HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 08.14.25
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Agenda
Regular Meeting, August 14, 2025 – 9:30 a.m.
BPW Conference Room 13th Floor or
https://tinyurl.com/RDC-2025-2T
Meeting Recording Link: https://tinyurl.com/RDC-Meeting-Recordings
1. Roll Call
• Troy Warner, President – (Council) January 2025 to December 2025
• Dave Relos, Vice President – (Mayor) January 2025 to December 2025
• Eli Wax, Secretary – (Mayor) February 2025 to December 2025
• Gillian Shaw, Commissioner – (Mayor) January 2025 to December 2025
• Ophelia Gooden-Rodgers, Commissioner – (Council) February 2025 to December 2025
• Marcus Ellison, Non-Voting Advisor – (School Board) February 2025 to December 2026
2. Approval of Minutes
A. Minutes of the Regular Meeting of July 24, 2025
3. Approval of Claims
A. Claims Allowance July 29, 2025
4. Old Business
A. None
5. New Business
A. River West Development Area
1. Purchase Agreement (New Day Intake Center)
2. Option to Purchase Agreement & Memorandum of Option (Current
Motels4Now, Our Lady of the Road)
3. Development Agreement (New Day Intake Center)
4. Resolution No. 3646 Pledging TIF to Fund Forgivable Loans (New Day
Intake Center) – RWDA, REDA, SSDA TIF Districts
5. Resolution No. 3641 (Accepting Transfer of 1636 LWW from County
Commissioners)
6. Budget Request (Leighton Building Renovations)
7. Open Bids for Disposition of Property (Taylor, Wayne & Western Lots)
8. First Amendment to Network Operating Center Lease (Union Station)
9. Second Amendment to Development Agreement (The Monreaux)
B. Redevelopment General Fund
1. Home Repair Program Mortgage Release (722 E. Ewing)
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Page 2
6. Progress Reports
A. Tax Abatement
B. Common Council
C. Other
7. Next Commission Meeting
Thursday, August 28, 2025, 9:30 a.m. at BPW Conference Room 13th Floor
CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
SOUTH BEND REDEVELOPMENT COMMISSION MINUTES
July 24, 2025, at 9:30 a.m.
BPW Conference Room, 13th Floor, County-City Building
https://tinyurl.com/RDC-2025-4T
Meeting Recording Link: https://tinyurl.com/RDC-Meeting-Recordings
The South Bend Redevelopment Commission was called to order at 9:31 a.m.
President Troy Warner presiding.
1. ROLL CALL
• Troy Warner, President – (Council) January 2025 to December 2025
• Dave Relos, Vice President – (Mayor) January 2025 to December 2025
• Eli Wax, Secretary – (Mayor) February 2025 to December 2025
• Gillian Shaw, Commissioner – (Mayor) January 2025 to December 2025 – Arrived at
9:37 AM
• Ophelia Gooden-Rodgers, Commissioner – (Council) February 2025 to December 2025
• Marcus Ellison, Non-Voting Advisor – (School Board) February 2025 to December 2026
Legal Staff: Danielle Campbell Weiss, Senior Asst. City Attorney -
Virtual
Redevelopment Staff: Sarah Schaefer, Deputy Director, DCI
Erik Glavich, Director of Growth and Opportunity, DCI
Lewis Kouassi, Director of Finance, DCI
Joseph Molnar, Asst. Dir. of Growth and Opp., DCI
Erin Michaels, Property Development Manager, DCI
Allison Doctor, Project Manager, DCI
Laura Hensley, Board Secretary, DCI
Others Present: Greg Swiercz, South Bend Tribune
Matt Barrett, 110 S. Niles Ave.
Marco Mariani, South Bend Heritage
Chloe Barz, Legal Intern
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – July 24, 2025
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Ben Carson, 828 Kerr St.
2. Approval of Minutes
A. Approval of Minutes of the Regular Meeting of Thursday, July 10, 2025
Vice President Relos noted a discrepancy in the minutes. He wanted to
clarify that for the Main St. proposal the garage that will be servicing the
LaSalle Apartments and not the LaSalle Grill. Revisions were made to the
minutes.
Upon a motion by Eli Wax for approval, second by David Relos, the
motion carried unanimously; the Commission approved the minutes of the
regular meeting of July 10, 2025.
3. Approval of Claims
A. Claims Allowances July 8, 2025
Upon a motion by David Relos for approval second by Eli Wax, the motion
carried unanimously; the Commission approved the claims allowances of
July 8, 2025.
4. Old Business
A. None
5. New Business
A. River West Development Area
1. Public Meeting (Adopt Amending Declaratory Resolution for
Residential TIF)
Joseph Molnar, Assistant Director of Growth and Opportunity,
presented both items 5A1 & 5A2 together. On June 12, 2025,
the Redevelopment Commission (RDC) authorized a Notice of Public
Meeting regarding the proposed Lincoln and Kennedy Park Residential
Housing Development Program Allocation Area within the River West
Development Area.
At the July 24, 2025 RDC meeting, Staff will present the Declaratory
Resolution and Plan Amendment. The Commission will vote on
whether to adopt these items, which would initiate the expansion
process and formally establish the new allocation area.
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – July 24, 2025
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If adopted, the expansion process will proceed as follows (dates
subject to change):
• July 24, 2025 – RDC: Adoption of Amending Declaratory
Resolution and Plan Amendment
• August 18, 2025 – South Bend Plan Commission: Approval of
the Amending Declaratory Resolution and Plan Amendment
• August 25, 2025 – South Bend Common Council: Resolution to
approve the Plan Commission Order
• September 11, 2025 – RDC: Public hearing and adoption of the
Confirmatory Resolution
Following approvals by the Plan Commission and Common Council,
public hearing notices will be mailed and published ahead of the
September 11 RDC meeting.
Mr. Molnar provided a detailed explanation of Tax Increment Financing
(TIF) and its role in supporting economic development, infrastructure
projects, community assets, and helping subsidize development
projects in South Bend. He explained that it doesn’t provide much
benefit to having occupied houses within a TIF district. Increased
assessments on existing homes doesn’t generate additional TIF
revenue. Only new construction contributes to the increment captured
by the TIF, which is why it’s most effective in areas targeted for new
development. The accompanying map outlines the proposed
boundaries for the TIF district, clearly showing these neighborhoods.
Vice President Relos asked about two small plots that were not
included and Mr. Molnar explained that those were areas that have
very little vacancies.
A notice was published in the South Bend Tribune on June 13, 2025,
regarding the public hearing to consider adopting an amending
declaratory Resolution for Residential TIF for the Lincoln/Kennedy park
neighborhood.
A Public Hearing regarding the further was opened to the public for
comments and considerations. Lewis Kouassi, Director of Finance
asked why this area was not included when the TIF area was created.
Mr. Molnar stated the River West TIF evolved over time, eventually
absorbing other districts and becoming a consolidation of multiple
TIFs. Also, changes to state law a few years ago made residential TIFs
more advantageous. Previously, this tool wasn’t widely used by the
city, which is why it hadn’t been applied in this area. Although part of
the area was already included in the River West TIF, the recent
legislative changes have made it more beneficial to utilize residential
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – July 24, 2025
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TIFs here. No other comments were made from the public. The Public
Hearing was closed.
2. Resolution No. 3644 and Approve Plan Amendment (Adopt Amending
Declaratory Resolution for Residential TIF)
Upon a motion by Eli Wax for approval, seconded by Ophelia Gooden-
Rodgers, the motion carried unanimously; the Commission approved
Resolution No. 3644 as presented on July 24, 2025.
3. Bid Specifications for Disposition of Property (Taylor, Wayne &
Western Lots)
Erin Michaels, Property Development Manager, presented items 5A3-5
together. The Redevelopment Commission (RDC) currently owns
eleven (11) parcels located within the area bound by Taylor Street,
Wayne Street, and Western Avenue. These parcels were acquired for
the purpose of redevelopment.
Attached Documents:
• Bid Specifications
• Notice of Intended Disposition
• Resolution Establishing Offering Price
These documents mark the beginning of the disposition process
and outline the following conditions for submitting a bid:
• Minimum Bid: $370,500 (based on the average of two
appraisals)
• Bid Deadline: All bids must be submitted by 9:00 AM on August
14, 2025
• Bid Opening: Bids will be publicly opened during the RDC
meeting on August 14, 2025
• Evaluation Criteria: Priority will be given to proposals that align
with and support the goals of nearby businesses, the
surrounding neighborhood, and the Development Plan for the
River West Development Area.
The accompanying slide highlighted the parts of the Western Avenue
Transformation plan that Ms. Michaels feels are replicable to these
parcels. Secretary Wax asked about clarification of the structures
currently on the site. Ms. Michaels stated that there is a fiber hut, rental
home with three (3) apartments, as well as an alley that may need to
be vacated in the future. Commissioner Ellison asked how the site was
zoned and Mr. Molnar stated that it’s currently zoned for a
neighborhood center which allows for mixed uses. Matt Barrett asked
why the project has such a short turnaround time. Mr. Molnar
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – July 24, 2025
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explained that the timeline is based on Indiana state laws and
regulatory guidelines.
Upon a motion by Eli Wax for approval, seconded by David Relos, the
motion carried unanimously; the Commission approved the Bid
Specifications as presented on July 24, 2025.
4. Notice of Intended Disposition of Property (Taylor, Wayne & Western
Lots)
Upon a motion by Eli Wax for approval, seconded by David Relos, the
motion carried unanimously; the Commission approved the Notice as
presented on July 24, 2025.
5. Resolution No. 3645 for Disposition of Property (Taylor, Wayne &
Western Lots)
Upon a motion by Eli Wax for approval, seconded by Ophelia Gooden-
Rodgers, the motion carried unanimously; the Commission approved
Resolution No. 3645 as presented on July 24, 2025.
6. Purchase Agreement TRI-Day (South Bend Heritage)
Joseph Molnar, Assistant Director of Growth and Opportunity,
presented a purchase agreement with South Bend Heritage
Foundation, Inc. for the southern half of the RDC-owned parcel located
at 4022 Old Cleveland Road, located on the Southern half of the parcel
and is approximately 7.5 acres. This is similar in quality and scale to
SB Thrive.
Project Details:
• South Bend Heritage, the long-standing local non-profit
organization plans to construct income-based multi-family
housing with a minimum of 42 units, including 10 units
designated for Permanent Supportive Housing (PSH).
• The project is contingent upon the developer receiving low-
income housing tax credits from the Indiana Housing and
Community Development Authority.
• Tax credit awards are expected to be announced in November
2025.
• If awarded, the developer will:
• Purchase the property for $1,000
• Commitment to a minimum investment of $13.5 million
• Complete the project within 30 months of the construction
commencement date
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – July 24, 2025
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Community Impact:
This development will transform currently vacant land into quality
affordable housing, increasing local housing capacity and providing on-
site supportive services for residents.
Marco Mariani, Executive Director of the South Bend Heritage
Foundation, stated we’re incredibly grateful to South Bend
Heritage and the Board for supporting this effort. Our work on the Low
Barrier Intake Center and this broader project began in 2022–2023, in
partnership with Motels4Now. Through the Corporation for Supportive
Housing’s Institute, we developed a plan to expand permanent
supportive housing. This included forming a team with the City,
Oaklawn, the Health Department, and others to create a Gateway
Center and more affordable housing. The current plan includes 16
buildings—10 units for permanent supportive housing and the rest for
households earning 30–60% of the area median income. South Bend
Heritage Foundation will own, develop, and manage the site. He stated
they have a letter of intent from National Equity Fund as our equity
partner and are working with Merchants Capital on construction
financing. While most developers would limit the number of buildings to
cut costs, we’re committed to building a full neighborhood—because
it’s worth the investment to create a place people truly want to live.
Mr. Mariani explained that the state received about 60 applications this
year and will likely fund 17–19. We’re in a separate set-aside category,
the Housing First Integrated Housing Set-Aside, thanks to our
participation in the Institute and strong team collaboration. We may
face competition from a few similar projects, but our chances are
strong. We have a great track record with IHCDA and a growing
portfolio of over 500 rental units—larger than the Housing Authority’s.
If awarded in November, we’ll move into construction planning and aim
to break ground by early summer 2026. The City is expected to help
with infrastructure, estimated at $3–4 million.
Secretary Wax asked about the purchase price for the entire parcel
and Mr. Molnar stated the total was $800,000. Commissioner Gooden-
Rodgers asked if there were plans for a picnic/playground area for
families and children. Mr. Mariani responded that we already have
something similar on West Washington with playground equipment, it’s
costly, but doable. I’m glad you brought it up, because while there’s a
park near our South Dry City Park development, there’s currently
nothing active or engaging in place there. This could be a great
opportunity to change that.
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – July 24, 2025
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President Warner announced that the City has submitted three LIHTC
applications: (1) TRI-Day, (2) KGC located at Main and Donald Streets,
and (3) a property near Movie 16 on Chippewa Ave.
Commissioner Shaw asked about the competitive advantage and what
the Housing First model means for residents. Mr. Mariani explained
that because they went through the Housing Institute, they qualify for a
special set-aside in the state’s tax credit round—the Housing First
Integrated Housing Set-Aside. This gives them extra points in the
application that most private developers can’t get, since they typically
don’t include permanent supportive housing. As for how it works for
residents: while our project and New Day’s are separate, we
collaborate closely. New Day shelters people now, and when someone
is ready for permanent housing, we work with them and Oaklawn to
transition that person into one of our units. This will continue at the new
site. Oaklawn will also provide on-site support services, including a
peer support specialist, recovery coach, and case manager to help
residents access healthcare and other services.
Upon a motion by Ophelia Gooden-Rodgers, for approval, seconded
by Troy Warner, the motion carried unanimously; the Commission
approved the Purchase Agreement as presented on July 24, 2025.
6. Progress Reports
A. Tax Abatement
Joseph Molnar, Assistant Director of Growth and Opportunity, presented
one (1) tax abatement for a confirming Resolution for KCG at Donald and
Main St.
B. Common Council
President Warner stated that the City will be operating under a tight
budget in the coming years and maybe using TIF funding to supplement.
C. Other
None
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – July 24, 2025
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7. Next Commission Meeting
Thursday, August 14, 2025, 9:30 a.m. at BPW Conference Room 13th Floor
8. Adjournment
Thursday, July 24, 2025, 10:24 a.m.
______________________________ ______________________________
Eli Wax, Secretary Troy Warner, President
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Kyle Willis, City Controller
Date:Tuesday, July 29, 2025
Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and
submit them for allowance in the following amounts:
GBLN-0112702 $212,222.54
GBLN-0113403 $670,908.13
GBLN-0114079 $49,413.65
Total:$932,544.32
_______________________________
Kyle Willis
The attached claims described above were allowed in the following
total amount at a public meeting on the date stated below:
South Bend Redevelopment Commission
By:_______________________________
Name:
Date:
Attest:_______________________________
Name:
Redevelopment Commission Agenda Item
DATE: August 11, 2025
FROM: Caleb Bauer, DCI Executive Director
SUBJECT: New Day Intake Center Agreements
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Specific request: $2,475,686 from River West Development Area
$1,058,937 from River East Development Area
$465,377 from South Side Development Area
Purpose of Request: Appropriation requested to fund a forgivable loan for the development of
the New Day Intake Center on Old Cleveland Road as part of attached development agreement
and real estate purchase agreement, which include development and operational commitments
from the nonprofit. The project would develop a minimum 110-bed lower barrier shelter to
provide homeless services in our community in a permanent, purpose-built space. The
developer is the nonprofit 501c3 New Day Intake Center. These agreements are also
accompanied by an option to purchase the Knight’s Inn site for $1 following completion of the
New Day Intake Center.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (this “Agreement”) is made and entered into by and
between the City of South Bend, Department of Redevelopment, acting by and through its
governing body, the South Bend Redevelopment Commission (“Seller”) and New Day Intake
Center, Inc., an Indiana non-profit corporation, with its registered address being 424 S. Michigan
St., #11162, South Bend, IN 46634 (the “Buyer”) (each a “Party,” and together the “Parties”).
RECITALS
A. Seller exists and operates pursuant to the Redevelopment of Cities and Towns Act
of 1953, as amended, being Ind. Code 36-7-14 (the “Act”).
B. In furtherance of its purposes under the Act, Seller owns the real property
described in Exhibit A attached hereto and incorporated herein (the “Property”).
C. Pursuant to the Act, Seller adopted its Resolution No. 3640 on May 22, 2025,
whereby Seller established a total offering price of Eight Hundred Twenty-Five Thousand Dollars
($825,000.00) (the “Appraised Value”) for certain real estate containing the Property with a
proposed re-use that included plans to construct a homeless shelter on the site.
D. Pursuant to the Act, on May 22, 2025, Seller authorized the publication on May
30, 2025 and June 6, 2025, respectively, of a notice of its intent to sell the certain real estate
containing the Property and its desire to receive bids for the Property on or before June 12, 2025.
E. At its public meeting on June 12, 2025, Seller received zero (0) bids.
F. Buyer is engaged in the services of providing low-barrier emergency shelter and
desires to construct a no less than one hundred and ten (110) bed low barrier homeless intake center
on the Property.
G. Concurrent with the execution of this Agreement, Buyer and Seller are also
entering into a certain Development Agreement whereby Buyer commits to constructing a no less
than one hundred and ten (110) bed low barrier homeless intake center on the Property and comply
with additional terms governing use of the property (the “Development Agreement”).
H. In accordance with Section 22 of the Act, Seller now desires to sell the Property to
Buyer, and Buyer desires to purchase the Property from Seller, on the terms stated in this
Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and conditions
contained in this Agreement, and of other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Buyer and Seller hereby agree as follows:
1. AGREEMENT TO SELL AND PURCHASE; ACCEPTANCE DATE. Seller
shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, pursuant to
the covenants, provisions and other terms and conditions contained in this Agreement. The
Property shall include certain parcels of land described in Exhibit A and the transferable
improvements, fixtures, easements, licenses, permits and all of Seller's other rights, title and
interest appurtenant and otherwise relating thereto. The “Acceptance Date” as referenced
herein from time to time, shall mean the latest date upon which all parties to this Agreement
execute the Agreement and deliver such executed Agreement to all other parties hereto.
2. PURCHASE PRICE; EARNEST MONEY. The purchase price for the Property
shall be One Thousand Dollars ($1,000.00) (the “Purchase Price”), payable by Buyer to Seller
in cash at the closing described in Section 7 below. Buyer shall submit to Seller earnest money
in the amount of One Hundred Dollars ($100.00) (the “Earnest Money”) on or before the
Acceptance Date. Seller will hold such Earnest Money unless and until it is to be disposed in
accordance with the terms of this Agreement and will bear no interest for any period of time.
The Earnest Money shall be refundable until the expiration or waiver of Buyer’s Contingency
(as defined in Section 4(c) below), at which time the Earnest Money shall be non-refundable,
except as provided herein, but shall remain applicable to the Purchase Price at Closing (as
defined below).
3. PROPERTY INFORMATION; CONTRACTS. Within fifteen (15) days of the
Acceptance Date, Seller shall provide Buyer, to the extent not previously provided, and to the
extent in Seller's possession or control, copies of any and all reports, contracts, leases,
guaranties, warranties, and surveys relating to the Property or relevant to a reasonable Buyer's
determination whether to purchase the Property (the “’Property Information”). Seller further
agrees to deliver promptly to Buyer copies of any additional Property Information that Seller
obtains prior to Closing. Prior to Closing, Seller shall terminate any and all property
management, maintenance, lawn care, snow plowing and other contracts and agreements
relating to the Property, unless Buyer has consented to the continuation of any such contract or
agreement.
4. INVESTIGATION; BUYER’S CONTINGENCY; INDEMNIFICATION;
INSURANCE.
A. Seller acknowledges that Buyer contemplates acquiring the Property for
Buyer’s intended use of the Property as a no less than one hundred and ten (110) bed
low barrier homeless intake center (the “Intended Use”). From and after the Acceptance
Date, and upon Buyer providing Seller with evidence that Buyer has commercial general
liability insurance reasonably acceptable to Seller in the amount of at least One Million
Dollars ($1,000,000.00) per occurrence, Buyer and its agents shall have the right, but no
obligation, at its sole cost: (i) to enter upon the Property to conduct the tests, inspections,
studies, assessments and investigations contemplated under this Agreement at any time and
from time to time (collectively, “Tests”); and (ii) to make such Tests of the Property and
information with respect to the Property, the Intended Use and/or this Agreement, all as
Buyer may deem desirable, including, without limitation: [a] any environmental
assessment, evaluation or study (including a “Phase I” environmental site assessment); and
[b] topographic, engineering, traffic, parking and other feasibility studies.
Notwithstanding the foregoing, Buyer will not conduct any invasive Tests, including,
without limitation, Phase II environmental assessments or soil borings, without Seller's
prior written consent, which consent shall not be unreasonably withheld or delayed. Buyer
shall conduct all Tests at a time and in a manner as to reasonably minimize interference
with Seller's operation on or about the Property and any neighboring properties. Buyer
shall indemnify, defend and hold Seller, its officials, members, employees, agents,
contractors, lessees, licensees, invitees, successors and assigns harmless from any and all
liabilities, claims, damages and expenses (including attorneys’ fees, court costs, and costs
of investigation) arising out of or in connection with the Tests or the entry on to the
Property by Buyer or its agents. From and after the Acceptance Date, Seller agrees that
Seller shall, at the request of Buyer and without cost to Seller, cooperate with Buyer in
connection with any and all private and governmental approvals, rezoning, land
subdivisions and other matters necessary for Buyer's Intended Use.
B. If at any time on or before December 31, 2025 (the “Contingency Date”),
Buyer determines, for any reason, in Buyer’s sole discretion, that the Property or the
transaction described herein is unacceptable to Buyer, then Buyer shall have the right to
terminate this Agreement by giving written notice of termination to Seller at any time on
or before the Contingency Date in which event, at Buyer’s election, all Earnest Money
shall be returned to Buyer (“Buyer's Contingency”). Any failure by Buyer to give such
notice shall constitute an election by Buyer to not so terminate, in which event Buyer’s
right to terminate this Agreement shall be deemed to have been waived. Following any
termination of this Agreement, the parties shall be relieved of any further obligations or
liabilities under this Agreement, except those obligations that expressly survive
termination hereof. Notwithstanding the foregoing, the Parties may proceed to Closing
prior to the Contingency Date described in this Section if mutually agreed to in writing.
C. In anticipation of performing its obligations under Section 9 below, Buyer
will prepare plans and specifications for constructing a new building on the Property and
all other related improvements (collectively, the “Property Improvements”), including
plans and specifications for the manner in which the new building will be designed (the
“Construction Plan”). Buyer agrees to cooperate with the Executive Director, or his
designee, of the City’s Department of Community Investment in developing its
Construction Plan. Seller shall have the right to inspect the Property during the construction
period to ensure consistency with the approved design and plans.
5. TITLE INSURANCE; SURVEY. Within thirty (30) days of the Acceptance
Date, Seller, at Buyer’s sole cost, shall deliver a written commitment by a title insurance
company selected by Buyer (the “Title Company”) to issue to Buyer a current ALTA Form
owner’s policy of title insurance with respect to the Property in an amount determined by Buyer
(the “Title Commitment”). Buyer shall have the right to obtain, at Buyer’s sole cost, a new or
updated survey, in a form determined by Buyer (the “Survey”). Seller's special warranty of
title set forth in the deed and Seller’s other representations and warranties, if any, with respect
to the Property shall be subject to all exceptions set forth elsewhere in this Agreement and all
matters disclosed on the Title Commitment or Survey including, without limitation, all
easements, covenants, conditions, restrictions, requirements, standard exceptions and special
exceptions, except for monetary liens which will be paid out of Closing. If the Title
Commitment or Survey discloses any matters unacceptable to Buyer, in Buyer's sole discretion,
(the “Title Defects”), Buyer shall notify Seller of such Title Defects no later than ninety (90)
days before the Contingency Date. If Seller fails to correct the Title Defects to Buyer's
satisfaction in advance of the Contingency Date, Buyer may (a) terminate this Agreement upon
written notice to Seller and all Earnest Money shall be returned to Buyer, or (b) waive Buyer’s
objection to such Title Defects and take title subject to the same. Any title exceptions contained
on the Title Commitment and not objected to by Buyer in accordance with this Section 5, or a
title exception that shall be objected to initially, but such objection thereto is later waived or
acquiesced to by Buyer, shall be deemed a “Permitted Exception” hereunder.
6. ADDITIONAL REPRESENTATIONS AND WARRANTIES OF SELLER.
A. Seller hereby represents and warrants to Buyer that all of the following are
true, correct and complete on and as of the date hereof, and shall continue to be true, correct
and complete as of the Closing Date:
1. Seller has no actual knowledge of (i) any orders from or
agreements with any governmental authority or private party or any judicial or
administrative proceedings or investigations, whether pending or threatened,
respecting any environmental, health or safety requirements under federal,
state or local laws or regulations relating to the Property, or (ii) any pending,
asserted or threatened claims or matters involving material liabilities,
obligations or costs arising from the existence, release or threatened or alleged
release of any Hazardous Substances at, on or beneath the Property.
“Hazardous Substances” shall mean any hazardous or toxic material,
substance or waste, pollutant or contaminant which is defined as a hazardous
substance or hazardous waste under any Environmental Laws (as defined
below).
2. No notice from any governmental body or other person has been
served upon Seller or upon the Property claiming the violation of any law or
any building, zoning, environmental, health or other ordinance, code, rule or
regulation relating to the Property. There are no legal actions, suits or
administrative proceedings, including condemnation cases or eminent domain
proceedings commenced, pending or threatened against the Property or any
portion thereof. Seller has not received notice of any negotiations for purchase
in lieu of condemnation relating to the Property or any portion thereof.
a. Seller is not a party to any agreement or commitment to sell,
convey, assign, transfer, provide rights of first refusal or other similar
rights with respect to, or otherwise dispose of, any part of the Property or
any interest therein other than this Agreement. Neither Seller nor any
person or entity claiming by, through or under Seller has done or suffered
anything whereby any lien, encumbrance, claim or right of another has
been created against the Property or any portion thereof or any interest
therein other than this Agreement, the Permitted Exceptions and possible
construction or materialmen's lien claims arising out of work performed
by or on behalf of Seller which will be removed at or before the Closing.
b. There is no action, proceeding or investigation pending or to the
best of Seller's knowledge, threatened against Seller or with respect to the
Property or any portion thereof before any court or governmental or quasi-
governmental department, commission, board, agency or instrumentality.
c. The signatories to this Agreement on behalf of Seller have full
right, power and authority to enter into this Agreement and to consummate
the transactions contemplated herein. This Agreement is valid and
enforceable against Seller in accordance with its terms. Each instrument
to be executed by Seller pursuant hereto or in connection herewith will,
when executed and delivered, be valid and enforceable in accordance with
its terms.
d. The accuracy of all Seller representations and warranties
contained in this Agreement shall be a condition to Buyer's obligations
under this Agreement, which condition will be merged at the time of, and
will not survive, the Closing. If any of the representations or warranties
contained in this Agreement is untrue in any material respect and is not
cured (at no cost to Buyer) prior to the scheduled Closing, then Buyer may
elect to (i) purchase the Property as it then is or, (ii) terminate this
Agreement and, anything in this Agreement to the contrary
notwithstanding, receive a refund of all Earnest Money.
e. Except as specifically set forth in this Agreement, Buyer agrees to
purchase the Property “as-is, where-is” and without any representations or
warranties by Seller as to the condition of the Property or its fitness for
any particular use or purpose. Except as specifically set forth in this
Agreement, Seller offers no such representation or warranty as to the
Property’s condition or fitness, and nothing in this Agreement will be
construed to constitute such a representation or warranty as to the
Property’s condition or fitness.
7. CLOSING.
A. Provided that all conditions of closing hereunder have been satisfied or
waived, the closing of the transaction described herein (the “Closing”) shall occur at the
offices of the Title Company on the Closing Date. The “Closing Date” shall be a mutually
agreeable date not later than sixty (60) days after the Contingency Date.
B. The following shall occur on or before the Closing Date:
1. Seller shall deliver all of the following to Buyer, all of which shall be fully
executed by Seller, as appropriate:
a. A special warranty deed in the form attached hereto as Exhibit B
sufficient to convey and warrant to Buyer fee simple absolute title to the
Property, to extent such title is affected by Seller’s actions, subject only to the
Permitted Exceptions (the “Special Warranty Deed”), which Special Warranty
Deed will restrict Buyer’s use of the Property to the Intended Use and other
uses as allowed by this Agreement, articulate the Seller’s right to re-enter and
re-take possession of the Property the event of default as set forth in this
Agreement, and will prohibit Buyer from discriminating in the sale, lease,
rental, use, occupancy, or enjoyment of the Property or any improvements
constructed on the Property;
b. An affidavit of title in customary form covering the Closing Date
and showing title in Seller, subject only to the Permitted Exceptions;
c. Any required real estate sale disclosure;
d. Such other documents as may be necessary or proper to comply
with this Agreement or required (by the Title Company or otherwise) to carry
out its terms.
2. Buyer shall deliver all of the following to Seller, all of which shall be fully
executed by Buyer, as appropriate:
a. The balance of the Purchase Price, plus or minus prorations,
credits and other adjustments, by wire transfer or otherwise in immediately
available funds;
b. Any required real estate sale disclosure;
c. Such other documents as may be necessary or proper to comply
with this Agreement or required to carry out its terms.
3. Seller shall cause the Title Company to issue to Buyer at Closing a current
ALTA Form owner's policy of title insurance, with extended coverage, pursuant to
the Title Commitment and containing all amendments and endorsements required
by this Agreement or otherwise reasonably required by Buyer, which policy and
endorsements shall be at Buyer's sole cost, and which shall only be subject to the
Permitted Exceptions.
4. Exclusive occupancy of the Property shall be delivered to Buyer at
Closing, except for the continuation of any installations, equipment, or access by
personnel upon the Property that Seller or Seller’s representatives or contractors
may require in connection with carrying out Seller’s review of the progress of the
construction of the Property Improvements, in accordance with the terms of this
Agreement or the Local Public Improvements and related work as set forth in the
Development Agreement.
8. PRORATIONS; REAL ESTATE TAXES AND ASSESSMENTS; CLOSING
COSTS.
A. Buyer, and Buyer’s successors and assigns, shall be liable for any and all
real property taxes and assessments assessed and levied against the Property with respect
to the year in which the Closing takes place and for all subsequent years. Seller shall have
no liability for any real property taxes or assessments associated with the Property, and
nothing in this Agreement shall be construed to require the proration or other
apportionment of real property taxes or assessments resulting in Seller’s liability therefor.
B. At Closing, Seller shall pay the costs of releasing all liens, judgments, and
other encumbrances that are to be released and of recording such releases. At Closing,
Buyer shall pay (i) all fees and costs due Title Company for its closing, document
preparation, and/or escrow services, (ii) the cost of the premium for the Title Policy and all
endorsements to the Title Policy (iii) the cost of the Survey, (iv) the cost of any lender’s
policy of title insurance or endorsements thereto, and (v) the cost of recordation of any
instrument associated with the transaction contemplated in this Agreement, except as
provided in the foregoing sentence. Except as otherwise provided for in this Agreement,
Seller and Buyer will each be solely responsible for and bear all of their own respective
expenses, including, without limitation, expenses of legal counsel, accountants, and other
advisors incurred at any time in connection with pursuing or consummating the transaction
contemplated herein. Any other closing costs not specifically designated as the
responsibility of either party in this Agreement shall be paid by Buyer.
9. BUYER’S POST-CLOSING DEVELOPMENT OBLIGATIONS; CHANGE
OF INTENDED USE.
A. Property Redevelopment; Proof of Investment. Provided Closing occurs,
within twelve (12) months after the Closing Date, Buyer must commence construction and
redevelopment of the Property for the Intended Use and shall provide Seller with such
commencement date (the “Construction Commencement Date”). Buyer shall expend an
amount (including hard and soft costs) of not less than Ten Million Dollars ($10,000,000)
to complete the Property Improvements to redevelop the Property for the Intended Use, not
including the Funding Amount as defined in the Development Agreement (the “Minimum
Investment”). Promptly upon completing the Property Improvements, Buyer will submit
to Seller records proving the above required expenditures and will provide Seller copies of
the certificate(s) of occupancy for the Property Improvements. Buyer shall permit Seller
to perform reviews and monitor the progress of the construction of the Property
Improvements. The Property Improvements shall be completed within thirty (36) months
of the Construction Commencement Date (the “Completion Date”). Buyer’s failure to
complete the Property Improvements or expend the Minimum Investment by the
Completion Date shall constitute a default under this Agreement without any requirement
of notice of or an opportunity to cure such failure.
B. HOME-ARP Compliance. It is anticipated that Buyer will be selected as
a subrecipient of a certain HOME American Rescue Plan (HOME-ARP) Non-Congregate
Shelter Development funds, granted under CDFA 14.239, HOME Investment Partnership
Program, Department of Housing and Urban Development, Office of Community Planning
and Development, Grant Number M-21-DP-18-0208. (the “HOME-ARP Grant”).
Provided the HOME-ARP Grant is awarded to Buyer as anticipated, as further
consideration under this Agreement, Buyer affirms and agrees that it shall be bound by and
shall comply with all requirements set forth in the HOME-ARP Grant for the entirety of
the fifteen (15) year restricted use and compliance period.
C. Certificate of Completion. Following Buyer’s completion of the Property
Improvements and expenditure of the Minimum Investment with Seller’s reasonable
satisfaction in accordance with the terms of Section 9.A. above, and upon successful
completion of the end of 15-year restricted use and compliance period for the HOME-ARP
Grant, in accordance with the terms of Section 9.B above, upon Buyer’s request, Seller will
issue to Buyer a certificate acknowledging such completion (the “Certificate of
Completion”). Seller and Buyer agree to record the Certificate of Completion immediately
upon issuance, and the Buyer will pay the costs of recordation.
D. Change of Intended Use. Buyer covenants and agrees that neither Buyer
nor any of Buyer’s successors or assigns will change its use of the Property from the
Intended Use of the Property defined above without obtaining Seller’s prior consent to such
change in writing.
10. DEFAULT.
A. If Seller defaults under this Agreement, Buyer shall have any and all
remedies available to it under this Agreement and otherwise at law or in equity including,
without limitation: (i) the right of specific performance; (ii) the right to terminate this
Agreement at any time after such default by delivering written notice of termination to
Seller; and/or (iii) the right to sue for damages, provided, however, that in no event shall
Seller be liable for more than One Thousand Dollars ($1,000.00) in damages. In the event
of any such termination, all Earnest Money shall be immediately returned to Buyer. All of
Buyer's remedies shall be cumulative and not exclusive.
B. If Buyer defaults under this Agreement, Seller shall have the right to re-
enter and take possession of the Property and to terminate and revest in Seller the estate
conveyed to Buyer at Closing and all of Buyer’s rights and interests in the Property without
offset or compensation for the value of any improvements made by Buyer.
C. Attorneys’ Fees. In the event either Party pursues any legal action
(including arbitration) to enforce or interpret this Agreement, each Party shall bear its own
attorneys’ fees and other costs and expenses (including expert witness fees).
11. COVENANTS OF SELLER. Between the date of this Agreement and the
Closing Date, Seller shall:
A. not, without first obtaining the written consent of Buyer, enter into any
leases, contracts or other agreements, nor grant or permit any rights to any other party,
pertaining to the Property or any portion thereof, except in relation to Seller’s performance
of ongoing demolition work or other Local Public Improvements and related work set forth
in the Development Agreement at the Property, if any;
B. comply with all private and governmental laws, rules, ordinances,
regulations, covenants, conditions, restrictions, easements, liens and agreements affecting
the Property or any portion thereof including, without limitation, the use thereof; and
C. comply with all requirements of the Title Company in connection with its
insurance of fee simple title to the Property in Buyer as required under Section 5 hereof
and elsewhere herein.
12. NOTICES.
A. All notices, demands and communications required or which either party
desires to give or make hereunder shall be effective (at the time set forth in Section 12(B))
if in writing signed by or on behalf of the party giving or making the same, and if
served/delivered to the addresses and/or fax numbers set forth below and in any of the
following manners: (i) personally; (ii) by United States certified mail, return receipt
requested; or (iii) by a national courier service for next business day delivery.
To Seller: City of South Bend Department of Community Investment
Attn: Executive Director
County-City Building, Suite 1400 S.
227 W. Jefferson Blvd.
South Bend, IN 46601
Telephone: 574-235-9337
With a copy to: City of South Bend Legal Department
Attn: Corporation Counsel
County-City Building, Suite 1200 S.
227 W. Jefferson Blvd.
South Bend, IN 46601
To Buyer: New Day Intake Center, Inc.
Attn: Sheila McCarthy
PO Box 11162
South Bend, IN 46634
With a copy to: Sopko, Nussbaum, Inabnit & Kaczmarek
Attn: Richard A. Nussbaum II
210 S. Michigan St
Suite 500
South Bend, IN 46601
Email: DickN@sni-law.com
B. Notices given personally shall be deemed to have been given upon receipt.
Notices mailed by United States mail shall be deemed to have been given on the third
business day after the date of mailing or upon receipt by either party if a written receipt is
signed therefor. Notices sent by United States mail or national courier service for next day
or next business day delivery shall be deemed to have been given on such next day or next
business day, as the case may be, following deposit. Either Party hereto may change its
address for the service as aforesaid by giving written notice to the other of such change of
address in accordance with the provision of this Section 12.
13. MISCELLANEOUS.
A. This written Agreement constitutes the entire agreement between the
parties and supersedes any prior oral or written agreements between the Parties regarding
the Property. There are no verbal agreements which can or will modify this Agreement
and no waiver of any of its terms will be effective unless in a writing executed by the
Parties.
B. The Parties acknowledge and agree that Buyer’s project on the Property is
a private development and hereby renounce the existence of any form of agency
relationship, joint venture, or partnership between Buyer and Seller and agree that nothing
contained herein or in any document executed in connection herewith shall be construed
as creating any such.
C. No member, official, or employee of Seller or the City of South Bend,
Indiana may have any personal interest, direct or indirect, in this Agreement, nor shall any
such member, official, or employee participate in any decision relating to this Agreement
which affects his or her personal interests or the interests of any corporation, limited
liability company, partnership, or association in which he or she is, directly or indirectly,
interested. No member, official, or employee of Seller or the City of South Bend, Indiana
shall be personally liable to Buyer, or any successor in interest, in the event of any default
or breach by Buyer or for any amount which may become due to Buyer, or its successors
and assigns, or on any obligations under the terms of this Agreement.
D. Buyer and Seller represent and warrant to one another that neither has
engaged or dealt with any broker or other person who would be entitled to any brokerage
fee or commission with respect to the finding, negotiation or execution of this Agreement
or the consummation of the transactions contemplated hereby.
E. This Agreement shall be construed and enforceable in accordance with the
laws of the State of Indiana. Any action to enforce the terms or conditions of this
Agreement or otherwise concerning a dispute under this Agreement will be commenced in
the courts of St. Joseph County, Indiana, unless the parties mutually agree to an alternative
method of dispute resolution. Both parties hereby waive any right to trial by jury with
respect to any action or proceeding relating to this Agreement.
F. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns. Nothing in this Agreement,
express or implied, is intended or shall be construed to confer upon any person, firm, or
corporation other than the parties hereto and their respective successors or assigns, any
remedy or claim under or by reason of this Agreement or any term, covenant, or condition
hereof, as third-party beneficiaries or otherwise, and all of the terms, covenants, and
conditions hereof shall be for the sole and exclusive benefit of the parties herein. Buyer
may not assign its rights and obligations under this Agreement without Seller's prior written
consent. In the event Buyer wishes to obtain Seller’s consent regarding a proposed
assignment of this Agreement, Seller may request, and Buyer shall provide, any and all
information reasonably demanded by Seller in connection with the proposed assignment
and/or the proposed assignee. The unenforceability or invalidity of any provisions hereof
shall not render any other provisions herein contained unenforceable or invalid.
G. It is the intent of Buyer and Seller that this Agreement shall be binding on
both parties and not illusory. Buyer and Seller acknowledge that Buyer and Seller will
expend significant time, effort and expense in performing their respective obligations under
this Agreement, which constitutes legally adequate consideration.
H. If any term or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of
this Agreement shall continue in full force and effect unless amended or modified by
mutual consent of the Parties.
I. This Agreement and any and all documents and signatures relating thereto
may be transmitted by electronic mail. All such documents and signatures transmitted by
electronic mail shall deemed to be originals. This Agreement may be executed in any
number of counterparts, all of which shall constitute one and the same agreement.
J. Time is of the essence as to all terms and conditions of this Agreement.
K. Sections 9, 10, 12, and 13 shall survive the termination of this Agreement.
[Signatures on the following page(s)]
IN WITNESS WHEREOF, the Parties have signed this Real Estate Purchase Agreement
to be effective as of the date last set forth below.
SELLER:
SOUTH BEND REDEVELOPMENT
COMMISSION
Dated this ___ day of _____, 2025. __________________________________
Troy Warner, President
ATTEST:
__________________________________
Eli Wax, Secretary
BUYER:
NEW DAY INTAKE CENTER, INC.
an Indiana non-profit corporation
By: ___________________________
Printed: ___________________________
Title: ___________________________
Dated this _____ day of _____, 2025.
Exhibit A
Description of Property
Tax ID No. The northern half of 71-03-28-100-004.000-009 subtracting out a 60' wide section for
access to the southern half of the lot equating to an estimated 7.02 acres
Parcel Key No. The northern half of 025-1010-0380 equating to an estimated 7.02 acres
Legal Description: The northern half of 14.93 Ac S Side Cleveland Rd Beg 165' W Of Ne Cor
Nw Sec 28-38-2e equating to an estimated 7.02 acres to be subdivided prior to closing
Commonly known as: 4022 Old Cleveland Road
Exhibit B
Form of Special Warranty Deed
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AUDITOR’S RECORD
TRANSFER NO.__________
TAXING UNIT___________
DATE___________________
KEY NO. _________________
SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that the City of South Bend, Department of Redevelopment,
by and through its governing body, the South Bend Redevelopment Commission, 1400 S. County-
City Building, 227 W. Jefferson Boulevard, South Bend, Indiana (the “Grantor”)
CONVEYS AND SPECIALLY WARRANTS to New Day Intake Center, Inc., an Indiana non-
profit corporation, with its registered address being 424 S. Michigan St., #11162, South Bend, IN
46634 (the “Grantee”), for and in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the following real
estate located in St. Joseph County, Indiana (the “Property”):
Tax ID No. The northern half of 71-03-28-100-004.000-009 subtracting out a 60' wide
section for access to the southern half of the lot equating to an estimated 7.02 acres
Parcel Key No. The northern half of 025-1010-0380 equating to an estimated 7.02 acres
Legal Description: The northern half of 14.93 Ac S Side Cleveland Rd Beg 165' W Of Ne
Cor Nw Sec 28-38-2e equating to an estimated 7.02 acres to be subdivided prior to closing
Commonly known as: 4022 Old Cleveland Road
[Exact property information to be updated following the subdivision process]
Grantor, as its sole warranty herein, specially warrants to Grantee, and to Grantee’s
successors and assigns, that Grantor will forever defend title to the Property against those claims,
and only those claims, of all persons who shall claim title to or assert claims affecting the title to
the Property, or any part thereof, under, by or through, or based upon the acts of Grantor, but not
otherwise, subject to the all current, non-delinquent real estate taxes and assessments.
Grantor and Grantee covenant and agree that Grantor conveys the Property to Grantee
subject to the requirement that Grantee, and its successors and assigns, may use the Property solely
for (i) purposes consistent with lower-barrier emergency housing ; and (ii) any other use consented
to in writing by Grantor, and Grantee shall not discriminate in the lease, rental, use, occupancy, or
enjoyment of the Property or any improvements constructed on the Property. This restriction will
at all times be subject to any mortgages recorded against the Property, and any foreclosure or deed
in lieu of foreclosure with regard to any such mortgage shall automatically without further action
terminate this restriction.
Pursuant to Section 9 of the Real Estate Purchase Agreement, the Grantor conveys the
Property to the Grantee by this deed subject to certain conditions subsequent. In the event that
Grantee fails to perform the Property Improvements or other post-closing development obligations
set forth in Section 9, or satisfactorily to prove such performance, then in accordance with Section
10 of the Real Estate Purchase Agreement, the Grantor shall have the right to re-enter and take
possession of the Property and to terminate and revest in the Grantor the estate conveyed to the
Grantee by this deed and all of the Grantee’s rights and interests in the Property without offset or
compensation for the value of any improvements to the Property made by the Grantee. The
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recordation of a Certificate of Completion in accordance with Section 9 of the Real Estate Purchase
Agreement will forever release and discharge the Grantor’s reversionary interest stated in this
paragraph.
Each of the undersigned persons executing this deed on behalf of the Grantor represents
and certifies that s/he is a duly authorized representative of the Grantor and has been fully
empowered, by proper action of the governing body of the Grantor, to execute and deliver this
deed, that the Grantor has full corporate capacity to convey the real estate described herein, and
that all necessary action for the making of such conveyance has been taken and done.
[Signature page follows.]
3
GRANTOR:
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
______________________________
Troy Warner, President
ATTEST:
______________________________
Eli Wax, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, 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 and acknowledged the execution of the foregoing
Special Warranty Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the _____ day of ______________, 20____.
My Commission Expires: ____________________________________
Notary Public
_______________________ Residing in St. Joseph County, Indiana
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. /s/ Danielle Campbell Weiss
This instrument was prepared by Danielle Campbell Weiss, Senior Assistant City Attorney, 1200 S. County-
City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601.
1
OPTION TO PURCHASE AGREEMENT
THIS EXCLUSIVE OPTION TO PURCHASE AGREEMENT (the “Option Agreement”) is
made and entered into by and between the South Bend Redevelopment Commission, governing body
of the South Bend Department of Redevelopment (“Commission”), Our Lady of the Road,
Incorporated, an Indiana non-profit corporation, with its registered address being 424 S. Michigan
St., #11162, South Bend, IN 46634 (“OLR”), and New Day Intake Center, Inc., an Indiana non-profit
corporation with its registered address being 424 S. Michigan St., #11162, South Bend, IN 46634
(“NDIC”) (the Commission, OLR, and NDIC are each sometimes referred to herein as a “Party” or
collectively as the “Parties”).
PRELIMINARY STATEMENT
OLR is the owner of certain real estate, as more particularly described in Exhibit 1 to this
Option Agreement (the “Option Property”). NDIC and OLR are separate 501(c)(3) organizations
with complementary missions and overlapping leadership. The Commission and NDIC have
entered into a certain Purchase Agreement dated August 14, 2025 (the “Purchase Agreement”)
through which the Commission has agreed to sell to NDIC certain other real estate (the “Project
Property”) for the intended use as a Lower-Barrier Shelter (the “Project”). The Commission and
NDIC have also entered into a certain Development Agreement dated August 14, 2025 (the
“Development Agreement”) relating to NDIC’s construction of the Project and the Commission’s
contribution of funding towards the Project.
NDIC currently operates a lower-barrier emergency shelter at the Option Property. Upon
the completion of the Project, the Parties intend for the current operations at the Option Property
to transition to the Project Property, at which point the Commission shall be entitled to an exclusive
option to purchase the Option Property (“Option”), if certain conditions are present, and, in the
event of said exercise of said Option, OLR and its successors and assigns agrees to sell the Option
Property to the Commission, upon the terms and conditions hereinafter set forth. Unless otherwise
specified herein, all capitalized terms have the meaning set forth in the Development Agreement.
In consideration of the mutual promises contained in this Option Agreement, the Parties
agree to the following:
AGREEMENT
1. Exclusive Option to Purchase. OLR hereby grants the Commission the exclusive
Option to purchase the Option Property, subject to the terms and conditions set forth herein. The
Option shall commence upon the earliest of the following events:
(a) The Mandatory Project Completion Date in the Development Agreement;
(b) The date the Project is completed under the Development Agreement, as evidenced by
the issuance of Certificates of Occupancy; or
(c) A default by NDIC under the Development Agreement, including any material breach,
failure to perform, or event of default defined in the Development Agreement, and
which remains uncured beyond any applicable cure period (see waiver in Section 13).
Once triggered, the Option shall remain in effect for a period of five (5) years, unless extended by
2
mutual written agreement of the Parties (the “Option Period”). The Parties agree that the
consideration for this Option shall be the Commission’s payment of the Funding Amount as set
forth in the Development Agreement (the “Option Payment”). If the Commission does not exercise
the Option within the Option Period, all rights under this Option Agreement shall terminate, and
NDIC shall retain any Option Payment paid as consideration for granting the Option.
2. Exercise of Option. Commission may exercise the Option by giving notice to OLR
in writing during the Option Period in the manner provided for the giving of notices in Section 11
of this Option Agreement.
3. Purchase Price. In the event of exercise, the Commission shall purchase from OLR
and OLR shall sell to the Commission, the Property for the purchase price of One Dollar ($1.00),
as well as any costs typically paid by the seller at closing, including but not limited to taxes, closing
costs, and transfer fees (the “Purchase Price”).
4. Permitted Sale to NDIC. Notwithstanding any other provision of this Option
Agreement, OLR may, upon providing advance written notice to the Commission at least thirty
(30) days prior to the conveyance, convey the Option Property to NDIC at any time prior to
Commission’s exercise of this Option. In the event of such conveyance, the Commission’s rights
and obligations under this Option Agreement shall remain in full force and effect and shall be
binding upon NDIC, who shall assume all obligations of OLR under this Option Agreement. The
Commission acknowledges and agrees that this Option shall not prevent or restrict OLR from
conveying the Option Property to NDIC, and NDIC expressly agrees to be bound by the terms of
this Option Agreement in the event of a conveyance under this Section. However, OLR shall not
be entitled to convey the Option Property to any other party from the Effective Date to the end of
the Option Period.
5. Purchase Agreement and Closing. If the Option is exercised, the Commission and
OLR will promptly negotiate the terms of a purchase agreement for the Property, which shall
include the Purchase Price and shall specify that the Commission shall accept Property described
in Exhibit 1, as-is with all faults. The Commission and its counsel shall be responsible for
preparing the initial draft of the purchase agreement, which will be in a form customary for
transactions of similar scope and significance to the Parties and, with the exception of the
foregoing, will include customary representations, warranties, indemnities, covenants, customary
conditions of closing and other customary matters. At closing, OLR shall deliver a warranty deed
free and clear of all encumbrances excepting and subject to all legal highways, applicable zoning
ordinances, and easements of record and real estate taxes and assessments prorated in accordance
with local custom.
6. Recording of Memorandum. The Parties shall concurrently herewith execute,
record, and place of record a memorandum of this Option Agreement, in the form attached hereto
as Exhibit 2, in the office of the County Recorder of St. Joseph County, Indiana.
7. Governing Law and Jurisdiction. This Option Agreement will be governed by
Indiana law, without regard to principles of conflicts of law. Any dispute between the Parties shall
be heard in any court of competent jurisdiction in St. Joseph County, Indiana.
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8.Benefit of the Parties. This Option Agreement is made solely for the benefit of the
Parties, and no one else shall acquire or have any right under (or by virtue of) this Option
Agreement.
9.Binding Effect; Assignment. This Option Agreement shall be binding upon and
inure to the benefit of the Parties and to their respective successors and assigns. The rights and
obligations contained in this Option Agreement shall not be assigned by any Party, except that
OLR may assign its rights and obligations hereunder to NDIC.
10. Amendment. This Option Agreement may only be amended or modified as may be
agreed upon in writing by all Parties.
11.Notices. All notices and other communications hereunder shall be in writing and
shall be furnished by hand-delivery or by registered or certified mail to the Parties at the addresses
set forth below, which may be updated by the Parties from time to time. Any such notice shall be
duly given upon the date it is delivered to the addresses shown below, addressed as follows:
If to the Commission, to:
South Bend Redevelopment Commission
c/o Department of Community Investment
227 W. Jefferson Blvd., Suite 1400 S.
South Bend, IN 46601
Attn: Executive Director
With a copy to:
City of South Bend Department of Law
227 W. Jefferson Blvd., Suite 1200 S.
South Bend, IN 46601
Attn: Corporation Counsel
If to OLR, to:
Our Lady of the Road, Incorporated
PO Box 4375
South Bend, IN 46634
Attn: Jonathan Schommer
With a copy to:
THK Law, LLP
212 E. LaSalle Ave.
Suite 100
South Bend, IN 46617
Attn: Jay Lewis
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If to NDIC:
New Day Intake Center, Inc.
PO Box 11162
South Bend, IN 46634
Attn: Sheila McCarthy
With a copy to:
Sopko, Nussbaum, Inabnit & Kaczmarek
Attn: Richard A. Nussbaum II
210 S. Michigan St
Suite 500
12.Severability. If any term, provision, covenant or restriction contained in this Option
Agreement that is intended to be binding and enforceable is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants
and restrictions contained in this agreement shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
13.Waiver. Neither the failure nor any delay on the part of a Party to exercise any right,
remedy, power, or privilege under this Option Agreement shall operate as a waiver thereof, nor
shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or
further exercise of the same or of any right, remedy, power, or privilege with respect to any
occurrence shall be construed as a waiver of any such right, remedy, power, or privilege with
respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed
by the party asserted to have granted such waiver. Notwithstanding the foregoing, each Party
irrevocably waives any present or future objection to the exercise of the Option triggered by a
default under the Development Agreement (as defined in Section 1). This specific waiver shall
survive termination of this Option Agreement and be enforceable independently of the general
waiver provisions above.
14.Authority; Legal Representation. Each undersigned person executing and delivering
this Option Agreement on behalf of a Party represents and certifies that he or she is the duly
authorized officer or representative of such Party, that he or she has been fully empowered to
execute and deliver this Option Agreement on behalf of such Party, and that all necessary action
to execute and deliver this Option Agreement has been taken by such Party. Each Party
acknowledges it has had the opportunity to consult with independent legal counsel of its choice
regarding the terms and conditions of this Option Agreement prior to its execution.
15.Time. Time is of the essence of this Agreement.
16.Entire Agreement. The Parties acknowledge that upon final execution of this Option
Agreement, all previous statements, proposals, offers and information and any oral statements or
5
understandings are hereby rendered void, null, and of no legal consequence in connection with the
subject matter hereof and that this Option Agreement represents an expression of the entire
agreement between the Parties with respect to the subject matter hereof and supersedes all prior
or contemporaneous written or oral agreements or understandings of any kind between the Parties
with respect to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase
Agreement on the 14th day of August 2025 (the “Effective Date”).
SOUTH BEND REDEVELOPMENT COMMISSION
______________________________
Troy Warner, President
ATTEST:
______________________________
Eli Wax, Secretary
OUR LADY OF THE ROAD, INCORPORATED
______________________________
Jonathan Schommer, Executive Director
NEW DAY INTAKE CENTER, INC.
______________________________
Sheila McCarthy, Executive Director
EXHIBIT 1
Option Property Description
Tax ID No. 018-2193-724804
Parcel Key No. 71-08-04-226-002.000-026
Legal Description: LOT 1 ARBORGATE INN
Commonly known as: 3233 Lincoln Way W., South Bend, IN 46628
EXHIBIT 2
Memorandum of Option Agreement
MEMORANDUM OF OPTION AGREEMENT
This Memorandum of Option Agreement (this “Memorandum”) is entered into as of the 14th day of
August, 2025 (the “Effective Date”), by and between the South Bend Redevelopment Commission, governing
body of the South Bend Department of Redevelopment (“Commission”), Our Lady of the Road, Incorporated,
an Indiana non-profit corporation, with its registered address being 424 S. Michigan St., #11162, South Bend,
IN 46634 (“OLR”), and New Day Intake Center, Inc., an Indiana non-profit corporation with its registered
address being 424 S. Michigan St., #11162, South Bend, IN 46634 (“NDIC”) (the Commission, OLR, and
NDIC are each sometimes referred to herein as a “Party” or collectively as the “Parties”).
WITNESSETH
WHEREAS, OLR is the owner of that certain real estate situated in the City of South Bend, County
of St. Joseph and State of Indiana, commonly known as 3233 Lincoln Way W., which is more particularly
described on Exhibit A, attached hereto and made a part hereof as if fully rewritten herein (the “Option
Property”); and
WHEREAS, NDIC and OLR are separate 501(c)(3) organizations with complementary missions and
overlapping leadership; and
WHEREAS, NDIC operates the lower barrier emergency shelter currently located on the Option
Property; and
WHEREAS, the Commission and NDIC have entered into certain agreements relating to the
construction of a one hundred twenty (120) bed Lower-Barrier Shelter (the “Project”), including a certain
Development Agreement dated August 14, 2025 relating to NDIC’s construction of the Project and the
Commission’s contribution of funding towards the Project (the “Development Agreement”).
WHEREAS, as of the date hereof, the Commission, OLR, and NDIC entered into an Option
Agreement (the “Agreement”) whereby OLR and its successor and assigns granted the Commission an
exclusive option (the “Option”) to purchase the Option Property upon terms and conditions more particularly
set forth in the Agreement; and
WHEREAS, the Parties are desire to record their respective rights and obligations under the Option
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and the parties
intending to be legally bound thereby, the parties hereto hereby agree as follows:
1. The term of the Option will commence upon the earliest of the following events:
(a)The Mandatory Project Completion Date in the Development Agreement;
(b)The date the Project is completed under the Development Agreement, as evidenced by the
issuance of Certificates of Occupancy; or
(c)A default by NDIC under the Development Agreement, including any material breach, failure
to perform, or event of default defined in the Development Agreement, and which remains
uncured beyond any applicable cure period.
Once triggered, the Option shall remain in effect for a period of five (5) years after the Option commences,
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unless extended by mutual written agreement of the Parties.
2.This Memorandum may be executed in any number of counterparts, each of which
counterpart, when so executed and delivered, shall be an original, but all such counterparts when taken
together shall constitute but one and the same Memorandum.
3.The recitals set forth above are true and correct and are hereby incorporated herein by
reference.
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IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the day and year first
above written.
SOUTH BEND REDEVELOPMENT COMMISSION
By:
Troy Warner, President
ATTEST:
By:
Eli Wax, Secretary
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally appeared Troy Warner
and Eli Wax, known by me to be President and Secretary, respectively, of the Commission in the foregoing
Memorandum, and who, in such capacity, acknowledged the execution of the same, being authorized so to
do.
WITNESS my hand and Notarial Seal this day of _______________, 2025.
____________________________________
____________________, Notary Public
Residing in County, IN
My Commission Expires: ______________
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OUR LADY OF THE ROAD, INCORPORATED
Jonathan Schommer, Executive Director
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan
Schommer, known to me known to be the Executive Director of Our Lady of the Road, Incorporated in the
above Memorandum of Option and acknowledged the execution of the same as his free and voluntary act and
deed.
WITNESS my hand and Notarial Seal this day of _______________, 2025.
____________________________________
____________________, Notary Public
Residing in County, IN
My Commission Expires: _______________________
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NEW DAY INTAKE CENTER, INC.
Sheila McCarthy, Executive Director
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said State, personally appearedSheila
McCarthy, known to me known to be the Executive Director of New Day Intake Center, Inc. in the above
Memorandum of Option and acknowledged the execution of the same as her free and voluntary act and deed.
WITNESS my hand and Notarial Seal this day of _______________, 2025.
____________________________________
____________________, Notary Public
Residing in County, IN
My Commission Expires: _______________________
This instrument was prepared by Danielle Campbell Weiss, Senior Assistant City Attorney, City of South Bend, Indiana,
227 W. Jefferson Boulevard, 1200S, South Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this
document, unless required by law. /s/ Danielle Campbell Weiss
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EXHIBIT A
OLR Property Description
Tax ID No. 018-2193-724804
Parcel Key No. 71-08-04-226-002.000-026
Legal Description: LOT 1 ARBORGATE INN
Commonly known as: 3233 Lincoln Way W., South Bend, IN 46628
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DEVELOPMENT AGREEMENT
This Development Agreement (this “Agreement”), is effective as of August 14, 2025 (the
“Effective Date”), by and between the City of South Bend, Department of Redevelopment, acting
by and through its governing body, the South Bend Redevelopment Commission (the
“Commission”), and the New Day Intake Center, Inc. an Indiana nonprofit organization, with its
registered address being 424 S. Michigan St., #11162, South Bend, Indiana 46634 (the
“Developer”) (each, a “Party,” and collectively, the “Parties”).
RECITALS
WHEREAS, the Commission exists and operates under the provisions of the
Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the “Act”);
and
WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
redevelopment areas are public uses and purposes for which public money may be spent; and
WHEREAS, the Commission owns certain real property described in Exhibit A, which,
concurrently with this Agreement, is being sold to Developer through a certain Real Estate
Purchase Agreement (the “Purchase Agreement’), together with all improvements thereon and all
easements, rights, licenses, and other interests appurtenant thereto (collectively, the “Developer
Property”); and
WHEREAS, the Developer provides lower-barrier emergency shelter and basic needs in a
welcoming, dignified environment for individuals in crisis, and serves as a first-stop crisis response
that connects people to housing and support using evidence-informed, Person-Centered practices
to break the cycle of homelessness by building human and provider connections and offering a
safe return for individuals facing future housing crises; and
WHEREAS, the Developer currently has private financing and desires to construct,
renovate, or otherwise rehabilitate certain elements of the Developer Property (the “Project”) in
accordance with the project plan (the “Project Plan”) attached hereto as Exhibit B; and
WHEREAS, the Developer Property is located within the corporate boundaries of the City
within the area known as the River West Development Area for which it will serve, as well as all
other areas of the City, including the River East Development Area and South Side Development
Area (collectively, the “Areas”) by housing unsheltered individuals; and
WHEREAS, the Commission has adopted (and subsequently amended, from time to time)
a development plan, which contemplates development of the Areas consistent with the Project;
and
WHEREAS, the Commission and the Developer agree on certain shared principles,
including that shelter should be Housing-Focused, Person-Centered, Trauma-Informed, Low-
Barrier, and Harm-Reducing; and
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WHEREAS, the Commission believes that accomplishing the Project as described herein
is in the best interests of the health, safety, and welfare of the City and its residents; and
WHEREAS, the Commission desires to facilitate and assist the Project by undertaking to
simultaneously reimburse the City for its costs incurred or to be incurred in providing draws on a
loan pursuant to a certain loan agreement (the “Loan Agreement”) that the Parties anticipate the
Developer and the City executing pursuant to Indiana Code 36-7-12 to fund in part certain local
public improvements stated in Exhibit C (the “Local Public Improvements”) in accordance with
the Act, subject to the terms and conditions of this Agreement and the certain Loan Agreement.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in
this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows:
SECTION 1. DEFINITIONS.
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have
the following meanings:
1.1 Assessed Value. “Assessed Value” means the market value-in-use of a property, used
for property tax assessment purposes as determined by the St. Joseph County Assessor.
1.2 Board of Works. “Board of Works” means the Board of Public Works of the City, a
public body granted the power to award contracts for public works pursuant to I.C. 36-1-12.
1.3 Funding Amount. “Funding Amount” means an amount not to exceed Four Million
Dollars ($4,000,000.00) consisting of tax increment finance revenues to be provided to the City
by the Commission subject to annual appropriation by the Commission to simultaneously
reimburse the City for its costs incurred, or to be incurred through the Loan Agreement that will
be subsequently executed by the Parties, to make the Loan on a draw basis pursuant to the terms
of the Loan Agreement which will be used for paying a portion of the costs associated with the
construction, equipping, inspection, and delivery of the Local Public Improvements.
1.4 Private Investment. “Private Investment” means an amount no less than Ten Million
Dollars ($10,000,000.00) to be expended by the Developer for the costs associated with
constructing the improvements set forth in the Project Plan, including architectural, engineering,
and any other costs directly related to completion of the Project that are expected to contribute to
increases in the Assessed Value of the Developer Property. The Private Investment does not
include the Funding Amount.
1.5 Lower-Barrier Shelter: “Lower-Barrier Shelter” means an emergency shelter that
minimizes entry requirements, allowing access without preconditions such as sobriety,
employment, identification, or participation in treatment programs, except where needed for
safety.
1.6 Diversion: “Diversion” means a strengths-based, problem-solving conversation
conducted at shelter entry to identify safe alternatives to shelter.
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1.7 Housing-Focused Case Management: “Housing-Focused Case Management” means a
collaborative service approach that helps shelter guests identify housing goals, navigate housing
resources, and remove barriers to Permanent Housing as quickly as possible.
1.8 Trauma-Informed Care: “Trauma-Informed Care” means services designed and
delivered with an understanding of the prevalence and impact of trauma.
1.9 Coordinated Entry (CE): “Coordinated Entry” or “CE” means a centralized process
through which people experiencing homelessness are assessed and prioritized for housing and
services.
1.10 By-Name List (BNL): “By-Name List” or “BNL” means a real-time, continually
updated list of all known people experiencing homelessness in the community.
1.11 Permanent Housing: “Permanent Housing” means stable housing without time limits,
including RRH and PSH.
1.12 Return to Homelessness: “Return to Homelessness” means when a person who has
exited homelessness into Permanent Housing re-enters homelessness within one year.
1.13 Unduplicated Count: “Unduplicated Count” means the total number of unique
individuals served during a reporting period.
1.14 90-Day Housing Benchmark: “90-Day Housing Benchmark” means a best-practice
benchmark aiming for the majority of shelter guests to secure Permanent Housing within 90 days
of entry into shelter, with the understanding that achieving this benchmark depends on the
availability of zero/low-income affordable rental housing in the community.
1.15 Homeless: An individual or family who lacks a fixed, regular, and adequate
nighttime residence, meaning:
(a) Has a primary nighttime residence that is a public or private space not meant
for human habitation; or
(b) Is living in a publicly or privately operated shelter designated to provide
temporary living arrangements (including congregate shelters, transitional housing, and
hotels and motels paid for by charitable organizations or by federal, state, and local
government programs; or
(c) Is exiting an institution where (s)he has resided for 90 days or less and who
resided in an emergency shelter or place not meant for human habitation immediately
before entering that institution.
1.16 Harm-Reducing: An approach that prioritizes reducing the negative consequences of
behaviors associated with substance use, trauma, or other risk factors, without requiring abstinence
or compliance with treatment as a condition of access to shelter or services. Harm reduction meets
individuals where they are and works to minimize harm to their health, dignity, and safety while
supporting progress toward stability and well-being.
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1.17 Person-Centered: A philosophy and practice that respects and responds to the unique
needs, strengths, preferences, and goals of each individual. Person-Centered services are grounded
in the belief that people are experts in their own lives, and supports are designed in collaboration
with them—not for them—empowering individuals to take the lead in their journey toward
housing and wellness.
SECTION 2. INTERPRETATION, TERMS, AND RECITALS.
2.1 Interpretation.
(a) The terms “herein,” “hereto,” “hereunder,” and all terms of
similar import shall be deemed to refer to this Agreement as a whole rather than to
any Article of, Section of, or Exhibit to this Agreement.
(b) Unless otherwise specified, references in this Agreement to
(i) “Section” or “Article” shall be deemed to refer to the Section or Article of this
Agreement bearing the number so specified, (ii) “Exhibit” shall be deemed to refer
to the Exhibit of this Agreement bearing the letter or number so specified, and (iii)
references to this “Agreement” shall mean this Agreement and any exhibits and
attachments hereto.
(c) Captions used for or in Sections, Articles, and Exhibits of
this Agreement are for convenience of reference only and shall not affect the
construction of this Agreement.
(d) The terms “include,” “including,” and “such as” shall each
be construed as if followed by the phrase “without being limited to.”
2.2 Recitals. The Recitals set forth above are incorporated into and are a part of this
Agreement for all purposes.
SECTION 3. DEVELOPER’S OBLIGATIONS.
3.1 Generally. The Parties acknowledge and agree that the Commission’s agreements to
perform and abide by the covenants and obligations set forth in this Agreement are material
consideration for the Developer’s commitment to perform and abide by the covenants and
obligations of the Developer contained in this Agreement. The Parties further acknowledge and
agree that the Developer’s obligations under this Agreement are hereby conditioned upon the
execution and closing of the Loan Agreement. In the event that subsequent negotiations by the
parties do not result in an executed Loan Agreement by March 31 , 2026, this Agreement shall
become null and void.
3.2 The Project.
(a) The Developer will perform all necessary work to complete
the improvements set forth in the Project Plan attached hereto as Exhibit B and the
plans and specifications to be approved by the City Planner, or his designee,
5
pursuant to Section 3.5 (“Submission of Plans and Specifications for Project”) of
this Agreement, which improvements shall comply with all zoning and land use
laws and ordinances.
(b) The Developer will expend the Private Investment to
complete the Project in accordance with the Project Plan attached hereto as Exhibit
B and the plans and specifications to be approved by the Commission pursuant to
Section 3.5 (“Submission of Plans and Specifications for Project”) of this
Agreement.
3.3 Timeframe for Completion. The Developer hereby agrees to complete the Project as
set forth in the Project Plan attached hereto as Exhibit B. and any other obligations the Developer
may have under this Agreement by thirty-six (36) months from the Construction Commencement
Date as defined in the Purchase Agreement, or on a timeframe as otherwise agreed between the
Developer and the Commission, as may be modified due to unforeseen circumstances and delays
(the "Mandatory Project Completion Date"). Notwithstanding any provision of this Agreement to
the contrary, the Developer’s failure to complete the Project, expend the Private Investment, or
fulfill any other obligations the Developer may have under this Agreement by the Mandatory
Project Completion Date will constitute a default under this Agreement without any requirement
of notice of or an opportunity to cure such failure.
3.4 Reporting Obligations.
(a) Upon the letting of contracts for substantial portions of the
Project and again upon substantial completion of the Project, the Developer hereby
agrees to report to the Commission the number of local contractors and local
laborers involved in the Project, the amount of bid awards for each contract related
to the Project, and information regarding which contractor is awarded each contract
with respect to the Project.
(b) On or before June 30 and December 31 of each year until
substantial completion of the Project, the Developer shall submit to the
Commission a report, in the format set forth as Exhibit D, demonstrating the
Developer’s good-faith compliance with the terms of this Agreement. The report
shall include the following information and documents: (i) a status report of the
construction completed to date, (ii) an update on the project schedule, (iii) an
itemized accounting generally identifying the Private Investment to date, and (iv) a
status report of the number of jobs created for employment at the Developer
Property.
(c) On or before April 15 of the year that is one year after
substantial completion of the Project and on each April 15 thereafter until April 15
of the year that is ten (10) years after substantial completion of the Project, the
Developer shall submit to the Commission a report containing the information as
set forth in Exhibit E.
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3.5 Submission of Plans and Specifications for Project. Promptly upon completion of all
plans and specifications for the Project, or changes thereto, and prior to the Commission’s
expenditure of the Funding Amount, the Developer shall deliver a complete set thereof to the City’s
Executive Director Department of Community Investment, or his or her designee, who may
approve or disapprove said plans and specifications for the Project in his or her sole discretion and
may request revisions or amendments to be made to the same.
3.6 Costs and Expenses of Construction of Project. The Developer hereby agrees to pay,
or cause to be paid, all costs and expenses of planning, construction, management, and all other
activities or purposes associated with the Project (including legal, architectural, and engineering
fees).
3.7 Non-Interference. Developer hereby agrees to use commercially reasonable efforts to
minimize disruption for those living and working near the Developer Property during construction
of the Project.
3.8 Insurance. The Developer shall purchase and maintain comprehensive insurance
coverage as is appropriate for the work being performed with respect to the Project. The Developer
shall provide proof of such adequate insurance to the Commission and shall notify the Commission
and the City of any change in or termination of such insurance. During the period of construction
or provision of services regarding any Local Public Improvements, the Developer shall maintain
insurance in the kinds and for at least the minimum amounts as described in Exhibit F attached
hereto and the Commission and the City shall be named as additional insureds on such policies
(but not on any worker’s compensation policies).
3.9 Information. The Developer agrees to provide any and all due diligence items with
respect to the Project reasonably requested by the Commission.
3.10 Governance and Operations. Not later than December 31, 2025, the Developer agrees
to amend its governance structure to include four (4) members of its Board of Directors who shall
be appointed by the Mayor of the City of South Bend. Such appointments shall be made in
accordance with the Developer’s bylaws and applicable law, and shall remain in effect indefinitely,
unless otherwise agreed in writing by the Parties. The Developer further agrees to cooperate in
good faith with the Community Liaison Committee established by the City for the purpose of
addressing neighborhood concerns related to the Project. The Developer shall designate
appropriate staff or leadership to participate in regular meetings of the Committee and to support
collaborative resolution of community issues.
3.11 HOME-ARP Compliance. It is anticipated that Developer will be selected as a
subrecipient of a certain HOME American Rescue Plan (HOME-ARP) Non-Congregate Shelter
Development funds, granted under CDFA 14.239, HOME Investment Partnership Program,
Department of Housing and Urban Development, Office of Community Planning and
Development, Grant Number M-21-DP-18-0208. (the “HOME-ARP Grant”). Provided the
HOME-ARP Grant is awarded to Buyer as anticipated, as further consideration under this
Agreement, the Developer affirms and agrees that it shall be bound by and shall comply with all
requirements set forth in the HOME-ARP Grant for the entirety of the fifteen (15) year restricted
use and compliance period.
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SECTION 4. COMMISSION’S OBLIGATIONS.
4.1 Generally. The Parties acknowledge and agree that the Developer’s agreement to
perform and abide by the covenants and obligations set forth in this Agreement is material
consideration for the Commission’s commitment to perform and abide by the covenants and
obligations of the Commission contained in this Agreement.
4.2 Cooperation. The Commission agrees to endorse and support the Developer’s efforts
to expedite the Project through any required planning, design, permitting, waiver, and related
regulatory processes, provided, however, that the Commission will not be required to expend any
money in connection therewith.
4.3 Public Announcements, Press Releases, and Marketing Materials. The Commission
hereby agrees to coordinate all public announcements and press releases relating to the Project
with the Developer.
SECTION 5. COOPERATION IN THE EVENT OF LEGAL CHALLENGE.
5.1 Cooperation. In the event of any administrative, legal, or equitable action or other
proceeding instituted by any person not a party to this Agreement challenging the validity of any
provision of this Agreement, the Parties shall cooperate in defending such action or proceeding to
settlement or final judgment including all appeals. Each Party shall select its own legal counsel;
however, Developer shall reimburse the Commission for its reasonable attorneys’ fees associated
with the Commission’s defense of this Agreement against a third-party lawsuit due to Developer’s
negligence or breach of this Agreement. In no event shall the Commission be required to bear the
fees and costs of the Developer’s attorneys. The Parties agree that if any other provision of this
Agreement, or this Agreement as a whole, is invalidated, rendered null, or set aside by a court of
competent jurisdiction, the Parties agree to be bound by the terms of this Section 5.1, which shall
survive such invalidation, nullification, or setting aside.
SECTION 6. DEFAULT.
6.1 Default. Any failure by either Party to perform any term or provision of this
Agreement, which failure continues uncured for a period of sixty (60) days following written
notice of such failure from the other Party, shall constitute a default under this Agreement. Any
notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and,
where appropriate, the manner in which said failure satisfactorily may be cured. Upon the
occurrence of a default under this Agreement, the non-defaulting Party may (a) terminate this
Agreement, or (b) institute legal proceedings at law or in equity (including any action to compel
specific performance) seeking remedies for such default. If the default is cured within sixty (60)
days after the notice described in this Section 6.1, then no default shall exist and the noticing Party
shall take no further action. In the event that the Developer fails (a) to complete the Project by the
Mandatory Project Completion Date, or (b) to expend the full amount of the Private Investment by
the Mandatory Project Completion Date, Developer will be considered in default, and the
Developer will be required to repay all Funding Amounts received in accordance with the Loan
Agreement.
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6.2 Force Majeure. Notwithstanding anything to the contrary contained in this Agreement,
none of the Parties shall be deemed to be in default where delays in performance or failures to
perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor
disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of terrorism,
restrictions imposed or mandated by governmental entities, enactment of conflicting state or
federal laws or regulations, new or supplemental environments regulations, contract defaults by
third parties, or similar basis for excused performance which is not within the reasonable control
of the Party to be excused (each, an event of “Force Majeure”). Upon the request of any of the
Parties, a reasonable extension of any date or deadline set forth in this Agreement due to such
cause will be granted in writing for a period necessitated by the event of Force Majeure, or longer
as may be mutually agreed upon by all the Parties.
SECTION 7. NO AGENCY, JOINT VENTURE, OR PARTNERSHIP; CONFLICT OF
INTEREST; INDEMNITY.
7.1 No Agency, Joint Venture or Partnership. The Parties acknowledge and agree that:
(a) The Project is a private development;
(b) None of the Commission, the Board of Works, or the Developer
has any interest or responsibilities for, or due to, third parties concerning any
improvements until such time, and only until such time, that the Commission, the
Board of Works, and/or the Developer expressly accepts the same; and
(c) The Parties hereby renounce the existence of any form of agency
relationship, joint venture or partnership between the Commission, the Board of
Works, and the Developer and agree that nothing contained herein or in any
document executed in connection herewith shall be construed as creating any such
relationship between the Commission, the Board of Works, and the Developer.
7.2 Conflict of Interest; Commission Representatives Not Individually Liable. No
member, official, or employee of the Commission or the City may have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or employee participate
in any decision relating to this Agreement which affects his or her personal interests or the interests
of any corporation, partnership, or association in which he or she is, directly or indirectly,
interested. No member, official, or employee of the Commission or the City shall be personally
liable to the Developer, or any successor in interest, in the event of any default or breach by the
Commission or for any amount which may become due to the Developer, or its successors and
assigns, or on any obligations under the terms of this Agreement. No partner, member, employee,
or agent of the Developer or successors of them shall be personally liable to the Commission under
this Agreement.
7.3 Indemnity. The Developer agrees to indemnify, defend, and hold harmless the
Commission and the City from and against any third-party claims suffered by the Commission or
the City resulting from or incurred in connection with the Local Public Improvements or the
Project.
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SECTION 8. MISCELLANEOUS.
8.1 Severability. If any term or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this
Agreement shall continue in full force and effect unless amended or modified by mutual consent
of the parties.
8.2 Waiver. Neither the failure nor any delay on the part of a Party to exercise any right,
remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any
single or partial exercise of any right, remedy, power, or privilege preclude any other or further
exercise of the same or of any right, remedy, power, or privilege with respect to any occurrence
be construed as a waiver of any such right, remedy, power, or privilege with respect to any other
occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted
to have granted such waiver.
8.3 Other Necessary Acts. Each Party shall execute and deliver to the other Parties all
such other further instruments and documents as may be reasonably necessary to accomplish the
Project and the Local Public Improvements contemplated by this Agreement and to provide and
secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder.
Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated
by this Agreement may be required to be undertaken by persons, agencies, or entities that are not
a party to this Agreement, including, but not limited to certain permits, consents, and/or approvals
(to the extent they have not yet been obtained and completed), and that any action by such third
parties shall require independent approval by the respective person, agency, entity, or governing
body thereof.
8.4 Dispute Resolution; Waiver of Jury Trial. Any action to enforce the terms or
conditions of this Agreement or otherwise concerning a dispute under this Agreement will be
commenced in the courts of St. Joseph County, Indiana, unless the Parties mutually agree to an
alternative method of dispute resolution. The Parties acknowledge that disputes arising under this
Agreement are likely to be complex and they desire to streamline and minimize the cost of
resolving such disputes. In any legal proceeding, each Party irrevocably waives the right to trial
by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject
matter of this Agreement. This waiver applies to all claims against all parties to such actions and
proceedings. This waiver is knowingly, intentionally, and voluntarily made by both Parties.
8.5 Attorneys’ Fees. In the event either Party pursues any legal action (including
arbitration) to enforce or interpret this Agreement, each Party shall bear its own attorneys’ fees
and other costs and expenses (including expert witness fees).
8.6 Equal Employment Opportunity. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Project:
(a) The Developer will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, or national origin.
The Developer agrees to post in conspicuous places, available to employees and
10
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause; and
(b) The Developer will state, in all solicitations or
advertisements for employees placed by or on behalf of the Developer, that all
qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
8.7 Counterparts. This Agreement may be executed in separate counterparts, each of
which when so executed shall be an original, but all of which together shall constitute one and the
same instrument. Any electronically transmitted version of a manually executed original shall be
deemed a manually executed original.
8.8 Notices and Demands. Any notice, demand, or other communication required or
permitted under the terms of this Agreement may be delivered (a) by hand-delivery (which will be
deemed delivered at the time of receipt), (b) by registered or certified mail, return receipt requested
(which will be deemed delivered three (3) days after mailing), or (c) by overnight courier service
(which will be deemed delivered on the next business day) to each Party’s respective addresses
and representatives stated below.
Developer: New Day Intake Center, Inc.
Attn: Sheila McCarthy
PO Box 11162
South Bend, IN 46634
With a copy to: Sopko, Nussbaum, Inabnit & Kaczmarek
Attn: Richard A. Nussbaum II
210 S. Michigan St
Suite 500
South Bend, IN 46601
Commission: South Bend Redevelopment Commission
1400S County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Executive Director, South Bend Department of
Community Investment
With a copy to: South Bend Legal Department
1200S County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Corporation Counsel
8.9 Governing Law. This Agreement is governed by and construed in accordance with
the laws of the State of Indiana.
11
8.10 Authority. Each undersigned person executing and delivering this Agreement on
behalf of a Party represents and certifies that he or she is the duly authorized officer or
representative of such Party, that he or she has been fully empowered to execute and deliver this
Agreement on behalf of such Party, and that all necessary action to execute and deliver this
Agreement has been taken by such Party.
8.11 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended or shall be construed to confer upon any person, firm, or corporation other than the Parties
hereto and their respective successors or assigns, any remedy or claim under or by reason of this
Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise,
and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of
the Parties herein.
8.12 Assignment. The Developer’s rights under this Agreement shall be personal to the
Developer and shall not run with the land. The Developer may not assign its rights or obligations
under this Agreement to any third party without obtaining the Commission’s prior written consent
to such assignment, which the Commission may give or withhold in its sole discretion. In the
event the Developer seeks the Commission’s consent to any such assignment, the Developer shall
provide to the Commission all relevant information concerning the identities of the persons or
entities proposed to be involved in and an explanation of the purposes for the proposed
assignment(s).
8.13 Further Assurances. The Parties agree that they will each undertake in good faith, as
permitted by law, any action and execute and deliver any document reasonably required to carry
out the intents and purposes of this Agreement.
8.14 Exhibits. All exhibits described herein and attached hereto are incorporated into this
Agreement by reference.
8.15 Entire Agreement. No representation, promise, or inducement not included in this
Agreement will be binding upon the Parties hereto. This Agreement cannot be modified except
by mutual agreement of the Parties set forth in a written instrument signed by the Parties’
authorized representatives.
8.16 Time. Time is of the essence of this Agreement.
Signature Page Follows
12
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of
the Effective Date stated above.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Troy Warner, President
ATTEST:
______________________________
Eli Wax, Secretary
NEW DAY INTAKE CENTER, INC.
______________________________
Sheila McCarthy, Executive Director
13
EXHIBIT A
Description of Developer Property
Tax ID No. The northern half of 71-03-28-100-004.000-009 subtracting out a 60’ wide section
for access to the southern half of the lot equating to an estimated 7.02 acres
Parcel Key No. The northern half of 025-1010-0380 equating to an estimated 7.02 acres
Legal Description: The northern half of 14.93 Ac S Side Cleveland Rd Beg 165' W Of Ne Cor
Nw Sec 28-38-2e equating to an estimated 7.02 acres to be subdivided prior to closing
Commonly known as: 4022 Old Cleveland Road
14
EXHIBIT B
Project Plan
The Developer will complete the following work in accordance with the terms and
conditions of this Agreement and in compliance with all applicable laws and regulations:
● Developer will redevelop the Property into a no less than one hundred and ten (110)
bed Lower-Barrier Shelter.
● The Provider shall ensure that the shelter is fully operational and open to receive guests no
later than thirty-six (36) months after Construction Commencement Date defined in the
Purchase Agreement, or another date agreed to in writing by Parties, subject to all
applicable permitting and regulatory approvals.
The Developer will complete the work contemplated herein in accordance with the terms and
conditions of this Agreement and in compliance with all applicable laws and regulations. The
structures will be considered complete upon the issuance of Certificates of Occupancy.
The Developer shall also enter into a five-year Operating Agreement with the City of South
Bend describing the required operations of the homeless intake center upon completion, which
shall include, at a minimum, the requirement for the Developer to follow each of the following
terms:
1. Operate low-barrier emergency shelter beds year-round (365 days), ensuring
accessibility to individuals regardless of sobriety, income, identification, or
participation in services.
2. Deliver comprehensive emergency shelter services that are Housing-Focused,
Person-Centered, Trauma-Informed, and low-barrier. NDIC will implement
practices that promote equity, dignity, and rapid housing outcomes, while
ensuring guest safety, engagement, and connection to community resources.
3. Work collaboratively with OrgCode Consulting to assist in the development and
implementation of Standard Operating Procedures (SOPs) necessary for the
effective and compliant operation of the shelter. Such SOPs shall be completed
and approved prior to the commencement of shelter operations.
4. Provide immediate and equitable access to basic needs, including three daily
meals, hygiene supplies, showers, laundry services, storage, mailing address, and
access to phones, internet, and computers.
5. Conduct Diversion conversations with all new guests at intake to explore safe
alternatives to shelter, document outcomes, and reduce unnecessary shelter stays.
6. Ensure that 100% of guests meet with a Housing-Focused Case Manager within
48 hours of entry to begin developing a tailored Housing Plan within 7 days.
7. Conduct a triage of new shelter guests within 14 days of shelter entry using
approved Coordinated Entry tools to determine acuity and support prioritization
for housing resources.
8. Develop individualized Housing Plans focused on rapid exit to Permanent
Housing, including identification of barriers, action steps, and coordination with
15
housing providers and mainstream resources.
9. Actively engage with community partners to coordinate and deliver on-site
supportive services including physical health, mental health, substance use, legal
services, and employment assistance.
10. Provide regular access to crisis de-escalation, conflict mediation, and safety
planning, particularly for individuals impacted by trauma, intimate partner
violence, or acute mental health needs.
11. Maintain staffing levels and staff competencies to support a safe, welcoming
environment with 24/7 supervision, trained in Trauma-Informed care, de-
escalation, motivational interviewing, and cultural humility.
12. Participate fully in the local Coordinated Entry system (IN-502) and ensure all
eligible guests are added to the By-Name List within 72 hours of shelter entry.
13. Enter all client-level data into the Homeless Management Information System
(HMIS) in accordance with CoC data quality standards and reporting timelines.
14. Support continuous quality improvement by gathering guest feedback, reviewing
outcomes, and participating in CoC-led training, evaluation, and fidelity
monitoring activities.
15. Submit all required program reports, emergency plans, and outcome
documentation in accordance with contract reporting timelines and performance
review processes.
16. As needed, maintain a waitlist to manage shelter access in accordance with best
practices.
The operating agreement terms described here will be in effect for five years from the date
of project occupancy.
16
EXHIBIT C
Description of Local Public Improvements
Local Public Improvements will include site work and improvements in support of the
construction of the Project as agreed upon between the Parties, in compliance with all applicable
laws and regulations It is understood between the Parties that the Commission will contribute an
amount not to exceed the Funding Amount specified in Section 1.3 of this Agreement. Any and
all costs that require funding above the Funding Amount are the sole responsibility of the
Developer.
17
EXHIBIT D
Form of Report to Commission
City of South Bend
Department of Community Investment
Development Agreement Review
Answer the below questions and return to the Department of Community Investment.
Project Information
Project Name: __________________________________________________________
Address: _______________________________________________________________
Construction Completed to Date:
Project Schedule Update:
Itemized Accounting of Private Investment to Date:
Number of Jobs Created:
Name: _______________________________________
Address: _______________________________________
_______________________________________
Position: _______________________________________
Email: _______________________________________
Signature: ___________________________________ Date: ___________________
18
EXHIBIT E
Post Completion Reporting Contents
(Report to be provided annually to the Commission)
Measurable Outcomes:
● Number of people moved into Permanent Housing, broken down by housing type.
● Length of time participants stay in the emergency shelter (aiming for housing placement
within 90 days).
● Percentage of those housed who do not Return to Homelessness in the community within
one year.
● Percentage of guests exiting to Permanent Housing within 90 days of shelter entry (90-
Day Housing Benchmark).
Measurable Outputs:
● Total Unduplicated Count of number of people served.
● Total number of meals provided.
● Total number of community partners providing services on-site.
● Number of people added to the By-Name List/CE list.
● 100% of guests will have access to meals, showers, laundry, mail, and technology.
● 100% of guests will meet with a Case Manager within 48 hours of entry.
● 100% of guests will have a Housing Plan within 7 days of entry.
● 100% of new shelter intakes will receive a Diversion attempt.
Definitions for Key Performance Terms:
● Permanent Housing Placement: When a guest exits the shelter and enters Rapid Re-
Housing (RRH), Permanent Supportive Housing (PSH), or any non-time-limited housing.
● Length of Stay: The number of days from shelter entry to exit, measured per individual.
● Housing Stability: Measured as the percentage of individuals housed who do not Return to
Homelessness in the community within 12 months.
● Diversion Success: The percentage of new shelter intakes that are diverted to safe,
alternative housing options without entering the shelter system.
● Service Engagement: The percentage of guests who complete a Housing Plan and meet with
a Case Manager within the required timelines.
PERFORMANCE BENCHMARKS
Benchmarks will align with HMIS reporting standards and ESG CAPER formats. Shelter will
target the 90-Day Housing Benchmark, aiming for at least 50% of shelter exits to result in
Permanent Housing placements within 90 days.
19
EXHIBIT F
Minimum Insurance Amounts
A. Worker’s Compensation
1. State Statutory
2. Applicable Federal Statutory
3. Employer’s Liability $100,000.00
B. Comprehensive General Liability
1. Bodily Injury
a. $5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate Products
and Completed Operation
2. Property Damage
a. $5,000,000.00 Each Occurrence
b. $5,000,000.00 Annual Aggregate
C. Comprehensive Automobile Liability
1. Bodily Injury
a. $500,000.00 Each Person
b. $500,000.00 Each Accident
2. Property Damage
a. $500,000.00 Each Occurrence
RESOLUTION NO. 3646
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AUTHORIZING THE USE OF SOUTH SIDE TIF REVENUES, RIVER WEST TIF
REVENUES AND RIVER EAST TIF REVENUES FOR A LOW-BARRIER
EMERGENCY SHELTER PROJECT AND REGARDING OTHER RELATED
MATTERS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the
governing body of the South Bend Department of Redevelopment and the Redevelopment District
of the City of South Bend, Indiana, exists and operates under the provisions of Indiana Code 36-
7-14, as amended from time to time (the “Act”); and
WHEREAS, the Commission is committed to improving the City of South Bend, Indiana
(the “City”) by administering and funding projects that support economic development and public
infrastructure, and are in the best interests of the health, safety, and welfare of the City and its
residents; and
WHEREAS, the Commission has negotiated a development agreement (the “Development
Agreement”) with New Day Intake Center, Inc., an Indiana nonprofit corporation (the
“Developer”), pursuant to which the Developer proposes to undertake the construction, renovation
or rehabilitation of certain real property in the City to develop a no less than one hundred and ten
(110) bed lower-barrier emergency shelter as further described in the Development Agreement
(collectively, the “Project”); and
WHEREAS, the Commission has previously adopted a declaratory resolution, as
subsequently confirmed and amended, which (i) declared the South Side Development Area (the
“South Side Development Area”) as a redevelopment area pursuant to Section 15 of the Act, (ii)
designated the South Side Development Area as an allocation area pursuant to Section 39 of the
Act (the “South Side Allocation Area”), for the purpose of capturing property tax proceeds derived
from incremental assessed valuation of real property in such allocation area which is in excess of
the “base assessed value” (such property tax proceeds, hereinafter referred to as “South Side TIF
Revenues”), (iii) created the South Side Allocation Area Fund (the “South Side Allocation Fund”)
into which all South Side TIF Revenues are deposited, all pursuant to and as described Section 39
of the Act, and (iv) approved a development plan for the South Side Development Area (the “South
Side Plan”); and
WHEREAS, the Commission has previously adopted a declaratory resolution, as
subsequently confirmed and amended, which (i) declared the River West Development Area (the
“River West Development Area”) as an economic development area pursuant to Section 41 of the
Act, (ii) designated the River West Development Area as an allocation area pursuant to Section 39
of the Act (the “River West Allocation Area”), for the purpose of capturing property tax proceeds
derived from incremental assessed valuation of real property in such allocation area which is in
excess of the “base assessed value” (such property tax proceeds, hereinafter referred to as “River
West TIF Revenues”), (iii) created the River West Allocation Area Fund (the “River West
Allocation Fund”) into which all River West TIF Revenues are deposited, all pursuant to and as
2
described Section 39 of the Act, and (iv) approved an economic development plan for the River
West Development Area (the “River West Plan”); and
WHEREAS, the Commission has previously adopted a declaratory resolution, as
subsequently confirmed and amended, which (i) declared the River East Development Area (the
“River East Development Area”) as a redevelopment area pursuant to Section 15 of the Act, (ii)
designated the River East Development Area as an allocation area pursuant to Section 39 of the
Act (the “River East Allocation Area”), for the purpose of capturing property tax proceeds derived
from incremental assessed valuation of real property in such allocation area which is in excess of
the “base assessed value” (such property tax proceeds, hereinafter referred to as “River East TIF
Revenues” and together with the South Side TIF Revenues and the River West TIF Revenues, the
“TIF Revenues”), (iii) created the River East Allocation Area Fund (the “River East Allocation
Fund”) into which all River East TIF Revenues are deposited, all pursuant to and as described
Section 39 of the Act, and (iv) approved a development plan for the River East Development Area
(the “River East Plan”); and
WHEREAS, under the terms of the proposed Development Agreement, the Commission
would agree to contribute (i) South Side TIF Revenues in the amount $465,377, (ii) River West
TIF Revenues in the amount of $2,475,686, and (iii) River East TIF Revenues in the amount of
$1,058,937, subject to appropriations thereof, toward the cost of the Project, subject to the
completion of all procedures required by law; and
WHEREAS, the Commission has sufficient South Side TIF Revenues on deposit in the
South Side Allocation Fund to contribute South Side TIF Revenues toward costs of the Project as
provided in the Development Agreement, which will directly serve and benefit the South Side
Allocation Area; and
WHEREAS, the Commission has sufficient River West TIF Revenues on deposit in the
River West Allocation Fund to contribute River West TIF Revenues toward costs of the Project as
provided in the Development Agreement, which will directly serve and benefit, or be physically
located in or connected to, the River West Allocation Area; and
WHEREAS, the Commission has sufficient River East TIF Revenues on deposit in the
River East Allocation Fund to contribute River East TIF Revenues toward costs of the Project as
provided in the Development Agreement, which will directly serve and benefit the River East
Allocation Area; and
WHEREAS, the Commission now desires to agree to contribute a total amount of not to
exceed (i) $465,377 of South Side TIF Revenues, (ii) $2,475,686 of River West TIF Revenues,
and (iii) $1,058,937 of River East TIF Revenues, subject to appropriations thereof, toward the cost
of the Project all as described in the Development Agreement and subject to the completion of all
procedures required by law, and authorize and approve other actions related thereto, subject to the
terms and conditions set forth below;
3
NOW, THEREFORE, BE IT RESOLVED BY THIS SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
SECTION 1. The Commission hereby finds and determines that the Project, and the use
of South Side TIF Revenues to contribute to the Project as described herein, directly serves and
benefits the South Side Allocation Area, furthers the purposes for which the South Side
Development Area was created, and helps accomplish the South Side Plan.
SECTION 2. The Commission hereby finds and determines that the Project, and the use
of River West TIF Revenues to contribute to the Project as described herein, directly serves and
benefits the River West Allocation Area, furthers the purposes for which the River West
Development Area was created, and helps accomplish the River West Plan.
SECTION 3. The Commission hereby finds and determines that the Project, and the use
of River East TIF Revenues to contribute to the Project as described herein, directly serves and
benefits the River East Allocation Area, furthers the purposes for which the River East
Development Area was created, and helps accomplish the River East Plan.
SECTION 4. The Commission hereby authorizes the contribution of not to exceed (i)
$465,377 of South Side TIF Revenues, (ii) $2,475,686 of River West TIF Revenues, and (iii)
$1,058,937 of River East TIF Revenues, subject to appropriations thereof, toward the cost of the
Project, subject to the completion of all procedures required by law. The use of TIF Revenues as
described herein shall be junior and subordinate to any currently outstanding or future bonds or
lease obligations, if any, of the Commission payable from the applicable TIF Revenues.
SECTION 5. The Commission hereby authorizes a public hearing to be held on the
appropriation of (i) $465,377 of South Side TIF Revenues, (ii) $2,475,686 of River West TIF
Revenues, and (iii) $1,058,937 of River East TIF Revenues to provide funding to reimburse the
City for draws on the loan between the City and the Developer as described in the Development
Agreement and further authorizes the staff of the Department of Community Investment, with
assistance from counsel, to cause the notice of such hearing to be published and posted as required
by law.
SECTION 6. This resolution shall take effect immediately upon adoption by the
Commission.
4
ADOPTED at a meeting of the South Bend Redevelopment Commission held on August
14, 2025, in Room 1308, County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana, 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
By:
Troy Warner, President
ATTEST:
Eli Wax, Secretary
DMS 48567412v1
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 8/8/2025
FROM: Joseph Molnar -Assistant Director
Growth & Opportunity
SUBJECT: Resolution Accepting Transfer of Property from
County Board of Commissioners – 1636 Lincoln
Way West
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 Resolution Accepting Transfer of 1636 Lincoln Way West from County
Board of Commissioners
SPECIFICS: The property at 1636 Lincoln Way West is the site of the former South Bend Brewing Association. The
former brewery was demolished in 2022 during an emergency demolition action by the City of South Bend as the
building was near collapse and threatened the public safety in the adjacent right-of-way. Th is action placed a lien
on the property owed to the City. Since the lien has been unpaid, the County Commissioners have approved to
transfer ownership to the City to assist in redevelopment of the property. The proposed resolution accepts the
transfer of ownership of this parcel from the County Board of Commissioners to the Redevelopment
Commission. The County Board of Commissioners approved Resolution No. R-14-C-2025 to transfer this property
to the Redevelopment Commission at their meeting held on August 14th, 2025.
The parcel is now a vacant lot and is a promising opportunity for redevelopment efforts. The site is adjacent to
the proposed extension of the Coal Line Trail Phase III which will link the existing Coal Line Trail to the new
Dream Center. Acquisition of the property will help in the planning and construction of Coal Line Phase III and
provide a promising redevelopment opportunity moving forward on Lincoln Way West.
Staff recommend approval.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
RESOLUTION NO. 3641
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF A CERTIFICATE OF DELINQUENT REAL
ESTATE TAX SALE LIEN FROM THE BOARD OF COMMISSIONERS OF
ST. JOSEPH COUNTY, INDIANA
WHEREAS, St. Joseph County, Indiana (the “County”) is the owner of a Certificate of
Delinquent Real Estate Tax Sale (“Certificate”) lien against certain real property located within
the City of South Bend (the “City”), which Certificate was obtained by the County pursuant to the
tax sale process; and
WHEREAS, the care, custody, and control of County real estate is vested in the County’s
Board of Commissioners (the “Commissioners”) pursuant to Indiana Code Section 36-2-3.5-4; and
WHEREAS, the City has requested that the County transfer the Certificate for the property
described in Exhibit A to the South Bend Redevelopment Commission (the “SBRDC”); and
WHEREAS, the SBRDC exists pursuant to Indiana Code Section 36-7-14 and may acquire
property pursuant to Section 36-7-14-19; and
WHEREAS, the County is willing to transfer the Certificate to the SBRDC upon payment
of One Dollar ($1.00) and the SBRDC’s agreement to assume any recording and transfer costs
associated with said transfer; and
WHEREAS, the Indiana Code Section 36-1-11-8 provides for the transfer of the Certificate
between governmental entities by adoption of substantially equivalent resolutions; and
WHEREAS, on August 14, 2025, the Commissioners are adopting a resolution
substantially equivalent to this resolution setting forth the terms and conditions of the transfer of
the Certificate between the County and the SBRDC.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. The SBRDC hereby accepts the conveyance of the Certificate described in Exhibit
A from the County in accordance with Indiana Code Section 36-1-11-8.
2. For and in consideration of the conveyance of the Certificate, the City shall pay to
the County through the St. Joseph County Auditor, the sum of One Dollar ($1.00), and the SBRDC
shall assume all recording costs and transfer fees.
3.The SBRDC authorizes any member of the City’s Department of Community
Investment and/or any member of the City’s Department of Law to perform and/or cause the
performance of any action required by Indiana Code Sections 6-1.1-24-9(d) and 6-1.1-25-1 et seq.
to secure the Tax Title Deed, as well as to execute any other document necessary to affect the
SBRDC’s acceptance of the conveyance.
4.This Resolution will be in full force and effect upon its adoption by the SBRDC.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
________________ held in person at 1308 County City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601 and electronically.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Troy Warner, President
ATTEST:
______________________________
Eli Wax, Secretary
EXHIBIT A
Property Described in Certificate of Delinquent Real Estate Tax Sale
A part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 3, Township
37 North, Range 2 East, now within and a part of the City of South Bend, which part is bounded
by a line running as follows:
Beginning at the intersection of the East line of College Street with the Southerly line of
Lincolnway West (formerly Michigan Avenue) in the City of South Bend, thence running South
67 1/2 degrees East with the Southerly line of Lincolnway West, a distance of 411.6 feet, more or
less to the - Northwest corner of a tract of land formerly owned by Herman Huffman; thence South
parallel with the East line of said Section 3 to the North line of Rupel Street; thence West with the
North line of Rupel Street to the intersection of said North line of Rupel Street with the East line
of College Street; thence North with said East line of College Street, to the place of beginning,
excepting therefrom the right of way across said tract occupied by the Indiana, Illinois and Iowa
Railway Company, a branch of the New York Central Lines, and excepting therefrom the
following described tract: Beginning at the intersection of the South line of Lincolnway West
(formerly Michigan Avenue) with the East line of the right of way of the Indiana, Illinois and Iowa
Railway Company, a branch of the New York Central lines, which point is 329.3 feet South 67 1/2
degrees East of the point of intersection of the East line of College Street with the Southerly line
of Lincolnway West, thence running South 67 1/2 degrees East with the Southerly line of said
Lincolnway West a distance of 81.4 feet, more or less, to the Northwest corner of a tract of land
conveyed to Herman Hoffman by Jonathan P. Creed and Lucretia M. Creed, by deed dated
December 2, 1896 and recorded in Deed Record 102, pages 560-1, Recorder's Office of St. Joseph
County, Indiana; thence South parallel with the East line of said Section 3, 173.2 feet, more or less
to the North line of Rupel Street, thence West along the North line of Rupe1 Street 215.29 feet,
more or less to the East line of said right of way of Indiana, Illinois and Iowa Railway Company,
thence Northeasterly along the Easterly line of said right of way 247 feet, more or less, to the place
of beginning.
Commonly known as 1636 Lincoln Way West, South Bend, Indiana.
Parcel Key No. 018-2018-0536
State Tax ID No. 71-08-03-432-001.000-026
RESOLLTIOV NO.lbw-£12025
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Redevelopment Commission Agenda Item
DATE: 07/28/25
FROM: Lidya Abreha
SUBJECT: Budget Request
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request:
Staff is requesting funds to cover the next stage of conceptual and schematic design for the
Leighton Building to consolidate additional City offices.
The request is for $100,000.00 from River West development area to cover the consulting fees.
_________________________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 : 8/8/2025
FROM: Erin Michaels – Property Development Manager
SUBJECT: Opening of Bids for Taylor, Wayne & Western Lots
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: Opening of Bids for Taylor, Wayne & Western City-owned Lots
SPECIFICS: The Redevelopment Commission (RDC) issued a Notice of Intended Disposition and requested bids for
eleven (11) parcels bounded by Taylor, Wayne & Western. Bids are due at 9:00 a.m. on August 14, 2025. Any and
all bids received by that time will be publicly opened and read aloud at the August 14th RDC meeting.
_________________________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 : 8/8/2025
FROM: Erin Michaels – Property Development Manager
SUBJECT: First Amendment – 1547 CSR – South Bend, LLC
Network Operating Center
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 Proposed First Amendment to Network Operating Center Lease with 1547
SCR – South Bend, LLC
SPECIFICS: The Redevelopment Commission acquired the property located at 320 W South Street, more
commonly known as Union Station, through a Purchase Agreement dated July 25th 2024. As a part of this
acquisition the Redevelopment Commission was transferred the rights and obligations of a Network Operating
Center Lease (the “Lease”) with 1547 CSR – South Bend, LLC (the “Tenant”).
The Tenant is also the owner of the adjacent property located at 506 W South Street and operates a data center
in this building which shares a wall and entrance with Union Station. The Tenant is working to separate the data
center facility from Union Station and construct their own entrance. In the interim the Tenant is occupying space
and maintaining security at the entrance to Union Station per the terms of the Lease.
The Tenant has requested an extension of the termination date of the Lease to allow for the additional time
needed for construction to separate the data center facility from Union Station. Per the Lease the termination
date is August 19, 2025. The proposed First Amendment would extend this termination date to August 19, 2026
to allow the additional time needed to fully separate the buildings. The Tenant would continue to provide 24/7
security and property supervision for Union Station through the extended length of the Lease.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Networking Operating Center Lease (“First Amendment”) is made
effective as of August 14, 2025 (the “Effective Date”) by the City of South Bend, Indiana,
Department of Redevelopment, acting by and through its governing body, the South Bend
Redevelopment Commission (the “Landlord”) and 1547 CSR – South Bend, LLC, a Delaware
limited liability company (“Tenant” and collectively with the Landlord, the “Parties”). Each of the
Parties may be referred to in this Amendment as a “Party.”
Recitals
A. Tenant and Union Station Properties Holding LLC entered into a certain Network
Operating Center Lease dated August 20, 2024 (the “Lease”) to set forth Tenant’s access
rights and use of the network operating center currently existing at the property located at
506 West South Street in South Bend, Indiana as well as its security obligations thereto.
B. Union Station Properties Holding LLC transferred and assigned all of its rights and
obligations under the Lease to the South Bend Redevelopment Commission as Landlord
under a certain Assignment and Assumption of Leases and Licenses dated August 20, 2024.
C. The term of the Lease is currently set to terminate on August 19, 2025.
D. Tenant has requested to extend the termination date of the Lease to account for additional
time needed for construction related to their use, and Landlord believes an extension of the
Lease term is in the best interests of the health, safety, and welfare of the City and its
residents.
E. The Parties therefore now desire to modify certain portions of the Lease as further set forth
herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
promises contained in this First Amendment and the Lease and for other good and valuable
consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1. The phrase “August 19, 2025” shall be deleted from Section 4 and replaced with
the phrase “August 19, 2026”.
2. Unless expressly modified by this First Amendment, the terms and provisions of
the Lease remain in full force and effect.
3. Capitalized terms used in this First Amendment will have the meanings set forth in
the Lease unless otherwise stated herein.
4. The recitals set forth above are hereby incorporated into the operative provisions
of this First Amendment.
5. This First Amendment will be governed and construed in accordance with the laws
of the State of Indiana.
6. This First Amendment may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute one and the same
Docusign Envelope ID: 0C9CC615-571B-417F-93CA-0CA522DAD4D8
instrument. Any electronically transmitted version of a manually executed original shall be
deemed a manually executed original.
Signature Page Follows
Docusign Envelope ID: 0C9CC615-571B-417F-93CA-0CA522DAD4D8
IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the
date set forth after their signatures.
“LANDLORD”
SOUTH BEND REDEVELOPMENT
COMMISSION
By:
Troy Warner, President
ATTEST:
Eli Wax Secretary
Date: _____________
“TENANT”
1547 CSR – South Bend, LLC
a Delaware Limited Liability Company
By:___________________________
Its__________________________________
Date:_______________________
Docusign Envelope ID: 0C9CC615-571B-417F-93CA-0CA522DAD4D8
Authorized Signatory
8/6/2025
South Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 8/11/2025
FROM: Erik Glavich, Director, Growth and Opportunity
SUBJECT: Second Amendment to Development Agreement
for “The Monreaux”
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: Second Amendment to a Development Agreement for the Monreaux residential
development
SPECIFICS: The Commission will consider a Second Amendment to the Monreaux Development Agreement that,
if adopted, would authorize an additional $303,000 in TIF expenditures to support the Monreaux project. Cost
increases and other challenges since the execution of the Development Agreement have necessitated
consideration by the Commission to increase support to ensure successful completion of the project. The
additional funds would be used to assist the Developer in making architectural improvements.
On November 20, 2023, the Commission entered into a Development Agreement with the Developer for the
construction of “The Monreaux” affordable housing project at 505, 507, 511, and 513 S. Michigan Street, the
former “Fat Daddy’s” site. The Commission also entered into a Purchase Agreement on July 14, 2022, for the sale
of the property for the Monreaux project. The due diligence period established by the Purchase Agreement was
amended 3 times—now set to expire on September 30, 2025—as the Developer has worked through design,
engineering, and financing.
The Development Agreement was amended on May 22, 2025 (the First Amendment). It increased the Funding
Amount to $3,300,000 (from $2,300,000) and increased the Private Investment commitment to $17,700,000
(from $13,700,000). The total project will consist of a 57,000 square foot building and 57 residential units, of
which 45 are income-restricted.
The Funding Amount authorized through the original Development Agreement and First Amendment would be
provided to the Developer in accordance with a loan agreement, which establishes that the loan would be
forgiven if the Developer completes the project as committed. In alignment with the Real Estate Purchase
Agreement, as amended, the Developer agrees to complete the project within 36 months of the Closing Date.
If the Commission were to approve this Second Amendment to the Development Agreement, the additional
$303,000 would not be included in the loan amount; it would instead be subject to the procurement processes
_________________________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
to which most local public improvements are subject. This Second Amendment does not amend the forgivable
loan fund amount or details.
Staff recommends approval of the Second Amendment. The Monreaux project is vital to the stabilization and
continued growth of the southern end of downtown South Bend. In addition to providing needed affordable
housing options, the project along with others in the area will be transformative.
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Second
Amendment”) is made and entered into to be effective as of August 14, 2025, by and between the
City of South Bend, Department of Redevelopment, acting by and through its governing body, the
South Bend Redevelopment Commission (“Commission”), and The Monreaux LLC, an Indiana
limited liability company with offices at 1335 Pyle Avenue, South Bend, Indiana 46615, and Delta
Ventures Ltd. (collectively, the “Developer”).
RECITALS
A. The Commission and the Developer entered into that certain Development
Agreement dated effective November 20, 2023, as amended by a First Amendment to
Development Agreement dated May 22, 2025 (collectively the “Development Agreement” or as
may be referred to as simply the “Agreement”), for development of certain real property located
in St. Joseph County, City of South Bend, State of Indiana, as more particularly described in
Exhibit A of the Development Agreement. All capitalized terms used but not otherwise defined
herein shall have the meanings ascribed to such terms in the Development Agreement.
B. Certain circumstances have changed since the execution of the First Amendment to
Development Agreement, and the Commission and the Developer now collectively desire to
further amend the Development Agreement to increase the Funding Amount to support
architectural improvements to the Project.
C. The Developer has revised designs for the Project and is prepared to move forward
to fulfill the commitments of the Development Agreement and other agreements with the
Commission related to this Project.
D. The Commission believes that the architectural changes to which the Developer is
committed and to which the increase in the Funding Amount would be used for are in the best
interests of the health, safety, and welfare of the City and its residents.
E. The Commission and the Developer now desire to amend the Development
Agreement as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of these premises, and the mutual covenants and
promises contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Developer and the Commission hereby agree as follows:
1. Recitals. The recitals set forth above, including each and every recital contained
therein, are incorporated into and made a part of this Second Amendment as though fully set forth
herein.
2. Amendments. The Development Agreement is hereby amended as follows:
a) Section 1.2 shall be deleted in its entirety and replaced with the following:
“1.2 Funding Amount. “Funding Amount” means the
total of:
(a) an amount not to exceed Three Million Three
Hundred Thousand Dollars ($3,300,000.00) of tax increment
finance revenues provided to the City by the Commission,
subject to annual appropriation by the Commission, to
simultaneously reimburse the City for its costs incurred, or
to be incurred, through the Loan Agreement that will be
subsequently executed by the Parties pursuant to the terms
of the Loan Agreement, which will be used for paying a
portion of the Local Public Improvements; and
(b) an amount not to exceed Three Hundred Three
Thousand Dollars ($303,000.00) of tax increment finance
revenues to be used for paying the costs associated with the
Local Public Improvements procured by the Board of Works
to purchase exterior siding materials for certain architectural
improvements to the Project.”
b) A new Section 1.4 shall be inserted in SECTION 1. DEFINITIONS,
which states as follows:
“1.4 Board of Works. “Board of Works” means the Board
of Public Works of the City, a public body granted the power to
award contracts for public works pursuant to I.C. 36-1-12.”
c) In the last sentence of Section 3.1, the text “January 31, 2024” shall be
deleted and replaced with the following: “January 31, 2026.”
d) In Section 3.7, the reference to “Exhibit F” shall be deleted and replaced
with “Exhibit E.”
e) A new Section 3.9 shall be inserted in SECTION 3. DEVELOPER’S
OBLIGATIONS, which states as follows:
“3.9 Grant of Easement. Upon assuming ownership of the
Developer Property, the Developer will grant to the Commission a
temporary, non-exclusive easement on, in, over, under and across
any part(s) of the Developer Property (the “Easement”) in the form
attached hereto as Exhibit F, to permit the Commission to fulfill its
obligations under this Agreement, including the construction,
equipping, inspection, and delivery of the Local Public
Improvements. The Easement shall (a) inure to the benefit of the
Commission and the Board of Works or any contractors acting on
behalf of the Commission in connection with the construction,
equipping, inspection, and delivery of the Local Public
Improvements; (b) shall bind the Developer and its grantees,
successors, and assigns; and (c) shall terminate no later than upon
completion of the Local Public Improvements, as determined by the
Board of Works.”
f) A new Exhibit F shall be inserted in the form attached hereto as Exhibit 1.
g) A new Section 3.10 shall be inserted in SECTION 3. DEVELOPER’S
OBLIGATIONS, which states as follows :
“3.10 Obtain Necessary Easements. The Developer agrees
to obtain any and all easements from any governmental entity and/or
any other third parties that the Developer or the Commission deems
necessary or advisable in order to complete the Local Public
Improvements, and the obtaining of such easements is a condition
precedent to the Commission’s obligations under this Agreement.”
h) A new Section 3.11 shall be inserted in SECTION 3. DEVELOPER’S
OBLIGATIONS, which states as follows :
“3.11 Costs and Expenses of Construction of Project. The
Developer hereby agrees to pay, or cause to be paid, all costs and
expenses of planning, construction, management, and all other
activities or purposes associated with the Project (including legal,
architectural, and engineering fees), exclusive of the Local Public
Improvements, which shall be paid for by the Commission by and
through the Funding Amount subject to the terms of this
Agreement.”
i) A new Section 3.12 shall be inserted in SECTION 3. DEVELOPER’S
OBLIGATIONS, which states as follows :
“3.12 Specifications for Local Public Improvements. The
Developer will be responsible for the preparation of all bid
specifications related to the Local Public Improvements, and the
Developer will pay all costs and expenses of such preparation,
provided, however, that if the Commission pays any costs or
expenses of such preparation, then the amount paid by the
Commission will be deducted from the Funding Amount. The
Developer will submit all bid specifications related to the Local
Public Improvements to the City of South Bend Engineering
Department (the “Engineering Department”). The Engineering
Department may approve or disapprove said bid specifications for
the Project in its sole discretion and may request revisions or
amendments to be made to the same. The Commission shall not be
required to expend the Funding Amount unless the Engineering
Department has approved all bid specifications.”
j) A new Section 4.4 shall be inserted in SECTION 4. COMMISSION’S
OBLIGATIONS, which states as follows:
“4.4 Completion of Local Public Improvements.
(a) The Commission hereby agrees to complete
(or cause to be completed) the Local Public Improvements
described in Exhibit C attached hereto on a schedule to be
reasonably determined and agreed to by the Commission and
the Developer, as may be modified due to unforeseen
circumstances and delays.
(b) Before any work on the Local Public
Improvements will commence, (a) the Commission will
have received satisfactory plans and specifications for the
Project and responded in accordance with Section 3.5
(“Submission of Plans and Specifications for Project”) of
this Agreement, and (b) the Engineering Department will
have received satisfactory bid specifications for the Local
Public Improvements and approved the same in accordance
with Section 3.12 (“Specifications for Local Public
Improvements”) of this Agreement.
(c) The Local Public Improvements will be
completed in accordance with all applicable public bidding
and contracting laws and will be subject to inspection by the
Engineering Department or its designee.
(d) Notwithstanding anything contained herein
to the contrary, in the event the costs associated with the
Local Public Improvements procured by the Board of Works
to purchase exterior siding materials for certain architectural
improvements to the Project are in excess of the Funding
Amount, Developer, at its sole option, may determine to pay
to the Commission the amount of the excess costs to permit
timely completion of the Local Public Improvements by the
Commission, or an agent of the Commission, which amounts
shall be applied for such purpose. If Developer chooses not
to pay any such excess costs of the Local Public
Improvements (above the Funding Amount), the
Commission may reduce the scope of the Local Public
Improvements to the amount which may be funded with the
Funding Amount. In no event will the Commission be
required to spend more than the Funding Amount in
connection with the Local Public Improvements.”
k) In Section 6.1, the last sentence shall be deleted in its entirety and replaced
with the following text:
“In the event that the Developer fails (a) to complete the Project by
the Mandatory Project Completion Date, or (b) to expend the full
amount of the Private Investment by the Mandatory Project
Completion Date, Developer will be considered in default, and the
Developer will be required to repay (i) all Funding Amounts
received in accordance with the terms of the Loan Agreement; and
(ii) One Hundred Fifty Percent (150%) of the portion of the Funding
Amount expended by the Commission for costs associated with the
the Local Public Improvements procured by the Board of Works to
purchase exterior siding materials for certain architectural
improvements to the Project, as of the date of the Commission’s
demand, as agreed upon monetary damages sustained by the
Commission, the City, and citizens of South Bend for the
Commission’s direct investment into the Project, the negative
impact upon the Commission’s ability to develop other projects in
South Bend, and expenses of City employees supporting the Project,
including, redevelopment staff, engineering staff, and legal
department staff.”
l) In EXHIBT C, Description of Local Public Improvements, the first sentence
shall be deleted in its entirety and replaced with the following:
Local Public Improvements will include site work, purchase of exterior
siding materials for certain architectural improvements to the Project, and
other improvements in support of the construction of the Project as agreed
upon between the Parties, in accordance with all applicable laws and
regulations.
3. Entire Agreement; Conflict. Except as otherwise stated herein, all other terms,
conditions and agreements contained in the Development Agreement remain unmodified and in full
force and effect. To the extent a conflict exists between the terms of this Second Amendment and
the Development Agreement, the terms of this Second Amendment shall control. Capitalized terms
used in this Second Amendment will have the meanings set forth in the Development Agreement
unless otherwise stated herein.
4. Counterparts; Electronic or Facsimile Transmission. This Second Amendment
may be executed in counterparts which, when combined, shall constitute one instrument. The
electronic or facsimile transmission of a signed counterpart of this Second Amendment shall be
binding upon the party whose signature is contained on the transmitted copy.
Signature Page Follows
IN WITNESS WHEREOF, Commission and Developer have executed this Second
Amendment to Development Agreement to be effective as of the date set forth above.
SOUTH BEND REDEVELOPMENT COMMISSION
___________________________________
Troy Warner, President
Attest: ___________________________________
Eli Wax, Secretary
THE MONREAUX LLC
___________________________________
Devereaux Peters, Managing Member
DELTA VENTURES LTD.
___________________________________
Sophia Porter, Director
B-1
EXHIBIT 1
EXHIBIT F
Form of Easement
B-2
GRANT OF TEMPORARY EASEMENT
THIS INDENTURE, made as of the _________ of ____________, 20___ (the “Effective
Date”), by and between The Monreaux LLC, an Indiana Limited Liability Company, with offices
at 1335 Pyle Avenue, South Bend, Indiana 46615 (the “Grantor”), and the South Bend
Redevelopment Commission, governing body of the City of South Bend Department of
Redevelopment, 1400S County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601 (the “Grantee”).
WITNESSETH:
For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt
of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee
a temporary, non-exclusive easement (the “Easement”) on, in, over, under and across the real
property described in attached Exhibit 1 (the “Property”) for the construction, equipping, and
delivery of certain improvements on the Property (the “Local Public Improvements”), together
with the right of ingress to and egress from the Easement for said purposes, all pursuant to a certain
Development Agreement by and between Grantor and Grantee, dated November 20 2023, and
subsequently amended on May 22, 2025, and August 14, 2025 (the “Development Agreement”).
Capitalized terms not otherwise defined herein shall have the meanings set forth in the
Development Agreement.
The Easement granted herein shall pertain to the air, surface, and subsurface rights and
interests of Grantor, for the use and benefit of Grantee, and its successors and assigns, to the extent
necessary to accomplish and carry out the construction, equipping, and delivery of the Local
Improvements on the Property. The Easement hereby granted includes the right and privilege for
Grantee at reasonable times to clean and remove from said Easement any debris or obstructions
interfering with said Easement.
The Easement granted herein, and its associated benefits and obligations, shall inure to the
benefit of Grantee and Grantee’s contractors acting on Grantee’s behalf in connection with the
Local Public Improvements.
Notwithstanding anything contained herein to the contrary, unless extended in writing by
Grantor, the Easement shall terminate and be of no further force and effect on the date (hereinafter,
the “Construction Termination Date”) of the earliest of the following: (a) completion of the Local
Public Improvements; (b) expiration or earlier termination of the Development Agreement; or (c)
such earlier date as Grantor and Grantee may agree to in writing.
B-3
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on
the date shown in the acknowledgment set forth below to be effective as of the Effective Date.
GRANTOR:
The Monreaux LLC
Printed: Devereaux Peters
Its: Managing Member
STATE OF _________________ )
) SS:
COUNTY OF _________________ )
Before me, the undersigned, a Notary Public in and for said State, personally appeared
Devereaux Peters, to me known to be the Managing Member of the Grantor in the above Grant of
Temporary Easement, and acknowledged the execution of the same as the Grantor’s free and
voluntary act and deed.
WITNESS my hand and Notarial Seal this __________ day of _______________, 20____.
________________________________________________
___________________________________, Notary Public
Residing in _________________ County, _____________
My Commission Expires: _______________________
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. /s/ Danielle Campbell Weiss
This instrument was prepared by Danielle Campbell Weiss, Senior Assistant City Attorney, City of South Bend, Indiana, Department of Law,
227 W. Jefferson Boulevard, Suite 1200S, South Bend, IN 46601.
B-4
EXHIBIT 1
Description of Property
Tax ID No. 018-3017-0628
Parcel Key No. 71-08-12-306-010.000-026
Legal Description: 132 Ft E End Lot 19 Martins Add
Commonly known as: 505 S. Michigan Street, South Bend, Indiana 46601
Tax ID No. 018-3017-0629
Parcel Key No. 71-08-12-306-011.000-026
Legal Description: N 44' Lot 20 Martins Add
Commonly known as: 507 S. Michigan Street, South Bend, Indiana 46601
Tax ID No. 018-3017-0631
Parcel Key No. 71-08-12-306-012.000-026
Legal Description: S 1-3 Lot 20 Martins Add
Commonly known as: 511 S. Michigan Street, South Bend, Indiana 46601
Tax ID No. 018-3017-0632
Parcel Key No. 71-08-12-306-013.000-026
Legal Description: Lot 21 & N 1/2 Vac Alley S & Adj Martins Add
Commonly known as: 513 S. Michigan Street, South Bend, Indiana 46601
Redevelopment Commission Agenda Item
DATE: 8/14/25
FROM: Tamina Ewing
SUBJECT: Home Repair Program Mortgage Release
Funding Source* (circle one) River West; River East; South Side; Douglas Road; West Washington; RDC General
*Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
Purpose of Request:
In a previous version of the Home Repair Program, the city provided a combination of grants and
loans to eligible households to complete repairs at their residence. The loans for the program
were issued through the Redevelopment Commission. The loan associated with the property at
722 E. Ewing has been paid in full, and the staff is requesting the Commissioners approve the
mortgage release.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
MORTGAGE RELEASE
THIS CERTIFIES that a Mortgage (the “Mortgage”) by Sylvia Mae Kyle and Unice L. Lawshea, as
joint tenants with rights of survivorship and not as tenants in common, to and in favor of City of South Bend for
the use and benefit of its Department of Redevelopment (“Holder”), dated May 13, 2005 and recorded on June
7, 2005 as Instrument No. 0524512 in the Office of the Recorder of St. Joseph County, Indiana, together with
any amendments, renewals, extensions, or modifications thereto, has been fully satisfied and such Mortgage is
hereby FULLY RELEASED.
The South Bend Redevelopment Commission is the governing body of the City of South Bend
Department of Redevelopment. The undersigned President and Secretary of the South Bend Redevelopment
Commission executing this Mortgage Release on behalf of the Holder certify that they have full power and
authority to execute and deliver this Mortgage Release and that all necessary action for making this Mortgage
Release has been taken.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as of the 14th
day of August, 2025.
SOUTH BEND REDEVELOPMENT COMMISSION
By:
Troy Warner, President
ATTEST:
Eli Wax, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, 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 and acknowledged their voluntary execution of the foregoing Mortgage Release
being authorized so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the 14th
day of August, 2025.
____________________________________
________________________, Notary Public
Residing in St. Joseph County, Indiana
Commission Expires: __________________
This instrument was prepared by Danielle Campbell Weiss, Senior Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this do cument, unless required by law.
/s/ Danielle Campbell Weiss.