HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 01.09.25
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, January, 9, 2025 – 9:30 a.m.
BPW Conference Room 13th Floor or https://tinyurl.com/RDC-2025-2T
1. Roll Call
2. 2025 Election of Officers
3. Approval of Minutes
A. Minutes of the Regular Meeting of December 12, 2024
4. Approval of Claims
A. Claims Allowance December 10, 2024
B. Claims Allowance December 31, 2024
5. Old Business
A. None
6. New Business
A. River West Development Area
1. Resolution No. 3626 Approving Development Agreement (J.C. Hart
Company)
2. Resolution No. 3627 Establishing New Allocation Area (J.C. Hart Company)
3. Bid Specifications for Disposition of Property (808 S. Lafayette Blvd.)
4. Notice of Intended Disposition of Property (808 S. Lafayette Blvd.)
5. Resolution No. 3625 for Disposition of Property (808 S. Lafayette Blvd.)
6. Approve Request for Proposal (Main Street Housing)
7. Budget Request (Improvements to RDC Owned Properties)
8. Fund Appropriation (Affordable HomeMatters Lincoln Park)
B. South Side Development Area
1. 2025 Fund Appropriation (466 Works Loan)
7. Progress Reports
A. Tax Abatement
B. Common Council
C. Updates - Due Diligence of 415 E. Madison for Commissioners
D. Other
8. Next Commission Meeting
Thursday, January 23, 2025, 9:30 a.m.
CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
SOUTH BEND REDEVELOPMENT COMMISSION MINUTES
December 12, 2024, at 9:30 a.m.
BPW Conference Room, 13th Floor, County-City Building
https://tinyurl.com/RDC-Meeting-2T
The South Bend Redevelopment Commission was called to order at 9:31 a.m.
Vice President David Relos presiding.
1. ROLL CALL
Members Present: David Relos, Vice President
Vivian Sallie, Secretary
Eli Wax, Commissioner
Gillian Shaw, Commissioner
Members Virtually: Leslie Wesley, Commissioner
Members Absent: Troy Warner, President
Legal Staff: Danielle Campbell Weiss, Asst. City Attorney
Redevelopment Staff: Sarah Schaefer, Deputy Director, DCI
Erik Glavich, Director of Growth and Opportunity, DCI
Rosa Tomas, Director of Finance, DCI
Joseph Molnar, Asst. Dir. of Growth and Opp., DCI
Erin Michaels, Property Development Manager, DCI
Tim Corcoran, Chief Planner, DCI
Chris Dressel, Senior Planner, DCI
Laura Hensley, Board Secretary, DCI
Others Present: Denise Riedl, Chief Innovation Officer
Patrick Sherman, Project Manager
Leslie Biek, Assistant City Engineer
Madi Rogers, Director of Civic Innovation
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
2
Lynn Wetzel, Program Manager of Transportation
Philip Darrow, 310 W. Ewing Ave.
Andy Place, 620 Ironwood Dr.
Randal Jennings, 16145 S. Twyckenham Dr.
Thomas Clemans, 1305 Campeau St.
Amanda Shutts, 701 Portage Ave.
Greg Swiercz, SB Tribune
Tom Lindemann, 18488 Kern Rd.
Molly Johnson, 2500 Green Tech Dr.
Justin Young, 2500 Green Tech Dr.
Matt Barrett, 110 S. Niles Ave.
Tina Patton, Cross Community
Randy Jennings, 1614 S. Twyckenham Dr.
Jorge Juarez, 220 W. Eckman St.
2. Approval of Minutes
A. Approval of Minutes of the Regular Meeting of Thursday, November 25,
2025
Upon a motion by Eli Wax for approval, second by Vivian Sallie, the
motion carried unanimously; the Commission approved the minutes of the
regular meeting of November 25, 2025.
3. Approval of Claims
A. Claims Allowances 11.26.2024 & 12.03.2024
Commission Eli Wax asked about the digital storefront item. Joseph
Molnar, Assistant Director of Growth and Opportunity stated that it is a
grant for small businesses assisting with website creation.
Upon a motion by Eli Wax for approval, second by Vivian Sallie, the
motion carried unanimously; the Commission approved the claims
allowances of 11.26.24, and 12.03.24.
4. Old Business
A. None
5. New Business
A. Redevelopment General Fund
1. Budget Request (Commuters Trust Funding)
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
3
Madi Rogers, Director of Civic Innovation, gave a brief introduction to
what Commuters Trust is and about the $200,000 budget request.
$130,000 will cover transportation costs and $70,000 is for project
management and business analytics support. Lynn Wetzel, Program
Manager of Transportation, presented that services provided are,
increased job security for wage workers, reduced turnover and no-
shows for local employers, and broaden access to essential services
for underserved communities for transportation. Ms. Wetzel explained
that the problem is that it costs on average $525 to own a vehicle. Both
on a local and national level, 1 in 4 individuals struggle to access
reliable transportation. Ms. Wetzel explains that there are two
examples of the program, 1 is non-profit program and 2 is a cost-share
employer program and these programs have been running since 2020.
She stated that enrollment takes 5 minutes and benefits can only be
used for eligible rides. The employer partner program (to date) impacts
670 participants, 27,581 Uber/Lyft rides, 71,335 Transpo rides, and
$15.11 average ride costs. She gave an example of employees that
were able to increase their hours by 1.27 shifts per month and that
resulted in an extra $151.00 a month per worker.
Vice President Relos asked to clarify, the program pays 1/3 and the
employers pays 2/3 and Ms. Rogers confirmed, the estimated partner
commitments are $183,000, CT Transportation contribution is
$130,000, Administrative expenses are $70,000 with a total budget of
$383,000 with a City commitment of $200,000. Commissioner Wax
asked to clarify, the program would share up to 67% of the total
transportation costs and Ms. Rogers confirmed. Commissioner Wax
also asked for economic impact and growth for 2025, and Ms. Rogers
stated that they will be doing more studies. Commissioner Sallie asked
if they had looked into other sources of funding, and Ms. Rogers stated
that they have applied for grants but were denied and are waiting to
hear back from another.
Tina Patton asked if this is a program for the entire City of South Bend
and Ms. Wetzel stated that the program only partners with employers
and non-profits and there is a website for details.
Upon a motion by Vivian Sallie for approval, seconded by Eli Wax, the
motion carried however, Commission Gillian Shaw abstained from the
vote; the Commission approved the Budget Request as presented on
December 12, 2024.
B. River West Development Area
1. Opening of Bids (214 W. Wayne St.)
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
4
Erin Michaels, Property Development Manager, stated that no bids
were received, and the staff can now negotiate with interested parties.
2. Budget Request (Studebaker Museum HVAC Project)
Patrick Sherman, Project Manager, presented a budget request for
$15,000 for two (2) failing HVAC units and a very large commercial unit
to finish the project this Spring. Vice President Relos also noted that
the Commission owns the building.
Upon a motion by Gillian Shaw for approval, seconded by Eli Wax, the
motion carried unanimously; the Commission approved the Budget
Request as presented on December 12, 2024.
3. Budget Request (Riverfront West Survey)
Leslie Biek, Assistant City Engineer, presented a budget request for
$150,000 to increase the road network, confirm utilities, and confirm
the land. Ms. Biek displayed a map detailing the location.
Commissioner Wax asked about the cost and Sarah Schaefer, Deputy
Director of DCI explained that we cut out some of the request (LIDAR
imaging) to get to this amount and hope to have the survey completed
by January.
Upon a motion by Eli Wax for approval, seconded by Vivian Sallie, the
motion carried unanimously; the Commission approved the Budget
Request as presented on December 12, 2024.
4. Second Amendment to Purchase Agreement (Advantix)
Joseph Molnar, Assistant Director of Growth and Opportunity,
presented the amendment specifically for land located at the
intersection of Lincolnway West and Marian St. for eight (8) parcels to
build 50 total units of affordable housing with 10 on these parcels and
the rest on parcels from the Board of Public Works with a closing date
of December 31, 2024. The amendment is to extend the closing date
to June 30, 2025 to allow for more time to market LIHTC credits with
the groundbreaking scheduled for the Summer of 2025. Commissioner
Wax asked about the value of pushing the date out and Mr. Molnar
explained that the interest rates change and by waiting the credits will
be worth more. Matt Barrett asked about tax implications and Mr.
Molnar stated that Advantix has two (2) active buyers and are waiting
for interest rates to go up, however, the implication of property tax will
not take effect until the houses are built.
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
5
Upon a motion by Eli Wax for approval, seconded by Vivian Sallie, the
motion carried unanimously; the Commission approved the Second
Amendment to the Purchase Agreement as presented on December
12, 2024.
5. Certificate of Completion (Cultivate Food Rescue)
Joseph Molnar, Assistant Director of Growth and Opportunity,
presented the certificate of completion for the facility and all obligations
were met including, the construction being completed within 26 months
of closing, well within the deadline of 60 months. They intend to spend
a minimum of $3,000,000 on improvements and they've confirmed with
documentation a total of $6.2 million of total improvements on the site
with twenty-two (22) full-time employees.
Jim Conklin, Cultivate Food Rescue, concurred that the project went as
planned. He stated that two years ago, they rescued 1 million pounds
of food and served 700 kids. However, with the opening of this facility,
they’re on track to serve 10 million pounds of food and serve 1500
students in three counties in the community. Mr. Conklin also stated
that they are making $1.8 million in improvements to the 1403 Prairie
property as well, and a considerable investment in this part of town as
well as thirty-two people employed. He thanked the Commission for
their help. Commissioner Wax asked if that was 10 million pounds this
year and Mr. Conklin stated that with the new facility opening, they are
able to fill in short term and long term shows potentially 20 million
pounds of perishable food per year. Commissioner Wax asked about
how many meals per week and Mr. Conklin stated 13,000 meals with
7,500 frozen meals going home each weekend in the backpack
program. Commissioner Wesley thanked Cultivate for their contribution
to the community. Commissioner Wax also praised the efforts and how
these fit in with the Commission.
Upon a motion by Eli Wax for approval, seconded by Gillian Shaw, the
motion carried unanimously; the Commission approved the Certificate
of Completion as presented on December 12, 2024.
6. First Amendment to Lease Agreement (South Bend Bike Garage)
Erin Michaels, Property Development Manager, present the
amendment at 119 W. Wayne St. commons to increase to utilize the
entire ground floor retail space, removes access to basement storage
for 5,000 square feet. The small mechanical closet is not included.
Commissioner Wax asked about how long the lease is for and Ms.
Michaels stated 18 months. Commissioner Wax asked to leave options
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
6
open to other opportunities and Attorney Weiss stated that we have 30
days to terminate the agreement.
Upon a motion by David Relos for approval, seconded by Eli Wax, the
motion carried unanimously; the Commission approved the First
Amendment to the Lease Agreement as presented on December 12,
2024.
7. Public Hearing (TIF Area Expansion)
Chris Dressel, Senior Planner, presented all three (3) Public Hearings
and Resolutions together and they were moved to proceed agenda
item 5A1. Mr. Dressel presented the schedule that the process went
through; October 24, RDC Declaratory Resolution approved,
November 18, SB Plan Commission Declaratory Resolution approved,
November 25, Common Council Declaratory Resolution approved,
November 26, Notification letters sent to all property owners,
November 29, a Public Hearings Notice Published, December 10-11,
Public Informational meets held, and December 12 RDC confirming
Resolutions with written remonstrance deadline. Mr. Dressel reviewed,
what is a TIF, how a TIF works, as well as the infrastructure that have
benefited by TIF improvements both public and private. Mr. Dressel
explained why TIF districts are adjusted and also reviewed the
proposed expansion areas including the River West, River East and
South Side districts. He stated that, the City is not actively trying to
acquire the property, however, it enables the City to have greater
flexibility in the negotiation process later. Mr. Dressel stated that the
TIF districts had an overhaul and development plan back in 2019 as
well as a financial impact analysis conducted by Baker Tilly. Mr.
Dressel explained the public engagement summary of 196 mailings
and/or notifications with 81 website visits, 12 calls/emails, 4 meeting
attendees, and no 1 in-person visits.
Commissioner Eli Wax wanted to clarify that this doesn’t increase
residents’ taxes, it captures an increase in taxes and is kept locally to
improved neighborhoods with redevelopment project opportunities and
doesn’t change any owners’ rights. Commissioner Wax also stated that
the City is not planning on developing condos at Rum Village park,
these dollars are for park improvements in the future. Mr. Dressel
stated that potential property acquisition would always be based on a
willing owner and not via eminent domain. Danielle Campbell Weiss,
Assistant City Attorney, stated that the RDC does not have that power.
Vice President Relos explained that expanding the boundaries now
makes efforts later much easier so that we don’t have to go through all
of the steps for one property. Ms. Weiss also stated that the name,
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
7
“acquisition list” comes from the statute. Commissioner Wax asked
about the assessed value timeline and Vice President Relos stated it
would be retroactive back to January 1, 2024, and is also not locked in
forever because every year there's a TIF neutralization that looks if
there's any natural appreciation in property values and that base
assessed value gets adjusted going forward.
Matt Eckerle from Baker Tilly noted the base assessed values for the
existing components of the allocation areas being unaffected. The
same goes for the expiration dates. Of those existing components of
the allocation areas, this action does not affect those. It does not
extend the expiration date.
Andy Place asked the question, does TIF take tax monies away from
the school system? Mr. Eckerle explained that to redirect the
incremental revenues generated by the incremental development and
the resulting assessed value that happens in that geography.
If the TIF area was not in place and that development were to happen
anyway. Because of the maximum levy limitations that the state
imposes on all of the taxing units, including the schools, the growth
and assessed value does not necessarily generate new property tax
money that would go to the overlapping taxing units. What it really
does is, it spreads that limited levy over a larger tax base and thus puts
downward pressure on the property tax rates. So, one way to think
about it is, if a new developer pays $100,000 in property taxes, that’s
really $100,000 less than other taxpayers would have to pay into those
same levies. New development does not beget new property tax
revenue. Mr. Place asked if he could keep his property as is, Vice
President Relos stated that it would depend on the vote and the vote
would be for the entire request.
8. Resolution No. 3622 (Confirming TIF Expansion)
Upon a motion by Eli Wax for approval, seconded by Gillian Shaw, the
motion carried unanimously; the Commission approved Resolution No.
3622 as presented on December 12, 2024.
C. River East Development Area
1. Public Hearing (TIF Area Expansion)
Randy Jennings asked if there are projects proposed for this district?
Chris Dressel stated that there is none, and this is just an opportunity
to capture these properties within the redevelopment area at an early
date.
2. Resolution No. 3623 (Confirming TIF Expansion)
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
8
Upon a motion by Vivian Sallie for approval, seconded by Eli Wax, the
motion carried unanimously; the Commission approved Resolution No.
3623 as presented on December 12, 2024.
D. South Side Development Area
1. Public Hearing (TIF Area Expansion)
Tom Lindemann asked for clarification about if Lafayette Falls was
included and Vice President Relos stated it is not in a TIF district and is
not included in this expansion. Mr. Lindemann asked if a homeowner
wanted to make improvements to their home, does the increased
assessed property value add to the TIF and Vice President Relos
explained that residential properties do not capture this increment and
Attorney Weiss stated it will not change. Jorge Juarez asked if there
are plans for the area on West Eckman St. and Mr. Dressel stated
there are none. Philip Darrow stated that their concerns have been
answered regarding future projects that will affect their property.
2. Resolution No. 3624 (Confirming TIF Expansion)
Upon a motion by Eli Wax for approval, seconded by Vivian Sallie, the
motion carried unanimously; the Commission approved Resolution No.
3624 as presented on December 12, 2024.
E. Administrative
1. Resolution No. 3621 (2025 RDC Meeting Schedule)
Danielle Campbell Weiss, Assistant City Attorney, stated that in the
event we move to City Hall, we will update the location of the meetings.
Upon a motion by Eli Wax for approval, seconded by Gillian Shaw, the
motion carried unanimously; the Commission approved Resolution No.
3621 as presented on December 12, 2024.
6. Progress Reports
A. Tax Abatement
Joseph Molnar, Assistant Director of Growth and Opportunity, stated the
South Bend Common Council at the last meeting approved a Resolution
for Empower Her LLC, to renovate the former Home Ministry building on
S. Michigan St. Mr. Molnar also stated, there is a closing tomorrow on the
former Gates building, we closed yesterday on the Elwood Shopping
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – December 12, 2024
9
Plaza on Portage, and we closed last week on the 4022 Old Cleveland
Rd. site. The next step for the Old Cleveland Rd. site is to be rezoned.
B. Common Council
None
C. Other
None
7. Next Commission Meeting
Monday, December 23, 2024, 9:30 a.m. May be cancelled TBD
8. Adjournment
Thursday, December 12, 2024, 11:22 a.m.
______________________________ ______________________________
Vivan G. Sallie, Secretary Troy Warner, President
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Kyle Willis, City Controller
Date:Tuesday, December 10, 2024
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
submit them for allowance in the following amounts:
GBLN-0095813 $825,819.04
GBLN-0000000 $0.00
GBLN-0000000 $0.00
Total:$825,819.04
_______________________________
Kyle Willis
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:
South Bend Redevelopment Commission
By:_______________________________
Name:
Date:
Attest: _______________________________
Name:
Expenditure approval
RDC Payments-12/10/24 Pymt Run
GBLN-0095813
Payment method:
Voucher:
Payment date:
Vendor#
V-00000107
V-00000107
V-00000107
Payment method:
Voucher:
Payment date:
Vendor#
V-00000134
Payment method:
Voucher:
Payment date:
Vendor#
V-00000526
V-00000526
V-00000526
V-00000526
CHK-Total
RDCP-00033815
12/10/2024
Name
AMERICAN
STRUCTUREPOI
NT INC
AMERICAN
STRUCTUREPOI
NT INC
AMERICAN
STRUCTUREPOI
NT INC
CHK-Total
RDCP-00033816
12/10/2024
Name
ARC
ACH-Total
RDCP-00033817
12/10/2024
Name
ENFOCUS INC
ENFOCUS INC
ENFOCUS INC
ENFOCUS INC
Invoice#
182809
182731
183018
Invoice#
53INl9077959
Invoice#
1201805295
1201805295
1201805295
1201805295
Line description
Structural Engineering On Call
Beacon District Project -SBMF Demo PSA -Amend #2
(design services)
Leeper Ave Bridge Repairs Project -Leeper Ave Bridge
Decking
Line description
Beacon Parking Plans
Line description
Commuters Trust - EnFocus Fellow
Commuters Trust - EnFocus Project Manager
Commuters Trust - Transportation Costs
Commuters Trust - MISC Costs
Due date
12/15/2024
12/14/2024
12/19/2024
Due date
Invoice amount Financial dimensions
$10,856.66 324-10-102-121-431002--
324-10-102-121-439018--
$17,765.80 PROJ00000528
429-10-102-121-442001--
$694.98 PROJ00000521
Invoice amount Financial dimensions
324-10-102-121-431000--
12/19/2024 $97.21 PROJ00000528
Due date Invoice amount Financial dimensions
433-10-102-123-439300--
12/12/2024 $1,000.00 PROJ00000383
433-10-102-123-439300--
12/12/2024 $3,666.66 PROJ00000383
433-10-102-123-439300--
12/12/2024 $3,304.89 PROJ00000383
433-10-102-123-439300--
12/12/2024 $348.12 PROJ00000383
Purchase order
PO-0033361
PO-0029313
PO-0031598
Purchase order
PO-0034819
Purchase order
PO-0029761
PO-0029761
PO-0029761
PO-0029761
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Kyle Willis, City Controller
Date:Tuesday, December 31, 2024
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
submit them for allowance in the following amounts:
GBLN-0096375 $2,120,509.01
GBLN-0097007 $684,662.21
GBLN-0097258 $54,854.25
Total:$2,860,025.47
_______________________________
Kyle Willis
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:
South Bend Redevelopment Commission
By:_______________________________
Name:
Date:
Attest: _______________________________
Name:
Expenditure approval
RDC Payments--12/17 /24 Pymt Run
GBLN-0096375
Payment method:
Voucher:
Payment date:
Vendor#
V-00000019
V-00000019
Payment method:
Voucher:
Payment date:
Vendor#
V-00000107
Payment method:
Voucher:
Payment date:
Vendor#
V-00000472
Payment method:
Voucher:
Payment date:
ACH-Total
RDCP-00034015
12/17/2024
Name
ABONMARCHE
CONSULTANTS
OF IN
ABONMARCHE
CONSULTANTS
OF IN
CHK-Total
RDCP-00034016
12/17/2024
Name
AMERICAN
STRUCTUREPOI
NT INC
CHK-Total
RDCP-00034017
12/17/2024
Name
DLZ IN DIANA
LLC
CHK-Total
RDCP-00034018
12/17/2024
Invoice#
155374
155405
Invoice#
182565
Invoice#
602557
Line description
Design Potawatomi Park Improvements
Property Bros Development Project -614 Sherman - 3 Slab
Survey
Line description
Market District Preliminary Engineering
Line description
Safe Routes to School (SRTS) Kennedy Academy - Design
Due date Invoice amount Financial dimensions
429-10-102-121-431002--
12/21/2024 $25,500.00 PROJ00000554
324-10-102-121-431000--
12/22/2024 $2,250.00 PROJ00000491
Due date Invoice amount Financial dimensions
12/11/2024 $28,384.15
324-10-102-121-431002-
PROJ00000526
Due date Invoice amount Financial dimensions
324-10-102-121-431002--
10/27/2024 $1,941.85 PROJ00000411
Purchase order
PO-0034615
PO-0031353
Purchase order
PO-0029308
Purchase order
PO-0023413
Vendor#
V-00003121
Payment method:
Voucher:
Payment date:
Vendor#
V-00013114
V-00013114
V-00013114
Payment method:
Voucher:
Payment date:
Vendor#
V-00013479
V-00013479
Payment method:
Voucher:
Payment date:
Vendor#
Name
THK Law, LLP
CHK-Total
RDCP-00034027
12/17/2024
Name
RAM
Construction
Services of
Michigan, Inc.
RAM
Construction
Services of
Michigan, Inc.
RAM
Construction
Services of
Michigan, Inc.
CHK-Total
RDCP-00034028
12/17/2024
Name
Borkholder
Buildings &
Supply LLC
Borkholder
Buildings &
Supply LLC
CHK-Total
RDCP-00034029
12/17/2024
Name
Invoice#
23
Invoice#
APP #6
APP #8
APP #7
Invoice#
2411610650
2411610262
Invoice#
Line description
Legal Services -300 E. Lasalle/ CCD
Line description
Liberty Tower Parking Garage -concrete
removal/replacement and addition
Liberty Tower Parking Garage -concrete
removal/replacement and addition
Liberty Tower Parking Garage -concrete
removal/replacement and addition
Line description
Property Bros Development - Sherman Ave Framing Purchase
Property Bros Development - Sherman Ave Framing Purchase
Line description
Due date Invoice amount Financial dimensions
12/25/2024 $2,343.00 429-10-102-121-431001--
Due date Invoice amount Financial dimensions
324-10-102-121-443001--
11/27/2024 $288,702.18 PROJ00000467
324-10-102-121-443001--
12/19/2024 $27,855.00 PROJ00000467
324-10-102-121-443001--
12/19/2024 $24,281.01 PROJ00000467
Due date Invoice amount Financial dimensions
12/25/2024 $7,942.91
12/21/2024 $10,536.12
324-10-102-121-431 000-
PROJ00000491
324-10-102-121-431 000-
PROJ00000491
Due date Invoice amount Financial dimensions
Purchase order
PO-0029493
Purchase order
PO-0029080
PO-0029080
PO-0029080
Purchase order
PO-0034707
PO-0034707
Purchase order
Expenditure approval
RDC Payments-12/23/24 Pymt Run
GBLN-0097007
Payment method:
Voucher:
Payment date:
Vendor#
V-00000107
Payment method:
Voucher:
Payment date:
Vendor#
V-00000472
Payment method:
Voucher:
Payment date:
Vendor#
V-00000698
Payment method:
Voucher:
Payment date:
Vendor#
CHK-Total
RDCP-00034215
12/23/2024
Name
AMERICAN
STRUCTUREPOI
Invoice#
NT INC 183635
CHK-Total
RDCP-00034216
12/23/2024
Name
DLZ IN DIANA
LLC
CHK-Total
RDCP-00034217
12/23/2024
Name
GREEN
DEMOLITION
CONTRACTORS
INC
CHK-Total
RDCP-00034218
12/23/2024
Name
Invoice#
603329
Invoice#
APP #2
Invoice#
Line description
Leeper Ave Bridge Repairs Project -Leeper Ave Bridge
Decking
Line description
Byer’s Softball Complex 2024 Renovation - Design Services
Line description
Drewry's Cleanup Phase II
Line description
Due date Invoice amount Financial dimensions
12/30/2024 $13,942.81
429-10-102-121-442001-
PROJ00000521
Due date
1/3/2025
Due date
Invoice amount Financial dimensions
324-10-102-121-431000--
$17,030.00 PROJ00000498
Invoice amount Financial dimensions
12/14/2024 $441,000.00
324-10-102-121-439018-
PROJ00000023
Due date Invoice amount Financial dimensions
Purchase order
PO-0031598
Purchase order
PO-0029730
Purchase order
PO-0033256
Purchase order
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 1/6/25
FROM: Caleb Bauer, Executive Director of Community
Investment
SUBJECT: Resolution No. 3626 & J.C. Hart Development
Agreement
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Resolution approving the Development Agreement for J.C. Hart Company, Inc.,
supporting redevelopment project in the Riverwalk Allocation Area
SPECIFICS: The Commission will consider a resolution that, if adopted, would approve a Development Agreement
with J.C. Hart Company, Inc. (the “Developer”) to provide support of a transformative redevelopment project at a
property on the west bank of the St. Joseph River (the southern half of the Crowe campus). The Developer will
demolish the existing south building and construct 2 new multi-family residential buildings (291 total
apartments) and a 398-space parking garage.
The Development Agreement specifies the funding support provided by the Commission to the Developer will be
in the form of Pledged TIF Revenues, which will consist of a percentage of incremental property tax revenue for
the Riverwalk Allocation Area generated by the development. The bond will generate $14,845,000 in net
proceeds at closing to unlock the project with $29,748,550 in debt service obligations over 20 years, funded
entirely from property tax increment generated by the development.
The City will also undertake the necessary public infrastructure improvements including utilities and streets to
support the Project. The street network established and utilities installed will also complement future
development in the River Glen office park area to the south. In the event of a material default by the Developer,
the City would be entitled to be reimbursed for its actual costs expended in furtherance of the necessary public
improvements.
The Developer commits to invest no less than $61.5 million and complete the project by the end of 2028.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
RESOLUTION NO. 3626
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING A FORM OF DEVELOPMENT AGREEMENT AMONG THE CITY OF
SOUTH BEND, INDIANA, THE SOUTH BEND REDEVELOPMENT COMMISSION,
AND J.C. HART COMPANY, INC.
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the
governing body of the City of South Bend, Indiana, Department of Redevelopment (the
“Department”) and the Redevelopment District of the City of South Bend, Indiana (the “District”),
exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953
which has been codified in Indiana Code 36-7-14, as amended from time to time (the “Act”); and
WHEREAS, there has been presented to the Commission for its consideration an Economic
Development Agreement in the form set forth at Exhibit A attached hereto and incorporated herein
(the “Agreement”); and
WHEREAS, pursuant to the Agreement, J.C. Hart Company, Inc., an Indiana corporation
(the “Developer”), would agree to undertake the design, construction, and equipping of certain
economic development facilities located within the City of South Bend, Indiana (the “City”),
consisting of the development and construction of 2 buildings housing 291 apartments and a 398-
space structured garage (collectively, the “Project”), which Project shall be located in the
Riverwalk Allocation Area in the City (the “Area”), and the Commission would provide certain
incentives related thereto as further described in the Agreement; and
WHEREAS, the Commission believes that the approval of the Agreement is in the best
interests of the citizens of the City and necessary for the redevelopment and economic development
of the Area; and
WHEREAS, the Commission has determined that the completion of the Project is in the
best interests of the citizens of the City, and, therefore, the Commission desires to approve the
form of the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby approves the Agreement substantially in the form attached
hereto and authorizes the President of the Commission and Secretary of the Commission to execute
and attest, respectively, said Agreement in the form attached hereto, with such changes as the
President and Secretary shall approve, such approval to be evidenced by the execution and
attestation thereof.
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2. The President and Secretary are hereby authorized and directed to take all such
actions and to execute and attest, respectively, all such instruments, including, without limitation,
the Agreement as they shall deem proper and necessary upon the advice of counsel to carry out
the transactions contemplated by this Resolution.
3. This Resolution shall take effect, and be in full force and effect, upon passage and
approval by the Commission, in conformance with applicable law.
ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held on the 9th day of January, 2025.
SOUTH BEND
REDEVELOPMENT COMMISSION
President
ATTEST:
Secretary
A-1
Exhibit A
(See attached Form of Economic Development Agreement)
DMS 45742968v2
ECONOMIC DEVELOPMENT AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT (the “Agreement”) is made and
entered into as of the 9th day of January, 2025, by and among the City of South Bend, Indiana, a
political subdivision and municipal corporation of the State of Indiana (the “City”), the City of
South Bend Department of Redevelopment, acting by and through its governing body, the South
Bend Redevelopment Commission (the “Redevelopment Commission” and, together with the
City, the “City Bodies”), and J.C. Hart Company, Inc., an Indiana corporation (the “Company” or
“Developer”) (the City, the Redevelopment Commission, and the Company or Developer, each
being a “Party” and collectively the “Parties”).
W I T N E S S E T H:
WHEREAS, the Redevelopment Commission exists and operates under the provisions of
the Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the
“Redevelopment Act”); and
WHEREAS, the Redevelopment Commission desires to foster economic development and
redevelopment within the City; and
WHEREAS, the Company has approached the Redevelopment Commission regarding the
construction and equipping of certain economic development facilities, as more particularly
described in Exhibit A attached hereto (collectively, the “Project”) on certain parcels of real
property located within the City and owned or to be owned by the Developer (the “Project Site”)
(see Exhibit B attached hereto for a legal description); and
WHEREAS, the Project Site is located within the corporate boundaries of the City of South
Bend (the “City”) and further is located within that area known as the “River West Development
Area” (the “Area”), an area previously determined by the Commission to be an economic
development area under the Redevelopment Act; and
WHEREAS, the Commission has designated and declared, and the Common Council of
the City (the “Common Council”) has approved of, the designation and declaration of the entirety
of the Area to be a tax increment financing allocation area and named the “River West
Development Allocation Area No. 1” (“Allocation Area No. 1”); and
WHEREAS, the Company has requested certain economic development assistance from
the City with respect to the Project; and
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WHEREAS, the City Bodies have determined that the completion of the Project is in the
best interests of the citizens of the City, and, therefore, the City Bodies desire to take certain steps
in order to induce the Company to complete the Project; and
WHEREAS, to stimulate and induce the development of the Project Site and the
completion of the Project, the City Bodies have agreed, subject to further proceedings as required
by law, to provide the economic development incentives described herein.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties do hereby agree as follows:
ARTICLE I. DEFINITIONS
The capitalized words and phrases used in this Agreement shall have the following
meanings (such meanings to be equally applicable to both the singular and plural forms of
such words and phrases):
“Act” means collectively, Indiana Code 36-7-11.9 and 12.
“Allocation Area” shall mean that portion of Allocation Area No. 1, as further described
on Exhibit E to be separately designated by the Redevelopment Commission under Indiana Code
36-7-14-39 as a new allocation area for the purpose of the allocation and distribution of property
taxes on real property to be used in the manner provided in Indiana Code 36-7-14-39, which shall
be known as the “Riverwalk Allocation Area.”
“Ancillary Agreements” shall mean all instruments and agreements to be entered into by
the Company referenced or contemplated herein, including, without limitation, the Loan
Agreement and the Taxpayer Agreement related to the Bonds.
“Bond Counsel” shall mean Barnes & Thornburg LLP.
“Bond Proceeds” shall mean the proceeds of the Bonds in the aggregate principal amount
not to exceed Seventeen Million Dollars ($17,000,000) to be loaned as set forth in the Loan
Agreement for application to the Project Costs.
“Bonds” shall mean one or more series of economic development tax increment revenue
bonds issued by the City pursuant to the Act and payable from the Pledged TIF Revenues, the
proceeds of which shall be applied to the Project Costs.
“Change Order” shall mean a change order that is approved or deemed approved by the
City for inclusion in the approved Plans and Specifications pursuant to a change proposed in a
Change Order Request by the Company.
“Change Order Request” shall mean a written request by the Company to the City for a
change to the approved Plans and Specifications.
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“Claims” shall mean claims, liabilities, damages, injuries, losses, liens, costs, and/or
expenses (including, without limitation, reasonable attorneys’ fees); provided that in no event shall
Claims include consequential or punitive damages.
“Closing” shall mean the closing with respect to the Bonds which shall not be earlier than
the closing for the Project Loan.
“Closing Date” shall mean the date of the Closing.
“Completion Date” shall mean any date not being later than December 31, 2028.
“Common Council” means the Common Council of the City.
“Cure Period” shall mean a period of: (a) ten (10) days after written notice of such default
in the case of any monetary default; and (b) thirty (30) days after a party failing to perform or
observe any other term or condition of this Agreement to be performed or observed by it receives
written notice specifying the nature of the default; provided that, if such default is of such a nature
that it cannot be remedied within thirty (30) days, despite reasonably diligent efforts, then the thirty
(30) day cure period shall be extended as may be reasonably necessary for the defaulting party to
remedy the default, so long as the defaulting party: (i) commences to cure the default within the
thirty (30) day period; and (ii) diligently pursues such cure to completion; provided that in no event
shall a Cure Period extend more than one hundred eight (180) days. Notwithstanding the
foregoing, a Cure Period shall not be applicable to a default under an Ancillary Agreement, which
shall be subject to any specific cure periods for such defaults expressly set forth in such Ancillary
Agreement.
“Execution Date” shall mean the date set forth in the first paragraph of this Agreement.
“Executive Director” shall have the meaning set forth in Section 4.03.
“Issuance Costs” shall mean reasonable costs, fees and expenses incurred or to be incurred
by the City in connection with the issuance and sale of the Bonds, including placement or other
financing fees (including applicable counsel fees), attorney’s fees, financial advisor fees,
professional fees, the fees and disbursements of Bond Counsel, fees of the City’s municipal or
financial advisor, the acceptance fee of a trustee, if any, and the first year of the trustee’s fees or
alternatively the lump sum fee for the services of a trustee during the term of the Bonds, application
fees and expenses, publication costs, the filing and recording fees in connection with any filings
or recording necessary under a Trust Indenture, if any, or to perfect the lien thereof, the out-of-
pocket costs of the City, the costs of preparing or printing the Bonds and the documentation
supporting the issuance of the Bonds, the costs of reproducing documents, and any other costs of
a similar nature reasonably incurred in connection with the issuance and delivery of the Bonds,
this Agreement or the Ancillary Agreements, but shall not include any of the foregoing costs, fees
and expenses incurred or to be incurred by the Company.
“Laws” shall mean all applicable laws, statutes, and/or ordinances, and any applicable
governmental or judicial rules, regulations, guidelines, judgments, orders, and/or decrees,
including without limitation, the Act and the Redevelopment Act.
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“Loan Agreement” shall mean the agreement between the Company and the City pursuant
to which the City shall loan the Bond Proceeds to the Company, which agreement shall provide,
among other things, that the Company shall be required to make payments with respect to such
loan only if Bond Proceeds designated for capitalized interest, Pledged TIF Revenues and any
payments made pursuant to the Taxpayer Agreement are insufficient to repay debt service on the
Bonds.
“Permitted Change” shall mean any change to that portion of the approved Plans and
Specifications, so long as such change: (a) does not materially affect the exterior appearance of
the Project or the location, size, or number of parking spaces; (b) is in substantial conformity with
each of the Site Plan, the Required Permits, and the Laws; and (c) is consistent with the overall
description of the property as set forth in Exhibit A.
“Plan Refinement Process” shall have the meaning set forth in Section 4.03.
“Plans and Specifications” shall mean the plans and specifications for the Project.
“Plat” shall mean the plat of the Project Site that has received approval of the City on or
before Closing and is ultimately recorded in the Office of the Recorder of St. Joseph County,
Indiana.
“Pledged TIF Revenues” shall mean (i) ninety percent (90%) of the TIF Revenues; and (ii)
an additional annual amount equal to six percent (6.0%) of the TIF Revenues until such time as
the aggregate of such additional annual amounts equals $1,342,000 following which the only
amount of TIF Revenues pledged shall be 90% of such TIF Revenues.
“Project Costs” shall mean the following categorical costs of providing for “economic
development facilities” as defined and set forth in the Act:
(i) Issuance Costs;
(ii) the “Capitalized Interest Costs,” if any, namely a portion of the interest on the
Bonds from the date of their original delivery through and including the anticipated period
of construction of the portion of the Project financed by Bonds, plus one year thereafter, in
accordance with the Act;
(iii) all costs and expenses which the Company shall be required to pay, or advance
under the terms of any contract or contracts (including the architectural and engineering,
development services with respect thereto), for the construction of the Project; and
(iv) any sums required to reimburse the Company for advances made for any of the
above items or for any other costs incurred and for work done which are properly
chargeable to the Project.
“Project Loan” shall mean any loan incurred by the Company from any lender to fund a
portion of the costs of the Project.
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“Property Inspection” shall mean surveys, borings, tests, inspections, examinations,
studies, and investigations, including, without limitation, environmental assessments.
“RDC Direct Costs” shall mean all costs of the Redevelopment Commission to pay annual
fees of the Trustee with respect to the Bonds, if any, and any fees or reasonable costs incurred in
monitoring the Pledged TIF Revenues in the amount of $2,500 semiannually for the Bonds.
“Required Permits” shall mean all permits, licenses, approvals, and consents required by
the Laws for construction and use of the Project.
“Site Plan” shall mean the site plan attached hereto as Exhibit C.
“Survey” shall mean an ALTA survey of the Project Site certified as of a current date by a
reputable licensed surveyor, which Survey shall show that the Project Site is suitable for
Development of the Project as contemplated in this Agreement.
“Taxpayer Agreement” shall mean a Taxpayer Agreement and Consent to Real Property
Tax Lien to be executed by and between the Company and the Redevelopment Commission, under
which the Company agrees to guarantee a shortfall in the Pledged TIF Revenues relat ive to debt
service payments on the Bonds, which guarantee shall constitute a lien on the Project equivalent
to a property tax lien granted to the State of Indiana under IC 6 -1.1-22-13, as permitted by IC 36-
7-25-6.
“TIF Revenues” means all real property tax proceeds attributable to the assessed valuation
with the Allocation Area as of each assessment date in excess of the base assessed value as
described in Indiana Code 36-7-14-39(b)(1) received by the Redevelopment Commission less
RDC Direct Costs.
“Title Commitment” shall mean a title insurance commitment for an owner’s policy of title
insurance that: (a) is issued by a title insurer; and (b) commits to insure marketable fee simple title
to the Project Site in the name of the Company.
“Title Defects” shall mean conditions or defects disclosed in the Title Commitment or the
Survey that, in the sole determination of the Company, will interfere with the construction and/or
use of the Project, provided that the lien of any mortgage or other security instruments to be
released at or before Closing shall not be a Title Defect.
“Trust Indenture” means the Trust Indenture, dated as of the first day of the month in which
the Bonds are issued, between the City and a trustee to be chosen by the City.
ARTICLE II. INTERPRETATION AND RECITALS
2.01 Interpretation.
(a) The terms “herein,” “hereto,” “hereunder,” and all terms of similar import
shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section
of, or Exhibit to this Agreement.
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(b) Unless otherwise specified, references in this Agreement to (i) “Section” or
“Article” shall be deemed to refer to the Section or Article of this Agreement bearing the
number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement
bearing the letter or number so specified, and (iii) references to this “Agreement” shall
mean this Agreement and any exhibits and attachments hereto.
(c) Captions used for or in Sections, Articles, and Exhibits of this Agreement
are for convenience of reference only and shall not affect the construction of this
Agreement.
(d) The terms “include,” “including,” and “such as” shall each be construed as
if followed by the phrase “without being limited to.”
2.02 Recitals Part of Agreement. The representations, covenants and recitations set forth
in the foregoing recitals are material to this Agreement and are hereby incorporated into and made
a part of this Agreement as though they were fully set forth in this Section 2.01
2.03 Exhibits Part of Agreement. All exhibits described herein and attached hereto are
incorporated into this Agreement by reference.
ARTICLE III. MUTUAL ASSISTANCE
3.01 Mutual Assistance. The parties agree, subject to further proceedings required by
law, to take such actions, including the execution and delivery of such documents, instruments,
petitions and certifications (and, in the case of the City Bodies, the adoption of such ordinances and
resolutions), as may be necessary or appropriate, from time to time, to carry out the terms,
provisions and intent of this Agreement and to aid and assist each other in carrying out said terms,
provisions and intent.
ARTICLE IV. DEVELOPMENT AND PROJECT
4.01 Project. In connection with the completion of Project, the Company shall invest
not less than $61,500,000 and reasonably expects the Project to result in the creation of
approximately six (6) full-time jobs with annual salaries ranging from approximately $39,400 to
$70,100, by not later than December 31, 2028, and approximately 225 temporary construction -
related jobs during the construction of the Project having an average hourly rate of $65.00.
4.02 Project Site. The Company has acquired, or shall cause to be acquired, and shall
improve the Project Site depicted in Exhibit B attached hereto, subject to the performance by the
City Bodies of their respective obligations under this Agreement, by constructing the Project on
such Project Site, as more particularly described in Section 4.03 hereof.
4.03 Project Description and Project; Approval of Plans. The Project shall consist of the
items and/or parameters set forth in Exhibit A attached hereto. The Company shall commence
construction of the Project by no later than sixty (60) days following the successful procurement of
all permits and other governmental approvals and the satisfaction or waiver of the conditions set
forth in Section 6.01 and shall complete construction and equipping of the Project by December 31,
2028, subject to permitted delays provided for in Section 4.04 hereof. In addition to the City’s
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policies and procedures under the Laws regarding the approval of construction plans, promptly
upon completion of all Plans and Specifications, the Company shall deliver a complete set thereof
to the City’s Executive Director, Department of Community Investment, or his or her designee
(collectively, the “Executive Director”), who may approve or disapprove said plans and
specifications for the Project in accordance with the following process (the “Plan Refinement
Process”): (a) the Company shall submit to the Executive Director for review the Plans and
Specifications; (b) within thirty (30) days after receipt of the Plans and Specifications, the Executive
Director shall deliver to the Company written notice either: (i) confirming that such Plans and
Specifications are acceptable; or (ii) objecting to such Plans and Specifications, specifying the part
or parts to which the Executive Director objects and including the specific basis for such objection;
and (c) upon confirmation that the Plans and Specifications are acceptable, or if the Executive
Director fails to respond within the time period provided above, such Plans and Specifications shall
be deemed to be final and shall be subject to modification only by Change Orders. If, at any stage
of the Plan Refinement Process, the Executive Director objects to or rejects, as applicable, all or
any portion of the Plans and Specifications, then, the Company shall endeavor in good faith to
address such objection to the City’s reasonable satisfaction within twenty (20) days after the
Company receives notice of such objection and resubmit the relevant documents to the Executive
Director. Within twenty (20) business days after the Executive Director receives such
resubmissions, the Executive Director shall deliver to the Company written notice of its
confirmation, objection, approval, or rejection, as applicable, in accordance with this section. This
process shall continue until such time as the Plans and Specifications are confirmed or approved,
as applicable, by the Executive Director, at which time each of the foregoing shall be final and,
accordingly shall be subject to modification only by Change Orders and Permitted Changes.
4.04 Change Orders. If the Company desires to make any changes to the approved Plans
and Specifications, then the Company shall submit a Change Order Request to City for review and
approval. The Company agrees that it shall not perform any such work until the Change Order has
been approved and executed by the City. Within fifteen (15) days after the City receives the Change
Order Request, the City shall deliver to the Company written notice that it approves or rejects the
Change Order Request; provided that: (i) City shall not withhold its approval unreasonably; (ii) if
the City rejects all or any part of the Change Order Request, then such notice shall: (A) specify the
part or parts that the City is rejecting; and (B) include the specific basis for such rejection; and (iii)
if the City fails to provide the written notice within the time period provided above, the Change
Order Request shall be deemed approved. If the City approves or is deemed to have approved a
Change Order Request, then, at the request of the Company, the City and the Company shall execute
a Change Order. Notwithstanding anything to the contrary set forth herein: (i) the Company shall
not be required to obtain the approval of City with respect to a Permitted Change; and (ii) a Change
Order with respect to a Permitted Change shall be effective, if executed only by the Company.
4.05 Permitted Delays. Whenever performance is required of any party hereunder, such
party shall use all due diligence and take all necessary measures in good faith to perform; provided,
however, that if completion of performance shall be delayed at any time by reason of acts of God,
war, pandemic, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of
labor or materials, or damage to work in progress by reason of fire or other casualty or similar
causes beyond the reasonable control of a party (other than financial reasons), then the time for
performance as herein specified shall be appropriately extended by the time of the delay actually
caused by such circumstances. If (i) there should arise any permitted delay for which the Company
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or any of the City Bodies is entitled to delay its performance under this Agreement and (ii) the
Company or such City Body anticipates that such permitted delay will cause a delay in its
performance under this Agreement, then the Company or such City Body, as the case may be, agrees
to provide written notice to the other parties of this Agreement of the nature and the anticipated
length of such delay.
4.06 Inspection of the Project. The Company shall, upon commercially reasonable
written notice delivered to the Developer, permit the City to perform an inspection of the Project,
which inspection may be conducted by a third party inspector engaged by the City for such purpose,
to determine compliance with the provisions of this Agreement and any applicable plans,
specifications, permits or other related Project documentation which may have been approved by
the City in connection therewith. Within five business days or less after such an inspection, the
City may deliver to Developer a non-compliance notice in the event the City reasonably determines
there is a material defect in the Project. Such non-compliance notice shall specify the material
defect identified by the City. If the City timely delivers a non -compliance notice, then Company
shall correct, or cause to be corrected, as soon as is practicable, all material defects identified in the
non-compliance notice, except and to the extent that any such material defects previously have been
accepted, or deemed to have been accepted, by the City. Notwithstanding anything to the contrary
set forth herein, all items or components of the Project with respect to which no material defects
are identified in a timely non-compliance notice shall be deemed to be accepted by the City.
Additionally, and to the greatest extent possible, all identified material defects shall be corrected
immediately and all field changes shall be noted by the inspection and approved by the City. In the
case of any such inspections, the personnel conducting the inspection shall: (i) comply with all
health and safety rules of which such individuals have been informed that have been established for
personnel present on the Project Site and (ii) coordinate the timing of the inspection so that the
inspection does not interfere with the performance of construction. The Company shall have the
right to accompany, and/or have its construction manager accompany, the personnel conducting the
inspection. Such inspection rights provided hereunder in no way otherwise limits the City from
undertaking inspections pursuant to applicable Laws. If the Company delivers to the City a written
request for a final inspection of the Project, then, on or before the later of the date that is ten (10)
business days after: (a) receipt of such request; or (b) the date specified in such request as the
substantial completion date; the City shall: (i) conduct a final inspection; and (ii) deliver a non -
compliance notice (if applicable) to the Company; provided that: (A) upon receipt of a Non -
Compliance Notice, the Company shall correct, or cause to be corrected, as soon as is practicable,
all material defects in the Project identified in the non-compliance notice; and (B) all then-
completed items or components of the Project with respect to which no material defects are
identified in a timely non-compliance notice shall be deemed to be accepted by the City. The failure
of the City to conduct the final inspection within the required timeframe shall be deemed a waiver
of its right to conduct such inspection and its determination that no material defects in the Project
exist. An acceptance, or deemed acceptance, by the City pursuant to this Section 4.06 shall mean
that the City has fully and finally accepted the Project as being in compliance with the terms and
conditions of this Agreement, and the City shall be deemed to have waived any further right to
assert material defects in the Project as it relates to this Agreement. Notwithstanding the foregoing,
this Section shall only apply to the City’s ability to ensure the Company’s compliance with this
Agreement. This Section shall not be construed as a waiver of the City’s ability to otherwise
conduct ongoing inspections by its departments, including, but not limited to, building, fire, zoning,
or public works, in the normal course of business. Within twenty (20) business days after receipt
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of a written request from the Company, the City shall certify to the Company and to any lender of
the Company or purchaser of the Project the status of inspections of the Project, including any final
inspection, and whether any material defects in the Project identified in any non-compliance notice
have been remedied.
4.07 Insurance. During construction of the Project, the Company shall maintain or
caused to be maintained the policies of insurance described on Exhibit F. Each such policy shall:
(a) be written by a company reasonably acceptable to City; and (b) provide that it shall not be
modified or canceled without written notice to City at least thirty (30) days in advance. The policy
of general liability insurance shall name the City Bodies as additional insureds. The Company shall
deliver to City certificates of the insurance policies required by this Section 4.06, executed by the
insurance company or the general agency writing such policies.
4.08 Employment of Local Labor. The Company hereby agrees to provide notice to
local contractors of all requests for bids, pre-bid meetings, and related meetings and information
with respect to the Project so as to use commercially reasonable efforts to employ qualified local
contractors and other related local labor during construction of the Project. The Company agrees
to meet with the business agents of all skilled trade unions to give them the details of the Project
prior to contracting for the completion of the Project. For purposes of this section, the Company
shall be deemed to have acted in a commercially reasonable manner if it considers bids by local
contractors and other related local labor in good faith in light of their experience, reputation and
other qualifications. The Company shall not be required to award work to a local contractor or
other related local labor simply because the contractor or other related labor submits the lowest bid.
4.09 Reporting Obligations.
(a) Local Reporting. Upon the letting of contracts for substantial portions of
the Project and again upon substantial completion of the Project, the Company hereby
agrees to report to the Redevelopment Commission the number of local contractors and
local laborers involved in the Project, the amount of bids awarded for each contract related
to the Project, and information regarding which contractor is awarded each contract with
respect to the Project.
(b) Semi-Annual Reporting. On or before June 30 and December 31 of each
year until substantial completion of the Project, the Company shall submit to the
Redevelopment Commission a report, in the format set forth at Exhibit G, demonstrating
the Company’s good-faith compliance with the terms of this Agreement. The report shall
include the following information and documents; (i) a status report of the construction
completed to date, (ii) an update on the project schedule, (iii) an itemized accounting
generally identifying the investment in the Project by the Company not including proceeds
of the Bonds, and (iv) a status report of the number of jobs created for employment at the
Project Site.
4.10 Equal Employment Opportunity. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Project:
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(a) The Developer will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Developer agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause; and
(b) The Developer will state, in all solicitations or advertisements for
employees placed by or on behalf of the Developer, that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national
origin.
4.11 Non-Interference. The Company hereby agrees to use commercially reasonable
efforts to minimize disruption for those living and working near the Project Site during construction
of the Project.
4.12 Public Announcements, Press Releases and Marketing Materials. The Company
hereby agrees to (a) coordinate a Project “kick off” press release with the City, (b) coordinate a
Project groundbreaking ceremony with the City, and (c) use commercially reasonable efforts to
coordinate other significant public announcements with the City, subject, in each case, to any
securities laws that would prevent the Company from engaging in such coordination. The Company
agrees to allow the City and the Redevelopment Commission to distribute the Developer’s
marketing materials to promote the Project.
4.13 Information. The Company agrees to provide any and all due diligence items with
respect to the Project reasonably requested by the Redevelopment Commission. The Company
further agrees to provide any information reasonably required in writing by the City and the
Redevelopment Commission relating to the assessed value of the real estate and improvements
located on the Project Site to assist the City and the Redevelopment Commission in accurately
determining the projected TIF Revenues for purposes of paying debt service on the Bonds.
ARTICLE V. ECONOMIC DEVELOPMENT INCENTIVES
5.01 Taxable Economic Development Tax Increment Revenue Bonds. The
Redevelopment Commission, and the Common Council shall each, subject to further proceedings
required by law, cause the issuance of the Bonds pursuant to the Act (the “Bonds”), in an amount
that generates gross proceeds not to exceed Seventeen Million and 00/100 Dollars ($17,000,000).
The Company shall buy the Bonds, and the Bonds shall not be issued until promptly after the
Company’s closing on its construction loan for the Project. The Company, as purchaser of the
Bonds, shall agree that non-payment of the principal or interest on the Bonds due to insufficiency
of Pledged TIF Revenues shall not be deemed to be a default under the Bonds. The proceeds of the
Bonds shall be loaned to the Company and shall be used for the payment (or reimbursement to the
Company of the prior payment) of the Project Costs set forth on Exhibit A. The Company may
obtain the disbursement of proceeds of the Bonds by submitting a Disbursement Request (as such
term is defined in the Trust Indenture) to the City and the trustee in accordance with the terms and
conditions of the Trust Indenture, which shall be subject to Redevelopment Commission approval.
The Company shall cause J.C. Hart Company, Inc., to provide a Taxpayer Agreement to guarantee
payments of the Bonds during any period for which the Pledged TIF Revenues are projected to be
insufficient.
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5.02 Supporting Public Infrastructure. The City Bodies shall undertake the construction
of public infrastructure improvements to support the Project to include streets, sidewalks and
utilities and including utility relocation as necessary as described at Exhibit H, which shall be
funded either by READI 2.0 funding or alternatively from TIF Revenues available to the
Redevelopment Commission from Allocation No. 1.
5.03 Bond Limitations Acknowledgements. The Company shall (i) expressly agree that
non-payment of the principal or interest on the Bonds due to the insufficiency of Pledged TIF
Revenues relating to such series shall not be deemed to be a default by the City or the
Redevelopment Commission under the Bonds, (ii) acknowledge and agree that the Bonds, and the
interest thereon, if any, are payable solely from the Pledged TIF Revenues allocable to the Bonds,
plus any payments under a related Loan Agreement or Taxpayer Agreement, and, in the event of a
shortfall of such Pledged TIF Revenues or payments under a related Loan Agreement, do not and
shall not represent or constitute a debt of the City or the Redevelopment Commission within the
meaning of the provisions of the Constitution or Statutes of the State of Indiana or a pledge of the
faith and credit of the City or the Redevelopment Commission, and (iii) covenant that it will not
sell, convey, pledge or otherwise transfer the Bonds without prior compliance with applicable state
and federal securities laws.
ARTICLE VI. CONDITIONS TO CLOSING
6.01 Conditions to Closing. The obligations of the Parties with respect to Closing are
subject to the satisfaction or waiver in writing, of the following prior to the applicable period
specified in this Section 6.01:
(a) Title. Within thirty (30) days after the Execution Date, the Company shall
have obtained the Title Commitment.
(b) Survey. Within forty-five (45) days after the Execution Date, the Company
shall have obtained the Survey.
(c) Permits. The Company shall have completed and filed all necessary
documentation to secure all Required Permits and approvals for construction and
installation of the Project.
(d) Title and Survey Conditions. On or before Closing, the Company shall have
determined that there are no exceptions or matters of record reflected in the Title
Commitment that would constitute Title Defects and shall have also determined that, upon
recordation of the Plat, the Survey: (i) describes the perimeter of the Project Site as a single
parcel without gaps, gores, or overlaps; (ii) shows no encroachments thereto; (iii) shows
no Title Defects thereto; (iv) establishes that no part of the Project Site upon which building
improvements are to be constructed is located within: (A) a “flood hazard zone”, as shown
on the applicable Federal Insurance Rate Map; or (B) a “floodway” or “flood plain”, as
shown on the applicable Flood Control District Map, unless otherwise agreed to by the
Company; and (v) otherwise reasonably is acceptable to the Company. The Company shall
be responsible, at its cost, for obtaining the policy of title insurance contemplated pursuant
12
to the Title Commitment, together with any endorsements that it deems to be necessary or
appropriate.
(e) Environmental Condition. Prior to Closing, the Company, at its expense,
shall have determined that: (i) there is no contamination or pollution of the Project Site, or
any groundwater thereunder, by any hazardous waste, material, or substance in violation
of any Laws; and (ii) there are no underground storage tanks located on the Project Site.
To the extent deemed necessary or appropriate by the Company, the Company shall have
obtained a comfort letter issued by the Indiana Department of Environmental Management
through the Indiana Brownfields Program (“IDEM”) confirming, among other things,
IDEM’s opinion that the Company meets the requirements to be considered a bona fide
prospective purchaser of the Project Site. The Company shall provide the City with all
Property Inspection reports prepared for the Project Site.
(f) Physical Condition. Prior to Closing, the Company, at its expense, shall
have determined that no test, inspection, examination, study, or investigation of the Project
Site establishes that there are conditions that would interfere materially with the
construction and use of the Project, in accordance with the terms and conditions of this
Agreement.
(g) Zoning. Prior to Closing, the Company shall have determined that: (i) the
zoning of the Project Site is proper and appropriate for the construction of the Project and
use of the Project in accordance with the terms and conditions of this Agreement; and (ii)
the Project Site is subject only to commitments and restrictions that are acceptable to the
Company in its reasonable discretion.
(h) Utility Availability. Prior to Closing, the Company, at its expense, shall
have determined that gas, electricity, telephone, cable, water, storm and sanitary sewer, and
other utility services are: (i) in adjoining public rights-of-way or properly granted utility
easements; and (ii) serving, or will serve, the Project Site at adequate pressures, and in
sufficient quantities and volumes, for the construction and use of the Project in accordance
with the terms and conditions of this Agreement.
(i) Required Permits. Prior to Closing, the Company shall have: (i) obtained;
or (ii) determined that it shall be able to obtain, all Required Permits.
(j) Final Construction Plans. Prior to Closing, final construction plans shall
have been completed and approved by the City.
(k) Financial Ability. Prior to Closing, the Company shall demonstrate to the
reasonable satisfaction of the City that the Company has adequate funds (proceeds from
the Project Loan, Bond Proceeds, and/or cash on hand) to construct the Project.
(l) Ancillary Agreements. Prior to Closing: (i) the applicable City Bodies and
the Company, each exercising commercially reasonable discretion, shall have approved the
form and substance of any and all Ancillary Agreements and (ii) all other parties to the
Ancillary Agreements shall have approved the form and substance of such Ancillary
Agreements.
13
(m) Financing Documents. Prior to Closing, the Company’s lender and the
applicable City Bodies shall have approved the form and substance of the Project Loan
documents, the Bond Documents, and any additional documents relating to the Project
Loan. At or before Closing, the Project Loan shall be closed, and in connection therewith,
the Project Loan documents and the Bond Documents, and any additional documents
relating thereto shall be fully executed by all parties thereto.
(n) Project Site. Prior to Closing, the Company shall have closed on the
acquisition of the Project Site.
(o) No Breach. As of the Closing Date, there shall be no breach of this
Agreement by the Parties hereto that any of said Parties have failed to cure within the Cure
Period.
(p) Allocation Area and Pledged TIF Revenues. The necessary actions to
designate the Allocation Area and pledge the Pledged TIF Revenues to the payment of the
debt service of the Bonds shall have been completed by the City Bodies.
(q) Approval of Bonds. The City Bodies shall have taken the necessary actions
under the Act to authorize the issuance of the Bonds.
If one or more of the conditions set forth in this Section 6.01 is not, or cannot be, timely and
completely satisfied, as determined by the each of the Parties in their respective sole and absolute
discretion, then, as its sole and exclusive remedy, any party hereto either may elect to: (i) waive
where appropriate under the Laws in writing satisfaction of the conditions not satisfied and to
proceed to Closing; or (ii) terminate this Agreement by a written notice to other parties hereto
reserving all of the rights and remedies set forth in this Agreement and available to such Party.
Notwithstanding anything to the contrary set forth herein, (1) the Parties hereto shall work
diligently and in good faith to satisfy the conditions set forth in this Section 6.01 and (2) if any
party hereto fails to terminate this Agreement for any unsatisfied condition on or before the earlier
of (i) the Closing Date; or (ii) two (2) business days after the applicable deadline set forth in each
of the foregoing subsections (a) or (b) said Party shall be deemed to have waived such condition
to the extent waivable under the Laws.
6.02 Closing. Subject to the terms and conditions of this Agreement, including, without
limitation, the termination right set forth in Section 8.06, the Closing shall occur upon the
satisfaction or waiver of the conditions set forth in Section 6.01, with (i) the Closing Date; and (ii)
the location of the Closing; to be established mutually by the City and the Company.
ARTICLE VII. AUTHORITY
7.01 Actions. Each of the City Bodies represents and warrants that it has taken or will
take (subject to further proceedings required by law and the Company's performance of its
agreements and obligations hereunder) such action(s) as may be required and necessary to enable
each of the respective City Bodies to execute this Agreement and to carry out fully and perform the
terms, covenants, duties and obligations on its part to be kept and performed as provided by the
14
terms and provisions hereof. The Company represents and warrants that it has the requisite
capability to undertake, complete, and operate the Project.
7.02 Powers. The City Bodies represent and warrant that each has full constitutional
and lawful right, power and authority, under currently applicable law, to execute, deliver and
perform their respective obligations under this Agreement. The Company represents and warrants
that it has the requisite power, right, and legal authority to execute, deliver and perform its
respective obligations under this Agreement.
7.03 Future Actions. The parties acknowledge that the agreements of the City Bodies
under this Agreement are subject to future actions by such bodies, and by the bodies of the City,
and compliance with statutory procedures required by Laws, including public notice and publi c
hearing requirements. The City Bodies agree to use their best efforts to complete such statutory
procedures, and to coordinate with the governing bodies of the City to complete such statutory
procedures, and to take the final actions required to implement such agreements. Notwithstanding
anything contained herein, failure to timely complete such future statutory procedures shall not
result in any liability hereunder by the City Bodies to the Company or any party related to the
Company.
ARTICLE VIII. GENERAL PROVISIONS
8.01 Indemnity; No Joint Venture or Partnership. The Company covenants and agrees
at its expense to pay and to indemnify and save the City Bodies, and their officers, agents, and
employees (the “Indemnitees”) harmless of, from and against, any and all Claims resulting directly
or indirectly from the Company's (and/or any affiliate's thereof) Project activities with respect to
work performed on the Project Site unless such claims, damages, demands, expenses or liabilities
arise by reason of the negligent act or omission of the City Bodies, or other Indemnitees. To the
extent permitted by law, the City Bodies shall indemnify and hold harmless the Company from and
against any and all Claims, to the extent arising from or connected with the negligence or willful
misconduct of the City Bodies or any party acting by, under, through, or on behalf of any of the
City Bodies in connection with any inspection pursuant to Section 4.05. Nothing contained in this
Agreement, nor any act of the City Bodies or the Company, or of any other person, shall be deemed
or construed by any person to create any relationship of third-party beneficiary, employer and
employee, principal, and agent, limited or general partners or joint ventures. The Developer is and
will remain an “independent contractor” with respect to performance under this Agreement.
8.02 Time of Essence. Time is of the essence of this Agreement. The parties shall make
every reasonable effort to expedite the subject matters hereof (subject to any time limitations
described herein) and acknowledge that the successful performance of this Agreement requires their
continued cooperation.
8.03 Conflict of Interest; No Individual Liability. No member, official, or employee of
the City Bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any
such member, official, or employee participate in any decision relating to this Agreement which
affects their personal interests or the interests of any corporation, partnership, or association in
which they, directly or indirectly, are interested. No member, official, or employee of the City
Bodies shall be personally liable to the Developer or any successor in interest, in the event of any
15
default or breach by the Commission or for any amount which may become due to the Developer
or any successor in interest or on any obligations under the terms of the Agreement. No partner,
employee or agent of Developer or successors of them shall be personally liable to the City Bodies
under this Agreement.
8.04 Costs. In the event the Closing is not completed by December 31, 2025, the
Company shall pay City’s fees, including attorneys’ fees, Bond Counsel fees, municipal advisory
fees and any other fees reasonably incurred with respect to this Agreement.
8.05 Default.
(a) Events of Default. It shall be an Event of Default if either party fails to
perform or observe any term or condition of this Agreement to be performed or observed
by it after notice from the other party, and such default is not cured within the applicable
Cure Period.
(b) General Remedies. Whenever an Event of Default occurs, the non-
defaulting party may take whatever actions at Law or in equity are necessary or appropriate
to: (i) collect any payments due under this Agreement; (ii) protect the rights granted to the
non-defaulting party under this Agreement; (iii) enforce the performance or observance by
the defaulting party of any term or condition of this Agreement (including, without
limitation, the right to specifically enforce any such term or condition); or (iv) cure, for the
account of the defaulting party, any failure of the defaulting party to perform or observe a
material term or condition of this Agreement to be performed or observed by it. If the non-
defaulting party incurs any costs or expenses in connection with exercising its rights and
remedies under, or enforcing, this Agreement, then the defaulting party shall reimburse the
non-defaulting party for all such costs and expenses, including reasonable attorney fees.
The parties acknowledge and agree that the Company’s agreement to perform and abide
by the covenants and obligations set forth in this Agreement is a material consideration for
the City Bodies’ commitment to undertake the construction of public infrastructure
improvements to support the Project in Section 5.02 and Exhibit H. Therefore, in the event
that the Company fails in a material way to make the investment contemplated by Section
4.01 and to complete the Project as required by this Agreement, then the City Bodies shall
be entitled to recover from Developer monetary damages incurred by the City as a result
of such failure, which may include the actual cost of its direct investment into the Project,
including the total amount expended to undertake the construction of public infrastructure
improvements to support the Project, and expenses related to City employees supporting
the Project, including its redevelopment staff, engineering staff, and legal department staff.
(c) No Remedy Exclusive. Except as provided to the contrary in this
Agreement, no right or remedy herein conferred upon, or reserved to, a non-defaulting
party is intended to be exclusive of any other available right or remedy, unless otherwise
expressly stated; instead, each and every such right or remedy shall be cumulative and in
addition to every other right or remedy given under this Agreement or now or hereafter
existing at Law or in equity. No delay or omission by a non -defaulting party to exercise
any right or remedy upon any Event of Default shall impair any such right or remedy, or
be construed to be a waiver thereof, and any such right or remedy may be exercised from
16
time to time, and as often as may be deemed to be expedient. To entitle a non-defaulting
party to exercise any of its rights or remedies, it shall not be necessary for the non-
defaulting party to give notice to the defaulting party, other than such notice as may be
required by this Agreement or by Law.
8.06 Termination. Notwithstanding any other provision, if the Closing has not occurred
before December 31, 2025 through no fault of the City Bodies, the City Bodies shall have the right
to terminate this Agreement and shall have no further responsibilities hereunder.
8.07 Amendment. This Agreement, and any exhibits attached hereto, may be amended
only by the mutual consent of the parties, by the adoption of an ordinance or resolution of each of
the City Bodies approving said amendment, as provided by law, and by the execution of said
amendment by the parties or their successors in interest.
8.08 No Other Agreement. Except as otherwise expressly provided herein, this
Agreement supersedes all prior agreements, negotiations and discussions relative to the subject
matter hereof and is a full integration of the agreement of the parties.
8.09 Severability. If any provision, covenant, agreement or portion of this Agreement
or its application to any person, entity or property, is held invalid, such invalidity shall not affect
the application or validity of any other provisions, covenants, agreements or portions of this
Agreement and, to that end, any provisions, covenants, agreements or portions of this Agreement
are declared to be severable.
8.10 Indiana Law. This Agreement shall be construed in accordance with the laws of
the State of Indiana.
8.11 Venue. The Parties agree that if any litigation arises out of this Agreement that such
litigation shall be brought in a court of competent jurisdiction in St. Joseph County, Indiana, unless
the Parties mutually agree to an alternative method of dispute resolution. The Parties hereby waive,
to the extent permitted under applicable Laws: (a) the right to a trial by jury in any action,
counterclaim, dispute or proceeding based upon, or related to, matters arising from this Agreement;
and (b) any right each of the Parties may have to: (i) assert the doctrine of “forum non conveniens”
or (ii) object to venue. This waiver applies to all claims against all Parties to such actions and
proceedings. This waiver is knowingly, intentionally, and voluntarily made by the parties hereto.
8.12 Notices. All notices and requests required pursuant to this Agreement shall be
deemed sufficiently made if delivered, as follows:
17
To the Company:
J.C. Hart Company, Inc.
Attn.: John C. Hart, Jr.
805 City Center Drive, Suite 120
Carmel, Indiana 46032
Email: john@homeisjchart.com
With a copy to:
Dinsmore & Shohl, LLP
211 North Pennsylvania Street
One Indiana Square, Suite 1800
Indianapolis, Indiana 46204
Attention: E. Joseph Kremp
Email: Joe.Kremp@Dinsmore.com
To the City Bodies:
South Bend Redevelopment Commission
1400S County-City Building
227 West Jefferson Blvd
South Bend, IN 46601
Attn: Executive Director, South Bend Department of Community
Investment
Email: cbauer@southbendin.gov
With a copy to:
South Bend Legal Department
1200 County-City Building
227 West Jefferson Blvd.
South Bend, IN 46601
Attn: Corporation Counsel
Email: legaldept@southbendin.gov
or at such other addresses as the parties may indicate in writing to the others in writing. Any notice
required or permitted to be given to a party under this Agreement, shall be deemed given when (i)
hand delivered, with evidence of receipt of such delivery, (ii) deposited into Federal Express or
other similar type of overnight carrier service, (iii) two (2) business days after mailed by U.S.
Certified or Registered Mail, postage prepaid, or (iv) upon the receipt of an electronic email
transmission, followed by delivery by one of the other means identified in (i)-(iii).
8.13 Counterparts. This Agreement may be executed in several counterparts including
by Electronic Means (as defined below), each of which shall be an original and all of which shall
constitute but one and the same agreement. Any counterpart hereof signed by the party against
whom enforcement of this Agreement is sought shall be admissible into evidence as an original
18
hereof to prove the contents hereof. Moreover, the Parties hereto further acknowledge and agree
that this Agreement may be signed and/or transmitted by e-mail or a .pdf document or using
electronic signature technology (e.g., via DocuSign or similar electronic signature technology)
(“Electronic Means”), and that such signed electronic record shall be valid and as effective to bind
the party so signing as a paper copy bearing such party’s handwritten signature. The Parties further
consent and agree that: (a) to the extent a party signs this Agreement using electronic signature
technology, by clicking “SIGN”, such party is signing this Agreement electronically; and (b) the
electronic signatures appearing on this Agreement shall be treated, for purposes of vali dity,
enforceability, and admissibility, the same as handwritten signatures.
8.14 Assignment. Until the Project is completed, the rights and obligations contained in
this Agreement may not be assigned by the Company or any affiliate thereof without the express
prior written consent of each of the City Bodies; provided, however, that the Company may transfer
all or a portion of its rights and obligations hereunder to an affiliate of the Company upon notice to
but without the consent of the City Bodies, but any such transfer to an affiliate of the Company
shall not have the effect of releasing the Company and/or its assignees from the Company’s
obligations hereunder. Notwithstanding the foregoing, if this Agreement is transferred to an
affiliate of the Company, the Company will not be a party to, or otherwise obligated under, any
Loan Agreement or Taxpayer Agreement. Upon completion of the Project, the Company shall be
entitled to assign this Agreement to any purchaser of the Project without City’s prior written
consent; provided such purchaser shall be required to assume all obligations of the Company under
this Agreement arising after such purchase. Upon such assumption, the Company shall be released
from all obligations pursuant to this Agreement arising after the date the purchaser assumes this
Agreement. With respect to any assignment of this Agreement prior to the date that is three (3)
years following the Completion Date, Company shall demonstrate to the City that the new purchaser
and associated affiliates of the Project have comparable financial strength and reputation as the
Company, including its affiliates.
8.15 No Third Party Beneficiaries. This Agreement shall be deemed to be for the benefit
solely of the Parties and shall not be deemed to be for the benefit of any third party.
8.16 Effective Date. Notwithstanding anything herein to the contrary, this Agreement
shall not be effective until all parties hereto have executed this Agreement and each of the City
Bodies have approved or ratified this Agreement at public meetings.
[Signatures follows on next page]
IN WITNESS WHEREOF, the parties have duly executed this Agreement pursuant to all
requisite authorizations as of the date first above written.
CITY OF SOUTH BEND, INDIANA
By:
James Mueller, Mayor
SOUTH BEND REDEVELOPMENT
COMMISSION
By:
Troy Warner, President
ATTEST:
By:____________________________
Vivan G. Sallie, Secretary
J.C. HART COMPANY, INC.
_______________________________________
John C. Hart, Jr. Chairman
A-1
EXHIBIT A
DESCRIPTION OF PROJECT
Development and construction of 2 buildings housing 291 apartments and a 398 space structured
garage.
B-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY
Lot B of the Crowe Chizek Second Minor Subdivision Lot Line Adjustment
(See attached for Depiction)
C-1
EXHIBIT C
SITE PLAN
(See attached)
D-1
EXHIBIT D
RESERVED
E-1
EXHIBIT E
PROJECT ALLOCATION AREA
Lot B of the Crowe Chizek Second Minor Subdivision Lot Line Adjustment
(See attached for depiction)
F-1
EXHIBIT F
DEVELOPER INSURANCE REQUIREMENTS
A. Worker’s Compensation
1. State Statutory
2. Applicable Federal Statutory
3. Employer’s Liability $100,000.00
B. Comprehensive General Liability
1. Bodily Injury
a. $5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate Products
and Completed Operation
2. Property Damage
a. $5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate
C. Comprehensive Automobile Liability
1. Bodily Injury
a. $500,000.00 Each Person
b. $500,000.00 Each Accident
2. Property Damage
a. $500,000.00 Each Occurrence
G-1
EXHIBIT G
Form of Report to the Redevelopment Commission
(See Attached)
G-2
City of South Bend
Department of Community Investment
Development Agreement Review
Answer the below questions and return to the Department of Community Investment.
Project Information
Project Name: __________________________________________________________
Address: _______________________________________________________________
Construction Completed to Date:
Project Schedule Update:
Itemized Accounting of Private Investment to Date:
Number of Jobs Created:
Name: _______________________________________
Address: _______________________________________
_______________________________________
Position: _______________________________________
Email: _______________________________________
Signature: ___________________________________ Date: ___________________
H-1
EXHIBIT H
Supporting Public Infrastructure
The City Bodies shall undertake the construction of public infrastructure improvements to
support the Project and which are necessary to re-establish a street grid and utility network at
the Project Site. Supporting Public Infrastructure shall include the following:
• Construction of new streets, curbs, sidewalks;
• Installation of lighting;
• Relocation of existing or building of new utilities serving the Project Site; and
• Improvements in support of the Project as agreed upon between the Parties, in
compliance with all applicable laws and regulations.
DMS 45049801
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 1/6/25
FROM: Erik Glavich, Director of Growth & Opportunity
SUBJECT: Declaratory Resolution, Establishing New
Allocation Area
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Resolution to establish a new separate allocation area in the River West Development
Area for the purpose of supporting redevelopment
SPECIFICS: The Resolution to be presented to the Commission for consideration would amend the River West
Development Area for the purpose of establishing a new allocation area to support the redevelopment of
property on the west bank of the St. Joseph River. The new allocation area would be known as the “Riverwalk
Allocation Area” and would be comprised of property on which the southern half of the Crowe complex currently
resides. The northern Crowe building would not be included in the new allocation area.
The adoption of the Resolution would begin the process of establishing a new allocation area that would
dedicate Tax Increment Financing for the issuance of bonds in support of a certain redevelopment project led by
Indiana developer, J.C. Hart Company, Inc. This will be an estimated $61.5 million project for the Developer and
will entail the demolition of the southern Crowe building and subsequent construction of 2 multi-family
residential buildings (totaling 291 apartments) and a 398-space structure parking garage. One of the apartment
buildings will be wrapped around the parking garage. As stated in the Resolution, the full development of the
Riverwalk Allocation Area with these improvements would not proceed as planned without the contribution of
tax increment revenues to be derived from the Riverwalk Allocation Area to this project.
In addition to establishing the new Riverwalk Allocation Area itself, the Resolution asserts, among other things,
that the establishment of the new allocation area would promote economic growth, will be a public utility and
benefit, and meets other purposes of state law, and establishes that incremental tax proceeds of the new area
be paid into an allocation fund designated as the “Riverwalk Allocation Area Allocation Fund.” The new Area will
result in new property taxes in the Riverwalk Project Allocation Area that would not have been generated but for
its adoption. The Area’s designation would expire after 25 years.
Adoption of the Declaratory Resolution by the Commission is the initial step in establishing the Riverwalk
Allocation Area. Moreover, staff will present resolutions for adoption to the South Bend Plan Commission, the
Economic Development Commission, and the Common Council in the next few months.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
RESOLUTION NO. 3627
RESOLUTION OF THE
SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AMENDMENTS TO THE DECLARATORY
RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER
WEST DEVELOPMENT AREA FOR THE PURPOSE OF
ESTABLISHING A NEW ALLOCATION AREA AND RELATED
MATTERS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the
governing body of the City of South Bend, Indiana, Department of Redevelopment (the
“Department”) and the Redevelopment District of the City of South Bend, Indiana (the “District”),
exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953
which has been codified in Indiana Code 36-7-14, as amended from time to time (the “Act”); and
WHEREAS, the Commission has heretofore adopted a declaratory resolution (as
subsequently confirmed and amended from time to time, the “Declaratory Resolution”)
designating an area known as the River West Development Area (the “Area”) as an economic
development area pursuant to the Act, designating the Area as an allocation area pursuant to
Section 39 of the Act (the “Allocation Area”), and approving and subsequently amending from
time to time a development plan for the Area (collectively, the “Plan”); and
WHEREAS, pursuant to Sections 15-17.5 of the Act, the Commission desires to
further amend the Declaratory Resolution and the Plan to designate an area, presently part of the
Allocation Area and described at Exhibit A attached hereto, as a separate allocation area pursuant
to Section 39 of the Act to be known as the “Riverwalk Allocation Area” (the “Riverwalk
Allocation Area”); and
WHEREAS, Section 39 of the Act has been created and amended to permit the
creation and expansion of “allocation areas” to provide for the allocation and distribution of
property taxes for the purposes and in the manner provided in said Section; and
WHEREAS, this Commission deems it advisable to apply the provisions of said
Section 39 of the Act to the Riverwalk Allocation Area; and
WHEREAS, the Commission now desires to approve the designation of the
Riverwalk Allocation Area and the amendment of the Plan to include the Riverwalk Allocation
Area therein (collectively, the “2025 Amendments”); and
WHEREAS, the proposed 2025 Amendments and supporting data were reviewed
and considered at this meeting.
- 2 -
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby finds and determines that the 2025 Amendments promote
significant opportunities for the (i) gainful employment of the citizens of the City of South Bend,
Indiana (the “City”), (ii) attraction of major new business enterprises to the City, and (iii) retention
and expansion of significant business enterprises existing in the boundaries of the City and meets
other purposes of Sections 2.5, 41 and 43 of the Act, including without limitation benefiting public
health, safety, and welfare, increasing the economic well-being of the City and the State of Indiana
(the “State”) and serving to protect and increase property values in the City and the State.
2. The 2025 Amendments cannot be achieved by regulatory processes or by the
ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5,
41 and 43 of the Act because of lack of local public improvements, existence of conditions th at
lower the value of the land below that of nearby land, multiple ownership of land, and other similar
conditions.
3. The public health and welfare will be benefited by accomplishment of the 202 5
Amendments.
4. It will be of public utility and benefit to further amend the Declaratory Resolution
and the Plan for the Area as provided in the 202 5 Amendments and to continue to develop the
Area, including the Riverwalk Allocation Area, as provided under the Act.
5. Accomplishment of the 2025 Amendments will be a public utility and benefit as
measured by the attraction or retention of permanent jobs, an increase in the property tax base,
improved diversity of the economic base and other similar public benefits.
6. The Commission hereby finds that the further amendment of the Declaratory
Resolution and the Plan, to designate the Riverwalk Allocation Area, conforms to the
comprehensive plan for the City.
7. The map and plat of the Riverwalk Allocation Area showing its boundaries, the
location of the various parcels of property, streets and alleys, and other features affecting the
acquisition, clearance, replatting, replanning, rezoning, redevelopment or economic development
of the Riverwalk Allocation Area, and the parts of the Riverwalk Allocation Area that are to be
devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the
Plan, are hereby approved and adopted as the map and plat for the Riverwalk Allocation Area.
8. The 2025 Amendments are reasonable and appropriate when considered in relation
to the Declaratory Resolution and the Plan and the purposes of the Act.
9. The findings and determinations set forth in the Declaratory Resolution and the
Plan are hereby reaffirmed.
- 3 -
10. The Commission finds that no residents of the Area will be displaced by any project
resulting from the 2025 Amendments, and therefore finds that it does not need to give
consideration to transitional and permanent provision for adequate housing for the residents.
11. The 2025 Amendments are hereby in all respects approved.
12. The area described in Exhibit A is hereby removed from the Allocation Area, and
is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known
as the “Riverwalk Allocation Area,” for purposes of the allocation and distribution of property
taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C.
6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a
distribution of property taxes on taxable property in said allocation area shall be allocated and
distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39, property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Riverwalk Allocation Area hereby designated as the “Riverwalk
Allocation Area Allocation Fund” and may be used by the District to do one or more of the
things specified in Section 39(b)(4) of the Act, as the same may be amended from time to
time. Said allocation fund may not be used for operating expenses of the
Commission. Except as otherwise provided in the Act, before June 15 of each year, the
Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Riverwalk Allocation Area that would not have been generated but
for the adoption of the allocation provision, as specifically evidenced by the findings set
forth in Exhibit B. The base assessment date for the Riverwalk Allocation Area is January
1, 2025.
13. The provisions of this Resolution shall be subject in all respects to the Act and any
amendments thereto, and the allocation provisions herein relating to the Riverwalk Allocation Area
shall expire on the date that is twenty-five (25) years after the date on which the first obligation is
incurred to pay principal and interest on bonds or lease rentals on leases payable from tax
increment revenues derived from the Riverwalk Allocation Area.
14. Any member of the Commission is hereby authorized to take such actions as are
necessary to implement the purposes of this resolution, and any such action taken prior to the date
hereof is hereby ratified and approved.
15. This Resolution, together with any supporting data, shall be submitted to the City
of South Bend Plan Commission (the “Plan Commission”) and the Common Council of the City
(the “Common Council”) as provided in the Act, and if approved by the Plan Commission and the
Common Council shall be submitted to a public hearing and remonstrance as provided by the Act,
after public notice as required by the Act.
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16. This Resolution shall take effect immediately upon its adoption by the Commission.
ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held on the 9th day of January, 2025.
SOUTH BEND
REDEVELOPMENT COMMISSION
President
ATTEST:
Secretary
A-1
EXHIBIT A
LEGAL DESCRIPTION
Riverwalk Allocation Area
River West Development Area
Lot B of the Crowe Chizek Second Minor Subdivision Lot Line Adjustment
B-1
EXHIBIT B
2025 PLAN SUPPLEMENT
The Plan is further supplemented and amended to add the description for the territory to be known
as the Riverwalk Allocation Area as set forth at Exhibit A.
Tax Increment Revenues from the Riverwalk Allocation Area may be used to support all
or any portion of the development, design, construction, equipping, and improving, as the case
may be, of a development consisting of 2 buildings housing 291 apartments and a 398-space
structured garage to be located in the Riverwalk Allocation Area and for any other economic
development projects that are located in or serve the Riverwalk Allocation Area.
The Commission anticipates capturing tax increment revenues from the Riverwalk
Allocation Area and applying such tax increment revenues to offset payments by developers on
promissory notes in connection with economic development revenue bond financings undertaken
by the unit, or to pay principal or interest on economic development revenue bonds issued by the
unit to provide incentives to a developer, in furtherance of the economic development or
redevelopment purposes of the Riverwalk Allocation Area.
Based on representations made to the Commission, the Commission has determined that
the full development of the Riverwalk Allocation Area with the improvements described above,
will not proceed as planned without the contribution of tax increment revenues to be derived from
the Riverwalk Allocation Area to the projects described above.
DMS 45741586v2
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 12/23/2024
FROM: Erin Michaels, Property Development Manager
SUBJECT: Disposition of 808 S. Lafayette Blvd
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Begin Disposition Process of 808 S Lafayette Blvd.
SPECIFICS: The Redevelopment Commission (RDC) acquired 808 S Lafayette Blvd. (the “Property”) through a
certain Real Estate Purchase Agreement executed on May 31, 2012, along with (9) other parcels. City Staff
believe there may be redevelopment interest in the property.
The attached three documents – Bid Specifications, Noticed of Intended Disposition, and Resolution establishing
offering price – are the beginning of the process for the property to be disposed and set the following conditions
for a bid on the Property:
- $9,500 minimum bid (average of two appraisals)
- All bids will be due by 9:00 a.m. on February 13, 2025, and opened publicly at the RDC meeting on
February 13, 2025
- During the review process, emphasis will be placed on compatibility with and support of the goals
and objectives of the surrounding businesses and neighborhood and the Development Plan for the
River West Development Area.
Staff requests approval of all three items.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
Bid Specifications & Design Considerations
Sale of Redevelopment Owned Property
Lots 22 Ft Nside Lot 190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E & Adj D Garst 1st
& 12 Ft N Side Lot 188 & All Of Lot 189 & 3 Ft S Side Lot 190 & W1/2 Vac Alley E
Property Tax ID: 018-3042-1609 & 018-3042-1608
Commonly Known As: 808 S. Lafayette Blvd
River West Development Area
1. All of the provisions of I.C. 36-7-14-22 will apply to the bidding process.
2. All offers must meet the minimum price listed on the Offering Sheet (page 7).
3. Proposals for redevelopment are required to be for projects that are permitted
within the I Industrial zoning designation. All proposals must conform to the
existing zoning provisions as outlined in the South Bend Zoning Ordinance Title
21 of the City of South Bend Municipal Code.
Proposals for the reuse of the property must include a basic reuse plan for the site
and a project timeline detailing aspects of the site redevelopment and site
improvements. During the review process, emphasis will be placed on
compatibility with and support of the goals and objectives of the surrounding
businesses and neighborhood and the Development Plan for the River West
Development Area.
4. Bidders are prohibited from the use of the property for speculation or land-holding
purposes.
5. All other provisions of the River West Development Area Development Plan must
be met.
Proposal Documents and Forms
for Property Disposition
City of South Bend
Redevelopment Commission
Lots 22 Ft Nside Lot 190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E &
Adj D Garst 1st & 12 Ft N Side Lot 188 & All Of Lot 189 & 3 Ft S Side
Lot 190 & W1/2 Vac Alley E
Commonly Known As: 808 S. Lafayette Blvd
Parcel ID: 71-08-12-354-003.000-026 & 71-08-12-354-002.000-026
River West Development Area
City of South Bend
James Mueller
Mayor
Caleb Bauer
Executive Director
Department of Community Investment
Sandra Kennedy
Corporation Counsel
Redevelopment Commission
Troy Warner
President
Dave Relos
Vice-President
Vivian G. Sallie
Secretary
Eli Wax
Member
Gillian Shaw
Member
Bidding Expires at 9:00 a.m. (local time) on- February 13, 2025
1
Index of Documents
Proposal Documents
1. Instructions to Applicants 2
2. Offering Sheet 7
3. Property Tax Number(s) 8
4. Disposition Property Map 9
5. Bid Specifications & Design Considerations 10
6. Legal Notice 11
7. Resolution Regarding Prevailing Wage Rates 12
Proposal Forms
1. Proposal 1
2. Statement of Qualifications and Financial Responsibility 3
3. Statement for Public Disclosure 7
4. Affidavit of Non-Collusion 9
2
Instructions to Applicants
The South Bend Redevelopment Commission (“Commission”) invites proposals for the
purchase and re-use of certain real property with a legal description of Lots 22 Ft Nside Lot
190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E & Adj D Garst 1st & 12 Ft N Side Lot 188 &
All Of Lot 189 & 3 Ft S Side Lot 190 & W1/2 Vac Alley E South Bend, commonly known as
808 S. Lafayette Blvd. within the River West Development Area, South Bend, Indiana.
The Proposal Documents provide Applicants with essential information regarding the
Disposition process and the Project Site. Each Applicant should read this information
thoroughly before submitting a proposal to the Commission. The Proposal Forms are
required as part of any proposal submitted for the purchase of Commission-owned land. All
Forms must be complete. The Commission may reject any proposal submitted with
incomplete or missing information.
Evaluation Criteria
The Commission may use the following criteria to guide its review and acceptance or denial
of a proposal:
The degree to which the Applicant’s proposal meets the objectives of the
Development Plan for the River West Development Area prepared by the
Department of Community Investment and approved by the Commission, the South
Bend Plan Commission, and the Common Council; and the surrounding businesses
and neighborhood.
The use of the improvements proposed to be made by the Applicant on the real
property; the Applicant's plans and ability to implement the re-use of the real estate
with reasonable promptness; whether the real property will be sold or rented; the
Applicant's proposed sale or rental prices; and any factors which will assure the
Commission that the sale, if made, will further the execution of the River West
Development Plan and will best serve the interest of the community, from the
standpoint of both human and economic welfare.
The financial responsibility, qualifications, experience and ability of the Applicant to
finance and complete the development.
The proposal which will provide the Commission with the best possible
development, based upon the price offered for the property and consistent with the
preceding objectives.
Any conflict among these criteria will be reconciled to the best interest of the
Development Area and the City of South Bend, as determined by the Commission.
3
Disposition Process
Bidding
All bids for the purchase and re-use of certain property in the River West Development
Area must be delivered to the Department of Community Investment (“Department”),
located at:
1400 S. County-City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
on or before 9:00 a.m. (local time) on February 13, 2025. All proposals will be opened and
made public at a public meeting of the South Bend Redevelopment Commission, held at
9:30 a.m. (local time) on February 13, 2025 at 1308 County-City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601, or in the event of cancellation or
rescheduling, at the Redevelopment Commission’s subsequent regular meeting or
rescheduled regular meeting held at a time and place given by public notice.
Proposals with completed forms and without any missing information will be reviewed by
the Commission according to the Evaluation Criteria as stated above. The Commission
reserves the right to reject any bid and may make awards to the highest and best bidder.
Notice of acceptance or rejection will be mailed to each of the bidders via US Mail to the
address stated on the Proposal Forms.
All offers will be subject to the requirements of the Contract for Sale of Land as referenced
on Page 6.
After the Bidding Period
Once the bidding period has expired, proposals may be made to the Commission for the
remaining property available, if any.
All Applicants should familiarize themselves with the Proposal Forms and any proposal
submitted after the bidding period has expired shall be completed utilizing the Proposal
Forms. Proposals after the termination of the bidding period are to be submitted to the
Department for review and consideration. The Commission will review proposals based
upon the Evaluation Criteria as stated above. The Commission reserves the right to reject
any proposal. Notice of acceptance or rejection will be mailed to each of the Applicants via
US Mail to the address as stated on the Proposal Forms.
Proposals
All proposals must be complete and include the information and documentation requested
in the Proposal Forms. Proposals that are submitted with incomplete or missing
information will not be accepted. Applicant must use the Proposal Forms as provided by
the Department.
4
Proposal Forms
The Proposal Forms must be complete before the Commission will review the
proposal. The first and second pages of the Proposal Forms describe the
Applicant's offer for the real property. Applicants shall fill in all applicable spaces
and sign accordingly.
Each Applicant shall submit the following as part of the Applicant’s proposed offer:
Narrative Description
(Proposal Forms, page 1)
A Narrative Description of the Applicant’s proposed development project for
the real property must be submitted as part of the proposal. The Narrative
Description should note the exact nature, character and use of the proposed
improvements. Maps, plans and drawings shall be included to clearly
indicate the location, size, materials, style of structures, parking lots, and
other improvements. All proposed improvements and uses must conform to
the Bid Specifications and Design Considerations and the River West
Development Area Development Plan. The maps, plans and drawings as
submitted will be examined by the Commission to determine whether, in the
Commission’s sole opinion, the Applicant’s proposal conforms to the Bid
Specifications and the River West Development Plan. The Commission may
reject any offer which does not conform to said Specifications, Guidelines
and/or Plan.
Proposed Site Plan
(Proposal Forms, page 1)
All Applicants must submit a site plan for the real property on which the
Applicant has made an offer. This site plan should be included as Exhibit "A"
of the proposal. If the Applicant's proposal is accepted, the Applicant will be
required to formalize the site plan with Commission Staff as part of the final
documentation.
Faithful Performance Guaranty
(Proposal Forms, page 2)
All proposals must be submitted with a Faithful Performance Guaranty in an
amount not less than 10% of the total purchase price offered for the property.
The Faithful Performance Guaranty will secure the execution of the Contract
and the development of the proposed improvements. The Faithful
Performance Guaranty may be in the form of a certified or cashier's check or
other security as approved by the Department. No offer will be considered
unless it is accompanied by the required guaranty. All checks should be
made payable to the City of South Bend, Department of Community
Investment.
Except as otherwise herein noted, the Faithful Performance Guaranty of all
unsuccessful Applicants will be returned as soon as practicable after notice
of rejection.
5
The Faithful Performance Guaranty will be refunded to the successful
Applicant at such time that the Commission deems that Applicant has
completed all improvements to the real property, as proposed, and the
Commission has issued a Certificate of Completion evidencing same.
Statement of Qualifications and Financial Responsibility
(Proposal Forms, pages 3-6)
The Commission shall have the right to make such investigations as it deems
necessary to determine the ability of the Applicant to perform the obligations
of the proposed offer. The Commission reserves the right to reject any
proposed offer where the evidence or information does not satisfy the
Commission that the Applicant is qualified to properly carry out the
obligations of the proposed offer, or where the Applicant refuses to cooperate
or assist the Commission in making such investigation.
Statement for Public Disclosure
(Proposal Forms, pages 7-8)
The Commission shall have the right to make such investigations as it deems
necessary to determine the completeness of the Applicant's disclosure. The
Commission reserves the right to reject any proposed offer where the
available evidence or information does not satisfy the Commission that the
Applicant has made a full disclosure, or where the Applicant refuses to
cooperate and assist the Commission in making such investigation, or the
Commission otherwise determines said Statement to be unsatisfactory.
Affidavit of Non-Collusion
(Proposal Forms, page 9)
The form of Affidavit of Non-Collusion is included in the Proposal Forms, and
the Applicant must use the form provided. The Affidavit is to the effect that
the Applicant has not colluded, conspired, connived, or agreed with any other
Applicant or person, firm or corporation in regard to any offer submitted to the
Commission. The failure of any Applicant to submit the Affidavit of
Non-Collusion shall be cause for rejection of the offer.
Corrections
Erasures or other changes to the Proposal Forms must be explained or noted
over the signature of the Applicant.
Withdrawal of Proposals
Proposals submitted prior to the scheduled public opening of the bids may be
withdrawn upon written request of the Applicant if such request is received by
the Department not less than twenty-four (24) hours prior to said public
opening. Unopened bids will be returned promptly.
Commission's Rights
The Commission reserves the right to accept or reject any or all proposals and to waive any
6
formalities in bidding which are not mandatory requirements.
Execution of Contract
Upon award of the bid by the Commission, the successful Applicant shall enter into a
Contract for Sale of Land with the Commission for the purchase and development of said
property within 30 days of notice of acceptance. The Contract for Sale of Land will provide
for the conveyance of the property therein purchased by quit-claim deed, together with title
insurance policy showing good and merchantable title, upon payment of the full purchase
price.
Additional Information
For further information as to the disposition program of the South Bend Redevelopment
Commission, and to inquire about touring the property in advance of bidding, interested
parties should contact the following staff member:
Joseph Molnar
Assistant Director of Growth and Opportunity
1400 S. County-City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 245-6052 (Office Phone)
jrmolnar@southbendin.gov
7
Offering Sheet
Property Size Minimum Offering Price Proposed Re-Use
Lots 22 Ft Nside Lot
190 & 12 Ft S Side
Lot 191 & W1/2 Vac
Alley E & Adj D
Garst 1st & 12 Ft N
Side Lot 188 & All Of
Lot 189 & 3 Ft S
Side Lot 190 & W1/2
Vac Alley E
018-3042-1609 &
018-3042-1608 71-08-12-354-
002.000-026 &
71-08-12-354-
003.000-026
Commonly Known As
808 S. Lafayette Blvd
(see map on page 9)
Site:
0.23 acres
$9,500
Projects that are permitted
within the I Industrial zoning
designation.
Strong emphasis will be
placed during the review
process on compatibility with
and support of the goals and
objectives of the River West
Development Area and the
surrounding businesses and
neighborhood.
8
Property Tax Identification Numbers
018-3042-1609 & 018-3042-1608
9
Disposition Property Map
10
Bid Specifications & Design Considerations
Sale of Redevelopment Owned Property
Lots 22 Ft Nside Lot 190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E & Adj D Garst 1st
& 12 Ft N Side Lot 188 & All Of Lot 189 & 3 Ft S Side Lot 190 & W1/2 Vac Alley E
Property Tax ID: 018-3042-1609 & 018-3042-1608
Commonly Known As: 808 S. Lafayette Blvd
River West Development Area
1. All of the provisions of I.C. 36-7-14-22 will apply to the bidding process.
2. All offers must meet the minimum price listed on the Offering Sheet (page 7).
3. Proposals for redevelopment are required to be for projects that are permitted
within the I Industrial zoning designation. All proposals must conform to the existing
zoning provisions as outlined in the South Bend Zoning Ordinance Title 21 of the
City of South Bend Municipal Code.
Proposals for the reuse of the property must include a basic reuse plan for the site
and a project timeline detailing aspects of the site redevelopment and site
improvements. During the review process, emphasis will be placed on compatibility
with and support of the goals and objectives of the surrounding businesses and
neighborhood and the Development Plan for the River West Development Area.
4. Bidders are prohibited from the use of the property for speculation or land-holding
purposes.
5. All other provisions of the River West Development Area Development Plan must be
met.
11
Notice of Intended Disposition of Property
RIVER WEST DEVELOPMENT AREA
Lots 22 Ft Nside Lot 190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E & Adj D Garst 1st & 12 Ft N Side Lot 188 & All Of Lot
189 & 3 Ft S Side Lot 190 & W1/2 Vac Alley E
Tax ID: 018-3042-1609 & 018-3042-1608
Commonly Known As: 808 S. Lafayette Blvd
South Bend, Indiana
Notice is hereby given that the Redevelopment Commission of the City of South Bend, Indiana, will receive sealed offers for the
purchase of certain property situated in the River West Development Area until 9:00 a.m. (local time) on February 13, 2025 in the
Office of the Department of Redevelopment, 1400 S. County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana,
46601. All offers will be publicly opened and read aloud at 9:30 a.m. (local time) on the February 13, 2025 at the Regular
Meeting of the Redevelopment Commission to be held that date and time in Room 1308 County-City Building, 227 West
Jefferson Boulevard, South Bend, IN 46601, or in the event of cancellation or rescheduling, at the Redevelopment Commission’s
subsequent regular meeting or rescheduled regular meeting held at a time and place given by public notice. Bid proposals for
the purchase of the property offered will be considered.
The property being offered is located at Lots 22 Ft Nside Lot 190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E & Adj D Garst 1st &
12 Ft N Side Lot 188 & All Of Lot 189 & 3 Ft S Side Lot 190 & W1/2 Vac Alley E Tax ID: 018-3042-1609 & 018-3042-1608,
commonly known as 808 S. Lafayette Blvd. in the River West Development Area, South Bend, Indiana. Any proposal submitted
must be for the site as noted on the Offering Sheet. The required re-use of the property is for projects that are permitted within
the I Industrial zoning designation. Strong emphasis will be placed during the review process on compatibility with and support of
the River West Development Area and the surrounding businesses and neighborhood.
A packet containing bid forms, the Offering Sheet and other pertinent information may be picked up at the Department of
Community Investment, 1400 S. County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601.
The Commission reserves the right to reject any and all bids, and to make the award to the highest and best bidder. In
determining the best bid, the Commission will take into consideration the following:
1. The use of the improvements proposed to be made by each bidder on the property, and their compatibility with and
support of the proposed re-use as described in the Offering Sheet;
2. Each bidder’s ability to improve the property with reasonable promptness;
3. Each bidder’s proposed purchase price;
4. Any factors which will assure the Commission that the sale, if made, will further the carrying out of the Development
Plan for the River West Development Area and will best serve the interest of the community from the standpoint of
human and economic welfare; and
5. The ability of each bidder to finance the proposed improvements to the property with reasonable promptness.
The Commission further reserves the right to waive any formalities in bidding which are not mandatory requirements.
A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
To secure the execution of the disposition agreement, the purchase of the property and the redevelopment thereof in accordance
with the agreement, the bidder must submit with the proposal a faithful performance guaranty, in the sum of ten percent (10%) of
the amount offered for the purchase of the property. The guaranty sum may be in the form of a certified check, a cashier’s check,
surety bond, letter of credit from a bank or trust company as approved by the Redevelopment Commission, or by other sufficient
security, but the form, substance and terms of the performance guaranty must be approved as satisfactory by the
Redevelopment Commission. The performance guaranty, if by cashier’s or certified check, shall be deposited in any account of
the Department of Redevelopment, City of South Bend, in a bank or trust company selected by the Redevelopment Commission.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF COMMUNITY INVESTMENT
Joseph Molnar, Assistant Director of Growth & Opportunity
Publish Dates: January 17 and January 24, 2025
12
Resolution Regarding Prevailing Wage Rates
1
Proposal Forms
Proposal
To: South Bend Redevelopment Commission
1400 S. County-City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
Commissioners:
The Undersigned having familiarized itself with the present conditions of the Project Site as hereinafter designated and legally described and with the Proposal Documents and Forms; and certifying its desire to participate in the development of the said property pursuant to Federal, State and Local ordinances and regulations, and the Development Plan as approved by the Redevelopment Commission; hereby offers and proposes to purchase or lease all or part of the Disposition Parcel identified in Exhibit “A” made part of this proposal.
The Applicant’s offer is described as follows:
Project Area
Disposition Parcel Number Total Acres
Offer is for: Entire Parcel
Part of Parcel
Form of Contract: Purchase
Lease
Term
Dollars $
Purchase Price
Dollars $
Annual Lease Payment
A Narrative Description of the proposed development on the Disposition Parcel identified in Exhibit “A”, describing the exact nature and character of the improvements proposed and their use; together with maps and plans sufficiently complete to indicate the general improvements to be made is attached and is to be considered a part of this proposal. (Maps and plans must be of sufficient scale to indicate clearly the location of the structures and other proposed improvements and should provide information on building elevations and materials.) The Proposal Forms as provided by the Department of Community Investment (Department) have been completed and are considered a part of this proposal. The Proposal Forms include: (1) a Statement of the Qualifications and Financial Responsibility; (2) a Statement for Public Disclosure, and; (3) a sworn Affidavit of Non-Collusion. It is the understanding of the Applicant that the Statement of the Qualifications and Financial Responsibility is confidential and to be used solely by the South Bend Redevelopment Commission and the Department.
2
A Faithful Performance Guaranty in the sum of Dollars ($ ), an amount equal to at least 10% of the total amount offered for the real property described in Exhibit “A”, it being understood by the Applicant that the Faithful Performance Guaranty shall guarantee the Applicant’s execution of and performance of the purchase or lease agreement. The Faithful Performance Guaranty will be refunded to the successful Applicant at such time the Commission deems that the improvements to the land, as proposed, have been completed and the Commission as evidenced by a Certificate of Completion issued by the Commission. The Faithful Performance Guaranty will be refunded in the event this offer is rejected. Acceptance or rejection of Applicant’s proposal shall be made by depositing such notification in the US Mail addressed to the undersigned (Applicant) at the address set forth below. In submitting this offer to purchase or lease, it is understood that the right to reject such offer is reserved by the Commission. The undersigned further agrees to execute a contract for the purchase or lease of land for development in the form prepared by the Department within thirty (30) days after notification of acceptance of this offer and to develop and use the above identified parcel(s) of land in conformity with the Federal, State and Local ordinances and regulations; applicable Development Plan; the Bid Specifications & Design Considerations; and the Narrative Description and maps and plans as submitted herein, with amendments, if any, as approved by the Commission.
Dated
Respectfully submitted,
Name of Individual or Corporation
By: Signature
Name (type)
Title
ATTEST: (BY SECRETARY OF A Corporation) Address:
By:
Signature
Name (type)
Title
Address:
3
Statement of Qualifications and Financial Responsibility
Applicant:
Address:
1. Is the Applicant a subsidiary of or affiliated with any other corporation or corporations or any other firm or firms?
Yes
No
If yes, list each corporation or firm by name and address, specify its relationship to the Applicant, and identify the officers and directors or trustees common to the Applicant and such other corporation or firm:
2. The financial condition of the Applicant, as of , , is as reflected in the attached financial statement.
Name and address of auditor or public accountant who performed the audit on which said financial statement is based:
(NOTE: Attach to this statement a certified financial statement showing the assets and the liabilities, fully itemized in
accordance with accepted accounting standards and based on a proper audit. If the date of the certified financial
statement precedes the date of this submission by more than six months, also attach an interim balance sheet not more
than 60 days old.)
3. If funds for development of the land are to be obtained from sources other than the Applicant’s own funds, a statement of the Applicant’s plan for financing the acquisition and development of the land:
4
4. Sources and amount of cash available to Applicant to meet equity requirements of the proposed undertaking:
a. In banks:
Name and Address of Bank Amount
b. By loans from affiliated or associated corporations or firms:
Name and Address of Bank Amount
c. By sale of readily salable assets:
Description Market Value Mortgages or Liens
5. Names and addresses of bank references:
6. Has the Applicant or (if any), the parent corporation, or any subsidiary or affiliated corporation of the Applicant or said parent corporation, or any of the Applicant’s officers or principal members, shareholders or investors, or other interested parties (as listed in items 5, 6, and 7 of the Statement for Public Disclosure and referred to herein as principals of the Applicant) been adjudged bankrupt, either voluntary or involuntary, within the past 10 years?
Yes
No
If yes, give date, place and under what name:
7. Has the Applicant or anyone referred to above as principals of the Applicant been indicted for or convicted of any felony within the past 10 years?
Yes
No
If yes, give for each case (1) date, (2) charge, (3) place, (4) Court, (5) action taken. Attach any explanation deemed necessary.
8. Undertakings, comparable to the proposed development, which have been completed by the Applicant or any of the principals of the Applicant, including a brief description of each project and date of completion:
9. If the Applicant, or any principals of the Applicant, has ever been an employee, in a supervisory capacity, for a construction contractor or builder on undertakings comparable
5
to the proposed development, the name of such employee, name and address of employer, title, and brief description of work:
10. If the Applicant or a parent corporation, a subsidiary, an affiliate, or a principal of the Applicant is to participate in the development of the land as a construction contractor or builder:
a. Name and address of such contractor or builder:
b. Has such contractor or builder within the last 10 years ever failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, or failed to complete a construction or development contract
Yes
No
If yes, explain:
c. Total amount of construction or development work performed by such contractor or builder during the last three years: $ .
General description of such work:
d. Construction contracts or developments now being performed by such contractor or builder:
Identification of Date to be
Contract or Development Location Amount Completed
11. Brief statement regarding equipment, experience, financial capacity, and other resources available to such contractor or builder for the performance of the work involved in the development of the land, specifying particularly the qualifications of the personnel, the nature of the equipment and the general experience of the contractor:
12. Does any member of the South Bend Redevelopment Commission or any officer or employee of the City of South Bend Department of Redevelopment have any direct or
6
indirect personal interest in the Applicant or the development of the land as proposed?
Yes
No
If yes, explain:
13. Does any member of the governing body of the City of South Bend or any public official or employee of the City of South Bend have any direct or indirect personal interest in the applicant or the development of the land as proposed?
If yes, explain:
14. Statements and other evidence of the Applicant’s qualifications and financial responsibilities (other than the financial statement referred to above) are attached hereto and hereby made a part hereof as follows:
Certification
I (We), Certify that this Statement of Qualifications and Financial Responsibility and the attached evidence of the Applicant’s qualifications and financial responsibility, including financial statements, are true and correct to the best of my (our) knowledge and belief.
Name Name
Signature Signature
Title Title
Date Date
(If the Applicant is an individual, this statement should be signed by such individual; if a partnership, by one of the partners; if a
corporation or other entity, by one of its chief officers having knowledge of the facts required by this statement)
7
Statement for Public Disclosure
Applicant:
Address:
Taxpayer ID#:
1. Applicant proposes to enter into contract for the purchase or lease of land from the South Bend Redevelopment Commission. Said land is more accurately described in Exhibit “A”.
2. Organizational Status of Applicant:
An individual
A corporation
A not-for-profit corporation or charitable institution
A partnership known as:
A business association or a joint venture known as:
A Federal, State or Local government or instrument thereof
Other (explain):
3. Organized and operating under the laws of
4. Date of Organization:
5. Names, addresses, and title of principal officers, investors, members or shareholders of Applicant, as follows: (attach additional sheets if necessary)
a. CORPORATION: the officers, directors or trustees, and each stockholder owning more than 10% of any class stock
b. NOT-FOR-PROFIT: the members who constitute the board of trustees or board of directors or similar governing body
c. PARTNERSHIP: each partner, whether a general or limited partner, and the nature and percent of interest
d. BUSINESS ASSOCIATION OR JOINT VENTURE: each participant and the nature and percent of interest
8
e. OTHER ENTITY: the officers, the members of the governing body, and each person having an interest of more than 10%
Name & Address Title and nature and percent of interest
6. Names, addresses, and the nature and percent of interest of each person or entity (not named in Item 5) who has a beneficial interest in any of the shareholders or investors named in Item 5 which gives such person or entity more than a computed 10% interest in the Applicant (for example, more than 20% of the stock in a corporation which holds 50% of the stock of the Applicant; or more than 50% of the stock in a corporation which holds 20% of the stock of the Applicant).
Name & Address Title and nature and percent of interest
7. Names of officers and directors, or trustees of any corporation or firm listed under Item 5 or Item 6 above.
Name & Address Title and nature and percent of interest
Certification
I (We), Certify that this Statement for Public Disclosure is true and correct to the best of my (our) knowledge and belief.
Name Name
Signature Signature
Title Title
Date Date
(If the Applicant is an individual, this statement should be signed by such individual; if a partnership, it should be signed by one
of the partners; if a corporation or other entity, it should be signed by one of its chief officers having knowledge of the facts
required by this statement)
9
Affidavit of Non-Collusion
State of Indiana ) ) SS: County of St. Joseph )
The undersigned, being first fully sworn, deposes and says that:
1. He/she is: owner, partner, officer, representative, agent, of
(applicant);
2. He/she is fully informed respecting the preparation and contents of the attached offer and of all pertinent circumstances respecting such offer;
3. Such offer is genuine and not a collusive or sham offer;
4. Neither said Applicant nor any of its officers, partners, owner’s agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed directly or indirectly, with any other Applicant, firm or person to submit a collusive or sham offer in connection with the Contract for which the attached offer has been submitted or to refrain from making an offer in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Applicant, firm or person to fix the price or prices in the attached offer, or of any other Applicant, or to fix any overhead, profit, or cost element of the offering price of any other Applicant, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of South Bend and/or its Department of Community Investment and/or the South Bend Redevelopment Commission person interested in the proposed Contact; and
5. The price or prices quoted in the attached offer are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Applicant or any of its agents, representatives, owners, employees or parties in interest, including this affiant.
Affiant
Signature
Title
Before me, the undersigned, a Notary Public, _________________________________ subscribed and swore to this Affidavit of
Non-Collusion on this _______________ day of _______________, ___________.
(Seal)
Notary Public
A resident of ____________________________, County, _________________.
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 12/23/2024
FROM: Erin Michaels, Property Development Manager
SUBJECT: Disposition of 808 S. Lafayette Blvd
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Begin Disposition Process of 808 S Lafayette Blvd.
SPECIFICS: The Redevelopment Commission (RDC) acquired 808 S Lafayette Blvd. (the “Property”) through a
certain Real Estate Purchase Agreement executed on May 31, 2012, along with (9) other parcels. City Staff
believe there may be redevelopment interest in the property.
The attached three documents – Bid Specifications, Noticed of Intended Disposition, and Resolution establishing
offering price – are the beginning of the process for the property to be disposed and set the following conditions
for a bid on the Property:
- $9,500 minimum bid (average of two appraisals)
- All bids will be due by 9:00 a.m. on February 13, 2025, and opened publicly at the RDC meeting on
February 13, 2025
- During the review process, emphasis will be placed on compatibility with and support of the goals
and objectives of the surrounding businesses and neighborhood and the Development Plan for the
River West Development Area.
Staff requests approval of all three items.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
Notice of Intended Disposition of Property
RIVER WEST DEVELOPMENT AREA
Lots 22 Ft Nside Lot 190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E & Adj D Garst 1st & 12 Ft N Side Lot 188 & All Of Lot
189 & 3 Ft S Side Lot 190 & W1/2 Vac Alley E
Tax ID: 018-3042-1609 & 018-3042-1608
Commonly Known As: 808 S. Lafayette Blvd
South Bend, Indiana
Notice is hereby given that the Redevelopment Commission of the City of South Bend, Indiana, will receive sealed offers for
the purchase of certain property situated in the River West Development Area until 9:00 a.m. (local time) on February 13, 2025
in the Office of the Department of Redevelopment, 1400 S. County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana, 46601. All offers will be publicly opened and read aloud at 9:30 a.m. (local time) on the February 13, 2025 at the
Regular Meeting of the Redevelopment Commission to be held that date and time in Room 1308 County-City Building, 227
West Jefferson Boulevard, South Bend, IN 46601, or in the event of cancellation or rescheduling, at the Redevelopment
Commission’s subsequent regular meeting or rescheduled regular meeting held at a time and place given by public notice.
Bid proposals for the purchase of the property offered will be considered.
The property being offered is located at Lots 22 Ft Nside Lot 190 & 12 Ft S Side Lot 191 & W1/2 Vac Alley E & Adj D Garst
1st & 12 Ft N Side Lot 188 & All Of Lot 189 & 3 Ft S Side Lot 190 & W1/2 Vac Alley E Tax ID: 018-3042-1609 & 018-3042-
1608, commonly known as 808 S. Lafayette Blvd. in the River West Development Area, South Bend, Indiana. Any proposal
submitted must be for the site as noted on the Offering Sheet. The required re-use of the property is for projects that are
permitted within the I Industrial zoning designation. Strong emphasis will be placed during the review process on compatibility
with and support of the River West Development Area and the surrounding businesses and neighborhood.
A packet containing bid forms, the Offering Sheet and other pertinent information may be picked up at the Department of
Community Investment, 1400 S. County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601.
The Commission reserves the right to reject any and all bids, and to make the award to the highest and best bidder. In
determining the best bid, the Commission will take into consideration the following:
1. The use of the improvements proposed to be made by each bidder on the property, and their compatibility with and
support of the proposed re-use as described in the Offering Sheet;
2. Each bidder’s ability to improve the property with reasonable promptness;
3. Each bidder’s proposed purchase price;
4. Any factors which will assure the Commission that the sale, if made, will further the carrying out of the Development
Plan for the River West Development Area and will best serve the interest of the community from the standpoint of
human and economic welfare; and
5. The ability of each bidder to finance the proposed improvements to the property with reasonable promptness.
The Commission further reserves the right to waive any formalities in bidding which are not mandatory requirements.
A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
To secure the execution of the disposition agreement, the purchase of the property and the redevelopment thereof in
accordance with the agreement, the bidder must submit with the proposal a faithful performance guaranty, in the sum of ten
percent (10%) of the amount offered for the purchase of the property. The guaranty sum may be in the form of a certified
check, a cashier’s check, surety bond, letter of credit from a bank or trust company as approved by the Redevelopment
Commission, or by other sufficient security, but the form, substance and terms of the performance guaranty must be approved
as satisfactory by the Redevelopment Commission. The performance guaranty, if by cashier’s or certified check, shall be
deposited in any account of the Department of Redevelopment, City of South Bend, in a bank or trust company selected by
the Redevelopment Commission.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF COMMUNITY INVESTMENT
Joseph Molnar, Assistant Director of Growth & Opportunity
Publish Dates: January 17 and January 24, 2025
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 12/23/2024
FROM: Erin Michaels, Property Development Manager
SUBJECT: Disposition of 808 S. Lafayette Blvd
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Begin Disposition Process of 808 S Lafayette Blvd.
SPECIFICS: The Redevelopment Commission (RDC) acquired 808 S Lafayette Blvd. (the “Property”) through a
certain Real Estate Purchase Agreement executed on May 31, 2012, along with (9) other parcels. City Staff
believe there may be redevelopment interest in the property.
The attached three documents – Bid Specifications, Noticed of Intended Disposition, and Resolution establishing
offering price – are the beginning of the process for the property to be disposed and set the following conditions
for a bid on the Property:
- $9,500 minimum bid (average of two appraisals)
- All bids will be due by 9:00 a.m. on February 13, 2025, and opened publicly at the RDC meeting on
February 13, 2025
- During the review process, emphasis will be placed on compatibility with and support of the goals
and objectives of the surrounding businesses and neighborhood and the Development Plan for the
River West Development Area.
Staff requests approval of all three items.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
RESOLUTION NO.3625
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION ESTABLISHING THE OFFERING PRICE OF
PROPERTY IN THE RIVER WEST DEVELOPMENT AREA
WHEREAS, the South Bend Redevelopment Commission (the “Commission”),
the governing body of the City of South Bend, Indiana, Department of Redevelopment,
exists and operates pursuant to I.C. 36-7-14 (the “Act”); and
WHEREAS, the Commission may dispose of real property in accordance with
Section 22 of the Act; and
WHEREAS, the real property identified at Exhibit A attached hereto and
incorporated herein (the "Property") has been appraised by two qualified, independent,
professional real estate appraisers and a written and signed copy of their appraisals is
contained in the Commission’s files; and
WHEREAS, each such appraisal has been reviewed by a qualified
Redevelopment staff person, and no corrections, revisions, or additions were requested
by such reviewer.
NOW, THEREFORE, BE IT RESOLVED by the Commission, pursuant to Section
22 of the Act, that based upon such appraisals, the offering price of the Property
described at Exhibit A is hereby established as stated therein, which amount is not less
than the average of the two appraisals, and all documentation related to such
determination is contained in the Commission’s files.
IT IS FURTHER RESOLVED that all notices and other actions required by
Section 22 of the Act be performed in order to effectuate the disposal of the Property.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
January 9, 2025 at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
____________________________
Troy Warner, President
ATTEST:
____________________________
Vivian G. Sallie, Secretary
EXHIBIT A
TO RESOLUTION NO. 3625
Offering Sheet
Property Size Minimum Offering Price Proposed Re-Use
Lots 22 Ft Nside Lot 190
& 12 Ft S Side Lot 191 &
W1/2 Vac Alley E & Adj
D Garst 1st & 12 Ft N
Side Lot 188 & All Of Lot
189 & 3 Ft S Side Lot
190 & W1/2 Vac Alley E
018-3042-1609 & 018-
3042-1608 71-08-12-354-002.000-
026 &
71-08-12-354-003.000-
026
Commonly Known As 808
S.Lafayette Blvd
Site:
0.23 acres $9,500
Projects that are permitted within
the I Industrial zoning designation.
Strong emphasis will be placed
during the review process on
compatibility with and support of the
goals and objectives of the River
West Development Area and the
surrounding businesses and
neighborhood.
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 1/6/25
FROM: Joseph Molnar, Assistant Director of
Growth & Opportunity
SUBJECT: Approval of Main Street Housing RFP
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Approval of the Request for Proposals for the land located adjacent to the Morris PAC
SPECIFICS: The attached Request for Proposals (“RFP”) is soliciting proposals from interested developers for a
new housing project in downtown South Bend.
The Raclin Murphy Encore Center is currently under construction adjacent to the Morris Performing Arts Center
(the “Morris”). The Raclin Murphy Encore Center will be a 20,000-square-foot expansion of the Morris. The
Encore Center is Phase II of The Neverending Encore which was the culmination of the 100th anniversary of the
Morris following Phase I which totaled $10 million in improvements to the Morris. The final Phase III of The
Neverending Encore is an envisioned to be an attached parking garage.
This garage will be constructed in the surface parking lot on Main Street. The attached RFP envisions enhancing
the parking garage with a housing development that can bring additional vitality downtown. The housing
development contemplated includes placing units on top of the “L” shaped garage (Option A) or constructing the
housing development as a separate building, adjacent to the parking garage (Option B). The RFP does not
envision the Redevelopment Commission selling land to a developer but rather entering into a long-term lease
agreement. The RFP sets out clear project requirements, submission requirements, evaluation criteria, and the
process for evaluation.
Staff recommend the approval of the RFP.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
County-City Building
227 W Jefferson Blvd, Suite 1400 S
South Bend, IN 46601
James Mueller, Mayor
Phone
Email
Website
311 inside City limits
311@southbendin.gov
Southbendin.gov
City of South Bend
Department of Community Investment
CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
DEVELOPER REQUEST FOR PROPOSALS – MAIN STREET HOUSING
Introduction
The Redevelopment Commission is pleased to present this Request for Proposals for the
downtown housing development associated with the Morris Performing Arts Center (PAC). The City
of South Bend is requesting proposals for the creative inclusion of housing in conjunction with a
new downtown parking garage constructed by the City.
We are excited to identify a partner who can collaborate with the City to achieve this important
residential development. With the recent expansion of the Morris PAC proceeding towards
construction, the time is right to now turn attention to supporting this important cultural asset with
connected parking while also continuing to bring more residents to our downtown.
Project Description
The City of South Bend is soliciting proposals from interested and experienced developers for a new
housing project associated with the Morris Performing Arts Center (PAC). The City of South Bend is
embarking on an enhancement project for the Morris PAC. This will include a new expansion to the
Morris PAC which will complete the street scape along Michigan Street between the existing Morris
PAC and the La Salle Apartments. This new expansion will be a two-level building with a footprint of
approximately 8,500 GSF. (Reference attached renderings of the Morris PAC expansion.)
The City will also be constructing a new parking garage to support the Morris PAC. This garage will
be constructed in the surface parking lot on Main Street, west of this new Morris PAC expansion and
above its existing loading dock. (Reference the attached site plan and concept floor plans.) The
City is contemplating two configurations for the parking garage:
Option A) An “L” shaped garage that covers the surface parking lot and spans over the truck
access to the loading dock, or
City of South Bend Community Investment
Option B) A simple two -bayed parking garage which is constructed directly west of the PAC
expansion only.
Both garages are anticipated to include 400 +/- spaces with vehicular ingress and egress off of Main
Street. Access to the Morris PAC loading dock will remain on Main Street. The parking garage levels
will all be constructed above grade.
The City is desiring to enhance the parking garage with a housing development that can bring
additional vitality to the downtown. The housing development contemplated includes placing units
on top of the “L” shaped garage (Option A) or constructing the housing development as a separate
building, adjacent to the parking garage (Option B) which will necessitate the housing spanning over
the loading dock access. The construction of the parking garage will be either a cast-in-place
concrete structure or a precast structure. This decision will be based on construction cost and
compatibility with the proposed housing development.
Additionally for both options, the City’s Municipal Utilities Office, located at the northeast corner of
Colfax and Main Streets, will be demolished allowing this parcel to be included with the housing
development. This will allow the housing development to have street presence and pedestrian
access at this corner. The housing development on this site can then span the alley to the north and
connect to the remainder of the housing placed on top of the “L” shaped garage (Option A) or
connect with the housing placed over the loading dock access (Option B). The housing
development for both options is anticipated to include 60 – 90 housing units, depending on the mix
of unit types.
The parking garage will be a shared garage for use by the tenants of the housing development and
the public, including patrons of the Morris PAC for scheduled events. It is anticipated that 90 – 135
spaces will be made available for the housing development depending on the final number of units
constructed. The remaining balance of the spaces will be available as public parking spaces. It is
anticipated that the housing spaces will be nested / separated on the upper floors of the parking
garage for both the LaSalle Apartments, the Hoffman Apartments, and the new housing.
The architectural character of the proposed development (reference attached renderings) suggests
a cohesively designed development consistent with downtown urban design. The City will provide
an architectural façade for the parking garage for either option. The housing development’s exterior
will complement the parking garage facade design to create a cohesive look to the overall
development. Collaboration with the design of both components will be needed to accomplish a
successful result.
Developer Qualifications / Incentives / Development Framework
This Request for Proposals (RFP) is directed to interested developers who have demonstrated
experience with urban housing developments that include parking garages. These housing
developments need to have either integrated garages with the housing (similar to Option A) or
stand-alone garages adjacent and connected to the housing (similar to Option B). The developer
will need to have been in the urban housing development business for a minimum of 10 years.
Familiarity with the City of South Bend’s on-going downtown revitalization, demographics, and
overall housing market will be beneficial.
City of South Bend Community Investment
The developer will need to specify in their submittal any incentives (City, Federal, or otherwise) and
the amounts thereof that is anticipated to be included in the project capital stack and provide
information regarding the process and timeline for securing these. It is expected that the City of
South Bend will own the Parking Garage and the land the housing development is built on and lease
the land to the developer of the housing development via an indefinite long-term ground lease.
The site is zoned DT Downtown which is the appropriate zoning classification for this scale and type
of project. Developers should be familiar with the zoning requirements and proposed projects
which meet the intent of the South Bend zoning ordinance.
Submission
The submission requirements will be as follows:
Cover Letter including:
o Organization Name
o Address
o Phone & Email
Team Organization:
o Description of Team
o Organizational Chart with Individuals
o Key Staff
o Description of Roles (including percentage of each team members time devoted to
the project)
o Resumes
Proposal for Housing Development:
o Outline of development and financial terms (Pro Forma expected later)
o Any or all proposed lease payment or terms to the Redevelopment Commission
o Projected overall construction costs and other private investment
o Proposed project schedule
o Details regarding unit affordability, including percentage of proposed affordable
units
o Details regarding incentives developer is requesting
o Project exterior renderings and diagrammatic floor plans
Description of the proposed Developer and Operator:
o Identify other firms co -submitting the proposal and their relationship to the
developer, and involvement in the project
o Description of developer’s in-house capabilities
o Number of years in business
o Documentation of financial ability to complete the project
Examples of Prior Relevant Experience:
o Number of Projects
o Location of Projects
o Number of Units
o Total Project Cost
o Imagery of Completed Examples
City of South Bend Community Investment
All exhibits, drawings, renderings, and other material included in the submission, in addition to the
sealed bid, will be retained by the Redevelopment Commission. The Redevelopment Commission
reserves the right to accept, reject, or table any and / or all offers for any / all reasons.
Submission Instructions
Questions shall be submitted to Joseph R. Molnar no later than 5:00pm local time March 27, 2025.
The Redevelopment Commission intends to respond in writing or email to all questions that will be
an addendum to the RFP, and such information will be provided to all respondents receiving a
packet via email. All such addenda shall become a part of the RFP, and all respondents shall be
bound by such addenda, whether or not received by the submitter.
Respondents shall submit their responses electronically to jrmolnar@southbendin.gov and should
reference this proposal in both the subject line of the email and in the proposed document. All
response files should be in PDF format, with individual file sizes limited to 20MB. All responses
must be received by 12:00pm local time, March 27, 2025. Hard copies may be required at a later
date.
Timeline
o RFP Released January 9, 2025
o Questions Due March 27, 2025
o Offering Sheet and Question Responses Provided April 10, 2025
o Proposals Due April 24, 2025
o Redevelopment Commission Proposal Opening May 8, 2025
o Interviews May 15, 2025 – June 12, 2025
o Staff Recommendation to Redevelopment Commission July 10, 2025
.
Option Agreement & Project Agreement
In order to ensure timely commencement of the site development, within 90 days of notification of
selection, the selected developer may be required to enter into a written agreement pertaining to
the eventual lease of the site. Upon notification of selection, the developer will concurrently
proceed with due diligence, pre-development activities, requests for incentives, and pursuit of real
estate entitlements, while also working with the City to negotiate a required Project Agreement for
the ground lease.
Appendix
Site Plan
Diagrammatic Floor Plans
Axonometric Massing Studies
Renderings
PURPOSE +
OVERVIEW
The City of South Bend is soliciting proposals
from interested and experienced developers for
a new housing project associated with the
Morris Performing Arts Center (PAC).
The City will be constructing a new parking
garage to support the Morris PAC. This garage
will be constructed in the surface parking lot on
Main Street, west of this new Morris PAC
expansion and above its existing loading dock.
•Option A) An “L” shaped garage that
covers the surface parking lot and spans
over the truck access to the loading dock,
or
•Option B) A simple two-bay parking
garage which is constructed directly west
of the PAC expansion only.
The City is desiring to enhance the parking
garage with a housing development that can
bring additional vitality to the downtown. The
housing development contemplated includes
placing units on top of the “L” shaped garage
(Option A) or constructing the housing
development as a separate building, adjacent
to the parking garage (Option B) which will
necessitate the housing spanning over the
loading dock access.
This RFP does not commit the Commission
to award a contract or pay costs incurred in
preparation of a proposal responding to this
request. For questions or clarifications, please
contact Joseph Molnar at:
jrmolnar@southbendin.gov.
PROJECT REQUIREMENTS
Adhere to Option A or B for the
Housing Development placement;
Meet zoning ordinance requirements;
Be urban in building design and site
layout;
Exterior of Housing Development
complement the facade of the
parking garage for either option
Reflect the architectural character of
surrounding properties and South
Bend’s architectural history; and
Feature a variety of housing options
(size and price points)
AT A GLANCE
0.84 ACRES
ADJACENT TO THE MORRIS
PERFORMING ARTS CENTER AND
LOCATED IN DTSB
DEVELOPER REQUIREMENTS
Applicants must have experience with urban
housing developments that include parking
garages, either integrated or adjacent to the
housing.
Applicants must have a minimum of 10 years of
experience in the urban housing development
business.
Familiarity with the City of South Bend's on-going
downtown revitalization, demographics, and overall
housing market will be beneficial
Applicants must comply with City of South Bend
ordinances and all other federal, state, and
local laws and regulations.
Applicants must agree to hold the South Bend
Redevelopment Commission harmless and to
indemnify it and the City of South Bend for any
damages or costs related to any claim, suit, or
demand related to any action occurring as a result
of the Applicant’s proposal.
The Commission reserves the right to reject
proposals submitted by Applicants who are not
current on property taxes or utility payments for any
properties currently owned, or for any other reason
deemed to be in the best interest of City.
SUBMISSION REQUIREMENTS
All proposals must be submitted using the legal name
of the organization with whom a contract would
be executed and must be signed by an authorized
representative. An electronic copy of the submittal, in a
single PDF document, no larger than 20MB, shall be
submitted to jrmolnar@ southbendin.gov with subject
line of “Bid: Main Street Housing” and include each of
the following:
COVER LETTER
Provide a brief cover letter including an overview of
the Applicant’s organization,, address, phone number
and email
ORGANIZATIONAL INFORMATION
Description of team, organizational chart with
individuals, key staff, description of roles, and
resumes
PROPOSAL FOR HOUSING DEVELOPMENT
•Outline of development and financial terms (Pro
Forma expected later)
•Any or all proposed lease payment and terms
•Projected overall construction costs
•Proposed project schedule
•Details regarding unit affordability, including
percentage of proposed affordable units
•Details regarding incentives developer is requesting
•Project exterior renderings and diagrammatic floor
plans
DESCRIPTION OF THE PROPOSED DEVELOPER &
OPERATOR
•Identify other firms, their relationship to the
developer, and involvement in the project
•Description of developer’s in-house capabilities
•Number of years in business
•Documentation of financial ability to complete the
project
EXAMPLES OF PRIOR RELEVANT EXPERIENCE
•Number of Projects
•Number of Units
•Total Project Cost
•Imagery of Completed Examples
EVALUATION CRITERIA
PROCESS FOR EVALUATION
The staff of the South Bend Redevelopment
Commission will review all submittals to determine
whether they are complete and responsive to this RFP.
Only submittals that are complete, responsive, and
meet all requirements of this RFP will be evaluated.
Complete and responsive submittals from qualified
applicants will be reviewed in detail as they are
submitted. If warranted, the Commission reserves the
right to request clarification or additional information
from individual applicants. If a bid is accepted, the bid
will be publicly recommended at a meeting of the
South Bend Redevelopment Commission.
RESOURCES
South Bend Zoning
Ordinance
TIF Districts River West
Development Plan
RFP REQUIREMENTS
Proposal is complete and meets or exceeds the requirements
of this request for proposals.
DESIGN
The size and character of the proposed development fits the
general design principles for the site. Specifically, the building
type(s), design, site layout, number of units, materials, and
similar considerations will be evaluated. Special attention
should be given to connecting the site to Downtown South
Bend and the Morris Performing Arts Center.
EXPERIENCE
Applicant has sufficient experience and a successful track
record of projects of similar type, size, and complexity and has
a minimum of 10 years of experience in the urban housing
development business
FINANCIAL RESPONSIBILITY
The Applicant demonstrates the ability to finance and
complete the Proposal in the time frames stated.
SUSTAINABILITY
The degree to which sustainability features are incorporated
beyond building code requirements.
PROPOSED LEASE TERMS
Any or all proposed lease payment or terms to the
Redevelopment Commission.
PROJECT SCOPE
Construction of a mixed use building that contains a
minimum of (60) units and ground floor retail.
Any other factors which will assure the Commission that the
proposal will best serve the interest of the community, both
from the standpoint of human and economic welfare and
public funds expended.
MAIN STREET HOUSING RFP TIMELINE
RFP Released
January 9, 2025 March 27, 2025
Questions Due
April 10, 2025
Offering Sheet & Question
Responses Provided
April 24, 2025
Proposals Due
May 8, 2025
Redevelopment
Commission Proposal
Opening
May 15, 2025 - June 12, 2025
Interviews
July 10, 2025
Staff Recommendation to
Redevelopment
Commission
MORRIS PERFORMING ARTS CENTER
MORRIS PAC ADDITION
(CONSTRUCTION START 2024)
115-121 W COLFAX AVE
(TO REMAIN)
DEVELOPABLE PARCEL
W COLFAX AVE
W LASALLE AVE
N DOCTOR MLK JR BLVDN MAIN STMORRIS PAC DOCK /
COLFAX BUSINESS
LOADING ACCESS
(TO REMAIN)
SITE PLAN
STRUCTURED PARKING
APPROX. 400 CARS
RETAIL OPPORTUNITY
MORRIS PAC DOCK /
COLFAX BUSINESS
LOADING ACCESS
RETAIL OPPORTUNITY
60-90 RESIDENTIAL UNITS
APPROX 26,000 SF / FLOOR
DEVELOPMENT POTENTIAL A
MORRIS PAC ADDITION
STRUCTURED PARKING
APPROX. 400 CARS
(ROOFTOP AMENITY OPPORTUNITY)
60-90 RESIDENTIAL UNITS
APPROX 26,000 SF / FLOOR
DEVELOPMENT POTENTIAL A
RETAIL OPPORTUNITY
60-90 RESIDENTIAL UNITS
APPROX 26,000 SF / FLOOR
RETAIL OPPORTUNITYMORRIS PAC DOCK /
COLFAX BUSINESS
LOADING ACCESS
STRUCTURED PARKING
APPROX. 400 CARS
DEVELOPMENT POTENTIAL A
GROUND LEVEL PLAN
RETAIL
OPPORTUNITY
MORRIS PERFORMING ARTS CENTER
MORRIS PAC
ADDITION
115-121 W COLFAX
RETAIL
OPPORTUNITY
PARKING
RESIDENTIAL
LOBBY
MORRIS PAC DOCK /
COLFAX BUSINESS
LOADING ACCESS
DEVELOPMENT POTENTIAL A
PARKING LEVEL PLAN
MORRIS PERFORMING ARTS CENTER
115-121 W COLFAX
RESIDENTIAL UNITS
(APPROX 6/FL)
MORRIS PAC
ADDITION
PARKING
DEVELOPMENT POTENTIAL A
RESIDENTIAL LEVEL PLAN
MORRIS PERFORMING ARTS CENTER
115-121 W COLFAX
RESIDENTIAL UNITS
(APPROX 28/FL)
ROOFTOP AMENITY OPPORTUNITY
MORRIS PAC
ADDITION
DEVELOPMENT POTENTIAL A
DEVELOPMENT POTENTIAL A
RETAIL OPPORTUNITY
STRUCTURED PARKING
APPROX. 400 CARS
60-90 RESIDENTIAL UNITS
APPROX 14,000 SF/FLOOR
RETAIL OPPORTUNITY
MORRIS PAC DOCK /
COLFAX BUSINESS
LOADING ACCESS
DEVELOPMENT POTENTIAL B
MORRIS PAC ADDITION
STRUCTURED PARKING
APPROX. 400 CARS
60-90 RESIDENTIAL UNITS
APPROX 26,000 SF / FLOOR
DEVELOPMENT POTENTIAL B
RETAIL OPPORTUNITY RETAIL OPPORTUNITY
STRUCTURED PARKING
APPROX. 400 CARS
60-90 RESIDENTIAL UNITS
APPROX 26,000 SF / FLOOR
MORRIS PAC DOCK /
COLFAX BUSINESS
LOADING ACCESS
DEVELOPMENT POTENTIAL B
GROUND LEVEL PLAN
MORRIS PERFORMING ARTS CENTER
MORRIS PAC
ADDITION
115-121 W COLFAX
RETAIL
OPPORTUNITY
PARKING
RESIDENTIAL
LOBBY
RETAIL
OPPORTUNITY
MORRIS PAC DOCK /
COLFAX BUSINESS
LOADING ACCESS
DEVELOPMENT POTENTIAL B
RESIDENTIAL LEVEL PLAN
MORRIS PERFORMING ARTS CENTER
115-121 W COLFAX
RESIDENTIAL UNITS
(APPROX 14/FL)
MORRIS PAC
ADDITIONPARKING
DEVELOPMENT POTENTIAL B
DEVELOPMENT POTENTIAL B
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 1.6.24
FROM: Joseph Molnar, Assistant Director of
Growth & Opportunity
SUBJECT: Budget Request for RDC Property Improvements
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Budget Request to provide funds for improvement of RDC owned properties
SPECIFICS: The RDC is the owner of several buildings which have active leases. Those buildings include the
Leighton Building and Union Station downtown, as well as the Main/Wayne Parking Garage and Portage Elwood
Shopping Center. The requested budget of $100k would be to provide improvements to those buildings over the
course of 2025 to ensure the leased spaces are safe and secure. These funds are needed for the RDC to meet its
obligations as a lessor in those agreements as well as enhancing local public improvements. All funds would be
expended in RDC-owned buildings with active tenants.
Staff recommend approval of the budget request.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 1/7/2025
FROM: Sarah Schaefer, Deputy Director, Community
Investment
SUBJECT: 2025 Fund Appropriation for Affordable
HomeMatters Lincoln Park
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Appropriation of $1.25 million in funding for the second year of the EDC statute
forgivable loan to build new housing in Lincoln Park.
SPECIFICS: Intend Indiana, through its Affordable HomeMatters Lincoln Park project, is building 92 new homes in
South Bend’s Lincoln Park neighborhood. The City is funding a portion of the construction costs through a $5
million EDC statute forgivable loan financed by TIF revenues. Per Section 2.2B of the Funding and
Reimbursement Agreement between the City and the Redevelopment Commission, approved in June 2024, the
Commission will consider annual appropriations of not more than $1.25 million for a five-year period to
reimburse the City for draws on the loan to finance a portion of construction costs for the project. The City is
requesting appropriation of the next $1.25 million to fund the second-year loan draw. Intend began construction
on 5 homes in 2024 and plans to build a minimum of 10 additional houses in 2025.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 1/7/2025
FROM: Sarah Schaefer, Deputy Director, Community
Investment
SUBJECT: 2025 Appropriation for 466 Works loan
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Appropriation of $1,160,000 million in funding for the second year of the EDC statute
forgivable loan to 466 Works to build new housing on the south side.
SPECIFICS: 466 Works is building 30 homes on the south side. The City is funding a portion of the construction
costs through a $3.5 million EDC statute forgivable loan financed by TIF revenues. Per Section 2.2B of the
Funding and Reimbursement Agreement between the City and the Redevelopment Commission, approved in
June 2024, the Commission will consider annual appropriations to reimburse the City for draws on the loan to
finance a portion of construction costs for the project. The annual appropriations will not exceed $116,000 per
house expected to be built in the ensuing year and will not exceed $3,500,000 total over three years. In 2024,
466 Works began construction on the first 5 homes. The City is requesting appropriation of $1.16 million for
construction of an additional 10 homes in 2025.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION