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HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 02.27.25 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Agenda Regular Meeting, February 27, 2025 – 9:30 a.m. BPW Conference Room 13th Floor or https://tinyurl.com/RDC-2025-4T 1. Roll Call 2. Appointment of Commissioners A. Ophelia Gooden-Rodgers – Council Appointee B. Eli Wax – Mayoral Appointee 3. Approval of Minutes A. Minutes of the Regular Meeting of February 13, 2025 4. Approval of Claims A. Claims Allowance February 11, 2025 B. Claims Allowance February 18, 2025 5. Old Business A. None 6. New Business A. River West Development Area 1. Public Hearing Regarding Further Amendment of River West Development Area for the Purpose of Establishing a New Allocation Area (Riverwalk Allocation Area) 2. Confirming Resolution No. 3629 (Riverwalk Allocation Area) 3. Resolution No. 3630 Pledging Tax Increment (J.C. Hart) B. Administrative 1. Resolution No. 3628 (Revised 2025 RDC Meeting Schedule) 2. Update on YMCA Demolition 7. Progress Reports A. Tax Abatement B. Common Council C. Other 8. Next Commission Meeting Thursday, March 13, 2025, 9:30 a.m. BPW Conference Room 13th Floor CITY OF SOUTH BEND REDEVELOPMENT COMMISSION SOUTH BEND REDEVELOPMENT COMMISSION MINUTES February 13, 2025, at 9:30 a.m. BPW Conference Room, 13th Floor, County-City Building https://tinyurl.com/RDC-2025-2T The South Bend Redevelopment Commission was called to order at 9:31 a.m. President Troy Warner presiding. 1. ROLL CALL Members Present: Troy Warner, President David Relos, Vice President Eli Wax, Commissioner Vivian Sallie, Secretary, tendered her resignation letter, and the Commission thanked her for her service. Members Absent: Gillian Shaw, Commissioner Legal Staff: Sandra Kennedy, Corporation Council - Virtual Danielle Campbell Weiss, Asst. City Attorney Redevelopment Staff: Caleb Bauer, Exec. Director, DCI Sarah Schaefer, Deputy Director, DCI Tim Corcoran, Chief Planner, DCI Erik Glavich, Director of Growth and Opportunity, DCI - Virtual Rosa Tomas, Director of Finance, DCI Joseph Molnar, Asst. Dir. of Growth and Opp., DCI Erin Michaels, Property Development Manager, DCI - Virtual Alexia Velazquez, Local Government Manager for FEC Laura Hensley, Board Secretary, DCI CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 13, 2025 2 Others Present: Leslie Biek, Assistant City Engineer Charlotte Brach, Senior Engineer Frank Niemiec, 1250 E. Farrington Circle Greg Swiercz, SB Tribune Kathy Schuth, Near Northwest Neighborhood Rachel Tomas Morgan, Councilwoman Matt Barrett, 110 S. Niles Ave. 2. Approval of Minutes A. Approval of Minutes of the Regular Meeting of Thursday, January 23, 2025 Upon a motion by David Relos for approval, second by Eli Wax, the motion carried unanimously; the Commission approved the minutes of the regular meeting of Thursday, January 23, 2025. 3. Approval of Claims A. Claims Allowances January 21, 2025 Upon a motion by David Relos for approval, second by Eli Wax, the motion carried unanimously; the Commission approved the claims allowances of January 21, 2025. B. Claims Allowances January 28, 2025 Upon a motion by David Relos for approval, second by Eli Wax, the motion carried unanimously; the Commission approved the claims allowances of January 28, 2025. 4. Old Business A. None 5. New Business A. Redevelopment General Fund (a.k.a Pokagon Fund) 1. Budget Request (NNN) Sarah Schaefer, Deputy Director of Community Investment, presented a budget request for $65,000 for affordable, urban infill housing. Ms. Schaefer gave some background on the project, there was an RFP from a couple years ago called the Sherman Harrison infill development RFP, in the Near Northwest Neighborhood Inc. for four (4) new affordable housing units. A duplex & ADU in the amount of CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 13, 2025 3 $370,000, and a single-family home in the amount of $130,000. Ms. Schaefer stated that the goals are to revitalize the urban neighborhoods, help stabilize the market and attract new developers to these neighborhoods. She explained that, the construction bids came in higher than expected and the total cost is estimated at $1.14 million which leaves a funding gap of $65,000. Ms. Kathy Schuth is the Executive Director of the NNN at a non-profit community development corporation on the near northwest side of South Bend with a mission to revitalize and stabilize their neighborhood. Ms. Schuth has been working directly with contractors and trying to recruit them since this has been out for bids three (3) times. She explained that the duplex is under construction. However, the single-family home funds are lagging, and funds have been added from the Federal Home Loan Bank of Indianapolis but still looking for ways to fill the gap. Commissioner Wax asked if the $65,000 will fund the entire project and Ms. Schuth stated yes. Vice President Relos asked if they plan to sell the home and Ms. Schuth stated that they will maintain and manage the property as three (3) rental units. President Warner stated that our portion would be approximately 5%. Matt Barrett asked about the selling price and Ms. Schuth explained the $426,000 includes both hard and soft costs for the development cost of all acquisitions, but the home will sell to the family at a market rate and right now on that block in that neighborhood is roughly $180,000. Upon a motion by David Relos for approval, seconded by Troy Warner, the motion carried unanimously; the Commission approved the Budget Request as presented on February 13, 2025. B. River East Development Area 1. Budget Request (Mishawaka Streetscape Design) Leslie Biek, Assistant City Engineer, presented a budget request for $500,000 of additional funds for construction of a streetscape project from Longfellow/Byres to Emerson which includes lanes reductions, separated shared-use path on the South side of street, water main replacement, storm sewer installation, streetscape elements such as lighting, benches, bike hitches and trees. Tim Corcoran, Chief Planner for Community Investment, stated that after speaking with residents in the community this intersection is busy with pedestrian traffic and needs safety elements put in place. Vice President Relos asked about the medians and the left turn lanes and Mr. Corcoran explained that the medians will be installed to take up the lane space and the left turns will still be accessible. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 13, 2025 4 Commissioner Wax asked if the medians would cause too many traffic backups and Mr. Corcoran stated that the volume of traffic in this section would flow smoothly and the medians are designed for traffic calming. Vice President Relos asked about the left turn lanes heading East and Mr. Corcoran stated that there will be space in the center for vehicles to safely wait to turn. Joseph Molnar, Assistant Director of Growth and Opportunity, stated that this is much needed in this busy area with the farmers market and local businesses and is in favor of this project. Rachel Tomas Morgan, Councilwoman agrees that traffic calming efforts are needed in this area. President Warner explained that two (2) years ago he attended a planning meeting which forty (40) residents and neighboring businesses and expressed the need to slow the traffic down in this walkable market district and thanked staff for their work. Vice President Relos is also in favor of the project. Commissioner Wax expressed concerns and feels that it could be done in a way that is most efficient to minimize disruption to the remaining two lanes of traffic and not make it too difficult to navigate from one part of the city to the next and still make it safe. Willow Weatherall is also in favor of the project. Frank Niemiec asked about this interfering with a city trolley/rail project and Caleb Bauer, Executive Director of Community Investment stated that the Administration does not support this idea and believes it is extremely cost prohibitive at this time. Upon a motion by David Relos for approval, seconded by Troy Warner, the motion carried unanimously; the Commission approved the Budget Request as presented on February 13, 2025. 2. Budget Request (Potawatomi Park, Phase I) Tim Corcoran, Chief Planner for Community Investment, presented a budget request for $4.5 million to add pedestrian safety elements, traffic calming and additional parking on both Greenlawn Ave. and Wall St. to accommodate the increasing popularity of the Potawatomi Park and Zoo as well as demolition of the pool. Mr. Corcoran stated that we would be adding two (2) raised crossings that line up with the sidewalks on Southwood and Hoover Ave. for a better experience for people crossing the street. There will also be the installation of a neighborhood traffic circle on Wall St. so that drivers can find parking without turning around in driveways. This will include stop controls, mountable curbs for buses and allows for vehicular circulation. Mr. Corcoran stated that on Wall St., there will be traffic calming measures which include two (2) crosswalks and 1-2 raised intersections as well as 90-degree parking on the South side. There will also be a pedestrian crossing on Ironwood Dr. at Wall St. with a central CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 13, 2025 5 pedestrian island, flashing sign, and bump outs added to the North side of Wall St. for safer crossing from the River Park neighborhood. Commissioner Wax asked why the neighborhood circle is not a full traffic circle. Mr. Corcoran stated that this has been discussed, and residents have concerns about people and students going around the circle too fast so this might be a solution for that, however, we are still in the concept phase. Mr. Corcoran also clarified that the pedestrian crossing on Ironwood is not a stop but yellow flashing lights and will be push button activated and help with the lane shift and street alignment issue. Rachel Tomas Morgan, Councilwoman asked if there is consideration for bike lanes/multi-use paths in this plan. Mr. Corcoran stated that there is a widened sidewalk connecting Ironwood to Greenlawn on the South side as well as on Greenlawn. Willow Weatherall stated that there is a disjointed sidewalk on the East side of Wall St. and on the Southwest corner of the park that is not connected to the zoo trail system and has a grassy hill that she hopes will be addressed. Upon a motion by David Relos for approval, seconded by Eli Wax, the motion carried unanimously; the Commission approved the Budget Request as presented on February 13, 2025. C. West Washington Development Area 1. Budget Request (MLK Dream Center Financial Empowerment Center) Sarah Schaefer, Deputy Director of Community Investment, presented a budget request for $40,000 for the buildout space for the Financial Empowerment Center office at the new Martin Luther King Jr. Dream Center opening in April. Ms. Schaefer explained that this center will provide free one-on-one financial counseling for South Bend residents. The services provided will focus on increasing savings, improving credit, reducing debt, and safe banking by using professionally trained counselors. Ms. Schaefer stated that there will be three (3) staff members, one program manager and two counselors that will need private space for sessions and the goal is to reach 480 residents per counselor, per year. She also explained they are expecting the hours to be 9 a.m. to 5 p.m. Monday, Wednesday and Friday and Tuesday, Thursdays, 8 a.m. to 8 p.m. as well as considering doing some additional hours on Saturdays during the Linden Ave. Farmers Market, which will also be at the Dream Center. The request is for adjustments to the current layout and furniture. Alexia Velazquez, Local Government Manager for FEC, stated that this is the first program of its kind in the state of Indiana and her team CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 13, 2025 6 along with Kathy Schuth, with the Near Northwest Neighborhood non- profit group will partner together and are very excited to get started. Ms. Velazquez explained they are being mentored by a group in Maryland, as well as a peer group from California, Colorado, New York, and Florida. Commissioner Wax asked if they could collect data regarding the success of the program and keep the Commission updated. Ms. Velazquez explained that they are using the Salesforce system to manage progress and track goals. Upon a motion by Eli Wax for approval, seconded by David Relos, the motion carried unanimously; the Commission approved the Budget Request as presented on February 13, 2025. D. River West Development Area 1. Purchase Agreement (State Theater) Caleb Bauer, Executive Director of Community Investment, presented the purchase agreement for two (2) parcels located at 212 and 216 S. Michigan St. for $800,000 zoned for DT-Downtown and is a .37-acre site with 16,995 square feet of space. Mr. Bauer explained that this property has been vacant and in litigation since March of 2023 and a judgment has been made with a court-ordered sheriff’s sale on December 4th. Mr. Bauer stated that the State Theater is a historic building constructed in 1919 and is listed on the National Register of Historic Places. Mr. Bauer explained that it’s not the City’s intention to renovate the property but to stabilize the building and ensure that it’s weather tight to buy time to work with the community for a better future for the building. He also explained that the City does have an easement on the façade of the building that carries maintenance requirements and if someone doesn’t step in soon, the building may be at a point of demolition. President Warner asked if we know what the stabilization will cost and if there are other partners lined up for the renovation. Mr. Bauer explained we do not have a specific number today, however, following the due diligence process with the purchase agreement and we would not move forward towards closing if it wasn’t viable and we have had conversations and interest with organizations to preserve the theater. Commissioner Wax asked how the price was determined and Mr. Bauer stated that it was negotiated with the lender and was less than the average of two (2) appraisals and we could update the Commissioners regarding the cost estimates prior to closing. Vice President Relos stated that it’s a building worth saving and necessary for the RDC to step in to save it. Frank Niemiec expressed concerns about the project. Willow Weatherall, Executive Director of Downtown CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 13, 2025 7 South Bend is in favor of the agreement and feels it’s a special place in the hearts and minds of the community. Upon a motion by Eli Wax for approval, seconded by David Relos, the motion carried unanimously; the Commission approved the Purchase Agreement as presented on February 13, 2025. 2. Development Agreement (Grand Leader) Joseph Molnar, Assistant Director of Growth and Opportunity, presented a development agreement for an amount not to exceed $900,000 at 225-229 S. Michigan St. (former Center City Place). Mr. Molnar explained that the agreement specifies that the developer will take possession no later than July 31, 2025, invest no less than $5.1 million into the property, complete the project by the end of 2028, and commits to rehabbing the ground floor for commercial use, floors 2-3 for hotel or office use, and confirms issuance of a certificate of occupancy for all three floors. He stated that the funding amount will be used to replace the roof, restoration of the historic façade including new windows, and reconnecting utilities. Vice President Relos asked if we know what is behind the current 1960’s façade and Christina Miller, the Developer, stated that architects, structural engineers and masonry experts have evaluated the building and what they found is the original stonework still exists and is intact and is hopeful that any damaged stonework could be matched to preserve the historic look of the original building. Mr. Molnar also pointed out that there was a scriber’s error on the original agreement but that has been fixed on the version that would be approved today. Commissioner Wax asked if the RDC is contributing prior to the purchase and Ms. Miller stated no, they are currently doing asbestos remediation and have paid for that themselves. She also mentioned that the utilities would need to be moved from the vault and the sewer and water lines would need to re-connected. The building also has a significant amount of water damage from the roof. Ms. Miller also owns the Dainty Maid Co. and is happy that the two buildings will connect. Upon a motion by David Relos for approval, seconded by Eli Wax, the motion carried unanimously; the Commission approved the Development Agreement as presented on February 13, 2025. 3. Budget Request (Riverfront West Engineering Services) CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 13, 2025 8 Charlotte Brach, Senior Engineer, presented a budget request for $665,000 for full engineering design and bid documents for the JC Hart development and will also include completing the primary plat for the Major Subdivision to establish the new right-of-way for the street network, secondary plat, relocation of utilities, sidewalks, lighting and trees. Caleb Bauer explained that a READI 2.0 grant award has been announced, and the City is working through negotiations with EDC and once we have a signed contract the RDC could be reimbursed for this request. Commissioner Wax asked if it’s guaranteed, and Mr. Bauer stated that he’s fairly confident we will receive the award. Upon a motion by David Relos for approval, seconded by Eli Wax, the motion carried unanimously; the Commission approved the Budget Request as presented on February 13, 2025. 6. Progress Reports A. Tax Abatement B. Common Council C. Other (Election of Secretary) President Troy Warner nominated Eli Wax as Commission Secretary and Mr. Wax accepted. Upon a motion by David Relos for approval, seconded by Troy Warner, the motion carried unanimously; the Commission to accept the nomination of Eli Wax as Secretary of the RDC on February 13, 2025. 7. Next Commission Meeting Thursday, February 27, 2025, 9:30 a.m. BPW Conference Room 13th Floor 8. Adjournment Thursday, February 13, 2025, 11:02 a.m. ______________________________ ______________________________ Eli Wax, 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, February 11, 2025 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-0099549 $47,001.55 GBLN-0100262 $771,881.98 GBLN-0000000 $0.00 Total:$818,883.53 _______________________________ 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: ance d claims and Expenditure approval RDC Payments-2/4/25 Pymt Run GBLN-0099549 Payment method: Voucher: Payment date: Vendor# V-00000472 Payment method: Voucher: Payment date: Vendor# V-00001411 Payment method: Voucher: Payment date: Vendor# V-00001886 Payment method: Voucher: Payment date: Vendor# V-00012256 CHK-Total RDCP-00035415 2/4/2025 Name DLZ IN DIANA LLC CHK-Total RDCP-00035416 2/4/2025 Name RIETH RILEY CONSTRUCTIO N CHK-Total RDCP-00035417 2/4/2025 Name A&Z ENGINEERING LLC ACH-Total RDCP-00035418 2/4/2025 Invoice# 3246 Invoice# APP #3 Invoice# 251824 Name Invoice # Urban Design Associates, Ltd 122446 Line description Due date Invoice amount Financial dimensions 429-10-102-121-431002-- Angela Blvd Roadway Modification - Design 11/24/2024 $690.00 PROJ00000371 Line description Due date Seitz Park -Gintz Dr and Parking lot bid 2/9/2025 Line description Due date Design Lincoln Way E. & Miami Intersection Improvements 2/8/2025 Line description Due date Downtown Master Plan -Economic development consultant 2/8/2025 Invoice amount Financial dimensions $31,563.75 429-10-102-121-444000-­ PROJ00000079 Invoice amount Financial dimensions $9,021.78 324-10-102-121-431002-­ PROJ00000552 Invoice amount Financial dimensions 324-10-102-121-431000-- $4,794.75 PROJ00000531 Purchase order PO-0019975 Purchase order PO-0033906 Purchase order PO-0034605 Purchase order PO-0030142 Payment method: Voucher: Payment date: Vendor# V-00013560 CHK-Total RDCP-00035419 2/4/2025 Name Invoice # CVR Associates, Inc 9 Line description PSA Asset Repositioning Services - HUD Choice Neighborhood Due date 2/13/2025 Invoice amount Financial dimensions 324-10-102-121-431000-- $931.27 PROJ00000440 Purchase order PO-0030570 Expenditure approval RDC Payments-2/11/25 Pymt Run GBLN-0100262 Payment method: Voucher: Payment date: Vendor# V-00000107 V-00000107 V-00000107 Payment method: Voucher: Payment date: Vendor# V-00000280 Payment method: Voucher: Payment date: Vendor# V-00000526 V-00000526 Payment method: CHK-Total RDCP-00035615 2/11/2025 Name AMERICAN STRUCTUREPOI NT INC AMERICAN STRUCTUREPOI NT INC AMERICAN STRUCTUREPOI NT INC CHK-Total RDCP-00035616 2/11/2025 Name C&E EXCAVATING INC ACH-Total RDCP-00035617 2/11/2025 Name ENFOCUS INC ENFOCUS INC CHK-Total Invoice# 185316 184414 185421 Invoice# 48197 Invoice# 1201805439 1201805439 Line description Beacon District Project -SBMF Demo PSA -Amend #2 (design services) Market District Preliminary Engineering Market District Preliminary Engineering Line description South Well Field Water Main Extension Line description Commuters Trust - EnFocus Fellow Commuters Trust - MISC Costs (legal fees, supplies, etc.) Due date 2/15/2025 1/19/2025 2/19/2025 Due date 9/14/2024 Due date 2/19/2025 2/19/2025 Invoice amount Financial dimensions 324-10-102-121-439018-- $7,285.00 PROJ00000528 324-10-102-121-431002-- $32,777.70 PROJ00000526 324-10-102-121-431002-- $19,030.30 PROJ00000526 Invoice amount Financial dimensions $77,916.06 430-10-102-121-444000-­ PROJ00000082 Invoice amount Financial dimensions 433-10-102-123-439300-- $14,986.43 $2,576.88 PROJ00000383 433-10-102-123-439300-­ PROJ00000383 Purchase order PO-0029313 PO-0029308 PO-0029308 Purchase order PO-0027554 Purchase order 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, February 18, 2025 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-0100786 $936,015.30 GBLN-0101029 $199,000.00 GBLN-0000000 $0.00 Total:$1,135,015.30 _______________________________ 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: ance d claims and Expenditure approval RDC Payments-2/18/25 Pymt Run GBLN-0100786 Payment method: Voucher: Payment date: Vendor# V-00000019 V-00000019 Payment method: Voucher: Payment date: Vendor# V-00000472 Payment method: Voucher: Payment date: Vendor# V-00000698 V-00000698 Payment method: ACH-Total RDCP-00035815 2/18/2025 Name ABONMARCHE CONSULTANTS OF IN ABONMARCHE CONSULTANTS OF IN CHK-Total RDCP-00035816 2/18/2025 Name DLZ IN DIANA LLC CHK-Total RDCP-00035817 2/18/2025 Name GREEN DEMOLITION CONTRACTORS INC GREEN DEMOLITION CONTRACTORS INC CHK-Total Invoice# 156387 156387 Invoice# 64068 Invoice# APP #4 APP #4 Due date 2/28/2025 Line description Property Bros Development Project - 614 Sherman - 3 Slab Survey Property Bros Development Project - Sherman Avenue TIF Survey 2/28/2025 Line description Due date Byer's Softball Complex 2024 Renovation -Design Services 2/28/2025 Line description Due date Drewry's Cleanup Phase II 2/26/2025 Drewry's Cleanup Phase II 2/26/2025 Invoice amount Financial dimensions 324-10-102-121-431000-- $1,600.00 PROJ00000491 324-10-102-121-431000-- $2,250.00 PROJ00000491 Invoice amount Financial dimensions 324-10-102-121-431000-- $10,712.50 PROJ00000498 Invoice amount Financial dimensions 324-10-102-121-439018-- $15,000.00 PROJ00000023 324-10-102-121-439018-- $46,820.00 PROJ00000023 Purchase order PO-0031353 PO-0034554 Purchase order PO-0029730 Purchase order PO-0033256 PO-0033256 V-00013479 V-00013479 V-00013479 V-00013479 Payment method: Voucher: Payment date: Vendor# V-00013560 Payment method: Voucher: Payment date: Vendor# V-00015444 Payment method: Voucher: Payment date: Vendor# V-00015464 Borkholder Buildings & Supply LLC Borkholder Buildings & Supply LLC Borkholder Buildings & Supply LLC Borkholder Buildings & Supply LLC CHK-Total RDCP-00035822 2/18/2025 2501612796 2501613925 2501612714 2501612714 Name Invoice # CVR Associates, Inc CHK-Total RDCP-00035823 2/18/2025 Name Briana Long CHK-Total RDCP-00035824 2/18/2025 SB09REV Invoice# 1232025 Name Invoice # AMF Holdings, LLC 2102025 Sherman Ave Porch Framing 2/6/2025 Sherman Ave Porch Framing 2/23/2025 Sherman Ave Porch Framing 2/5/2025 Sherman Ave Framing Purchase 2/5/2025 Line description Due date PSA Asset Repositioning Services - HUD Choice Neighborhood 2/13/2025 Line description Due date Option to Purchase Agreement -4124 Old Cleveland Rd. 2/18/2025 Line description Due date Purchase State Theater -Earnest Money 2/18/2025 324-10-102-121-431000-- $4,875.78 PROJ00000491 324-10-102-121-431000-- $752.80 PROJ00000491 324-10-102-121-431000-- $1,707.42 PROJ00000491 324-10-102-121-431000-- $814.72 PROJ00000491 Invoice amount Financial dimensions $3,152.50 324-10-102-121-431000-- PO-0030570 PROJ00000440 Invoice amount Financial dimensions $25,000.00 324-10-102-121-439000-- Invoice amount Financial dimensions $24,000.00 324-10-102-121-443000-- PO-0034706 PO-0034706 PO-0034706 PO-0034706 Purchase order Purchase order PO-0036427 Purchase order PO-0036528 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 2/25/25 FROM: Erik Glavich, Director, Growth & Opportunity SUBJECT: Public Hearing Resolution No. 3629 (Confirming Resolution) Resolution No. 3630 (J.C. Hart TIF Pledge) 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: Public hearing and resolution to confirm the establishment of the Riverwalk Allocation Area; Resolution to pledge TIF revenues for the Riverwalk project SPECIFICS: The Commission will consider 2 resolutions that, if adopted, would finalize the establishment of the Riverwalk Allocation and pledge TIF revenues from the new allocation area in support of the transformative Riverwalk project. The project will consist of 2 new multi-family residential buildings (approximately 291 total apartments) and a parking garage with approximately 398 spaces. The City is considering the issuance of Taxable Economic Development Tax Increment Revenue Bonds, Series 2025, and a portion of the net proceeds of such bonds would be used for the purpose of financing a portion of the costs of the project. The bonds would be purchased by J.C. Hart Company, Inc. (the “Developer”). Resolution No. 3629, if adopted, would confirm the Commission’s Declaratory Resolution No. 3627, adopted on 1/9/25, which would amend the River West Development Area and would create the new Riverwalk Allocation Area. The amendment to the River West Development Area and the creation of the new Riverwalk Allocation Area were also approved by the South Bend Plan Commission on 1/21/25 and the Common Council on 2/10/25. Prior to consideration of Resolution No. 3629, the Commission will hold a public hearing. Resolution No. 3630, if adopted, would pledge TIF revenues from the Riverwalk Allocation Area to the Developer in support of the project. The Commission entered into a Development Agreement with the Developer on 1/9/25, which established that the support provided by the Commission to the Developer will be in the form of Pledged TIF Revenue. This Pledged TIF Revenue—90% of the TIF revenue over the life of the bond, if issued— would be used by the Developer to pay the principal and interest on the bonds. Moreover, this resolution would pledge additional 6% of TIF revenues until such additional revenue equals $1.342 million. As stated in Declaratory Resolution No. 3627, the full development of the Riverwalk Allocation Area with the improvements discussed above would not proceed as planned without the contribution of tax increment revenues to be derived from the Riverwalk Allocation Area to the Riverwalk project. _________________________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 : 2/25/25 FROM: Erik Glavich, Director, Growth & Opportunity SUBJECT: Public Hearing Resolution No. 3629 (Confirming Resolution) Resolution No. 3630 (J.C. Hart TIF Pledge) 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: Public hearing and resolution to confirm the establishment of the Riverwalk Allocation Area; Resolution to pledge TIF revenues for the Riverwalk project SPECIFICS: The Commission will consider 2 resolutions that, if adopted, would finalize the establishment of the Riverwalk Allocation and pledge TIF revenues from the new allocation area in support of the transformative Riverwalk project. The project will consist of 2 new multi-family residential buildings (approximately 291 total apartments) and a parking garage with approximately 398 spaces. The City is considering the issuance of Taxable Economic Development Tax Increment Revenue Bonds, Series 2025, and a portion of the net proceeds of such bonds would be used for the purpose of financing a portion of the costs of the project. The bonds would be purchased by J.C. Hart Company, Inc. (the “Developer”). Resolution No. 3629, if adopted, would confirm the Commission’s Declaratory Resolution No. 3627, adopted on 1/9/25, which would amend the River West Development Area and would create the new Riverwalk Allocation Area. The amendment to the River West Development Area and the creation of the new Riverwalk Allocation Area were also approved by the South Bend Plan Commission on 1/21/25 and the Common Council on 2/10/25. Prior to consideration of Resolution No. 3629, the Commission will hold a public hearing. Resolution No. 3630, if adopted, would pledge TIF revenues from the Riverwalk Allocation Area to the Developer in support of the project. The Commission entered into a Development Agreement with the Developer on 1/9/25, which established that the support provided by the Commission to the Developer will be in the form of Pledged TIF Revenue. This Pledged TIF Revenue—90% of the TIF revenue over the life of the bond, if issued— would be used by the Developer to pay the principal and interest on the bonds. Moreover, this resolution would pledge additional 6% of TIF revenues until such additional revenue equals $1.342 million. As stated in Declaratory Resolution No. 3627, the full development of the Riverwalk Allocation Area with the improvements discussed above would not proceed as planned without the contribution of tax increment revenues to be derived from the Riverwalk Allocation Area to the Riverwalk project. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION RESOLUTION NO. 3629 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION CONFIRMING A DECLARATORY RESOLUTION 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 “Redevelopment District”), exists and operates under the provisions of 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 Area (the “Original Plan”); and WHEREAS, the Commission on January 9, 2025, approved and adopted its Resolution No. 3627 entitled “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” (the “Amending Declaratory Resolution”), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Commission and the Original Plan previously approved by the Commission for the purpose of designating an area, presently part of the Allocation Area and described at Exhibit A to the Amending Declaratory Resolution, 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 adopting a supplement to the Original Plan attached as Exhibit B to the Amending Declaratory Resolution; and WHEREAS, the South Bend Plan Commission, on January 21, 2025, approved and adopted its resolution (the “Plan Commission Order”) determining that the Amending Declaratory Resolution and the Original Plan, as amended by the Amending Declaratory Resolution (as amended, the “Plan”), conform to the plan of development for the City and approved the Amending Declaratory Resolution and the Plan; and WHEREAS, pursuant to Section 16 of the Act, the Common Council of the City (the “Common Council”), on February 10, 2025, adopted Resolution No. 5118-25 which approved the Amending Declaratory Resolution, the Plan and the Plan Commission Order; and WHEREAS, the Commission has received the written orders of approval as required by Section 17(a) of the Act; and 2 WHEREAS, the Commission caused to be published and delivered the notices required by Section 17 and 17.5 of the Act, concerning the Amending Declaratory Resolution and the Plan; and WHEREAS, at the hearing (the “Public Hearing”) held by the Commission on February 27, 2025 Commission heard all persons interested in the proceedings and received ____ written remonstrances that had been filed and considered those written remonstrances that were filed, if any, and all evidence presented; and WHEREAS, the Commission now desires to take final action determining the public utility and benefit of the Plan, as amended, and the proposed development activities for the Riverwalk Allocation Area, approving the Plan, and confirming the Amending Declaratory Resolution, in accordance with Section 17 and Section 17.5 of the Act; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, as follows: 1. After considering the evidence presented at the Public Hearing, the Commission hereby confirms the findings and determinations, designations and approving and adopting actions contained in the Amending Declaratory Resolution. 2. After considering the evidence presented at the Public Hearing, the Commission hereby finds and determines that it will be of public utility and benefit to proceed with the proposed activities set forth in the Plan, as amended, and the Plan, as amended, is hereby approved in all respects. 3. The Amending Declaratory Resolution is hereby confirmed. 4. This Resolution constitutes final action, pursuant to Section 17(d) of the Act, by the Commission determining the public utility and benefit of the Plan, as amended, and the proposed activities and confirming the Amending Declaratory Resolution pertaining to the Area. 5. The Secretary of the Commission is directed to record and file the final action taken by the Commission pursuant to the requirements of Section 17(d) of the Act. 6. This resolution shall take effect immediately upon its adoption by the Commission. 3 ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 27th day of February, 2025. SOUTH BEND REDEVELOPMENT COMMISSION Troy Warner, President ATTEST: Eli Wax, Secretary EXHIBIT A AMENDING DECLARATORY RESOLUTION NO. 3627 (See attached) DMS 46302859 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. -4 - 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: Vice President 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 : 2/25/25 FROM: Erik Glavich, Director, Growth & Opportunity SUBJECT: Public Hearing Resolution No. 3629 (Confirming Resolution) Resolution No. 3630 (J.C. Hart TIF Pledge) 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: Public hearing and resolution to confirm the establishment of the Riverwalk Allocation Area; Resolution to pledge TIF revenues for the Riverwalk project SPECIFICS: The Commission will consider 2 resolutions that, if adopted, would finalize the establishment of the Riverwalk Allocation and pledge TIF revenues from the new allocation area in support of the transformative Riverwalk project. The project will consist of 2 new multi-family residential buildings (approximately 291 total apartments) and a parking garage with approximately 398 spaces. The City is considering the issuance of Taxable Economic Development Tax Increment Revenue Bonds, Series 2025, and a portion of the net proceeds of such bonds would be used for the purpose of financing a portion of the costs of the project. The bonds would be purchased by J.C. Hart Company, Inc. (the “Developer”). Resolution No. 3629, if adopted, would confirm the Commission’s Declaratory Resolution No. 3627, adopted on 1/9/25, which would amend the River West Development Area and would create the new Riverwalk Allocation Area. The amendment to the River West Development Area and the creation of the new Riverwalk Allocation Area were also approved by the South Bend Plan Commission on 1/21/25 and the Common Council on 2/10/25. Prior to consideration of Resolution No. 3629, the Commission will hold a public hearing. Resolution No. 3630, if adopted, would pledge TIF revenues from the Riverwalk Allocation Area to the Developer in support of the project. The Commission entered into a Development Agreement with the Developer on 1/9/25, which established that the support provided by the Commission to the Developer will be in the form of Pledged TIF Revenue. This Pledged TIF Revenue—90% of the TIF revenue over the life of the bond, if issued— would be used by the Developer to pay the principal and interest on the bonds. Moreover, this resolution would pledge additional 6% of TIF revenues until such additional revenue equals $1.342 million. As stated in Declaratory Resolution No. 3627, the full development of the Riverwalk Allocation Area with the improvements discussed above would not proceed as planned without the contribution of tax increment revenues to be derived from the Riverwalk Allocation Area to the Riverwalk project. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION RESOLUTION NO. 3630 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION PLEDGING CERTAIN TAX INCREMENT REVENUES TO THE PAYMENT OF CERTAIN TAXABLE ECONOMIC DEVELOPMENT TAX INCREMENT REVENUE BONDS OF THE CITY OF SOUTH BEND FOR THE J.C. HART DEVELOPMENT PROJECT 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 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 an economic development plan for the Area (the “Plan”); and WHEREAS, the Commission on January 9, 2025, approved and adopted its Resolution No. 3627 for the purpose of making additional amendments to the Area and the Plan including to designate a portion of the Allocation Area as a separate allocation area pursuant to Section 39 of the Act to be known as the Riverwalk Allocation Area (“Riverwalk Allocation Area”) for purposes of capturing ad valorem property taxes levied and collected on all taxable real property from the incremental assessed value located in the Riverwalk Allocation Area (such tax increment revenues, including any future tax increment revenues generated as a result of the redesignation of the Riverwalk Allocation Area, the “Riverwalk Allocation Area TIF Revenues”); and WHEREAS, the Commission and J.C. Hart Company, Inc. (the “Company”), have entered into a Development Agreement, dated as of January 9, 2025 (the “Development Agreement”), whereby the Company agreed that the Company, or an affiliate thereof will undertake the development and construction of 2 buildings housing approximately 291 apartments and an approximately 398-space structured garage to be located in Riverwalk Allocation Area (the “Project”); and WHEREAS, the City is considering the issuance of its City of South Bend, Indiana, Taxable Economic Development Tax Increment Revenue Bonds, Series 2025 (J.C. Hart Development Project), in a maximum aggregate principal amount not exceeding $17,000,000 (the “Bonds”), a portion of the net proceeds of such Bonds to be used for the purpose of financing a portion of the costs of the Project; and WHEREAS, the Commission desires to pledge a portion of the Riverwalk Allocation Area TIF Revenues consisting of: (i) ninety percent (90%) of the Riverwalk Allocation Area TIF Revenues (the “90% Pledge Revenues”), and (ii) an additional annual amount equal to six percent 2 (6.0%) of the Riverwalk Allocation Area TIF Revenues (the “6% Pledge Revenues”) until such time as the aggregate of such additional annual amounts equals $1,342,000 (the “6% Pledge Amount”), following which the only amount of the Riverwalk Allocation Area TIF Revenues pledged shall be the 90% Pledge Revenues (clauses (i) and (ii), collectively, the “Pledged TIF Revenues”) to the payment of the principal of and interest on the Bonds; and WHEREAS, the Commission has determined that the undertaking of the Project, the issuance of the Bonds by the City and the pledge of the Pledged TIF Revenues in the manner set forth herein will further the purposes of the Declaratory Resolution and the Plan, each as amended; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, as follows: 1. The Commission hereby pledges the Pledged TIF Revenues to the payment of the principal of and interest on the Bonds as follows: (i) the 90% Pledge Revenues are pledged for a term of years not less than the term of the Bonds and (ii) the 6% Pledge Revenues are pledged until such time as the aggregate amount of such additional annual amounts of Riverwalk Allocation Area TIF Revenues equals the 6% Pledge Amount. 2. The pledge of the Pledged TIF Revenues made herein shall be effective as set forth in I.C. 5-1-14-4 without the recording of this Resolution other than in the records of the Commission or the filing of any other instrument. Notwithstanding the foregoing, in the event that the Pledged TIF Revenues are in excess of the amount necessary to make scheduled principal and interest payments on the Bonds when due and to pay any outstanding amounts due and owing on the Bonds due to shortfalls in Pledged TIF Revenues in previous years (the “Excess TIF Revenues”), the Commission shall retain and apply such Excess TIF Revenues solely to the payment of the principal of and interest on the Bonds when due or, at the option of the Commission in accordance with the terms of the Bonds, to redeem a portion of the outstanding Bonds. Notwithstanding anything herein to the contrary, at such time as the aggregate amount of the additional annual amounts of the 6% Pledge Revenues equals the 6% Pledge Amount, the 6% Pledge Revenues shall no longer be pledged hereunder and the Commission shall retain the 6% Pledge Revenues received by the Commission and may use the 6% Pledge Revenues for any purpose under the Act. 3. The President and Secretary of the Commission are hereby authorized and directed to enter into a pledge agreement on behalf of the Commission (the “Pledge Agreement”) providing that the Pledged TIF Revenues are pledged as described herein and containing such other terms consistent with this Resolution to evidence the intent of the Commission to secure the Bonds solely with the Pledged TIF Revenues as described herein. 4. Any officer of the Commission is hereby authorized to take such further actions and execute on behalf of the Commission such further documents or agreements as any such officer deems necessary or appropriate to effectuate the purposes of this Resolution. 5. This Resolution shall be deemed to take effect immediately upon adoption by the Commission. The provisions of this Resolution shall constitute a contract binding between the Commission and the holder or holders of the Bonds and after the issuance of said Bonds, this 3 Resolution shall not be repealed or amended in any respect which would adversely affect the right of such holder or holders of said Bonds. ******* 4 ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 27th day of February, 2025. SOUTH BEND REDEVELOPMENT COMMISSION By: Troy Warner, President ATTEST: Eli Wax, Secretary DMS 46303620 RESOLUTION NO. 3628 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING A REVISED SCHEDULE OF REGULAR MEETING TIMES FOR CALENDAR YEAR 2025 WHEREAS, pursuant to Ind. Code § 36-7-14, the South Bend Redevelopment Commission ("Commission") is the governing body of the City of South Bend Department of Redevelopment; and WHEREAS, on December 12, 2024, the Commission approved its Resolution No. 3621, adopting a schedule of regular meeting dates for calendar year 2025; and WHEREAS, the Commission has since become aware of scheduling conflicts for a few of its regular meeting dates as it pertains to the room location of the meeting; and WHEREAS, the Commission desires to adopt and approve a revised meeting schedule for the calendar year 2025, which will specify the dates that its regular meetings will take place in a different room within the County-City Building. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1. The Commission approves and adopts as its regular meeting schedule for calendar year 2025 the meeting dates, times, and locations stated in the schedule attached hereto as Exhibit A. 2. Unless otherwise specified in Exhibit A, or separately announced, regular meetings shall be held without further notice at 9:30 a.m., local time, at the Board of Public Works Meeting Room, 1308 County-City Building, 227 West Jefferson Street, South Bend, Indiana 46601 and virtually via Microsoft Teams. 3. This Resolution supersedes Resolution No. 3621 and shall be in full force and effect after its adoption by the South Bend Redevelopment Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on February 27, 2025. SOUTH BEND REDELOPMENT COMMISSION ___________________________ Troy Warner, President ATTEST: _______________________ Eli Wax, S ecretary Resolution No. 3628 Exhibit A 2025 Meeting Schedule Except where indicated below, the South Bend Redevelopment Commission will hold its regular meetings on the 2nd and 4th Thursdays of each month at 9:30 a.m. in the Board of Public Works Conference Room, 227 W. Jefferson Blvd., Room 1308, South Bend, Indiana 46601. Each meeting will also be broadcast virtually via Microsoft Teams at the following links: 2nd Thursdays: https://tinyurl.com/RDC-2025-2T 4th Thursdays: https://tinyurl.com/RDC-2025-4T Date Time Notes January 9 January 23 9:30 a.m. 9:30 a.m. Room Location Change * February 13 February 27 9:30 a.m. 9:30 a.m. March 13 March 27 9:30 a.m. 9:30 a.m. April 10 April 24 9:30 a.m. 9:30 a.m. May 8 May 22 9:30 a.m. 9:30 a.m. Room Location Change * Room Location Change * June 12 June 26 9:30 a.m. 9:30 a.m. July 10 July 24 9:30 a.m. 9:30 a.m. August 14 August 28 9:30 a.m. 9:30 a.m. September 11 September 25 9:30 a.m. 9:30 a.m. October 9 October 23 9:30 a.m. 9:30 a.m. Room Location Change * Room Location Change * November 13 November 24 9:30 a.m. 9:30 a.m. This date is the Monday prior to Thanksgiving December 11 December 22 9:30 a.m. 9:30 a.m. This date is the Monday prior to the Christmas Holiday * Meeting will be held in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request when possible.