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HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 09.11.25 South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Agenda Regular Meeting, September 11, 2025 – 9:30 a.m. Council Chambers 4th 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 August 28, 2025 3. Approval of Claims A. Claims Allowance August 26, 2025 4. Old Business A. None 5. New Business A. River West Development Area 1. Public Hearing regarding the Amending Declaratory Resolution and Plan Amendment (RWDA Expansion Establishing a New Allocation Area at Lincoln/Kennedy Park) 2. Resolution No. 3648 Confirming the Amending Declaratory Resolution and Plan Amendment (Residential TIF Amendments to RWDA) 3. Second Amendment to Development Agreement (The Monreaux) B. River East Development Area 1. Budget Request (Potawatomi Conservatory Roof Replacement) 2. Amendment to Lease Agreement (East Bank Learning Center) 3. Opening of Proposals (Former YMCA Northside RFP) 6. Progress Reports A. Tax Abatement B. Common Council C. Other 7. Next Commission Meeting Thursday, September 25, 2025, 9:30 a.m. at BPW Conference Room 13th Floor CITY OF SOUTH BEND REDEVELOPMENT COMMISSION SOUTH BEND REDEVELOPMENT COMMISSION MINUTES August 28, 2025, 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 • Ophelia Gooden-Rodgers, Commissioner – (Council) February 2025 to December 2025 • Marcus Ellison, Non-Voting Advisor – (School Board) February 2025 to December 2026 Legal Staff: Sandra Kennedy, Corporation Council - Virtual Danielle Campbell Weiss, Senior Asst. City Attorney Redevelopment Staff: Caleb Bauer, Exec. 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 Tim Corcoran, Chief Planner, DCI Laura Hensley, Board Secretary, DCI Others Present: Riley Ellingsen, Earth Designs Real Estate LLC Frank Perri, Earth Designs Real Estate LLC Tom Panzica, Panzica Building Corporation William Panzica, Panzica Building Corporation Ginger Reilly, South Bend Tribune CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 2 2. Approval of Minutes A. Approval of Minutes of the Regular Meeting of Thursday, August 14, 2025. Commissioner Shaw pointed out a typo in Item #5A6, in the second paragraph, the word Latent should have been Leighton. The change was made in the posted minutes. Upon a motion by Eli Wax for approval, second by David Relos, the motion carried unanimously; the Commission approved the minutes with the noted typo fixed of the regular meeting of August 14, 2025. 3. Approval of Claims A. Claims Allowances August 12, 2025 Upon a motion by Ophelia Gooden-Rodgers for approval second by David Relos, the motion carried unanimously; the Commission approved the claims allowances of August 12, 2025. 4. Old Business A. None 5. New Business A. River West Development Area 1. Purchase Agreement (Sunoco on 1335 Portage Ave.) Joseph Molnar, Assistant Director of Growth and Opportunity, presented the purchase agreement for $100,850 for the Sunoco service station located at 1335 Portage Ave. The parcel would nicely connect with the Portage Elwood Shopping Center. It currently has its own direct access from Portage Avenue, but it shares the same block with the shopping center. Looking at the site from Portage Avenue, it used to be an auto repair shop dating back to the 1950s. The owner recently passed away, and the family chose not to continue the business. They reached out about selling the property, which is how the city got involved. To recap: • In June 2022, the Board of Public Works (BPW) acquired the Drewry’s site. • In December 2024, RDC purchased the Portage Elwood Shopping Center. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 3 • Plans for the area include new housing, commercial spaces, and a full redevelopment of the previously rundown shopping center and brewery. The parcel at 1335 Portage Avenue, built in the 1950s, went up for sale this summer. Acquiring it would give the city more space along Portage Avenue for better site design. Currently, the shopping center’s access from Portage is quite narrow, just a driveway. Owning 1335 Portage Ave. would extend access all the way to the bridge, improving the overall design and connectivity of the Portage Avenue redevelopment. • Purchase Price: The city is proposing to buy the property for $100,850, which is the average of two commissioned commercial appraisals. • Due Diligence Period: The purchase agreement includes a 60-day due diligence period. During this time: • A Phase I environmental assessment has already been completed, providing liability protections if the Redevelopment Commission (RDC) proceeds. • Title work will be initiated if the agreement is approved, ensuring the property can be fully transferred to the RDC before closing. • Closing Period: If everything checks out, there will be a 30-day closing period to finalize the purchase. Commissioner Gooden-Rodgers asked about us reaching out to the owners of 1335 Portage Ave. prior and Mr. Molnar stated no, and we have not been in discussions with the liquor store on the corner. Vice President Relos asked about any environmental issues with the site. Mr. Molnar stated that surprisingly nothing the City couldn’t handle. President Warner stated that he believed the tanks were removed a few years back. President Warner also thought it would be advantageous to reach out to the nearby liquor store as well. Upon a motion by David Relos for approval second by Eli Wax, the motion carried unanimously; the Commission approved the Purchase Agreement as presented on August 28, 2025. 2. Resolution No. 3647 (Accepting Drewry’s Property 1408 Elwood from BPW) Joseph Molnar, Assistant Director of Growth and Opportunity, stated that in 2022, the city acquired the Drewry’s Brewery site through a tax certificate, placing it under the Board of Public Works (BPW). CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 4 Since then, extensive work has been done on the site, including environmental testing and contaminant removal, in partnership with the EPA and IDEM. Now that cleanup is nearing completion, it makes sense to transfer ownership to the Redevelopment Commission, which is better suited for redevelopment efforts. The RDC already owns the adjacent shopping center, so having both properties under one entity simplifies future plans like subdividing the land or entering into development agreements. The Board of Public Works approved the transfer earlier this week. If the RDC agrees today, city staff will execute the deed and record the transfer with the recorder’s office. This change doesn’t affect RDC’s cleanup responsibilities—RDC has already contributed funding via TIF. The transfer is mainly a legal step that gives RDC the authority to move forward with redevelopment, including creating lots or working with developers. RDC’s structure is more flexible for these tasks than BPW’s. Upon a motion by Eli Wax for approval, seconded by Gillian Shaw, the motion carried unanimously; the Commission approved Resolution No. 3647 as presented on August 28, 2025. 3. Real Estate Donation Agreement (Property at 1724 Kendall St.) Erin Michaels, Property Development Manager, presented this donation agreement for one vacant residential lot in Rum Village, being transferred to the Redevelopment Commission (RDC) by a local builder who acquired it through a tax sale a few years ago. The builder has since decided they no longer have an interest in the property and would like to donate it to the City. The lot is currently zoned U1 (Urban Neighborhood 1) and measures approximately 0.1 acres, with dimensions of 35 feet wide by 130 feet long making it fully buildable for residential use. Under the proposed agreement, the City would have a 60-day due diligence period to conduct any necessary research on the lot. The closing would then occur within 30 days following that period. As part of the agreement, the City would cover all closing costs and recording fees, which are estimated to total a few hundred dollars. This is considered a favorable agreement, as the City already owns 30 vacant lots in this area. Adding this parcel to our portfolio would support future neighborhood development efforts, potentially through a scattered-site housing initiative with a developer. Secretary Wax asked if there are any apparent issues that the RDC would need to invest in. Ms. Michaels stated that she’s looked at the Sanborn maps and historical aerials and this lot has been vacant and CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 5 would only require mowing. Vice President Relos asked if they were current on paying taxes so the next installment in November would be taken care of by the City and Ms. Michael’s stated that when she last checked, they were current on paying taxes. Upon a motion by Ophelia Gooden-Rodgers for approval, seconded by Troy Warner, the motion carried unanimously; the Commission approved the Donation Agreement as presented on August 28, 2025. 4. Second Amendment to Development Agreement (The Monreaux) This Amendment was Tabled and will be presented at the September 11, 2025 meeting. Upon a motion by David Relos to table, seconded by Eli Wax, the motion carried unanimously; the Commission tabled the Amendment as presented on August 28, 2025. B. River East Development Area 1. Development Agreement (The Yard) Erik Glavich, Director of Growth and Opportunity, presented a development agreement for $3,075,000 in TIF support with a total investment of $14,075,000 for the project, with a December 31, 2029 completion date. The development is called The Yard, located on East La Salle between Hill Street and Niles Avenue. The developer is Earth Designs, owned by local developer Frank Perri. The agreement covers several properties: • On the north side of LaSalle, it includes parcels Mr. Perri has assembled, including a former gas station he purchased and cleaned up by removing the tanks. • On the south side, it includes the ivy-covered building and the surrounding parking lot, which will support the northern development. Mr. Perri already has a tenant lined up for the building. Mr. Perri has invested significant time and resources into revitalizing the East Bank neighborhood, and this project continues that momentum. The Yard will be a mixed-use, family-friendly destination featuring: • Restaurants and ice cream shops • A band shell for concerts • Assembly kitchen space • Private event space CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 6 • Open areas for kids and community gatherings It’s located right off The Link trail, the main connection between downtown South Bend and Notre Dame, making it a great spot for visitors and residents alike. The goal is to create a “third space”—a welcoming place for people to gather, relax, and engage with the community. This development will help connect the east side of the river with downtown and drive more foot traffic and economic activity. We’ve seen the positive impact of Mr. Perri’s work in the East Bank, and this project builds on that success. Frank Perri stated that Earth Design’s Yard Project in South Bend’s East Bank is a community-focused space designed to enhance livability and attract visitors. It’s part of a broader effort to revitalize the area with food, events, and boutique retail. • Timeline: Construction on two sites is expected to begin within 18– 24 months, with a final deadline of December 2029. • Features: Ice cream shop, bagel shop, pavilion with bar and event space, food trucks, and shared parking. • Business Model: Mostly free public access; revenue from food, drinks, and private events. • Goal: Activate the Link Trail and create a vibrant, mixed-use destination. Caleb Bauer, Director of Community Investment, emphasized the importance of pairing residential growth with quality-of-life experiences. The Yard’s location along the Link Trail is strategic, serving as a midway point between downtown and the university. Commissioner Shaw asked if there would be a fee to enter the gated area and Riley Ellingsen with Earth Designs Real Estate LLC stated there may be a charge for only ticketed concert events. He also stated that food and beverage sales will be the main revenue sources yet maintain both a public and private atmosphere. Secretary Wax asked about a reference to Section 8.3 that was not in the agreement in the packet. Staff explained Section 8.3 had been inadvertently deleted but the term had been agreed to, so the correct version was printed and provided to the Commissioners to review and approve. Matt Barrett inquired about establishing a minimum number of public opening hours. In response, Mr. Bauer emphasized that the intention is to operate these businesses in a manner that ensures they remain open and actively engaged with the public. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 7 Upon a motion by Troy Warner for approval with the missing Section 8.3 language, regarding Liquidated Damages Defined (Exhibit E), seconded by Eli Wax, the motion carried unanimously; the Commission approved the Development Agreement with the amended language on August 28, 2025. 2. Second Amendment to Development Agreement (Cascade-Wharf Partners, LLC) Joseph Molnar, Assistant Director of Growth and Opportunity, stated in the agreement included in the packet, there was a typo in Section F. It states that “Section 9.4 shall be deleted in the following text,” but no text followed. To clarify, we are not proposing to delete Section 9.4. The updated version—prepared by Laura Hensley—simply removes that erroneous line. As a result, the lettering of subsequent sections (G and onward) shifts up by one letter, but there are no substantive changes to the content. On to the development agreement itself: to orient ourselves, this pertains to the site formerly known as the Wharf site, now referred to as the Cascade Building. The Redevelopment Commission and Wharf Partners originally entered into a development agreement in February 2018, which was amended once in December of the same year. The agreement envisioned a two-phase project for the complete redevelopment of the vacant property located along the Saint Joseph River in the East Bank neighborhood, just north of Seitz Park. Let’s begin with an overview of Phase One. The Redevelopment Commission (RDC) committed just over $2.7 million to the project and fully expended that amount. The developer originally committed $19.25 million, but the actual investment totaled approximately $24.5 million— an increase of more than $5 million beyond the initial commitment. Regarding job creation, the original development agreement required a minimum of 20 jobs from the restaurant component. According to reports from the developer, that number has doubled, with current employment ranging between 40 to 45 positions, depending on exact hiring levels at the time. Before the project began, the assessed value of the Phase One parcel was just over $100,000, resulting in a tax liability of approximately $3,000. Today, the assessed value of the completed Phase One development stands at $22,356,000, with the actual paid tax liability reflected in the 2024 pay year with a payback period of 13 years. Under the original agreement, the developer was required to accommodate the needs of the City’s Seitz Park renovation and the University of Notre Dame’s hydroelectric project. Specifically, they CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 8 were obligated not to interfere with those projects through the construction of theirs. As many of you know, both the Hydro Project and the Seitz Park improvements experienced significant unforeseen delays—delays that were entirely outside the developer’s control, as they were not responsible for the other construction of those improvements. These delays directly impacted the developer’s ability to begin Phase Two. The agreement required the developer to accommodate the construction timeline for the other projects, and in fact, much of the Phase Two site was needed as a laydown area for Seitz Park construction materials. Seitz Park officially reopened in summer 2025, nearly three years later than originally expected. To clarify: no RDC funding has been spent on Phase Two to date while the developer waited to begin this portion of the project. Mr. Molnar presented an image from 2023 showing the developer’s parcel (outlined in blue) and the Riverwalk. You can see how the Phase Two area was occupied by construction staging for Seitz Park, making it impossible for the developer to proceed with their work during that time. Second Amendment Overview The proposal before you today is the Second Amendment to the original development agreement. This amendment updates several key figures and reflects the evolution of the project: • Total RDC funding increases from $5.237 million to $9.737 million across both phases. • The developer’s minimum private investment commitment increases from $38.5 million to $63 million. o That’s a $4.5 million increase in RDC commitment. o And a $24.5 million increase in the developer’s commitment. The amendment also includes an updated project plan for Phase Two. Originally envisioned as a five-story building with a possible second structure, the revised plan now calls for: • A single eight-story tower with underground parking (similar to Phase One). • A minimum of 20-24 residential units. • At least 10,000 square feet of commercial space. • Flexibility for an additional floor of either residential or commercial use. The construction timeline is also updated: • Start of construction: June 2026 CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 9 • Completion: 2029 Finally, the developer is no longer seeking a tax abatement for the residential portion of Phase 2. The original agreement anticipated a request for a 5- or 6-year, 100% abatement, but that has been removed. This has been replaced with a potential abatement for the commercial portion of the new building. The RDC also retains the right to withdraw funding if the Common Council does not approve the updated terms. Mr. Molnar explains that the tax payback period for Phase Two, similar to what we reviewed for The Yard. • The developer is committed to investing at least $38.5 million in Phase Two. • The current assessed value of the parcel is $83,000, with annual taxes just under $3,000. • Based on our modeling, the projected assessed value after completion is expected to exceed $27 million. This estimate is conservative, considering Phase One is assessed just below that and Phase Two is larger. • This would result in an estimated annual tax liability between $480,000 and $563,000, depending on whether the residential units are owner-occupied or rented. We’ve split the estimate to reflect both possibilities. Given these projections, the payback period for the city’s investment in Phase Two is estimated at 12 to 15 years, based on conservative assumptions and excluding any income tax contributions. • This model does account for tax abatements—assuming council approval of a payment in lieu of taxes. If the developer proceeds without abatements, the tax revenue would increase, and the payback period would shorten. Looking at the Cascade Project as a whole, including both phases: • The city’s support represents just over 13% of the total investment. • For comparison, The Yard had a slightly higher percentage due to its community-building focus. • The combined investment across all parties for both projects is just under $87 million. Mr. Perri stated that he’s excited along with his partners—Mr. Tom, Phillip, and Bill Panzica—to finally be getting Phase II going after the delays that were no fault of their own. Mr. Panzica explained that our building has to be post-tensioned concrete to get the views. We have a lot of glass, so we have more of an urban style of building. We call it a metro style that you would see in Chicago or Indianapolis or larger CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 10 cities. And when people come to South Bend, they're very impressed that we have that sort of product. And we were able to attract many people who came here from out of town and chose to live downtown instead of in Granger because South Bend was able to provide that walkable metro lifestyle. He stated that the support of the Redevelopment Commission and Community Investment has really been key to their success to make the product affordable and attainable, not only to people coming in from out of town, but to local people as well. Caleb Bauer added that it’s important to consider how construction materials impact the city’s long-term return on investment. In this case, the building is being constructed with post-tensioned concrete, which offers a much longer lifespan compared to traditional wood-frame (or “stick-built”) structures. While wood-frame buildings can last several decades, they often begin to show wear after 40 to 50 years. In contrast, a concrete structure like this could last close to 100 years or more. That means it can continue generating property tax revenue for the city over a much longer period. So, while we are being asked to support this project, we’re also investing in a building that will be a long-term asset on the riverfront— likely serving the community for generations. Secretary Wax asked about (Subsection F) of the Amendment and why that provision wasn’t updated. Mr. Molnar explained that we’re keeping it as it was in the original agreement. Its inclusion in the document in the packet was simply an error, and oversight wasn’t something we had discussed with the developer. That said, the question is valid. Based on past experience, we’ve learned the importance of updating certain provisions in our standard agreements, especially when there’s a significant new investment being made. The fee provision, in particular, is meant to protect the city’s interests. There is value in updating the language, and we did try to strengthen parts of the agreement where possible. However, since this agreement dates back to 2018, our goal was to keep the amendment focused—updating the project plan and terms without rewriting the entire document. That’s why we didn’t raise this specific change during negotiations. Also, this is the last agreement still in progress that predates current staff, so we aimed to maintain consistency with how similar agreements have been handled. Commissioner Ellison asked about what is planned for the retail space, and Mr. Perri is open to ideas but would like to see a complimentary breakfast/lunch or day spa on the first floor. Commissioner Gooden- Rodgers asked about how many condos are expected, Mr. Perri stated CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 11 20-25 units. Vice President Relos thanked the developers for their commitment to completing this project. Resident Matt Barrett expressed concerns about the total investment amount per market rate unit for this project and how that relates to the City’s investment in affordable housing units. He also suggested listing out more conditions in the agreements to make sure taxpayers get the value of their investments. Mr. Barrett also recommended formally amending agreements to officially extend deadlines when extenuating circumstances prohibit the original completion timeframes. Commissioner Wax noted that in the case of this deadline, the lack of performance was on the City and Notre Dame side, and not the Developers, but agreed generally with keeping agreements up to date with amendments where appropriate. Mr. Panzica commented that between the two buildings, the project will allow for a huge expansion of the tax base, contributing around $700,000 to $800,000 per year, and that it will not be a single developer paying these taxes. Once the condos are sold, roughly 42 different stakeholders will be on site paying those property taxes as well as income taxes and other contributions. Upon a motion by Eli Wax to amend Section F. Upon a motion by David Relos for approval as amended, seconded by Eli Wax, the motion carried unanimously; the Commission approved the Second Amendment as presented on August 28, 2025. 6. Progress Reports A. Tax Abatement B. Common Council C. Other Joseph Molnar, Assistant Director of Growth and Opportunity, updated the former City Center Place (also known as Center City Place) on South Michigan Street, which is undergoing redevelopment. The Redevelopment Commission (RDC) approved a development agreement with the new owner of the building, originally called the Grand Leader Building. They’re currently removing the façade and siding added in the 1960s to reveal the original stonework underneath—which is already improving the building’s appearance, even in its dusty state. In addition: • The RDC held a groundbreaking for Allen Edwin, a project for which the city provided land. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – August 28, 2025 12 • Advantix has also broken ground on two projects focused on affordable and workforce housing. They didn’t hold a formal ceremony due to tight deadlines related to their LIHTC (Low- Income Housing Tax Credit) requirements. • The purchase agreement with Stoic Distillery for a site that previously had an agreement with Bare Hands has seen progress at the site. Stoic has received its state distilling permit, which starts a one-year countdown before they can open for in-person service. The goal is to launch a tasting room within a year. In the meantime, their spirits are already available in local stores. 7. Next Commission Meeting Thursday, September 11, 2025, 9:30 a.m. in the 4th. Floor Council Chambers of the County-City Building. 8. Adjournment Thursday, August 28, 2025, 11:07 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, August 26, 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-0116147 $938,650.31 GBLN-0116206 $5,068,657.50 GBLN-0116703 $1,167,459.25 Total:$7,174,767.06 _______________________________ 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: _______________________________ Name: Attest: South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE: 9/3/2025 FROM: Joseph Molnar, Assistant Director of Growth and Opportunity SUBJECT: Public Hearing for River West Development Area Expansion and Lincoln and Kennedy Park Residential Housing Allocation Area - Resolution 3648 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: Hold a public hearing in accordance with Indiana Code 36-7-14-17 SPECIFICS: As required by Indiana state law, notice must be provided to affected property owners and a public hearing must be held regarding the proposed expansion of the River West Development Area and the designation of the Lincoln and Kennedy Park Residential Housing Development Program Allocation Area. A notice of public hearing was sent via first class mail to all property owners within the affected area. At the September 11, 2025, Redevelopment Commission meeting, the public will have the opportunity to express their opinion regarding the proposal. Following the public hearing, staff will provide updates to the Commission regarding the approval process, and the Commission will vote on whether to adopt the Confirmatory Resolution, effectively expanding the River West Development Area and establishing the Lincoln and Kennedy Park Residential Housing Development Program Allocation Area. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION I South Bend Tribune I The Herald Times PO Box 630485 Cincinnati, OH 45263-0485 The Times-Mail I Evening World AFFIDAVIT OF PUBLICATION Barnes & Thornburg LLP 201 S Main ST# 400 South Bend IN 46601-2130 The Reporter Times STATE OF INDIANA, COUNTY OF ST ,JOSEPH The South Bend Tribune, a newspaper printed and published in the county of St Joseph, in the State of Indiana, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspaper in the issue dated: 08/29/2025 and that the fees charged are legal. 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(in correct) Page 2 of 3 NOTICE OF PUBLIC HEARING OF THE SOUTH BEND REDEVELOPMENT COMMISSION REGARDING ADOPTION OF AN AMENDING DECLARATORY RESOLUTION Notice is hereby given that the South Bend Redevelop- ment Commission (the "Commission"), being the governing body of the South Bend Department of Redevel- opment (the "Department"), approved and adopted Reso- lution No. 3644 on July 24, 2025 (the "Amending Declara- tory Resolution"), which Amending Declaratory Resolu- tion approves certain amend- ments to the Declaratory Resolution (as defined in the Amending Declaratory Resolu- tion) of the Commission which established the River West Development Area (the "Area") and related allocation areas (collectively, the "Allo- cation Area"), and further amends the Declaratory Reso- lution and the Original Plan (as defined in the Amending Declaratory Resolution) pursuant to Indiana Code 36- 7-14 (the "Act") to (i) amend the boundaries of the Area to include certain additional territory (the "Lincoln and Kennedy Park Residential Program Expansion Area") in the Area, (ii) designate the Lincoln and Kennedy Park Residential Program Expan- sion Area, together with a redesignated portion of the existing Allocation Area (the "Redesignated Area" and together with the Lincoln and Kennedy Park Residential Program Expansion Area, the "Lincoln and Kennedy Park Residential Housing Develop- ment Program Area") as an allocation area pursuant to Sections 39 and 56 of the Act to be known as the "Lincoln and Kennedy Park Residential Housing Development Program Area Allocation Area," (iii) amend and restate the Original Plan (the Original Plan, as amended and restated, the "Plan"), and (iv) further amend the Plan to incorporate the residential housing program for the Lincoln and Kennedy Park Residential Housing Develop- ment Program Area as a component of the Plan (such amendments, collectively, the "Residential Amendments"). Written remonstrances to the Amending Declaratory Resolu- tion and the actions provided for therein must be filed with the Commission at the office of the Department of Commu- nity Investment at the County- City Building, Room 1400 S, 227 West Jefferson Boulevard, South Bend, Indiana, by 5:00 p.m. (local time) on Wednes- day, September 1 a, 2025. Notice is hereby given that the Commission will conduct a public hearing on Thursday, September 11, 2025, at 9:30 a.m. (local time), in the Coun- cil Chambers on the 4th Floor of the County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which the Commission will receive and hear remonstrances and objections from all persons interested in or affected by the proceedings pertaining to the proposed projects set forth in the Residential Amendments to the Plan and the Declaratory Resolution or other actions to be taken under the Amending Declara- tory Resolution. Following the public hearing, the Commis- sion will determine the public utility and benefit of the proposed projects set forth in the Residential Amendments and other actions to be taken under the Amending Declara- tory Resolution. Maps and plats of the Area have been prepared and, together with the Amending Declaratory Resolution and the Residential Amendments, can be inspected during normal business hours at the office of the Department of Community Investment at the County-City Building, Room 1400 S, 227 West Jefferson Boulevard, South Bend, Indi- ana. SOUTH BEND REDEVELOP- MENT COMMISSION HSPAXLP South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE: 9/03/2025 FROM: Joseph Molnar, Assistant Director of Growth and Opportunity SUBJECT: Amendment of River West Development Area - Resolution 3648 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: Adopt Confirmatory Resolution to provide for the expansion of the River West Development Area SPECIFICS: On Thursday, September 11, 2025, staff will update the Commission on the approval process, and the Commission will vote on whether to adopt the Confirmatory Resolution. If adopted, the River West Development Area will be officially amended and the Lincoln and Kennedy Park Residential Housing Allocation Area will be established. The following is a summary of previous steps and approvals: - 6/3/25: Staff met with the Linden Legacy Neighborhood Association to discuss plans. - 6/12/25: The Redevelopment Commission authorized a notice of public meeting regarding the Lincoln and Kennedy Park Residential Housing Development Program Allocation Area within the River West Development Area. - 7/24/25: The Redevelopment Commission adopted the Declaratory Resolution and Plan Amendment, effectively beginning the process. - 8/18/25: South Bend Plan Commission issued a Plan Commission Order affirming the Amending Declaratory Resolution and the Plan Amendment. - 8/25/25: South Bend Common Council adopted a Resolution affirming the Plan Commission Order. - 8/26/25: Public hearing notices were mailed to residents and overlapping taxing units, and the tax impact statement was delivered to overlapping taxing units. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION RESOLUTION NO. 3648 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION CONFIRMING A DECLARATORY RESOLUTION APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING A RESIDENTIAL HOUSING DEVELOPMENT PROGRAM AND RELATED MATTERS WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the City of South Bend, Indiana, Department of Redevelopment (the “Department”) and the Redevelopment District of the City of South Bend, Indiana (the “Redevelopment District”), exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time (the “Act”); and WHEREAS, the Commission has heretofore adopted a declaratory resolution (as subsequently confirmed and amended from time to time, the “Declaratory Resolution”) designating an area known as the River West Development Area (the “Area”) as an economic development area pursuant to the Act, designating the related allocation areas pursuant to Section 39 of the Act (collectively, the “Allocation Area”), and approving and subsequently amending from time to time a development plan for Area (the “Original Plan”); and WHEREAS, the Commission on July 24, 2025, approved and adopted its Resolution No. 3644 entitled “Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing a Residential Housing Development Program and Related Matters” (the “Amending Declaratory Resolution”), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Commission and the Original Plan previously approved by the Commission for the purpose of: (i) amending the boundaries of the Area to include certain additional territory (the “Lincoln and Kennedy Park Residential Program Expansion Area”) in the Area which is described at Exhibit A to the Amending Declaratory Resolution, (ii) designating the Lincoln and Kennedy Park Residential Program Expansion Area, together with a redesignated portion of the existing Allocation Area which is described at Exhibit B to the Amending Declaratory Resolution (the “Redesignated Area” and together with the Lincoln and Kennedy Park Residential Program Expansion Area, the “Lincoln and Kennedy Park Residential Housing Development Program Area”) as an allocation area pursuant to Sections 39 and 56 of the Act to be known as the “Lincoln and Kennedy Park Residential Housing Development Program Area Allocation Area,” (iii) amending and restating the Original Plan as set forth on Exhibit C to the Amending Declaratory Resolution (the Original Plan, as amended and restated, the “Plan”), (iv) further amending the Plan to incorporate the residential housing program for the Lincoln and Kennedy Park Residential Housing Development Program Area as a component of the Plan as set forth on Exhibit D to the Amending Declaratory Resolution; and WHEREAS, the South Bend Plan Commission, on August 18, 2025, approved and adopted its resolution (the “Plan Commission Order”) determining that the Amending Declaratory 2 Resolution and the Original Plan, as amended by the Amending Declaratory Resolution (as amended, the “Plan”), conform to the plan of development for the City and approved the Amending Declaratory Resolution and the Plan; and WHEREAS, pursuant to Section 16 of the Act, the Common Council of the City (the “Common Council”), on August 25, 2025, adopted Resolution No. 25-37 which approved the Amending Declaratory Resolution, the Plan and the Plan Commission Order; and WHEREAS, the Commission has received the written orders of approval as required by Section 17(a) of the Act; and WHEREAS, the Commission caused to be published and delivered the notices required by Section 17 and 17.5 of the Act, concerning the Amending Declaratory Resolution and the Plan; and WHEREAS, at the hearing (the “Public Hearing”) held by the Commission on September 11, 2025, the Commission heard all persons interested in the proceedings and received ____ written remonstrances that had been filed and considered those written remonstrances that were filed, if any, and all evidence presented; and WHEREAS, the Commission now desires to take final action determining the public utility and benefit of the Plan, as amended, and the proposed development activities for the Lincoln and Kennedy Park Residential Housing Development Program Area Allocation Area, approving the Plan, and confirming the Amending Declaratory Resolution, in accordance with Section 17 and Section 17.5 of the Act; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, as follows: 1. After considering the evidence presented at the Public Hearing, the Commission hereby confirms the findings and determinations, designations and approving and adopting actions contained in the Amending Declaratory Resolution. 2. After considering the evidence presented at the Public Hearing, the Commission hereby finds and determines that it will be of public utility and benefit to proceed with the proposed activities set forth in the Plan, as amended, and the Plan, as amended, is hereby approved in all respects. 3. The Amending Declaratory Resolution is hereby confirmed. 4. This Resolution constitutes final action, pursuant to Section 17(d) of the Act, by the Commission determining the public utility and benefit of the Plan, as amended, and the proposed activities and confirming the Amending Declaratory Resolution pertaining to the Area. 5. The Secretary of the Commission is directed to record and file the final action taken by the Commission pursuant to the requirements of Section 17(d) of the Act. 6. This resolution shall take effect immediately upon its adoption by the Commission. 3 ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 11th day of September, 2025. SOUTH BEND REDEVELOPMENT COMMISSION President ATTEST: Secretary EXHIBIT A AMENDING DECLARATORY RESOLUTION NO. 3644 (See attached) DMS 48611044v2 RESOLUTION No . 5142_25 Passed by the Common Council of the City of South Bend, Indiana August 25, 20 25 Attest: ', i c City Clerk Bianca L. Tirado Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 26, 20 25 itakt:11-1 ,aviAAO City Clerk Bianca L. Tirado Approved and signed by me S t/JtM L 20 25 Mayor 4.,45.4, I ' w` 1 v 865 • BILL NO. 25-37 RESOLUTION NO. 5142-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE SOUTH BEND PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION FOR THE RIVER WEST DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Redevelopment Commission"), the governing body of the South Bend Department of Redevelopment (the Department")and the Redevelopment District of the City of South Bend, Indiana(the"District"), pursuant to Indiana Code 36-7-14,as amended(the"Act"),on July 24,2025,approved and adopted its Resolution No. 3644 entitled "Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing a Residential Housing Development Program and Related Matters" (the"Amending Declaratory Resolution"); and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Redevelopment Commission and the development plan(the "Original Plan") previously approved by the Redevelopment Commission in connection with the establishment and subsequent amendment of the River West Development Area (the "Area") and designation of the related allocation areas (collectively, the "Allocation Area") to(i) amend the boundaries of the Area to include certain additional territory(the"Lincoln and Kennedy Park Residential Program Expansion Area")in the Area which is described at Exhibit A to the Amending Declaratory Resolution, (ii) designate the Lincoln and Kennedy Park Residential Program Expansion Area, together with a redesignated portion of the existing Allocation Area which is described at Exhibit B to the Amending Declaratory Resolution (the Redesignated Area" and together with the Lincoln and Kennedy Park Residential Program Expansion Area, the "Lincoln and Kennedy Park Residential Housing Development Program Area")as an allocation area pursuant to Sections 39 and 56 of the Act to be known as the"Lincoln and Kennedy Park Residential Housing Development Program Area Allocation Area,"(iii)amend and restate the Original Plan as set forth on Exhibit C to the Amending Declaratory Resolution the Original Plan, as amended and restated,the"Plan"),(iv) further amend the Plan to incorporate the residential housing program for the Lincoln and Kennedy Park Residential Housing Development Program Area as a component of the Plan as set forth on Exhibit D to the Amending Declaratory Resolution (clauses (i) through and including (iv), collectively, the "Residential Amendments"); and WHEREAS, on August 18, 2025, the South Bend Plan Commission (the "Plan Commission")met and adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining that the Amending Declaratory Resolution and the Residential Amendments conform to the plan of development for the City of South Bend,Indiana(the"City"), and designated such resolution as the written order of the Plan Commission approving the Amending Declaratory Resolution and the Residential Amendments, as required by Section 16 of the Act(the"Plan Commission Order"); and 1 WHEREAS, Section 16 of the Act prohibits the Redevelopment Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Redevelopment Commission to proceed with the further development of the Area as a result of the Residential Amendments; NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Plan Commission Order attached hereto is hereby approved,ratified and confirmed in all respects. SECTION 2. The determination that the Lincoln and Kennedy Park Residential Housing Development Program Area Allocation Area constitutes an economic development area under the Act is hereby approved pursuant to Section 15 of the Act. SECTION 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council. PASSED, by the Common Council of the City of South Bend, Indiana, this 25°i day of August, 2025. Canneth J. e,Council President South Bend Common Council Attest: LOAN/0i. kA4BiancaL. Tirado, Cityk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the 26`1' day of August , 2025, at 12 o'clock p.m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the *l day of Slept t/ , 2025,at ) o'clock 1 .m. AA, Jam Mueller, Mayor Cit of South Bend, Indiana EXHIBIT A PLAN COMMISSION RESOLUTION DMS 4861 103Ov l RESOLUTION NO.___ RESOLUTION OF THE SOUTH BEND PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COJ.\tmIISSION APPROV ING AMENDMENTS TO THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING A RESIDENTIAL HOUSING DEVELOPMENT PROGRAM AND RELATED MATTERS WHEREAS, the South Bend Plan Commission(the"Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the "City"): and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment (the "Department") and the Redevelopment District of the City of South Bend,Indiana(the"District"), pursuant to Indiana Code 36-7-14, as amended (the "Act"), on July 24, 2025, approved and adopted its Resolution No. 3644 entitled "Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing a Residential Housing Development Program and Related Matters" (the Amending Declaratory Resolution"); and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Commission and the development plan (the Original Plan") previously approved by the Commission in connection with the establishment and subsequent amendment of the River West Development Area (the "Area") and designation of the related allocation areas (collectively, the "Allocation Area") to (i) amend the boundaries of the Area to include certain additional territory (the "Lincoln and Kennedy Park Residential Program Expansion Area") in the Area which is described at Exhibit A to the Amending Declaratory Resolution, (ii) designate the Lincoln and Kennedy Park Residential Program Expansion Area, together with a redesignated portion of the existing Allocation Area which is described at Exhibit B to the Amending Declaratory Resolution (the"Redesignated Area" and together with the Lincoln and Kennedy Park Residential Program Expansion Area,the"Lincoln and Kennedy Park Residential Housing Development Program Area")as an allocation area pursuant to Sections 39 and 56 of the Act to be known as the "Lincoln and Kennedy Park Residential Housing Development Program Area Allocation Area," (iii) amend and restate the Original Plan as set forth on Exhibit C to the Amending Declaratory Resolution (the Original Plan, as amended and restated, the "Plan"), (iv) further amend the Plan to incorporate the residential housing program for the Lincoln and Kennedy Park Residential Housing Development Program Area as a component of the Plan as set forth on Exhibit D to the Amending Declaratory Resolution (clauses (i) through and including (iv), collectively,the"Residential Amendments");and WHEREAS, the Plan Commission desires to approve the Amending Declaratory Resolution and the Residential Amendments: and WHEREAS,the Commission has submitted the Amending Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of the Act,which Amending Declaratory Resolution is attached hereto as Exhibit A and made a part hereof: and WHEREAS, the Plan Commission has reviewed the Amending Declaratory Resolution and the Residential Amendments described in the Amending Declaratory Resolution and has determined that they conform to the plan of development for the City,and now desires to approve the Amending Declaratory Resolution and the Residential Amendments described therein and, pursuant to Section 16 of the Act, the Plan Commission desires to issue its written order approving the Amending Declaratory Resolution and the Residential Amendments described therein: NOW, THEREFORE BE IT RESOLVED by the South Bend Plan Commission, as follows: 1. Pursuant to Section 16 of the Act, the Plan Commission hereby finds and determines that the Amending Declaratory Resolution and the Residential Amendments described in the Amending Declaratory Resolution conform to the plan of the development of the City. 2. The Amending Declaratory Resolution and the Residential Amendments described in the Amending Declaratory Resolution are in all respects approved, ratified and confirmed. 3. This Resolution hereby constitutes the written order of the Plan Commission approving the Amending Declaratory Resolution and the Residential Amendments described in the Amending Declaratory Resolution pursuant to Section 16 of the Act. 4. The Secretary of the Plan Commission is hereby directed to file copies of the Amending Declaratory Resolution with the minutes of this public meeting. 5. This Resolution shall be in full force and effect after its adoption by the Plan Commission. PASSED, ISSUED AND APPROVED by the South Bcnd Plan Commission this 10 day of August,2025. SOUTH BEND PLAN COMMISSION rest ent ATTEST: 1 c.0 ecrd a EXHIBIT A AMENDING DECLARATORY RESOLUTION See Attached) DMS 4S544005\2 A-I South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 9/9/2025 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 with The Monreaux LLC and Delta Ventures Ltd. (collectively, the “Developer”) for the Monreaux residential development SPECIFICS: The Commission will consider a Second Amendment to the 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 through material purchases. 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 traditional local public improvements are subject. This Second Amendment does not amend the forgivable loan fund amount or details. This Second Amendment would also amend the Agreement by incorporating the following provisions: • Updating a reference to when the loan agreement with the Developer must be executed • Clarifying when commitments under the Development Agreement have been met • Other standard development agreement provisions, including the description of local public improvements, that are necessary for the Commission to purchase siding materials 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. 1 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Second Amendment”) is made and entered into to be effective as of September 11, 2025, 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 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: 2 1.2 Funding Amount. “Funding Amount” means 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. b) A new Section 1.4 shall be inserted in SECTION 1. DEFINITIONS, which states as follows: 1.4 Additional Funding Amount. “Additional Funding Amount” means an amount not to exceed Three Hundred Three Thousand Dollars ($303,000.00) of tax increment finance revenues to be used for (i) paying the costs associated with the Local Public Improvements procured by the Board of Works to equip, purchase, and deliver, or cause to be purchased and delivered, exterior siding or other materials supporting architectural and other improvements to the Project and (ii) completing or causing to be completed any other Local Public Improvements. c) A new Section 1.5 shall be inserted in SECTION 1. DEFINITIONS, which states as follows: 1.5 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. d) In the last sentence of Section 3.1, the text “January 31, 2024” shall be deleted and replaced with the following: “January 31, 2026.” e) Section 3.3 shall be deleted in its entirety and replaced with the following text: 3.3 Timeframe for Completion. The Developer hereby agrees to complete the Project as set forth in the Project Plan and any other obligations the Developer may have under this Agreement by the completion date established in the Purchase Agreement, or otherwise agreed between the Developer and the Commission, as may be modified due to unforeseen circumstances and delays (the “Mandatory Project Completion Date”). The Developer further agrees the total Project will be completed in accordance with the Project Plan attached hereto as Exhibit B. (a) Upon issuance of Certificates of Occupancy for the entirety of the Project, and upon Developer’s 3 determination that it has substantially completed the Project, the Developer shall submit a written certificate to the Commission stating that the Project has been completed and is ready for use (the “Affidavit of Completion”). Upon the Commission’s receipt of the Affidavit of Completion, it shall conduct a final inspection at a date and time agreeable to the Developer. After the final inspection is conducted, the Commission shall provide a written determination to the Developer stating that: (i) the Project is substantially complete, and this Agreement and Developer’s obligations under this Agreement shall immediately terminate; or (ii) one or more components of the Project are not complete in substantial accordance with the Plans and Specifications (as later defined), with explanation of how to cure the incomplete component(s). In the event this Section 3.3(a)(ii) applies, once Developer believes such identified incomplete components have been substantially completed in accordance with the Plans and Specifications, it will notify the Commission and a new inspection process will take place as set forth in this Section 3.3(a). (b) Notwithstanding any provision of this Agreement to the contrary, the Developer’s failure to complete the Project as defined in this Agreement, and in substantial accordance with the Plans and Specifications, or 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, 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 Additional Funding Amount expended by the Commission for paying the costs associated with the Local Public Improvements procured by the Board of Works to equip, purchase, and deliver, or cause to purchase and deliver, the Project with materials for certain architectural and other improvements to the Project and any other Local Public Improvements supported by the Additional Funding Amount described in Exhibit C, as of 4 the date of the Commission’s demand, as further set forth in Section 6.1 of this Agreement. f) The first sentence of Section 3.4(b) shall be deleted and replaced with the following text: On or before June 30 and December 31 of each year following the commencement of construction until substantial completion of the Project, the Developer shall submit to the Commission a report, in the format set forth in Exhibit D, demonstrating the Developer’s good-faith compliance with the terms of this Agreement. g) In Section 3.5, the following text will be inserted at the end of the paragraph: The complete set of all plans and specifications for the Project as approved by the Executive Director of Department of Community Investment, or his or her designee, shall be referred to elsewhere in this Agreement as the “Plans and Specifications.” h) In Section 3.7, the reference to “Exhibit F” shall be deleted and replaced with “Exhibit E.” i) 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 (as each may be applicable) 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 (as each may be applicable) 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. Notwithstanding anything contained herein or in the Easement to the contrary, the Commission shall not have a right to construct any Local Public Improvements on the Developer Property without the express written consent of the Developer or its successors and/or assigns. j) A new Exhibit F shall be inserted in the form attached hereto as Exhibit 1. 5 k) A new Section 3.10 shall be inserted in SECTION 3. DEVELOPER’S OBLIGATIONS, which states as follows : 3.10 Obtain Necessary Easements or Approvals. The Developer agrees that it will be the Developer’s obligation to obtain any and all easements or other approvals from any governmental entity and/or any other third parties that the Developer or the Commission reasonably deems necessary or advisable in order to complete the Local Public Improvements, if applicable, and the obtaining of such easements or other approvals is a condition precedent to the Commission’s obligations under this Agreement. l) 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 and Additional Funding Amount subject to the terms of this Agreement. m) 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 for the Additional Funding Amount, 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 Additional 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 Additional Funding Amount unless the Engineering Department has approved all bid specifications. n) A new Section 4.4 shall be inserted in SECTION 4. COMMISSION’S OBLIGATIONS, which states as follows: 6 4.4 Completion of Local Public Improvements Using the Additional Funding Amount. (a) The Commission hereby agrees to equip, purchase, and deliver, or cause to be purchased and delivered, exterior siding or other materials supporting architectural and other improvements to the Project and advance funds to pay and complete, or cause to be paid for and completed, any other Local Public Improvements supported by the Additional Funding Amount 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 funded by the Additional Funding Amount will commence, (i) 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 (ii) the Engineering Department will have received satisfactory bid specifications for the Local Public Improvements funded by the Additional Funding Amount and approved the same in accordance with Section 3.12 (“Specifications for Local Public Improvements”) of this Agreement. (c) The Local Public Improvements funded from the Additional Funding Amount 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) The Commission agrees to expend the full amount of the Additional Funding Amount. 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 equip, purchase, and deliver, or cause to be purchased and delivered, exterior siding or other materials supporting the Project and any other Local Public Improvements supported by the Additional Funding Amount are in excess of the Additional Funding Amount, the Developer, at its sole option, may determine to pay to the Commission the amount of the excess costs of the materials and/or services to permit timely completion of the Local Public Improvements, which amounts shall be applied for such purpose. If the Developer 7 chooses not to pay any such excess costs, above the Additional Funding Amount, of equipping, purchasing, and delivering, or causing to be purchased and delivered, exterior siding or other materials supporting the Project and any other Local Public Improvements supported by the Additional Funding, the Commission may reduce the scope of the materials or services comprising the Local Public Improvements procured by the Board of Works to the amount which may be funded with the Additional Funding Amount. In no event will the Commission be required to spend more than the Funding Amount or Additional Funding Amount in connection with the Local Public Improvements. o) 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 Additional Funding Amount expended by the Commission for costs associated with the the Local Public Improvements procured by the Board of Works to equip, purchase, and deliver, or cause to purchased and delivered, the Project with materials and/or services for certain architectural and other improvements to the Project and any other Local Public Improvements supported by the Additional Funding Amount described in Exhibit C, 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. Notwithstanding the foregoing, the Commission hereby agrees to simultaneously provide notice of any default to the investor member of The Monreaux LLC, Cinnaire Fund for Housing Limited Partnership 41, a Delaware limited partnership, its successors and/or assigns (the “Investor”) at its current corporate headquarters using the procedures set forth in Section 8.8 (“Notices and Demands”). The Investor shall have the right, but not the obligation, to cure any default on behalf of the Developer and shall have an additional thirty (30) days after the Developer's cure period to cure such default. The 8 Commission agrees to accept any such performance or payment tendered by the Investor on behalf of Developer as if it had been performed or tendered by the Developer. p) Section 8.8 is hereby revised to also include the following notice parties: Investor: Cinnaire Fund for Housing Limited Partnership 41 c/o Cinnaire 41, Inc. 1118 S. Washington Ave. Lansing, MI 48910 Attn: Asset Management With a copy to: Kutak Rock LLP 1650 Farnam St. Omaha, NE 68102 Attn: Asher R. Ball q) EXHIBIT C, Description of Local Public Improvements, shall be deleted in its entirety and replaced with the Exhibit C attached hereto as Exhibit 2. 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 9 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 By:___________________________________ Troy Warner, President Attest: ___________________________________ Eli Wax, Secretary THE MONREAUX LLC By: Chateaux Monreaux LLC, its Manager By:_____________________________ Devereaux Peters, Sole Member DELTA VENTURES LTD. By:___________________________________ Sophia Porter, Director 1-1 Exhibit 1 EXHIBIT F Form of Easement 1-2 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 inspection, equipping, and construction (as may be applicable) delivery of certain materials or 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 inspection, equipping, and constructing (as may be applicable) delivery of the Local Public Improvements for the Additional Funding Amount (as defined in the Development Agreement) 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 Additional Funding Amount 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 Additional Funding Amount 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.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. 1-3 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. 1-4 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 2-1 Exhibit 2 EXHIBIT C Description of Local Public Improvements Local Public Improvements for the Funding Amount will include site work and improvements in support of the construction of the Project in accordance with all applicable laws and regulations and in substantial accordance with the Plans and Specifications and any other work and improvements in support of the construction of the Project as agreed upon between the Parties. Local Public Improvements for the Additional Funding Amount shall include procurement and delivery of materials to equip the Project with architectural and other improvements, in accordance with all applicable laws and regulations and in substantial accordance with the Plans and Specifications. In the event any sums remain unspent from the Additional Funding Amount after the purchase and delivery of such materials, the Parties may agree to the expenditure of the remaining Additional Funding Amount towards any other improvements to the Project eligible to be paid from tax increment finance revenues, in accordance with all applicable laws and regulations and in substantial accordance with the Plans and Specifications. Notwithstanding the foregoing, the Developer shall have the sole responsibility to fund any and all costs associated with the Local Public Improvements that exceed the Funding Amount and the Additional Funding Amount. Redevelopment Commission Agenda Item DATE: 09/11/2025 FROM: Zak Tebell 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 Potawatomi Conservatory Roof Replacement The request is for $40,000.00 from River East development area to cover the construction fees. This request will be a supplement to the existing funds of $125,000.00 for this project INTERNAL USE ONLY: Project ID: PROJ ; Total Amount – New Project Budget Appropriation Total Amount – Existing Project Budget Change (increase or decrease) Funding Limits: Engineering: $_____________________; Other Prof Serv Amt $_______________; Acquisition of Land/Bldg (circle one) Amt: $___________; Street Const Amt $________________; Building Imp Amt $_________; Sewers Amt $_________; Other (specify) Amt $ ________________ _________________________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 : 9/2/25 FROM: Erin Michaels – Property Development Manager SUBJECT: First Amendment to Commercial Lease with East Bank Learning 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 Commercial Lease between the RDC and East Bank Learning Center SPECIFICS: The Redevelopment Commission approved a purchase agreement for the former Oaklawn building located at 425 E Madison on November 25, 2024 and the RDC was assigned as Lessor to the Commercial Lease with the current tenant, the East Bank Learning Center. The East Bank Learning Center and RDC staff wish to amend the Commercial Lease to add or revise the following terms: - Clarify the leased space for the East Bank Learning Center - Either party may terminate this Commercial Lease with eighteen (18) months written notice - Clarify the Maintenance and Repairs responsibilities of the Lessor and Lessee - Update the annual rent increases to 2.5% - Update renewal terms to allow Lessee to renew lease for a twenty-four (24) month term provided they notify Lessor eighteen (18) months prior to the expiration of the Lease. o Rent during the renewal period to increase at a rate of 2.5% for the first twelve (12) month period of the renewal term and 2% for the second twelve (12) month period of the renewal term _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION Page 1 of 7 FIRST AMENDMENT TO COMMERCIAL LEASE This FIRST AMENDMENT TO COMMERCIAL LEASE (the “First Amendment”) is made and entered into effective on the 11th day of September, 2025 (“Effective Date”), among EBLC, LLC, an Indiana limited liability company (the “Lessee”) and the City of South Bend, Indiana, Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission (collectively, the “Lessor”) (Lessee and Lessor are hereinafter collectively referred to as the “Parties”, and each individually is hereinafter referred to as a “Party”). RECITALS WHEREAS, Lessee and Oaklawn Psychiatric Center, Inc. (“Oaklawn”) entered into that certain Commercial Lease dated October 1, 2017 (the “Original Lease”), and subsequently executed an Addendum modifying certain terms, made effective on October 4, 2023 (the “Addendum”) (the Original Lease, together with the Addendum, is hereinafter referred to collectively as the “Commercial Lease”), a true and accurate signed copy of which is attached hereto, and fully incorporated by reference, as Exhibit “1”; WHEREAS, on April 1, 2025, Oaklawn transferred its ownership of the property located at 425 E. Madison St., which contains the property that is the subject of the Commercial Lease, to the South Bend Redevelopment Commission (“Lessor”) and assigned the Commercial Lease to Lessor by way of the execution of that certain Assignment of Recorded Lease dated April 1, 2025 and recorded as Document Number 2025-07251 in the Office of the Recorder of St. Joseph County, Indiana on April 2, 2025; and WHEREAS, Lessee and Lessor each desire to amend the Commercial Lease in certain respects, while leaving the remaining terms and provisions of the Commercial Lease unchanged, as further set forth herein. NOW THEREFORE, Lessee and Lessor agree as follows: 1.Recitals. The above recitals are incorporated by reference and fully made part hereof. 2.Definition of Terms. All defined terms as used herein shall have the same meaning as set forth in the Commercial Lease, unless separately defined herein. Capitalized Terms used in this First Amendment shall have the same meanings set forth in the Commercial Lease, except as otherwise stated herein. 3. Amendments. The Parties hereby agree that the following amendments shall be the only amendments to the Commercial Lease: i.Paragraph 1, titled “Property Rented” shall be deleted in its entirety and replaced with the following: 1. Property Rented. Lessor hereby leases to Lessee, and Lessee agrees to Page 2 of 7 lease from Lessor, a portion of the real estate located at 403. E. Madison Street, South Bend, Indiana. The legal description of such real estate is Lot 4A East Bank Replat 12/13 NP#4334 06-2811. The portion thereof being leased by Lessee (hereinafter referred to as the “Premises”) is shown on the attached Exhibit 2 and commonly known as 425 E. Madison Street, , South Bend, Indiana. The square footage of the Premises is stipulated by the parties to be approximately 6,075 square feet. ii. Paragraph 2, titled “Term” is hereby deleted in its entirety and replaced with the following: “2. Term. This Commercial Lease shall commence as of the Effective Date and shall continue through September 30, 2028 (the “Term”). Either Party may terminate this Commercial Lease at any time by providing to the other party written notice delivered no later than eighteen (18) months prior to the termination date.” iii. Paragraph 6, titled “Maintenance and Repairs” is hereby deleted in its entirety and replaced with the following: “6. Maintenance and Repairs. Lessor agrees to maintain the following in good working order and repair at Lessor’s sole cost and expense for the duration of the lease Term: all interior and exterior maintenance and/or repairs including, but not limited to, the maintenance and/or repairs of all doors, windows, roofs, gutters and downspouts, HVAC, mechanicals, electrical, plumbing and plumbing fixtures, and foundation at the Premises herein being leased by Lessee. Lessor shall have the right at reasonable times, and with at least twenty-four (24) hours written notice, to enter the Premises to inspect the same, and make repairs, alterations, or modifications as deemed appropriate by Lessor, and as approved by Lessee. Lessee shall be responsible for all routine cleaning and janitorial service of the interior of the Premises. Lessee shall be responsible for all repairs and/or maintenance required as a result of the negligence, misconduct, or other actions of Lessee, its agents, employees, and invitees, including damages or expenses arising as to the Premises due to violations of the use restrictions set forth above.” iv. Paragraph 4, titled “Rental” is hereby deleted in its entirety and replaced with the following provision: “4. Rental. Lessee shall pay to Lessor, as rental for the leased Premises through the end of the Term, the sum of $8,748.00 per month, payable on the first day of each month of the Term. The monthly rental shall increase by 2.5% per year, including Amendments and the Renewal Terms. All such payments shall be made to the address of Lessor set forth in paragraph 23 below, or as otherwise directed by Lessor to Lessee in writing.” Page 3 of 7 v. Paragraph 10, titled “Taxes and Assessments” shall have the text “415” deleted and replaced with “403” with the remainder of the Section remaining unchanged. vi. Paragraph 23, titled “Notices” shall have the Lessor contact information replaced with the following: If to Lessor: City of South Bend Attn: Erin Michaels 227 W Jefferson Blvd, Suite 1400 S South Bend, IN 46601 With a copy to: South Bend Legal Department Attn: Corporation Counsel 227 W. Jefferson Blvd., Ste. 1200S South Bend, IN 46601 vii. The fourth paragraph of the Addendum shall be eliminated, and a new Paragraph 25 shall be inserted into the Commercial Lease, titled “Renewal,” which states as follows: “Renewal. At the end of the Term, Lessee may renew this lease for a period of twenty-four (24) months (the “Renewal Term”), provided that Lessee provides Lessor with its written intent to renew not less than eighteen (18) months prior to the expiration of the Term. Such Renewal Term shall be subject to the same terms and conditions as set forth herein, except for rent, which shall increase on an annual basis by two and one half percent (2.5%) from the rental rate during the Term starting on the date the Renewal Terms begins, and by another two percent (2%) starting on the date which is the one year anniversary of the commencement of the Renewal Term through the end of the Renewal Term. In the event Lessor engages in discussions with prospective purchasers of the Premises during the Term, Lessor agrees it will use commercially reasonable efforts to involve Lessee in such discussions to allow Lessee to consider any and all prospects for a longer term lease following the expiration of the Term, or the Renewal Term, as applicable.” 4. Commercial Lease Enforceability: With the exception of the amendments to the Commercial Lease contemplated by this First Amendment, all other terms and provisions of the Commercial Lease remain unchanged and in full force and effect, and the Parties hereby expressly reaffirm their respective obligations under the Commercial Lease. To the extent a conflict exists between the Commercial Lease and this First Amendment, the terms of this First Amendment shall control. 5. Unless expressly modified by this First Amendment, the terms and provisions of the Page 4 of 7 Lease remain in full force and effect. 6. This First Amendment will be governed and construed in accordance with the laws of the State of Indiana. 7. 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 instrument. Any electronically transmitted version of a manually executed original shall be deemed a manually executed original. Signature Page Follows Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Commercial Lease to be effective as of the Effective Date regardless of when executed below. “LESSEE”: EBLC, LLC By: Name: Keith Kleppe, Managing Member Date: “LESSOR”: CITY OF SOUTH BEND, INDIANA, DEPARTMENT OF REDEVELOPMENT, BY AND THROUGH ITS GOVERNING BODY, THE SOUTH BEND REDEVELOPMENT COMMISSION By: Troy Warner, President ATTEST: ___________________________ Eli Wax, Secretary Date: _____________ Page 6 of 7 EXHIBIT 1 Commercial Lease & Addendum Page 7 of 7 EXHIBIT 2 The Premises South Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 9/5/25 FROM: Erin Michaels – Property Development Manager SUBJECT: Opening of Former Northside Blvd. YMCA Site Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Public Opening of Former Northside Blvd YMCA Site Request for Proposal Submissions SPECIFICS: On June 26th 2025 the Redevelopment Commission approved a Request for Proposal (RFP) for a new middle density housing project in the East Bank of South Bend adjacent to the St. Joseph River and near cultural amenities such as the South Bend Farmers Market, Market District shops, and the riverwalk. The RFP set 12:00pm local time, September 10, 2025 as the due date for all submissions. Any and all submissions received by that time will be opened publicly at the September 11, 2025 RDC meeting. _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION