following reasons: 1. Improved Safety: Vacating the alley would allow for the installation of a fence, which will help secure the property and reduce unauthorized foot traffic, improving overall safety for employees of 325 S. Walnut Street, residents, and surrounding community. 2. Enhanced Property Management: Fencing in the property will allow for better control of access and improved management of operations, reducing liability and enhancing the overall security of the businesses premise. I believe that vacating this alley is in the best interest of the community, and I kindly request that the municipal authorities consider this petition. Thank you for your time and attention to this matter. Thank you, Rob Michalak, Managing Member R Ray Real Estate, LLC 325 S Walnut Street South Bend, IN 46601 Phone: 574.287.6567 Fax: 574.288.7680 62-24 Filed in Clerk's Office BILL NO. ORDINANCE NO. O C T 0 9 2024 Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076- 3053; AND THE FIRST NORTH -SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation to fence in the perimeter to protect the property, shop, and employees at the Petitioner's place of business. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinances vacates the above -described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: THE FIRST EAST -WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076-3053; and THE FIRST NORTH -SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018- 3076-305301 and 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: 316 Chestnut St — 018-3076-3052 318 Chestnut St — 018-3076-305401 1 320 Chestnut St — 0183076-3054 Vacant Lot — 018-3076-3056 324 Chestnut St — 018-3076-3059 331 S Walnut St — 018-3076-3061 325 S Walnut St — 018-3076-3060 323 S Walnut St — 018-3076-3058 Vacant Lot — 018-3076-3057 319 S Walnut St — 018-3076-3055 Vacant Lot — 018-3076-3053 Vacant Lot — 018-3076-305301 SECTION IV. The vacation is subject to the elimination of the alley approach on Chestnut Street by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications. SECTION IV. The vacation is subject to the dedication of right-of-way to provide a turnaround space in the remaining North -South alley as shown in the exhibit. SECTION V. The purpose of the vacation of the real property is to fence in the perimeter of the business located at 325 S. Walnut Street in order to protect the property, shop, and employees of the tagging and printing shop at that location. SECTION VI. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of , 2024 ATTEST: Bianca Tirado, City Clerk Sharon McBride, President, South Bend Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2024, at o'clock _.m. Approved and signed by me on the Bianca Tirado, City Clerk day of , 2024, at o'clock .m. James Mueller, Mayor, City of South Bend, Indiana 2 3 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAX 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 27, 2024 Ms. Ariel Stanley Masterbilt Precision Machining 325 S. Walnut St. South Bend, IN 46601 ariel@masterbilt-inc.com RE: Alley/Street Vacation — East/West Alley between S. Chestnut St. and S between the. Train tracks and Napier St. (Preliminary Review) Dear Ms. Stanley: Filed in Clerk's Office O C r 0 9 2024 Bianca Tirado City Clerk, South Bend, IN Walnut St. and North/South Alley At its August 27, 2024 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County -City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications. These updates should be made within ninety (90) days of fmal approval from the Common Council. Please notify us when this work is complete. If you have any further questions, please call this office at (574) 235- 9251. Sincerely, s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou Filed in Clerk's Office O C T 0 9 2024 Bianca Tirado City Clerk, South Bend, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: February 23, 2024 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — ALLEY VACATION APPLICANT: Ariel Stanley/Masterbilt Precision Machining LOCATION: 325 S. Walnut St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING: Favorable COMMUNITY INVESTMENT: Favorable The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. FIRE: Favorable Recommendation POLICE: Favorable recommendation Filed in Clerk's Office STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 OC1 0 9 2024 Bianca Tirado City Clerk, South Bend, IN Date: Name: Property Address: 05.25.2024 Ariel Stanley Phone #: 2698080732 Email: ariel@masterbilt-inc.com 317, 319, 321, 323, 325, 331 Walnut Street, 316 and 320 Chestnut Street, and the two vacant parcels on the Southeast side of Chestnut Street Applicant property information: Residential Commercial El Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): Highlighted WE allly between S Chestnut and S Walnut and highlighted NS ally between traintracks and Napier Street. There would be a turn around for traffic. Is your property adjacent to the alley of interest? Do you own all adjacent properties to the alley of interest? Does the existing alley provide garage access to other property owners? Does the alley receive daily traffic excluding your own use? Would the vacation hinder public access to any of the following: a church, school, or any other public building or place? 0 Yes Yes Yes Yes Yes No 0 No 0 No 0 No 0 No Reason for street/alley vacation and proposed use: There is an operating tagging/printing shop at 325 S Walnut Street. We want to fence in the perimeter (highlighted yellow) of the property to protect the property, shop, and employees. Evntually, we plan to rezone all lots to be Industrial. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: NI/Yes No CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 771 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member 4 Briana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: August 27, 2024 Filed in Clerk's Office OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS -OF -WAY STREETS/ALLEY) Ay; eJ 3 col l 6 L _/ IA) ei6,6/61 To the Common Council of the City of South Bend, Indiana. I (we), the undersigned property owner(s), petition you to vacate: OCT 0 9 2024 Bianca Tirado City Clerk, South Bend, IN 1. THE ALLEY DESCRIBED AS: Alt( S 4IIt DATE: /06 - 8 0? the;„ 4' _ e, tom. "AIL E. eit 411,4 57-/-- 2. THE STREET DESCRIBED AS: Abutting Property Owner(s) Signatures: Na c. e3pr1nt): U/l 1. J ignature Address Lot Number 2. 3. INTEGRITYI SERVICE' ACCESSIBILITY BIANCA L. TIRADO GRAHAM D. SPARKS GABRIEL N. MCREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building 1227 W. Jefferson Blvd. South Bend, Indiana 466011 p 574.235.9221 I f 574.235.9173 I www.southbendin.gov Filed in Clerk's Office OCT 0 9 2024 Bianca Tirado City Clerk, South Bend, IN Name Mailing Address Proper Address Ross Grady PO BOX 11714 Merrillville, IN 46411 313 S. Chestnut St. South Bend, IN 46601 Guadalupe Ramos 512 S. Olive St. South Bend, IN 46619 310 S. Chestnut St. South Bend, IN 46601 William Anderson Jr. 315 Chestnut St. South Bend, IN 46601 315 S. Chestnut St. South Bend, IN 46601 Richard Dodson 617 S.36th St. South Bend, IN 46615 309 S. Chestnut St. South Bend, IN 46601 Bear Tidmore 1904 W. 84th Ave. Merrillville, IN 46410 308 S. Chestnut St. South Bend, IN 46601 Gethsemane Church of God Inc. Indiana Corp. 308 S. Walnut St. South Bend, IN 46619 307 S. Walnut St. South Bend, IN 46601 Parcel# 018-3076-3051 R. Ray Real Estate, LLC. 705 N. Hill St. South Bend, IN 46617 324 Chestnut St. South Bend, IN 46601 Parcel# 018-3076-305301 Kenny & Jamie Johnson 311 Chestnut St. South Bend, IN 46619 311 S. Chestnut St. South Bend, IN 46601 Foxtrot Realty Inc. 4201 W. Linden Ave. South Bend, IN 46619 1410 Napier St. South Bend, IN 46601 Thomas and Joetta Taylor 225 N. Mahaffie St. Olathe, KS 66061 312 S. Chestnut St. South Bend, IN 46601 Masterbilt Inc. 325 S. Walnut St. South Bend, IN 46619 316, 318, 319, 320, 323, 325 & 331 S. Chestnut St. Parcel# 018-3076-3053 Parcel# 018-3076-3056 n lerk's Off 1 1 9 2024 Bin Tirado r--;ty Clerk, outh Bend, IN S tHESTNUT ST MIK Filed in Clerk's Office OCT 0 9 2024 Bianca Tirado City Clerk, South Bend, IN ivSOUTHa; Filed in Clerk's Office r--- ti OCT 2 2 2024 x.__ PI_\l I. . Bianca Tirado City Clerk, South Bend, IN 1865 CITY OF SOUTH BEND COMMUNITY INVESTME\T October 22, 2024 Sharon L. McBride, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Warren Township (Cleveland Poppy Annexation Area) Dear President McBride: I am attaching for filing the above resolution, which is a companion to Bill No. 44-24. That bill proposes to voluntarily annex contiguous territory in Warren Township to the City of South Bend. This resolution provides for the Common Council's adoption of the written plan and policy concerning the provision of services, both capital and non-capital, to the territory to be annexed. This 21.8-acre annexation area contains four parcels at the northeast corner of Poppy Road and Cleveland Road, plus adjacent right-of-way. All public improvements, if any, will be required to be done at the expense of the developer. I request that the attached resolution be placed on the agenda of the October 28, 2024, Common Council meeting at which the companion bill is given Second Reading. I will be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the presenter. If you have any questions,please feel free to contact me at (574) 235-7625. Thank you. Si& ell ly, Principal Development Planner EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov 24-34 Filed in Clerk's Office 0 C T 2 2 2024 BILL NO. 24-34 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN WARREN TOWNSHIP CLEVELAND POPPY ANNEXATION AREA) WHEREAS,there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all(100%)property owners which proposes the annexation of real estate located in Warren Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 21.8 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., 16.8% contiguous, generally located at the northeast corner of Poppy Road and Cleveland Road (25471, 25481, and 25491 Cleveland Road). It is anticipated that the annexation area will be used for office, warehouse, and storage development; and WHEREAS, this development will require a basic level of municipal public services of a non-capital improvement nature,including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature,including police and fire protection,street and road maintenance, street sweeping,flushing, and snow removal,and sewage collection,and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one(1)year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees 1 or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Warren Township, St. Joseph County, Indiana, be annexed to the City of South Bend: That part of the South Half of Section 24 and the North Half of Section 25, both in Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana, which is more particularly described as: Northwest corner of a parcel of ground described in deed document number 9349703 in the records of the St. Joseph County, Indiana Recorder's Office; thence east (all bearings assumed)along the north line of said parcel and the existing City of South Bend municipal corporate limit line,a distance of 706.79 feet more or less to the northeast corner of a parcel of ground described in said deed document; thence south along the east line of said parcel and its southerly extension, a distance of 1356.5 feet more or less to a point on the south right-of-way line of Cleveland Road; thence west along said south line, a distance of 727.2 feet more or less to the intersection of the south line of said Cleveland Road with the west right-of-way line of Poppy Road; thence north, a distance of 80 feet more or less to the north right-of-way line of said Cleveland Road;thence east along said north line, a distance of 40 feet more or less, to a point on the west line of said parcel; thence north along the west line of said parcel, a distance of 1297 feet more or less to the point of beginning. Containing 21.83 acres more or less. Subject to all legal highways, easements and restrictions of record. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three(3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto and fully incorporated herein as Exhibit "A", and made a part hereof,for the furnishing of said services to the territory to be annexed,which provides,among 2 other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with costs for extensions, any improvements in sewer or water capacity, and a City-approved drainage system to be paid for by the developer, all in compliance with state and local law; that no additional street lighting will be necessary and any future lighting especially of a decorative nature or with underground wiring will be at the developer/owner's expense; that no new public streets will be required. Section IV. Sidewalks should be provided along public streets as required and must comply with the Americans with Disabilities Act(ADA)under the PROWAG standards. Section V. It is required as a condition of annexation that any future improvements or alterations to the property meet the City of South Bend's building, zoning, and subdivision requirements. Section VI. This Resolution shall be effective from and of the date of adoption by the Common Council. Sharon McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2024, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana 3 4 Exhibit "A"Filed in Clerk's Office o c r 2 2 2024 Bianca Tirado City Clerk, South Bend, IN THE CITY OF SOUTH BEND FISCAL PLAN CLEVELAND POPPY ANNEXATION AREA Prepared by City of South Bend Department of Community Investment September 30. 2024 Cleveland Poppy Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION 3 SECTION II. GENERAL DATA 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings& Land Use F. Zoning& Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership &Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES 6 A. Public Works B. Police Department C. Fire Department& EMS D. Neighborhood Services & Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS& DEVELOPMENT CRITERIA 10 SECTION V. FISCAL IMPACT 11 Fiscal Impact: TABLE 1 Legal Description 13 Map: MAP 1 14 Cleveland Poppy Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in Warren Township, St. Joseph County, Indiana (hereinafter, Annexation Area"), and was developed through the cooperative efforts of the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located at the northeast corner of Poppy Road and Cleveland Road 25471, 25481, and 25491 Cleveland Road). See Map 1. B. Legal Description The Annexation Area is part of the South Half of Section 24 and the North Half of Section 25, both in Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana. For a complete legal description, see Page 13. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 706.79 feet 16.8% Non-Contiguous 3,500.71 feet 83.2% Total 4,207.50 feet 100.0% D. Size of Annexation Area The Annexation Area is approximately 21.8 acres. Cleveland Poppy Annexation Area 4 E. Buildings& Land Use The Annexation Area contains a house, garage, barn, and farm field. A development of office space, a warehouse/workshop, and construction equipment storage is proposed for the land. F. Zoning&Subdivisions The property in the Annexation Area is currently zoned R Single Family District in St. Joseph County. With the annexation petition, the petitioner seeks to rezone the land to I Industrial District in the City. The Annexation Area does not fall within any subdivision of record. G. Population No people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate & Impact The tax rates used are those of 2023 payable 2024. The total tax rate for unincorporated Warren Township is 2.7780 per $100 of taxable real estate. The total tax rate for South Bend Warren Township is 5.3430 per $100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other(Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected,for at least four years after the effective date of this annexation, to have a negligible impact on the finances and tax revenues of South Bend and other political subdivisions to which the proposed annexation applies, on the political subdivisions in St. Joseph County not part of this annexation, and on taxpayers not part of this annexation. Cleveland Poppy Annexation Area 5 I. Parcel Ownership&Assessments Parcel Identification Assessed Number Address Parcel Owner Value Total) 021-1036-059003 25471 Cleveland Rd Sims Leo A & Pasqua 159,100 Dipinto HW Sims Leo A & Pasqua Dipinto & Hoffman 021-1036-0590 25491 Cleveland Rd Rosemary & Montgomery $13,900 Mary Ann & Rhymer Johanna & Ferency Teresa JT w/ROS 021-1036-059006 25481 Cleveland Rd Sims John Joseph 4,700 021-1036-059005 25471 Cleveland Rd Sims Pasqua 3,800 Total Assessments Land: 71,800 Improvements:109,700 Total (Gross): 181,500 Total (Net): 181,500 Assessments are based on 2024 payable 2025 St. Joseph County property tax records. J. Municipal Legislative District The Annexation Area will be in the 1st District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of any other governmental entities. The Warren Township Trustee has been notified of this proposed annexation. Cleveland Poppy Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - The nearest sanitary sewer is an 8" diameter pipe parallel to Cleveland Road and south of the pavement. The depth of the sewer is unknown and must be field-verified. It is the developer's financial responsibility to make the connection to a public sewer. Development of the site requires development of a Drainage Plan. No public storm sewer is available to the site. Retention basins and low impact means to promote infiltration of surface water will be required. The developer will also be required to generate an erosion control plan and obtain a permit. Water-There is a 16" water main under the pavement on Old Cleveland Road. It is the developer's financial responsibility to make the connection to public water. Extensions of or taps into sanitary sewer and water lines shall be governed by state law and the rules and regulations of the South Bend Water Works and Sewer Utility. The Annexation Area may be subject to system development charges for both water and sewer services. Streets - This annexation would add about 700 feet of Old Cleveland Road to the City. A City permit will be needed for driveway access to the property. The lot lines of the proposed annexation area extend into Old Cleveland Road. A lot line adjustment on these lots is recommended to provide a consistent forty-foot public right-of-way. There is no sidewalk in this area, and the developer may be required to build public sidewalk as part of the development process. Street Lighting -There is no street lighting on Old Cleveland Road. No additional street lighting is necessary for this annexation area. Should any additional street lighting be desired, it can be provided on wood poles with overhead wiring through an ongoing contract with Indiana Michigan Power. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. 2023 Actual Budget Report for the Department: Expenditures: 36,313,657 Miles of Roadway in City: @502 Cost per Mile: @$72,338 New Mileage within Area: @0.14 miles (727 feet) Estimated Maintenance Cost for Annexation Area per year: @$10,127 Cleveland Poppy Annexation Area 7 B. Police Department The Annexation Area would be added to the existing Beat 22. Police patrols and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation Area will not significantly increase response time. The cost of servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However,this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that found in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2023 Actual Budget Report for the Department: Expenditures (including pension cost): $54,441,986 Number of Households in City (2022): @41,488 Cost per Household: @$1,312 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$1,149 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area:4 Cost for Annexation Area per year: 4,596 (4 parcels x$1,149/ parcel) Cleveland Poppy Annexation Area 8 C. Fire Department& EMS Fire Response - The South Bend Fire Department provides a fully staffed,full-time fire department. The Annexation Area will be serviced primarily by Fire Station #11 at 3505 N. Bendix Drive, which is approximately 3.9 miles away. Additional Fire Department units would respond from Fire Station #6, located at 4302 W. Western Avenue, approximately 6.2 miles away. Response times will be slower than best practice response times as designated by NFPA 1710. These standards note that a first engine should arrive within 4 minutes and a second engine within 6 minutes at a fire suppression incident. The response time to the annexation area will be comparable to other areas on the edge of the City, where it typically takes the first engine 6-7 minutes to arrive and the second engine 10 minutes. Otherwise, the South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary as any development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medic #11, which is at Fire Station #11 at 3505 N. Bendix Drive (approximately 3.9 miles away) and Medic #6, which is at Fire Station 6 at 4302 W. Western Avenue (approximately 6.2 miles away). Response times will be comparable to other areas on the edge of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2023 Actual Budget Report for the Department: Expenditures (including pension cost): $44,998,334 Number of Households in City (2022): @41,488 Cost per Household: @$1,085 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$949 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area:4 Cost for Annexation Area per year: 3,796 (4 parcels x$949/ parcel) Cleveland Poppy Annexation Area 9 D. Neighborhood Services& Enforcement The Annexation Area will be added to Area 5. The Division of Neighborhood Services & Enforcement will be able to provide services to the Annexation Area with comparable response times. The Division will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the annexation. 2023 Actual Budget Report for the Division: Expenditures: 7,732,302 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$163 Proposed Number of Parcels in Area:4 Cost for Annexation Area per year: 652 (4 parcels x $163/ parcel) E. Environmental Services Wastewater Treatment-Wastewater treatment services are supported by user fees and are paid through the Water Works billing system. Solid Waste - Larger scale commercial or industrial customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste can provide service to small commercial customers at the prevailing rate at that time for a 96-gallon container with service beginning on the effective date of the annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Venues Parks &Arts. These services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, and the St. Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Cleveland Poppy Annexation Area 10 SECTION IV. LAND USE ANALYSIS& DEVELOPMENT CRITERIA This proposed annexation will bring four properties into the City of South Bend. The petitioner proposes to utilize the land for office and warehouse/storage space. The Annexation Area is presently zoned R Single Family District in unincorporated St. Joseph County and the petitioner is proposing a rezoning to I Industrial in the City. A warehouse, zoned I Industrial in the City, is located to the north. To the east is a 100' strip of mature vegetation zoned R Single Family Residential in St. Joseph County and, further east, a vacant lot and manufacturing plant zoned I Industrial in St. Joseph County. To the south, across Old Cleveland Road, are residential units zoned R Single Family Residential in St. Joseph County. To the west is a residential neighborhood zoned R Single Family Residential in St.Joseph County. According to a preliminary site plan,the petitioner proposes to retain the existing barn and construct an 8,000 square foot office, 15,000 square foot warehouse, and an outdoor storage area. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Cleveland Poppy Annexation Area 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City, if any, will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on 2023 payable 2024 tax information, assessments of comparable developments, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, are a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Cleveland Poppy Annexation Area 12 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital Non Capital Notes 5-Year Total Est.) Per Year (Est.) Street Construction 0 0 Connection at Sewer Extension 0 petitioner's 0 expense Connection at Water Extension 0 petitioner's 0 expense Street Lights 0 0 Street Maintenance 0 10,127 50,636 Police 0 4,596 22,980 Fire 0 3,796 18,980 Neighborhood 0 652 3,260 Services Approximate 5-Year Expenditures 95,856 Revenues Notes Total (Est.)5-Year Total Year 1 5,430 Year 2 45,000 Property Taxes Year 3 45,000 185,430 to City) Year 4 45,000 Year 5 45,000 MVH/LRSA Estimated at revenue 4,229 21,145 per mile of $33,234 Approximate 5-Year Revenues 206,575 Revenue estimate based on $181,500 net assessment and capped tax rate of 3% of 181,500 gross assessment in Year 1 and $1,500,000 net assessment and capped tax rate of 3% of$1,500,000 gross assessment for all years following. Cleveland Poppy Annexation Area 13 LEGAL DESCRIPTION That part of the South Half of Section 24 and the North Half of Section 25, both in Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana, which is more particularly described as: Northwest corner of a parcel of ground described in deed document number 9349703 in the records of the St. Joseph County, Indiana Recorder's Office;thence east (all bearings assumed) along the north line of said parcel and the existing City of South Bend municipal corporate limit line, a distance of 706.79 feet more or less to the northeast corner of a parcel of ground described in said deed document;thence south along the east line of said parcel and its southerly extension, a distance of 1356.5 feet more or less to a point on the south right-of-way line of Cleveland Road; thence west along said south line, a distance of 727.2 feet more or less to the intersection of the south line of said Cleveland Road with the west right-of-way line of Poppy Road; thence north, a distance of 80 feet more or less to the north right-of-way line of said Cleveland Road: thence east along said north line, a distance of 40 feet more or less, to a point on the west line of said parcel; thence north along the west line of said parcel, a distance of 1297 feet more or less to the point of beginning. Containing 21.83 acres more or less. Subject to all legal highways, easements and restrictions of record. Cleveland Poppy Annexation Area 14 MAP 1 I Cleveland Poppy Annexation Area I I -icI 1 VU MJtIV-- 71-"" ,:10121 it 1 t''''' OS1010on. ''' 11111011 OX 4---- Jj CLEVELAND r NORTH a O a. 1 0 250 500 Cleveland Poppy Annexation Area Q City of South Bend Feet Prepared by City of South Bend Department of Community Investment August 26.2024 Filed in Clerk's Office 4)V OCT 23 2024CITYOFSOUTHBENDBiancaTirado s P CE City Clerk, South Bend, INCOMMUNITYINVESTMENT October 23, 2024 Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Confirming Resolution: Mixed- Use Development Real Property Tax Abatement Petition for the Historic Hearthstone LLC Dear Council Member Warner, Please find the enclosed Confirming Resolution and Memorandum of Agreement for a mixed- use development real property tax abatement for Historic Hearthstone LLC, an Indiana Limited Liability Company. The petitioner plans to redevelop the property at 321 W. Wayne Street into a restaurant and family entertainment space. Also, the building will provide office and working spaces for Indiana Landmarks and South Bend Trade Works. The total investment for this project is approximately $2,500,000. The project meets the qualifications for a ten-year (10) mixed-use development real property tax abatement. A representative from Historic Hearthstone, LLC, will be available to meet with the Committee on Monday, October 28, 2024. Should you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Blvd. South Bend.Indiana 46601 p 574.235.9371 wwwsouthbendin.gov 24-35 Filed in Clerk's Office BILL NO. 24-35 O C T 2 3 2024 RESOLUTION NO. Bianca Tirado City Clerk, South Bend, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 321 W. Wayne Street, South Bend, Indiana 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR Historic Hearthstone LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-08-11-283-016.000-026 Local Parcel Number: 018-3011-0402 Commonly Known As: 321 W. Wayne Street Legal Description: 68.6 Ft E Side Lot 4 Johnson 2 Ac Sub be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met; and WHEREAS, the Council adopted Declaratory Resolution No. 5095-24 on October 14, 2024. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and shall expire on December 31, 2027. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of ten (10) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 95% Year? - 95% Year 8 - 95% Year 9 - 95% Year 10 - 95% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2024, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024,at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office O C T 2 3 2024 MEMORANDUM OF AGREEMENT Bianca Tirado City Clerk, South Bend, IN MIXED-USE DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of October 18, 2024. serves as confirmation of a commitment by Historic Hearthstone LLC (the"Applicant"). pending an October 28, 2024, public hearing, to comply with the project description, job creation and retention (and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement, the property is located at 321 West Wayne Street,South Bend, Indiana 46601,and has Key Number 71-08-11-283-016.000-026. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the address or Key Number of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing, replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana, (the "City") commits to provide a ten-year(10) mixed-use development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a) making or causing to be made total combined real property expenditures of no less than Two Million Dollars ($2,000,000.00) for the rehabilitation of the existing structure of approximately seventeen thousand(17,000)square feet,which includes the creation of a restaurant and office spaces, at property identified in Section 1 of this Agreement; b) creating or enabling the creation of, at the new restaurant, approximately twenty (20) full-time equivalent jobs with a total estimated annual payroll of at least Seven Hundred Thirteen Thousand Six Hundred Dollars($713,600.00); and c) acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled "Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits&overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the 1 Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20) days following any such request.Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. It,after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement' ). and Applicant shall make such repayment to the City within one hundred twenty (120) days of the date of the Statement. If the Applicant does not make timely repayment.the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City 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 exercise of the same or of any other right,remedy, power.or privilege with respect to any occurrence or be construed as a waiver of 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. 1 I. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as set forth below: If to Applicant: Historic Hearthstone LLC 615 W. Colfax Ave. South Bend, Indiana 46601 Attn: Regina Emberton If to the City: City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite I400S South Bend, Indiana 46601 Attn: Executive Director of Community Investment 12. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 3 I3. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except (a) that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the project which is the subject of this Agreement. 15. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon,and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 16. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other,and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 17. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.I 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" Historic Hearthstone LLC City of South Bend, Indiana By: Regina Emberton B Regina Emberton Sharon McBride Manager and Principal President. South Bend Common Council Approved as to Legal Adequacy and Form this By: day of 2024. Troy Warner Chairperson,Community Investment Counsel, South Bend Common Council Committee By: Erik Glavich Counsel for Applicant Department of Community Investment By: James Mueller Mayor 5 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC ofa resolution confirming the adoption of Declaratory Resolution No. 5095-24. the property owner is qualified for and is granted a mixed-use development real property tax abatement for a period of ten(10) years as shown by the schedule outlined below. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 95% Year? - 95% Year 8 - 95% Year 9 -95% Year 10 - 95% Signature: gejia°` Email: r.emberton@outlook.com 6 Filed in Clerk's Office O C T 2 3 2024 CITY OF SOUTH BEND Bianca Tirado cE y City Clerk, South Bend, IN COMMUNITY INVESTMENT 865 October 23, 2024 Council Member Sharon McBride Council Member Troy Warner President Chairperson South Bend Common Council Community Investment Committee County-City Building, 4th Floor South Bend Common Council South Bend, Indiana 46601 County-City Building, 4th Floor South Bend, Indiana 46601 RE: Resolution Correcting Scrivener's Error: Hotel/Motel Development Real Property Tax Abatement for AFP 111 Corp. (DoubleTree by Hilton South Bend) Dear President McBride and Council Member Warner, Please find the enclosed resolution correcting a scrivener's error in Resolution No. 5096-24, a declaratory resolution adopted by the Common Council on October 14, 2024. Resolution No. 5096-24 designated the property commonly known as 123 N. Dr. Martin Luther King Jr. Boulevard in South bend an economic revitalization area for purposes of a nine-year(9) real property tax abatement. Resolution No. 5096-24 had an inadvertent and unintended error in Section V. As adopted by the Common Council, Resolution No. 5096-24 established that the designation as an economic revitalization area shall expire on December 31, 2033. The expiration date of the designation should have been December 31, 2027. If adopted by the Common Council, the enclosed resolution would fix this error. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574. 235.9371 www.southbendin.gov 24-36 Filed in Clerk's Officc O C T 2 3 2024 BILL NO. 24-36 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5096-24 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 N. Dr. Martin Luther King Jr. Boulevard, South Bend, Indiana 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP 111 Corp. WHEREAS, on October 14, 2024, the Common Council of the City of South Bend, Indiana,adopted Resolution No. 5096-24 designating a certain area within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, Resolution No. 5096-24 designated the area described as: Key Number: 71-08- 12-112-002.000-026 Local Parcel Number: 018-3091-347401 Commonly Known As: 123 N. Dr. Marting Luther King Jr. Boulevard Legal Description: River Bend Addn To City Of So Bend Sec 12-37-2e Also Known As Block 3 &Pt Of Block 4 an Economic Revitalization Area under the provisions of Indiana Code 6-1. 1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, Section V of Resolution No. 5096-24 inadvertently and incorrectly established that the designation as an Economic Revitalization Area shall expire on December 31, 2033,and instead should have established that the designation as an Economic Revitalization Area shall expire on December 31, 2027; and WHEREAS, the Common Council desires to correct this scrivener's error appearing in Resolution No. 5096-24. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Section V of Resolution No. 5096-24 as adopted on October 14,2024, is deleted and in its place is inserted: SECTION V. The designation as an Economic Revitalization Area shall expire on December 31, 2027. SECTION II. Resolution No. 5096-24 is reaffirmed in all other respects and will continue in full force and effect according to its terms. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2024, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024,at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office O C T 2 3 2024 CITY OF SOUTH BEND Bianca Tirado City Clerk, South Bend, IN COMMUNITY INVESTMENT Pair? October 23, 2024 Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Confirming Resolution: Hotel/Motel Development Real Property Tax Abatement Petition for the AFP 111 Corp. (DoubleTree by Hilton South Bend) Dear Council Member Warner, Please find the enclosed Confirming Resolution and Memorandum of Agreement for a Hotel/Motel Development real property tax abatement for AFP 111 Corp., a foreign for-profit corporation. The petitioner intends to renovate the DoubleTree hotel at 123 N. Dr. Martin Luther King Jr. Boulevard. The ownership group since 2017 has invested more than $4.4 million in the property and is in the process of planning a major renovation to the guestrooms, bathrooms, restaurant spaces, ballrooms, and meeting rooms. Other planned improvements concern sprinkler pipe replacements, boiler conversions, elevator upgrades, and HVAC replacements. The total investment for this project is $9,200,000. The project meets the qualifications for a nine-year (9) hotel/motel development real property tax abatement. A representative from AFP 111 Corp. will be available to meet with the Committee on Monday, October 28, 2024. Should you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend.Indiana 46601 p 574.235.9371 www.southbendin.gov 24-37 Filed in Clerk's Office OCT 2 3 2024 BILL NO. 24-37 RESOLUTION NO. City Clerk,South Bend, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 N. Dr. Martin Luther King Jr. Boulevard, South Bend, Indiana 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP 111 Corp. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-08-12-112-002.000-026 Local Parcel Number: 018-3091-347401 Commonly Known As: 123 N. Dr. Marting Luther King Jr. Boulevard Legal Description: River Bend Addn To City Of So Bend Sec 12-37-2e Also Known As Block 3 &Pt Of Block 4 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met; and WHEREAS, the Council adopted Declaratory Resolution No. 5096-24 on October 14, 2024. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for hotel/motel development real property tax abatement only and shall expire on December 31, 2027. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of nine (9) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 95% Year 5 - 90% Year 6 - 85% Year 7 - 80% Year 8 - 75% Year 9 - 70% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2024, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office OCT 2 3 2024 Bianca Tirado MEMORANDUM OF AGREEMENT City Clerk, South Bend, IN HOTEL/MOTEL DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of October 18, 2024, serves as confirmation of a commitment by AFP 111 Corp. — Double Tree by Hilton South Bend (the Applicant"),pending an October 28,2024,public hearing,to comply with the project description,job creation and retention (and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement,the property is located at 123 N. Dr. Martin Luther King Jr. Blvd. in South Bend, and has Key Number 71-08-12-112-002.000-026. Throughout the duration of the abatement,the Applicant shall promptly report any changes in the address or Key Number of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing, replatting,or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana,(the"City")commits to provide a nine-year(9)hotel/motel development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a) making total combined real property expenditures of no less than Nine Million and Two Hundred Thousand dollars ($9,200,000.00) for the renovation of the current hotel at the property identified in Section 1 of this Agreement; b) creating at least five (5) permanent full-time jobs with a total estimated annual payroll of at least One Hundred and Sixty-Six Thousand Dollars($166,000.00); and c) acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled"Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits&overtime) associated with the positions,and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The 1 Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20)days following any such request. Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control,as described in Section 5 below. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If,after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 2 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement"), and Applicant shall make such repayment to the City within one hundred twenty(120) days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City 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 exercise of the same or of any other right,remedy,power,or privilege with respect to any occurrence or be construed as a waiver of 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. 11. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as set forth below: If to Applicant: United Capital Corp 9 Park Place Great Neck,NY 11021 Attn: Ben Zimmerman,Vice President If to the City: City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 Attn: Executive Director of Community Investment 12. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 13. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any 3 documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except (a) that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the project which is the subject of this Agreement. 15. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon,and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 16. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other,and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 17. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" AFP 111 Corp.—Double Tree by Hilton South City of South Bend, Indiana Bend By: / By: Ben Zimmerman Sharon McBride Vice President—AFP 111 Corp.President, South Bend Common Council Approved as to Legal Adequacy and Form this By: day of 2024. Troy Warner Chairperson,Community Investment Counsel, South Bend Common Council Committee By: Erik Glavich Counsel for Applicant Department of Community Investment By: James Mueller Mayor 5 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution No. 5096-24, the property owner is qualified for and is granted a hotel/motel development real property tax abatement for a period of nine(9) years as shown by the schedule outlined below. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 95% Year 5 - 90% Year 6 - 85% Year?-80% Year 8-75% Year 9-70% 6 4cpUTH,_:.:, W,,,,,,‘,. i.:\ d i x 1865 CITY OF SOUTH BEND COVMMU \ ITY I \VESTVE\T October 23, 2023 Sharon L. McBride, President South Bend Common Council 4th Floor, County-City Building RE: Lafayette Falls Extension Annexation Area, south of Lafayette Falls Phase I Annexation Area and west of S US-31 Highway Dear President McBride: Attached is an Ordinance for the proposed annexation at the above referenced location. Please include this Ordinance on the Council agenda for first reading at the October 28, 2024, Council meeting; for second reading at the January 13, 2025, Council meeting; and for third reading at the January 27, 2025, Council meeting. Per the provisions of Section 21-01.02(g) of the South Bend Municipal Code, the property would automatically be zoned to S 1 Suburban Neighborhood 1 District upon annexation without needing a public hearing before the South Bend Plan Commission. The petitioner provided the following to describe the proposed project: Annexation of R-Residential parcels from St. Joseph County into the City of South Bend as S 1 Suburban Neighborhood 1. If you have any questions, please feel free to contact me at (574) 235-7625. Thank you. Sincerely, a------- Filed in Clerk's Office Amani Morrell Principal Development Planner O C T 2 3 2024 Bianca Tirado cc: Bob Palmer, Attorney, Common Council City Clerk, South Bend, IN Staff, South Bend Plan Commission EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION 1 EMPOWERMENT 14005 County-City Building 1 227 W.Jefferson Bvld.1 South Bend,Indiana 46601 1 p 574.235.9371 p www.southbendin.gov 63-24 Filed in Clerk's Office BILL NO. 63-24 O C T 2 3 2024 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 5, FOR LAND SOUTH OF LAFAYETTE FALLS PHASE I ANNEXATION AREA AND WEST OF S US-31 HIGHWAY, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to annex a portion of two properties south of Lafayette Falls Phase I Annexation area and west of S US-31 Highway; the properties would be automatically zoned to S 1 Suburban Neighborhood 1 District in South Bend. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate is situated in St. Joseph County, Indiana,being contiguous by more than one-eighth(1/8)of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of those lands conveyed to Lafayette Falls, LLC as described in Instrument Number 2020-06998 and Instrument Number 1723447—Parcel 2, as recorded in the St. Joseph County Recorder's Office, and part of those lands conveyed to the State of Indiana as described in Instrument Number 1113186 and Instrument Number 1115059, as recorded in said Recorder's Office, and being situated in the South Half of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County Indiana, and being more particularly described as follows: Commencing at the West Quarter corner of said Section 2 and being the Northwest corner of Outlot"A", as shown on the recorded plat of Zeiger's US 31 Minor Subdivision, recorded as Instrument Number 0516808 in said Recorder's Office; thence Easterly, along the North line of said Outlot"A", a distance of 2633 feet, more or less, to the Northeast corner of said Outlot"A", also being the center of said Section 2; thence Easterly, along the North line of Lot 2 of said Zeiger's US 31 Minor Subdivision, a distance of 406 feet, more or less, to the Easterly line of said State of Indiana land as described in Instrument Number 1113186, St Joseph County Recorder; thence Southwesterly, along the Easterly line of said State of Indiana Land, a distance of 771 feet, more or less, to a point lying 680 feet South of the Easterly extension of the North line of said Outlot"A"; thence Westerly, parallel with the North line of said Outlot"A", a distance of 2667 feet, more or less, to the West line of said Section 2 and being the West line of Outlot"A"; thence Northerly, along the West line of said Section 2 and the West line of Outlot"A", a distance of 680 feet, more or less, to the Point of Beginning. Containing 44.6 acres, more or less, and being subject to all rights-of-way, covenants, easements, and restrictions of record. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above-described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 10689-19, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as S 1 Suburban Neighborhood 1 District, per the provisions of Section 21-01.02(g) of the South Bend Municipal Code. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Sharon McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 -