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Home My WebLink AboutRedevelopment Commission Agenda & Packet 03.13.25 - RevisedSouth Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Agenda Regular Meeting, March 13, 2025 – 9:30 a.m. BPW Conference Room 13th Floor or https://tinyurl.com/RDC-2025-2T 1.Roll Call 2.Approval of Minutes A.Minutes of the Regular Meeting of February 27, 2025 B.Amended Minutes of the Regular Meeting of January 9, 2025 3.Approval of Claims A.None 4.Old Business A.None 5.New Business A.River West Development Area 1.First Amendment Economic Development Agreement (JC Hart) 2. Agreement to Suspend and Release Easement (River Glen) 3. Resolution No. 3631 Accepting Transfer of Real Property from BPW (Colfax Utilities Building) B.South Side Development Area 1.Budget Request (Design of O’Brien Splash Pad & Restroom) 2.Budget Request (Marshall Park) C.West Washington Development Area 1.Budget Request (Former SB Range Demolition & Site Cleanup) 6.Progress Reports A.Tax Abatement B.Common Council C.Other 1.Amended Memo for Resolution No. 3626 7.Next Commission Meeting Thursday, March 27, 2025, 9:30 a.m. BPW Conference Room 13th Floor CITY OF SOUTH BEND REDEVELOPMENT COMMISSION SOUTH BEND REDEVELOPMENT COMMISSION MINUTES February 27, 2025, 2025, at 9:30 a.m. BPW Conference Room, 13th Floor, County-City Building https://tinyurl.com/RDC-2025-4T The South Bend Redevelopment Commission was called to order at 9:33 a.m. President Troy Warner presiding. 1. ROLL CALL Members Present: Troy Warner, President David Relos, Vice President Eli Wax, Secretary Gillian Shaw, Commissioner Ophelia Gooden-Rodgers, Commissioner Marcus Ellison, Member At-Large Legal Staff: Sandra Kennedy, Corporation Council - Virtual Danielle Campbell Weiss, Senior Asst. City Attorney Redevelopment Staff: Sarah Schaefer, Deputy Director, DCI Erik Glavich, Director of Growth and Opportunity, DCI Joseph Molnar, Asst. Dir. of Growth and Opp., DCI Laura Hensley, Board Secretary, DCI Others Present: Zach Hurst, Senior Engineer Canneth Lee, Councilman Tina Patton, 707 Sherman Ave. Matt Barrett, 110 S. Niles Ave. Matthew Neal, Deputy City Clerk Chandler Sturgis, J.C. Hart Company, Inc.- Virtual Tom Everett, Barnes & Thornburg LLP CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 27, 2025 2 2. Appointment of Commissioners A. Ophelia Gooden-Rodgers – Council Appointee B. Eli Wax – Mayoral Appointee C. Marcus Ellison – South Bend School Board Member At-Large Matthew Neal, Deputy City Clerk, completed the swearing in of three (3) Commissioners. President Warner welcomed and introduced the new members and explained that Secretary Wax will be shifting into the Mayoral appointed position. 3. Approval of Minutes A. Approval of Minutes of the Regular Meeting of Thursday, February 13, 2025 Upon a motion by Eli Wax for approval, second by David Relos, the motion carried unanimously with Ophelia and Marcus abstaining from the vote; the Commission approved the minutes of the regular meeting of February 13, 2025. 4. Approval of Claims A. Claims Allowances February 11, 2025 Upon a motion by David Relos for approval, second by Eli Wax, the motion carried unanimously; the Commission approved the claims allowances of February 11, 2025. B. Claims Allowances February 18, 2025 Commissioner Gillian Shaw asked about the status of the Byer’s Softball Complex renovations and Joseph Molnar stated that we will give an update at the next meeting. Upon a motion by David Relos for approval, second by Eli Wax, the motion carried unanimously; the Commission approved the claims allowances of February 18, 2025. 5. Old Business A. None 6. New Business A. River West Development Area CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 27, 2025 3 1. Public Hearing Regarding Further Amendment of River West Development Area for the Purpose of Establishing a New Allocation Area (Riverwalk Allocation Area) Erik Glavich, Director of Growth and Opportunity, presented items 6A1- 3. Mr. Glavich explained that this is nearly the last stage of establishing the new allocation area for the Riverwalk residential development. He reviewed the scope of the project for the new members of the Commission. Mr. Glavich gave a summary of the development agreement, which is a project-based tax-exempt financing development agreement with developers J.C. Hart Company Inc. Mr. Glavich explained the agreement is for transformative residential housing for two (2) multi-family residential buildings (291 total apartments) and a 398-space parking garage. A minimum $61.5 million in private investment is required per the agreement with City funding some infrastructure improvements (i.e.new street; utilities) through the $5.64 million READI 2.0 award on the west bank of the St. Joseph River. He stated that the Crowe headquarters would remain, however, the southern building would be demolished. Mr. Glavich explained that, what is being asked today is to confirm the process for establishing a new allocation area that will allow incremental tax revenue to be directed in support of the project. He also presented renderings of the project area. Mr. Glavich stated that it’s going to be an urban, walkable area, restoring the street network, providing amenities to not just the residents who will be living there but all of the connecting areas as well. Mr. Glavich stated that private investment commitment is $61.5 million minimum, a developer-purchase bond issuance that generates an estimated $14.845 million in gross proceeds, with $11.925 million in net proceeds after funding bond issuance costs and capitalized interest. 90% of incremental revenue pledged to debt service and an estimated total principal and interest of $29.7 million over a 25-year term. An additional 6% incremental revenue up to $1.342 million (then reverts to 90%). Mr. Glavich explained the timeline, starting with the approvals now, leading into J.C. Hart closing on the property, mid-year closing on the bonds and the City addressing the utilities. Third and fourth quarters of the year, developer construction with a 30-month construction timeline completed by the end of 2028. Mr. Glavich stated that the Commission will be considering the first Resolution No. 3629. If this resolution were to be adopted and approved by the Redevelopment Commission, it would confirm the resolution adopted on January 9th that established the new allocation area out of the River West development area. The second Resolution CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 27, 2025 4 No. 3630 that the RDC is asked to consider is called the TIF pledge and is aligned with the development agreement. Commissioner Gooden-Rodgers asked about the rendering of the complex and Chandler Sturgis with J. C. Hart Company stated that it is an accurate picture from their architect. President Warner asked about the timeline of the project an Mr. Sturgis stated that it’s contingent upon the City completing the utility work underneath the site and then the real construction can start and would take approximately 30 months. He explained that the parking garage would take 12 months, and the E- shaped building would take approximately 20 months to complete. Mr. Sturgis also wanted to add that the company has been in business since 1976, has won many architectural awards and currently has over 7,000 units in Indiana and Ohio. President Warner also stated that the RDC owns three buildings to the South of this site and hopes in the future to develop that into housing, commercial or restaurants. Secretary Wax asked what happens if there is an excess of 90% of the TIF revenues in the next 20 years. Tom Everett, Barnes & Thornburg LLP explained that the City can use those to redeem the bonds early and then with respect to the 4% that is retained by the Commission, which will then become 10% after that 6% drops that can be used by the Redevelopment Commission for any purposes under the redevelopment statute and would stay in the allocation area. Mr. Everett also clarified that the bonds are anticipated to run the full period of the 25-year allocation area under the development agreement and that will be how the bonds are structured. Secretary Wax also asked if the City has any ideas for future plans in the area and Mr. Glavich stated that the City did not. Secretary Wax also asked if the City has any plans to redevelop the rest of the riverwalk itself and Sarah Schaefer, Deputy Director of Community Investment, stated that we do have some initial designs and plans but have not secured the funding yet, however, some of the potential excess could go to that. Commissioner Shaw reiterated, $5 million from the READI 2.0 grant will finance the utility relocation, $61.5 million is J. C. Harts obligation per the development agreement and the City will use $1.3 million for the wrapped parking garage, and the RDC would not be at risk. Vice President Relos asked what the next steps are, and Mr. Molnar explained that the Resolution would be recorded with the County, filed with the Department of Local Government Finance 2025 (DLGF) and the assessed value would be from this past January 1. In January of 2026, the assessed value will be re-assessed after demolition and the same process will again take place. A notice was published in the South Bend Tribune on February 14, 2025, regarding the public hearing to consider further the Amendment CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 27, 2025 5 of River West Development Area for the Purpose of Establishing a New Allocation Area (Riverwalk Allocation Area). A Public Hearing regarding the further Amendment of River West Development Area for the Purpose of Establishing a New Allocation Area (Riverwalk Allocation Area) was opened to the public for comments and considerations. Danielle Campbell Weiss, Senior Asst. City Attorney, noted that there were no written remonstrative’s received. No comments were made from the public. The Public Hearing was closed. 2. Confirming Resolution No. 3629 (Riverwalk Allocation Area) Upon a motion by David Relos for approval, second by Eli Wax, the motion carried unanimously; the Commission approved Resolution No. 3629 as presented on February 27, 2025. 3. Resolution No. 3630 Pledging Tax Increment (J.C. Hart) Upon a motion by Eli Wax for approval, second by Gillian Shaw, the motion carried unanimously; the Commission approved Resolution No. 3630 as presented on February 27, 2025. B. Administrative 1. Resolution No. 3628 (Revised 2025 RDC Meeting Schedule) Danielle Campbell Weiss, Senior Assistant City Attorney, presented the revised 2025 RDC meeting schedule explained that sometimes our meetings run long and interfere with the Board of Public Works public meeting so, our May and October meetings have been moved to the Council Chambers on the 4th floor also noted on the new schedule. Upon a motion by Eli Wax for approval, seconded by David Relos, the motion carried unanimously; the Commission approved Resolution No. 3628 as presented on February 27, 2025. 2. Update on YMCA Demolition Joseph Molnar, Assistant Director of Growth and Opportunity, wanted to get all of the Commissioners up to speed on the former YMCA demolition process. He stated that in April of 2024, the RDC entered into an agreement with the YMCA to donate 7 parcels to the City and the YMCA committed to open a health and fitness center in the Leighton Health Plex reusing and updating the former Beacon Health and Lifestyle Center. Mr. Molnar stated that they have been a great CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 27, 2025 6 partner and will be coming to provide an update in person soon. After the RDC took ownership in August of 2024, there were many points of entry, and the building was difficult to secure. In the Fall of 2024, funding was approved for the demolition of the building and Mr. Molnar shared photos of the cleared site and stated that nearby neighbors are happy with the project. He also stated that the project came in slightly under budget and all excess funds will be returned to the River East TIF fund. The next steps will be in the Spring of 2025, the property will be up for sale and go through the disposition process per state law at the assessed value and if no minimum bids are received, City staff will proceed with a request for proposals in the Summer of 2025. Vice President Relos asked if we have received inquiries and Mr. Molnar stated yes. Secretary Wax asked if the RDC is obligated to take the highest bid and Mr. Molnar explained that staff can make recommendations as well as reject all bids. He explained that he is hopeful that this will be a very attractive site for developers since it’s located on the river and there are many draws to this area. Sarah Schaefer, Deputy Director of Community Investment, also wanted to thank Zach Hurst, Senior Engineer, for his leadership and hard work with all of the unique difficulties with this challenging project. Secretary Wax also thanked everyone from the City for the exciting progress in this entire area. 7. Progress Reports A. Tax Abatement Erik Glavich, Director of Growth and Opportunity, stated The Common Council approved 3 declaratory resolutions for tax abatements, two concerned the Inwood’s building at 425 S. Michigan St. that has been vacant for 25 years and needs care. Penny Hill Homes, a female owned company purchased the building. The first was a vacant building which abates existing taxes over the next two years as well as a 10-year real property tax abatement that would abate the new incrementally assessed value of the building. The Council also approved a 7-year abatement for the new headquarters for HRP Construction, which are consolidating their operations to a new campus within the City limits in South Bend on the far West side which has been annexed to expand their services and will hire six (6) new employees. President Warner stated that these three (3) resolutions total $8-10 million in private investment. Mr. Glavich also stated that he will present to the Common Council the ordinance for the issuance of the bonds for the River Walk project on March 10th. B. Common Council CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 27, 2025 7 C. Other 8. Next Commission Meeting Thursday, March 13, 2025, 9:30 a.m. BPW Conference Room 13th Floor 9. Adjournment Thursday, February 27, 10:23 a.m. ______________________________ ______________________________ Eli Wax, Secretary Troy Warner, President CITY OF SOUTH BEND REDEVELOPMENT COMMISSION SOUTH BEND REDEVELOPMENT COMMISSION MINUTES January 9, 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 9:32 a.m. President Troy Warner presiding. 1. ROLL CALL Members Present: Troy Warner, President David Relos, Vice President Eli Wax, Commissioner Gillian Shaw, Commissioner Leslie Wesley, Member At-Large Members Absent: Vivian Sallie, Secretary 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 Erik Glavich, Director of Growth and Opportunity, DCI Rosa Tomas, Director of Finance - Virtual Joseph Molnar, Asst. Dir. of Growth and Opp., DCI Erin Michaels, Property Development Manager - Virtual Michael Divita, Principal Planner - Virtual Laura Hensley, Board Secretary, DCI Others Present: Ophelia Gooden-Rodgers, Councilwoman Greg Swiercz, SB Tribune Chandler Sturgis, J.C. Hart Company, Inc. Randy, Rompola, Barnes & Thornburg LLP CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 2 Matt Eckerle, Baker Tilly - Virtual Matt Barrett, 110 S. Niles Ave. Tina Patton, Cross Community Mark Peterson, WSBT News 2. 2025 Election of Officers A. Approval of 2025 Redevelopment Commission Board Upon a motion by Eli Wax for approval, second by Gillian Shaw, the motion carried unanimously; the Commission approved the Officers of the 2025 Redevelopment Commission. 3. Approval of Minutes A. Approval of Minutes of the Regular Meeting of Thursday, December 12, 2024 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 December 12, 2024. 4. Approval of Claims A. Claims Allowances December 10, 2024 Commissioner Wax asked about the progress of Drewry’s site and Joseph Molnar, Assistant Director of Growth and Opportunity, stated that Phase II is wrapping up and Phase III will commence this summer. Commissioner Wax also asked about the progress on the YMCA demolition project and Mr. Molnar stated that 2/3 of the building is down. President Warner also stated that it will be going to Council for rezoning at the end of the month. Upon a motion by David Relos for approval second by Eli Wax, the motion carried unanimously; the Commission approved the claims allowances of December 10, 2024. B. Claims Allowances December 31, 2024 Upon a motion by David Relos for approval second by Eli Wax, the motion carried unanimously; the Commission approved the claims allowances of December 31, 2024. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 3 5.Old Business A.None 6.New Business A.River West Development Area 1.Resolution No. 3626 Approving Development Agreement (J.C. Hart Company) Caleb Bauer, Executive Director of Community Investment, presented items 6A1 and 6A2 together. This Resolution approving the Development Agreement for J.C Hart Company, Inc., supporting the redevelopment project in the Riverwalk Allocation Area. Mr. Bauer stated that this is a project-based tax-exempt financing development agreement with developers J.C. Hart Company Inc. Mr. Bauer explained the agreement is for transformative residential housing for two (2) multi-family residential buildings (291 total apartments) and a 398-space parking garage. A minimum $61.5 million in private investment with City funds infrastructure (new street; utilities) through $5.64 million READI 2.0 award on the west bank of the St. Joseph river. He stated that the Crowe headquarters would remain, however, the southern building would be demolished. Mr. Bauer explained that the apartments would be market rate and gave a breakdown of the units (12 studio units, 156 one-bedroom units, 103 two-bedrooms units, and 20 three-bedroom units) with 398 parking spaces in the garage and 214 surface lot spaces. Mr. Bauer stated that private investment commitment is $61.5 million minimum, a developer-purchase bond issuance that generates an estimated $14.845 million in gross proceeds, with $11.925 million in net proceeds after funding bond issuance costs and capitalized interest. 90% of incremental revenue pledged to debt service and an estimated total principal and interest of $29.7 million over a 20-year term.1 An additional 6%incremental revenue up to $1.342 million (then reverts to 90%). Mr. Bauer explained the timeline for the project starting January-March 2025, Redevelopment Commission, Economic Development Commission & Common Council review, end of March, developer closes on project property, mid-year, close the bond, then infrastructure and developer construction begins, and completion of the project will be then end of 2028. Vice President Relos asked about the additional 6% increment captured and Mr. Bauer stated that the debt service commitments we're proposing today is a self-funded incentive and only using property tax revenues from the development itself to fund this bond issuance. Commissioner Shaw asked about the READI 2.0 award and how it impacts this project. Mr. Bauer explained that it 1 The correct timeframe is a 25-year term. For purposes of clarifying the record, the Redevelopment Commission corrected this misstatement at its March 13, 2025 meeting. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 4 was for the overall Riverfront West area, and this includes this project, and we were awarded $5.6 million, and it is enough for the J.C. Hart project for the street network and utility relocation costs. Chandler Sturgis, with J.C. Hart Company, Inc., explained that there is TIF funding needed at the site with all of the utilities underground and the expense of rerouting them as well as the demolition of the existing building. Mr. Sturgis stated that the parking garage will also factor into the cost. President Warner recapped, we are capturing the increase in taxes that will come from the finalized development and using that then to pay the bond plus then there will be the excess left from that to go towards the parking garage and $1.3 million and then potentially the excess will go into the TIF. Mr. Bauer stated that separately the READI 2.0 award, from the Regional Development Authority, is matched by the increment in the project-based TIFF. Therefore, at this time we're not requesting any appropriation of the River West Development Area tax agreement financing revenues. Commissioner Wax asked how confident the READI 2.0 award will cover the majority of the project needs and Mr. Bauer stated he was confident it would cover the utility relocation. Commissioner Wax also asked about previous J.C. Hart projects and Mr. Sturgis gave the success of Midtown Flats in Carmel, Modan Square and the East Bank in Noblesville as examples. He explained that J. C. Hart has been in business since 1976 and manages over 6000 units in the greater Indianapolis area as well as in Bloomington, West Lafayette and Toledo, Ohio. Commissioner Shaw asked about the use of local contactors and Mr. Sturgis stated that they would act as general contractors and would make the best effort to use local contactors as that is more cost effective. Mr. Randy Rompola with Barnes & Thornburg stated that the Bond is a common financing tool that's used across the state. He stated that the mechanism of financing is a bit unique in the sense that the Redevelopment Commission or the Redevelopment Authority isn't the bond issuer, it's the City of South Bend using the economic development statute. He explained that the Redevelopment Commission pledges the increment from the project to the payment of the debt service. The Common Council will adopt a bond ordinance that will authorize the issuance of the bonds, and the bonds will be issued through the City. The Redevelopment Commission’s role is to first adopt the declaratory resolution designate this project specific allocation area and complete that process. And the second step would be coming later, having a Redevelopment Commission Resolution where you would actually pledge the project increment to pay the debt service on the bonds, and that pledge goes to the payment of the bonds that are being issued by the City. The bond proceeds, then will be sold and the bond proceeds, then will be by the City loan pursuant CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 5 to a loan agreement to the developer. The obligation is for the City to act as a conduit, essentially, the City is not at risk. Mr. Bauer explained that this plays into the broader strategy in the downtown area of adding housing units that will enhance again the viability of retail and restaurants and then bring more full-time employees back into the downtown area from large employers as well as providing housing for all income levels. Matt Barrett asked that residential property does not increase in value and does not affect TIF zones. Mr. Bauer clarified that single family residential only applies to this not apartments which are considered commercial property, but this project would be considered commercial property. Mr. Matt Eckerle, with Baker Tilly stated that apartment complexes are assessed at 2% tax cap rules. Tina Patton asked about how long until the complex should be fully occupied, and Mr. Sturgis stated that there are many variables however, roughly 42 months from the Summer of 2025. Ms. Julie Morgan via Teams chat asked if there would be handicapped accessible units planned and Mr. Sturgis stated per building codes there would be 4 ground units and possibly more with the elevator. Commissioner Relos asked about the progress of the survey and Mr. Bauer stated the survey is on-going. Upon a motion by Eli Wax for approval, seconded by David Relos, the motion carried unanimously; the Commission approved Resolution No. 3626 as presented on January 9, 2025. 2.Resolution No. 3627 Establishing New Allocation Area (J.C. Hart Company) Upon a motion by Eli Wax for approval, seconded by David Relos, the motion carried unanimously; the Commission approved Resolution No. 3627 as presented on January 9, 2025. 3.Bid Specifications for Disposition of Property (808 S. Lafayette Blvd.) Joseph Molnar, Assistant Director of Growth and Opportunity, presented together Items 6A3, 6A4 and 6A5. The Bid Specifications & Design Considerations, Notice of Intended Disposition, and Resolution No. 3625 to begin the Disposition process for the property at 808 S. Lafayette Blvd. have already been through the disposition process and are tabled. Upon a motion by Eli Wax to table Items 6A3, 6A4 and 6A5, seconded by Troy Warner, the motion carried unanimously; the Commission tabled Items 6A3, 6A4 and 6A5 on January 9, 2025. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 6 4.Notice of Intended Disposition of Property (808 S. Lafayette Blvd.) 5.Resolution No. 3625 for Disposition of Property (808 S. Lafayette Blvd.) 6. Approval of Request for Proposal (Main Street Housing) Joseph Molnar, Assistant Director of Growth and Opportunity, presented this Request for Proposals for a long-term lease of the land located adjacent to the Morris Performing Arts Center to enhance the phase III parking garage with 60–90-unit housing development. Mr. Molnar stated that the RFP sets the project requirements, submission requirements, evaluation criteria, process for evaluation and timeline and proposed two options for developers to use. In one option the parking garage would go on top of the apartments and the other option they are distinctly separated. He also shared the timeline. President Warner asked about height requirements and Mr. Molnar stated that the downtown zoning ordinance is a 12-story limit. Vice President Relos asked about the Hoffman parcel and Mr. Molnar stated the RDC took ownership of that last year in an option to purchase agreement. President Warner suggested an open house to publicize the RFP as well as the standard advising that is required. Commissioner Wax asked about who would operate the garage. Mr. Bauer explained that the intent of the goals of the Raclin Murphy Encore Center is to have a parking structure connected to the Morris and as the costs increased, we needed a better option to find a developer that could capture that increment similar to the Eddy Street Commons garage. Ophelia Gooden-Rodgers, Councilwoman shared reservations with the request. Leslie Wesley, Member At-Large, asked where the production trucks would access the Morris and Mr. Bauer showed the rendering with the larger garage opening that would accommodate large trucks for the loading dock. Ms. Wesley asked about affordable housing options in these most recent proposals. Mr. Bauer explained that the Madison Lifestyle District project is going to be rented between 80 and 120% of area medium income, which is at a workforce housing level versus the J.C. Hart project on the riverfront for higher income levels. He stated that affordable housing requires a combination of federal, state and local subsidy. We've had great success with the local low- income housing tax credit awards with affordable housing being developed east of Four Winds Field at Diamond View, the corner of Michigan and Monroe, the Monreaux, which is the Devereaux Peters’ project as part of the READI awards and part of the Lilly Endowment gift aid awards. The Rabbi Shulman block, and through the combined awards is about $18 million that's been awarded to that redevelopment project of affordable housing. He explained that the findings of the CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 7 Kinder Institute report are that there is need for housing supply at different income levels. Ms. Wesley asked if this information is accessible on the website. Commissioner Wax reiterated that the RDC is aggressively and trying to rebuild South Bend both on the business side, but especially on the housing side to prevent providing opportunities literally across the spectrum from very affordable to the middle all the way to the top. Upon a motion by Eli Wax for approval, seconded by Gillian Shaw, the motion carried unanimously; the Commission approved the Request for Proposal as presented on January 9, 2025. 7. Budget Request (Improvements to RDC Owned Properties) Joseph Molnar, Assistant Director of Growth and Opportunity, presented this Budget Request for $100,000 to provide funds for improvements at the Leighton Building, Union Station downtown, the Main/Wayne Parking Garage, and the Portage Elwood Shopping Center with active tenants. Councilwoman Gooden-Rodgers, asked about specifics regarding improvements. Mr. Molnar shared it’s for things like new fire suppression systems that we have are no longer sufficient or up-to-code, and other improvements to the properties. 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 January 9, 2025. 8. Fund Appropriation (Affordable HomeMatters Lincoln Park) Sarah Schaefer, Deputy Director of Community Investment, presented this Fund Appropriation for $1.25 million for the second year of the EDC statute forgivable loan to Affordable HomeMatters to build new housing in Lincoln Park. The request is for 92 new construction, single family homes in Lincoln Park with an expected completion date of December 2029. Ms. Schaefer explained that the appropriation is for 2025 and we're not giving this to the organizations right away. They would have to still make the request to us for the funds, but as the funding and reimbursement agreement says, the Commission considers appropriations on an annual basis for this loan. They have to submit an annual allocation plan to us before we approve their draw, they explain what they're planning to do in the coming year with the funding and what they've done in the past year. The progress to date on the Lincoln Park project, is they've done pre-development for 10 of the 92 lots, poured 5 foundations, hosted a meet-and-greet with local contractors and help “homeownership 101 series” to build potential buyers. Commissioner Wax asked if City staff was happy with the CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 8 progress and Ms. Schaefer stated that we are on pace and there has been discussion regarding design however, they are easy to work with and we are engaging local partners such as the South Bend Heritage Foundation and Habitat for Humanity as well. Upon a motion by Eli Wax for approval, seconded by David Relos, the motion carried unanimously; the Commission approved the Fund Appropriation as presented on January 9, 2025. B. South Side Development Area 1. 2025 Fund Appropriation (466 Works Loan) Sarah Schaefer, Deputy Director of Community Investment, presented this Fund Appropriation for $1,160,000 million for the second year of the EDC statute forgivable loan to 466 Works to build new housing on the South side. The request is for 30 new construction, single family homes with an expected completion date of December 2027. Ms. Schaefer explained that this is the same forgivable loan approved last June under a $9 million project with $3.5 million from TIF. The difference is rather than a maximum per year appropriation, it's a maximum subsidy of $116,000 per house and expect to build 10 new homes in 2025 with the same draw process as Lincoln Park. Commissioner Wax asked about how to get to the $116 per house and Ms. Schaefer stated that the maximum is $116 per house. Commissioner Shaw asked if 10 was the maximum build and Ms. Shaefer confirmed that we would just prefer to do one appropriation per year. Tina Patton is in favor of the project. Upon a motion by Troy Warner for approval, seconded by Eli Wax, the motion carried unanimously; the Commission approved the Fund Appropriation as presented on January 9, 2025. 7. Progress Reports A. Tax Abatement B. Common Council C. Updates Joseph Molnar, Assistant Director of Growth and Opportunity, stated that the City met with the childcare center at 415 E. Madison (Oaklawn) and had a productive conversation about whether they wanted to stay in the building, and we will proceed with due diligence and work with them. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING –January 9, 2025 9 D. Other 8. Next Commission Meeting Thursday, January 23, 2025, 9:30 a.m. 9. Adjournment Thursday, January 9, 2025, 11:07 a.m. ______________________________ ______________________________ Vivan G. Sallie, Secretary Troy Warner, President South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 3/10/25 FROM: Joseph Molnar, Assistant Director of Growth & Opportunity SUBJECT: First Amendment Economic Development Agreement Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approval of the First Amendment to the JC Hart Development Agreement SPECIFICS: On January 9, 2025, the Redevelopment Commission (“RDC”) and JC Hart Company (the “Developer”) approved an Economic Development Agreement (“Agreement”). The Agreement committed both the RDC and the Developer to certain commitments in relation to a transformational project on the western bank of the St. Joseph River in downtown South Bend. The Developer commitments included the demolition of an existing office building, construction of two (2) new multi-family residential buildings with a minimum of two hundred and ninety-one (291) units, and a three hundred and ninety-eight (398) parking space garage. The minimum Developer investment is $61.5 million. The City committed to undertaking the construction of public infrastructure improvements to support the project, including those necessary to re-establish a street grid and utility network at the project site, including construction of new streets, curbs and sidewalks, installation of lighting, relocation of existing or building of new utilities serving the project site, and other improvements in support of the project as agreed upon between the parties. The attached First Amendment provides further detail regarding the scope of the RDC commitments as outlined in the Agreement, including specifications regarding the roadway improvements, utility relocations, and easement releases committed to by the RDC in the Agreement. The First Amendment also identifies details of construction standards, coordination of work, and other related terms. Staff recommends approval. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION 1 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT (this “First Amendment”), is made effective as of the 13th day of March, 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 (“Developer”). R E C I T A L S: A. The City Bodies and Developer are parties to a certain Economic Development Agreement dated as of January 9, 2025 (the “Original Agreement”). B. The City Bodies and Developer desire to modify and amend the terms of the Original Agreement to clarify the scope of the City Bodies’ obligations with respect to the construction of supporting public infrastructure and the relocation of utilities, all as set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Incorporation of Recitals; Definitions. The foregoing recitals are incorporated herein. Capitalized terms not otherwise defined herein shall have the meaning s given such terms in the Original Agreement. 2. Supporting Public Infrastructure. The City Bodies and Developer agree that Exhibit H to the Original Agreement is hereby deleted in its entirety and replaced with Exhibit H and Exhibit H-1 attached hereto and that Section 5.02 of the Original Agreement is hereby deleted in its entirety and replaced with the following: 5.02 Supporting Public Infrastructure. The City Bodies shall cause the construction of public infrastructure improvements to support the Project, including streets, sidewalks and utilities as described at Exhibit H (the “Work”), which shall be funded either by READI 2.0 funding or alternatively from TIF Revenues available to the Redevelopment Commission from Allocation No. 1. The Work shall consist of Roadway and Infrastructure Improvements (as defined in Section 1 of Exhibit H), Utility Relocations (as defined in Section 2 of Exhibit H) and Easement Releases (as defined in Section 3 of Exhibit H). The City Bodies shall cause the Work to be performed in accordance with the following requirements: (a) Construction Standards. The City Bodies shall cause the Work to be performed and completed: (i) in a good and workmanlike manner, in compliance with this Agreement and all federal, state and local laws, ordinances, regulations, rules 2 and statutes and all other governmental agencies having or exercising jurisdiction over the Project; and (ii) free and clear of mechanics’ liens or any other liens against the Project Site. The City Bodies shall give Developer immediate notice of any such lien filed against the Project Site and shall immediately cause any such lien to be discharged and removed of record. (b) Coordination of Work. The City Bodies and Developer shall work in good faith to coordinate the construction of the Work by the City Bodies and their contractors, subcontractors, materialmen, agents, employees and invitees (collectively, the “City Contractor Parties”) and the Project by Developer so as to minimize any interference with the construction and operation of the Project. Such coordination shall include, but not be limited to, (i) holding periodic meetings between the City Bodies, the City Contractor Parties and Developer; (ii) coordinating access, storage, parking areas and deliveries; and (iii) developing work schedules to minimize the disruptive effect of construction activities relating to the Work. The City Bodies shall not unreasonably delay or interfere with the development of the Project. The City Bodies, at their cost, shall be responsible for securing the required permits, fees and inspections required to properly execute and complete the Work. (c) License. Developer agrees that, following Developer’s acquisition of the Project Site and during the term of this Agreement, the City Bodies and the City Contractor Parties shall have a non-exclusive, temporary license during normal business hours and at such other times as the City Bodies may reasonably request, to access and use portions of the Project Site in connection with the construction of the Work on the terms and conditions set forth in this Agreement. The foregoing license shall terminate upon the earlier of (i) completion of the Work, or (ii) written notice by Developer to the City Bodies. (d) Safety and Security. The City Bodies shall cause the City Contractor Parties to take reasonable precautions for the safety of, and shall provide reasonable protections to prevent damage and injury or loss to, (i) employees and other personnel of Developer and other persons performing work on the Project, who may be affected by work relating to the construction of the Work; and (ii) work, materials and equipment of Developer relating to the Project. The City Bodies shall cause the City Contractor Parties to comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on the health and safety of persons or property or their protection from damage or injury or loss, including, but not limited to Occupational Safety and Health Administration standards. (e) Site Maintenance. The City Bodies shall cause the City Contractor Parties to maintain all staging areas for the Work on the Project Site in neat and orderly fashion. During the term of this Agreement, the City Bodies shall refrain from, and shall cause the City Contractor Parties to refrain from, depositing or discarding waste materials or other debris on or near the Project Site. In the 3 event the City Bodies or any of the City Contractor Parties deposits or discards waste materials or debris on or near the Project Site, the City Bodies shall, at their expense, immediately remove such waste materials or debris and restore any damage to the affected area. (f) Completion. The City Bodies shall inspect the Work to ensure all aspects meet City of South Bend Construction Standards and Specifications (the “City Standards”). Developer, at its expense, shall also be entitled to schedule and complete an inspection of each completed component of the Work. The City Bodies and its contractors shall be entitled to participate in the inspection. If the Developer believes the inspection reveals any component of the Work does not adhere to City Standards, Developer may prepare, or cause to be prepared a punch list of such deficiencies, and the Developer and the City Bodies shall promptly work together in good faith to identify a plan to remedy the deficiencies. (g) Insurance. The Parties acknowledge that the City Bodies are self-insured for general liability risk. Notwithstanding anything in this Agreement to the contrary, the City Bodies do not waive any governmental immunity or liability limitations available to them under Indiana law. Additionally, the City Bodies will require that any contractor who receives an award of contract directly from the City of South Bend to perform any Work contemplated under this Agreement shall meet the following insurance requirements: (i) All Contractors and subcontractors doing business with the City of South Bend shall present a Certificate of Insurance showing coverage in the following minimum amount: 1. General Liability: Premises-Completed Operations or Products, Bodily Injury and Property Damage Combined Single Limit - $5,000,000. 2. There shall be no exclusion for explosion, collapse or underground hazard. 3. Workmen's Compensation: Statutory State of Indiana Employer's Liability - $100,000. 4. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000 (ii) City of South Bend shall be named as additional insured on the Certificate of Insurance. (iii)Contractor and subcontractors shall provide any and all insurance policies, documents, endorsements, or certificates related to this Contract immediately upon the request of the City of South Bend. (h) Indemnity. The City Bodies shall indemnify, defend, protect, and hold Developer, its agents, directors, employees, managers, members, officers, partners and lenders and their respective assigns and successors (each, a 4 “Developer Party” and, collectively, “Developer Parties”) harmless from any and all claims, damages, demand, liabilities, liens, losses, or costs and expenses of any kind, including, without limitation, reasonable attorneys’ fees, arising out of, resulting from or related to the Work (except in each case to the extent the caused by the negligence or misconduct of Developer or a Developer Party). (i) Damage to Project Site or Project. If any Work conducted by or on behalf of the City Bodies causes damage to any portion of the Project Site or the Project, upon notice from Developer identifying such damages and demanding that such damage be repaired, the City Bodies shall, within a reasonable timeframe as agreed to by the Parties, repair such damage at the City Bodies’ expense. If the City Bodies fail to repair such damage within the agreed timeframe, then Developer may, but shall not be obligated to, complete the necessary repairs, in which case the City Bodies shall reimburse Developer all costs incurred by Developer to complete the repairs upon thirty (30) days written demand accompanied by reasonable evidence of such costs. (j) Survival. The terms and provisions of this Section 5.02 shall survive any termination of the Agreement. 3. Continuing Effect. Except as expressly set forth herein, the Agreement remains unmodified and in full force and effect. To the extent of any inconsistency between the terms and provisions of this First Amendment and the Original Agreement, the terms and provisions of this First Amendment shall control. 4. Miscellaneous. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but together shall constitute one and the same instrument. Each party has the right to rely upon a facsimile or e-mail counterpart of this First Amendment signed by the other party to the same extent as if such party received an original counterpart. This First Amendment shall extend to, be binding upon and inure to the benefit of the respective heirs, devisees, legal representatives, successors, permitted assigns and beneficiaries of the parties hereto. [SIGNATURES ON THE FOLLOWING PAGE(S)] 5 IN WITNESS WHEREOF, the City Bodies and Developer have executed this First Amendment to be effective as of the date set forth above. CITY: CITY OF SOUTH BEND, INDIANA By: James Mueller, Mayor REDEVELOPMENT COMMISSION: SOUTH BEND REDEVELOPMENT COMMISSION By: Printed: ___________________________________ Title: _____________________________________ ATTEST: By: Printed: ___________________________________ Title: _____________________________________ DEVELOPER: J.C. HART COMPANY, INC., an Indiana corporation By: ________________________________ John C. Hart, Jr., Chairman EXHIBIT H Work 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. The Work shall include the following: Section 1: Roadway and Infrastructure Improvements. The City Bodies shall cause the construction of new streets, water main, sanitary sewer main, and storm sewer, curbs, sidewalks, crosswalks, accessibility ramps, street landscaping, street lighting, and street trees, as generally depicted in the infrastructure plan attached hereto as Exhibit H-1 and in accordance with the City Bodies’ design, as well as any other infrastructure improvements agreed to by the parties (the “Roadway and Infrastructure Improvements”). Section 2: Utility Relocations. The City Bodies shall cause the relocation of all utility lines and facilities located on the Project Site so that such utility lines and facilities do not in any way interfere with the construction or operation of the proposed Project improvements depicted in Exhibit H-1 (the Utility Relocations”). The Utility Relocations shall include, without limitation, relocation of storm sewer, water, sanitary sewer, electric, fiber optic, telephone/communications and gas such that no utility lines or facilities are located under Project building improvements. All relocated utility lines and facilities on the Project Site shall be in locations approved by Developer and the City. Section 3: Easement Releases. In connection with the Utility Relocations, the City Bodies shall obtain and record, on terms and conditions reasonably satisfactory to Developer, releases by all benefited utilities of all utility easements encumbering the Project Site, whether arising via plat, separate recorded instrument or otherwise, including, without limitation, releases of the following easements: • Easements rights created in connection with the vacation of rights-of-way shown as a part of the Original Plat of South Bend Indiana as it relates to the Project Site; • Easements rights created in connection with the Plat of River Bend Addition to the City of South Bend, St. Joseph County, Indiana (Plat Record 197719, Book 31, Page(s) R -7) as it relates to the Project Site; • Easement rights created in connection with the vacation of rights-of-way pursuant to Ordinance 9202-01 and shown on that certain Crowe Chizek Minor Subdivision recorded as Instrument No. 0315444; • Easement Rights created in connection with the Crowe Chizek Minor Subdivision recorded as Instrument No. 0315444; • Easement Rights created in connection with the Crowe Chizek Second Minor Subdivision recorded as Instrument No. 2024-11404; • Easement Rights created in connection with the Crowe Chizek Second Minor Subdivision Lot Line Adjustment; • Instrument No. 77089069 – American Electric Power. • Instrument No. 8217444 – City of South Bend and any other City departments. • Instrument No. 8217445 – City of South Bend and any other City departments. To the extent utilities require replacement utility easements on the Project Site to accommodate the Utility Relocations, the parties shall work cooperatively, reasonably, and in good faith, to grant such easements; provided, however, in no event shall Developer be required to grant replacement utility easements that in any way interfere with the construction or operation of the Project. The City Bodies shall be solely responsible for securing necessary easements across, over, under or through third party property to accommodate the Utility Relocations. EXHIBIT H -1 Infrastructure Plan 1 Cross Reference: Instrument No. 2024-10901 (Commission Deed) Instrument No. 8216846 (1982 Declaration) Instrument No. 0130069 (2001 Relocation) AGREEMENT TO SUSPEND AND RELEASE EASEMENT THIS AGREEMENT TO SUSPEND AND RELEASE EASEMENT (hereinafter the “Agreement”) is entered into to be effective this ____ day of ______________, 2025 (the “Effective Date”) by the City of South Bend, Indiana, Department of Redevelopment by and through its governing body, the South Bend Redevelopment Commission (hereinafter the “Commission”), in favor of SOUTH BEND RIVERWALK PARTNERS, LLC, an Indiana limited liability company (“Riverwalk”), and their respective successors and assigns. WITNESSETH: WHEREAS, the Commission acquired certain real estate more particularly described in Exhibit A attached hereto and incorporated herein (the “Commission Real Estate”) pursuant to a certain Special Warranty Deed dated May 6, 2024 and recorded May 20, 2024 as Instrument No. 2024-10901 in the Office of the Recorder of St. Joseph County, Indiana; WHEREAS, Riverwalk intends to acquire certain real estate more particularly described in Exhibit B attached hereto and incorporated herein (the “Riverwalk Real Estate”); WHEREAS, the Commission Real Estate is the beneficiary of a certain non-exclusive easement over the Riverwalk Real Estate for pedestrian and vehicular ingress and egress to and from Wayne Street/Jefferson Boulevard (the “Easement”) granted by Crowe LLP, an Indiana limited liability partnership, formerly known as Crowe, Chizek & Company, an Indiana partnership (“Crowe”), pursuant to a certain Declaration and Grant of Easement for Pedestrian and Vehicular Egress dated November 3, 1982, and recorded November 3, 1982 as Instrument No. 8216846 in the Office of the Recorder of St. Joseph County, Indiana (the “Declaration”); WHEREAS, Crowe relocated the Easement pursuant to a certain Relocation of Easements dated June 25, 2001 and recorded June 27, 2001, as Instrument No. 0130069 to the location described therein, which remains the location of the Easement as of the Effective Date. WHEREAS, Riverwalk intends to redevelop the Riverwalk Real Estate as a market rate, apartment community (the “Riverwalk Project”), and in connection with the development of the Riverwalk Project, the Commission has agreed to construct or cause to be constructed and dedicate certain public roadways, sidewalks and related improvements generally as depicted in Exhibit C attached hereto and incorporated herein (the “Roadway Improvements”), which will provide access to and from the Commission Real Estate from and to Wayne Street/Jefferson Boulevard; 2 WHEREAS, to accommodate the development of the Riverwalk Project, Riverwalk desires that the Commission: (i) suspend all use of the Easement during the development of the Riverwalk Project; and (ii) upon completion and opening of the Roadway Improvements for use by the public (the “Roadway Completion and Opening”), release and relinquish the Easement; and WHEREAS, the Commission is willing to: (i) suspend all use of the Easement during the development of the Riverwalk Project; and (ii) release and relinquish the Easement upon the Roadway Completion and Opening. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Commission promises, agrees and covenants as follows: 1. Incorporation of Recitals. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2. Suspension of Easement Rights. The Commission agrees that, notwithstanding anything to the contrary in the Declaration, commencing five (5) business days after Riverwalk provides the Commission written notice of its intent to begin construction of the Riverwalk Project (the “Commencement Notice”): (i) the rights of the Commission and all employees, owners, agents, contractors, and invitees of the Commission to use the Easement in any manner shall be suspended; and (ii) Riverwalk and the Commission shall be entitled to engage in development and construction activities relating to the Riverwalk Project and the Roadway Improvements in the area of the Easement. Subject to Force Majeure, Riverwalk shall cause the Riverwalk Project to be completed and the Roadway Completion and Opening to occur no later than four (4) years from the date the Commencement Notice is provided to the Commission. In the event Riverwalk does not provide the Commission the Commencement Notice within twelve (12) months of the Effective Date, this Agreement shall automatically terminate and be of no further force or effect. 3. Release of Easement. Effective upon the Roadway Completion and Opening in compliance with this Agreement, the Commission disclaims, waives, terminates, releases and relinquishes any and all interest or retained easement rights it has or may have in and to the Easement, and any and all rights of the Commission pursuant to the Declaration shall be deemed terminated and of no further force or effect. Riverwalk shall be entitled to record a notice confirming the Roadway Completion and Opening. 4. Force Majeure. In the event that Riverwalk shall be materially delayed, hindered or prevented from performing its obligations hereunder by reason of any Unavoidable Delay, then the date for performance of such obligation shall be extended day for day during the occurrence of such Unavoidable Delay. The term “Unavoidable Delay” means the following circumstances: unusually inclement weather, strikes, lockouts, labor troubles, inability to procure materials, acts of God, fire, earthquake, flood, explosion, terrorism, action of the elements, war (declared or undeclared), police action, invasion, insurrection, riot, mob violence, sabotage, pandemics, epidemics, mandated closures or other causes beyond such Riverwalk’s reasonable control. 3 5. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been delivered three (3) business days after deposit in the United States Mail as Certified Mail, Return Receipt Requested, postage prepaid, or one (1) business day after deposit with signed receipt to any national overnight courier for next business day delivery, in each case addressed to the owner at the current address on file with the real property taxing authority for the owner of Riverwalk Real Estate or the Commission Real Estate, as applicable. 6. Modification. No amendment to this Agreement will be valid or enforceable until it has been executed and delivered by both Riverwalk and the Commission. 7. Counterparts. This Agreement may be executed and acknowledged in multiple originals or counterparts, each of which shall be an original and, when all of the parties to this Agreement have signed and acknowledged at least one (1) original, such copies together shall constitute a fully executed and binding agreement. 8. Choice of Law and Venue. This Agreement shall be governed in all respects by the laws of the State of Indiana without reference to its or any other state’s choice of law principles or rules. Venue for any legal proceeding arising out of this Agreement shall be exclusive to courts located in St. Joseph County, Indiana 9. Agreement Runs with Land. Riverwalk and the Commission agree that the terms of this Agreement shall be appurtenant to and run with the Riverwalk Real Estate and the Commission Real Estate and shall be binding upon and inure to the benefit of Riverwalk’s and the Commission’s successors and assigns. [SIGNATURE ON THE FOLLOWING PAGE] S - 1 SIGNATURE PAGE TO AGREEMENT TO SUSPEND AND RELEASE EASEMENT City of South Bend, Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission By:_______________________________ Troy Warner, President ATTEST: By: _______________________ Eli Wax, Secretary S - 2 NOTARY PAGE TO AGREEMENT TO SUSPEND AND RELEASE EASEMENT STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Troy Warner and Eli Wax, known to me to be the President and Secretary, respectively, of the South Bend Redevelopment Commission who, after having been duly sworn, acknowledged the execution of the foregoing Agreement. WITNESS, my hand and Notarial Seal this _____ day of _____________________, 2025. __________________________________________ ( ) Notary Public My Commission Expires: My County of Residence: _________________________ ______________________________ SIGNATURE PAGE TO AGREEMENT TO SUSPEND AND RELEASE EASEMENT SOUTH BEND RIVERWALK PARTNERS, LLC, an Indiana limited liability company By: J.C. Hart Manager, LLC, an Indiana limited liability company, its Manager By: John C. Hart, Jr., Sole Member NOTARY PAGE TO AGREEMENT TO SUSPEND AND RELEASE EASEMENT STATE OF INDIANA ) SS: COUNTY OF MAR \ON ) Before me, a Notary Public in and for said County and State, personally appeared John C. Hart, Jr., the Sole Member of J.C. Hart Manager, LLC, an Indiana limited liability company, the Manager of South Bend Riverwalk Partners, LLC, who, after having been duly sworn, acknowledged the execution of the foregoing for and on behalf of such limited liability company. WITNESS, my hand and Notarial Seal this / , 2025. C L. PAYNE Notary Pubfic Marion County. State of Indiana Commission Expi res, May 26, 2031 Commission Numbe►: NP0688304 My Co ty of Residence: ary Public This instrument was prepared by: Timothy D. Schuster, Esq., Dinsmore & Shohl LLP, One Indiana Square, 211 N. Pennsylvania Street, Suite 1800, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. [Timothy D. Schuster, Esq.] S - 4 A - 1 EXHIBIT A Commission Real Estate PARCEL I: A part of the West Half of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the recorded Plat of River Bend Addition, City of South Bend, St Joseph County, Indiana, described as follows: Commencing at the intersection of the Northeastern boundary of Columbia Street and the Eastern boundary of Western Avenue; thence along said Northeastern boundary South 69°32'51" East 95.25 feet; thence Southeasterly 192.83 feet along an arc to the right having a radius of 421.97 feet and subtended by a long chord having a bearing South 56"27'21" East and a length of 191.16 feet; thence North 46°38'09' East 155.47 feet; thence North 20°00'00" West 120.00 feet; thence North 70°00'00" East 217.00 feet; thence South 25°39'11" East 215.00 feet to the point of beginning; thence South 52°00'00" West 245.00 feet; thence South 38°00'00" East 155.00 feet; thence North 52°00'00" East 211.07 feet; thence North 25°39'11" West 158.67 feet to the point of beginning. PARCEL II: A part of Block 8 of the recorded Plat of River Bend Addition in Section 12, Township 37 North, Range 2 East, in the City of South Bend, St Joseph County, Indiana, described as follows: Commencing at the intersection of the East right of way line of Columbia Street and the North right of way line of Monroe Street as shown in said Plat of River Bend Addition; thence North 0°30'18" West along said East right of way line of Columbia Street 270.00 feet; thence North 89°29'42" East 75.00 feet; thence South 39°35'12" East 43.10 feet; thence North 52°00'00" East 113.02 feet to the point of beginning; thence North 38°00'00" West 255.00 feet; thence North 52°00'00" East 33.00 feet; thence South 38°00'00" East 155.00 feet; thence North 52°00'00" East 211.07 feet; thence South 25°39'11" East 29.45 feet; thence South 65°42'29" West 10.00 feet; thence South 4°39'38" East 40.00 feet; thence South 70°06'30' East 47.50 feet; thence South 52°00'00" West 231.27 feet to the point of beginning. PARCEL III: Non-Exclusive Easements for Pedestrian and Vehicular Egress by and between St Joseph River Road Development Corporation, Crowe, Chizek & Company, American Land Trust, First Bank and Trust Company of South Bend, West Bank Properties, Columbia Plaza Associates, River Glen Office Plaza Associates, and the St. Joseph Bank and Trust Company all of which were dated November 3, 1982 and recorded November 3, 1982 as Document Number 8216846, 8216847, 8216849, and 8216850 all in the Office of the Recorder of St. Joseph County, Indiana. PARCEL IV: A part of Block 8 of the recorded Plat of River Bend Addition, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the East right of way line of Columbia Street and the North right of way line of Monroe Street; thence North 89°38'42" East along said North right of way of Monroe Street 250.00 feet; thence North 0°21'18" West 55.00 feet; thence North 39°35'12" West 67.66 feet to the point of beginning; thence continuing North 39°35'12" West 167.06 feet; thence North 52°00'00" East 344.29 feet; thence South 70°06'30" East 2.50 feet; thence South 38°42'21" East 164.89 feet; thence South 52°00'00" West 343.08 feet to the point of beginning. PARCEL V: A non-exclusive easement for above real estates to and from Monroe Street in the City of South Bend, Indiana, as set out in Declaration and Grant of Easement, dated October 22, 1980, between River Glen Office Plaza Associates (as granter of the easement) and St. Joseph 2 River Bend Development Corporation, St. Joseph Bank and Trust Company and Crowe, Chizek and Company (owners of the various "dominant parcels" described therein) recorded October 22, 1980 as Document Number 8018357 in the Office of the Recorder of St Joseph County, Indiana, and being, in particular, the easement described as "Access Easement'' in Exhibit E thereto. PARCEL VI: A parcel in the Southeast Quarter and the Southwest Quarter of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the recorded Plat of River Bend Addition to the City of South Bend, St Joseph County, Indiana, described as follows: Commencing at the intersection of the East right of way line of Columbia Street and the North right of way line of Monroe Street; thence North 89°38'42" East along said North right of way of Monroe Street 250.00 feet to the point of beginning; thence North 0°21'18" West 55.00 feet; thence North 39°35'12" West 67.66 feet; thence North 52°00'00" East 343.09 feet; thence South 38°42'21" East 72.09 feet; thence South 0°30'18" East 263.46 feet to the North right of way line of Monroe Street; thence 61.24 feet Westerly on said right of way line on a curve to the left having a radius of 614.21 feet and subtended by a long chord 61.18 feet in length and having a bearing of North 87°30'03" West; thence South 89°38'42" West along said North right of way line of Monroe Street 213.10 feet to the point of beginning. PARCEL VII: An easement for ingress and egress on, over and across a parcel in the Southeast Quarter of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the recorded Plat of River Bend Addition to the City of South Bend, St Joseph County, Indiana, described as follows: Commencing at the intersection of the East right of way line of Columbia Street and the North right of way line of Monroe Street; thence North 0°30'18" West along the East right of way line of Columbia Street a distance of 293.20 feet to the point of beginning; thence continuing on said right of way Northward along a curve to the left, with a radius of 421.97 feet and subtended by a long chord with a bearing of North 1°52'27'' West 27.60 feet; thence North 75°20'48" East 77.98 feet; thence South 39°35'12" East 265.63 feet; thence South 52°00'00" West 24.01 feet; thence North 39°35'12" West 246.44 feet; thence South 75°20'48" West 70.13 feet to the point of beginning. PARCEL VIII: A part of the West Half of Section 12, Township 37 North, Range 2 East, also being a part of Block 8 of the unrecorded Plat of River Bend Addition, City of South Bend, St Joseph County, Indiana, described as follows: Commencing at the intersection of the East boundary of Fellow Street projected North and the northern boundary of Monroe Street; thence South 89°38'42n West along said northern boundary a distance of 78.14 feet to the true point of beginning; thence South 89°38'42" West along the northern boundary of Monroe Street a distance of 250 feet to the East boundary of Columbia Street; thence North 0°30'18. West along said East boundary a distance of 270 feet; thence North 89° 38'42" East a distance of 75 feet; thence South 39°35'21" East a distance of 277.57 feet; thence South 0°30'18. East a distance of 55 feet to the point of beginning. B - 1 EXHIBIT B Riverwalk Real Estate Lot 2 in the Crowe Chizek Second Minor Subdivision Lot Line Adjustment, as per plat thereof, recorded as Instrument Number _________________ in the Office of the Recorder of St. Joseph County, Indiana. C - 1 EXHIBIT C Roadway Improvements South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 3/6/2025 FROM: Erin Michaels – Property Development Manager SUBJECT: Accepting Transfer of Water Utility Building from BPW 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: Accepting Lot 2 of Morris Civic Minor Sub (South Bend Water Works Utility Building) from BPW SPECIFICS: As a part of the Request for Proposals (“RFP”) for the Main Street Housing project approved by the Redevelopment Commission on January 9, 2025 the South Bend Water Works Utility Building will need to be transferred from the Board of Public Works to the Redevelopment Commission. The Board of Public Works approved the transfer of this property at their meeting held on March 11, 2025, and this resolution is to accept the transfer of this property to the Redevelopment Commission. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION RESOLUTION NO. 3631 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF SOUTH BEND, ACTING THROUGH ITS BOARD OF PUBLIC WORKS WHEREAS, the City of South Bend, acting through its Board of Public Works (the “City”) is the owner of certain property identified herein; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, may transfer or exchange property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend, Indiana, Department of Redevelopment (the “Department”) exists and operates under the provisions of I.C. 36-7-14, as amended from time to time (the “Act”) and is a body corporate and politic; and WHEREAS, the City desires to the transfer to the Commission certain real property as set forth in Exhibit “A” attached (collectively referred to as the “Property”); and WHEREAS, the Commission desires to accept the transfer of the Property from the City for purposes of redevelopment and; WHEREAS, the City has adopted a resolution consistent with the requirement of Indiana § 36–1–11–8. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The transfer of the following described real property situated in St. Joseph County, Indiana: See Exhibit “A” by the City to the Commission, without consideration, shall be, and hereby is, approved and authorized. 2. The Director of Redevelopment for the City of South Bend shall cause the recording of a quit claim deed conveying all the right, title and interest of the South Bend Redevelopment Commission in and to the Property, for the use and benefit of its Department of Redevelopment. 3.This Resolution shall be in full force and effect upon its adoption. 2 ADOPTED at a meeting of the South Bend Redevelopment Commission held on March 13, 2025, at 227 West Jefferson Boulevard, 13th Floor, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ______________________________ Signature ______________________________ Printed Name and Title South Bend Redevelopment Commission ATTEST: ______________________________ Signature ______________________________ Printed Name and Title South Bend Redevelopment Commission 3 Exhibit “A” Lot 2 Morris Civic Minor Sub 99-00 Replat #6560, 7-13-98 99-00 Vac Ord #8876- 98 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item D ATE : 3/6/2025 FROM: John Martinez, Chief of Park Operations, Venues Parks & Arts SUBJECT: Budget request for the design and construction documents for the O’Brien Park Splash Pad & Restroom. 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 of $150,000 from South Side TIF fund to allow for the design and construction documents for the addition of a new public Splash Pad and Restroom Facility at O’Brien Park. SPECIFICS: This budget request would provide $150,000 to be used on the design and construction documents to allow for a new (15) feature splash pad which would replace the 2010 original splash pad. This asset is free and accessible to all members of the public from May – September. The assets typically have a 15–20-year life cycle. This location serves as the sole splash pad for the City south of Ewing and is one of our most popular parks due to the O’Brien Recreation Center, playground, athletic fields, skateboard park, and wooded trails. In tandem, the current exterior restroom option at O’Brien is a waterless, one stall, restroom which does not currently meet Indiana Pool Code 675 IAC 20-5-25, which requires a unisex restroom to be within 300’ of a splash pad. Our vision for the new restroom would include a modern approach, Men and Women’s restrooms, and sidewalk connectivity meeting or exceeding ADA compliance. Funding for the construction itself is being addressed through separate capital project strategies. O’Brien Park has not seen significant capital investment in its exterior features within the last 15 years. If approved, we look to leverage these improvements with additional capital funds for new/relocated playground options, furniture, landscaping, ADA accessibility, as well as additional safety improvements. Our request reflects our commitment to being excellent stewards of public lands and funds. We are committed to building and maintaining social infrastructure for our community to promote social equity, neighborhood and economic impact, health and wellness, and ecological stewardship. _________________________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 : 3/6/2025 FROM: John Martinez, Chief of Park Operations, Venues Parks & Arts SUBJECT: Budget request for the Marshall Tennis Court & Sidewalk 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 of $315,000 from South Side TIF fund to allow for repair and resurfacing of the Marshall Park tennis courts and adjacent sidewalks to address safety and liability issues. SPECIFICS: This budget request would provide $315,000 to be used for the repair of the (4) tennis courts at Marshall Park. Currently the (2) courts are asphalt and (2) concrete, with the asphalt courts being closed for the past two seasons due to unsafe surfacing conditions due to asphalt cracking. Possible repair options include resurfacing and other court repairs as budget allows, with the highest priority being given to public safety concerns. Additionally, we plan to stripe the courts for mixed use tennis and pickle ball, which is not currently offered on our south side properties. Pickle Ball remains one of our most requested programs and provides a wealth of health and social benefits to its players. Additionally, the concrete sidewalks along the perimeter of the park and adjacent to the tennis courts are in extremely poor condition. Beyond normal associated park traffic, the pedestrian sidewalks along the road are frequented by Marshall attendees, making it an extremely high pedestrian traffic area. Overall, the south side of South Bend has a lower number of parks and associated greenspace compared to other areas of the City. Marshall Park has not seen significant capital investments in the exterior features within the last 14 years. If approved, these improvements will reflect a maximization of current assets, ensuring public safety, and expanding our programmatic offering to our community. Our request reflects our commitment to being excellent stewards of public lands and funds. We are committed to building and maintaining social infrastructure for our community to promote social equity, neighborhood and economic impact, health and wellness, and ecological stewardship. _________________________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: 3/10/2025 FROM: Joseph Molnar – Assistant Director of Growth & Opportunity SUBJECT: Budget Request - Demo of Former South Bend Range (133 Cherry Street) Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Budget Request for $1.3 million for demolition of the structures at the former South Bend Range Site located at 133 Cherry Street and general site cleanup SPECIFICS: On January 24, 2025, the Board of Public Works acquired the property commonly known as South Bend Range located at 133 Cherry Street via a tax sale deed. The property is in severe disrepair and The Near Westside Neighborhood Association has petitioned the City to take action to address the site. The parcel has one large structure, an outbuilding, and a wall that encompasses the southern portion of the property. Based on site visits to the property the buildings and walls are in such a state of disrepair as to be a danger to any who may access the property and as such would be suitable for demolition. There are localized failures within the main building leading to partial collapses. The $1.3 million would cover the demolition of the main structure, the outbuilding and the portion of the wall that connects to the main building. Any funds remaining after the demolition of the above the remainder will be used to clear the large amount of debris and trash from the courtyard of the site. If approved, demolition work would begin in the calendar year 2025. RDC staff are confident that addressing this site will be a long-term benefit to the Near Westside Neighborhood by removing a dangerous eyesore and existing hazard. Staff recommends approval. _________________________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 D ATE : 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 January 9, 2025  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. 2 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: Vice President A-1 Exhibit A (See attached Form of Economic Development Agreement) DMS 45742968v2 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DAT E : 3/6/2025 FROM: Erin Michaels – Property Development Manager SUBJECT: Accepting Transfer of Water Utility Building from BPW 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: Accepting Lot 2 of Morris Civic Minor Sub (South Bend Water Works Utility Building) from BPW SPECIFICS: As a part of the Request for Proposals (“RFP”) for the Main Street Housing project approved by the Redevelopment Commission on January 9, 2025 the South Bend Water Works Utility Building will need to be transferred from the Board of Public Works to the Redevelopment Commission. The Board of Public Works approved the transfer of this property at their meeting held on March 11, 2025, and this resolution is to accept the transfer of this property to the Redevelopment Commission. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION March 13, 2025 RESOLUTION NO. 3631 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF SOUTH BEND, ACTING THROUGH ITS BOARD OF PUBLIC WORKS WHEREAS, the City of South Bend, acting through its Board of Public Works (the “City”) is the owner of certain property identified herein; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, may transfer or exchange property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend, Indiana, Department of Redevelopment (the “Department”) exists and operates under the provisions of I.C. 36-7-14, as amended from time to time (the “Act”) and is a body corporate and politic; and WHEREAS, the City desires to the transfer to the Commission certain real property as set forth in Exhibit “A” attached (collectively referred to as the “Property”); and WHEREAS, the Commission desires to accept the transfer of the Property from the City for purposes of redevelopment and; WHEREAS, the City has adopted a resolution consistent with the requirement of Indiana § 36–1–11–8. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1.The transfer of the following described real property situated in St. Joseph County, Indiana: See Exhibit “A” by the City to the Commission, without consideration, shall be, and hereby is, approved and authorized. 2.The Director of Redevelopment for the City of South Bend shall cause the recording of a quit claim deed conveying all the right, title and interest of the South Bend Redevelopment Commission in and to the Property, for the use and benefit of its Department of Redevelopment. 3.This Resolution shall be in full force and effect upon its adoption. 2 ADOPTED at a meeting of the South Bend Redevelopment Commission held on March 13, 2025, at 227 West Jefferson Boulevard, 13th Floor, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ______________________________ Signature ______________________________ Printed Name and Title South Bend Redevelopment Commission ATTEST: ______________________________ Signature ______________________________ Printed Name and Title South Bend Redevelopment Commission Troy Warner, President Eli Wax, Secretary 3 Exhibit “A” Lot 2 Morris Civic Minor Sub 99-00 Replat #6560, 7-13-98 99-00 Vac Ord #8876- 98 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 3/6/2025 FROM: John Martinez, Chief of Park Operations, Venues Parks & Arts SUBJECT: Budget request for the design and construction documents for the O’Brien Park Splash Pad & Restroom. 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 of $150,000 from South Side TIF fund to allow for the design and construction documents for the addition of a new public Splash Pad and Restroom Facility at O’Brien Park. SPECIFICS: This budget request would provide $150,000 to be used on the design and construction documents to allow for a new (15) feature splash pad which would replace the 2010 original splash pad. This asset is free and accessible to all members of the public from May – September. The assets typically have a 15–20-year life cycle. This location serves as the sole splash pad for the City south of Ewing and is one of our most popular parks due to the O’Brien Recreation Center, playground, athletic fields, skateboard park, and wooded trails. In tandem, the current exterior restroom option at O’Brien is a waterless, one stall, restroom which does not currently meet Indiana Pool Code 675 IAC 20-5-25, which requires a unisex restroom to be within 300’ of a splash pad. Our vision for the new restroom would include a modern approach, Men and Women’s restrooms, and sidewalk connectivity meeting or exceeding ADA compliance. Funding for the construction itself is being addressed through separate capital project strategies. O’Brien Park has not seen significant capital investment in its exterior features within the last 15 years. If approved, we look to leverage these improvements with additional capital funds for new/relocated playground options, furniture, landscaping, ADA accessibility, as well as additional safety improvements. Our request reflects our commitment to being excellent stewards of public lands and funds. We are committed to building and maintaining social infrastructure for our community to promote social equity, neighborhood and economic impact, health and wellness, and ecological stewardship. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION March 13, 2025 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 3/6/2025 FROM: John Martinez, Chief of Park Operations, Venues Parks & Arts SUBJECT: Budget request for the Marshall Tennis Court & Sidewalk 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 of $315,000 from South Side TIF fund to allow for repair and resurfacing of the Marshall Park tennis courts and adjacent sidewalks to address safety and liability issues. SPECIFICS: This budget request would provide $315,000 to be used for the repair of the (4) tennis courts at Marshall Park. Currently the (2) courts are asphalt and (2) concrete, with the asphalt courts being closed for the past two seasons due to unsafe surfacing conditions due to asphalt cracking. Possible repair options include resurfacing and other court repairs as budget allows, with the highest priority being given to public safety concerns. Additionally, we plan to stripe the courts for mixed use tennis and pickle ball, which is not currently offered on our south side properties. Pickle Ball remains one of our most requested programs and provides a wealth of health and social benefits to its players. Additionally, the concrete sidewalks along the perimeter of the park and adjacent to the tennis courts are in extremely poor condition. Beyond normal associated park traffic, the pedestrian sidewalks along the road are frequented by Marshall attendees, making it an extremely high pedestrian traffic area. Overall, the south side of South Bend has a lower number of parks and associated greenspace compared to other areas of the City. Marshall Park has not seen significant capital investments in the exterior features within the last 14 years. If approved, these improvements will reflect a maximization of current assets, ensuring public safety, and expanding our programmatic offering to our community. Our request reflects our commitment to being excellent stewards of public lands and funds. We are committed to building and maintaining social infrastructure for our community to promote social equity, neighborhood and economic impact, health and wellness, and ecological stewardship. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION March 13, 2025 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE: 3/10/2025 FROM: Joseph Molnar – Assistant Director of Growth & Opportunity SUBJECT: Budget Request - Demo of Former South Bend Range (133 Cherry Street) Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Budget Request for $1.3 million for demolition of the structures at the former South Bend Range Site located at 133 Cherry Street and general site cleanup SPECIFICS: On January 24, 2025, the Board of Public Works acquired the property commonly known as South Bend Range located at 133 Cherry Street via a tax sale deed. The property is in severe disrepair and The Near Westside Neighborhood Association has petitioned the City to take action to address the site. The parcel has one large structure, an outbuilding, and a wall that encompasses the southern portion of the property. Based on site visits to the property the buildings and walls are in such a state of disrepair as to be a danger to any who may access the property and as such would be suitable for demolition. There are localized failures within the main building leading to partial collapses. The $1.3 million would cover the demolition of the main structure, the outbuilding and the portion of the wall that connects to the main building. Any funds remaining after the demolition of the above the remainder will be used to clear the large amount of debris and trash from the courtyard of the site. If approved, demolition work would begin in the calendar year 2025. RDC staff are confident that addressing this site will be a long-term benefit to the Near Westside Neighborhood by removing a dangerous eyesore and existing hazard. Staff recommends approval. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION March 13, 2025