HomeMy WebLinkAbout01-26-2026 FINAL PacketOFFICE OF THE CITY CLERK
BIANCA L. TIRADO, CITY CLERK
INTEGRITY | SERVICE | ACCESSIBILITY
Jasmine Jackson Matthew Neal Veronica Pitt-Payne
CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: BIANCA L. TIRADO, CITY CLERK
DATE: THURSDAY, JANUARY 22, 2026
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, January 26,
2026:
Council Chambers
3rd Floor City Hall
215 S. Dr. Martin Luther King Jr. Blvd.
South Bend, IN 46601
The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting
Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/012626CC
4:00 P.M. BOARD OF FINANCE TBA
1. Annual Board of Finance Meeting where the South Bend Common Council
convenes as a local Board of Finance to elect its officers and to review the
City Controller’s Annual Investment Report
4:15 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI
2.Bill No. 25-44 - Resolution Calling for Relief from the Devastating Impact of
Senate Enrolled Act 1 on the City of South Bend and Other Local Governmental
Entities Within the State of Indiana
3.Bill No. 26-01 - Resolution Adopting an Investment Policy for the City of South
Bend for Calendar Year 2026
4.Bill No. 26-02 - Resolution Authorizing the City Controller as Signatory for the
State Revolving Loan Program
4:45 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER
1.Bill No. 25-52 - Resolution Approving and Adopting the LaSalle Park
Neighborhood Plan
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
2. Bill No. 26-03 - Resolution 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
5:15 P.M. COMMUNITY RELATIONS CHAIRPERSON, GOODEN-RODGERS
3. Bill No. 26-04 - Resolution Appointing Sharon Banicki, Komonique Thomas, and
George Jones to Three-Year Terms as Members of the Community Police Review
Board (Substitute)
Council President Canneth Lee has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Community Relations Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor James Mueller
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible
1
SOUTH BEND COMMON COUNCIL
M EETING A GENDA
Monday, January 26, 2026
7:00 P.M.
The South Bend Common Council meeting will be open to the public
at the Council Chambers on the 3rd floor of the South Bend City Hall, 215 S. Dr.
Martin Luther King Jr. Blvd., South Bend, IN 46601
or available by way of a virtual meeting using the Microsoft Teams Meeting
App. Public access to the meeting can be granted by this Microsoft Teams Link:
https://tinyurl.com/SBCC012626
1. INVOCATION
GARY MCCALLUM | IMPACT WORSHIP CENTER
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
JANUARY 12, 2026
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
UPDATE – RACLIN MURPHY ENCORE CENTER
7. COMMITTEE OF THE WHOLE TIME:_____
8. BILLS ON THIRD READING TIME:______
9. RESOLUTIONS
BILL NO.
25-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, CALLING FOR RELIEF FROM THE DEVASTATING
IMPACT OF SENATE ENROLLED ACT 1 ON THE CITY OF SOUTH BEND
2
AND OTHER LOCAL GOVERNMENTAL ENTITIES WITHIN THE STATE
OF INDIANA
25-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING AND ADOPTING THE LASALLE PARK
NEIGHBORHOOD PLAN
26-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ADOPTING AN INVESTMENT POLICY FOR THE CITY
OF SOUTH BEND FOR CALENDAR YEAR 2026
26-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING THE CITY CONTROLLER AS
SIGNATORY FOR THE STATE REVOLVING LOAN PROGRAM
26-03 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
26-04 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL APPOINTING
SHARON BANICKI, KOMONIQUE THOMAS AND GEORGE JONES TO
THREE-YEAR TERMS AS MEMBERS OF THE COMMUNITY POLICE
REVIEW BOARD (SUBSTITUTE)
10. BILLS ON FIRST READING
BILL NO.
01-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, REPEALING, SUPERSEDING AND
REPLACING CHAPTER 2, ARTICLE 1, SECTION 2-10.1 BY ESTABLISHING
THE POWERS AND DUTIES OF THE COMMON COUNCIL RULES
COMMITTEE AND ELIMINATING THE PROCESS AND PROCEDURES FOR
FILING COMPLAINTS AGAINST COUNCIL MEMBERS
02-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1114 MAYFLOWER ROAD COUNCILMANIC DISTRICT NO.
6 IN THE CITY OF SOUTH BEND, INDIANA
03-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1307 CORBY BOULEVARD COUNCILMANIC DISTRICT NO.
4 IN THE CITY OF SOUTH BEND, INDIANA
3
04-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1301 CORBY BOULEVARD COUNCILMANIC DISTRICT NO.
4 IN THE CITY OF SOUTH BEND, INDIANA
05-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY TO
ISSUE ONE OR MORE SERIES OF ITS TAXABLE ECONOMIC
DEVELOPMENT REVENUE BONDS AND APPROVING AND
AUTHORIZING OTHER ACTIONS IN RESPECT THERETO IN
CONNECTION WITH THE COLFAX CORNER ML, LLC PROJECT
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English
version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
2026 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-12-2026)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Troy Warner, Chairperson Sherry Bolden-Simpson, Member
Karen L. White, Vice-Chairperson Ophelia Gooden-Rodgers, Member
Citizen Member Citizen Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member
Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member
Citizen Member Citizen Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Canneth Lee, Member Troy Warner, Member
Sheila Niezgodski, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member
Sheila Niezgodski, Member Citizen Member
Citizen Member
INFORMATION AND TECHNOLOGY COMMITTEE - Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member
Savino Rivera, Citizen Member Citizen Member
PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member
Karen L. White, Vice- Chairperson Troy Warner, Member
Citizen Member Citizen Member
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member
Citizen Member Citizen Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works and
related public works and property vacation issues.
Ophelia Gooden-Rodgers, Chairperson Dr. Oliver Davis, Member
Sheila Niezgodski, Vice-Chairperson Troy Warner, Member
Citizen Member Citizen Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member
Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member
Sherry Bolden-Simpson Citizen Member
Citizen Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers, and all related matters.
Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member
Rachel Tomas Morgan, Vice-Chairperson Ophelia Gooden-Rodgers, Member
Dr. Oliver Davis, Member Sharon McBride, Member
Citizen Member Citizen Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Dr. Oliver Davis, Chairperson Troy Warner, Member
Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member
Citizen Member Citizen Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council.
Troy Warner, Member Sherry Bolden-Simpson, Member
2026 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2026)
CANNETH LEE, 1ST District Council Member
President
Council Rules Committee, Member
OPHELIA GOODEN-RODGERS, 2nd District Council Member
Community Relations Committee, Chairperson
Public Works & Property Vacation Committee, Chairperson
Community Investment Committee, Member PARC Committee, Member
Residential Neighborhoods Committee, Member Utilities Committee, Member
SHARON L. MCBRIDE, 3rd District Council Member
PARC Committee, Chairperson Health & Public Safety Committee, Member
Information & Technology Committee, Member Residential Neighborhoods Committee, Member
Utilities Committee, Member
TROY WARNER, 4TH District Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Council Rules Committee, Member
Health and Public Safety, Vice-Chairperson PARC Committee, Member
Public Works & Property Vacation, Member Sub-Committee on the Minutes, Member
Zoning & Annexation Committee, Member
SHERRY BOLDEN-SIMPSON, 5TH District Council Member
Utilities Committee, Chairperson Community Relations Committee, Member
Information & Technology, Vice-Chairperson Community Investment Committee, Member
Residential Neighborhoods Committee, Member Sub-Committee on Minutes, Member
SHEILA NIEZGODSKI, 6TH District Council Member
Vice-President
Personnel & Finance Committee, Chairperson
Community Relations Committee, Member Council Rules Committee, Member
Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson
Utilities Committee, Member Residential Neighborhoods Committee, Vice-Chairperson
DR. OLIVER DAVIS, AT LARGE Council Member
Zoning & Annexation Committee, Chairperson Health & Public Safety Committee, Member
Information & Technology Committee, Member Personnel & Finance Committee, Member
Public Works & Property Vacation Committee, Member Utilities Committee, Member
RACHEL TOMAS MORGAN, AT LARGE Council Member
Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member
Information & Technology Committee, Chairperson Utilities, Vice-Chairperson
Zoning & Annexation Committee, Vice-Chairperson
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhoods Committee, Chairperson Community Relations Committee, Vice-Chairperson
Community Investment Committee, Vice-Chairperson PARC Committee, Vice-Chairperson
Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member
City of South Bend
Common Council
i Iall • 2I.) S. \Limit Ludic' kit1ti.Jr. III\(I.
Sotiil, lucli:u,a Ififilll
October 22, 2025
Cal11101I .CC
I'rc ulc ul Filed in Clerk's Office
Rachel"I c,„ia; South Bend Common Council Oct 22, 2025
ic•c I'rr,icicut
227 W. Jefferson Blvd I c,nru I ir,i l
rug 1 arucr
i Irk uuiIi Il n 1. I
Cl,airl,crscm, Cnniuuittcc South Bend, IN 46601
ul We \\'ltolc Re A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
Cannot' l.cc OF SOUTH BEND, INDIANA, CALLING FOR RELIEF FROM THE
First District DEVASTATING IMPACT OF SENATE ENROLLED ACT 1 ON THE
c ICI i ll ltirr
CITY OF SOUTH BEND AND OTHER LOCAL GOVERNMENTAL
1c c c,t,(l District ENTITIES WITHIN THE STATE OF INDIANA
Sliaru„ I.. Nlclindk. Dear Council Members:
Third l)iarirt We are seeing the devastation Senate Enrolled Act 1 is having on local government
artier units as demonstrated by substantial cuts to the 2026 budget proposed to the
Fcmrtl, 1)1.11.1(.1 Common Council. It is projects that such cuts are not just a one-time adjustment but
will also be required in the future unless local governmental entities impose
Sl,crr li„Icicn-Sn„I» „ additional local income taxes on their residents.
Filth I)i;ui(.t This proposed resolution calls for relief from the devasting impact of Senate
Sheila Ntc, cl,k, Enrolled Act 1 though a replacement state revenue stream which does not negatively
SimI, l)i't,iet impact South Bend's ability to continue to meet the needs and expectations of its
residents now and into the future.
1)1.. c >In cr U:,"'Please schedule this proposed resolution for Committee hearing on October 27,
I l'"'14`. 2025,and place it on the full Council agenda later that night. We are asking that the
Itac l,cl I nua ‘I r,i,i resolution be assigned to the Zoning and Annexation Committee because it does not
fit neatly within any other committee,
Thank you for your consideration.
karcu I.. Wink:
l I.u4c.
Sincerely yours,
4„.-
4111Pf-
Dr. Oliver Davis,
At-Large, South Bend Common Council
25-44
Sherry Bolden-Simpson,
Fifth District, South Bend Common Council
I,i71) 235-1;t`)1• Fax 15711135-917:1 •'11)1) (37 1) 2:15-3.iG7 • hup: /w w'.soutI1hcudiu.gm
Filed in Clerk's Office
Oct 22, 2025
BILL NO. 25-44 Bianca Tirado
City Clerk, South Bend, EN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, CALLING FOR RELIEF FROM THE DEVASTATING IMPACT OF
SENATE ENROLLED ACT 1 ON THE CITY OF SOUTH BEND AND OTHER LOCAL
GOVERNMENTAL ENTITIES WITHIN THE STATE OF INDIANA
WHEREAS, the Indiana legislature passed legislation in 2025, most notably Senate
Enrolled Act 1 (SEA 1), which facially reduces residential property tax bills for homeowners and
changes how tax liabilities are calculated; and
WHEREAS, homeowners deserve affordable property tax bills as well as adequate public
safety and services; and
WHEREAS, the legislation does not provide replacement state funding for adequate
public safety and city services which will soon be showing devasting negative impacts; and
WHEREAS, the legislation will also stifle economic development opportunities in South
Bend, negatively impacting continued future growth; and
WHEREAS,the economic impact on municipal taxing units has been estimated to exceed
2 Billion; and
WHEREAS, the legislation provides an option for additional local income taxes of a
maximum of 1.2% for municipal services, plus a maximum of 1.2% for county services, plus an
additional income tax up to 0.05% for a possible local income tax rate of 2.9%; and
WHEREAS,the ability to adopt a local income tax option provided in the legislation could
be a helpful tool for municipal units who are given such authority, it is not adequate to replace the
magnitude of the funding being eliminated,thereby making the local income tax option a necessity,
rather than a true option; and
WHEREAS the local income tax option amounts to a mandated local income tax increase
on both homeowners and those who do not own their own homes; and
WHEREAS, the negative impact of the legislation is currently being seen through the
slashed budget proposals submitted for Common Council approval; and
WHEREAS, the legislation will likely impact public safety through the effects on
contracts recently negotiated between the City and South Bend police officers and firefighters;and
WHEREAS,replacement state funding is needed to maintain the level of public safety and
services that residents of South Bend expect and deserve.
NOW,THEREFORE,BE IT RESOLVED,by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I.The Common Council of the City of South Bend,Indiana calls for relief from
the devastating impact of Senate Enrolled Act 1 on South Bend and other local governmental
entities throughout the state.
SECTION II. More specifically, the Common Council calls for a replacement revenue
stream implemented by the State of Indiana which does not negatively impact South Bend's ability
to continue to meet the needs and expectations of its residents now and into the future.
SECTION III.This resolution shall become effective upon the date of passage.
Dated this 27th day of October 2025.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
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 day of 2025, at o'clock m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
December 3, 2025
City of South Bend
PLAN COMMISSION
Honorable Troy Warner
3rd Floor, City Hall
South Bend, IN 4660 l
RE: LaSalle Park Neighborhood Plan Adoption Resolution
Dear Committee Chair:
City Hall
215 S. Dr. Martin Luther King, Jr. Blvd.
Suite 500
South Bend, IN 46601
(574)235-7627
www.southbendin.gov/zoning Filed in Clerk's Office Dec 3, 2025
Bianca firauo
City Jerk, outh Bend, l
Enclosed is a Resolution for the approval and adoption of the LaSalle Park Neighborhood Plan.
This will serve as an adopted amendment to the City's Comprehensive Plan.
Please include the attached Resolution on the Council agenda for public hearing at your January
12, 2026 Council meeting. The petition is scheduled for public hearing at the December 15, 2025
South Bend Plan Commission meeting. The recommendation of the South Bend Plan
Commission will be forwarded to the Office of the City Clerk by noon on the day following the
public hearing.
If you have any questions, please call our office at (574) 235-7627.
Sincerely,
Brian Killen
Zoning Administrator
Tim Corcoran
Planning Director
Brian Killen
Zoning Administrator
Francisco Fotia
Commission President
25-52
Filed in Clerk's Office
Dec 3, 2025
BILL NO. 25-52 Bianca Tirado
City Clerk, South Bend, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING AND ADOPTING
THE LASALLE PARK NEIGHBORHOOD PLAN
WHEREAS,the City of South Bend, Indiana, recognizes the need to improve and
revitalize the LaSalle Park neighborhood through strategic planning; and
WHEREAS, in 2006,City Plan, the Comprehensive Plan for South Bend, was adopted
by the Area Plan Commission of South Bend-St. Joseph County and the Common Council of the
City of South Bend pursuant to the provisions of Indiana Code 36-7-4-500 et. seq. as a statement
of policy for the land use development of the jurisdiction; and
WHEREAS, Policy LU 1.1 of City Plan is to pursue the development of area-specific
plans; and
WHEREAS,the LaSalle Park Neighborhood Plan is a strategic revitalization plan that
was created with input from a variety of stakeholders, including residents and property owners,
and area businesses and other organizations; and
WHEREAS, the LaSalle Park Neighborhood Plan contains revitalization strategies,
detailed land use and zoning plans for the development of the area, and a strategic
implementation matrix, all with public and private sector investment opportunities; and
WHEREAS, the South Bend Plan Commission has approved the LaSalle Park
Neighborhood Plan by resolution,has certified it to the Common Council of the City of South
Bend, and has provided it with a favorable recommendation; and
WHEREAS, the Common Council of the City of South Bend, Indiana has the authority
to amend a comprehensive plan if it finds the content to be appropriate and in the best interests of
the community; and
WHEREAS, the LaSalle Park Neighborhood Plan,which is attached hereto and
incorporated herein, contains all the elements necessary to strategically guide development in its
specific area and is appropriate and in the best interest of South Bend and its residents.
NOW,THEREFORE,BE IT RESOLVED by the South Bend Common Council as
follows:
SECTION I: The LaSalle Park Neighborhood Plan,a true and complete copy of which
is attached hereto and incorporated herein, shall be and hereby is approved.
SECTION II:The adoption of the LaSalle Park Neighborhood Plan amends City Plan,
the Comprehensive Plan for South Bend, by providing further direction for the area of land
within the boundaries of the LaSalle Park Neighborhood Plan.
SECTION III: That this Resolution shall be in full force and effect from and after
its adoption by the Common Council.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
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 day of 2025, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025,at o'clock
m.
James Mueller, Mayor
City of South Bend,Indiana
2-
Filed in Clerk's Office
Dec 3, 2025
RESOLUTION NO. Bianca Tirado
City Clerk, South Bend, IN
A RESOLUTION OF THE PLAN COMMISSION OF THE CITY OF SOUTH BEND,INDIANA,
APPROVING AND ADOPTING
THE LASALLE PARK NEIGHBORHOOD PLAN
WHEREAS,the City of South Bend, Indiana,recognizes the need to improve and revitalize the
LaSalle Park neighborhood through strategic planning; and
WHEREAS,the South Bend Plan Commission is empowered to prepare,approve,and certify a
Comprehensive Plan for its area of jurisdiction by the provisions of Indiana Code, Section 36-7-4-500 et.
seq. entitled"500 Series—Comprehensive Plan"; and
WHEREAS,in 2006,City Plan,the Comprehensive Plan for South Bend,was adopted by the
Area Plan Commission of South Bend-St.Joseph County and the Common Council of the City of South
Bend pursuant to the provisions of Indiana Code 36-7-4-500 et. seq. as a statement of policy for the land
use development of the jurisdiction;and
WHEREAS,Policy LU 1.1 of City Plan is to pursue the development of area-specific plans; and
WHEREAS,the LaSalle Park Neighborhood Plan is a strategic revitalization plan that was
created with input from a variety of stakeholders, including residents and property owners,and area
businesses and other organizations;and
WHEREAS,the LaSalle Park Neighborhood Plan contains revitalization strategies,detailed land
use and zoning plans for the development of the area,and a strategic implementation matrix,all with
public and private sector investment opportunities;and
WHEREAS,the South Bend Plan Commission and the legislative body in preparing and
considering land use proposals are tasked under Indiana Code 36-7-4-603 to pay reasonable regard to: (1)
the comprehensive plan; (2)current conditions and the character of current structures and uses in each
district; (3)the most desirable use for which the land in each district is adapted; (4)the conservation of
property values throughout the jurisdiction; and(5)responsible development and growth;and
WHEREAS,the South Bend Plan Commission has reviewed the land use development and
potential future development of the LaSalle Park Neighborhood as defined by the LaSalle Park
Neighborhood Plan.
NOW,THEREFORE,BE IT RESOLVED by the South Bend Plan Commission as follows:
1. That the LaSalle Park Neighborhood Plan,which is attached to and made a part of this
Resolution,is approved as the land use policy for the future land use development of the area considered
and is submitted to the South Bend Common Council for their consideration and action.
2. That the LaSalle Park Neighborhood Plan conforms to the plan of development for the City.
3. That the LaSalle Park Neighborhood Plan is in all respects approved,certified,ratified and
confirmed.
4. That the Secretary of the Plan Commission is hereby directed to file a copy of the Plan with
the minutes of this public meeting.
5. That this Resolution shall be in full force and effect from and after its adoption by the South
Bend Plan Commission.
Passed by the South Bend Plan Commission this day of 2025.
Francisco Fotia,President
South Bend Plan Commission
ATTEST:
Brian Killen
Secretary
South Bend Plan Commission
2-
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e;LASALL PARK
cgborood R an
Draft Version: December 2025
Filed in Clerk's Office
Dec 3,2025
Bianca Tirado
City Clerk,South Bend,IN
Acknowledgments
James Mueller.Mayor of the City of South Bend
Ophelia Gooden-Rodgers,City Council Member,2nd District
A special thanks to all the residents and area organizations that shared their
thoughts and vision for the future of the LaSalle Park Neighborhood.
Department of Community Investment
Caleb Bauer,Executive Director of Community Investment
Tim Corcoran,Director of Planning&Community Resources
Michael Divita,Principal Planner
Chris Dressel,Senior Planner
Hannah Sherinian,Planner
Angela Rose,Senior Planner
Chaise Cope,Senior Planner
Planning Consultant
Tort Gallas+Partners
Fabrick Design
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FABRIC K]TORTI GALLAS + PARTNERS
DESIGN---u w,,----,.K----
TabLe of r
i ,
Contents y
JH ..(:Y_T
What is a Plan? Streets &Transportation
03 What is a Plan? 46 Streetscape Improvements&Traffic Calming
i.
4 7 i ii Y 7 . -- t - „
ten_..,'
04 Neighborhood PlanningPrinciples I is-, ' s '
4 g P 48 Bicycle Improvements R.„,.,,,. ,,. , S,.. -. ' rl i T)
Neighborhood Background Built Form &Zoning 4' '' '
I'," -"`
08 Planning Area 52 Built Form&Zoning A
a
i '•y J `
r 1 -'
09 Existing Conditions
s i ,pr55ProposedZoningMap
12 Neighborhood Character 56 Building Types Q.
14 Neighborhood Data m k F"Y
t- F-ram•
16 Land Use Timeline f;
Implementation MatrixPlanProcess & Engagement Im p
60 Implementation Strategies
20 Planning Process&Engagement
J
22 What We Heard 1 \
Neighborhood Plan
26 Neighborhood Plan Graphic&Focus Areas s
28 Planning Project Areas
F
s;.'
38 Housing Strategies&Housing Study
40 Parks&Trails
p ,1;s. ? !
i''t °
q` : ,g ' ikk• „w4
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41 Sustainability t+ .,
42 Tree Canopy Z .-
1 °.
What is a Plan?
A neighborhood plan is a shared statement about the 1Ir: .wr.. f1 0
Who is a plan for?w a
desired Long-term future for an area and a strategy w ! "V '`
to reach those goals. Developed through a public Neighborhood Residents
AAA.
t l
engagement process,a plan is a guide for: can use the plan to understand proposed initiatives in the short, y 01 1_a* iS 0
Making decisions about what kind of development medium,and long terms. s"
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y ''1 ' ` 1W i 1 ""Y
and services are appropriate. J
How resources should be allocated,and Developers,Builders,and Other Individuals Ti.
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1,
0
How issues residents.business and property owners.will use the plan to help determine the type.scale,intensity, 4/A F r"= i 44 '
and others in the neighborhood are concerned about and location of projects. jt
could be addressed. t \,
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1
1 lgilt':
Public Officials and Community Leaders i ''
Created in the context of the needs and priorities of the can use the plan to direct funding and to make decisions on
r :
r_
Larger region,a neighborhood plan focuses on assets and zoning and development issues. 4a\ J f
challenges unique to that specific area. Neighborhood i' +;
r j Ie-"
plans seek to create a more livable place that is attractive. City Staff i ci vAi. , y -
I/healthy,equitable,and sustainable for current and future will use the plan to understand key neighborhood issues and as
tioso.
i, y .,;
generationsa guide to implementing priority projects and initiatives. V.
Once adopted,a neighborhood plan becomes official city f
policy as an amendment to the City's Comprehensive Plan.How is a plan used?i
l
A neighborhood plan provides a broad framework for future 14
initiatives,and it serves as a starting point for more detailed if .
What does a plan include? planning and public engagement as individual projects are Y a
pursued. A plan will continually evolve to meet the changing
Neighborhood plans typically identify strategies to be needs of the community.
t y
N
implemented over the next 20•years for the following
y
u f
topics: The maps,diagrams,photographs.and other graphics tX
Public facilities and infrastructure(including parks, presented within a neighborhood plan are for illustrative
streets,sidewalks,bicycle facilities.lighting,and purples only.The images are not intended to represent the
utilities). exact results expected from the implementation of the plan.
Housing(types,condition.and affordability). but they provide a general representation of development Private Sector Public ectC)r
Zoning(building types and design.density.and principles,desired building types.land use,infrastructure,and The private sector is reponsible The city is responsible for all things in the
Locations for residential,commercial,industrial,and other elements that the plan establishes for building housing.opening and public domain.This includes building and
mixed-use development),and operating businesses,and making the maintaining streets.parks.puhlic utilities
Other matters important to the neighborhood. The specific scope.final form,and timing of neighborhood plan investments shown on private property. and public safety
initiatives will depend on market demand.the interest of private
organizations and individuals.available resources,and direction
from further public engagement. PARTNERSHIP
Working together,we can make a great neighborhood
4 LaSallr,Park N. fil)uthou t Plan What 1,_1 PGii;
Neighborhood Planning PrincipLes
The characteristics described below serve as the guiding principles for the development of the LaSalle Park Neighborhood Plan
Urban 0 Attractive Healthy 0 Equitable Sustainable
I he neighborhood is walkable. The neighborhood's physical The neighborhood encourages an The neighborhood's housing he neighborhood fully uses its
has a network of well-connected environment is thoughtfully active lifestyle for residents and accommodates the unique needs. xistinq infrastructure preserves
streets ai-d blocks,and a vat iely of managed to Make It desifable visitors,regardless of age or ability desii es.and income levels of all aid reuses structures of historic al.
i,ublie sl,aees. II contains a range competitive,and vibrant.The through engaging open spaces and households.Historic disinvestment ind/or architertt Ira!significance.
of I lousing types that draws poop!, neighborhood tealures well comfortable transportation options is addressed through zoning reform molements sensible envirnnmental
hut n allecut run tic levels.Amer lu maintained buildings and properties. Nutritious,fresh and affordable food and increased private and public policies and is committed to
suet r as slates,setlouLs,healthcare, sate streets for all users,quality is accessible. The neighborhood is investment promoting recovery reducing its carbon footprint.The
entertainment parks cultural public spaces and a memorable, free of pollution that would notably neighborhood is resilient including
institutions and places of worship are unique identity impact its residents by being prepared for the effects of
within a convenient distance climate change.
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Neighborhood Landuse Timeline
Overview
The following timeline highlights the multi-century Menominee
to Ottawa''
st`)°••
P a.
evolution of the LaSalle Park Neighborhood.Focusing
on the geological.cultural and land use history allows t AtOK'1'e S1'..tOSSYtt iin l
TAKF.for a deeper understanding of the current conditions of PORI ER Sac ,
the neighborhood. u Potawatomi
Meskwaki o
STARKE Kickapo0 _ ineStrrvyeZ"1N/7?9 4 .14" " ' bow^lay f a'
f3Tx Miami Q
i . ,
Grand
JASP''Kankakee Illinois
Moroomo
Marsh Shawnee `
1600 679
Grand Kankakee Marsh Native Tribes Fur Trade & French Settlement
The Great North-South Continental Divide(aka By the 1600's.Native American groups,primarily the The Kankakee River served as major route for Native
the"Midwest continental divide")that separates Miami and later the Potawatomi.had been living in the Americans and early settlers,notably French fur
the Great Lakes watershed from the south Atlantic St Joseph River Valley for centuries before European trappers.South Bend and Lasalle Park were once part
Ocean watershed also runs through South Bend and settlement began.The Miami tribe was an indigenous of a major route used by Native Americans and French
LaSalle Park.To the north of the divide.the St Joseph group near southern Lake Michigan.settling in a explorers to connect the Great Lakes and the Gulf of
River empties into Lake Michigan.and to the south, village along the St.Joseph River.Later.the St Joseph Mexico via an overland canoe portage between the
the Kankakee River flows towards the Mississippi River. Potawatomi became the primary inhabitants,occupying Kankakee and St Joseph rivers.On December 3,167g.
The Kankakee had a meandering course,nearly 240 the region along the St Joseph River for a significant with a group of 40,French explorer LaSalle headed
miles Long,through surrounding wetlands known as period,drawn to its rich resources. south from Fort Miami(St Joseph.Michigan).canoeing
the Grand Kankakee Marsh.With headwaters at South up the St.Joseph River to a portage at present-day
Bend.the"Everglades of the North"covered over 5,300 South Bend.
square miles from current day South Bend westward
into Illinois:perhaps the largest inland marsh wetland in They crossed through the LaSalle Park area to the
the US. Kankakee River and followed it to the Illinois River
eventually reaching Peoria.Illinois.Broader European
settlement followed.led by the English and French.
Lasalle's Landing is commemorated on the west bank
of the St.Joseph River,just east of where Pinhook Park
is today.
8 .- sw,._tl,,:,
Neighborhood Landuse Timeline
y, .a.M,. r- f.,/j
Nlkva'W.
kttleemtk f• '4M(+d
i I Lake Michigan -
I RA[L, OF DEATH
zSeRagoynakI
c sago - / iirilr. east. on north
bank o. Turin Lakes. .some.6 F
t'.:''-'
7...:':
4
TRADITIONAL POTAWATOMI HOMELANDS H(7n P(1}awatoml Indians.
were collected in August 1F;• --_ _ --
s' 1858 and forced to begin
d Ili)their long march to new E t
homes in the West. Many
perished ons the way.
ram
y-
1628-1830s 1838 1860-1900
Colonial& Intertribal Wars Indian Removal Act Kankakee Marsh Drained
Fueled by the fur trade competition and occupation by A series of land cession treaties made between 1795 Soon after the Civil War ended.a 50-plus year ditching
the Iroquois.the Miami tribe fled to northern Indiana. and 1846 led to the removal of most of the native tribes effort cut 250 meandering river miles,waterways.
The Miami asked for aid from others and a large force from Indiana.The Potawatomi and Miami removals and small tributaries down to go straightened miles
gathered to track down and ambush the Iroquois in the 183os and 184os were more gradual and destroying 95%of the habitat.In 1884.meetings were
near South Bend.leaving a large part of the region incomplete,and not all of Indiana's Native Americans held by landowners in South Bend to discuss the
depopulated. voluntarily left the state.In 1838 nearly a thousand drainage of the marsh.The upper river was also highly
Potawatomi people were forcibly removed from channelized with levees to allow easier transport of
After the retreat of the Iroquois,the Potawatomi South Bend,pushed to reservations in Kansas on the cut timber from the wetlands to sawmills downstream.
became the largest tribal population in the area.In Potawatomi Trail of Death.The Pokagon band was not Following increased settlement and agricultural
1681 La Salle negotiated a treaty with the Miami and forcibly removed because of affiliation with the Catholic development.the Marsh was eventually reduced to
Illinois tribes.The French and 39 Indian chiefs signed Church.The Miami were the last to be removed from roughly 1o%of its original size.
the Great Peace of Montreal in 1701.The Miami tribe Indiana in 1846,but many were permitted to remain
returned to take control of Indiana and northwest Ohio. under land treaties.
The Potawatomi went to Michigan.Peace lasted into
the 1720s.
I i. St:bscr,:uon 9
Neighborhood Landuse Timeline
T,R j= NEGRO HOUSING DEVELOPMENT PROGRESSES RAPIDLY,
1'- -r r- - 7 ef„, - y
lam ,
1880 1900-1930 1943-1952
Beck's Lake Emerged Industrialization & Growth Housing Development
As the former marsh waterways dried,some small By 1900,South Bend,Indiana,was a thriving industrial As South Bend's industries converted their production
lakes appeared in the late lgth century amidst the hub thanks to its strategic location,waterpower from during wartime era,much of the labor inside these
former marsh bottom.Formerly known as LaSalle the St.Joseph River.and the presence of prominent factories came from Eastern Europeans and US
Lake,Kankakee Lake then Stanfield Lake.Beck's manufacturers Like Studebaker and the Oliver Chilled southerners fleeing violence and poverty.
Lake first appeared on a 1863 land survey.It was soon Plow Works.Many key industries that started or
identified as one of the clearest ice sources in the relocated to the broader LaSalle Park area included Driven in part by protests in other parts of the city and
region and became a key source for ice harvesting Bendix Corporation,Singer Company,and the despite petitions against additional segregated housing
into the early 20th century.This led to it being named Malleable Steel Range Manufacturing Company.To in the area,LaSalle Park was designated as the site for
after George Beck of the George Beck and Sons Ice accommodate the surrounding industrial growth with a temporary federal housing for African Americans to
Harvesting Company new sewer installation in 1g27.Beck's Lake was drained house the increased workforce.In 1944,construction
to a depth of 18 inches. began on 310o and 3200 blocks of West Washington
Street(present day LaSalle Park)resulting in twenty
white cinder block duplexes that came to be known
as"the barracks"..The neighborhood strengthened as
a major settlement area for African Americans over the
next decade.
10 LI....,L_uon
Neighborhood Landuse Timeline
s N dye
i
1 i, i i,_ VVeglect' Charged in Blighted Are
1947-1953 1961-1966 1967
Unregulated Trash Dumping Urban Renewal Plan Debated Blighted Conditions Exposed
From the 1g3os until the 195os,part of LaSalle Park In 1g61 the South Bend Urban Redevelopment Residents first organized their response to worsening
was occupied by Becks Lake Dump.The dump Commission initially unveils a zoo-acre urban renewal conditions in 1g5g by delivering a petition to the
was suspected to contain industrial waste including plan impacting 800 homes,with 150 to be demolished. City's Board of Public Works asking for paved streets.
asbestos,plating and paint waste.solvents and oils. Community opposition leads to a revised plan in 1964 sidewalks,and sewer improvements.By 1g63,
and arsenic-contaminated foundry sand from Bendix with fewer demolitions and a new community center dilapidated housing conditions were gaining wider
Corporation and others. The city acquired the site facility(the future Charles Black Centerl.The 1.1 million community awareness.Prompted by an invitation from
in 1.,947 and it closed in 1g53 but Illegal dumping budget includes relocation of 133 families that would local neighborhood leaders,the South Bend Tribune's
continued for many years following.The area would still temporarily lose their homes. publishes a front-page story exposing the squalid
be transitioned into a city park property over the living conditions noting,"World War II worker housing
next decade,but any environmental site assessment carved up into duplexes and overrun with families,filth
was probably nonexistent given the regulations and and vermin long overdue for any type of clearance
requirements of the era. The"barracks"housing that were constructed zo years
prior had fallen into disrepair and the City of South
Bend was the landlord.
Neighborhood Landuse Timeline
rl °
tsCut-de sac Streets sr--
S Present Problems 17
w rByhuRCHldONTKDVASspansChapinSt. c. prnw-C1N cavarmmr w.iw. _q m Iito wi f r,.
e:„.:
slm a, an umova-to Chicago s Picasso statue.-- - i ` rlionInsheetdesgn!o the:
meow:. '
A i_' 4Pproval also was wen fortbRghtedLaSalleParkurbanre-:approval gutter and curb wortnewelprojectarea, are rece v-at a cost of utterINE0
d curb
done to
r
n°1 1ng less than whole-hearted ac•the LaSalle projeM by Woodruff
I rl+:li w
ceptance, Howard J. Bellinger,and Sons,Inc.I.
executive director of the South Bellinger said the city Street
a
Bend Redevelopment Depart-Department has sealed Chicago
meat told the Redevelopment St. in the project and will do . ,
t Commission Thursday. i
1967 1968-1977 1968 — 1974
Civil Unrest & Street Alteration Urban Renewal Disconnection & LaSalle Park Homes
Demolition
Fueled by years of tension from a tack of investment The Urban Renewal Plan for the neighborhood The Greater South Bend Housing Corp began
and unfulfilled promises by city leaders in an included an alteration of the neighborhood street grid construction of LaSalle Park Homes in 1968 by Corp
atmosphere reflecting the national civil unrest,violence and reduce vehicle access.The addition of cul-de- added 150 units of housing by 1974.Originally a
arose on July 25 and 26 ig67.Roving gangs taunting sacs would permanently disconnect four north south non-profit organization providing affordable rental
residents were met by rock throwing.Altercations streets(Bendix,Kentucky,Lake and Chicago)from housing to low-income families and the elderly.the
between police and African American youths at a Western Avenue.The logic of the plan was to increase development provided new housing for some of those
neighborhood center in the 2goo Block of Western public safety by preventing access at non signalized displaced by the ongoing renewal program.
Avenue,led to police firing into the building striking intersections within the neighborhood but was also
one youth.A second youth struck by police gunfire later viewed as a way to improve police surveillance of the
suffered an amputated leg.The violence also resulted area.These changes reportedly weren't supported by
in property damage and numerous arrests. all as the cul-de-sac proposed for Wellington Street
was cancelled following opposition.
12 [ I Suh,r-„ tInrr
Neighborhood Landuse Timeline
e
k
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b.`
TI -1
IIIU.ANT)I.A&4t IAS.4I.I.E kn al- and x h.,h repr.'. I .of the etc ices-me
Wive lake.called Becky Lake.and a JD- mean The lake canes a a vent,enter re
1961— 1969 1980-2000 2000—Current
Beginning of LaSalle Park and EPA Clean-up Investing into the Future
Restoration of Beck's Lake In 1984 the Bendix Corporation informed the EPA In 2002,the Weed and Seed plan articulated a vision
Transformed from a one-time dump site with addition of past dumping activities,and it begins testing for the future,goals to make the vision a reality.and
of io.000 cubic yards of fill and soil the 32-acre LaSalle activities making periodic assessments initially addressed key restoration needs of the neighborhood
Park is established in 1961.The park included athletic concluding that no further action is warranted.In wog, over the next ten years.Recommendations included
fields.a playground area.shelter house.and a wooded the EPA conducted an expanded site inspection, supporting new owner-occupied housing and
picnic area to the east finding elevated levels of arsenic and other known improving the park.Additionally.the 2014 West Side
contaminants which results in the EPA adding Beck's Main Streets plan,which was focused on mainly
The LaSalle Recreation Center opened in 1.967 Lake to its national list of"Superfund"sites in 2013 corridors and public spaces,outlined a vision for
providing spaces for a variety of recreation plus locker leading to a remediation strategy. The City and an expanded LaSalle Park.The plan also looked
rooms,lounges.storage,activity and other meeting Honeywell(the corporate descendant of Bendix) for opportunities to stabilize the neighborhood
spaces.The center was re-named in honor of former entered into an agreement to study and determine with additional new residential and/or rehabilitated
center director Charles Black in 1ggg. the extent of contamination and identify plans for residential.A series of streetscape improvements
remediation.The EPA announced an agreement with along the Western Avenue commercial corridor were
At the urging of residents.Beck's Lake is restored Honeywell and the City for short-term clean-up.In completed in 2015,2017,and in wig.
in 1g6g.The 8-acre excavated site would serve as 2022,the top two feet of soil was removed and refilled
storm/surface water retention pond.A sledding hill is with new soil within designated areas. Charles Black Center improvements were completed
also constructed on the western edge of Beck's Lake in 2018 to accommodate a wide range of programing
constructed either of fill dirt.demolition debris.or both. activities followed by a 2-million-dollar renovation
to LaSalle Park adding several new outdoor features
including new paths,a roller-skating loop.new shaded
seating areas,a second pavilion and picnic area.
r 1:-:1 Sub,--unli 13
Planning Area
The planning area for the LaSalle Park Neighborhood Plan is generally
i
bounded by railroad tracks to the north,Meade Street to the east.Sheridansk t
Street to the west.and Western Avenue to the southt
Planning Area Boundarym.
sal I
r Linden Avenue
N
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ems.
c w
m
Colfax Avenue
9 r
t 41k0'11111
s ` ,,.;Washington Street
111.70,
t. 4 n y r: k °mod!` N
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l';Iw.a a Jefferson Boulevard 1. f
of N C
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Western Avenuei s
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Neighborhood Context Map.Neighborhood Boundary Map.
Existing Conditions
y
i
Below Ito'Elevation:Higher T
1.`.
Wooded Area Industrial buildings and
s
frequency of vacant lots In this area undeveloped land
a:.
Linden Avenue:High-speed street with 1 , ,' Railroad hacks:Busy rail line with
missing sidewalks Linden Avenue limited crossings
LaSalle Park Large city park with Amtrak Station:The train station
recent improvements paths,roller -t e ; ,„,, for South Bend,offering four daily
skating loop.pavilions,soccer fields t ,.
tru
g,„ • departures
basketball courts,and Beck's Lake v
LaSalle Park a a
Colfax Avenue Confusing Intersection:Unclear traffic
Charles Black Community Center. controtat Colfax.Meade.and Kaley
Neighborhood hub offering daily Charles Black
programs.gymnasium.community 4. William C.Ellison Apartments ,
Community Center r*•asN Washington Street:Primary east-
rooms,computer lab.music room.i west street in neighborhood.Subject
weight room,and game room V-*
Washington Street T: a to flooding near Beck's Lake.Key bike
LaSalle Park till route through the neighborhood
Homes ro
William C.EWson Apartments:az-unit
y i!O Disconnected Street:Jefferson
senior apartment building f
N
t. c ;I
Jefferson Boulevard
Boulevard is split into four section,
LaSalle Park Homes:150-unit multi o
family affordable housing development J, u.
with
Street Major north-south
allstr
et
A
with no direct connection to LaSalleci
Cul-de-sac Streets:Chicago,Lake. eilos 4,_ '1 x Park Neighborhood
il
Kentucky,and Bendix have no vehicle
Western Avenue Western Avenue:Major east-west
access to Western Avenue I ror
street.Mixed-use neighborhood center •
it Elementary School with recent streetscape improvements
M
14 Major Street Minor Street U Disconnected Street: Landmark - Low Lying Vacant Lots
t,iS;lic P-ok Nnic1hbuU huad Phil Nbiq iibuihobd B.Sc kyruuno 15
Neighborhood Topography
The historic headwaters of the Grand Kankakee Marsh was Located in y_,
LaSalle Park.The ricer flowed southwest in a natural,meandering course
T •Jr.cirri-. 1 ` Planning Area Boundary
until approximately 1860.Although the Kankakee Marsh was drained to
r•-.'' ' `
i s' r l
n
41 1,
better accommodate development,much of the soil composition,water
w" •- rrII p•, Al _--.,i1 1; +rw Building Footprint
f
table depth.and low elevation of land is still seen and presents challenges ti ry f
for housing development
4 h
I Body of Water
Possible solutions to the challenges in LaSalle Park's geological I
1.- Below 710'Elevation 14
composition include developing in defined areas with a lower water table. II
higher elevation,and better draining soiL Modern technologies in building i
construction can help provide better stability for mucky soil including water
k ,''-._- 710-712'
IL 7,2_7i4.
mitigation systems for basements and crawl spaces. a_
I
The following is a map showing elevations and soil composition areas 17
r .i ,T;Soil Classification
based on the most recent USDA soil survey. f
Soil Classifications vI.m
HplrA-Houghton muck,very poorly drained.frequent ponding,water
rn u j ` "'
table depth of about o inches c l
v
J
MgdAN-Martisco muck,very poorly drained.frequent ponding,water i', L'• •
A. k bill i t7„ {
table depth of about 0 t0 6 inches uLi T —
1 a i I_I' 1 _ I !
PaaAN-Palms muck,very poorly drained,frequent ponding,waterII. + ' I f a
table depth of about 0 inches a
I {
i i • _ * ' .f , •_ •_ •
1 r t .
PxtA-Psammaquents.somewhat poorly drained,water table depth of
about 6 to 18 inches J T h
UdkA-Urban land-Brady complex.somewhat poorly drained,water d
table depth of about 6 to 18 inches 1
L ; ' •
I. i •+ { • i
I . { I .S
1 1O 1'UegA-Urban land-Gilford complex,poorly drained.frequent ponding. L
water table depth of about o to 12 Inches i i L— J' I.- I `.ii t_ 1.,ta_ !I ;::{I . 6,{ • I I
UkaA-Urban land-Maumee complex,poorly drained,frequent i= -
ponding,water table depth of about 6 to 12 inches
16 L,jS iI. Pa,k NeiclhbOoh,:cl i'l.vi N.-igl,C:;1,,,oa Ho:-k ..-....;
1. r i
111111 Hli
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li r i r ® is
d. - _ no _ meil. . L.. I •
2_
n ,ocg FA South East corner of Liberty and Washington
1 111 CT,r v iR u ® + b. . , la it _,mlimv, me
u Cl I'- I Lin I_ ~ r s!
p.
a
Kaley Street-Washington Street Area Jefferson Boulevard-Western Avenue Area Sheridan Avenue- Falcon Street Area
The lower lying area along Washington Street moving The lower lying area just north of Western Avenue The lower lying area along Sheridan Avenue and Falcon
i
southeast,are shown in the graphic as mostly between Lake and Dundee Streets,are shown in Street.are shown in the graphic as partly developed.
undeveloped.This land being less than 710 feet above the graphic as mostly undeveloped.This land being This land being less than 710 feet above sea level and
sea level and the soil being characterized as being less than 710 feet above sea level and the soil being the soil being characterized as being poorly drained.
poorly drained,mucky,and having frequent ponding characterized as being poorly drained,mucky,and mucky.and having frequent ponding of water.With the
of water.With the water depth ranging between o to having frequent ponding of water.With the water depth water depth ranging between 0 to 18 inches and the View looking East on Linden Street
12 inches and the poor quality sal development of ranging between 0 to 12 inches and the poor quality poor quality soil.development could be more difficult
housing on these tots would be more difficult than other soil,development of housing on these lots would be than other areas within the neighborhood with better
areas within the neighborhood with better draining soil more difficult than other areas within the neighborhood draining soil and a lower water table.The lower lying
and a lower water table. with better draining soil and a lower water table. land in this focus are drains slightly better than other
areas in the neighborhood which may be why homes K ••,,-
still exist in this area.Housing development should s.:
focus further south and west of this area which is a
higher elevation to allow for better drainage and less
flooding risk.
4
View looking East on Iowa Street above Western Avenue
I._,-,,-,Ile Po,k Neighbot noun Plan Neigh hot bona B: .kcirounu 1/
Lot Vacancy
A history of LaSalle Park Neighborhood lot vacancy shows how underlying t d r — --
geological and physical conditions and housing restrictions placed on Planning Area Boundary
African Americans have had a significant influence on development
patterns.
tt
Contour Line 710
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Less than zoo years ago.the area was located within the historic
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headwaters of the Grand Kankakee Marsh.Once drained,the poor soilWM71. 0
conditions and high-water table left behind have continued to impact
portions of the neighborhood.particularly those south and east of Becks
f
s
L, t Never Developed Lots
J
Lake where some properties have never been developed.The map to the5
right depicts current occupancy of LaSalle Park neighborhood parcels.
Vacant Lots
Lighter green colors represent those parcels once developed but now 11
r Occupied Lots
vacant,while dark green parcels represent parcels never developed.The o
p
blue contour line represents the 710'elevation,When aligned with property Linden Avenue ' --- ` '`
lines.this elevation appears to represent a dividing line:properties at or
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above 710 feet have been developed,and properties below have not r.
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The other major development pattern are restrictions that impacted r
historical settlement by African American population within South Bend. 0 _.
First drawn by economic opportunities brought by rapid industrialization.A. Colfax Avenue
families were often confined to specific neighborhoods due to racial r<.• - in i
segregation and restrictive housing practices.Given the lack of other
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options throughout the city,areas like LaSalle Park became a primary
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residential area for the African American community. ut III
Washington Street 9p
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Early residential development included the first attempts at dedicated
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public housing.Later,poor infrastructure and other challenged conditions. n
including a public dump,led to a period of urban renewal where
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substandard housing was removed accompanied by relocation of families Jefferson Boulevard R'
some finding new homes in the resulting development of modern public
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Development Pattern
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Industrialization Growth Public Housing Construction Begins Urban Growth Urban Renewal Demolition
In the early part of the loth century at a time when In 1943.15o units of°war housing"were approved for The LaSalle Park Neighborhood remained a In 1959,residents delivered a petition to the City asking
the Grand Kankakee Marsh was still being drained.the construction in the neighborhood.These public housing major settlement area for African Americans.but for street,sidewalk,and sewer improvements.The initial
area was mainly unsettled.In the few homes nearby. units were constructed for African American families neighborhood infrastructure lagged behind with narrow, response was the first urban renewal housing plan
there were mostly Polish American or other eastern in an area bounded by Kenmore Street,Washington unpaved streets without curbs and sidewalks,and impacting 240 acres and hundreds of homes. in 1964
Europeans working in one of the many area factories. Street.Chicago Street,and Jefferson Blvd. Additional some areas were lacking a proper sewer system.a plan was finalized to deliver infrastructure.a 40 acre
The emergence of Beck's Lake had generated the first units were built in 1944 as a series of 20 two family park and new community center.One hundred and
industry of the neighborhood-ice harvesting. cinder block dwellings north of W.Washington St.Starting in the 1g3o's,the former Beck's Lake Area thirty homes would be demolished including the cinder
located in an area now occupied by LaSalle Park became a dumping ground for industrial waste and block"barracks".a symbol of substandard housing
The coming decades saw significant changes to the property.The quickly built structures came to be known household refuse further filling in the marshy muddy conditions.
area.As more factories opened nearby,migration to the as"the barracks". area surrounding Beck's Lake.Eventually,the city
neighborhood by African Americans from the US South acquired the property and closed the dump site though By the mid ig60's.LaSalle Park was opened within the
increased and in ig11.South Bend annexed LaSalle informal dumping continued in the ig5o's. former dump/Beck's Lake Area with new athletic fields
Park Neighborhood area into the city.In 1927,the city and a wooded picnic area.The LaSalle Park Recreation
planned a sewer to accommodate industrial growth and Center was opened in 1g67.By the end of the decade,
Beck's Lake was drained.Work was complete despite LaSalle Park was complete with two new features:a
poor conditions in the former lakebed. sledding hill and Beck's Lake-now restored to 8 acres.
By 1g69.LaSalle Park Homes were under construction
on the southwest corner of Washington and Falcon
Streets,When completed 5 years later it would include
150 rental units.
L Sri e Parl ?:e1,0h1,o1hood Plan Not.011,0111oucl Ua„_kgrolloo 19
Neighborhood Data
All figures are based on Census Tract 23,which approximates the LaSalle Park Neighborhood plan area.
Population Age Race and Hispanic Origin Household Size
r Number of Households:592
Under 5 L 1-
6
Urban
Renewal11111
3 19
59% Black
58 r 19 7 160140612% wh3.5\
111612
18% Other Race• • RR RAR1CR1InIT11%
Racesr More
a2500 Average Household Size:1.99 people
e 24":. 40-64 ft21b
ite
7 1A86 1,566
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15
1406 18% u:i<.: 1n
29%Hispanic or Latino
1000 1960 1970 1980 1990 2000 2010 2020
Median Age:37.1 Years Old
Year
Source Deceickri C_ns,-:r... ,. %ACS j-r-rr Esbrn.11e'_. Source 2022 ACS 5-year Estimates
LaSalle
Population:The neighborhood's population Age:Nearly forty percent of the population
Racial Composition:The majority of the
declined from 3.524 people in 1960 to 1.927 in is children under 19 years old,white almost Household Size:Nearly sixty percent of
neighborhood is Black.while nearly,30%of the
3.970.before continuing to fall to 1,406 people in twenty percent of ll le population Is comprised households consist of a single person
2020.of individuals aged 85
population identify themselves as Hispanic or
Latino.
South Bend Population:South Bend's South Bend Age:Nearly thirty percent of South Bend Racial Composition:The majority South Bend Household Size:Nearly fourty
population declined from 132.4k people in ig60 to the population is under 1g years old,while of the city is White.while nearly 17%of the percent of households consist of a single person.
109.7k in 1g8os,before continuing to fall to 103.1k nearly fourteen percent of the population is population identify themselves as Hispanic or
in 202o. comprised of individuals aged 65•. Latino.
20 L:15.111r. Park Nalrgh burl:buu Plan Nc,9111,rr'hr,,,r1 t,,,, bThut,n,i
Household Income Housing Units in Structure Year Housing Built
Percentage of households within each household income range Total Housing Units:714 Number of Residential Structures:714
Built 1980-1999 34 Units
13° less Than 9 isk
10.000 Built 1960-1979 219 Units
10,000.
5 iiI 1 11 • • ii
39% 24,999 Single Unit
Occupied g Duplex 3-4 Units
38% Owner
270 units)
25,000
Built 1940-1959 334 Units
34% 49,999 M 51% Renter Occupied
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362 units) Ppt7%
aiftt'lit
11 0 59.-
11% Vacant(82 Units)
t t l e t
99.999 5-9 Units 10+Units
Built 1939 or earlier 127 Units
3% , $100,000.
Median Year Structure Built:1955
Median Household Income:$22,125
Source 20622 ACS 5-year Estimates Surce 2022 ACS 5-year Estimates Source.2020 Census Source.2022 ACS 5-year Estimates
Type of Housing:The majority of the
Housing Ownership:A little more than half of neighborhood's housing units are single unit Housing Age;Almost 95%of the hot Ising stock
Household Income:Most households have a
the housing ut its in the neighborhood are renter structures(72%).Twenty-seven percent of homes is over 45 years old.About 1 in 6 homes in the
total income of less than$35.000
occupied. are found in missing middle building s of 2 to 10 neighborhood were btlilt prior to 194o
units.
South Bend Household Income:The median South Bend Housing Ownership:A little more Type of Housing:The majority of the city's housing Housing Age:Almost 87%of the housing stock is
household income is$4g,o56. than half of the housing units in the city are units are single unit structures(74%).Twenty-five over 45 years old.About 1 in 4 homes in the city
owner-occupied percent of homes are found in missing middle were built prior to 1940.
buildings of 2 to 10 units.
I aSatto P.rrk Nenghborhoou Pia Nun]hborheoct Background 2'i
Neighborhood Character
Overview Residential Buildings Commercial Buildings
Located on the west side of South Bend,the LaSalle
Park Neighborhood features a range of housing The planning area has a mixture of homes.including detached dwellings.duplexes,townhouses,and small-to Western Avenue is a major east-west street that
choices,important community institutions,unique medium-scale apartment buildings.Styles of architecture include ranch,bungalow.and American foursquare. features the neighborhood's primary commercial
small businesses.and industrial uses.The following is district Mixed-use buildings can be found along its
a sampling of the neighborhood's character.length.
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Industrial Faith-based Institutions Parks and Open Spaces Vacant Lots
Light industrial buildings comprise the area north of LaSalle Park hosts many faith-based institutions.LaSalle Park is home to a signature park of the same The neighborhood has several vacant lots where
Linden Avenue and along Olive Street,east of the name.It features prominent public spaces including buildings once stood.some lots have never been
neighborhood. the Charles Black Community Center.Beck's Lake, developed.
recreational trails,and other athletic amenities
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PLANNING PROCESS & ENGAGEMENT
Timeline • What We Heard
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Planning Process & Engagement
Overview
The City of South Bend developed this plan through a
September 2023 October 2023
process that engaged residents.businesses,institutions.
government agencies.and other neighborhood
stakeholders.The planning process included online LaSalle Park Keynote speaker-
Narg4eS King
surveys.key stakeholder interviews,and workshops ur>
m..Q,dS.I,B.tl nWer<w tQUO. Ms
that gathered critical information about the LaSalle n'-1 nog... e^ vo3.wa
lW me d rommoa cwiY•iegmroeE T A'-t^Y
Or f.V.uSY PAracealad
iC::.Park Planning Area's existing conditions,needs,and r``k i`, n ,„-x
opportunities.This engagement provided the basis for
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You have a VOICE! d" .3.«....„
this plan.During the planning process,the City provided r i Come and Share your thoughts ea., .n....ebe„
updates to the neighborhood organization and Common en the Plans for 1 aSalte Park
ONLINE SURVEY
sVoget. .
Council i ,iii °j
10:00 2:OOp.m.xoe«ne..na m.e.a.a.e.me. snay....e.uu
aeon.mnww,..e.ma .eoralorytmeo.00l nµsa
IP TOMORROW A aea ....
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Stakeholder Meetings Outreach Methods Housing Panel
The City's planning staff conducted 14 virtual and The City used a series of outreach methods The City held a panel discussion on housing
in-person meetings with neighborhood stakeholders. throughout the planning process to encourage development by local community developers.
Stakeholders included the neighborhood association, participation.These methods included mailings to Marques King,an expert on incremental housing
community and nonprofit organizations.faith-based over g8o resident and property owner addresses.development served as the keynote speaker.
institutions,businesses,developers.City departments, e-mail lists,and presentations to the neighborhood
and City Council representatives.These conversations association.
began to outline general themes and potential focus
areas for the neighborhood plan.
26 l-a5dllt=Pa,k Nr nah1oihc.od Plan Piannnlg Pi occ„&t ny,:r; vn,,,,
II,November 2023 November 2025 January 2026
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Visioning Workshop Priorities Workshop Open House Adoption
An all-day visioning workshop focused on At the neighborhood priorities workshop.participants After a draft neighborhood plan document was Following public hearings,the South Bend Plan
understanding the neighborhood and its vision confirmed that the data gathered online and from the created,the City held an open house to present it to Commission and Common Council adopted the
for the future.Participants were asked big-picture visioning workshops were complete and represented neighborhood stakeholders and ask for feedback. LaSalle Park Neighborhood Plan as an amendment to
questions and completed exercises on topics such as their ideas.The community was then asked to the Comprehensive Plan.This Plan now serves as the
housing.infrastructure.land use and building form, prioritize potential neighborhood initiatives.This City's official policy for the area.
neighborhood amenities,and neighborhood-specific helped prepare the framework and priorities outlined
issues. in this plan.
s.iiie Park. Neighborhood Flan PI,innnig Piocr-ss& !ogagement 27
What We Heard
Following are the main ideas expressed during the public engagement process for the LaSalle Park planning area.The items in bold were identified as priority projects at the public workshops.
Streets&Transportation Housing Built Form&Zoning Other Amenities
Improve streetscape along the following streets: Support development of additional affordable Strengthen urban mixed-use character along Facilitate Development of a neighborhood-scale
Washington Street housing units. Western Avenue. grocery store.
Linden Avenue Repair existing housing stock and provide home Reintroduce neighborhood-scale retail. Expand youth and senior programs at the Charles
Calm traffic along the following streets: repair workshops and training. Black Center.
Sheridan Street Promote construction of missing middle homes.
Falcon street
Maintain affordability of neighborhood housing. Continue to make improvements to LaSalle Park.
Improve lighting: Increase homeownership in the neighborhood. Facilitate development of a Neighborhood
Along walking path in LaSalle Park pharmacy.
Washington Street
Incorporate street trees in the tree lawn where
possible.
Improve condition of sidewalks.
Add more protected bike lanes and shared use
trails.
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Favorite Places&Missing Amenities 1140 .
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Individuals complete planning exercises at the Neighborhood Plan Priorities Workshop.
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LaSalle Park Neighborhood Plan
The following is a list of LaSalle Park Neighborhood project ideas which may be pursued by the City.nonprofit organizations.and the private sector over the next 20 years.More information on the concepts listed below can be
found on the following pages.
Priority Housing Area LaSalle Park Walking Trail Infrastructure Improvements
Focus new infill housing development in the western third of the Complete multi-use path that surrounds the park and allow for
neighborhood in order to provide a larger positive impact on the better connections into the park.
neighborhoods housing stock. q. Streetscape Improvements&Traffic Calming
Linden Avenue
Medium-Density Residential Infill Beck's Lake Improvements Washington Street
Explore denser housing options on the vacant lots along Washington 8 Sheridan StreetConsiderwaystoimproveaccesstothelakeandprovide
and Kenmore to provide for a variety of housing types.This could additional water-related amenities and beautification. Falcon Street
include cottage courts,duplexes.townhouses,or small-scale
apartment buildings of 4-8 units. r.
The Grove Street Connections
LaSalle Park Homes Renovation
9
Utilize vacant and hard to build on Lots with tree nursery.Chicago Street
Create new connections to define public and private spaces to make Kentucky Street
the development more walkable as well as renovate existing housing Bendix Drive
units
10
Iowa Street Park Jefferson Boulevard
Utilize hard to build vacant lots for a new open space with the
Washington Street Pavilion potential for new development4
Create a focal point at the corner of falcon and Washington that Intersection Improvements
utilizes the space between the Charles black center and the street Washington Street-Falcon Street
11
Street connections
Explore options to reconnect neighborhood streets that were Washington Street-Kaley Street
5 Natural Habitat Preservation disconnected during urban renewal in the sg6os. Washington Street-Sheridan Street
Work with property owners to conserve remnent woodend area. Iowa Street-Western Avenue
Western Avenue Mixed-use Linden Avenue-Colfax Street-Kaley Street
C) Linden Avenue 12
Continue to build upon the West Side Main Street plan
l"`+++Vwwwj Provide sidewalks and curbs,utilizing decorative fencing to protect to promote new commercial and residential infill and the
the wooded areas and to discourage access and dumping. renovation of existing buildings. 4 Proposed Bike Trails
1 LaSalle Park Perimeter Path
Washington Street
Legend Falcon Street
11/14711 1 l
Elevation Below 710' Single Famly Proposed Multi-Family Western Ave Infill
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Priority Housing Area I Site 1 Medium Density Infill I Sites 2
While new housing can be constructed throughout the neighborhood. Explore denser housing options on the vacant lots along
focusing on a targeted geography can maximize the impact of new Unden Avenue Washington and Kenmore to provide a variety of housing types.This
construction.
1 could include cottage courts.duplexes.townhouses.or small-scale
40c-' 1,- apartment buildings of 4-8 units.
Prioritizing infill housing development within the western third of the a.;*??. r ' i::p ..
plan area(west of Falcon Street)presents a greater positive impact on Adding medium density housing along Washington presents a
the neighborhood's housingstock on streets that contain the fewest a
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compliment to other existing longstandingmultifamilyproperties9urites'1^ P 9 P P
vacant lots.
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and adds value to the street as a priority corridor within the
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4 o k. neighborhood. The vacant lots on the northwest corner of
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This area is also least impacted by physical conditions.including C1% Lao,i r Washington and Falcon present an immediate opportunity
unsuitable soils that make homebuilding more challenging and 1: • for a sizable development in a highly visible location in the
expensive,a particular issue in a South Bend housing market already
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strangled by elevated home building costs.
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Vacant lots on Kenmore and Washington Priority Infill Housing Plan Views Shown in Rendering
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Washington Street Medium Density Inhll Housing Rendering
LaSalle Park Renovations I Site 3
Future renovation of the LaSalle Park Homes should better engage the properties with the surrounding space
through enhanced site design,improved walkabitity.and better connections to nearby spaces by:
Considering renovation of exteriors to provide separate patio and private open space for each
unit with a Low fence or wall to differentiate between public and private space.
Making better connections with improved walkable areas and street access
internal street
J }m , ',il connections
New
Street 0 ^ I E
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LaSalle Park Homes Rennovations
2L
Washington Street Pavilion I Site 4
The Southwest corner of LaSalle Park offers a valuable vantage Transforming the space with a multiuse pavilion space can offer The pavilion related improvements may include the addition of
point of the Washington/Falcon Intersection in its position next to flexibility for a variety of events that could be in coordination with benches,trees,pathways,and the beautification of the blank west
Charles Black Center as it is a prominent neighborhood intersection. or independent of Charles Black Center or other neighborhood walls of the Charles Black Center for a murals.
The park space is underdeveloped with no particuplar purpose and events. These events should be readily accessible to neighborhood
serves to disconnect residents from the center,and especially from residents and visitors and could promote more walking and biking
its main and only entrance on the east side of the building. by providing safe connection to the entrance without traveling
through a parking lot
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Charles Black Center Paviion
Natural Preservation I Site 5y s
Privately held undeveloped property north of LaSalle Park, x
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between the Norfolk Southern Railroad Tracks and Linden l 1
Avenue.passively exists as a natural habitat today.
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Linden Avenue I Site 6 Ham.''., . ''
The plan recommends improvements that bring better definition J
to the public/private edge of Linden Avenue including a tree11: T
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lined walking trail complete with pedestrian oriented lights and
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benches. This offers a new park vantage point and makes better4 0 ,>• O .use of the natural area.The boundary should be enhanced r ra
by a new curbed street that should deter vehicle access and 1 A, v
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Linden Avenue Trail
OShared use path 431 Fence to deter trespassing 0 -:
OStreet lamps
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Linden Avenue Trail Rendering
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r LaSalle Park I Sites 7, 8
r-,, v Build a path that surrounds the park to build connections and
Aok improve recreation. Adding a to-12-foot shared perimeter
path with trees and lighting better connects recreational
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ter,, ,v, opportunities within the park and to other destinations outside
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1,... the park all while being a unified amenity of its own to walkers,
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cyclists,and other users.
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y Seek improved access to the waters edge and beautify the
llio 1 , yItie. t x F lake. Projects within the plan are meant to improve access and
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enhance beautification including addition of a fountain/bubbler
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Y adding a viewing dock to the west side of the lake.
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y The Grove I Site g
r y i — Q r LaSalle Park was once at the headwaters of the Grand
0 4 Kankakee Marsh. In LaSalle Park,some parcels have gone
ir undeveloped due to underlying soil conditions making
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construction difficult and/or costs prohibitive.
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f; l jh.1 rs f,
r I green spaces like the area south of Washington St and across
I ' a j co.,r,` Beck's Lake. As a tree grove/nursery,the space could present
1 t s • a 3. xe'- k k } as an extension of the park location to grow and nurture trees
4',_.. I ti{. _ fora variety of city uses and serve as a community educational
experience to embrace these forever green spaces.
LaSalle Park Map 4Y
Views shown in rendering Proposed Trail Exisiting TrailAx
Co;11 New walking trail along perimeter Extra parking along Linden c Beck's Lake fountain Tree nursery
40 I 45aUb Pink Nevi.7111,,;iln,uu Ulan I4,gkt. ,n:.,u„ I''
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Iowa Street Park Concept
Iowa Street Park I Site io
C
This area just to the North of Western Avenue between Iowa and Kentucky i
Streets is mainly owned by the City of South Bend and an additional private 11g/r i- mi___. i—
property owner. It's a mostly wooded Lot that also contains parcels that have 37 %_i
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never seen development in the past.The park is another opportunity to occupy i II 1110
underutilized property and deliver additional community-oriented space to
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the neighborhood that could serve as gathering space and/or other passive d"
recreation. Ii ss,
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The space could also be a location for new residential development on a parksill„
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Infill Housing
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Street Reconnections I Site ii
As part of Urban Renewal activities within the neighborhood
1.Neighborhood Gateway 2.Micro Roundabout 3 Chicane Street 4 Woonerf Street
starting in the late 1.g6o's following a period of civil unrest.4 north-
south streets(Bendix.Lake.Chicago.and Kentucky)were altered
with cul-de-sacs to the north of Western Avenue serving to cut
off vehicular traffic.This was reportedly for public safety reasons
preventingvehicle traffic from entering/exiting the neighborhood z
at non-signalized intersections.
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The plan does not suggest direct changes but instead explores
t' ,`
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options that might replace one or more of these cul-de-sacs je 1° 3- k. ``"' «
improving connectivity to Western Avenue for all users.Potential 4 +k'". _ 4 -
changes don't need to open for vehicle traffic but rather t
concentrate on making access safer for pedestrians and cyclists. srr s- '?1+.'
1.1: 11
11 1- — 1-— I
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4 Ways to Improve Connections on I i
Cul-de-sacs q .—
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I leave it andd add neighborhood gateway > .I1 r
2.micro roundabout
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Wes ter i i Avenue Infill Concept
Western Avenue Infill I Site 12
Continued development through building upgrades can be further
complimented by new building construction.This infill should also 40
icontributetotheneighborhood-wide and city-wide need for affordable i h,. , •u
housing through the introduction of both multifamily residential
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and mixed-use buildings. Renovation of existing buildings should Er.
complement new development
2025 should see opening of South Bend's Largest independent
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grocery on the northwest corner of Western and Olive,the largest new
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construction in the neighborhood in several decades. INWPWIL 1+''r.,. . • 4
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Proposed Retail
Mixed Use ry '-
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eitt,. r ISP•haftlbfilliltrAMINIIIMaila Ai P.
Western Avenue InfiII Map .Views shown in rendering Western Avenue Infill Rendering
J N.rignbornood Pi:=:-, 4
Housing Strategies
A range of housing strategies will help ensure the LaSalle Park Neighborhood is a successful,diverse,mixed-income area.
Market Challenges Home Ownership
For the LaSalle Park neighborhood,the cost of The study further suggests that all of the new for-The City of South Bend has several programs to assist
constructing new housing is greater than the appraised lease units would be in multi-family structures,mainly first time homebuyers and current homeowners:
value of the property once it is completed.This financial apartments or lofts.Some of the smatter units could
gap is a barrier to the financing and construction of also include a mix of accessory dwellings and small Certified First Time Home Buyer Education which
new housing,especially market-rate units,in the area cottages,which tend to be detached formats.is typically required for most federal and state
Additionally the high water table and soil conditions housing assistance programs such as Habitat
also impose higher construction costs. The study recommends that the City and developers for Humanity and Community Homebuyers
focus on parcels that provide the best visibility to Corporation for home buyers whose income does
A Residential Market Potential study completed for the traffic for marketing and advertising exposures:and not exceed 8o%of the Area Median Income.
LaSalle Park area concludes that it has the potential to locations that can help serve as catalysts for additional
add about 30 new for-lease units and to new for-sale reinvestment.New housing placed in the right spots South Bend's Housing Counseling Agency offers
a_„
4i#64
units,in any mix of detached houses,duplex houses. can generate positive momentum for additional housing counseling and Is open to all individuals in s'
and/or townhouses annually. projects. need regardless of whether they are participating
in an assistance program.This includes both House on Sheridan Street.
Assuming that local developers are successful in foreclosure prevention counseling and credit/
building for-sale units that appeal to movers they can budget counseling. i.i. ,
capture some households that otherwise would have 4 Iw `
bypassed LaSalle Park as a potential place to live.
The study indicates that new-build for-sale units could Housing Repair and Quality y ,
have values in the range of$i55,000 to$250.000,again Housing repair assistance can allow neighborhood
r; s. .. a _
depending on the building format.Duplex houses or
residents to stay in their homes as they age.Code
attached cottages could be at the lower end of the yCr -
Enforcement can ensure that houses and their yards
price spectrum,while detached single-family houses are kept in acceptable condition;in particular,the
are more likely to be at the higher end of the range.
City's Rental Safety Verification Program Code can y;
assure a levet of quality for rental housing units. 4F,
Q not 53%
During the planning process,participants stated that the need stated that absentee or stated the need for
were asked a series of questions about the for repair of existing poor quality landlords
tannin area.Of those that responded... homes was an issue in were an issue in the
more homeownership
planning Po was an issue in the Liberty Street vacant lot.
the neighborhood neighborhood
neighborhood
Housing Study
Housing Demographics For Sale and Rental Opportunities Site Selection 8
Based on LandUseUSA's study of 2022 American The market can support the construction of the following Rather than scattering the Annual Forecast Absorption New for sale units
Community Survey(ACS)data,new units: to infill sites throughout the Study Area.it would townhomes or condominiums)
up to twenty-nine new for-lease rental units; be better to identify a few important neighborhood
Median Income:the study area's median up to eight new attached for-sale units.including nodes where reinvestment is most likely to generate
household income is about$2o,000,which is condominiums and townhouses;and trickle-through benefits for additional projects.
significantly lower than the city's median of about • up to eight new detached for sale houses. Areas to consider include areas with best visibility to
S5o.000 traffic(for marketing and advertising exposures):and
Rental vs.Owner Occupied:56 percent of This approach implies that all low-income households locations that can help serve as catalysts for additional
occupied housing units are rented and 44 percent earning less than 60%of AMI will not be able to afford reinvestment.Price Range:Lower end of$155.000-$299.000
are owned new-builds,and instead will need to settle for units that
Owner Median Income:the study area's owners had been previously leased or previously owned by
have a median household income of about prior tenants.However,this approach might overlook the Street Connections
25.00o.which is significantly lower than the city's potential absorption of tiny homes,accessory dwelling.
Following modern principles of urbanism.it is apparent 8medianofabout$70.00o small cottages,and micro lofts that could be built to
address affordability.
that some improvements may be necessary to address
Rental Median Income:renters have a medianlocal street connectivity.This could include extending
household income of about$15,000,which also is four connectors(Chicago.Lake,Kentucky,and Bendix New For-Sale Single-Family Home
significantly tower than the city's median of about The initial study indicates that new-build for-sate
40,000 units could have values in the range of$155,000 to
streets)south to Western Avenue-even if it means
undoing the expensive infrastructure that created those 1:n CO grit 12I
Median Home Value:the median home value is $250,000.again depending on the building format.
Duplex houses or attached cottages could be at the
dead-ends in the first place.As much as possible.the
elcloserto$g5,000 in the Study Area and$145,000 P g
city also should strive to purchase parcels needed to
in the City of South Bend lower end of the price spectrum.whereas detached
complete the east-west Jefferson Boulevard through
single-family houses are more likely to be at the higher
the Study Area.
Addressing High Vacancy
end of the range.Developers could cautiously test Price Range:$155,000 $299,000
the upper threshold of the price spectrum for a few
This study estimates that the current vacancy rate for
houses in 2024 and 2025,nudging their prices upward to
the Study Area and the City of South Bend is close to 29275,00o and perhaps even$2gg,g00.
15 percent.Ideally.vacancies should be at or below 6
percent Some ways to accomplish this are: New-build construction could have contract rents in the
Provide additional programs incentivizing range of$g50 to$1,750 per month.The study suggests New rental units
property owners to reinvest into rehabs.
that all of the new for-Lease units would be in multi- frenovations.remodels,and perhaps even
family structures,which implies apartments or Lofts.
expansions to add accessory studios or suites. However,it is LandUseUSA's professional opinion that ate Ida altt altt Itra AIOne-to-one:At least one existing unit In the study some of the smaller units could also include a mix of
area should be rehabbed for every new unit that is accessory dwellings and small cottages,which tend to
built be detached formats.AI ate ale alla alk
We consider the possibility that even low-income Ida Ski ate At 1116householdsmightaffordanew-build construction like an
accessory dwelling,small cottage,or micro-loft. Price Range:$950-$1,750 monthly
I.„Salle Pork Neighborhood Plan Neighborhood Plan 47
Parks & Trails
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Linden Avenue 3iy t y[
Washington 54ael 0,-. _ 1 r,.a '
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Map showing Parks and Trails. LaSalle Park playground. LaSalle Park Pavilion.
Parks and Trails Key Parks Recreation Trails
Existing Parks There has been many recent improvements to LaSalle Park including The existing path around The Lake can be enhanced with better lighting
new walking trails,play equipment,improved Charles Black Center,and and connected to a new trail placed along the perimeter of the park.
Proposed Parks and Open Spaces additional sports courts.In an effort to continue to improve the LaSalle
Park.additional amenities and improvements can be made.LaSalle Park
Proposed Trails
can be expanded east to offer additional amenities and greenspace for
the neighborhood.The neighborhood should be reengaged as specific
projects are approached.
The LaSalle Park Neighborhood can feature a series of formal and informal
open spaces.Vacant lots along Washington Street south of the lake can
feature a tree nursery to increase availability of trees to plant within the
neighborhood.The wetland area north of LaSalle Park can be preserved as
a natural area.An area between Iowa Street and Kentucky Street can also
be an informal open space.
48 i,,saU P[lii, Novihf,nf lir,Gcl P1. rdt. l--urhourl PLO-)
Sustainability Principles
South Bend is committed to becoming carbon neutral by 2050,and each neighborhood has a role to play in reducing the community's emissions.The projects put forward in the LaSalle Park Neighborhood Plan support the City's
sustainability goals related to green infrastructure,built environment,and clean transportation.
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Green Infrastructure Built Environment Transportation
Green infrastructure plays a central role in improving air,soil,and Reducing energy use in South Bend will significantly cut greenhouse Transportation represents one of the largest sources of emissions in
water quality by reducing energy use in buildings.supporting the gas emissions. our community.so making biking,walking,transit,and other forms of
capturing and use of carbon,and improving stormwater filtration. shared mobility more accessible to residents is critical.
Rehabilitate existing structures to reduce carbon emissions and
Increase the number of trees planted to improve the energy construction waste. Allow an appropriate mixing of land uses to reduce the amount
efficiency of buildings by lowering the energy needed to heat or Reuse materials or select lower-carbon building materials when of travel required.
cool a building. constructing new housing. Add new bike lanes and improve walkability to allow more
Plant street trees to help extend the useful life of street Promote the use of solar panels for energy generation. people to safely bike and walk.reducing vehicle-related
pavement due to increased shading of pavement.Encourage urban residential infill and the use of existing emissions.
Reduce paved surfaces in the neighborhood to help lower public utilities and infrastructure to reduce the need to extend Construct shared use paths.which put less stress on the
stormwater run off.improve water quality.and reduce services into rural areas existing street infrastructure,ultimately reducing the frequency
vulnerability to the urban heat island effect. of street repair.
Seek to have water be absorbed where it falls instead of Promote public transportation,which compared to driving
transferred off site for processing.alone,reduces emissions and improves air quality.
L„,.ttti.P.tl. Nr•I,IIi I+,.,I,.,t-;d pt,it, NedclhborrO .d f-I--tu 49
Greening The Neighborhood
Greening neighborhoods creates healthier,more energy efficient,and attractive neighborhoods where residents and natural ecosystems can thrive.
What is a Healthy Tree Canopy?Current Tree Coverage
The City's goat for urban neighborhoods is to have 4o%tree
canopy coverage by 2050.The urban tree canopy is measured as a
percentage of the overall land area that is sheltered from above by yt
tree branches and leaves.Smaller green areas on the following map
Existing Tree Canopy
indicate trees that have not yet reached full maturity. Existing Street Tree r
Building Footprint • .
tInden Avenue
1,.:•;
yl• + c'' r Colfax
AVenul1
e •/
s14 .1 •
f
St w •• *•i'LG U
fr' ,. .1r `g
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washlo'groWsia.i
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rson Boulevard I k. ^ w t
Tree canopy in LaSalle Park.
Al 1 L A• • ts.' w*.•r1 .% 4 . .•
C :? % 3 g fr. . • f 4 v
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Western Avenue
Map showing existing tree canopy.
Why is it important?
Trees are essential to healthy neighborhoods by providing the following
Potential Canopy:Additional Street Trees benefits:
removing street-level air pollution,
y a `,; cooling down neighborhoods(heat island effect),
slowing traffic and helping to create safer.walkable streets.
1 improving community health and wellness,
Existing Tree Canopy reducing flooding,erosion,and water pollution from runoff.
Existing Street Tree creating stronger and more attractive places.
reducing urban noise(cars,trains),
in ,...0 Proposed Street Tree t increasing energy savings for heating and cooling buildings,and
r
ti MI Building Footprint increasing property values.
a^•.
a , A. .•Hove does this plan support it?
a.
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3 • . • .The LaSalle Park Neighborhood has a current tree canopy of 27%.
1 ,;:Z This plan proposes installing a tree every 30 feet along streets where
4d 9 • Colfax Avenue
a
e.
L< 6 ;•, • -c ti e5 possible and in public spaces as shown in the concept designs.This
L.
ra . _ s = _ axi lv effort would yield approximately an additional 912 trees,raising the
t _ 1•:• p: '. i f i.ti tree canopy to 33%within the planning area.Additional trees must be
v • r .•_ t +•~S..•,
t •. ''f _' '
e• planted on private property to achieve the citywide goal of 4O%tree
I-
ashington street
S i '••
d r canopy.
t r r ; 1. a F'•tt
7 1 '1•11 , . IN; -: . , Vic+ . -r CO2S« . - on Boulevard ,' • f Sa:•r.:Ilk 0 0
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Western Avenue 2.7 V
86,987
Million Energy Savings
1,485 007Mapshowingpotentialtreecanopy.
cartons stormwater
Pounds SequesteredRunoffPrevented
Planting 912 additional trees results in carbon sequestered.water runoff saved.and
energy costs reduced Calculated on design.itreetools.org based on 3o-year time
frame
LASatte P;,ik Ne,ghrbo,hood Plan Nruphdorr,00d Pl.,n 51
Streets & Transportation
Streetscape Improvements&Traffic Calming • Bike Infrastructure
Streetscape Improvements & Traffic Calming
Throughout the planning process.participants Streetscape Improvements Intersection Improvements Traffic Calming
frequently noted the need to address the condition of
streets,alleys,sidewalks,and fighting within the LaSalle
Streetscape improvements are large-scale projects Intersection improvements are projects to improve Traffic calming involves small-scale interventions
Park Neighborhood.As these types of infrastructure
that may: safety,often by reducing excessive pavement widths to alter the physical design of a street to improve
mprovements are important to every neighborhood in
have significant traffic and aesthetic impacts: and enhancing pedestrian crossings. safety for pedestrians,bicyclists,and motorists.
iSouth Bend,they should be addressed on a citywide
include changes to street pavement width.
scale according to condition,funding.and current the full replacement of driveway approaches.
priorities.Yet,this plan does identify places to receive
curbs,and sidewalks:
upgrade street trees and lighting:and PriorityAreas PriorityAreas
improvements beyond general maintenance.include traffic calming elements.
Western Avenue-Iowa Street Kaley Street
The project list that follows was developed based
on input gathered at neighborhood workshops,from Priority Areas
Washington Street Kaley Street Falcon Street
311 calls to the City of South Bend,and planning and
Sheridan Street
engineering considerations.Changes to streets in Washington Street Washington Street-Falcon Street
the River Park Neighborhood should be improved Linden Avenue
in accordance with South Bend's Complete Streets
Washington Street Sheridan Street
policy.The use of streets by people on foot and bicycle
is prioritized over high-speed vehicle travel.Street
improvements should support the use of the Transpo
bus system,including by improving the comfort of bus
stops.
The Urban Renewal Plan for the Neighborhood
included an alteration of the neighborhood street
grid.Starting in 1968,four north south streets(Bendix.
Kentucky.Lake and Chicago Streets)would be
permanently cut off motor vehicles from Western
Avenue with the addition of cul-de-sacs.The Logic of
the plan was to increase public safety by preventing
access at non signalized intersections within the
neighborhood.The design likely unintentionally
prevented other traffic(pedestrians,bicyclists)with a
series of curbs,fences and posts.Reportedly,these
traffic interruptions were not supported by all residents.
Jefferson Blvd was also interrupted with a couple of
deleted sections creating further disconnection to
neighborhood traffic.
During the planning process,participants were stated improved sidewalks
stated they walk to LaSalle Park0statedtlBeywalkintheQ
asked a series of questions about streets,bicycle 5 3 g 33 would encourage them to
or the Charles Black Center.
infrastructure.and other infrastructure topics.
nei hbvrhoud. out of
walk more.
34
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Map showing infrastructure improvements.
5 7
Bike Infrastructure
Following is a list of bicycle-related projects proposed for the River Park Neighborhood.
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Protected Bike Lane Shared Use Path Bike Lane Shared On-Street
Facility separated from motor vehicle traffic by a curb•planter,or other Off-street facility shared by people on foot and bicycles Designated lane for bicyclists On-Street facility shared by both
physical barriers for the exclusive use of people on bicycles within the street normally marked vehicles and bicycles without
with a painted line and cyclist designated space for each.
symbol.
Route Fxtent Route Extent Route Route
Washington Street Sheridan Street-Meade Street LaSalle Park Washington Street-Falcon Street-Linden Avenue None None
Meade Street Washington Street-Bertrand Street Linden Avenue Kaley Street-Falcon Street
Falcon Street Washington Street-Western Avenue
Durn rg the planning process,participants were asked 0 stated better lighting would Q stated designated bicycle infrastructure
u series of questions about bicycle infrastructure. 6 O/ encourage them to bike more 6 / woutd encourage them to bike more.
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Map showing bicycle infrastructure improvements.
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Built Form & Zoning
Overview
r:. . S2 suburban Nei hborhoo4l z U', Urban Neighborhood i
The built form of the LaSalle Park Neighborhood is guided by the South
Bend Zoning Ordinance,including its zoning map. The ordinance is a local 0, • l ,. 1.en- " n•
law that governs the physical development of property,both the form and s
L d.`,
scale of buildings and the specific use of land. r! n - • ri ."
The future zoning map within this section proposes how each lot within
FNr•r
the LaSalle Park Neighborhood should be zoned following adoption of this O t•- • •/.- s, Sic
plan.Over time,property within the neighborhood should be allowed to 4 ` k
proceed gradually to the next increment of development. A rti
T. u__l'
Combined with the regulations found within the South Bend Zoning b
Ordinance,the aim of the future zoning map is to maintain and enhance
the LaSalle Park Neighborhoods pedestrian-oriented,urban environment. I
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Vehicle access,parking,and garages should be from alleys when u 0 R j •
present Vacating of alleys is discouraged as it hinders redevelopment of p r' h of'
A, e = Oi .ll v •' 5 4 11,r
vacant lots.Drive-throughs are discouraged"and if they are present.they 0 0 . rill a '
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should be designed not to be visible from the street New commercial
development should occur according to the standards of the NC jNeighborhoodCenterDistrictIntent
As properties are developed or reused,nonconforming conditions should The Si Suburban Neighborhood i District The S2 District supports a full range of housing The Ui Urban Neighborhood i District
be brought into conformance with the proposed zoning district shown, primarily supports single-unit residential types placed on large lots with deep setbacks. supports mostly single-unit detached
including landscaping,parking,lighting,and building standards.
development on larger tots with deep dwellings,but well designed duplexes would
setbacks also be appropriate.The Ui District features
This plan seeks to allow a greater quantity and diversity in housing units: modest building setbacks and inviting
doing so will permit people to find housing within the neighborhood that frontages.such as porches and stoops.
meets their price and lifestyle needs.Ancillary dwelling units,such as
garage apartments or backyard cottages,are encouraged for the LaSalle Where It Is Appropriate
Park Neighborhood.
Due to its suburban nature.the St District is Due to its suburban nature,the S2 District is The Ui District is well suited for most of
The South Bend zoning map divides the city into twelve zoning districts. not appropriate anywhere in the LaSalle Park not appropriate anywhere in the LaSalle Park the LaSalle Park Neighborhood.This plan
Seven of these districts are proposed for the LaSalle Park Neighborhood: Neighborhood. Neighborhood. j would support special exceptions for newly
Us.U2.U3,UF,NC,OS,and I. constructed duplexes
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Proposed Zoning Map for LaSalle Park Neighborhood Area.
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Building Types
The table on the following pages illustrates the character of different building types and shows in which zoning districts they are permitted Building types do not apply to the OS,U,C.or I zoning districts.
Carriage House I Detached House I Cottage Court I Duplex
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Implementation Matrix
This plan outlines potential projects and activities to occur in the neighborhood over the next 20 years.Major projects.especially those to be undertaken in the next 1.0 years,are highlighted in the implementation matrix below.
Strategy 1: Create a safe and attractive neighborhood through infrastructure improvements.
Lead Responsibility Tinidinc
Action Potential Partners
City Partner 1-5 Years 5-10 Years 10+Years
1.01 Linden Avenue:Complete streetscape improvements,improved intersections,pedestrian
crossings,and shared use paths near LaSalle Park
1.02
Washington Street:Complete streetscape improvements.improved intersections.pedestrian 111 E
cros..rrigs end shared use paths connecting to LaSalle Park.
1.03 Streetscape Improvements and Traffic Calming:Complete high priority traffic calming on
neighborhood streets especially along Sheridan,Falcon.and Kaley.
1.04 Shared Use Path:Create a shared use path along Linden that runs from Kaley to Falcon II M 10
1.05
Falcon Street Path:Improve access and safety of pedestrians and cyclists through shared-use
II III II IIconnectingHarrisonElementarySchooltotheNeighborhood.
1.06
Trees:Plant trees where possible.especially in the city right-of-way.to increase the urban tree
II
LaSalle Park Neighborhood Association,
canopy. Property Owners
1.07
Infrastructure Maintenance:Complete regular maintenance on streets throughout the III El IIIneighborhood
1 08
Promote Curb and Sidewalk Program:Promote existing curb&sidewalk replacement program . LaSalle Park Neighborhood Association.
to assist with costs Property Owners
1.09 Iowa Street Park Alley Improvements:Update safety lighting along the Iowa Street Alley El U U U
1.1 Street Connections:Improve connectivity along Bendix,Chicago,Kentucky.and Lake Street. II U
Intersection Improvements:Improve instersections along Washington and Falcon.Washington
1.11 and Kaley,Washington and Sheridan,Iowa and Western,and the intersection between Linde.
Coflax and Kaley.
1.12 Bike Trails:Complete a LaSalle Park perimeter path along Washington and Falcon.. II I.
1.13 Protected Bike Lane:Create a protected bike lane that runs from Washington to Meade and NI
Falcon.
Strategy 2: Improve park spaces and access.
Lead Responsibility Timeline
Action
City Partner Potential Partners 1-5 Years 5-l0Years 10+Years
2.1 The Grove:text II III 011
2.2
LaSalle Park Trail:Improve access and safety of pedestrians and cyclists through shared-use I.
paths,donci the park
2.3 Beck's Lake Imprpovements:text III Ill I
2.4 Iowa Street Park
Natural Habitat Preservation:text
2 6
Market Space at Charles Black Center:Improve access and safety of pedestrians and cyclists M M M MI
through shared-use paths along the park.
Strategy 3: Develop and preserve housing in the neighborhood.
Lead Responsibility Timeline
Action Potential Partners
City Partner 1-5 Years 5-10 Years 10+Years
Develop Housing:Support the production of a range of housing types including new
construction and rehabilitation of market rate and affordable units for owner and rental housing.
3.1 in MPrioritizehousingdevelopmentintheWesternthirdofneighborhood(West of Falcon) INU
Add Medium density housing along Washington and Kenmore vacant lots.
3.7 Home Repair:Ensure housing is well maintained by offering owner-occupied housing repair III IN Nonprofit Organizations.Property Owners,Financial IN III MI
assistance and using code enforcement tools as necessary Institutions
3.3 Home Ownership:Explore mechanisms that can promote and transition renters into
Nonprofit Organizations II
homeowners in the neighborhood.
3.4 Support Homebuilders and Developers:text III Nonprofit Organizations III II III
3.5 Residential TIF Area:Investigate creation of residential TIE area within the neighborhood. M II M 11 IN
3.6 Lasalle Park Home Renovations:Support project with design considerations that create more
intentional public and private space II III
3.7 Iowa Street Park Housing:Develop higher density housing that integrates with the new park El In
space
3 8
Western Avenue Mixed Use:Promote additional residential infitl development on targeted I. II
blocks
3.9 Zoning:Update the zoning map for the plan area I II II I I II II El
Strategy 4: Address underutilized and problem properties in the neighborhood.
Lead Responsibility Timeline
Actin, Potential Partners
City Partner 1-5 Years 5-1O Years 10+Years
4.1 Upgrade Linden Ave:Reduce access to wooded private properties between Linden Ave and the .
Raitraod Tracks through upgrades to Linden Ave.
4.2
Revitalize Never Developed Lots:Utilize never developed lots south of Washington as a
dedicated tree planting area(The Grove)
4.3 Grocery Store:text here II II U NI
1.4 Underutilized Storefronts:Create active and engaging storefronts along Western Avenue II II II II II
4.5 Problem Properties:Utilize the Chronic Problem Properties regulations to reduce the negative 111M IN II M
impact of problem properties on the neighborhood.
Strategy 5: Develop sense of community through neighborhood engagement.
Lead Responsibility Timeline
Action Potential Partners
City Partner 1-5 Years 5-10 Years 10+Years
5.1 Western Avenue Branch Library Relocation:Support new library location. I. 111 LaSalle Park Neighborhood Association III MI II
5.1 Capacity Building:i uild neighborhood capacity through engagement of all neighborhood In LaSalle Park Neighborhood Association
residents
5.3 Neighborhood Events:Hold neighborhood events which celebrate the neighborhood. 1111 LaSalle Park Neighborhood Association II U
5 4
Communication:Develop and maintain communication with neighbors including residents of II II LaSalle Park Neighborhood Association II II Ill
rental housing
5.5
Youth Programming:Develop additional youth programming through city and other community LaSalle Park Neighborhood Accnriation
facilities
Relationships:Foster relationships among the City,neighborhood institutions,and the Ill 1115.6 neighborhood organization.
LaSalle Park Neighborhood Association II 1111 III
71 L.Snle R.rrr. r,, !ohi;;•rfi .:_ftc F.,,, :: i:L..tTn.nL.,l!cnt N1..11t1=
County-City Building
22 7 W Jefferson Blvd Suite, I 200 N
outh Bend, IN 4660 I James Mueller, Mayor January 20, 2026
Canneth Lee, President
City of South Bend
Department of Administration & Finance
Division of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 4660 l
RE: 2026 CoSB Investmenl Policy
Dear President Lee, Phone 311 inside City lin1its Em ail 3 11 a outhbendin.gov Website Southbendin.gov
Filed in Clerk's Office
Jan 20, 2026
13ianca Tirauo
Ciry Clerk South Benu, 11
This resolution establishes an investment policy for the City of South Bend for calendar year 2026.
This investment policy continues the investment policy established by ordinance in 2025 and
renews the portion that expires in 2026. This resolution allows for the City's investment portfolio to
be invested in certificates of deposit of certain depositories as defined by Indiana Code 5-13-9-5.
I will present this bill to the Common Council at the appropriate committ ee and Council meetings.
Thank you for your attention to this request. If you should have any questions, please feel to contact
me at 574-235-9822.
Regards,
Xf tJJQ,.,
Kyle Willis
City Controller
26-01
Filed in Clerk's Office
Jan 20, 2026
Bianca Tirado
BILL NO. 26-01 City Clerk, South Bend, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,ADOPTING AN INVESTMENT POLICY FOR THE CITY OF SOUTH BEND
FOR CALENDAR YEAR 2026
STATEMENT OF PURPOSE AND INTENT
The Indiana legislature has enacted Indiana Code § 5-13-9 et seq.,which permits the fiscal
officer of a city to make investments of public funds into designated investment vehicles. TheCommonCounciloftheCityofSouthBenddeterminedthatitisinthebestinterestoftheCityto
authorize the full exercise of the City's investment powers under the Indiana Code.
Accordingly,on December 14,2020,this Council enacted Ordinance No.10768-20 whichestablishedaninvestmentpolicyfortheCityofSouthBendforcalendaryear2021, as provided
under Indiana Code § 5-13-9-5.7, and it authorized the City Controller to dedicate up to the
maximum allowable proportion of the City's investment portfolio to investments maturing more
than two years but not more than five years after purchase. Ordinance No. 10768-20 furtherauthorizedtheCityControllertoinvestincertaininvestmentvehiclesasprovidedunderIndiana
Code § 5-13-9-5 and Indiana Code § 5-13-9-5.3. On December 13, 2021, this Council enacted
Ordinance No. 10832-21,which adopted an identical investment policy for the City of South Bendforcalendaryear2022. On December 12, 2022, this Council enacted Ordinance No. 10909-22,which adopted an identical investment policy for the City of South Bend for calendar year 2023.On December 11,2023,this Council enacted Ordinance No. 10993-23,which adopted an identical
investment policy for the City of South Bend for calendar year 2024. On January 27, 2025, thisCouncilenactedOrdinanceNo. 11178-25, which adopted an identical investment policy for the
City of South Bend, some provisions of which are effective through December 1, 2028, and some
provisions of which were effective through January 27, 2026.
This resolution adopts an identical investment policy for the City of South Bend as to
investment in certificates of deposit,as set forth in Indiana Code§ 5-13-9-5 for calendar year 2026
unless it is earlier amended by resolution or ordinance.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I.For purposes of Indiana Code § 5-13-9,the City Controller is authorized to
invest in certificates of deposit of certain depositories,as defined by and subject to the
requirements of Indiana Code § 5-13-9-5,which authorization will expire on January 26,2027.
SECTION II. That portion of the City's investment policy contained in Section I of this
ordinance shall be effective from January 26,2026 through January 26,2027,unless earlier
1
amended by ordinance.This resolution is further conditioned upon adoption by the Common
Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
2
County-City Building
227 W Jefferson Blvd uite, 1200 N
South Bend, IN 4660 I
James Mueller, Mayor
January 20, 2026
Canneth Lee, President
City of South Bend
Department of Administration & Finance
Di vision of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 4660 I
RE: State Revolving Fund Loan Program Signatory Authorizing Resolution
Dear President Lee,
Phone 311 inside City limits
Em ail 3 I I a outhbendin.gov
Website Soulhbendiu.gov
Filed in Clerk's Office
Jan 21, 2026 Uianca firado City Clerk, outh Bend, r This resolution establishes me, Kyle Willis, City Controller as an "Authorized Signatory" for the
City of South Bend. This is a requirement by the Indiana Finance Authority. We submit
disbursement requests of bond proceeds to them for various projects and currently we have
outstanding disbursement requests on hold until this is approved by the Council. This is more of an
administrative action that had not been communicated to the City over the last two years. So we're
taking action to get in compliance with the Finance Authority.
I will present this resolution to the Common Council at the appropriate committee and Council
meetings on January 26th, 2026.
Thank you for your attention to this request. If you should have any questions, please feel to contact
me at 574-235-9822.
Regards,
Xf 1,./ JQ,_,·
Kyle Willis
City Controller
26-02
Filed in Clerk's Office
Jan 21, 2026
BILL NO. 26-02 Bianca l irado
City Clerk, South Bend, IN
RESOLUTION NO.
A RESOLUTION OF HECOMMON
TY CONTROLLERER AS SIGN
THE CITYATORY FOR THEFSOUTH
INDIANA,AUTHORIZINGSTATE REVOLVING LOAN PROGRAM
STATEMENT OF PURPOSE AND INTENT
WHEREAS, the City of South Bend Water Works Utility of South Bend, Indiana, (the
Participant")has plans for a drinking water infrastructure improvement project to meet State and
Federal regulations; and
WHEREAS, the Participant intends to proceed with the construction of such project with
the support of financing through a State Revolving Fund Loan("SRF Loan"); and
WHEREAS, the Participant must designate a signatory for the SRF Loan to meet the
requirements of the Indiana Finance Authority; and
WHEREAS,the City Controller,Kyle Willis,is designated as the signatory and authorized
representative of the Participant.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Kyle Willis,City Controller, is hereby designated as an
Authorized Signatory"authorized to make application for a State Revolving Fund Loan("SRF
Loan")and provide the SRF Loan Program such information,data and documents pertaining totheloanprocessasmayberequiredandotherwiseactastheauthorizedrepresentativeofthe
Participant.
SECTION II. The Participant agrees to comply with State and Federal
requirements as they pertain to the SRF Loan Program.
SECTION III. Two certified copies of this Resolution shall be prepared and
submitted as part of the Participant's Preliminary Engineering Report
SECTION IV. That this Resolution shall be in full force and effect from and after
its adoption by the Common Council.
1
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2
Filed in Clerk's Office
Jan 21, 2026
Bianca [irndo
City Clerk. ·outh Bend, I CITY OF SOUTH BEND DEPARTMENT OF COMMUNITY INVESTME T
Januar y 2 J S\ 2026
Councilmember Canneth Lee
President
South Bend Common Council
County-City Building, 4 th Floor
South Bend, Indiana 4660 I
Councilmember Troy Warner
Chairperson
Community Investment Committee
South Bend Common Council
County-City Building, 4 th Floor
South Bend, Indiana 46601
RE: Resolution No. 26-03 - 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
Dear President Lee and Councilmember Warner,
Please find attached Resolution No. 26-03, which has been filed for the Common
Council's consideration pursuant to Section 16 oflndiana Code 36-7-14.
On December 18, 2025, the South Bend Redevelopment Commission approved and
adopted a resolution that would amend the River West Development Area for the
purpose of establishing a number of new allocation areas to support the
redevelopment of property in the downtown area. These new allocation areas will be
established prior to the establishment of a new Innovation Development District
(IDD), which will capture incremental state sales and income tax within the district
Indiana Code 36-7-14 also requires that the South Bend Plan Commission approve the
resolution adopted by the Redevelopment Commission. The Plan Commission is
considering its resolution on January 26, 2026.
1400 Co TY-ITY B lLDlNG • 227 W. JEFFERSO Bo LEVA RD· OUTH BEND, lNDlANA 4660 I
PIIO 574/235-5898 • FAX 574/235-9892 • TTY 574/235-5567
26-03
The creation of these new allocation areas and the establishment of the IDD will bring
significant resources to bear to support transformative projects in the Downtown area
and retain state tax revenues for use within our community.
Sincerely,
L uuG'
Caleb Bauer
Executive Director
Department of Community Investment
CC: South Bend Redevelopment Commission
South Bend Plan Commission
Sandra Kennedy, Corporation Counsel
Filed in Clerk's Office
Jan 21, 2026
Bianca Tirado
BILL NO. 26-03 City Clerk.South Bend, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING AN ORDER OF THE SOUTH BEND PLAN COMMISSIONAPPROVINGACERTAINDECLARATORYRESOLUTIONFORTHERIVERWESTDEVELOPMENTAREAADOPTEDBYTHESOUTHBEND
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"),
and
pursuant to Indiana Code 36-7-14, as amended(the"Act"), on December 18, 2025, approved
adopted its Resolution No. 3661 entitled "Resolution of the South Bend Redevelopment
Commission Approving Amendments to the
for the Purporatory
Resolution and the Development Plan
se of Establishing New Allocation Area sandfortheRiverWestDevelopmentArea
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 "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 (a) designate certain areas, each of which is presently part of the Allocation Area, asseparateallocationareaspursuanttoSection39oftheActtobeknownas(i)the"Lafayette NorthAllocationArea"as described and depicted at Exhibit A to the Amending Declaratory Resolution,ii)the"Lafayette South Allocation Area"as described and depicted at Exhibit B to the Amending
Declaratory Resolution, (iii) the "Ignition Park Allocation Area" as described and depicted at
Exhibit C to the Amending Declaratory Resolution, (iv) the "Downtown North Allocation Area"
as described and depicted at Exhibit D to the Amending Declaratory Resolution,(v)the"Michigan
Street Corridor Allocation Area" as described and depicted at Exhibit E to the Amending
Declaratory Resolution, (vi)the"Studebaker Campus Allocation Area" as described and depictedatExhibitFtotheAmendingDeclaratoryResolution,(vii)the"Riverfront West Allocation Area"as described and depicted at Exhibit G to the Amending Declaratory Resolution, and (viii) theDowntownSouthAllocationArea" as described and depicted at Exhibit H to the Amending
Declaratory Resolution (clauses (n) through and including (viii),
include each of the Allocation Areas ctherein (clauses(a) antively, the "Allocation
d
and (b) amend the Plan to
nd
b),collectively,the"2026 Amendments"); and
WHEREAS, on January 26, 2026, 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 2026 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 2026 Amendments,as required by Section 16 of the Act(the"Plan
Commission Order"); and
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 theRedevelopmentCommissiontoproceedwiththefurtherdevelopmentoftheAreaasaresultofthe
2026 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 each of the Allocation Areas 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 26`h day of
January, 2026.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026,at o'clock .m.
2
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at_o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
3
EXHIBIT A
PLAN COMMISSION RESOLUTION
DMS 50378226v1
RESOLUTION NO.
RESOLUTION OF THE SOUTH BEND PLAN COMMISSION
APPROVING A 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 NEW ALLOCATION AREAS 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 December 18, 2025, approved and adopted its
Resolution No. 3661 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 New Allocation Areas 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
Plan") previously approved by the Commission in connection with the establishment and
subsequent amendment of the River West Development Area and designation of the related
allocation areas(collectively, the"Allocation Area")to (a) designate certain areas, each of which
is presently part of the Allocation Area, as separate allocation areas pursuant to Section 39 of the
Act to be known as(i)the"Lafayette North Allocation Area"as described and depicted at Exhibit
A to the Amending Declaratory Resolution,(ii)the"Lafayette South Allocation Area"as described
and depicted at Exhibit B to the Amending Declaratory Resolution, (iii) the "Ignition Park
Allocation Area"as described and depicted at Exhibit C to the Amending Declaratory Resolution,
iv) the "Downtown North Allocation Area" as described and depicted at Exhibit D to the
Amending Declaratory Resolution, (v) the "Michigan Street Corridor Allocation Area" as
described and depicted at Exhibit E to the Amending Declaratory Resolution, (vi)the"Studebaker
Campus Allocation Area" as described and depicted at Exhibit F to the Amending Declaratory
Resolution, (vii)the"Riverfront West Allocation Area"as described and depicted at Exhibit G to
the Amending Declaratory Resolution, and (viii) the "Downtown South Allocation Area" as
described and depicted at Exhibit H to the Amending Declaratory Resolution(clauses (i)through
and including(viii), collectively,the"Allocation Areas"), and(b) amend the Plan to include each
of the Allocation Areas therein(clauses(a) and (b), collectively,the"2026 Amendments"); and
WHEREAS, the Plan Commission desires to approve the Amending Declaratory
Resolution and the 2026 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 2026 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 2026 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 2026 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 2026 Amendments described in the
Amending Declaratory Resolution conform to the plan of development of the City.
2. The Amending Declaratory Resolution and the 2026 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 2026 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.
2 -
PASSED, ISSUED AND APPROVED by the South Bend Plan Commission this
26th day of January,2026.
SOUTH BEND PLAN COMMISSION
President
ATTEST:
Secretary
3 -
EXHIBIT A
AMENDING DECLARATORY RESOLUTION
See Attached)
DMS 50257957v1
oed in Clerk's OiCe
A-1 0 2 \ "25
RESOLUTION NO. 3661
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 NEW ALLOCATION AREAS AND RELATED
MATTERS
WHEREAS,the South Bend Redevelopment Commission(the"Commission"),the
governing body of the City of South Bend, Indiana, Department of Redevelopment (the
Department")and the Redevelopment District of the City of South Bend,Indiana(the"District"),
exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953
which has been codified in Indiana Code 36-7-14, as amended from time to time(the"Act"); and
WHEREAS, the Commission has heretofore adopted a declaratory resolution (as
subsequently confirmed and amended from time to time, the "Declaratory Resolution")
designating an area known as the River West Development Area (the "Area") as an economic
development area pursuant to the Act,designating portions of the Area as 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 the Area(collectively, the"Plan"); and
WHEREAS, pursuant to Sections 15-17.5 of the Act, the Commission desires to
further amend the Declaratory Resolution and the Plan to designate certain areas,each of which is
presently part of the Allocation Area,as separate allocation areas pursuant to Section 39 of the Act
to be known as (i) the "Lafayette North Allocation Area" as described and depicted at Exhibit A
attached hereto(the"Lafayette North Allocation Area"),(ii)the"Lafayette South Allocation Area"
as described and depicted at Exhibit B attached hereto (the "Lafayette South Allocation Area"),
iii) the "Ignition Park Allocation Area" as described and depicted at Exhibit C attached hereto
the "Ignition Park Allocation Area"), (iv) the "Downtown North Allocation Area" as described
and depicted at Exhibit D attached hereto (the "Downtown North Allocation Area"), (v) the
Michigan Street Corridor Allocation Area"as described and depicted at Exhibit E attached hereto
the"Michigan Street Corridor Allocation Area"),(vi) the"Studebaker Campus Allocation Area"
as described and depicted at Exhibit F attached hereto(the"Studebaker Campus Allocation Area"),
vii)the"Riverfront West Allocation Area"as described and depicted at Exhibit G attached hereto
the "Riverfront West Allocation Area"), and (viii) the "Downtown South Allocation Area" as
described and depicted at Exhibit H attached hereto (the "Downtown South Allocation Area")
clauses (i)through and including(viii),collectively,the"Allocation Areas"); and
Filed in Clerk's Office
JAN 21 2026
Bianca Tirado
City Clerk,South Bend, IN
WHEREAS, Section 39 of the Act has been created and amended to permit the
creation and expansion of "allocation areas" to provide for the allocation and distribution of
property taxes for the purposes and in the manner provided in said Section; and
WHEREAS, this Commission deems it advisable to apply the provisions of said
Section 39 of the Act to each of the Allocation Areas; and
WHEREAS,the Commission now desires to approve the designation of each of the
Allocation Areas and the amendment of the Plan to include each of the Allocation Areas therein
collectively, the"Amendments"); and;
WHEREAS, the proposed Amendments and supporting data were reviewed and
considered at this meeting;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby finds and determines that the Amendments promote
significant opportunities for the(i)gainful employment of the citizens of the City of South Bend,
Indiana(the"City"),(ii)attraction of major new business enterprises to the City,and(iii)retention
and expansion of significant business enterprises existing in the boundaries of the City and meets
other purposes of Sections 2.5,41 and 43 of the Act,including without limitation benefiting public
health,safety,and welfare,increasing the economic well-being of the City and the State of Indiana
the"State") and serving to protect and increase property values in the City and the State.
2. The Amendments cannot be achieved by regulatory processes or by the ordinary
operation of private enterprise without resort to the powers allowed under Sections 2.5,41 and 43
of the Act because of lack of local public improvements, existence of conditions that lower the
value of the land below that of nearby land, multiple ownership of land, and other similar
conditions.
3. The public health and welfare will be benefited by accomplishment of the
Amendments.
4. It will be of public utility and benefit to further amend the Declaratory Resolution
and the Plan for the Area as provided in the Amendments and to continue to develop the Area,
including each of the Allocation Areas,as provided under the Act.
5. Accomplishment of the Amendments will be a public utility and benefit as
measured by the attraction or retention of permanent jobs, an increase in the property tax base,
improved diversity of the economic base and other similar public benefits.
6. The Commission hereby finds that the further amendment of the Declaratory
Resolution and the Plan,to designate each of the Allocation Areas,conforms to the comprehensive
plan for the City.
7. The map and plat of each of the Allocation Areas showing its boundaries, the
location of the various parcels of property, streets and alleys, and other features affecting the
2-
acquisition, clearance, replatting, replanning, rezoning, redevelopment or economic development
of each of the Allocation Areas,and the parts of each of the Allocation Areas that are to be devoted
to public ways,levees,sewerage,parks,playgrounds and other public purposes under the Plan,are
hereby approved and adopted as the map and plat for each of the respective Allocation Areas.
8. The Amendments are reasonable and appropriate when considered in relation to the
Declaratory Resolution and the Plan and the purposes of the Act.
9. The findings and determinations set forth in the Declaratory Resolution and the
Plan are hereby reaffirmed.
10. The Commission finds that no residents of the Area will be displaced by any project
resulting from the Amendments, and therefore finds that it does not need to give consideration to
transitional and permanent provision for adequate housing for the residents.
11. The Amendments are hereby in all respects approved.
12. The area described and depicted in Exhibit A is hereby removed from the
Allocation Area,and is hereby designated as a separate"allocation area"pursuant to Section 39 of
the Act to be known as the"Lafayette North Allocation Area," for purposes of the allocation and
distribution of property taxes for the purposes and in the manner provided by said Section. Any
taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Lafayette North Allocation Area hereby designated as the"Lafayette
North Allocation Area Allocation Fund"and may be used by the District to do one or more
of the things specified in Section 39(b)(4) of the Act, as the same may be amended from
time to time. Said allocation fund may not be used for operating expenses of the
Commission. Except as otherwise provided in the Act, before June 15 of each year, the
Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Lafayette North Allocation Area that would not have been generated
but for the adoption of the allocation provision, as specifically evidenced by the findings
set forth in Exhibit I. The base assessment date for the Lafayette North Allocation Area is
January 1, 2025.
13. The area described and depicted in Exhibit B is hereby removed from the Allocation
Area, and is hereby designated as a separate"allocation area"pursuant to Section 39 of the Act to
be known as the"Lafayette South Allocation Area,"for purposes of the allocation and distribution
of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed
3 -
under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in said allocation area shall be
allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Lafayette South Allocation Area hereby designated as the"Lafayette
South Allocation Area Allocation Fund"and may be used by the District to do one or more
of the things specified in Section 39(b)(4) of the Act, as the same may be amended from.
time to time. Said allocation fund may not be used for operating expenses of the
Commission. Except as otherwise provided in the Act, before June 15 of each year, the
Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Lafayette South Allocation Area that would not have been generated
but for the adoption of the allocation provision, as specifically evidenced by the findings
set forth in Exhibit I. The base assessment date for the Lafayette South Allocation Area is
January 1, 2025.
14. The area described and depicted in Exhibit C is hereby removed from the Allocation
Area, and is hereby designated as a separate"allocation area"pursuant to Section 39 of the Act to
be known as the "Ignition Park Allocation Area," for purposes of the allocation and distribution
of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed
under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in said allocation area shall be
allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Ignition Park Allocation Area hereby designated as the "Ignition
Park Allocation Area Allocation Fund" and may be used by the District to do one or more
of the things specified in Section 39(b)(4) of the Act, as the same may be amended from
time to time. Said allocation fund may not be used for operating expenses of the
Commission. Except as otherwise provided in the Act, before June 15 of each year, the
Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Ignition Park Allocation Area that would not have been generated but
for the adoption of the allocation provision, as specifically evidenced by the findings set
forth in Exhibit I. The base assessment date for the Ignition Park Allocation Area is
January 1, 2025.
4-
15. The area described and depicted in Exhibit D is hereby removed from the
Allocation Area,and is hereby designated as a separate"allocation area"pursuant to Section 39 of
the Act to be known as the"Downtown North Allocation Area,"for purposes of the allocation and
distribution of property taxes for the purposes and in the manner provided by said Section. Any
taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Downtown North Allocation Area hereby designated as the
Downtown North Allocation Area Allocation Fund" and may be used by the District to
do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be
amended from time to time. Said allocation fund may not be used for operating expenses
of the Commission. Except as otherwise provided in the Act,before June 15 of each year,
the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Downtown North Allocation Area that would not have been generated
but for the adoption of the allocation provision, as specifically evidenced by the findings
set forth in Exhibit I. The base assessment date for the Downtown North Allocation Area
is January 1,2025.
16. The area described and depicted in Exhibit E is hereby removed from the Allocation
Area, and is hereby designated as a separate"allocation area"pursuant to Section 39 of the Act to
be known as the "Michigan Street Corridor Allocation Area," for purposes of the allocation and
distribution of property taxes for the purposes and in the manner provided by said Section. Any
taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Michigan Street Corridor Allocation Area hereby designated as the
Michigan Street Corridor Allocation Area Allocation Fund" and may be used by the
District to do one or more of the things specified in Section 39(b)(4)of the Act,as the same
may be amended from time to time. Said allocation fund may not be used for operating
expenses of the Commission. Except as otherwise provided in the Act, before June 15 of
each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act.
The Commission hereby finds that the adoption of this allocation provision will result in
5 -
new property taxes in the Michigan Street Corridor Allocation Area that would not have
been generated but for the adoption of the allocation provision, as specifically evidenced
by the findings set forth in Exhibit I. The base assessment date for the Michigan Street
Corridor Allocation Area is January 1, 2025.
17. The area described and depicted in Exhibit F is hereby removed from the Allocation
Area, and is hereby designated as a separate"allocation area"pursuant to Section 39 of the Act to
be known as the "Studebaker Campus Allocation Area," for purposes of the allocation and
distribution of property taxes for the purposes and in the manner provided by said Section. Any
taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Studebaker Campus Allocation Area hereby designated as the
Studebaker Campus Allocation Area Allocation Fund"and may be used by the District to
do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be
amended from time to time. Said allocation fund may not be used for operating expenses
of the Commission. Except as otherwise provided in the Act,before June 15 of each year,
the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Studebaker Campus Allocation Area that would not have been
generated but for the adoption of the allocation provision, as specifically evidenced by the
findings set forth in Exhibit I. The base assessment date for the Studebaker Campus
Allocation Area is January 1, 2025.
18. The area described and depicted in Exhibit G is hereby removed from the
Allocation Area,and is hereby designated as a separate"allocation area"pursuant to Section 39 of
the Act to be known as the"Riverfront West Allocation Area," for purposes of the allocation and
distribution of property taxes for the purposes and in the manner provided by said Section. Any
taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Riverfront West Allocation Area hereby designated as the
Riverfront West Allocation Area Allocation Fund"and may be used by the District to do
6-
one or more of the things specified in Section 39(b)(4) of the Act, as the same may be
amended from time to time. Said allocation fund may not be used for operating expenses
of the Commission. Except as otherwise provided in the Act,before June 15 of each year,
the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Riverfront West Allocation Area that would not have been generated
but for the adoption of the allocation provision, as specifically evidenced by the findings
set forth in Exhibit I. The base assessment date for the Riverfront West Allocation Area is
January 1, 2025.
19. The area described and depicted in Exhibit H is hereby removed from the
Allocation Area, and is hereby designated as a separate"allocation area"pursuant to Section 39 of
the Act to be known as the"Downtown South Allocation Area,"for purposes of the allocation and
distribution of property taxes for the purposes and in the manner provided by said Section. Any
taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment date with
respect to which the allocation and distribution is made, or the base assessed value, shall
be allocated to and when collected paid into the funds of the respective taxing units. Except
as otherwise provided in said Section 39,property tax proceeds in excess of those described
in the previous sentence shall be allocated to the District and when collected paid into an
allocation fund for the Downtown South Allocation Area hereby designated as the
Downtown South Allocation Area Allocation Fund" and may be used by the District to
do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be
amended from time to time. Said allocation fund may not be used for operating expenses
of the Commission. Except as otherwise provided in the Act,before June 15 of each year,
the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The
Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Downtown South Allocation Area that would not have been generated
but for the adoption of the allocation provision, as specifically evidenced by the findings
set forth in Exhibit I. The base assessment date for the Downtown South Allocation Area
is January 1, 2025.
20. The provisions of this Resolution shall be subject in all respects to the Act and any
amendments thereto, and the allocation provisions herein relating to each of the Allocation Areas
shall expire on the date that is twenty-five(25)years after the date on which the first obligation is
incurred to pay principal and interest on bonds or lease rentals on leases payable from tax
increment revenues derived from each of the respective Allocation Areas.
21. Any member of the Commission is hereby authorized to take such actions as are
necessary to implement the purposes of this resolution, and any such action taken prior to the date
hereof is hereby ratified and approved.
7 -
22. This Resolution, together with any supporting data, shall be submitted to the City
of South Bend Plan Commission (the "Plan Commission") and the Common Council of the City
the"Common Council")as provided in the Act,and if approved by the Plan Commission and the
Common Council shall be submitted to a public hearing and remonstrance as provided by the Act,
after public notice as required by the Act.
23. This Resolution shall take effect immediately upon its adoption by the Commission.
ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment
Commission held on the 18th day of December, 2025.
SOUTH BEND
REDEVELOPMENT COMMISSION
Troy Warner, President
ATTEST:
Eli Wax, Secretary
8 -
EXHIBIT A
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Lafayette North Allocation Area
River West Development Area
A part of Sections 1, 11, 12, 13, & 14, Township 37 North. Range 2 East. Portage Township, within the
City of South Bend, St Joseph County,State of Indiana. & being more particularly described within the
following thirty-six(36)courses
1_ Beginning at the northwest corner of Lot 258 as said Lot is known and designated on the Original
Plat of the Town(now City)of South Bend:
2. Thence North along the east right of way line extended of Lafayette Blvd.an approximate distance
of 82.5 feet to the Southwest corner of Lot 3 as said Lot is known &designated on the recorded
plat of Valley American Bank Washington Street Minor Subdivision said plat being recorded as
Instrument Number 9860383 in the Recorder's Office of St Joseph County. Indiana;
3_ Thence continuing North along said east right of way line and the west line of said Lot 3 an
approximate distance of 198 feet to the northwest corner thereof:
4. Thence East along the north line of said Lot and the north line of Lot 2 in said plat an approximate
distance of 156 feet to the northeast corner of said Lot 2.
5. Thence South along the east line of said Lot 2 an approximate distance of 65 feet;
6_ Thence East along said east line an approximate distance of 7 feet;
7. Thence South along said east line of Lot 2 an approximate distance of 133 feet to the north nght
of way line of Washington Street,
8. Thence East along said north right of way line an approximate distance of 179 feet to the southeast
corner of Lot 240 in the plat of the Original Town(now City)of South Bend&the west right of way
line of Main Street;
9 Thence North along said west right of way line an approximate distance of 212 feet to the north
line of a 14-foot wide public alley lying south of& adjacent to Lots 237 & 244 in the plat of the
Original Town (now City)of South Bend,
10 Thence West along said north line&said north line extended an approximate distance of 426.50
to the southeast corner of Lot 387 in the plat of the Original Town(now City)of South Bend&the
west right of way line of Lafayette Blvd;
11 Thence North along said west nght of way line an approximate distance of 91 feet to the southeast
corner of land described &/or shown in Instrument Number 2021-15186 in the Recorder's Office
of St.Joseph County. Indiana:
12 Thence West along the south line of said land an approximate distance of 102 feet to the
southwest corner thereof,
13. Thence north along the west line of said land &said west line extended an approximate distance
of 192.5 feet to the north right of way line of Colfax Avenue:
14. Thence West along said north right of way line an approximate distance of 514 feet to the east
right of way line of William Street;
Filed in Clerk's Office
J Ail 2 1 2026
A-1 Bianca Tirado
City Clerk, South Bend, IN
15. Thence North along said west right of way line an approximate distance of 409 feet to the south
right of way line of Lasalle Avenue;
16_ Thence East along said south right of way line an approximate distance of 448.5 feet to the
northwest corner of Lot 379 in the plat of the Original Town(now City)of South Bend,
17. Thence North along the west line extended of said Lot 379&the east line of a 14-foot wide public
alley an approximate distance of 222 feet to the northwest corner of land descnbed in Instrument
Number 0008138 in the Recorder's Office of St.Joseph County, Indiana:
18 Thence East an approximate distance of 82.5 feet to the northwest corner of Lot 218 in the Onginal
Plat of the Town(now City)of South Bend:
19. Thence East along the north line of said land and said north line extended an approximate
distance of 179 feet to the east line of a 14-foot wide public alley and the west line of land
described in Instrument Number 0408109 in the Recorder's Office of St.Joseph County, Indiana:
20. Thence North along said west line an approximate distance of 63 feet to the northwest corner of
said land;
21_ Thence East along the north line of said land an approximate distance of 83 feet:
22. Thence South along said north line an approximate distance of 33 feet,
23_ Thence East along said north fine an approximate distance of 84 feet to the west nght of way line
of Main Street;
24_ Thence South along said west right of way line an approximate distance of 247 feet to the south
right of way line extended of LaSalle Avenue:
25 Thence East along said south right of way line extended and said south right of way line an
approximate distance of 445 feet to the northeast corner of Lot 1 as said Lot is known and
designated on the Original Plat of the Town (now City)of South Bend and the west right of way
line of Dr Martin Luther King. Jr.. Drive;
26. Thence South along said west right of way line an approximate distance of 195 feet to the
southeast corner of Lot 3 as said Lot is known&designated in the plat of the Original Town(now
City)of South Bend;
27. Thence West along the south line of said Lot 3& said south line of Lot 3 extended &the south
line of Lot 10 in said plat an approximate distance of 344 feet to the east right of way line of Main
Street&the southwest corner of said Lot 10;
28 Thence South along said east right of way line an approximate distance of 14 feet to the northwest
corner of Lot 2 as said Lot is known &designated on the recorded plat of the Morris Civic Minor
Subdivision, said plat being recorded as Instrument Number 9836277 in the Recorder's Office of
St. Joseph County, Indiana;
A-2
29. Thence East along the north line of said Lot an approximate distance of 77 feet to the northeast
corner of said Lot 2;
30_ Thence South along the east line of said Lot 2 an approximate distance of 47 feet to the northwest
corner of Lot 3 on said plat;
31. Thence generally in a southeasterly direction along seven (7) lines, which are labeled as lines
numbered L 14, L13,L 12,L11, L 10, L9,& L8 on said plat&collectively represent the north line of
said Lot 3,to the northeast corner thereof;
32. Thence South along the east line of said Lot 3 an approximate distance of 34 feet to the north
right of way line of Colfax Avenue;
33. Thence continuing South an approximate distance of 82.5 feet to the south right of way line of
said Colfax Avenue&the northeast corner of Lot 24 as said Lot is known&designated on the plat
of the Original Town(now City)of South Bend,
34. Thence West along said south right of way line & the north line of said Lot 24 an approximate
distance of 150 feet to a point that is approximately 16 feet East of the northwest corner of said
Lot 24;
35. Thence Southwest an approximate distance of 21 feet to a point on the east nght of way line of
Main Street & the west line of said Lot 24 that is approximately 16 feet South of the northwest
corner of said Lot 24.
36 Thence South along said east right of way line of Main Street an approximate distance of 394 feet
to the south right of way line of Washington Street:
37 Thence West along said south right of way line and said south right of way line extended an
approximate distance of 443 feet to the point of beginning of this description.
The above-descnbed area (1) contains approximately 23 Acres of land, (2) was prepared based upon
publicly available record information, and(3) contains within the same the entirety the existing parcels
of land that are listed on the following page(s),I
A-3
Parcel List for the Lafayette North Allocation Area
I No I IDD Sub-Dlatrlct
w
Parcel ID 0 I IN Parcel ID M S•Addreaa I
1 Lafayette North 018 10t2.0449 71.08-12.105 006.000 026 Vacant
2 Lafayette North 018 1012 0447
L
71 08 12 105 004.000 026 Vacant
3 Lafayette North_ 018-1002.0041
t
71.08-12-107-006.000-026 t_-----
Vint— 1
4 I Lafayette North I 018-1008-028902 I 71-08-01-357-010.0000.000-026 --_—_
r—
Vacant 1
5 Lafayette North —018 1002 0042 — 71 08 t2 107-012.000 026
6 Lafayette North 018-1023-0978 71-08-11-230-010.000-026 -__
w--W
Vacant
413 W COLFAK AVE
7 Leta tte NorthYa 0181023.0996 710811-230.001,004026 406 W LASALLE AVE
I--
8 , Lafayette North--—018-1023-0997 _ , 71-08-11-230-002.000 026 a 402 W LASALLE AVE
Lafayette North 01E-1023.0998 71.08-11.230-003.000-026
10 Lafayette North 018-1023-0999 71-08 11 230-004.00a026
352 W LASALLE AVE
346 WLASALLEAVE
11 Lafayette North 013.1023-1300 71.08.11.230-005,000 026 _-----
12—'-' 340 W LASALLE AVE
Lafayette North 018-1023.1001 t II— ,1-_ 71-0811-230-006.000-026 334 W LA___AVEI13ILafayetteNorthI018-1023-0980 I 7230-011.000---026 --_---t—14....
f_333 W COLFAX AVE wl1.08-11.
Lafayette North- —018-1023-1002 - 171-08-11-230-007.000-026 324 W LA6ALLE AVE
15 Lafayette North 018-1023.1003 71-08-t 1.230-008 000-026 ---- — ~---_+—`322 W LASALLE AVE
16 LafayatteNorth-_
I—018-1023-1004
j 71-08.11-230-009.000-026 _---L—_-_L 320 W LASALLE AVE
1— 17_-, Lafayette North I 018-1012.0444 , 71.08-12-105-001000.026 i ------ 314 W LA__ AVE
18 Lafayette North 018-1013-0509 71-08-12-102-002.000-026 _ 312 N LAFAYETTE BLVD
19— Lafayette North 018-1008-0290 71-08-12-102-005 000426 --_-301 N MAIN ST
20 Lafayette North 018-1013-049901 71-08-12-101-001.000-026 --_-- 301 N LAFAYETTE 13LVD21LafayetteNorthI018-1013-0500 I 71-08-12-101-002000-0— 2_6 I- —_ 301 N LAFAYETTE BVD -____-1
22 I Lafayette North I 018.1002-0940 1 71-08-12-107-005.000-026 ii 237 N DR MARTIN LUTHER KING JRw'.+3 I
Lafayette North 1
018.1012-04
rt' - - .
001000-0226 ------ 16971-0812110 228 W COLFAX AVE
24 Lafayette North 018-1008-0300 71-08-12-107-003.000-026 226 N MAIN crMAIN ! `
L.25__1_ Lafayette North
M,
018-1012-0466A 71-08-12-106-951 000-026 -_--F v T —B
08-12-110-013A00-026 II26ILafayetteNorthI018-1012-0476 I 71 225 W WASNINGTON ST I27LafayetteNorth018-1012.0466 71.08-12.106-003.0000226 1
225 W COLFAX AVE28LafayetteNorth018-1008-0294 71-08-12-106-001.000-026 225 N MAIN ST29LafayetteNorth018-1012-0470 71-08-12-110-002.000-026 224 W COLFAX AVE30LafayetteNorth018-1012-0446 _ 71-08-12-105-002.000-026
r——
BUM
i_ i 223 N LAF ___BUMI31_ I Lafayette North 018 1413 0510 1
J_013-1008.0296
I 171-08-12.102-003.000-026 I 221 WLASALLEAVE32_.r LafayetteNorth_ 1 71.08-12-106-002.000-026 I -- ---
I
221 N MAIN ST i
Filed in Cle OfflcF J
A-4 J AN 2 1 2026
Bien South Bend, INGityClerk,
No. IDD Sub-District Pared ID t} IN Parcel ID p S-Address
C 33 Lafayette North 1 018-1012-0471 171-08-12-110-005.000.026 I 220 W COLFAX AVE I
34 I Lafayette North 6 018-1008-0304 I 71.08.12-107-004000-026 I 220N MAIN ST
4 35 I Lafayette North 4_018-1013-0511 71-08-12-102-004.000-026
1
217 W LASALLE AVE
36 Lafayette North 018-1012-0474 71-08.12-1110-006 000.026 216 W COLFAX AVE _—
L37 Lafayette North T 018-1012-0477 1 71-08-12-110-014000-026T__-215 W WASHINGTON ST _—)
I 38 Lafayette North ''L018-1012-044601_II. 71 08-12-105-003 000-026_t_ 215 N LAFAYETTE BLVD I
39 1 Lafayette North ; 018-1008-029701 I 71-08-12-106-004.000-026 ; 213 W COLFA7(AVE 1
40 —Lafayette North 018-1008-0297 71-08-12-106-005 000-026 213 N MAIN ST
I41-4_Lafayette North 018.1008-0312 - 71-08-12_110-007.000-0266_—_ 212 W COLFAX AVE —_-
142 . Lafayette North 018-1012-0448 . 71-08-12-105-005.000-026 . 211 N LAFAYETTE BLVD
r43 Lafayette North 018-1008-0313 fi 71-08-12-110-008.000-0271— 208;COL—FAX AVE-----1
I44- I Lafayette North i 018-1012-0451-4 71-08-12-109-002.000-026 I _—r
135 N LAFAYETTE BLVD
r
1 45 1 Lafayette North 1 018-1008-0314 1 71-08-12-110-009A00-026 f 133 N MAIN ST I
46 Lafayette North 018-1012-0472 1 71-08-12-110-003.000-026 132 N LAFAYETTE BLVD _ i
I 47 I Lafayette North I 018-1012 0473 I 71 08 12 110-004.000.026 I 130 N LAFAYETTE BLVD I
1 48 I Lafayette North I 018-1008-0315 171-08.12-110-010.000-026 1 129 N MAIN ST 1
49 ~
4.1.0
Lafayette North 018-1008-0316 71-08-12 110-011.000-026 127 N MAIN ST
1 50. I Lafayette North t 018-1008-0308 4 71-08-12-107-007.000-026 i --_ 123 W COLFAX AVE _ 1
I 51 —II Lafayette North I 018-1008-0317 1 71-08-12-110-017,000-026 I 123 N MAIN ST I
f52 ! Lafayette North t018 1012 0475 I 71-08 12110 012.000 026 I —
M
122 N LAFAYE t 1 t BLVD —1
I 53- 1 Lafayette North 018-1008-0307 4 71-08-12_107-008.000-026.1 ___ 121_W COLFAX AVE ___I
1t 54 1 Lafayette North
I
1 018-1008-0298 1 71-08-12-107.001.000.026 1 120 W LASALLE AVE I
55_1 Lafayette North018-1008-0299 1 71-08-12-107-002.000-0266r—M
120 W LASALLE AVE—
w—
C 56- i Lafayette North I 018-1008-0306 1 71-08-12-107-009.000-026 1 _—_ 115 W COLFAX AVE 111
Frl eel in CIerk' n
TiceJAN2f21I26
City Clerk tS iath.bcA-5 I'c1 IN
Map of the Lafayette North Allocation Area
I I I I Z1
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La 378 N!2 lnt 2S9 i' /
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1 k 13s f '/ °' 2
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1
W LASAL AVE W LASALLE AVE
0AID A
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J wJ
Fr Morris pvfcdZlii•g i Mk,ors
VIA, 4 O/
W COLFAX AVE Al
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II
z tpt2N /, 2„ Z/6 —
vaeanka mo7 \ 7 I r Um
Intl! app°t7397
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z
L___ La
ii,t„,24
W WASHINGTON ST7// ASHINGTON ST E
Lot Ni R ,d25g 1— 0,25
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J W 392 IO L T Z tot 26 t/)
a—
Z t 393 I
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CO —
oint of Beginning
NW Comer Lot 258)
Filed in Clerk's Off.
JAN 2 1 2026
Bianca 7iruci0
A-6
City Clerk South 13enci, IN
EXHIBIT B
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Lafayette South Allocation Area
River West Development Area
A part of Sections 11 & 12,Township 37 North, Range 2 East,Portage Township,within the City of South
Bend,St.Joseph County.State of Indiana;&being more particularly described within the following thirty-
seven(37)courses:
1. Beginning at the intersection of the centerline of a vacated street known as Franklin Street and
shown on the recorded plat of Vail's Subdivision,said plat being recorded as Instrument Number
1330638 in the Recorder's Office of St.Joseph County, Indiana,and the south right of way line of
Western Avenue;
2. Thence North along said extended centerline an approximate distance of 82.5 feet to the north
right of way line of Western Avenue;
3 Thence West along said north nght of way line an approximate distance of 278 feet to the east
right of way line of William Street;
4 Thence North along said east right of way line an approximate distance of 263 feet to the
northwest corner of Lot B as shown on said recorded plat;
5 Thence East along the north line of said Lot B&said north line extended an approximate distance
of 278 feet to said centerline of vacated Franklin Street:
6. Thence North along said centerline an approximate distance of 150 feet to the south right of way
line of Wayne Street;
7. Thence Northeast an approximate distance of 92 feet to the north right of way line of Wayne Street
the southwest corner of land described in Instrument Number 2024-12725 in the Recorder's
Office of St. Joseph County, Indiana:
8 Thence North along the west line of said land&said west line extended an approximate distance
of 212 feet to the north line of a 14-foot wide public alley &the south line of Lot 2 as said Lot is
known & designated on the recorded plat of Johnson 2 Acre Lots, said plat being recorded as
Instrument Number 1859065 in the Recorders Office of St.Joseph County, Indiana:
9 Thence West along the north line of said alley & the south line of said Lot 2 & said south line of
Lot 2 extended an approximate distance of 188 feet to the southwest corner of land described in
Instrument Number 1732315 in the Recorder's Office of St Joseph County, Indiana & the east
line of a 14-foot wide public alley:
10 Thence North along the west line of said land&the east line of said alley an approximate distance
of 199 feet to the south right of way line of Jefferson Street:
11 Thence East along said south right of way line an approximate distance of 301 feet to the west
line of a 14-foot wide public alley& the east line of Lot 1 in said plat;
12. Thence South along said west line an approximate distance of 134 feet to the north line extended
of Lot 399 as said Lot is known&designated on the plat of the Original Town(now City)of South
Bend;
13. Thence East along said north line extended&said north line an approximate distance of 181 feet -
CeFiledinClerk's U
JAN L 1 2026
B 1
Bianca 1 irado
City Clerk, South Bend, IN
to the west right of way line of Lafayette Blvd:
14. Thence South along said west right of way line an approximate distance of 561 feet to the south
line of Lot 405 in said plat of the Original Town (now City)of South Bend,
15. Thence West along said south line an approximate distance of 165 feet to the southwest corner
of said Lot 405&the east line of a 14-foot wide public alley.
16. Thence South along said east line an approximate distance of 212 feet to the north right of way
line of Western Ave:
17. Thence East along said north right of way line & said north right of way line extended an
approximate distance of 247.5 feet to the southwest corner of Lot 277 in said plat of the Original
Town (now City)of South Bend&the east right of way line of Lafayette Blvd;
18. Thence North along said east right of way line & said east right of way line extended an
approximate distance of 902.5 feet to the south right of way line of Jefferson Street;
19. Thence East along said south right of way line & said south right of way line extended an
approximate distance of 204 feet to the northeast corner of land described in Instrument Number
2019-01247 in the Recorder's Office of St. Joseph County, Indiana;
20. Thence South along the east line of said land an approximate distance of 169 feet;
21. Thence Southwest along the southeast line of said land an approximate distance of 49 feet to the
west line extended of a 14-foot wide public alley;
22. Thence South along said west line extended&said west line an approximate distance of 211 feet
to the southeast corner of Lot 265 in said plat of the Original Town (now City) of South Bend &
the north right of way line of Wayne Street.
23. Thence Southeast an approximate distance of 82.8 feet to the south nght of way line of said
Wayne Street&the centerline of a 14-foot wide public alley;
24. Thence South along said centerline an approximate distance of 212 feet to the north line extended
of Lot 274 in said plat of the Onginal Town(now City)of South Bend:
25. Thence East along said north line extended & said north line a distance of 82 feet to a point that
is 90 feet West of the northeast corner of said Lot 274:
26_ Thence South parallel with the east line of said Lot 274 a distance of 22 feet:
27. Thence East parallel with the north line of said Lot 274 an approximate distance of 90 feet to the
east line of said Lot&the west right of way line of Main Street;
28. Thence North along said west right of way line & said west right of way line extended an
approximate distance of 1,220 feet to the south right of way line of Washington Street;
29. Thence west along said south right of way line an approximate distance of 344 feet to the
B-?
northwest corner of Lot 258 in said plat of the Original Town (now City)of South Bend&the east
right of way line of Lafayette Blvd;
30. Thence South along said east right of way line an approximate distance of 198 feet to the
southwest corner of Lot 256 in said plat;
31_ Thence West an approximate distance of 82.5 feet to the southeast corner of Lot 393 in said plat
and the west right of way line of Lafayette Street;
32. Thence South along said west right of way line an approximate distance of 55 feet to the southeast
corner of land described in Instrument Number 2022-15108 in the Recorder's Office of St.Joseph
County. Indiana;
33. Thence West along the south line of said land an approximate distance of 165 feet to the east line
of a 14-foot wide public alley;
34. Thence North along said east line an approximate distance of 254 feet to the northwest corner of
Lot 391 in the Original Plat of the Town(now City)of South Bend &the south right of way line of
Washington Street;
35. Thence East along said south nght of way line an approximate distance of 165 feet to the northeast
corner of said Lot 391:
36. Thence North along the west right of way line of Lafayette Blvd extended an approximate distance
of 82.5 feet to the southeast corner of Lot 390 in said plat of the Original Town(now City)of South
Bend&the north nght of way line of Washington Street:
37. Thence East along said north right of way line an approximate distance of 525 feet to the east
right of way line of Main Street;
38. Thence South along said east nght of way line an approximate distance of 1.560 feet to the south
right of way line of Western Avenue:
39. Thence West along said south right of way line an approximate distance of 857 feet to the point
of beginning of this description.
The above-descnbed area(1) contains approximately 19 Acres of land, (2)was prepared based upon
publicly available record information, and (3) contains within the same the entirety the existing parcels
of land that are listed on the following page(s)
B-3
Parcel List for the Lafayette South Allocation Area
No.—T—IDO Sub-District i Parcel ID k IN Parcel ID k S-Address
L
1 --1—Lafayette South 1 018-3012.044002 71.08.11.284-003.000-026 ---411 W WESTERN AVE i
2 ! Lafayette South 1 018-3011-0388 ! 71-08-11-283-008.000-026 ! 410 W JEFFERSON BLVD 1
3 I Lafayette South 018-3011-0389 71.08-11 283 009 000 026 404 W JEFFERSON BLVD
4 Lafayette South 018-3012-0452 71-08 11-284006.000 026F333WWESTERNAVE
JE5 —!—Lafayette South 1 01 B3008-0 21 117 08-12-160-012.000-026 ----- 333 S MAIN ST
6 Lafayette South 018-3011-0398 71-08-11-283-011 000-026 332 W JEFFERSON
BLVD7——Lafayette South 01 B 3008-0266 71-0812 160 011.000 026 331 S MAIN ST
8 --Lafayette South 018-3008-0265 1 71-08-12-160-010 000-026 331 S MAIN ST
t 9 I Lafayette South 018-3008-0257 71-08-12-160-004 000-026 328 S LAFAYETTE BLVD
L 10 Lafayette South 018-3008-0264 71-08.12-160.009 000-026 32 5S MAIN ST-- --
I
i 11-! Lafayette South 1 018-3008-0256 I 71-08-12-160-003 000-026 1 322 S LAFAYETTE BLVD
t—1--------I-----t--------- ----- --1
12 Lafayette South 018-3008-0263 ' 71-08-12-160-008.000-026 321 S MAIN ST
13 Lafayette South 016 301 t-0399 71-08-11-283 012.000 026 320 W JEFFERSON BLM)
14 , Lafayette South 018-3011-0403 71.0E 11-263 017.000-026 319 W WAYNE ST
i— —+— —I- ----a-- ----- ----- --
i 15 I Lafayette South 1 018-3008-0262 I 71-08-12-160-007 000-026 i 319 S MAIN ST
16 Lafayette South 018-3011-0400 71-08-11-283-013.000-026 316 W JEFFERSON BOA)
17 Lafayette South 018-3011-0405 71-08-11-283-019.000-02 315 W WAYNE ST
18I Lafayette South I 018-3011-0404 I 71-08-11-283-018.000-026 I 315112 W WAYNE ST
19 Lafayette South 018-3009-0302 71-08-12-155-004.000-026 313W WAYNE ST
i
20 Lafayette South 018-3009-0306 71-08-12-159-003.000-026 313 S LAFAYETTE BIM)
L21._i—Lafayette South i 018-3009-0286 I 71_08-12-151.001.000_026 I —310 W WASHINGTON ST —.1
22 I Lafayette South I 018-3009-0287 I 71-08-12-151-002.000-026 I 302 W WASHINGTON ST
23 r Lafayette South I 018-3009-0305 I 71-08-12-159-002.000-026 1 302 S LAFAYETTE BLVD
i 24...4 Lafayette South ` 018-3009-0304 I 71_08-12-159-001.000-026 BOA)S LAFAYETTE BL
25 I Lafayette South ! 018-3007-0221 ! 71.08-12-156-006.000-026 ! 226 S LAFAYETTE BLVD
Lafayette uth 018-3007-0216 0-026 N
Lafayette South 018-3007-0222 71-08-12-156007 00--026 4221 W WAYNOE ST
W
i
28 Lafayette South 018-3007-0217 71-08-12-156-002 000-026 220 W JEFFERSON BLVD
Lafayette South 018-3009-0300 71 0812155 003.000 026 219 S LAFAYETTE BLVD
Latayette South 018 3007-0220 71-08-12-156-005.000-026 216 S LAFAYETTE BLVD
1 31 I Lafayette South ! 018-3009-0299 1 71-08-12-155-002.000-028 1 215 S LAFAYETTE BLVD I
1_32—j Lafayette South 018-3009.0288171_08-112-151.003.000.0261--115 S LAFAYETTE BLVD —_
Filed in Clerk's Office
JAN 11 2026
B-4 Bianca Tirado
City Clerk, South Bond, IN
I No. I IDD Sub-District 1Parcel ID# I IN Parcel ID* r._.
r
S-Add ress -- I
i. 33 Lafayette South 018-3008-0258 71-08.12.160-005000-026 1 Vacant ._. .
34 Lafayette South 018.3009_0289 71_08_12_151 004 000 026 Vacant
35 Lafayette South 018-3008-0255 71-08-12-160-002.000-026 Vacant
36 1 Lafayette South -i 018.3008-0251 71.08-12.160.001.000-026 -- Vacant
37 I Lafayette South 1 018-3011-0397 71-08-11-283-010 000-026 I Vacant
f38
Lafayette South 018-3009-0307 71.08.12.159.004 000-026 Vacant
39 I _ayfayette Sout I 018-3009-0303 I 71-08.12-155.005 000-026 I 311 uV WAYNE ST 1
B-5
Map of the Lafayette South Allocation Area
1 1 1 1 1 1 I
Valley
ivy I ,4" I Ld3,
Barb SubI Z
r-
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95:3:
3113 3 iv A.'23.
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Franklin St&S Right of Way O 11
Line West Western Ave1 ldA
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W MONROI ST W MONROE ST
Filed in C'ert:',-- 1-`lice
JAN [ 1 2026
B-6
Bianca Tirado
City Clerk, South Bend, IN
EXHIBIT C
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Ignition Park Allocation Area
River West Development Area
A part of Sections 13& 14,Township 37 North. Range 2 East,Portage Township,within the City of South
Bend. St. Joseph County, State of Indiana; & being more particularly described within the following ten
10)courses:
1 Commencing at a railroad spike marking the northwest corner of said Section 14, thence East
along the north line of said Section 14 an approximate distance of 3,346 feet to the centerline of
Prairie Avenue&the Point of Beginning of this description;
2. Thence continuing East along said north line an approximate distance of 1,923 feet to a Harrison
monument located at the north common corner between said Sections 13& 14,
3. Thence East along the north line of said Section 13 an approximate distance of 266 feet to the
east right of way line extended of South Lafayette Blvd..
4. Thence South along said east right of way line extended, & said east nght of way line, an
approximate distance of 561 feet to the north right of way line of Garst Street;
5 Thence West along said north right of way line an approximate distance of 454 feet to the
centerline of Franklin Street:
6 Thence south along said centerline an approximate distance of 20 feet to the south line extended
of Lot 6 as said Lot is known&designated on the recorded plat of Ignition Park Major Subdivision
Section Two,said plat being recorded as Instrument Number 1415380 in the Recorder's Office of
St. Joseph County, Indiana;
7. Thence West along said south line extended & said south line, & the south line of Lot 5 in said
plat& said south line extended, an approximate distance of 992 feet to the centerline if Ignition
Drive;
8. Thence South & Southeast along said centerline an approximate distance of 801 feet to the
centerline of Cotter Street;
9. Thence Southwest & West along said centerline an approximate distance of 1.436 feet to the
centerline of Prairie Avenue,
10 Thence Northeast&North along said centerline an approximate distance of 1,693 feet to the point
of beginning of this description.
The above-described area (1) contains approximately 52 Acres of land. (2) was prepared based upon
publicly available record information, and (3) contains within the same the entirety the existing parcels
of land that are listed on the following page(s).
Filed in Clerks Office
JAN L 1 2026
C l
Bianca Tirado
City Clerk, South Bend, IN
Parcel List for the Ignition Park Allocation Area
r...._._T— ._._..___j__._-_--- i
No. 1 IDD Sub•District I Parcel ID# q IN Parcel ID# S-Address i
1 I Ignibon Park l 018 8021-084906 E 71-08-14-226-001 000-026 R 410 W SAMPLE ST
i 2 I Ignibon Park ! 014-8021-0849 l 71-C8.14-276.002 000-026 I 400 W SAMPLE ST E
t----- i------- 4------ I
3 Ignibon Park 018-8021-084903 71 08-14-203-002000-026 I 1100 PRAIRIE AVE
4------
i 4 —{ Ignibon Park ! 018-8021-084902 I 71-08-14-203-003.000-026 I 1100 PRAIRIE AVE —
5 —I— Ignibon Park 018.8021-084904-1- 71-08-14-226-002.000-028 T 1010 PRAIRIE AVE
M
6 Ignibon Park I 018-8002-0061 1714227-00i000-0i! Vacant
1 7 I Ignibon Park l 018-8002-006101 { 71-08-14-227-011.000-026 I Vacant t
t------------j----- 1
8 1 Ignibon Park 1 018-8002-006102 1 71-08-14-227-012.000-026 L Vacant
Filed in Clerk's Office
JAN 2 1 2026
C-2
Bianca Tirarf,,
City Clerk, South fiend, IN
Maps of the Ignition Park Allocation Area
Point of
Commencement
NW Cur Sec 14)
N19°3T49'E 3,34 South.74'(ca c'd W SAMPLE ST. —S Line-Sec 11-T37N-R2E
r
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GARST ST
AilIl
7:174r 110 \\...,,,_
e____._____:it74Z
6
COTTER ST
Filed in Clerk's Office
JAN 2 1 2026
Bianca Tu;.u,h
City Clerk, SO(Jiil Bend, IN
C-3
1
is
F
t
West Line
S.L
West
tteo Blvd.
East RAN Line —
S.Laaayette
Blvd-
Harrison Monument z
N Common Comer j a
Secs 13a14
S comma,Comer
Secs 11&12 So y-Sec 12-T37N-R2EiSouthLine-Sec 11-T37N-R2E— - ,ihm T
North Line-Sec 14-TSrnat2E "
ego://
r North Line-Sec 13-T37N-R2E-
1
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I A Garst St
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CA_-Ignition Drive c z
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I
Filed in Clerk's Office
JAN 2 1 2026
E3ianc;, 1 ir.
C;ty Clcrk, Sc rjtli L(Inr1, 1h;C-4
EXHIBIT D
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Downtown North Allocation Area
River West Development Area
A part of Sections 1 & 12. Township 37 North. Range 2 East. Portage Tov.nship. within the City of South
Bend, St. Joseph County. State of Indiana: & being more particularly described within the following six
6) courses:
1. Beginning at the southeast corner of Lot 72 as said Lot is known and designated on the Original
Plat of the To•.vn (no:. City) of South Bend:
2. Thence West along the south line of said Lot 72 & the north right of way line of LaSalle Avenue
an approximate distance of 340 feet to the southwest corner of land described in Instrument
Number 8304830 in the Recorder's Office of St. Joseph County. Indiana:
3. Thence Northwest along the .vest line of said land an approximate distance of 23 feet to the east
right of way line of Main Street:
4. Thence North along the :vest line of said land an approximate distance of 472 feet to the southwest
corner of Lot 163 in the plat of the Original Town (now City)of South Bend. the east right of way
line of said Main Street. & the southwest corner of land described in Instrument Number 2024-
17603 in the Recorder's Office of St. Joseph County. Indiana:
5. Thence North. Northeast. East. & Southeast along said east right of way line which is also the
west. northwest. north. & northeast lines of said land an approximate distance of 627 feet to the
east line of said land & a point which is at the northeast corner of the south half of Lot 158 in the
plat of the Original Town(now City)of South Bend &the west right of way line of Dr. Martin Luther
King Jr. Blvd:
6. Thence South along said :vest right of .:ay line & said ..west right of way line extended an
approximate distance of 811 feet to the point of beginning of this description.
The above-described area (1) contains approximately 6 Acres of land. (2) ',vas prepared based upon
publicly available record information. and (3) contains within the same the entirety the existing parcels
of land that are listed on the following page(s).
Filed in Clerk's Office
J A N 2 1 2026
Bianca Tirado
City Clerk, South Bend, IN
D-1
Parcel List for the Downtown North Allocation Area
No. j IDDSnb-District Parcel ID# IN Parcel ID# I S-Address
1
L
Downtown North 018-1003-0095 .. 71-08-01-355-003.000-026 425 N DR MARTIN LUTHER KING JR DR
2 ! Downtown North I 018-1003-0089 j 71-08-01-355-002.000-026 ! 416 N MAIN ST 1
I 3 1 Downtown North I 018-1003-0094 1 71-08-01-355-004.000-026 1 413 N DR MARTIN LUTHER KING JR DR 1
I 4 j Downtown North I 018-1003-0093 1 71-0&01-355-005.000-026 I 409 N DR MARTIN LUTHER KING JR DR 1
I 5 ( Downtown North 1 018-1003-0092 1 71-08-01-355-006.000-026 I 401 N DR MARTIN LUTHER KING JR DR I
6 r Downtown North—018-1003-0100 1 71.08-01-358-001.0000261. 336 N AINM ST 1
j 7 j Downtown North I 018-1003-0112 j 71-08-01-358-006.000-026 j 333 N DR MARTIN LUTHER KING JR DR j
1 8 1 Downtown North 1 018-1003-0102 1 71-08-01-358-002.000-026 1 328 N MAIN ST I
j 9 j Downtown North I 018-1003-0103 1 71-08-01-358-003.000-026 j 324 N MAIN ST 1
10 1 Downtown North I 018-1003-0104 i 71-08-01-358-004.000-026 I 322 N MAIN ST
1---.t------------1-----------1------------------r-------------------------1
11 Downtown North I 018-1003-0111 I 71-08-01-358-007.000-026 I 321 N DR MARTIN LUTHER KING JR DR I
j 12 j Downtown North I 018-1003-0107 j 71-08-01-358-008.000-026 j 309 N DR MARTIN LUTHER KING JR DR j
13 Downtown North 018-1003-0125 1 71-08-12-103-002.000-026. 307 N DR MARTIN LUTHER KING JR BLVD
I14 -I Downtown North 018-1003-0120 I 71-08-12-103 001 000-026 I 121 W LASALLE AVE
j 15 I Downtown North I 018-1003-0101 1 71-08-01-358-005.000.026 j Vacant I
Filed in Clerk's Office
JAN 2 1 2026
Bianca 7 irrarlc
City Clerk, SoutfY E3ei}d, IN
D-2
Map of the Downtown North Allocation Area
J H
Z
a
W MARION ST E MARION ST
0
lraret XC:Ill
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II Vdmr A
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W MADISON ST i ' kQ-
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Lot 376 N 1/2 Lot 219 I a , 'I% nS112Lot219
p,/6 1111
a06138 Ld218 'l00 Z I 'j/l/',i'•,//
ta137B tot216 1111l , A/ird
AVE W LASALLE AVE E LASAI
Lot 379
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Q IMum
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9836277 O
z ro -
AO
oint of Beginning
SE Corner-Lot 72)
Filed in Clerk's (Mice
JAN 11 2026
Bianca l 1r:.,,r
D-3
City Clerk, South tic'id, IN
EXHIBIT E
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Michigan Street Corridor Allocation Area
River West Development Area
A part of Section 12 Township 37 North,Range 2 East,Portage Township,within the City of South Bend.
St. Joseph County. State of Indiana; & being more particularly described within the following thirty-two
32)courses
1 Beginning at the intersection of the west right of way line of Main Street and the south right of way
line of Wayne Street.which is also the northeast corner of Lot 271 in the Original Plat of the Town
now City)of South Bend:
2_ Thence North along said west right of way line of Main Street and said west right of way line
extended an approximate distance of 1,068 feet to the north right of way line of Washington Street
and the southeast corner of Lot 240 in said plat:
3. Thence East along said north right of way line an approximate distance of 890 feet to the west
right of way line of Dr. Martin Luther King,Jr. Blvd;
4. Thence South along said west right of way line an approximate distance of 82.5 feet to the
northeast corner of Lot 1 as said Lot is known & designated on the recorded plat of Hall of Fame
Second Minor Subdivision, said plat being recorded as Instrument Number 1518735 in the
Recorder's Office of St. Joseph County, Indiana;
5. Thence continuing South along the east line of said Lot 1 an approximate distance of 204 feet to
the southeast corner thereof;
6. Thence West along the south line of said Lot 1 an approximate distance of 140 feet to the east
line of Lot 2 in said plat,
7. Thence South along said east line an approximate distance of 13 feet to the south line of said Lot
2:
8_ Thence West along said south line an approximate distance of 30 feet to the west right of way line
of Derue Court as shown on said plat;
9. Thence South along said west right of way line an approximate distance of 196 feet to the north
nght of way line of Jefferson Blvd;
10. Thence West along said north right of way line an approximate distance of 165 feet to the east
right of way line of Michigan Street.
1 1. Thence North along said east right of way line an approximate distance of 281 feet to the south
line extended of Lot 26 as said Lot is known & designated on the plat of the Original Town (now
City)of South Bend;
12 Thence West along said south line extended & said south line an approximate distance of 264
feet to the southwest corner of said Lot 26&the east line of a 14-foot wide public alley;
13. Thence North along said east line an approximate distance of 132 feet to the south right of way
line of Washington Street:
14. thence West along said south right of way line an approximate distance of 180 feet to the east
Filed in Clerk's Office
E JAN L 1 2026
Bianca Tirad',
City Clerk, South Bend, IN
right of way line of Main Street:
15. Thence South along said east right of way line an approximate distance of 451 feet to the
centerline of Jefferson Blvd:
16 Thence East along said centerline an approximate distance of 571 feet to the east line extended
of land described in Instrument Number 0101980 in the Recorder's Office of St. Joseph County,
Indiana:
17 Thence South along said east line extended and said east line an approximate distance of 129
feet:
18 Thence East along said east line an approximate distance of 41 feet to the west line of a 14-foot
wide public alley:
19. Thence South along the west line of said public alley an approximate distance of 323 feet to the
southeast corner of land described in Instrument Number 2022-32894 in the Recorders Office of
St.Joseph County, Indiana and the north right of way line of East Wayne Street;
20 Thence West along said north right of way line an approximate distance of 166 feet to the east
right of way line of Michigan Street,
21 Thence North along said east right of way line of Michigan Street an approximate distance of 410
feet to the south right of way line of Jefferson Blvd;
22. Thence West along said south right of way line of Jefferson Blvd. an approximate distance of 99
feet to the west right of way line of Michigan Street and the northeast corner of land described in
Instrument 2023-08487 in the Recorder's Office of St. Joseph County, Indiana;
23. Thence South along the east line of said land an approximate distance of 86 feet to the southeast
corner thereof;
24. Thence West along the south line of said land an approximate distance of 122 feet to the
southwest corner thereof;
25. Thence North along the west line of said land an approximate distance of 86 feet to the northwest
corner thereof and the south right of way line of Jefferson Blvd.:
26 Thence West along said south right of way line of Jefferson Blvd. an approximate distance of 225
feet to the east right of way of Main Street;
27. Thence South along said east right of way of Main Street an approximate distance of 410 feet to
the north right of way line of Wayne Street;
28. Thence East along said north right of way line of Wayne Street an approximate distance of 180
feet to the southwest corner of Lot 288 as said Lot is known and designated on the Original Plat
of the Town(now City)of South bend:
29. Thence North along the west line of said Lot 288 and the west line of Lot 287 in said plat an
approximate distance of 132 feet to the northwest corner of said Lot 287;
30. Thence East along the north line of said Lot 287 an approximate distance of 165 feet to the
northeast corner thereof;
31. Thence South along the east line of said Lot 287 and said Lot 288 and said east line extended an
approximate distance of 215 feet to the south right of way line of Wayne Street;
32. Thence West along said south right of way line of Wayne Street an approximate distance of 443
feet to the point of beginning of this description.
E-2
Parcel List for the Michigan Street Corridor Allocation Area
No. I IOU Sub-District I Parcel ID# r IN Parcel ID lk-----r-------- 6-Address -------_--I
1 • Michigan StComdor 018.3003-0053 • 71-08-12-158-007.000-026 j -- 236 S MICHIGAN ST j
l 2 j Michigan St Corridor I 018-3007-0250 j 71-08-12-157-012.000-026 j 235 S MICHIGAN ST
1 3 I Michigan St Corridor I 018-3007-0249 I 71-08-12-157-011.000-026 I 231 S MICHIGAN ST
4 Michigan St Corridor 018-3003-0051 71-08-12-158-006.000-026 230 S MICHIGAN ST
5 I Michigan St Corridor I 018-3007-0248 I 71-08-12-157-010.000-026 j 229 S MICHIGAN ST
6 j Michigan St Corridor 018-3007-0247 I 71-08-12-157-009.000-026 j 225 S MICHIGAN ST
7 j Michigan St Corridor I 018-3003-0049 I 71-08-12-158-005.000-026 j 222 S MICHIGAN ST
8 j} Michigan St Corridor j}_ 018-3003-004488--{j 71-08-12-158-004.000-026 j 216 S MICHIGAN ST j
9 I Michigan St Comdor j 018-3003-0047 j 71-08-12-158-003.000-026 ' 212 S MICHIGAN ST i
L 10I Michigan St Comdori..018-3003-0046--1 71-08-12-158-002_000-026_-----210 S MICHIGAN ST--------I
11 I Michigan St Corndor I 018-3003-0043 I 71-08-12-158-001.000-026 j 202 S MICHIGAN ST
12 Michigan StCorridor 018.3007-0243—j- 71-08-12-157-004.000-026 201 S MICHIGAN ST
13 Michigan St Comdor ' 018-3001-0014 ' 71.08-12-154-003.000.026 ' 126 S MICHIGAN ST
I 14 Michigan St Corridor I 018-3001-001301 I 71-08-12-154-002.000-026 122 S MICHIGAN ST
I 15I Michigan St Comdorr 018-3003-0052 r 71-08-12-158-008.000-026 T 113 E WAYNE ST
16 Michigan St Corridor I 018-3091-347405 I 71-08-12-154-001 000-026 I 111 S DR MARTIN LUTHER KING JR BLVD I
17 I Michigan St Corridor l 018-3001-0017 I 71-08-12-154-006.000-026 j 105 E JEFFERSON BLVD
I--18 Michigan St Corridor • 018-3006-019001 •---71-08-12-153-002_000-026 •----------Vacant -----------.
19 j Michigan St Corridor I 018-3091-347406 j 71-08-12-154-012.000-026 j Vacant
Filed in Clerk's Office
JAN 2 1 2026
E-3 Bianca Tiracio
City Clerk, South Bold, IN
Map of the Michigan Street Corridor Allocation Area
1 I I 1 --- I ,1 1 i O;A
l--
W COLFAX AVE E COLFAX AVE
ems+
id- f — 6
s v9a ate'' ..s17 2
i
o
t 1 I 2
91114312—"'Na0 1' 2
j/ j iTONSTIiyr .i) I AVI I0
7, MO r...."37 9
SON BLVD
w JEFFERSON BLVD E JEFFERSON BLw =
oyes 2
4 ,_-_,
q,!; -Li )Arf
YNE ST 9 3<SA E WAYNE ST
r r
c
w~ I,nm v,
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u)1r,;tom,.+.
W
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g Int.of W rope&way Main St.i4/Snpht army E Wayne St+
CO eI21' corner Lot 271 stl
d'a.b a&.wb3` re
in wI2 °i°
W WESTERN AVE E WESTERN AVE
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7 2 rD
a wct+
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00006
Filed in Cferk'-, ;r
c
JAN 21 2026
C3ianc:,a i;r
E-4
City Cicrk, 6 Znr1cl ,,
EXHIBIT F
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Studebaker Campus Allocation Area
River West Development Area
A part of Sections 11 & 12 Township 37 North, Range 2 East. Portage Township,within the City of South
Bend. St. Joseph County. State of Indiana: & being more particularly described within the following
eighteen(18)courses:
1. Beginning at the southeast corner of Lot 1 as said Lot is known&designated on the recorded plat
of Renaissance Minor Subdivision. said plat being recorded as Instrument Number 1526269 in
the Recorders Office of St. Joseph County. Indiana
2. Thence West along the south line of Lot 1 in said recorded plat an approximate distance of 600
feet to the west line of said Lot 1:
3. Thence North along said west line an approximate distance of 287 feet:
4. Thence West along said west line an approximate distance of 67 feet:
5. Thence North along said west line an approximate distance of 110 feet;
6. Thence Northwest along said west line an approximate distance of 92 feet to the south line of Lot
2 in said recorded plat.
7. Thence West along the south line of said Lot 2 & the south line of Lot 3 in said recorded plat an
approximate distance of 510 feet to the southwest corner of said Lot 3&the centerline of a vacated
road known as United Drive:
8. Thence Northeast along the west line of said Lot 3 & said centerline of a vacated road an
approximate distance of 285 feet to the northwest corner of said Lot 3;
9. Thence East along the north line of said Lot 3 an approximate distance of 269 feet to the northwest
corner of said Lot 2;
10 Thence East along the north line of said Lot 2 an approximate distance of 458 feet;
11. Thence South along the north line of said Lot 2 an approximate distance of 10 feet;
12. Thence East along the north line of said Lot 2 an approximate distance of 349 feet to the west
right of way line of Lafayette Blvd
13. Thence East an approximate distance of 82.5 feet to the northwest corner of land described in
Instrument Number 2025-02331 in the Recorder's Office of St. Joseph County. Indiana;
14. Thence East along the north line of said land an approximate distance of 343 feet to the northeast
corner thereof and the west right of way line of Main Street;
15. Thence South along said west right of way line and the east line of said land an approximate
distance of 99 feet to the southeast corner thereof and the north right of way line of Bronson
Street,
16. Thence West along said north right of way line and the south line of said land an approximate
Filed k's (D ice
F-I JANin 'L 1 2026BiancaClerTirado
City Clerk South Bend, IN
distance of 342 feet to the east right of way line of Lafayette Street and the southwest corner of
said land;
17. Thence South along said east right of way line an approximate distance of 552 feet to south line
extended of Lot 1 as said Lot is known 8 designated on the recorded plat of Renaissance Minor
Subdivision, said plat being recorded as Instrument Number 1526269 in the Recorder's Office of
St. Joseph County, Indiana,
18 Thence West along said south line extended an approximate distance of 82 5 feet to the southeast
corner of said Lot 1 and the point of beginning of this description.
F-2
Parcel List for the Studebaker Campus Allocation Area
No. I IDD Sub-District I Parcel ID# I IN Parcel ID# 1 S-Address
I 1 I Studebaker Campus 018-3018-0687 I 71-08-12-352-001 000-026 I 635 S MAIN ST
2 j Studebaker Campus j 018-3043-165402 j 71-08-12-351-001.000-026 j 635 S LAFAYETTE BLVD
3 } Studebaker Campus 018-3043-165409 - 71-08-11-477-001.000-026 600 UNITED D1
1 4 i Studebaker Campus 018-3043-165408 j 71-08-11-477-002.000.026 i Vacant - -
Filed in Clerk's Office
JAN 2 1 2026
F-3
Bianca Tirado
City Clerk, South Bond, IN
Map of the Studebaker Campus Allocation Area
I 7,/ 1 wi,
W MONROE ST .E
f-
z
tocc ro
O 3•
z _
H
I ch —
142 N R/W Line-W South St
W SOUTH ST
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RAILROAD]
L
United
0.-n ww,--,%AA'FS, RAILROAD[
coIRW WIQM V n,
s
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Filed in Clerk's Office
JAN 2 1 2026
Bianca Tired.)
City Clerk, South Bend, IN
F-4
EXHIBIT G
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Riverfront West Allocation Area
River West Development Area
A part of Section 12.Township 37 North, Range 2 East,Portage Township,within the City of South Bend.
St. Joseph County, State of Indiana; & being more particularly described within the following eighteen
18)courses:
1_ Beginning at the northwest corner of land described as'Parcel 135'within Instrument Number
1526367 in the Recorder's Office of St. Joseph County, Indiana;
2_ Thence East along the north line of said land an approximate distance of 400 feet to the
northwesterly right of way line of Jefferson Blvd;
3. Thence Southwest along said northwesterly right of way line an approximate distance of 605
feet to the said east right of way line of Dr. Martin Luther King Jr. Blvd:
4. Thence North along said east right of way line an approximate distance of 596 feet to the point
of beginning of this description_
The above-described area being identical to land referred to as "Parcel 135- within
Instrument Number 1526367 in the Recorders Office of St. Joseph County, Indiana
AND
5. Beginning at the southeast corner of land described in Instrument Number 2024-10901 in the
Recorder's Office of St. Joseph County, Indiana and on the north right of way line of Monroe
Street;
6. Thence West along said north right of way line of Monroe Street an approximate distance of
523 feet to the east right of way line of Columbia Street;
7. Thence North along said east right of way line of Columbia Street an approximate distance of
522 feet to the northerly terminus of said east right of way line and the southeast corner of Lot
2 as said Lot is known and designated on the recorded plat of Crowe Chizek 2n° Minor
Subdivision, said plat being recorded as Instrument Number 2025-13970 in the Recorders
Office of St. Joseph County, Indiana, and on the west line of land described in Instrument
Number 2024-26385;
8. Thence Northeast along said south line of Lot 2 an approximate distance of 80 feet to the west
line of land described in Instrument Number 2024-26385 in the Recorder's Office of St. Joseph
County, Indiana,
9. Thence Northwest along the west line of said land an approximate distance of 81 feet to the
westernmost corner of said land;
10_ Thence Northeast along the north line of said land an approximate distance of 155 feet;
11. Thence North along the west line of said land an approximate distance of 121 feet to the
northwest corner thereof;
12 Thence East along the north line of said land an approximate distance of 218 feet to the
Filed in Clerk's OICC
G-1 JAN 2 1 2026
Bianca Traci()
City Clerk, South Bond, I'
northeast corner thereof and the west line of 'Block 9' as said block is known and designated
on the recorded plat of River Bend Addition, said plat being recorded as Instrument Number
1977119 in the Recorder's Office of St. Joseph County, Indiana;
13. Thence Southeast along the west line of said 'Block 9'an approximate distance of 417 feet:
14 Thence Southwest along said west line of'Block 9'an approximate distance of 10 feet;
15 Thence Southeast along said west line of Block 9'an approximate distance of 40 feet:
16 Thence Southeast along said west line of Block 9'an approximate distance of 40 feet:
17. Thence Southeast along said west line of'Block 9' an approximate distance of 233 feet to the
northwest corner of land descnbed in Instrument Number 1825766 in the Recorder's Office of
St Joseph County, Indiana,
18. Thence South along the west line of said land an approximate distance of 255 feet to the
southwest corner thereof, the north right of way line of East Monroe Street, and the point of
beginning of this descnphon.
G-2
Parcel List for the Riverfront West Allocation Area
l No. 1 OD Sub-District 1 Parcel ID# 1 IN Parcel ID# l S-Address 1
l 1 l Riverfront West l 018-3090-3486 l 71-08-12-401 002.000-026 , 501 E MONROE S—
I 2 I Riverfront West I 018-3090-3485 I 71-08-12-401-001.000.026 I 404 COLUMBIA ST l
j 3 1 Riverfront West 1 018-3090-3476 1 71-08-12-327-004.000-026 l 401 E MONROE ST 1
4 I Riverfront West 1 018-3090-3481 I 71-08-12-178-006 000-026 1 348 COLUMBIA ST
I 5 I Riverfront West 1 018-3089-3475 1 71-08-12-176-004.000-026 I 120 S DR MARTIN LUTHER KING JR DR 1
1
6 Riverfrcnt West 018-3090-348401 71-08-12-256-001.000-026 Vacant
Filed in Clerk's Office:
JAN 21 2026
G-3 Bianca I trr:
City Clerk, Suutll t:iIL, IN
Map of the Riverfront West Allocation Area
2 S
IX
IX Sy
y
I 43) LPointofBeginningy
IN BLVD E JEFFERSON BLVD z NW comer Parcel*135 N
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Filed in Clerk's C1 ic;_
JAN 2 1 2026
Bianca Tir,:acir,
City Clerk, South null ! ;r'
G-4
EXHIBIT H
LEGAL DESCRIPTION, PARCEL LIST AND MAP
Downtown South Allocation Area
River West Development Area
A part of Sections 11 & 12,Township 37 North,Range 2 East,Portage Township,within the City of South
Bend.St Joseph County,State of Indiana;& being more particularly described within the following thirty-
three(33)courses
1. Beginning at the intersection of the north right of way line of Western Avenue and the west right
of way line of Main Street,
2. Thence East along said north right of way line an approximate distance of 1,164 feet to the point
of terminus of said north nght of way line&the south fine of Lot 1 as said Lot is known&designated
on the recorded plat of Crow Chizek Second Minor Subdivision, said plat being recorded as
Instrument Number 2025-13970 in the Recorder's Office of St Joseph County, Indiana;
3 Thence Southeast along the south line of said Lot 1 & the westerly line of Lot 2 in said plat an
approximate distance of 85 feet to the southwest corner of said Lot 2 & the eastern terminus of
the south right of way line of said Western Avenue;
4. Thence East along the south line of said Lot 2 an approximate distance of 414 feet to the west
right of way line of Columbia Street:
5. Thence South along said west right of way line an approximate distance of 477 feet to the north
right of way line of Monroe Street:
6 Thence West along said north right of way line of Fast Monroe Street an approximate distance of
1,114 feet to the east right of way line of Michigan Street:
7. Thence North along said east right of way line an approximate distance of 432 feet to the south
right of way line of Western Avenue.
0 Thence West along said south right of way line an approximate distance of 424 feet to the
northeast corner of Lot B as said Lot is known & designated on the recorded plat of Martin's
Addition to the City of South Bend First Replat, said plat being recorded as Instrument Number
09804995 in the Recorder's Office of St. Joseph County, Indiana:
9. Thence South along the east line of said Lot an approximate distance of 245 feet to the southeast
corner of said Lot B& the north line of Lot A as known & designated on said plat;
10_ Thence East along the north line of said Lot A an approximate distance of 33 feet;
11 Thence South along said north line an approximate distance of 7 feet:
12_ Thence East along said north line an approximate distance of of 172 feet to the west right of way
line of Michigan Street.
13. Thence South along said west right of way line an approximate distance of 158 feet to the north
right of way line of Monroe Street,
14. Thence West along said north right of way line an approximate distance of 344 feet to the east
right of way line of Main Street;
BAN Z 1 2026
H-1
Bianca I
City Clerk, South Bend, IN
15. Thence South along said east right of way line extended an approximate distance of 82.5 feet to
the south right of way line of Monroe Street:
16. Thence East along said south right of way line an approximate distance of 165 feet to the west
line of a 14-foot wide public alley;
17 Thence south along said west line an approximate distance of 204 feet to the centerline of a
vacated 14-foot wide alley shown on the recorded plat of Martins Addition to South Bend, said
plat being recorded as Instrument Number 1873011 in the Recorder's Office of St.Joseph County.
Indiana:
18 Thence East along said centerline an approximate distance of 179 feet to the west right of way
line of Michigan Street:
19. Thence North along said west right of way line an approximate distance of 72 feet to the north line
extended of Lot 9 as shown in said plat;
20 Thence East on said north line extended&said north line an approximate distance of 264 feet to
the northeast corner of said Lot 9&the west line of a 14-foot wide public alley;
21. Thence South along the west line of said public alley an approximate distance of 275 feet to the
north right of way line of South Street;
22. Thence West along said north right of way line an approximate distance of 608 feet to the east
right of way line of Main Street.
23. Thence South along said east right of way line of Main Street an approximate distance of 213 feet
to the north nght of way line of an existing railroad and the south line extended of land descnbed
in Instrument Number 2025-02331 in the Recorder's Office of St Joseph County, Indiana:
24 Thence West along said south line extended and said south line and said north right of way line
of an existing railroad an approximate distance of 524 feet to the west right of way line of Lafayette
Blvd and the southeast corner of land described in Instrument Number 2025-14294 in the
Recorders Office of St. Joseph County, Indiana;
25 Thence continuing West along said north right of way line of an existing railroad and the south
line of said land and the south line of land described in Instrument Number 2024-20965 in the
Recorder's Office of St. Joseph County, Indiana an approximate distance of 1,022 feet to the
southwest corner of said land: thence Northeast along the west line of said land an approximate
distance of 58 feet to the northwest corner of said land and the west right of way line of South
Taylor Street.
26. Thence North along said west right of way line an approximate distance of 17 feet to the southeast
corner of land described in Instrument Number 2024-19987 in the Recorder's Office of St.Joseph
County. Indiana;
27. Thence West along the south line of said land an approximate distance of 157 feet to the
southwest corner thereof;
H-2
28. Thence North along the west line of said land an approximate distance of 172 feet to the northwest
corner thereof;
29. Thence East along the north line of said land and said north line extended an approximate
distance of 225 feet to the east right of way line of Taylor Street;
30 Thence South along said east right of way line an approximate distance of 117 feet to the north
right of way line of South Street.
31 Thence East along said north right of way line an approximate distance of 1,347 feet to the west
right of way line of Main Street.
32, Thence North along said west nght of way line an approximate distance of 905 feet to the south
right of way line of Western Avenue.
33 Thence North along said west right of way line extended an approximate distance of 82.5 feet to
the point of beginning of this descnption.
H-3
Parcel List for the Downtown South Allocation Area
IDO Sub-District I Parcel ID 4 I IN Parcel!DO f 6-Address
I 1 I Downtown South I 018-3016-050003 I 71-08-12-303-022.000-026 I Vacant
2 . Downtown South ; 018-3017-0624 . 71-08-12-306-006.000-026 1 536 SMAIN ST
3 Downtown South 018-3017-0651 71.08-12-307-006,000-026 534 S MICHIGAN ST
4 Downtown South 018-3017-0650 71-08-12-307-005.000-026 530 S MICHIGAN ST
I 5 I Downtown South I 018-3017-0623 I 71.08-12.306-005.000.026 I 530 S MAIN ST `-__
6 1 Downtown South ! 018-3017-0622 1 71-08-12-306-004.000-026 ! 528 S MAIN ST
7 Downtown South 018-3043-1653 71.08-11.426-003.000-026 525 S TAYLOR ST
8 Downtown South 018-3043-1650 71.08-11.426-002.000.026 525 S TAYLOR ST --
1 9 1 Downtown South , 018-3017-0634 1 71-08-12-306-014.000-026 I 525 S MICHIGAN ST I
I 10 I Downtown South ! 018-3017-0621 1 71-08-12-306-003.000-026 I 524 S MAIN ST 1
1 r ---- —i--- 4- F--- 1
1 11 1 Downtown South ! 018-3017-0649 I 71-08-12-307-004.000-026 I 520 S MICHIGAN ST I
12 Downtown South 018-3017-0620 71-08-12.306-002.000.026 520 S MAIN ST
13 Downtown South 018.3017-0646 71-08-12-307-003.000-026 516 S MICHIGAN ST ~
I 14 I Downtown South ! 018-3017.0645 I 71-08-12-307-002.000-026 I 512 S MICHIGAN ST
I—I"1--- I- 1
I 15 I Downtown South 018-3017-0618 I 71-08-12-306-001.000-026 I 510 S MAIN
STMEDowntownSouth018-3043-165901 71-48-11-428-001.000.026 506 W SOUTH ST
leiDowntown South 018-3016-0600 71-08-12-303-019.000-026 435 5 MICHIGAN ST
18 , Downtown South 018-3016-060001 , 71.08.12.303-020 000-026 , 425 S MICHIGAN ST
t-------i------ —+--- 1- 1
1 19 1 Downtown South 018-3086-3472 1 71-08-12-326-001.000-026 1 424 S MICHIGAN ST
20 Downtown South 018-3016-060002 71-08-12-303-021 000-026 423 S MICHIGAN ST
21 Downtown South 018-3043-165902 71-08-12-308-001.000-026 310 W SOUTH 5T
22 I Downtown South 018-3017-062601 I 71-08-12-306-007.000-026 ! —.117 W SOUTH ST
1-----!------------+--- 1- 1
23 Downtown South 018-3017-0615 71-08-12-306-008.000-026 ' 114 W MONROE ST
ilsiDowntown South 018-3018-0652 71-08-12-309-001.000.026 Vacant
EsDowntown South 018-3018-0657 71-08-12-309-003.000-026 Vacant
I 26 I Downtown South ! 018-3018-0653 !. 71-08-12-309-002.000-026 I Vacant
1 27 I Downtown South I 018-3018-0658 I 71.08-12.309-004.000-026 1 Vacant
EnDowntown South 018-3018-0659 71-08-12-309-005.000-026 --_ Vacant -----
iiiDowntown South 018-3016-058601 - 71-08-12-303-002.000-026 Vacant -----
Filed in Clerk's Office
JAN 2 1 2026
H-4
Maps of the Downtown South Allocation Area
I 11111 ti I I I III I ill il I I i_.1 ]L 12 L
W WAYNE ST j
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e M
co -
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nst.
Fi ed in Clerk's Office
JAN 2 1 2026
Bianca Tirnd,)
H-5 City Clerk, South L;;:lr,!, It.'
I L_______I I II-1-°` —I rT 1 I I `l I L —
W WAYNE ST E WAYNE STfi
s 1.
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N RAN West Western a7Ave.&West R"JY Mans —
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W MONROE ST / W MONROE
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en I
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Filed in Clerk's Office
J A N 2 1 2026
H-6
EXHIBIT I
PLAN SUPPLEMENT
The Plan is further supplemented and amended to add the descriptions for the territory to
be known as(i)the"Lafayette North Allocation Area"as described at Exhibit A,(ii)the"Lafayette
South Allocation Area" as described at Exhibit B, (iii) the "Ignition Park Allocation Area" as
described at Exhibit C,(iv)the"Downtown North Allocation Area"as described at Exhibit D,(v)
the "Michigan Street Corridor Allocation Area" as described at Exhibit E, (vi) the "Studebaker
Campus Allocation Area" as described at Exhibit F, (vii) the "Riverfront West Allocation Area"
as described at Exhibit G,and(viii)the"Downtown South Allocation Area"as described at Exhibit
H.
Tax Increment Revenues from each of the Allocation Areas may be used to support all or
any portion of the development, design, construction, equipping, and improving, as the case may
be,of economic development projects that are located in or serve the respective Allocation Areas.
The Commission anticipates capturing tax increment revenues from each of the Allocation
Areas and applying such tax increment revenues to offset payments by developers on promissory
notes in connection with economic development revenue bond financings undertaken by the unit,
or to pay principal or interest on economic development revenue bonds issued by the unit to
provide incentives to a developer, in furtherance of the economic development or redevelopment
purposes of each of the Allocation Areas.
Based on representations made to the Commission, the Commission has determined that
the full development of each of the Allocation Areas with the improvements described above,will
not proceed as planned without the contribution of tax increment revenues to be derived from each
of the Allocation Areas to the projects described above.
DMS 49560081 v2
I-1
* * * * *
Ca1111c1h Lee
l'rc..:sick11l
Sit ·ila l i '/.goclski
Vire Pr ·sidc11t
Troy \Varner
Chairpcr�on, Conunillec..:
ol"th • \Vl10I •
Canneth Lee
First Dis1rir1
Ophelia Cood ·n -Rod{{e1
Sernnd DistricL
Sltaro11 I .. McBride
Third District
Troy \Varner
Fourth Dis1rir1
SI terry Bolde1 1-S11np'io11
Filih District
Sit ·ila ;--.; 1e/.goclski
"ii-.;th Di�trin
Dr. Olnw Da,·i,
At L;1rgc
Hach ·I Ton1;L� Morl{;111
.'\I Large
Karen I .. \Vhitc
, \t Large
City of South Bend
Common Council
aoo City Hall• 2l5 S. Martin I.u1her Ki11�.Jr. Bin!.
. 'outlt B ·11(1, I11di;u1a l.(i(iO I
Filed in Clerk's Office Jan 21, 2026 Bianca Tirado City Clerk. South Bend, I January 21, 2026 South Bend Common Council Attn: Council Member Gooden-Rod gers 4th Floor, County-City Building South Bend, IN 46601 RE: A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL
APPOINTING SHARON BANICKI AND KOMONIQUE THOMAS
TO THREE-YEAR TERMS AS MEMB ERS OF THE COMMUNITY
POLICE REVIEW BOARD Dear Chairperson Gooden-Rod gers: As you know, there are currently vacancies on the Community Police Review Board. This proposed resolution appoints Komonique Thomas and Sharon Banicki to three-year terms following the expiration of initial terms. Please file this proposed resolution and place it on the agenda for the Community Relations Committee meeting for January 26, 2026, and the full Council meeting later that evening. Thank you for your consideration. Sincerely yours, ?+,i?'p� Canneth Lee, President South Bend Common Council (.'i7 0 2:-l.'i-!1:121 • Fa., (.'i7 I.) 2:l.i-9 I 7:1 • TDD (.17 !) 2:·l.i-,j.i(i7 • lt11p;//1n1w.!>outl1 hcncli11 .gm·
26-04
Jan 21, 2026
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
11
Filed in Clerk's Office
City of South Bend Jan 21, 2026
Bianca TiradoCommonCouncilCityClerk, South Bend, IN
300 City Hall • 215 S.Martin Luther King,Jr.Blvd.
South Bend,Indiana 46601
January 21,2026
Canneth Lee
President South Bend Common Council
Sheila Niezgodski Attn: Council Member Gooden-Rodgers
Vice President
4th Floor,County-City Building
Troy Warner
Chairperson,Committee South Bend, IN 46601
of the Whole
RE: (Substitute)A RESOLUTION OF THE SOUTH BEND COMMON
Canneth Lee COUNCIL APPOINTING SHARON BANICKI,KOMONIQUE
First District THOMAS AND GEORGE JONES TO THREE-YEAR TERMS AS
Ophelia Gooden-Rodgers MEMBERS OF THE COMMUNITY POLICE REVIEW BOARD
Second District Dear Chairperson Gooden-Rodgers:
Sharon L.McBride
Third District As you know,there are currently vacancies on the Community Police
Review Board.This proposed resolution appoints Komonique Thomas,
Troy Warner Sharon Banicki, and George Jones to three-year terms following the
Fourth District expiration of initial terms.
Sherry Bolden-Simpson This substitute resolution is being filed to add George Jones to the list
Fifth District
of Appointees.
Sheila Niezgodski
Sixth District Please file this proposed resolution and place it on the agenda for the
Community Relations Committee meeting for January 26,2026,and the full
Dr.Oliver Davis Council meeting later that evening.
At Large
Rachel Tomas Morgan Thank you for your consideration.
At Large Sincerely yours,
Karen L.White
At Large
Canneth Lee, President
South Bend Common Council
574)235-9321• Fax(574)235-9173•TDD(574)235.5567 • http:/,/wwW.southbeudinn.gov
Filed in Clerk's Office
Jan 21, 2026
SUBSTITUTE BILL NO.26-04 Bianca Tirado
City Clerk, South Bend, IN
RESOLUTION NO.
A RESOLUTION OF THE SOUTH BEND1 COMMON
GEORGE JONES TO
SHARON BANICKI,KOMONIQUE THOA
THREE-
YEARSTERMSASMEMBERSOFTHECOMMUNITY POLICE REVIEW BOARD
WHEREAS, Section 2-12.1.13(a)(3) of the South Bend Municipal Code addressing the
Community Police Review Board provides in relevant part:Members with each MemberMemberiscompleted,the Common Councilshall appointservingathree(3)year term or term or until their successors are appointed,but for no
longer than sixty (60)days beyond the expiration of their term." and
WHEREAS, there are currently vacancies among the members of the Review Board
following the completion of initial terms.
NOW,THEREFORE,BE IT RESOLVED that the Common Council of the City of
South Bend appoints Sharon Banicki,nominated by 6th District Council Member SheilaNiezgodski, Komonique Thomas,nominated by at-large Council Member Karen White, and
George Jones,nominated by 2nd District Council Member Ophelia Gooden-Rodgers to three-year
terms as a members of the Community Police Review Board.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026, at o'clock`m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
* * * * *
Cull lL't It l.1..T
l'rc�ickill
"il1L·il;1 :\ict!.\mlskt
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ol"tltl· \\"hol1·
Cat 111cth 1.i.T
Fi r�t )) i�t rict
( >phcli;i Coodc11-l{lld!.\l'I"',
"itT<>t HI I )1\1 rict
"iharo11 I .. \lcBrtd1•
Tl1ird Di,trirt
Tro� \\"arnn
Fourth D1,trict
Slrcrr) l\olck11-"iimp,011
hl"tl1 Di,1rict
Sheila :\ 1c1g-ocl,k1
Si-.;tl r Di,1 ricl
1)1. Oli,·n Dai 1�
.\t Lll!.\L'
lbcl id l'om;L, \lor!{;111
,\1 Lrrl_\c
1-.;urn I.. \\'l111c
. \1 I �tr!.\c
City of South Bend
Common Council
iii Cm111ty-Cit • l\uildin� • '2'27 \\".Jdkr�o11 Hhcl
Soutlt Brnd. l11clia11;i HiliOI
South Bend Common Council
215 S. Dr. Martin Luther King Jr. Blvd.
Suite 300
South Bend, IN 4660 l
Filed in Clerk's Office
Jan 7, 2026
Bianca I"irado
City Clerk South Bend, l
January 7, 2026
Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, REPEALING, SUPERSEDING
AND REPLACING CHAPTER 2, ARTICLE 1, SECTION 2-10.1 BY
ESTABLISHING THE POWERS AND DUTIES OF THE
COMMON COUNCIL RULES COMMITTEE AND ELIMINATING
THE PROCESS AND PROCEDURES FOR FILING COMPLAINTS
AGAINST COUNCIL MEMBERS
Dear Council Members:
There have been calls by residents and Council members alike to
amend Chapter 2 Article 1 Section 2-10.1 of the Municipal Code regarding
written Complaints made against Council members and the manner in which
those complaints are resolved.
The current ordinance provides that the initial meeting of the Rules
Committee to discuss complaints to be in a non-public executive session.
That provision of the ordinance was enacted approximately fourteen (14)
years prior the enactment of the applicable Indiana Open Door statute which
has been interpreted by the former Public Access Counselor as requiring a
public meeting, even at the initial confidential stage of the process. Recent
public meetings of the Rules Committee demonstrated the impossibility of
complying with the confidentiality provisions of the ordinance and the
former PAC's interpretation of the Open Door law.
This led the Rules Committee to investigate how other municipalities
address Complaints against Common Council members. The results were
unexpected. The search revealed that almost no municipality has a similar
ordinance providing for Complaints to be filed, including Mishawaka,
Elkhart, Ft. Wayne, Gary, or St. Joseph County. One municipality that has a
01-26
somewhat similar complaint system also provides for confidentiality. It is not known whether
this provision has ever been challenged.
We believe that the City of South Bend should join those municipalities that do not
provide for a process of receiving and resolving complaints against elected officials. Eliminating
the formal complaint process does not leave our residents without redress. Reports of improper
conduct can be filed with the Police Department or the Prosecutor's office. Those entities are far
better equipped to investigate alleged misconduct than is the Council. Additional remedies
against elected officials are contained in Indiana state statutes. Residents, and others, will
continue to have the privilege of the floor available at Council meetings. The Rules Committee
will continue to have jurisdiction over issues of public trust. Finally, the citizens' ultimate
remedy is the ballot box.
The proliferation of frivolous, meritless, repetitive,and legally incorrect complaints,
combined with the elimination of nonpublic executive sessions for initial consideration of
complaints, has resulted in an inordinate amount of time devoted to resolving such complaints
and hinders the Rules Committee in performing its necessary duties. The current ordinance
provides no expeditious way to resolve such complaints short of a Rules Committee hearing.
This proposed amended ordinance will remedy this situation.
This ordinance repeals, supersedes and replaces Chapter 2, Article 1, section 2-10.1 in its
entirety. The amendments will eliminate frivolous, meritless, or legally incorrect complaints
which the Rules Committee is compelled to resolve under the procedure contained in the current
ordinance.
We ask that this proposed ordinance be assigned to the Rules Committee on January 12,
2026, and scheduled for second and third readings and public hearing on January 26, 2026.
Thank you for your consideration.
Sincerely yours,
1171°. 4 '&4410"----------------
Canneth Lee, First District Member Troy Warner, Fourth District Member
South Bend Common Council South Bend Common Council
qatt5( I FI+.dM IaNvik•
Rachel Tomas Morgan, At Large Member
South Bend Common Council
i
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Filed in Clerk's Office
Jan 7, 2026
BILL NO. 01-26
Bianca"I irado
City Clerk. South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,REPEALING, SUPERSEDING AND REPLACING CHAPTER 2,ARTICLE
1,SECTION 2-10.1 BY ESTABLISHING THE POWERS AND DUTIES OF THE
COMMON COUNCIL RULES COMMITTEE AND ELIMINATING THE PROCESS
AND PROCEDURES FOR FILING COMPLAINTS AGAINST COUNCIL MEMBERS
STATEMENT OF PURPOSE AND INTENT
Section 2-10.1 of the Municipal Code as currently written provides for complaints against
Common Council members to be filed by a complaining party or initiated by at least two
members of the Rules Committee without specifying who may be a complaining party.
The current ordinance also provides that the initial meeting of the Rules Committee to
discuss complaints to be in a nonpublic executive session. That provision of the ordinance was
enacted approximately fourteen(14)years prior the enactment of the applicable Indiana Open
Door statute.
The proliferation of frivolous, meritless,repetitive,and legally incorrect complaints,
combined with the elimination of nonpublic executive sessions for initial consideration of
complaints, has resulted in an inordinate amount of time devoted to resolving such complaints
and hinders the Rules Committee in performing its necessary duties. This ordinance repeals,
supersedes and replaces Chapter 2,Article 1, section 2-10.1 in its entirety.
This amendment also establishes the Rules Committee's duties in reference to the
operation of the South Bend Common Council.
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,as follows:
Section I. South Bend Municipal Code Chapter 2, Article 1, Section 2-10.1 is repealed,
superseded, and replaced in its entirety as follows:
Sec.2-10.1. Powers,duties,and procedures of the Council Rules Committee.
a) Standard of conduct generally: The Common Council recognizes that Council Members
hold their offices as a trust conferred upon them by the citizen voters of the community,and
that this public trust requires all Council Members to observe the highest standard of
conduct in carrying out their official duties.
b) Function: The Council further recognizes the Council Rules Committee's role in the
operation of the South Bend Common Council.
c) Composition: The Council Rules Committee referred to hereinafter as "committee" shall
consist of not less than three(3) members, of whom there shall be a reflection of the
political composition of the Council. However,the remaining odd-numbered member shall
be the President of the Common Council.
d) Vacancies: A vacancy on the Rules Committee due to cause shall be filled for the unexpired
term in the same manner as the original appointment.
e) Officers and staff The committee shall elect from its membership a Chairperson and a
Vice-Chairperson who shall each be selected for one-year terms. The City Clerk or a
designee of said office shall serve as the custodian of its records and minutes. The City
Attorney's Office and the Council Attorneys may furnish legal assistance to the committee,
and the committee,within the limits of its budgetary appropriation may be authorized to
employ or engage the services of such other personnel on a limited basis as it deems
necessary for the purposes for which it was created.
f) Duties: The Rules Committee in addition to such other duties as may be prescribed to it
by this Code, shall consider and report on all ordinances,resolutions and other matters
concerning the operation of the South Bend Common Council, including but not limited to,the
subcommittee on Council minutes, standard operating procedures, issues of public trust and
any other matter properly referred to the Committee by the Council President.
Section II. Severability.
If any part, section, subsection,paragraph, sentence, clause, or phrase of this ordinance is for
any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section III. Effective Date.
This ordinance shall be in full force and effect immediately from and after its passage by the
Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
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 day of 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
City of South Bend
BOARD OF ZONING APPEALS
January 15, 2026
Honorable Dr. Oliver Davis
3rd Floor, City Hall
South Bend, IN 46601
RE: Special Exception at 1114 Mayflower Road
Dear Committee Chair Dr. Davis:
Filed in Clerk' Office
Jan 16, 2026 !3ianca I 1radoCity Clerk. South Bend, IN Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location.
Please include the attached Ordinance on the Council agenda for first reading at your January 26.
20261 Council meeting and set it for public hearing at your February 9, 2026, Council meeting. The
petition is tentatively scheduled for public hearing at the February 2, 2026, South Bend Board of
Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning
Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the
public hearing.
The petitioner provided the following to describe the proposed project:
A Special Exception to allow for a Day Care Center.
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing. Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
�� Brian Killen
Zoning Administrator
CC: Bob Palmer
City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627
02-26
Filed in Clerk's Office
Jan 16, 2026
BILL NO.02-26
Bianca Tirado
City Clerk. South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1114 MAYFLOWER ROADCOUNCILMANICDISTRICTNO. 6 IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
Request Special Exception to permit use as a Day Care Center
NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5- 5,
requesting that a Special Exception be granted for property located at:
1114 Mayflower Road
In order to permit a Day Care Center
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a
copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety,comfort,community
moral standards,convenience,or general welfare;
2. The proposed use will not injure or adversely affect the use of adjacent area of property
values therein;
3. The proposed use will be consistent with the character of the district in which it is
located, and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan;
SECTION IV.Approval is subject to the Petitioner complying with the reasonable
conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
SECTION V. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at—o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
2 -
227 W. Jefferson - Suite 1400S
City of South Bend South Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information Po_ u I „n,
Tax Key Number:
018-8136-4989
Address: 1114 S Mayflower Road, South Bend IN 46619
Owner: Rhedi Management Inc
Zoning: S1 Suburban Neighborhood 1
Project Summary:
The property housed a Daycare Program since January 2012. As the new owners of thepropertywewanttoreopenthelocationtoserveasaDaycareprogramforarearesidents.
Requested Action
Special Exception/ Use Variance — complete and attach Criteria for Decisionu Making
Use requested:.Ea4 ck i LJ (4fcf
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
We are requesting authorization for the existing building to be used as an
Daycare Center by licensed providers.
Required Documents
Completed Application (including Criteria for Decision Making and Contact Information)
Site Plan drawn to scale
Filing Fee
Criteria for Decision Making
Special Exception -if applicable
A Special Exception may only be granted upon making a written determination, based upon the
evidence presented at a public hearing. Please address how the project meets the following criteria.
1)The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare, because:
The proposed daycare center will not be injurious to the public health, safety,comfort, community moral standards, convenience, or general welfare
because it is designed to serve as a supportive and enriching environment for
young children and their families. The center will adhere to all applicablehealthandsafetyregulations, including those governing sanitation, fire
safety, and building accessibility. Licensed educators and caregivers will
provide age-appropriate instruction and care in alignment with state
standards. Additionally. the center will promote family engagement,
strengthen community ties, and offer an essential service that contributes to
the overall well-being and development of children in the area.
2)The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The proposed daycare center will not injure or adversely affect the use of theadjacentareaorpropertyvaluesthereinbecauseitisalow-impact,
community-serving use that complements surrounding residential and
institutional properties. The center will maintain a clean, safe, andwell-landscaped facility that enhances the aesthetic of the neighborhood and
adheres to all zoning and design requirements. Increased daytime activity at
the site is expected to promote neighborhood safety and vitality without
generating significant noise, traffic, or environmental concerns. Additionally, a
3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein, because:
The proposed daycare center will be consistent with the character of thedistrictinwhichitislocatedandthelandusesauthorizedthereinbecause it
aligns with the district's intended purpose to support family-oriented,
educational, and community-serving uses. The center will operate during
standard daytime hours, maintain a welcoming and orderly presence, and
contribute to the social infrastructure of the neighborhood. Its design and
operation will reflect the scale and aesthetic of nearby properties, ensuring it
integrates seamlessly with surrounding land uses while fulfilling a vital need.
4)The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The proposed daycare center is compatible with the recommendations of the
Comprehensive Plan because it supports key priorities such as expanding
access to quality education, strengthening neighborhoods, and promoting
equitable community development. The center will help meet the growing
demand for early learning opportunities, particularly in underserved areas,
and contribute to long-term goals around workforce readiness and family
support.
Criteria for Decision Making
Variance(s) -if applicable
State statutes and the Zoning Ordinance require that certain standards must be met before avariancecanbeapproved. Please address how the project meets the following criteria:
1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community, because:
2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner, because:
3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
4) The variance granted is the minimum necessary, because:
5) The variance does not correct a hardship caused by a former or current owner of
the property, because:
Contact Information
Property owner(s) of the petition site:
Name: Rhedi Management Inc
Address: 12720 Jefferson Blvd
Mishawaka IN 46545
Name: Rhondy Grandison
Address: 12720 Jefferson Blvd
Mishawaka IN 46545
Name: Edith Grandison
Address:
12720 Jefferson Blvd
Mishawaka IN 46545
Contact Person:
Name: David Turner
Address: 50771 Hollyhock Road
South Bend IN 46637
Phone Number:
301) 908-5521
davidfturner@gmail.com
E-mail:
By signing this petition, the Petitioner/Property Owners of the above described RealEstateacknowledgetheyareresponsibleforunderstandingandcomplyingwiththe
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Propert Owner (s) Signatures.
City of South Bend
BOARD OF ZONING APPEALS
January 15, 2026
Honorable Dr. Oliver Davis
3rd Floor, City Hall
South Bend, IN 46601
RE: Special Exception at 1307 Corby Blvd.
Dear Committee Chair Dr. Davis:
Filed in Clerk's Office
Jan 16, 2026
Bianca fira<lo City Clerk. outh Bend, I
Enclosed is an Ordinance for the proposed Special Exception at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your January 26,
2026, Council meeting and set it for public hearing at your February 9, 2026, Council meeting. The
petition is tentatively scheduled for public hearing at the February 2, 2026, South Bend Board of
Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning
Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the
public hearing.
The petitioner provided the following to describe the proposed project:
A Special Exception to allow for the use of a duplex.
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing. Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
�� Brian Killen
Zoning Administrator
CC: Bob Palmer
City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 / 574-235-7627
03-26
Filed in Clerk's Office
Jan 16, 2026
BILL NO.03-26 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1307 CORBY BOULEVARD
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow a two-unit dwelling
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5- 5,
requesting that a Special Exception be granted for property located at:
1307 Corby Boulevard
In order to permit a two-unit dwelling.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a
copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety,comfort,community
moral standards,convenience,or general welfare;
2. The proposed use will not injure or adversely affect the use of adjacent area of property
values therein;
3. The proposed use will be consistent with the character of the district in which it is
located,and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
SECTION V. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the mayor,and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at_o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
2 -
City of South Bend
227 W. Jefferson - Suite 1400S
y South Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information
Tax Key Number: 018-5093- 3299
Address: 1307 Corby Blvd, South Bend, IN 46617
Owner: Helen Price-Outlaw and Douglas K Outlaw
Zoning: U1 Urban Neighborhood 1
Project Summary:
Owner is seeking approval to build a two family dwelling. The style will be consistent with the
scale and character of the surrounding neighborhood.
Requested Action
0 Special Exception/ Use Variance — complete and attach Criteria for Decision Making
Use requested:Two family dwelling
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
Q Completed Application (including Criteria for Decision Making and Contact Information)
E Site Plan drawn to scale
0 Filing Fee
Criteria for Decision Making
Special Exception - if applicable
A Special Exception may only be granted upon making a written determination, based upon the
evidence presented at a public hearing. Please address how the project meets the following criteria.
1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare, because:
The proposed two unit dwelling will be constructed in a manner that is
consistent with the surrounding area. The new two unit dwelling will
eliminate a current house that is in disrepair and vacant, thus increasing
safety and improving the overall general welfare.
2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The proposed two unit dwelling will not injure or adversely affect the use of
the adjacent area or property values because it is in keeping with the
residential feel of the surrounding neighborhood, while offering gentle density
on a currently underutilized parcel.
3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein, because:
The two unit dwelling will match the scale and character of the surrounding
residential neighborhood. The architectural style of the two unit dwelling will
be consistent with the neighborood and will complement the existing housing
stock.
4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The proposed use is consistent with the Comprehensive Plan because it
follows objective H1.1: encourage residential developments to contain a mix
of housing types, densities, price ranges, and amenities.
Criteria for Decision Making
Variance(s) - if applicable
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. Please address how the project meets the following criteria:
1)The approval will not be injurious to the public health, safety, morals and general
welfare of the community, because:
2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner, because:
3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
4)The variance granted is the minimum necessary, because:
5) The variance does not correct a hardship caused by a former or current owner of
the property, because:
Contact Information
Property owner(s) of the petition site:
Name: Helen Price-Outlaw
Address: 2214 S. Jacana Ct
Gilbert, Az. 85295
Name: Douglas K Outlaw
Address: 2214 S. Jacana Ct
Gilbert, Az 85295
Name:
Address:
Contact Person:
Name: Elissa Gunsorek
Address: 7821 Morse Rd
New Albany, OH 43054
Phone Number:
513-225-3421
E-mail:
egunsorek@eco-gv.com
By signing this petition, the Petitioner/Property Owners of the above described Real
Estate acknowledge they are responsible for understanding and complying with the
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Property Owner (s) Signatures:
LOCATION MAP T OWNER PROJECT INFORMATION
ECO IN Investments LLC New Two-Family Dwellingy4
pi , 7821 Morse Road g
W
a 4__ _ New Albany, Ohio 43054
1307 Corby Blvd. .
PROJECT DESCRIPTION:
ifs THIS PROJECT CONSISTS OF THE CONSTRUCTION OFANEW
South Bend, Indiana 46617
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City of South Bend
BOARD OF ZONING APPEALS
January 15, 2026
Honorable Dr. Oliver Davis
3rd Floor, City Hall
South Bend, IN 46601
RE: Special Exception at 1301 Corby Boulevard
Dear Committee Chair Dr. Davis:
Filed in Clerk's Office
Jan 16, 2026
Bianca TiradoCity !erk. SouU1 Bend, I
Enclosed is an Ordinance for the proposed Special Exception at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your January 26,
2026, Council meeting and set it for public hearing at your February 9, 2026, Council meeting. The
petition is tentatively scheduled for public hearing at the February 2, 2026, South Bend Board of
Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning
Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the
public hearing.
The petitioner provided the following to describe the proposed project:
A Special Exception to allow for the use of a duplex.
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing. Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
�� Brian Killen
Zoning Administrator
CC: Bob Palmer
City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627
04-26
Filed in Clerk's Office
Jan 16, 2026
BILL NO. 04-26 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1301
DISTRICT N0.4 IN THE CITY OF SOUTH BEND,INDIANAY
COUNCILMANIC
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow a two-unit dwelling
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
1301 Corby Boulevard
In order to permit a two-unit dwelling.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a
copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health,safety,comfort,community
moral standards,convenience,or general welfare;
2. The proposed use will not injure or adversely affect the use of adjacent area of property
values therein;
3. The proposed use will be consistent with the character of the district in which it is
located, and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan;
SECTION IV.Approval is subject to the Petitioner complying with the reasonable
conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
SECTION V. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at_o'clock
m.
James Mueller,Mayor
City of South Bend, Indiana
2 -
227 W. Jefferson - Suite 14005
City of South Bend South Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information
Tax Key Number: 018- 5093-3297
Address: 1301 Corby Blvd, South Bend, IN 46617
Owner: Elissa Gunsorek
Zoning: U1 Urban Neighborhood 1
Project Summary:
Owner is seeking approval to build a two family dwelling. The style will be consistent with the
scale and character of the surrounding neighborhood.
Requested Action
Special Exception/ Use Variance— complete and attach Criteria for Decision Making
Use requested:Two family dwelling
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
Completed Application (including Criteria for Decision Making and Contact Information)
0 Site Plan drawn to scale
0 Filing Fee
Criteria for Decision Making
Special Exception - if applicable
A Special Exception may only be granted upon making a written determination, based upon theevidencepresentedatapublichearing. Please address how the project meets the following criteria.
1)The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare, because:
The proposed two unit dwelling will be constructed in a manner that isconsistentwiththesurroundingarea. The new two unit dwelling willeliminateacurrenthousethatisindisrepairandvacant, thus increasing
safety and improving the overall general welfare.
2)The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The proposed two unit dwelling will not injure or adversely affect the use oftheadjacentareaorpropertyvaluesbecauseitisinkeepingwiththeresidentialfeelofthesurroundingneighborhood, while offering gentle density
on a currently underutilized parcel.
3)The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein, because:
The two unit dwelling will match the scale and character of the surrounding
residential neighborhood. The architectural style of the two unit dwelling willbeconsistentwiththeneighboroodandwillcomplementtheexistinghousing
stock.
4)The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The proposed use is consistent with the Comprehensive Plan because it
follows objective H1.1: encourage residential developments to contain a mix
of housing types, densities, price ranges, and amenities.
Criteria for Decision Making
Variance(s) - if applicable
State statutes and the
P easeng O 'nance require that certain stanards
address how the project meets the following citerstbemetba:fore a
variance can be approved.
1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community, because:
2)The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner, because:
3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
4) The variance granted is the minimum necessary, because:
5)The variance does not correct a hardship caused by a former or current owner of
the property, because:
Contact Information
Property owner(s) of the petition site:
Name: Elissa Gunsorek
Address: 7821 Morse Rd
New Albany, OH 43054
Name:
Address:
Name:
Address:
Contact Person:
Name: Elissa Gunsorek
Address: 7821 Morse Rd
New Albany, OH 43054
Phone Number:
513-225-3421
egunsorek@eco-gv.com
E-mail:
By signing this petition, the Petitioner/Property Owners of the above described RealEstateacknowledgetheyareresponsibleforunderstandingandcomplyingwiththe
South Bend Zoning Ordinance and any other ordinance governing the property.Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Property Owner (s) Signatures:
PROJECT INFORMATION
LOCATION MAP OWNER:
ECO IN Investments LLC New Two-Family Dwelling 51
7821 Morse Road li
Ate` ° r4'
8'` New Albany, Ohio 43054
t m 1301 Corby Blvd. z=
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PRELIMINARY REVIEW A2.3
Filed in Clerk's Office
Jan 21, 2026 Bianca Tirado City Clerk, outh lJend, r
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
January 21st, 2026
Councilmember Canneth Lee
President
South Bend Common Council
County-City Building, 4th Floor
South Bend, Indiana 4660 l
Councilmember Troy Warner
Chairperson
Community Investment Committee
South Bend Common Council
County-City Building, 4th Floor
South Bend, Indiana 4660 I
RE: Ordinance No. 05-26 -An Ordinance of the Common Council of the
City of South Bend, Indiana, Authorizing the City to Issue One or More
Series of its Taxable Economic Development Tax Increment Revenue
Bonds and Approving and Authorizing Other Actions in Respect
Thereto in Connection With the Colfax Corner ML, LLC Project
Dear President Lee and Councilmember Warner,
Please find attached Ordinance No. 05-26 for first reading, which has been filed for
the Conunon Council's consideration pursuant to Section 16 of Indiana Code 36-7-14.
On December 18, 2025, the South Bend Redevelopment Commission approved and
adopted a resolution that would amend the River West Development Area for the
purpose of establishing a number of new allocation areas to support the
redevelopment of property in the downtown area. These new allocation areas will be
established prior to the establishment of a new Innovation Development District
(IDD), which will capture incremental state sales and income tax within the district.
Indiana Code 36-7-14 also requires that the South Bend Plan Commission approve the
resolution adopted by the Redevelopment Commission. The Plan Commission is
considering its resolution on January 26, 2026.
Should the Common Council approve this ordinance, the issuance of these taxable
economic development tax increment revenue bonds will support a transforrnative
1400 COUNTY-CITY BUILDING· 227 W. JEFFERSO BOULEVARD· So rn BEND, !NOLANA 46601
PHONE 574/235-5898 • FAX 574/235-9892 • TTY 574/235-5567
05-26
154 million redevelopment project(the Colfax Corner project) led by Ancora and
the University of Notre Dame. The developer will demolish the existing Main Street
Row building and redevelop the former South Bend Tribune building into a 202,000
square foot innovation campus.
The full development of the area with these improvements would not proceed as
planned without the contribution of tax increment revenues to be derived from theallocationareatotheproject. The City would have no payment obligations with
regard to the bonds other than a portion of the new tax increment revenues generated
by the Colfax Corner project, and the developer guarantees debt service payments for
the City-issued bonds.
Should you approve this ordinance, we would anticipate closing on the bonds later
this spring.
Sincerely,
Caleb Bauer
Executive Director
Department of Community Investment
CC: South Bend Redevelopment Commission
South Bend Plan Commission
Colfax Corner ML, LLC
Sandra Kennedy, Corporation Counsel
Filed in Clerk's Office
Jan 21, 2026
BILL NO. 05-26 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE
CITY TO ISSUE ONE OR MORE SERIES OF ITS TAXABLE
ECONOMIC DEVELOPMENT REVENUE BONDS AND
APPROVING AND AUTHORIZING OTHER ACTIONS IN
RESPECT THERETO IN CONNECTION WITH THE
COLFAX CORNER ML,LLC PROJECT
STATEMENT OF PURPOSE AND INTENT
Indiana Code 36-7-11.9 and 12, as amended from time to time (collectively, the "Act"),
declares that the financing and refinancing of economic development facilities constitutes a public
purpose.
Pursuant to the Act, the City of South Bend, Indiana (the "City") is authorized to issue
revenue bonds for the purpose of financing, reimbursing or refinancing the costs of acquisition,
construction,renovation,installation and equipping of economic development facilities in order to
foster diversification of economic development and creation or retention of opportunities for
gainful employment in or near the City.
The South Bend Redevelopment Commission (the "Redevelopment Commission"), the
governing body of the South Bend Department of Redevelopment and the Redevelopment District
of the City (the "District"), exists and operates under the provisions of Indiana Code 36-7-14, as
amended from time to time(the"Redevelopment Act").
The Redevelopment Commission has previously declared an area within the City as an
economic development area and known as the "River West Development Area" (the"Area")and
designated portions of the Area as allocation areas in accordance with Section 39 of the
Redevelopment Act for the purposes of capturing ad valorem property taxes levied and collected
on all taxable real property from the incremental assessed value in such Area.
The City,the Redevelopment Commission and Colfax Corner ML,LLC(the"Developer"),
have entered into an Economic Development Agreement, dated as of December 18, 2025 (the
Development Agreement"),whereby the Developer has agreed that the Developer will undertake
the acquisition, development, construction, equipping, renovation, and/or reconstruction of space
in the former South Bend Tribune building, along with new construction of an adjacent building
along Main and Colfax in the City to include approximately 202,000 rentable square feet of flexible
workspace and ground-floor retail, as more fully described in the Development Agreement (the
Project").
The Redevelopment Commission on December 18, 2025, approved and adopted itsResolutionNo. 3661 for the purpose of making certain amendments to the Area and its plan todesignateanarea,presently part of the Area, as a separate allocation area pursuant to Section 39
of the Redevelopment Act to be known as the "Lafayette North Allocation Area" (the "Lafayette
North Allocation Area")for purposes of capturing ad valorem property taxes levied and collectedNorth
on all taxable real property from the incremental
evenues, thessed value"LafayetteocatedNorth 1Allocat
Lafayette
on Area TIF
Allocation Area (such tax increment
Revenues").
Prior to the issuance of the Bonds (as hereinafter defined), the City and the Indiana
Economic Development Corporation (the "IEDC") expect to enter into an agreement (the "IDD
Agreement") that establishes an innovation development district within the City in accordance
with Indiana Code 36-7-32.5, as amended from time to time (the "IDD Act"), to be known as the
South Bend Downtown IDD"(the"South Bend IDD").
The IDD Agreement will provide for the capturing of funds referred to as"net increment,"as defined in Section 8 of the IDD Act, generated by business activity within the South Bend IDD
the "State IDD Funds"), which
accordance with Sections 18 and
nds will be deposited in a 119 oD fund
f the IDDtActished by the
inIEDCfortheSouthBendIDD
The Developer has consulted with the City, the South Bend Economic Development
Commission (the "Economic Development Commission") and the Redevelopment Commission
concerning the Project, and has requested that the City authorize and issue its taxable economicdevelopmentrevenuebondsundertheAct, to be designated as the"City of South Bend, Indiana,Taxable Economic Development Revenue Bonds, Series 2026(Colfax Corner ML,LLC Project)"with such further series,different series,or one or more subseries designation as determined to be
necessary or appropriate) (the "Bonds"), a portion of the net proceeds of such Bonds to be used
for the purpose of financing, refinancing or reimbursing a portion of the costs of the Project,capitalized interest on the Bonds, if necessary, a debt service reserve fund from proceeds of theBondsorthecostofareservesurety,if necessary, and costs relating to the issuance of the Bonds.
Prior to the issuance of the Bonds,the Redevelopment Commission will pledge the portion
of the Lafayette North Allocation Area TIF Revenues derived from the parcels comprising theProjectSite (as defined in the Development Agreement) to the payment of debt service on the
Bonds (the"Project TIF Revenues").
Prior to the issuance of the Bonds,pursuant to the terms of the IDD Agreement,the IEDC
will take such actions and enter into such agreements necessary to pledge or otherwise obligatetheStateIDDFundsattributabletotheProjecttothepaymentofdebtserviceontheBonds (the
Project IDD Revenues").
The Economic Development Commission has rendered a report concerning the proposed
financing or refinancing of economic development facilities for the Developer.
Following a public hearing,pursuant to Section 24 of the Act,the Economic DevelopmentCommissionfoundthatthefinancing, refinancing or reimbursing of a portion of the costs of theProjectcomplieswiththepurposesandprovisionsoftheActandthateachsuchfinancing,
2
refinancing or reimbursement of such costs will be of benefit to the health and public welfare of
the City.
The Economic Development Commission has considered whether the financing of the
Project will have an adverse competitive effect or impact on any similar facility or facility of the
same kind already constructed or operating in the corporate boundaries of the City.
Pursuant to and in accordance with the Act, the City desires to provide funds necessary to
finance, refinance or reimburse a portion of the costs of the Project by issuing the Bonds.
The Act provides that such Bonds may be secured by a trust indenture between an issuer
and a corporate trustee.
The City intends to issue the Bonds consistent with the terms of this Ordinance, and
pursuant to a Trust Indenture for the Bonds, to be dated as of the first day of the month in which
the Bonds are issued (the "Indenture"), by and between the City and a corporate trustee to be
selected by the City,in order to secure funds necessary to provide for the financing,refinancing or
reimbursing of a portion of the costs of the Project in accordance with the terms of a Financing
and Loan Agreement with the Developer,to be dated as of the first day of the month in which the
Bonds are issued (the "Financing Agreement"),by and between the City and the Developer with
respect to the use (or deemed use)of the proceeds of the Bonds and the completion of the Project.
No member of the Common Council of the City (the "Common Council") has any
pecuniary interest in any employment, financing agreement or other contract made under theprovisionsoftheActandrelatedtotheBondsauthorizedherein,which pecuniary interest has notbeenfullydisclosedtotheCommonCouncil, and no such member has voted on any such matter,
all in accordance with the provisions of Section 16 of the Act.
The forms of the Bonds, the Indenture and the Financing Agreement (collectively, the
Financing Documents"),and a form of this proposed Ordinance were submitted to,and approved
by,the Economic Development Commission,which documents were incorporated by reference in
the resolution heretofore adopted by the Economic Development Commission, which resolution
has been transmitted to the Common Council in accordance with the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Findings;Public Benefits. It is hereby found that the financing,refinancing
or reimbursing of a portion of the costs of the economic development facilities constituting the
Project referred to in the Financing Documents previously approved by the Economic
Development Commission and presented to this Common Council, the issuance and sale of the
Bonds,the use(or deemed use)of a portion of the proceeds of the Bonds by the Developer for the
financing, refinancing or reimbursing of a portion of the costs of the Project, the payment of the
Bonds from the Project TIF Revenues, the Project IDD Revenues, and other sources pursuant to
the Financing Documents, and the securing of the Bonds under the Indenture comply with the
purposes and provisions of the Act and will be of benefit to the health, prosperity, economic
stability and general welfare of the City and its citizens.
3
SECTION II. Approval of Financing. At the public hearing held before the Economic
Development Commission, the Economic Development Commission considered whether the
Project would have an adverse competitive effect on any similar facilities located in or near the
City. This Common Council hereby confirms the findings set forth in the Economic Development
Commission's resolution and concludes that the Project and the financing, refinancing or
reimbursing of a portion of the costs of the Project will be of benefit to the health, prosperity,
economic stability,and general welfare of the citizens of the City.
SECTION III. Copies of Financing Documents on File. The substantially final
forms of the Financing Documents shall be incorporated herein by reference and shall be inserted
in the minutes of the Common Council and kept on file by the Clerk of the City(the"Clerk"). In
accordance with the provisions of Indiana Code 36-1-5-4, two (2) copies of the Financing
Documents are on file in the office of the Clerk for public inspection.
SECTION IV. Authorization of the Bonds: Terms of the Bonds. The City shall
issue the Bonds in one(1)or more series in the maximum aggregate principal amount not to exceed
Thirty Million Eight Hundred Thousand Dollars($30,800,000),which Bonds shall mature not later
than thirty (30) years from the date of the issuance of the Bonds, and shall bear interest at a per
annum rate not exceeding eight percent (8.0%)per annum. The Bonds may be issued on a draw
basis. Principal of and interest on the Bonds shall be payable on February 1 and August 1 of each
year(or on such other dates as selected by the Controller of the City prior to the sale of the BondsbasedupontheadviceofthemunicipaladvisortotheCity), beginning not sooner than August 1,
2026. The Bonds may be issued as serial bonds and/or term bonds subject to mandatory sinking
fund redemption. The Bonds may be subject to optional redemption prior to maturity and subject
to redemption as otherwise provided in the Financing Documents. The Bonds shall be issued in
minimum denominations of One Hundred Thousand Dollars ($100,000)and integral multiples of
One Thousand Dollars ($1,000) in excess thereof. The Bonds are to be issued for the purpose of
procuring funds to (a) pay all or a portion of the cost of acquisition, development, construction,equipping,renovation,and/or reconstruction,as the case may be,of the Project,(b)pay capitalizedinterestontheBondsforaperiodnottoexceedone (1) year following project completion (if
necessary), (c) fund a debt service reserve fund (if necessary) or the costs of a reserve surety (if
necessary), and(d)pay all costs relating to the issuance of the Bonds. The Bonds shall be lettered
and numbered R-1 upward. The Bonds shall be special and limited obligations of the City,payable
solely from the trust estate created and established under the Indenture(the"Trust Estate"),which
Trust Estate shall consist of the funds and accounts created under the Indenture together with a
pledge by the Redevelopment Commission of the Project TIF Revenues, subject to the terms andconditionsofapledgeagreementbetweentheRedevelopmentCommissionandtheCity(the"TIF
Pledge Agreement"),a pledge by the IEDC of the Project IDD Revenues,subject to the terms and
conditions of one or more agreements between the IEDC and the City to pledge or otherwise
obligate the Project IDD Revenues (collectively, the "IDD Pledge Agreement"), and from such
other sources pursuant to the final forms of the Financing Documents, and upon such terms and
conditions as otherwise provided in the Financing Documents and this Ordinance. The Bonds and
the interest thereon do not and shall never constitute an indebtedness of, or charge against the
general credit of, or taxing power of the City, but shall be special and limited obligations of the
City,payable solely from the sources as described in the Financing Documents.
4
The Mayor of the City(the"Mayor")and the Clerk(the"Clerk")are hereby authorized to
approve with the advice of counsel, a Bond Purchase Agreement (the "Bond Purchase
Agreement")with the Developer or the Developer's designee in a form and substance acceptable
to the Mayor and the Clerk to provide for the initial sale of all or a portion of the Bonds. The
Mayor and the Clerk are hereby authorized and directed to execute and deliver the Bond PurchaseAgreementinaformandsubstanceacceptabletothemandconsistentwiththetermsandconditionssetforthinthisOrdinance, with such acceptance of the form and substance thereof to
be conclusively evidenced by their execution thereof.
SECTION V. Execution and Delivery of Financing Documents. Each of the Mayor and
the Clerk and any other officer of the City are authorized and directed to execute the FinancingDocuments, in such forms as are on file with the Clerk with such changes therein as shall be
approved by the Mayor and the Clerk,with execution of those documents by the appropriate officerorrepresentativeoftheCityconstitutingconclusiveevidenceofsuchapprovalofanysuchchanges, such other documents approved or authorized herein and any other document which maybenecessary, appropriate or desirable to consummate the transaction contemplated by theFinancingDocuments, the Bond Purchase Agreement, and this Ordinance, and their execution is
hereby confirmed on behalf of the City. The signatures of the Mayor, the Clerk and any other
officer of the City on the Bonds which may be necessary or desirable to consummate thetransaction, and their execution is hereby confirmed on behalf of the City. The signatures of the
Mayor, the Clerk and any other officer of the City on the Bonds may be facsimile signatures or
electronic signatures. The Mayor, the Clerk and any other officer of the City are authorized to
arrange for the delivery of such Bonds to the purchaser thereof, payment for which will be made
in the manner set forth in the Financing Documents. The Mayor, the Clerk and any other officeroftheCitymay, by their execution of the Financing Documents requiring their signatures andimprintingoftheirfacsimilesignaturesthereon,approve any and all such changes therein and alsointhoseFinancingDocumentswhichdonotrequirethesignatureoftheMayor, the Clerk or anyotherofficeroftheCityandinanyotherdocumentscontemplatedtobeexecutedorapprovedby
the City in connection with the issuance of the Bonds or effecting the purposes of this OrdinancewithoutfurtherapprovalofthisCommonCouncilortheEconomicDevelopmentCommissionifsuchchangesdonotaffecttermssetforthinSections27(a)(1)through and including(a)(10)of the
Act.
SECTION VI. Binding Effect. The provisions of this Ordinance and the Financing
Documents securing the Bonds of any series or subseries shall constitute a contract bindingbetweentheCityandtheholdersoftheBondsofsuchseriesorsubseries, and after the issuanceoftheBonds, this Ordinance shall not be repealed or amended in any respect which would
adversely affect the rights of such holders so long as the Bonds or the interest thereon remains
unpaid.
SECTION VII.Findings Relating to Project. The Common Council hereby finds
that (a) the Project and the related financing assistance for the Project provided in the Financing
Documents are consistent with the economic development plan for the Area and the Lafayette
North Allocation Area; (b) the Developer would not undertake the Project without the financing
assistance provided in Financing Documents; and (c) the Project furthers the economic
development of the Lafayette North Allocation Area and the Area generally.
5
SECTION VIII. pledge of Project TIF Revenues. This Common Council does
hereby acknowledge and approve the pledge of the Project TIF Revenues to the payment of theBondspursuanttotheIndenture. Pursuant to Indiana Code 5-1-14-4,the pledge of the Project TIF
Revenues pursuant to the Indenture is intended to be binding frothe ithe City
me the
t ledggeim is maatde,
with such Project TIF Revenues so pledged and thereafter receivedbysubjecttothelienofthepledgewithoutanyfurtheract, and the lien of such pledge to be bindingagainstallpartieshavingclaimsofanykind, in tort, contract, or otherwise against the City,
regardless of whether the parties have notice of any such lien.
SECTION IX. Pledge of Project IDD Revenues. This Common Council does
hereby acknowledge and approve the pledge of e ProjectCodeD5D1Revenues
to the
14-4, the pledge of the Project
ent of the
Bonds pursuant to the Indenture. Pursuant to Indianais
IDD Revenues pursuant to the Indenture is intended and thereafter received by the Cityedtobebindingfromthetimethedtoe
be
made, with such Project IDD Revenues so pled$immediately subject to the lien of the pledge without any further act, and the lien of such pledge
to be binding against all parties having claims notce of any suchr lien.
ccontract, or otherwise against
the City,regardless of whether the parties
SECTION X.No Liability. No stipulation, obligation or agreement herein contained or
contained in the Financing Documents,the Bonds or in
obligation or greeagreement of anyyotheragreementordocumentememberxecuted
on behalf of the City shall be deemed to be a stipulation,al
of the Common Council, or any officer, ag or ee of the City in
officer, agent ohls
or her
employee xha 1 be
capacity, and no such member of the Common Council,personally liable on the Bonds or be subject to personal liability or accountability by reason of the
issuance thereof.
SECTION XI. Severability. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity orunenforceabilityofsuchsection, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION XII.Op en Meetings. It is hereby determined that all formal actions of
the Common Council relating to the adoption of this Ordinance were taken in one or more openmeetingsoftheCommonCouncil, that all deliberations of the Common Council and of itscommittees, if any,which resulted in formal action, were in meetings open to the public, and thatallsuchmeetingswereconvened, held and conducted in compliance with applicable legal
requirements, including Indiana Code 5-14-1.5, as amended.
SECTION XIII. Further Authorizations. The Mayor, the Clerk, the Controller of
the City and any other officer of the City are hereby authorized and directed, in the name annddotnbehalfoftheCity, to execute, attest and deliver such further instruments and documents,take such further actions, in the name of the City as in their judgment shall be necessary or
advisable in order fully to consummate
ents
the transactions
heretofore executed and deliescribedhereinverededandanysdcarryouthe
uck aeons
ses
of this Ordinance,and any such
heretofore taken,be,and hereby are, ratified and approved.
6
SECTION XIV. Ratification of Actions. All acts of the officers of the City which
the
are in conformity with the purpose anecudtent ofdeliverysanddperance
andformancen
the
of the ocnmentsnce
f
and
issuance of the Bonds and the execution,agreements authorized hereby are in all respects ratified, approved and confirmed.
SECTION XV.No Conflict. Any ordinances,resolutions or orders or parts thereof
in conflict with this Ordinance are to the extent of such conflict hereby repealed.
SECTION XVI. Effectiveness. This Ordinance shall be in full force and effect upon
adoption and compliance with Indiana Code 36-4-6.
Signature Page Follows]
7
Duly passed and adopted on this day of 2026 by the Common
Council of the City of South Bend, Indiana.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
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 day of 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
8
DMS 50270740
9
NOTE: Not for execution as this time. This document is the form of the Financing and Loan Agreement that
will be used in connection with the issuance of economic development revenue bonds for the entity described
herein,with such changes in form or substance as may be authorized by the officers of the City executing the
same. All dates and blanks will be filled in and the Financing and Loan Agreement will be completed prior to
execution thereof following the sale of such bonds.
FINANCING AND LOAN AGREEMENT
between
CITY OF SOUTH BEND, INDIANA
and
COLFAX CORNER ML, LLC
CITY OF SOUTH BEND, INDIANA,
TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2026
COLFAX CORNER ML, LLC PROJECT)
Dated
as of
1,2026
Filed in Clerk's Office
JAN 2 1 2026
Bianca Tirado
City Clerk, South Bend, IN
FINANCING AND LOAN AGREEMENT
This FINANCING AND LOAN AGREEMENT made and entered into as of
1, 2026 (the "Agreement"), by and between the City of South Bend, Indiana, a
municipal corporation and political subdivision existing under the laws of the State of Indiana(the
City"), and Colfax Corner ML, LLC, an Indiana limited liability company (the "Company"),
under the following circumstances summarized in the following recitals(the capitalized terms not
defined in the recitals are as defined in Article I hereof):
A. Indiana Code, Title 36, Article 7, Chapters 11.9 and 12, as supplemented
and amended(collectively,the"Act"),authorizes and empowers the City to issue bonds and make
loans to provide funding for economic development projects and facilities and vests the City with
powers that may be necessary to enable it to accomplish such purposes.
B. The Company has proposed undertaking an economic development project
in the City consisting of the acquisition, development, construction, equipping,renovation,and/or
reconstruction of space in the former South Bend Tribune building, along with new construction
of an adjacent building along Main and Colfax in the City to include approximately 202,000
rentable square feet of flexible workspace and ground-floor retail (the"Project").
C. In conjunction with undertaking the Project, the Company has requested
certain economic development incentives from the City consisting of the issuance of its Taxable
Economic Development Revenue Bonds, Series 2026 (Colfax Corner ML, LLC Project) in the
aggregate principal amount of$ the "Bonds") and the loan of a portion of the
proceeds thereof to the Company to finance a portion of the costs of the Project.
C. The City believes that developing the Project as described herein is in the
best interests of the health, safety and welfare of the City and its residents and complies with the
public purposes and provisions of the Act, and based upon the information presented to the City
by the Company, the City has determined that the Project constitutes an economic development
project and an economic development facility as defined by the Act.
E. The City desires to facilitate the development of the Project by issuing the
Bonds and making a loan to the Company from the proceeds of the Bonds(the"Loan").
F. The Bonds will be issued under the Indenture (as hereinafter defined) and
will be payable from (i)the TIF Revenues(as defined in the Indenture), (ii)the IDD Revenues(as
defined in the Indenture), (iii) the Taxpayer Direct Payments (as defined in the Indenture) made
by the Company, and(iv)to the extent the foregoing sources are not sufficient,the Loan Payments
as hereinafter defined).
G. The parties hereto agree that it is of mutual benefit for the parties hereto to
enter into this Agreement relating to the Project and the Loan that will include the commitments
of each of the parties.
H. The City, the South Bend Redevelopment Commission and the Company
entered into an Economic Development Agreement dated as of December 18, 2025 (the
Development Agreement"),pursuant to which the parties agreed to their respective commitments
with respect to the development of the Project.
NOW, THEREFORE, in consideration of the premises and the mutual
representations and agreements hereinafter contained,the City and the Company agree as follows:
ARTICLE I.
DEFINITIONS
Use of Defined Terms. In addition to the words and terms defined elsewhere in this
Agreement or by reference to another document,the words and terms set forth in Section 1.2 hereof
shall have the meanings set forth therein unless the context or use clearly indicates another
meaning or intent. Capitalized terms used in this Agreement not otherwise defined herein or by
references to another document shall have the meanings provided for such terms in the Indenture.
Such definitions shall be equally applicable to both the singular and plural forms of any of the
words and terms defined therein.
Section 1.2. Definitions. As used herein:
Act" means, collectively, Indiana Code 36-7-11.9 and 36-7-12, as enacted and
amended.
Agreement" means this Financing and Loan Agreement as amended or
supplemented from time to time.
Bondholder"or"owner of a Bond"or any similar term means the owner of a Bond.
Bonds"means the City's Taxable Economic Development Revenue Bonds, Series
2026 (Colfax Corner ML, LLC Project), issued in the original aggregate principal amount of
for the purpose of(i)paying a portion of the costs of the Project and(ii)paying costs
related to the issuance thereof.
City"means the City of South Bend,Indiana,a municipal corporation and political
subdivision existing under the laws of the State of Indiana.
Common Council"means the Common Council of the City.
Company"means Colfax Corner ML, LLC, an Indiana limited liability company,
and its lawful successors and assigns to the extent permitted by this Agreement.
Completion Date" means the date of completion of the Project evidenced in
accordance with the requirements of Section 4.3 hereof.
Designated Representative" means or the person at the time
designated to act on behalf of the Company by written certificate furnished to the City, containing
the specimen signature of that person and signed on behalf of the Company by a duly authorized
officer. That certificate may designate an alternate or alternates. In the event that all persons so
designated become unavailable or unable to act and the Company fails to designate a replacement
within 10 days after such unavailability or inability to act, the City may appoint an interim
Designated Representative until such time as the Company designates that person.
Event of Default" means any of the events described as an Event of Default in
Section 6.1 hereof. v QfiiceFiledinClcr . .
2 -
JAN L 1 2U26
BianSo th Bend, IN
City Clerk,
Indenture"means the Trust Indenture,dated as of 1,2026, between
the City and the Trustee.
Legislative Authority"means the Common Council of the City.
Loan" means the loan of the proceeds of the Bonds by the City to the Company
pursuant to the terms of this Agreement.
Maturity Date"shall have the meaning set forth in Section 5.2 of this Agreement.
Notice Address"means:
As to the City: City of South Bend, Indiana
215 S. Dr. Martin Luther King Jr. Blvd, Suite 500
South Bend, IN 46601
Attn: Executive Director, South Bend Department
of Community Investment
Email: cbauer@southbendin.gov
With a copy to: South Bend Legal Department
215 S. Dr. Martin Luther King Jr. Blvd, Suite 600
South Bend, IN 46601
Attn: Corporation Counsel
Email: legaldept@southbendin.gov
As to the Company: Colfax Corner ML, LLC
Attn.: Tom Sardelli, Vice President Development
204 Main Building
Notre Dame, IN 46556
Email: tardelli@ancora.re
With a copy to: University of Notre Dame du Lac
415 Main Building
Notre Dame, Indiana 46556
Attention: Richard Bellis,rbellis@nd.edu
Steve Condrin, scondrin@nd.edu
As to the Trustee:
or such additional or different address, notice of which is given under Section 8.9 hereof.
Ordinance" means Ordinance No. of the Common Council of the City
adopted on 2026, authorizing the issuance of the Bonds and the making of the Loan.
3 -
Person" or words importing persons mean firms, associations, partnerships
including without limitation, general and limited partnerships), limited liability companies,joint
ventures, societies,estates,trusts,corporations,public or governmental bodies,other legal entities
and natural persons.
Project"means the acquisition,development,construction,equipping,renovation,
and/or reconstruction of space in the former South Bend Tribune building, along with new
construction of an adjacent building along Main and Colfax in the City to include approximately
202,000 rentable square feet of flexible workspace and ground-floor retail located in the Lafayette
North Allocation Area (as defined in the Indenture) established by the Redevelopment
Commission.
Redevelopment Commission" means the South Bend Redevelopment
Commission.
State"means the State of Indiana.
Target Completion Date" means January 1, 2029, subject to Section 8.8 of this
Agreement.
Taxpayer Agreement" means the Taxpayer Agreement, dated as of
1, 2026, among the Redevelopment Commission,the City and the Company.
Trustee" means acting as trustee
pursuant to the Indenture.
Interpretation. Any reference herein to the City, to the Legislative Authority or to any
member or officer of the City includes entities or officials succeeding to their respective functions,
duties or responsibilities pursuant to or by operation of law or lawfully performing their functions.
Any reference to a section or provision of the Constitution of the State or the Act,
or to a section, provision or chapter of the Indiana Code or to any statute of the United States of
America, includes that section, provision or chapter or statute as amended, modified, revised,
supplemented or superseded from time to time; provided, that no amendment, modification,
revision, supplement or superseding section, provision or chapter or statute shall be applicable
solely by reason of this provision, if it constitutes in any way an impairment of the rights or
obligations of the City or the Company under this Agreement.
Unless the context indicates otherwise, words importing the singular number
include the plural number, and vice versa; the terms "hereof", "hereby", "herein", "hereto",
hereunder"and similar terms refer to this Agreement; and the term "hereafter"means after, and
the term "heretofore" means before, the date of the Loan. Words of any gender include the
correlative words of the other genders, unless the sense indicates otherwise.
Captions and Headings. The captions and headings in this Agreement are solely for
convenience of reference and in no way define,limit or describe the scope or intent of any Articles,
Sections, subsections, paragraphs, subparagraphs or clauses hereof.
End of Article I)
4 -
ARTICLE II.
REPRESENTATIONS; USE OF BOND PROCEEDS
Section 2.1. Representations of the City. The City represents and warrants that:
a) The City is a municipal corporation organized and existing under the laws
of the State. Under the provisions of the Act, the City is authorized to enter into the
transactions contemplated by this Agreement and to carry out its obligations hereunder. The
City has been duly authorized to execute and deliver this Agreement. The City agrees that
it will do or cause to be done all things within its control and necessary to preserve and keep
in full force and effect its existence.
b) Subject to the terms of this Agreement, the City agrees to issue the Bonds
and make the Loan to the Company in the amount of not to exceed$ to pay
a portion of the costs associated with the acquisition,construction,equipping and improving
of the Project to create or retain employment opportunities in the City and to benefit the
health, safety, morals and general welfare of the citizens of the City and the State.
Representations and Covenants of the Company. The Company represents and warrants
that:
a) It is a limited liability company validly existing under the laws of and
authorized to do business in the State, is not in violation of any laws in any manner material
to its ability to perform its obligations under this Agreement, and has full power to enter
into and by proper action has duly authorized the execution and delivery of this Agreement.
b) The Project is of the type authorized and permitted by the Act. The
Company assents to the deposit and disposition of the proceeds of the Bonds in the manner
specified in the Indenture.
c) The provision of financial assistance to be made available to it under this
Agreement from the proceeds of the Loan and the commitments therefor made by the City
have induced the Company to undertake the Project and such Project will create and/or
retain jobs and employment opportunities within the boundaries of the City. Further, the
Company intends to operate the Project, as economic development facilities under the Act,
until the expiration or earlier termination of this Agreement.
d) Neither the execution and delivery of this Agreement,the consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance with the terms
and conditions of this Agreement, conflicts with or results in a breach of the terms,
conditions or provisions of the Company's Articles of Organization or any restriction or any
agreement or instrument to which the Company is now a party or by which it is bound or to
which any of its property or assets is subject or of any statute, order, rule or regulation of
any court or governmental agency or body having jurisdiction over the Company or its
property, or constitutes a default under any of the foregoing, or results in the creation or
imposition of any lien,charge or encumbrance whatsoever upon any of the property or assets
of the Company under the terms of any instrument or agreement, except as set forth in this
Agreement or in such manner as will not materially impair the ability of the Company to
perform its obligations hereunder.
Filed in Clerk's 0Mce
JAN 2 1 2026
5 -
Bianca Tirado
City Clerk, South Bend, IN
e) The aggregate authorized face amount of the Loan authorized hereunder
shall not exceed the aggregate principal amount of the Bonds.
f) The Company shall use commercially reasonable efforts to invest not less
than $154,000,000 in the Project by not later than January 1, 2029, subject to the
Unavoidable Delay provisions of Section 8.8 hereof. The Company shall apply all of the
proceeds of the Loan toward the costs of the Project and shall finance all remaining costs of
the Project from other available funds of the Company, including but not limited to
construction financing.
g) No portion of the proceeds of the Loan will be used to provide any private
or commercial golf course, country club, massage parlor, tennis club, skating facility
including roller skating, skateboard and ice skating), racquet sports facility(including any
handball or racquetball court), hot tub facility, suntan facility, racetrack, airplane, skybox
or other private luxury box,health club facility,facility primarily used for gambling or store,
the principal business of which is the sale of alcoholic beverages for off premises
consumption.
h) No litigation at law or in equity nor any proceeding before any
governmental agency or other tribunal involving the Company is pending or, to the
knowledge of the Company threatened, in which any liability of the Company is not
adequately covered by insurance and in which any judgment or order would have a material
and adverse effect upon the business or assets of the Company or would materially and
adversely affect the Project, the validity of this Agreement or the performance of the
Company's obligations thereunder or the transactions contemplated hereby.
i) Neither the execution and delivery of this Agreement,the consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance with the terms
and conditions of this Agreement, conflicts with or results in a breach of the terms,
conditions or provisions of the Company's Articles of Organization, Bylaws or other
organizational document, as the case may be, or any restriction or any agreement or
instrument to which the Company is now a party or by which it is bound or to which any of
its property or assets is subject or(except in such manner as will not materially impair the
ability of the Company to perform its obligations hereunder) of any statute, order, rule or
regulation of any court or governmental agency or body having jurisdiction over the
Company or its property, or constitutes a default under any of the foregoing, or results in
the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the
property or assets of the Company under the terms of any instrument or agreement, except
as may be set forth in this Agreement and the Indenture.
j) There are no actions, suits or proceedings pending, or,to the knowledge of
the Company, threatened, before any court, administrative agency or arbitrator which,
individually or in the aggregate,might result in any material adverse change in the financial
condition of the Company or might impair the ability of the Company to perform its
obligations under the Development Agreement or this Agreement.
k) The execution and delivery by the Company of the Development
Agreement or this Agreement does not require the consent or approval of, the giving of
6-
notice to, the registration with, or the taking of any other action in respect of, any federal,
state or other governmental authority or agency, not previously obtained or performed.
1) This Agreement has been duly executed and delivered by Company and
constitutes the legal, valid and binding agreement of Company, enforceable against
Company in accordance with its terms,except as may be limited by bankruptcy, insolvency
or other similar laws affecting the enforcement of creditors' rights in general. The
enforceability of this Agreement is subject to general principles of equity (regardless of
whether such enforceability is considered in a proceeding at law or in equity).
m) No event has occurred and is continuing which with the lapse of time or the
giving of notice would constitute an event of default by the Company under the
Development Agreement or this Agreement.
n) The Company reaffirms its representations and covenants made in the
Development Agreement.
o) All representations, warranties and covenants and any obligations of
Company in this Agreement shall expire upon repayment of the Bonds.
End of Article II)
7-
ARTICLE III.
PARTICULAR COVENANTS OF THE CITY AND COMPANY
Consent to Assignments to Trustee. The Company acknowledges and consents to
the pledge and assignment of the City's rights hereunder to the Trustee pursuant to the Indenture
and agrees that the Trustee may enforce the rights, remedies and privileges granted to the City
hereunder, other than the rights of the City to execute and deliver supplements and amendments
to this Agreement pursuant to Section 8.3 hereof and in addition to the rights retained by the City
pursuant to Section 6.1(c)hereof as well as those rights granted to the City under Section 3.5 hereof
and Section 6.5 of the Indenture. The Company hereby acknowledges receipt of a copy of the
Indenture and agrees to be bound by the provisions thereof directly or indirectly related to it.
a) Payment of Principal and Interest; Payment of TIF Revenues.
a) In accordance with the Indenture, the Bonds are payable solely and only from (i)
proceeds of the Bonds through and including 1, 202_(ii) the TIF Revenues, (iii)
the IDD Revenues, (iv) the Taxpayer Direct Payments, and (v) to the extent such sources are
insufficient, from the repayment of the Loan made hereunder to the Company. The Company
covenants to repay the Loan in amounts sufficient to pay all debt service due on the Bonds plus
Annual Fees due under the Indenture(the"Loan Payments"),to the extent that TIF Revenues,IDD
Revenues and Taxpayer Direct Payments are insufficient for such purposes.
b) Pursuant to Section 4.2 of the Indenture, the City shall transfer on or before each
January 5 and July 5 of each year, commencing 5, 202_, the TIF Revenues, the IDD
Revenues, the Taxpayer Direct Payments and any Loan Payments made hereunder to the Bond
Fund under the Indenture, but no more than shall be necessary for the payment of the principal of
and interest on the Bonds due on the immediately succeeding February 1 or August 1 of each year
taking into consideration any amounts currently deposited therein or deemed deposited pursuant
to Section 2.1(b)hereof),together with Annual Fees coming due within the next six months.
Maintenance of Existence. The Company agrees that it will maintain its existence as an Indiana
limited liability company and will not dissolve or otherwise dispose of all or substantially all of its
assets, and will not consolidate with or merge into another entity, or permit one or more other
entities to consolidate or merge with it without the prior written consent of the Requisite
Bondholders.
Event of Default;Notice;Termination. The Company agrees to perform all material obligations
required by this Agreement and the Development Agreement to be performed by Company and to
comply with all provisions of this Agreement and the Development Agreement applicable to the
Company, in each case to the extent that a failure to so perform or comply is expressly provided
to be an "Event of Default"by the Company or,with the passage of time or the giving of notice,
or both,would constitute an"Event of Default"on the part of the Company under this Agreement
or the Development Agreement. Upon an Event of Default, the City shall provide the Company
with notice of such Event of Default and the Company shall have thirty (30) days to cure such
Event of Default. Should the Company fail to remedy an Event of Default that is satisfactory to
the City, the City may take such action as provided within the Indenture or the Development
Agreement.
Filed in Clerk's Office
JAN Z 1 2026
8 - Bianca Tirado
City Clerk,South Bend, IN
Indemnity The Company will pay, and protect, indemnify and save the City (including
members, directors, officials, officers, agents, attorneys and employees thereof),the Bondholders
and the Trustee harmless from and against, all liabilities, losses, damages, costs, expenses
including attorneys' fees and expenses of the City and the Trustee),causes of action,suits,claims,
demands and judgments of any nature arising from or relating to:
a) Violation by the Company of any agreement or condition of this Agreement;
b) Violation of any contract, agreement or restriction by the Company relating to the
Projects, or a part thereof;
c) Violation of any law, ordinance or regulation by the Company in connection with
the Projects, or a part thereof;
d) Any act, failure to act or material misrepresentation by the Company,or any of the
Company's agents, contractors, servants, employees or licensees; and
e) The provision of any information or certification furnished by the Company to the
Bondholders in connection with the issuance and sale of the Bonds or the Project which is
materially misleading or false.
In case any action or proceeding is brought against the City in respect of which indemnity
may be sought hereunder, the City promptly shall give notice of that action or proceeding to the
Company, and the Company upon receipt of that notice shall have the obligation and the right to
assume the defense of the action or proceeding;provided,that failure of the City to give that notice
shall not relieve the Company from any of its obligations under this Section unless that failure
prejudices the defense of the action or proceeding by the Company. At its own expense, the City
may employ separate counsel and participate in the defense. The Company shall not be liable for
any settlement made without its consent.
The Company hereby further agrees to indemnify and hold harmless the Trustee from and
against any and all costs, claims, liabilities, losses or damages whatsoever (including reasonable
costs and fees of counsel,auditors or other experts),asserted or arising out of or in connection with
the acceptance or administration of the trusts established pursuant to the Indenture, except costs,
claims, liabilities, losses or damages resulting from the gross negligence or willful misconduct of
the Trustee, including the reasonable costs and expenses (including the reasonable fees and
expenses of its counsel) of defending itself against any such claim or liability in connection with
its exercise or performance of any of its duties hereunder and of enforcing this indemnification
provision. The indemnifications set forth herein shall survive the termination of the Indenture
and/or the resignation or removal of the Trustee for so long as the Bonds are outstanding.
The indemnification set forth above is intended to and shall include the indemnification of
all affected officials, directors, officers and employees of the City, the Common Council, the
Economic Development Commission and the Redevelopment Commission. That indemnification
is intended to and shall be enforceable by the City to the full extent permitted by law.
The foregoing shall not be construed to prohibit the Company from pursuing its remedies
against either the City or the Trustee for damages to the Company resulting from personal injury
9 -
or property damage caused by the intentional misrepresentation or willful misconduct of either the
City or the Trustee.
Payment of Bond Issuance Costs of Bonds, Other Fees and Expenses. The Company hereby
covenants and agrees to pay all Issuance Costs(as defined in the Development Agreement), all of
which are obligations of the Company.
Other Amounts Payable by the Company. The Company covenants and agrees to pay the
following,to the extent that such expenses are not included in the Bonds:
a) All reasonable fees, charges and expenses, including agent and counsel fees and
expenses, of the Trustee incurred under the Indenture, as and when the same become due to the
extent TIF Revenues and IDD Revenues are not available.
b) An amount sufficient to reimburse the City for all expenses reasonably incurred by
the City under this Agreement and in connection with the performance of its obligations under this
Agreement or the Indenture.
c) All reasonable expenses incurred in connection with the enforcement of any rights
under this Agreement, the Development Agreement or the Indenture by the City, the Trustee or
the Bondholders.
d) All other payments of whatever nature which the Company has agreed to pay or
assume under the provisions of this Agreement or the Development Agreement.
End of Article III)
10 -
ARTICLE IV.
COMPLETION OF THE PROJECT
Acquisition, Construction, Equipping and Improving of Project. It is understood that
improvements made for the Project are that of the Company and any contracts made by the
Company with respect thereto shall acquire, construct, equip and improve the Project. The
Company shall use commercially reasonable efforts to construct the Project with all reasonable
dispatch and to complete the Project by no later than the Target Completion Date in accordance
with the Development Agreement and shall pay when due all fees, costs and expenses incurred in
connection with that acquisition, construction, equipment, and improvement from funds made
available therefor. It is further understood that any contracts made by the Company with respect
to the Project,whether construction contracts or otherwise,or any work to be done by the Company
on the Project are made or done by the Company on its own behalf and not as agent or contractor
for the City.
Use of Bond Proceeds for Project. The City shall cause to be deposited all proceeds from
the sale of the Bonds in the manner specified in Article III of the Indenture, and the City shall
cause to be maintained such proceeds and funds in the manner specified in Article IV of the
Indenture. Under the Indenture, the Trustee, on behalf of the City, is authorized and will be
directed from time to time to make payments from the Project Fund to pay for Project Costs
approved by the City, or to reimburse the Company for any Project Costs approved by the City,
with any such disbursements to be made in accordance with the terms and conditions of the
Indenture, this Agreement, and the Development Agreement. The Company shall submit
disbursement requests substantially in the form at Exhibit A of the Indenture to the City, and the
City agrees to direct such requisitions to the Trustee as may be necessary to effect payments out
of the Project Fund for costs of the Project approved by the City, all in accordance with Section
4.3(a) of the Indenture, this Agreement and any such terms or conditions set forth in the
Development Agreement. Any moneys remaining in the Project Fund after completion of the
Project shall be transferred and applied in the manner provided in Section 4.3 of the Indenture.
The Company hereby acknowledges receipt of a copy of the Indenture.
Completion Date. The Company shall notify the City and the Trustee of the Completion
Date by a certificate signed by the Designated Representative stating:
a) the date on which the Project is substantially completed, which shall be
evidenced by the issuance of a certificate of occupancy by the City,if the City provides such
certificates of occupancy,
b) that all other facilities necessary in connection with the Project have been
acquired, constructed, equipped and improved, and
c) that the acquisition, construction, equipment and improvement of the
Project and those other facilities have been accomplished in such a manner as to conform
with all applicable zoning, planning, building, environmental and other similar
governmental regulations.
Filed in Clerk's Office
JAN 2 1 2026
11 - Bianca Tirade
City Clerk, South Bend, IN
The certificate shall be delivered as promptly as practicable after the occurrence of
the events and conditions referred to in subsections (a) through (c) of this Section (the date of
delivery of such certificate being,the"Completion Date").
End of Article IV)
12 -
ARTICLE V.
FORGIVENESS
Section 5.1. Loan Forgiveness. To the extent that the TIF Revenues, IDD
Revenues and/or the Taxpayer Direct Payments are sufficient to pay the Loan Payments when due
through final maturity of the Bonds and the Company performs and observes all obligations under
this Agreement throughout the term of the Bonds, the Loan will be deemed to be forgiven on the
Maturity Date; otherwise, notwithstanding anything contained herein, the Company remains
obligated to make such payments as required by Section 3.2(a) hereof.
End of Article V)
Filed in Clerk's Office
JAN 2 1 2026
Bianca Tirade
City Clerk, South Bend, IN
13 -
ARTICLE VI.
EVENTS OF DEFAULT AND REMEDIES
Section 6.1. Events of Default
a) Each of the following events is hereby declared an"event of default,"that is to say,
if:
i) Failure of the Company to pay any amount payable on the Loan pursuant to
Section 3.2 hereof when the same is due and payable; or
ii) Failure of the Company to perform any non-payment related covenant,
condition or provision hereof and to remedy such default within 30 days after written notice
thereof from the Trustee to the Company; provided that, if the failure is of such a nature
that it cannot be remedied within 30 days, despite reasonably diligent efforts,then the 30-
day period shall be extended as reasonably may be necessary for the Company to remedy
the failure, so long as the Company: (A)commences to remedy the failure within the 30-
day period; and(B) diligently pursues such remedy to completion; or
iii) Any event of default as defined in the Development Agreement shall occur
and be continuing; or
iv) An event of default occurs under the Taxpayer Agreement and is
continuing.
b) During the occurrence and continuance of any Event of Default hereunder, the
Trustee, as assignee of the City pursuant to the Indenture, and in addition to the rights retained by
the City as provided in Section 6.1(c) hereof, on behalf of any unpaid Bondholders shall have the
rights and remedies hereinafter set forth, in addition to any other remedies herein or by law
provided. The Trustee, personally or by attorney, may in its discretion, proceed to protect and
enforce its rights by a suit or suits in equity or at law, whether for damages or for the specific
performance of any covenant or agreement contained in this Agreement or in aid of the execution
of any power herein granted, or for the enforcement of any other appropriate legal or equitable
remedy, as the Trustee shall deem most effectual to protect and enforce any of its rights or duties
hereunder. If after any Event of Default occurs and prior to the Trustee exercising any of the
remedies provided in this Agreement, the Company will have completely cured such Event of
Default, and shall have provided the Trustee with evidence thereof to the reasonable satisfaction
of the Trustee,then in every case such Event of Default will be waived,rescinded and annulled by
the Trustee by written notice given to the Company.No such waiver, annulment or rescission will
affect any subsequent default or impair any right or remedy consequent thereon.
c) Notwithstanding anything herein to the contrary, during the occurrence and
continuance of an Event of Default by the Company the City may in its discretion, proceed to
protect and enforce its rights under this Agreement by a suit or suits in equity or at law, whether
for damages or for the specific performance, including the recovery of reasonable attorney's fees.
Remedies Cumulative. No remedy herein conferred upon or reserved to the Trustee
or City is intended to be exclusive of any other remedy or remedies, and each and every such
Filed in Clerk's Office
JAN 2 1 2026
14 -
Bianca Tirado
City Clerk, South Bond, IN
remedy shall be cumulative,and shall be in addition to every other remedy given hereunder or now
or hereafter existing at law or in equity or by statute.
Delay or Omission Not a Waiver. No delay or omission of the Trustee or City to
exercise any right or power accruing upon any Event of Default shall impair any such right or
power,or shall be construed to be a waiver of any such Event of Default or an acquiescence therein;
and every power and remedy given by this Agreement to the Trustee and City may be exercised
from time to time and as often as may be deemed expedient by the Trustee or City,as the case may
be.
End of Article VI)
15 -
ARTICLE VII.
IMMUNITY
Extent of Covenants of City; No Personal Liability. No recourse shall be had for the
payment of the principal of or interest on any of the Bonds or for any claim based thereon or upon
any obligation, covenant or agreement contained in the Bonds, the Indenture, the Development
Agreement or this Agreement against any past, present or future member, director, officer, agent,
attorney or employee of the City, or any incorporator,member,director, officer, employee, agent,
attorney or trustee of any successor thereto, as such, either directly or through the City or any
successor thereto, under any rule of law or equity, statute or constitution or by the enforcement of
any assessment or penalty or otherwise, and all such liability of any such incorporator, member,
director, officer, employee, agent, attorney or trustee as such is hereby expressly waived and
released as a condition of and consideration for the execution of the Indenture and this Agreement
and any other agreement entered into by the City with respect thereto) and the issuance of the
Bonds.
Liability of City. Any and all obligations of the City under this Agreement are special,
limited obligations of the City, payable solely out of the TIF Revenues, the IDD Revenues, the
Taxpayer Direct Payments and any Loan Payments made hereunder and as otherwise provided
under the Indenture. The obligations of the City hereunder shall not be deemed to constitute an
indebtedness or an obligation of the City,the State or any political subdivision or taxing authority
thereof within the purview of any constitution limitation or provision, or a pledge of the faith and
credit or a charge against the credit or general taxing powers, if any, of the City, the State or any
political subdivision or taxing authority thereof.
End of Article VII)
Filed in Clerk's Office
JAN 2 1 2026
Bianca Tirado
16 -City Clerk, South Bend, IN
ARTICLE VIII.
MISCELLANEOUS
Extent of Covenants of the City; No Personal Liability. All covenants, obligations and
agreements of the City contained in this Agreement shall be effective to the extent authorized and
permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a
covenant, obligation or agreement of any present or future member, officer, agent or employee of
the City or the Legislative Authority in other than his or her official capacity, and neither the
members of the Legislative Authority nor any official of the City shall be subject to any personal
liability or accountability by reason of the covenants, obligations or agreements of the City
contained in this Agreement.
Binding Effect. This Agreement shall inure to the benefit of and shall be binding in
accordance with its terms upon the City, the Company and their respective permitted successors
and assigns. This Agreement may be enforced only by the parties,their assignees and others who
may, by law, stand in their respective places.
Amendments and Supplements. Subject to the provisions of Article X of the Indenture,
the Borrower and the Issuer may from time to time enter into such supplements and amendments
to this Agreement as to them may seem necessary or desirable to effectuate the purposes or intent
hereof.
Execution Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original and all of which shall constitute but one and the
same instrument.
Severability. If any provision of this Agreement, or any covenant,obligation or agreement
contained herein is determined by a court to be invalid or unenforceable, that determination shall
not affect any other provision,covenant,obligation or agreement,each of which shall be construed
and enforced as if the invalid or unenforceable portion were not contained herein. That invalidity
or unenforceability shall not affect any valid and enforceable application thereof, and each such
provision, covenant, obligation or agreement shall be deemed to be effective, operative, made,
entered into or taken in the manner and to the full extent permitted by law.
Successors and Assigns. Whenever in this Agreement any of the parties hereto is named
or referred to, the successors and assigns of such party shall be deemed to be included and all the
covenants,promises and agreements in this Agreement contained by or on behalf of the Company,
or by or on behalf of the City, shall bind and inure to the benefit of the respective successors and
assigns, whether so expressed or not. The Company may assign its interest in this Agreement to
any affiliate of the Company without the prior approval of the City and the Company may further
mortgage and assign all of the Company's interest in this Agreement to secure mortgage loans or
other indebtedness incurred by the Company with respect to the acquisition, construction,
equipping and improvement of the Project. The Company may additionally assign this Agreement
in conjunction with a sale of the Project in accordance with the terms and conditions of the
Development Agreement. The Company may not otherwise assign its interest in this Agreement
without obtaining the prior written approval of the City and the Requisite Bondholders.
Notwithstanding any such assignment, the Company shall not be released from any liability or
obligations hereunder. The City may not assign is interest in this Agreement to any other person
or entity without obtaining the prior approval of the Company.
Filed in Clerk's Office
17_ JAN 2 1 2026
Bianca Tirade
City Clerk, South Bend, IN
Governing Law. It is the intention of the parties hereto that this Agreement and the rights
and obligations of the parties hereunder shall be governed by and construed and enforced in
accordance with,the laws of Indiana.
Unavoidable Delay. In the event that the Company shall be delayed, hindered in or
prevented from the performance of any act required under this Agreement by reason of strikes,
lock-outs, labor troubles, inability to procure materials which could not have been reasonably
anticipated and avoided by the Company, failure of power to the Project for reason other than acts
of the Company or any person or party acting by, through or under the Company, restrictive
governmental laws or regulations, act of God, fire, earthquake, flood, explosion,terrorism, action
of the elements, war (declared or undeclared), police action, invasion, insurrection, riot, mob
violence, sabotage, health pandemic or epidemic, the act, failure to act or default of the City, or
other causes beyond the Company's reasonable control (other than financial reasons), then
performance of such act shall be extended for a period necessitated by such delay.
Addresses for Notice and Demands. All notices, demands, certificates or other
communications hereunder shall be sufficiently given when received or your first refusal thereof
and mailed by certified mail, postage prepaid, or sent by nationally recognized overnight courier
and addressed to the appropriate Notice Address (provided, however, notices, demands,
certificates or other communications to the Trustee shall be effective upon receipt by the Trustee).
The City, the Company and the Trustee may, by written notice given by each to the others,
designate any address or addresses to which notices, demands, certificates or other
communications to them shall be sent when required as contemplated by this Agreement.
All notices, approvals, consents, requests and any communications to the Trustee
hereunder must be in writing in English and must be in the form of a document that is signed
manually or by way of an electronic signature (including electronic images of handwritten
signatures and digital signatures provided by DocuSign, Orbit,Adobe Sign or any other electronic
signature provider acceptable to the Trustee). Electronic signatures believed by the Trustee to
comply with the ESIGN ACT of 2000 or other applicable law shall be deemed original signatures
for all purposes. If the City or the Company chooses to use electronic signatures to sign documents
delivered to the Trustee,the City or the Company,as applicable,agrees to assume all risks arising
out of its use of electronic signatures, including without limitation the risk of the Trustee acting on
an unauthorized document and the risk of interception or misuse by third parties.Notwithstanding
the foregoing, the Trustee may in any instance and in its sole discretion require that an original
document bearing a manual signature be delivered to the Trustee in lieu of, or in addition to, any
document signed via electronic signature.
Section 8.10. Counterparts. This Agreement is being executed in any number of
counterparts, each of which is an original and all of which are identical. Each counterpart of this
Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed
but one instrument.
End of Article VIII)
18 -
SIGNATURE PAGE TO FINANCING AND LOAN AGREEMENT
IN WITNESS WHEREOF,the City and the Company have caused this Agreement
to be duly executed in their respective names, all as of the date hereinbefore written.
City:
CITY OF SOUTH BEND, INDIANA
By:
James Mueller, Mayor
ATTEST:
Bianca L. Tirado, Clerk
Company:
COLFAX CORNER ML, LLC
Authorized Representative
DMS 50416633
Filed in Clerk's Office
JAN Z 1 2026
City Clerk, SOiU bend, IN
NOTE: Not for execution as this time. This document is the form of the Trust Indenture related to the below-
referenced bonds that will be used in connection with the issuance of such bonds,with such changes in form or
substance as may be authorized by the officers of the City executing the same. All dates and blanks will be
filled in and the Trust Indenture will be completed prior to execution thereof following the sale of such bonds.
TRUST INDENTURE
BETWEEN
CITY OF SOUTH BEND, INDIANA
AND
as Trustee
CITY OF SOUTH BEND, INDIANA,
TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2026
COLFAX CORNER ML,LLC PROJECT)
Dated as of 1,2026
Filed in Clerk's Office
JAN [ 1 2026
Bianca 1 irrj)
City Clerk, South bond, IN
Table of Contents
ARTICLE I. DEFINITIONS 4
Section 1.1.Terms Defined 4
Section 1.2.Rules of Interpretation 7
Section 1.3.Exhibits 8
ARTICLE II. THE BONDS 9
Section 2.1.Authorized Amount of Bonds 9
Section 2.2.Issuance of the Bonds 9
Section 2.3.Payment on the Bonds 9
Section 2.4.Execution: Limited Obligation 10
Section 2.5.Authentication 10
Section 2.6.Form of the Bonds 10
Section 2.7.Delivery of Bonds 15
Section 2.8.Mutilated, Lost, Stolen or Destroyed Bonds 16
Section 2.9.Registration and Exchange of Bonds: Persons Treated as
Owners 16
Section 2.10. Reserved 16
ARTICLE III. APPLICATION OF THE BOND PROCEEDS 17
Section 3.1.Deposit of Bond Funds 17
Section 3.2.Capitalized Interest 17
ARTICLE IV. REVENUE AND FUNDS 18
Section 4.1.Source of Payment of the Bonds 18
Section 4.2.Bond Fund 18
Section 4.3.Project Fund 19
Section 4.4.Deposit of TIF Revenues. 20
Section 4.5.Trust Funds 20
Section 4.6.Investment 20
ARTICLE V. REDEMPTION OF BONDS BEFORE MATURITY 21
Section 5.1.Redemption Dates and Prices 21
Section 5.2.Notice of Redemption 21
Section 5.3.Cancellation 21
Section 5.4.Redemption Payments 21
Section 5.5.Partial Redemption of Bonds 22
ARTICLE VI. GENERAL COVENANTS 23
Section 6.1.Payment of Principal and Interest 23
Section 6.2.Performance of Covenants 23
Section 6.3.Filing of Indenture and Security Instruments 23
Section 6.4.List of Bondholders 24
Section 6.5.Rights Under Loan Agreement 24
Section 6.6.Investment of Funds 24
Section 6.7.Non-presentment of Bonds 25
Filed in Clerk's Office
i M JAN [ 1 2026
Bianca Tira'ic,
City Clerk, South Bend, IN
Section 6.8.Ownership; Instruments of Further Assurance 25
Section 6.9.Rights Under Loan Agreement 26
ARTICLE VII. DEFAULTS AND REMEDIES 27
Section 7.1.Events of Default 27
Section 7.2.Acceleration. 27
Section 7.3.Remedies: Rights of Bondholders 27
Section 7.4.Right of Bondholders to Direct Proceedings 28
Section 7.5.Application of Moneys 28
Section 7.6.Remedies Vested In Trustee 29
Section 7.7.Rights and Remedies of Bondholders 29
Section 7.8.Termination of Proceedings 30
Section 7.9.Waivers of Events of Default 30
ARTICLE VIII. THE TRUSTEE 31
Section 8.1.Acceptance of the Trusts 31
Section 8.2.Fees, Charges and Expenses of the Trustee and Paying Agent 33
Section 8.3.Notice to Bondholders if Default Occurs 33
Section 8.4.Intervention by Trustee 33
Section 8.5.Successor Trustee 34
Section 8.6.Resignation by the Trustee 34
Section 8.7.Removal of the Trustee 34
Section 8.8.Appointment of Successor Trustee by the Bondholders;
Temporary Trustee 34
Section 8.9.Concerning Any Successor Trustees 34
Section 8.10. Trustee Protected in Relying Upon Resolutions, etc. 35
Section 8.11 Appointment of Paying Agent and Registrar; Resignation or
Removal of Paying Agent 35
ARTICLE IX. SUPPLEMENTAL INDENTURES 36
Section 9.1.Supplemental Indentures Not Requiring Consent of
Bondholders 36
Section 9.2.Supplemental Indentures Requiring Consent of Bondholders 36
Section 9.3.Opinion of Counsel 37
ARTICLE X. AMENDMENTS TO THE LOAN AGREEMENT 38
Section 10.1. Amendments etc.,to Loan Agreement Not Requiring Consent
of Bondholders 38
Section 10.2. Amendments etc., to Loan Agreement Requiring Consent of
Bondholders 38
Section 10.3. Opinion of Counsel 38
ARTICLE XI. MISCELLANEOUS 39
Section 11.1. Satisfaction and Discharge 39
Section 11.2. Defeasance of Bonds 39
Section 11.3. Cancellation of Bonds 40
Section 11.4. Application of Trust Money 40
ii
Section 11.5. Consents, etc., of Bondholders 40
Section 11.6. Limitation of Rights 41
Section 11.7. Severability 41
Section 11.8. Notices 41
Section 11.9. Counterparts 43
Section 11.10. Applicable Law 43
Section 11.11. Immunity of Officers and Directors 43
Section 11.12. Holidays 43
EXHIBIT A DISBURSEMENT REQUEST FORM A-1
EXHIBIT B COSTS OF ISSUANCE B-1
iii
TRUST INDENTURE
THIS TRUST INDENTURE dated as of the 1st day of 2026, by
and between the CITY OF SOUTH BEND, INDIANA (the "City" or "Issuer"), a municipal
corporation organized and existing under the laws of the State of Indiana and
a national banking association duly organized, existing and
authorized to accept and execute trusts of the character herein set out under the laws of the United
States of America with its Indiana corporate trust office in the City of Indianapolis, Indiana, as
Trustee("Trustee");
WITNESSETH:
WHEREAS, IC 36-7-11.9, 12 and 14, as supplemented and amended, authorizes
and empowers the Issuer to issue revenue bonds and to use the proceeds therefrom for the purpose
of financing economic development facilities and vests such Issuer with powers that may be
necessary to enable it to accomplish such purposes;and
WHEREAS, in accordance with the provisions of the Act, the Issuer has induced
Colfax Corner ML,LLC(the"Company")to proceed with the acquisition,construction,equipping
and improving,as the case may be,by the Company of a flexible workspace and retail development
in the City,by offering to issue the City's Taxable Economic Development Revenue Bonds, Series
2026 (Colfax Corner ML, LLC Project) in the aggregate principal amount of$
pursuant to this Trust Indenture and to provide the proceeds thereof to the Company pursuant to
the Financing and Loan Agreement of even date herewith(the"Loan Agreement"),for the purpose
of paying a portion of the costs of the Project(as defined herein);and
WHEREAS, the execution and delivery of this Indenture and the issuance of
revenue bonds under the Act as herein provided have been in all respects duly and validly
authorized by proceedings duly passed on and approved by the Issuer; and
WHEREAS, after giving notice in accordance with the Act and IC 5-3-1-4,
Economic Development Commission held a public hearing on behalf of the Issuer, and upon
finding that Project(i)will create or retain employment opportunities in and near the City;(ii)will
benefit the health and general welfare of the citizens of the City and the State of Indiana; and(iii)
will comply with the purposes and provisions of the Act, adopted a resolution approving the
proposed financing; and
WHEREAS,the Act provides that such Bonds may be secured by a trust indenture
between the Issuer and a corporate trustee; and
WHEREAS,the Loan Agreement provides for the use of the proceeds of the Bonds
by the Company to complete the Project, and, pursuant to this Indenture, the Issuer will assign
certain of its rights under the Loan Agreement to the Trustee; and
WHEREAS,the execution and delivery of this Trust Indenture,and the issuance of
the Bonds hereunder, have been in all respects duly and validly authorized by an ordinance duly
passed and approved by the Issuer;and
Filed in Clerk'- r'{fce
JAN Z 1 2026
Bianca r,..
City Clerk, South L u,nd, IN
WHEREAS, IC 36-7-14 provides that a redevelopment commission of an issuer
may pledge certain incremental property taxes (known herein as TIF Revenues)to pay, in whole
or in part, amounts due on the Bonds; and
WHEREAS, the City and the Indiana Economic Development Corporation (the
IEDC") have entered into an agreement, dated as of 202_ (the "IDD
Agreement") that establishes an innovation development district within the City in accordance
with IC 36-7-32.5,as amended from time to time(the"IDD Act"),to be known as the"South Bend
Downtown IDD"(the"South Bend IDD"); and
WHEREAS, pursuant to this Indenture,the Bonds shall be payable solely from the
Trust Estate (as defined herein, including payments derived from the TIF Revenues, the IDD
Revenues (as defined herein), [the Taxpayer Direct Payments (as defined herein) and the Loan
Payments (as defined herein)] and the funds and accounts created hereunder; and
WHEREAS, the Redevelopment Commission has, by resolution, dedicated and
pledged to the Issuer, TIF Revenues to be applied to the repayment of the Bonds; and
WHEREAS,the IEDC has,by dedicated and pledged to the
Issuer, IDD Revenues (as defined herein)to be applied to the repayment of the Bonds; and
WHEREAS,the Bonds and the Trustee's certificate of authentication to be endorsed
thereon are all to be substantially in the form provided in this Indenture;and
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in order to
secure the payment of the principal of and interest on the Bonds to be issued under this Indenture
according to their tenor, purport and effect,and in order to secure the performance and observance
of all the covenants and conditions herein and in said Bonds contained, and in order to declare the
terms and conditions upon which the Bonds are issued, authenticated, delivered, secured and
accepted by all persons who shall from time to time be or become holders thereof, and for and in
consideration of the mutual covenants herein contained, of the acceptance by the Trustee of the
trust hereby created, and of the purchase and acceptance of the Bonds by the holders or obligees
thereof, the Issuer has executed and delivered this Indenture, and by these presents does hereby
convey, grant; assign, pledge and grant a security interest in, unto the Trustee, its successor or
successors and its or their assigns forever, with power of sale, all and singular, the property, real
and personal hereinafter described(the"Trust Estate"):
GRANTING CLAUSES
DIVISION I
All right,title and interest of the Issuer in and to the TIF Revenues(such pledge to
be effective as set forth in IC 5-1-14-4 and IC 36-7-14-39 without filing or recording of this
Indenture or any other instrument);
DIVISION II
All right,title and interest of the Issuer in and to the IDD Revenues(such pledge to
be effective as set forth in IC 5-1-14-4 without filing or recording of this Indenture or any other
instrument);
2
DIVISION III
All right, title and interest of the Issuer in the Taxpayer Direct Payments made by
the Company pursuant to the Taxpayer Agreement (as defined herein), and all right, title and
interest of the Issuer in and to the Taxpayer Agreement(except any rights reserved to the Issuer or
the Redevelopment Commission thereunder);
DIVISION IIII
All right, title and interest of the Issuer in and to the Loan Agreement (except the
rights reserved to the Issuer therein) including the right to the Loan Payments; and]
DIVISION IV
All funds and accounts created hereunder and all moneys and securities from time
to time held by the Trustee under the terms of this Indenture, including the proceeds of the Bonds
prior to the disbursement here from to pay costs of the Project (except moneys or Qualified
Investments deposited with the Trustee pursuant to Section 11.1 hereof),and any and all other real
or personal property of every name and nature from time to time hereafter by delivery or by writing
of any kind conveyed, mortgaged, pledged, assigned, or transferred as and for additional security
hereunder by the Issuer or by anyone in its behalf, or with their written consent to the Trustee
which is hereby authorized to receive any and all such property at any and all times and to hold
and apply the same subject to the terms hereof;
TO HAVE AND TO HOLD the same unto the Trustee, and its successor or
successors and its or their assigns forever;
IN TRUST,NEVERTHELESS,upon the terms and trusts herein set forth,to secure
the payment of the Bonds to be issued hereunder and the interest payable thereon, and to secure
also the observance and performance of all the terms,provisions,covenants and conditions of this
Indenture, and for the equal and ratable benefit and security of all and singular the holders of all
Bonds issued hereunder, without preference, priority or distinction as to lien or otherwise, except
as otherwise hereinafter provided, of any one Bond or as between principal and interest, and it is
hereby mutually covenanted and agreed that the terms and conditions upon which the Bonds are
to be issued, authenticated, delivered, secured and accepted by all persons who shall from time to
time be or become the holders thereof, are as follows:
3
ARTICLE I.
DEFINITIONS
Terms Defined. In addition to the words and terms elsewhere defined in this Indenture, the
following words and terms as used in this Indenture shall have the following meanings unless the
context or use indicates another or different meaning or intent:
Act"means, collectively, Indiana Code 36-7-11.9 and 36-7-12.
Allocation Area" means the Lafayette North Allocation Area established in
accordance with IC 36-7-14-39 for the purposes of capturing incremental ad valorem real property
taxes levied and collected in such allocation area.
Allocation Fund" means the Lafayette North Allocation Area Allocation Fund
established under IC 36-7-14 for the TIF Revenues collected in the Allocation Area.
Annual Fees" means annual Trustee Fees and any other ongoing fees relating to
payment of debt service on the Bonds.
Authorized Representative"means, (i)with respect to the Issuer,the Mayor or the
Controller of the Issuer(or such other officer as the Issuer shall notify the Company and the Trustee
in writing as being an Authorized Representative, with evidence of such authority); and (ii) with
respect to the Company, or such other officer as the Company shall notify
the Issuer and the Trustee in writing as being an Authorized Representative,with evidence of such
authority).
Bondholders"means registered owners of the Bonds.
Bond Fund"means the Bond Fund established by Section 4.2 of this Indenture.
Bond Issuance Costs" means the costs, fees and expenses incurred or to be
incurred by the Issuer and the Borrower in connection with the issuance and sale of the Bonds,
including placement or other financing fees (including applicable counsel fees), the fees and
disbursements of bond counsel, fees of the Issuer's financial advisor, the acceptance fee and first
15t)year annual administration fee of the Trustee,application fees and expenses,publication costs,
the filing and recording fees in connection with any filings or recording necessary under the
Indenture or to perfect the lien thereof, the out-of-pocket costs of the Issuer, the fees and
disbursements of counsel to the Borrower, the fees and disbursements of the Borrower's
accountants and advisers, the fees and disbursements of counsel to the Issuer, the fees and
disbursements of counsel to the purchaser of the Bonds, the costs of preparing or printing the
Bonds and the documentation supporting the issuance of the Bonds, the costs of reproducing
documents,and any other costs of a similar nature reasonably incurred,all of which is a categorical
cost of providing for an "economic development project"as defined and set forth in the Act.
Bond Ordinance" means Ordinance No. , adopted by the Common Council
of the Issuer on 2026, authorizing and approving the issuance and sale of the
Bonds, and approving the Loan Agreement,this Indenture and related matters.
Filed in Clerk's Office
4
JAN L 1 2026
Bianca Tirado
City Clerk, South Bond, IN
Bonds"means the City of South Bend, Indiana, Taxable Economic Development
Revenue Bonds, Series 2026(Colfax Corner ML, LLC Project) in the aggregate principal amount
of$
Business Day" or"business day"means a day on which the office of the Trustee
is open for business.
Capitalized Interest Costs" means a portion of the interest on the Bonds accruing
from the date of their original delivery through and including 1, 202_, which is a
categorical cost of providing for an "economic development project" as defined and set forth in
the Act.
Company"means Colfax Corner ML, LLC,an Indiana limited liability company,
or any successor thereto under the Loan Agreement.
Completion Certificate" means the certificate required to be provided by the
Company to the Issuer and the Trustee pursuant to Section 4.3 of the Loan Agreement to evidence
completion of the Project.
Costs of Issuance" means financial, legal, accounting charges and expenses, and
all other fees charges and expenses incurred in connection with the authorization, sale, issuance
and delivery of the Bonds, including without limitation, the fees and expenses of the Issuer,
Issuer's Counsel, Bond Counsel, Company Counsel, Municipal Advisor to the Issuer and the
Trustee.
Development Agreement" means the Economic Development Agreement, dated
December 18,2025,by and among the Issuer,the Redevelopment Commission and the Company.
Economic Development Commission" means the South Bend Economic
Development Commission.
Event of Default" means those events of default specified in and defined by
Section 7.1 hereof.
Government Obligations" means bonds, notes, certificates of indebtedness,
treasury bills or other securities constituting direct obligations of, or obligations the timely
payment of the principal of and the interest on which are fully and unconditionally guaranteed by,
the United States of America or any agency or instrumentally thereof when such obligations are
backed by the full faith and credit of the United States of America.
IDD Revenues"shall mean that portion,attributable to the Project Site(as defined
in the Development Agreement), of the income tax incremental amount and the gross retail
incremental amount transferred pursuant to Indiana Code 36-7-32.5-18(g)to the local innovation
development district fund for the South Bend IDD established pursuant to Indiana Code 36-7-32.5-
19 and the IDD Agreement, pledged or otherwise obligated by the IEDC to the payment of the
debt service of the Bonds.
Indenture" means this instrument as originally executed or as it may from time to
time be amended or supplemented pursuant to Article IX.
5
Interest Payment Date" on the Bonds means each February I and August,
commencing 1, 202_.
Issuer"means the City of South Bend, Indiana,a municipal corporation organized
and validly existing under the laws of the State or any successor to its rights and obligations under
the Loan Agreement and the Indenture.
Loan Agreement"means the Loan Agreement,dated as of 1,202_,
from the Company to the Issuer and all amendments and supplements thereto.
Loan Payments"means the amounts required to be repaid by the Company to the
Issuer under the terms of the Loan Agreement.
Pledge Resolution"means Resolution No. adopted by the Redevelopment
Commission on 2026, irrevocably dedicating and pledging to the Issuer the TIF
Revenues to pay the debt service on the Bonds.
Project" means the acquisition, development, construction, equipping,
renovation, and/or reconstruction of space in the former South Bend Tribune building, along with
new construction of an adjacent building along Main and Colfax in the City to include
approximately 202,000 rentable square feet of flexible workspace and ground-floor retail,as more
fully described in the Development Agreement and located in the Allocation Area established by
the Redevelopment Commission.
Project Fund" means the Project Fund for the Bonds established in Section 4.3 of
this Indenture.
Qualified Investments"means any of the following to the extent permitted by law:
i) Government Obligations; (ii) money market funds, which may be funds of the Trustee or its
affiliates,the assets of which are obligations of or guaranteed by the United States of America and
which funds are rated at the time of purchase "AAAm or higher by Standards & Poor's Ratings
Service, Inc. and/or "Aaa" by Moody's Investors Service, Inc.; (iii) bonds, debentures, notes or
other evidence of indebtedness issued or guaranteed by any of the following federal agencies:
Export-Import Bank, Farmers Home Administration, Federal Financing Bank, Federal Housing
Administration, Government National Mortgage Association, Maritime Administration and Farm
Credit Banks;(iv)certificates of deposit,savings accounts,deposit accounts or depository receipts
of a bank, savings and loan associations and mutual savings banks, including the Trustee or its
affiliates, each insured to the extent provided by the Federal Deposit Insurance Corporation; (v)
bankers' acceptances or certificates of deposit of commercial banks or savings and loan
associations, including the Trustee or its affiliates, which mature not more than one year after the
date of purchase;provided the banks or savings and loan associations(as opposed to their holding
companies) are rated for unsecured debt at the time of purchase of the investments in the single
highest full classification established by Moody's Investors Service, Inc. and Standard & Poor's
Ratings Service, Inc.;(vi)commercial paper rated at the time of purchase in the single highest full
classification by Moody's Investors Service, Inc.and Standard& Poor's Ratings Service, Inc.and
which matures not more than 270 days after the date of purchase; (vii)any guaranteed investment
contract or investment agreement of a financial institution which is rated in one of the two highest
rating categories by Standard & Poor's Ratings Services; and (viii) repurchase agreements with
any bank or trust company organized under the laws of any state of the United States of America
6
or any national banking association (including the Trustee or its affiliates) or government bond
dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank
of New York,which agreement is secured by any one or more of the securities described in clauses
i),(iii)or(iv)above; provided,underlying securities are required by the repurchase agreement to
be continuously maintained at a market value not less than the amount so invested.
Record Date" means the fifteenth day of the month immediately preceding any
Interest Payment Date.
Redevelopment Commission" means the South Bend Redevelopment
Commission.
Requisite Bondholders" means the holders of 51% in aggregate principal amount
of Bonds.
State"means the State of Indiana.
Taxpayer Agreement"means the Taxpayer Agreement,dated as of
1, 2026, among the Company,the Redevelopment Commission and the Issuer.
Taxpayer Direct Payments" means amounts required to be paid by the Company
to the Redevelopment Commission pursuant to the terms of the Taxpayer Agreement.
TIF Revenues" means that portion of the property tax proceeds received by the
Redevelopment Commission and pledged to the Issuer pursuant to the Pledge Resolution,from the
assessed valuation of real property in the Allocation Area derived from the parcels comprising the
Project Site (as defined in the Development Agreement), in excess of the assessed valuation
described in IC 36-7-14-39(b)(1),as such statutory provision exists on the date of execution of the
Indenture.
Trustee" means with a designated trust
office in the City of Indianapolis, Indiana. and any successor trustee or co-trustee.
Trust Estate"shall have the meaning ascribed to such term in the Granting Clauses
of this Indenture.
Rules of Interpretation. For all purposes of this Indenture,except as otherwise expressly provided
or unless the context otherwise requires:
1) "This Indenture"means this instrument as originally executed and as it may
from time to time be supplemented or amended pursuant to the applicable provisions
hereof.
2) All references in this instrument to designated "Articles," "Sections" and
other subdivisions are to the designated Articles, Sections and other subdivisions of this
instrument as originally executed.The words"herein,""hereof and"hereunder"and other
words of similar import refer to this Indenture as a whole and not to any particular Article,
Section or other subdivision.
7
3) The terms defined in this Article have the meanings assigned to them in this
Article and include the plural as well as the singular and the singular as well as the plural.
4) All accounting terms not otherwise defined herein have the meanings
assigned to them in accordance with generally accepted accounting principles as
consistently applied.
5) Any terms not defined herein but defined in the Loan Agreement shall have
the same meaning herein.
6) The terms defined elsewhere in this Indenture shall have the meanings
therein prescribed for them.
Exhibits. The following Exhibits are attached to and by reference made a part of this Indenture:
Exhibit A: Disbursement Request Form
Exhibit B: Costs of Issuance
End of Article I)
8
ARTICLE II.
THE BONDS
Authorized Amount of Bonds. No Bonds may be issued under the provisions of this Indenture
except in accordance with this Article.The principal amount of the Bonds(other than Bonds issued
in substitution therefor pursuant to Section 2.9 hereof) that may be issued is hereby expressly
limited to$
Issuance of the Bonds. The Bonds shall be designated "City of South Bend, Indiana, Taxable
Economic Development Revenue Bonds, Series 2026 (Colfax Corner ML, LLC Project)," and
lettered and numbered R-1 and upward. The Bonds shall be originally issuable as fully registered
Bonds without coupons in denominations of$100,000 and any $1 integral multiples thereafter.
Interest on Bonds shall be paid to the owners of such Bonds determined as of the close of business
of the Record Date next preceding each Interest Payment Date at the registered addresses of such
owners as they shall appear on the registration books of the Trustee, as registrar for the Bonds,
notwithstanding the cancellation of any such Bonds upon any exchange or transfer thereof
subsequent to the Record Date and prior to such Interest Payment Date, unless the Bonds are
authenticated prior to 15,202_, in which case interest shall be payable from the
Original Date of the Bonds. Payment of interest to the holders of all Bonds shall be by check
drawn on the main office of the Trustee and mailed to such holder of the Bonds on each Interest
Payment Date. The Bonds shall be dated as of the date of their delivery. Interest shall be computed
on the basis of a three hundred sixty (360) day year consisting of twelve (12) thirty (30) day
months. The interest on the Bonds shall be payable on each February 1 and August 1 commencing
1, 202 -1.
The Bonds shall bear interest from the Interest Payment Date next preceding the date of
authentication thereof, unless such date of authentication shall be subsequent to a Record Date in
which case they shall bear interest from the Interest Payment Date with respect to such Record
Date.
The Bonds shall mature on the following dates in the following amounts and at the
following interest rates per annum:
Payment Date Maturity Amount Interest Rate
Payment on the Bonds. The principal of and interest on the Bonds shall be payable in any coin or
currency of the United States of America which,at the respective dates of payment thereof,is legal
tender for the payment of public and private debts. The principal of the Bonds shall be payable at
the principal corporate trust office of the Trustee. All payments of interest on the Bonds shall be
made to the person appearing on the Bond registration books of the Trustee as the registered owner
of the Bonds by check mailed to the Registered Owner thereof as shown on the registration books
of the Trustee,as registrar for the Bonds. Each registered owner of$1,000,000 or more in principal
amount of Bonds shall be entitled to receive interest payments by wire transfer by providing
written wire instructions to the Trustee before the Record Date for such payment. Notwit f anrc1i g, `I Ce
anything herein to the contrary, the Bonds shall only need to be presented En lgi iOn ied'ft r
payment upon the final maturity or optional redemption in full.
JAP1 L 1 202b
9
Bianca 1 irucuu
City Clerk, South Bend, IN
Execution: Limited Obligation. The Bonds shall be executed on behalf of the Issuer with the
manual or facsimile signature of its Mayor and attested with the manual or the facsimile signature
of its Clerk and shall have impressed or printed thereon the corporate seal of the Issuer. Such
facsimiles shall have the same force and effect as if such officer had manually signed each of said
Bonds. In case any officer whose signature or facsimile signature shall appear on the Bonds shall
cease to be such officer before the delivery of such Bonds, such signature or such facsimile shall,
nevertheless,be valid and sufficient for all purposes,the same as if he had remained in office until
delivery.
The Bonds, and the interest payable thereon, do not and shall not represent or
constitute a debt of the Issuer, the State of Indiana or any political subdivision or taxing authority
thereof within the meaning of the provisions of the constitution or statutes of the State of Indiana
or a pledge of the faith and credit of the Issuer,the State of Indiana or any political subdivision or
taxing authority thereof. The Bonds, as to both principal and interest, are not an obligation or
liability of the Issuer, the State of Indiana, or of any political subdivision or taxing authority
thereof, but are a special limited obligation of the Issuer and are payable solely and only from the
Trust Estate(including the TIF Revenues, IDD Revenues,the Taxpayer Direct Payments, and the
Loan Payments)pledged and assigned for their payment in accordance with the Indenture.Neither
the faith and credit nor the taxing power of the Issuer, the State of Indiana or any political
subdivision or taxing authority thereof is pledged to the payment of the principal of or the interest
on the Bonds. The Bonds do not grant the owners or holders thereof any right to have the Issuer,
the State of Indiana or its General Assembly,or any political subdivision or taxing authority of the
State of Indiana, levy any taxes or appropriate any funds for the payment of the principal of or
interest on the Bonds. The Issuer has no taxing power with respect to the Bonds. No covenant or
agreement contained in the Bonds or the Indenture shall be deemed to be a covenant or agreement
of any member, director, officer, agent, attorney or employee of the Economic Development
Commission, the Redevelopment Commission or the Issuer in his or her individual capacity, and
no member, director, officer, agent, attorney or employee of the Economic Development
Commission, the Redevelopment Commission, or the Issuer executing the Bonds shall be liable
personally on the Bonds or be subject to any personal liability or accountability by reason of the
issuance of the Bonds.
Authentication. No Bond shall be valid or obligatory for any purpose or entitled to any security
or benefit under this Indenture unless and until the certificate of authentication on such Bond
substantially in the form hereinafter set forth shall have been duly executed by the Trustee, and
such executed certificate of the Trustee upon any such Bond shall be conclusive evidence that such
Bond has been authenticated and delivered under this Indenture. The Trustee's certificate of
authentication on any Bond shall be deemed to have been executed by it if signed by an authorized
officer of the Trustee, but it shall not be necessary that the same officer sign the certificate of
authentication on all of the Bonds issued hereunder.
Form of the Bonds. The Bonds issued under this Indenture shall be substantially in the form set
forth below with such appropriate variations,omissions and insertions as are permitted or required
by this Indenture or deemed necessary by the Trustee:
Form of Bond)
EACH HOLDER OF THIS BOND (AS HEREINAFTER DEFINED): (1) WILL NOT SELL OR OTHERWISE
TRANSFER THIS BOND OTHER THAN:(a)TO A"QUALIFIED INSTITUTIONAL BUYER"(AS DEFINED IN
RULE 144A OF THE SECURITIES ACT OF 1933,AS AMENDED(THE"SECURITIES ACT")),PURCHASING
10
FOR ITS OWN ACCOUNT OR TO THE ACCOUNT OF ANOTHER QUALIFIED INSTITUTIONAL BUYER;(b)
TO AN ACCREDITED INVESTOR (WITHIN THE MEANING OF RULE 501 OF REGULATION D OF THE
SECURITIES ACT), PURCHASING FOR ITS OWN ACCOUNT OR THE ACCOUNT OF ANOTHER
ACCREDITED INVESTOR;OR(c)PURSUANT TO AN EXEMPTION FROM THE SECURITIES ACT;AND(2)
WILL,AND EACH SUBSEQUENT HOLDER IS REQUIRED TO,NOTIFY ANY PURCHASER OF THIS BOND
OF THE RESALE RESTRICTIONS REFERRED TO HEREIN
UNITED STATES OF AMERICA
2026R-1
CITY OF SOUTH BEND,INDIANA
TAXABLE ECONOMIC DEVELOPMENT REVENUE BOND,SERIES 2026
COLFAX CORNER ML,LLC PROJECT)
INTEREST MATURITY ORIGINAL AUTHENTICATION
RATE DATE DATE DATE
2026 2026
REGISTERED OWNER:
PRINCIPAL AMOUNT: Million Dollars($
The City of South Bend, Indiana(the "Issuer"), a municipal corporation organized and existing under the
laws of the State of Indiana, for value received, hereby promises to pay in lawful money of the United States of
America to the Registered Owner listed above,but solely from available amounts held in the Trust Estate,including
the payments of TIF Revenues,IDD Revenues,the Taxpayer Direct Payments and the Loan Payments(each as defined
in the hereinafter defined Indenture)hereinafter referred to pledged and assigned for the payment hereof,the Principal
Amount set forth above on the Maturity Date,unless this Bond shall have previously been called for redemption and
payment of the redemption price made or provided for,or unless payments shall have been accelerated as provided in
the Indenture,and to pay interest on the unpaid principal amount hereof in like money,but solely from said payments,
at the Interest Rate specified above per annum payable on 1,202 and on each February 1 and August
1 thereafter(each an"Interest Payment Date")until the Principal Amount is paid in full. Interest on this Bond shall
be payable from the Interest Payment Date next preceding the date of authentication thereof(the"Interest Date"),
except that: (i) if this Bond is authenticated on or prior to 15, 202 the Interest Date shall be the
Original Date specified above; (ii) if this Bond is authenticated on or after the last day of the calendar month
immediately preceding an Interest Payment Date(the"Record Date"),the Interest Date shall be such Interest Payment
Date;and(iii)if interest on this Bond is in default,the Interest Date shall be the day after the date to which interest
hereon has been paid in full. Interest shall be calculated on the basis of a 360-day year consisting of twelve 30-day
months.
The principal of this Bond is payable at the office of as
trustee(the"Trustee"), in Indianapolis, Indiana,or at the principal office of any successor trustee. All payments of
interest hereon will be made by the Trustee by check mailed on each Interest Payment Date to the Registered Owner
hereof at the address shown on the registration books of the Trustee as maintained by the Trustee, as registrar,
determined on the Record Date next preceding such Interest Payment Date. Each registered owner of$1,000,000 or
more in principal amount of Bonds shall be entitled to receive interest and principal payments by wire transfer by
providing written wire instructions to the Trustee before the Record Date for such payment. This Bond shall not need
to be presented for payment except upon final maturity or redemption in full.
This Bond is the only one of the Issuer's Taxable Economic Development Revenue Bonds, Series 2026
Colfax Corner ML, LLC Project) (hereinbefore and hereinafter the "Bonds") which are being issued under the
hereinafter described Indenture in the aggregate principal amount of$ The Bonds are being issued for
the purpose of providing funds to finance a portion of the cost of the acquisition,development,construction,equipping,
renovation, and/or reconstruction by Colfax Corner ML, LLC (the "Company") of a flexible workspace and retail
development in the City, all located within the Lafayette North Allocation Area(the"Project") by providing such
funds to the Company pursuant to the Loan Agreement,dated as of 1,2026(the"Loan Agreement")
11
between the Company and the Issuer,which prescribes the terms and conditions under which the Company shall use
or be deemed to use)such proceeds for the Project.
The Bonds are issued under and entitled to the security of a Trust Indenture dated as of 1,
2026 (hereinafter referred to as the "Indenture") duly executed and delivered by the Issuer to
as trustee (the term "Trustee" where used herein referring to said
Trustee or its successors),pursuant to which Indenture,the TIF Revenues, the IDD Revenues,the Taxpayer Direct
Payments and the Loan Payments (each as defined in the Indenture) are pledged and assigned by the Issuer to the
Trustee as security for the Bonds. The Bonds are issued pursuant to and in full compliance with the Constitution and
laws of the State of Indiana,particularly Indiana Code,Title 36,Article 7,Chapters 11.9 and 12(the"Act"),and by
appropriate action duly taken by the Issuer which authorizes the execution and delivery of the Indenture. The Bonds
have been issued in conformity with the provisions,restrictions and limitations of the Act.
The South Bend Redevelopment Commission (the "Redevelopment Commission") has pledged the TIF
Revenues, the Taxpayer Direct Payments and the Loan Payments to the payment of the Bonds (as defined in the
Indenture). The Indiana Economic Development Corporation (the "IEDC") has pledged the IDD Revenues to the
payment of the Bonds.
THE OWNER OF THIS BOND,BY ACCEPTANCE OF THIS BOND,HEREBY AGREES TO ALL OF
THE TERMS AND PROVISIONS IN THE INDENTURE AND THIS BOND AND ACKNOWLEDGES THAT:
1. It is an"accredited investor"(as defined in Rule 501(a)under the Securities Act of 1933,as amended
1933 Act")),purchasing the Bonds for its own account,and it is acquiring the Bonds for investment purposes and
not with a view to,or for offer or sale in connection with,any distribution in violation of the 1933 Act. It has such
knowledge and experience in financial and business matters as to be capable of evaluating the merits and risk of its
investment in the Bonds,and it is able to bear the economic risk of its investment for an indefinite period of time. It
confirms that neither the Issuer nor any person acting on behalf of the Issuer has offered to sell the Bonds by,and that
it has not been made aware of the offering of the Bonds by,any form of general solicitation or general advertising,
including,but not limited to,any advertisement,article,notice or other communication published in any newspaper,
magazine or similar media or a broadcast over television or radio.
2. It is familiar with the Issuer,the Redevelopment Commission,the IEDC and the Borrower; it has
received such information concerning the Issuer,the Redevelopment Commission,the IEDC and the Borrower,the
Bonds,the TIF Revenues,the IDD Revenues,the Loan Payments and Taxpayer Direct Payments(each as defined in
the Indenture) as it deems to be necessary in connection with investment in the Bonds. It has received, read and
commented upon copies of the Indenture,the Loan Agreement and the Taxpayer Agreement. Prior to the purchase of
the Bonds,it has been provided with the opportunity to ask questions of and receive answers from the representatives
of the Issuer,the Redevelopment Commission,the IEDC,and the Borrower concerning the terms and conditions of
the Bonds,the tax status of the Bonds,legal opinions and enforceability of remedies,and the security therefor,and to
obtain any additional information needed in order to verify the accuracy of the information obtained to the extent that
the Issuer and the Borrower possess such information or can acquire it without unreasonable effort or expense. It is
not relying on Barnes &Thornburg LLP or Baker Tilly Municipal Advisors, LLC, for information concerning the
financial status of the Issuer,the Redevelopment Commission,the IEDC and the Borrower or the ability of the Issuer
and the Borrower to honor their respective financial obligations or other covenants under the Bonds,the Indenture,
the Loan Agreement or the Taxpayer Agreement. It understands that the projection of TIF Revenues prepared in
connection with the issuance of the Bonds has been based on estimates of the investment in real property provided by
the Borrower,and it understands that the projection of IDD Revenues prepared in connection with the issuance of the
Bonds has been based on estimates of the investment in real property and estimated job creation provided by the
Borrower.
3. It is acquiring the Bonds with no present intent to resell; and will not sell, convey, pledge or
otherwise transfer the Bonds without prior compliance with applicable registration and disclosure requirements of
state and federal securities laws.
4. It understands that the Bonds have not been registered under the 1933 Act and,unless so registered,
may not be sold to an entity that is not a"qualified institutional buyer"as defined in Rule 144A of the 1933 Act,or
an "accredited investor" as defined in Rule 501(a) of the 1933 Act without registration under the 1933 Act or an
exemption therefrom.
5. It understands that the sale or transfer of the Bonds in principal amounts less than$100,000 to an
entity that is not an accredited investor is prohibited other than through a primary offering.
12
6. It has investigated the security for the Bonds,and it understands that the Bonds are payable solely
from the TIF Revenues,the IDD Revenues,[Taxpayer Direct Payments and Loan Payments]. It further understands
that the Issuer does not have the power or the authority to levy a tax to pay the principal of or interest on the Bonds.
7. It understands that interest on the Bonds is taxable for federal income tax purposes.
Reference is made to the Indenture and to all indentures supplemental thereto and to the Loan Agreement for
a description of the nature and extent of the security,the rights,duties and obligations of the Issuer and the Trustee,
the rights of the holders of the Bonds,and the terms on which the Bonds are or may be issued and secured,and to all
the provisions of which the holder hereof by the acceptance of this Bond assents.
The Bonds are issuable in registered form without coupons in the denominations of$100,000 or integral
multiples of$1.00 in excess thereof. This Bond is transferable by the registered holder hereof in person or by his
attorney duly authorized in writing at the principal office of the Trustee, but only in the manner, subject to the
limitations and upon payment of the charges provided in the Indenture and upon surrender and cancellation of this
Bond.Upon such transfer a new registered Bond will be issued to the transferee in exchange therefor. Notwithstanding
anything herein to the contrary,this Bond shall only need to be presented and surrendered for payment upon the final
maturity or optional redemption.
The Issuer and the Trustee may deem and treat the Registered Owner hereof as the absolute owner hereof for
the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes
and neither the Issuer nor the Trustee shall be affected by any notice to the contrary.
The Bonds maturing on and after 1,203_are redeemable at the option of the Issuer(at the
direction of the Company)beginning on or after 1,203 ,upon thirty(30)days' notice,in whole or
in part,at face value,plus accrued interest to the date fixed for redemption.
Notwithstanding anything herein to the contrary,this Bond shall only need to be presented and surrendered
for payment upon the final maturity or optional redemption.
If fewer than all of the Bonds at the time outstanding are to be called for redemption,the maturities of Bonds
or portions thereof to be redeemed shall be selected by the Trustee at the direction of the Issuer.If fewer than all of
the Bonds within a maturity are to be redeemed,the Trustee shall apply moneys available for redemption on a pro rata
basis,based on the respective portion of the principal amount of Bonds held by the respective owners of the Bonds
within such maturity that shall be redeemed.
In the event any of the Bonds are called for optional redemption as aforesaid,notice thereof identifying the
Bonds to be redeemed will be given by mailing a copy of the redemption notice by first class mail not less than thirty
30)days nor more than sixty(60)days prior to the date fixed for redemption to the Registered Owner of the Bonds
to be redeemed at the address shown on the registration books;provided,however,that failure to give such notice by
mailing,or any defect therein with respect to any registered Bond,shall not affect the validity of any proceedings for
the redemption of other Bonds.
All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided
funds for their redemption are on deposit at the place of payment at that time,and shall no longer be protected by the
Indenture and shall not be deemed to be outstanding under the provisions of the Indenture.
The Bonds,and the interest payable thereon,do not and shall not represent or constitute a debt of the
Issuer,the State of Indiana,or any political subdivision or taxing authority thereof within the meaning of the
provisions of the constitution or statutes of the State of Indiana or a pledge of the faith and credit of the Issuer,
the State of Indiana,or any political subdivision or taxing authority thereof.The Bonds,as to both principal
and interest,are not an obligation or liability of the Issuer,the State of Indiana,or of any political subdivision
or taxing authority thereof,but are a special limited obligation of the Issuer and are payable solely and only
from the TIF Revenues,the IDD Revenues, ]the Taxpayer Direct Payments and the Loan Payments] pledged
and assigned for their payment in accordance with the Indenture. Neither the faith and credit nor the taxing
power of the Issuer,the State of Indiana or any political subdivision or taxing authority thereof is pledged to
the payment of the principal of or the interest on this Bond. The Bonds do not grant the owners or holders
thereof any right to have the Issuer,the State of Indiana or its General Assembly,or any political subdivision
or taxing authority of the State of Indiana, levy any taxes or appropriate any funds for the payment of the
principal of or interest on the Bonds. The Issuer has no taxing power with respect to the Bonds. No covenant
or agreement contained in the Bonds or the Indenture shall be deemed to be a covenant or agreement of any
member,director,officer,agent,attorney or employee of the South Bend Economic Development Commission
the "Economic Development Commission"), the Redevelopment Commission or the Issuer in his or her
13
individual capacity, and no member, director, officer, agent, attorney or employee of the Economic
Development Commission,the Redevelopment Commission or the Issuer executing the Bonds shall be liable
personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of
the Bonds.
The holder of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to
enforce the covenants therein,or to take any action with respect to any event of default under the Indenture, or to
institute,appear in or defend any suit or other proceedings with respect thereto,except as provided in the Indenture.
In certain events,on the conditions,in the manner and with the effect set forth in the Indenture,the principal of all of
the Bonds issued under the Indenture and then outstanding may become or may be declared due and payable before
the stated maturity thereof,together with interest accrued thereon. Modifications or alterations of the Indenture,or of
any supplements thereto,may be made to the extent and in the circumstances permitted by the Indenture. The Issuer's
or the Redevelopment Commission's obligation to pay TIF Revenues shall not be subject to acceleration.The Issuer's
or the IEDC's obligation to pay IDD Revenues shall not be subject to acceleration.
It is hereby certified that all conditions,acts and things required to exist,happen and be performed under the
laws of the State of Indiana and under the Indenture precedent to and in the issuance of this Bond exist,have happened
and have been performed,and that the issuance,authentication and delivery of this Bond have been duly authorized
by the Issuer.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit
under the Indenture until the certificate of authentication hereon shall have been duly executed by the Trustee.
IN WITNESS WHEREOF,the City of South Bend,Indiana,has caused this Bond to be executed in its name
and on its behalf by the manual or facsimile signature of the Mayor and its corporate seal to be hereunto affixed
manually or by facsimile and attested to by the manual or facsimile signature of its Clerk.
CITY OF SOUTH BEND,INDIANA
By:
Mayor
Seal)
Attest:
Clerk
FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION)
This Bond is one of the Bonds described in the within mentioned Trust Indenture.
as trustee
By
Authorized Officer
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,assigns and transfers unto
Please Print or Typewrite Name and Address) the within Bond and all rights, title and
interest thereon,and hereby irrevocably constitutes and appoints attorney to
transfer the within Bond on the books kept for registration thereof,with full power of substitution in the premises.
14
Dated:
SIGNATURE GUARANTEED:
NOTICE:Signature(s)must be guaranteed by NOTICE: The signature to this assignment must
an eligible guarantor institution participating correspond with the name of the registered
in a Securities Transfer Association of a owner as it appears upon the face of the
recognized signature guarantee program. within Bond in every particular,
without alteration or enlargement or any change
whatsoever.
The following abbreviations,when used in the inscription on the face of this certificate,shall be construed as
though they were written out in full according to applicable laws or regulations:
UNIF TRAN MIN ACT-- Custodian
Cust)Minor)
under Uniform Transfers to Minors Act
State)
TEN COM-- as tenants in common
JT TEN--as joint tenants with right of survivorship and not as
tenants in common
Additional abbreviations may also be used though not in the above list.
End of Bond Form)
Delivery of Bonds. The Trustee shall authenticate the Bonds and deliver them to the purchasers
thereof upon receipt of a copy, duly certified by the Clerk of the Issuer, of the Bond Ordinance
authorizing the execution and delivery of the Loan Agreement and this Indenture and the issuance
of the Bonds, and delivery of the following.
1) An executed counterpart of the Loan Agreement. the Taxpayer Agreement
and this Indenture.
2) A copy, duly certified by the Clerk of the Issuer, of the Ordinance adopted
and approved by the Issuer authorizing the execution and delivery of the Loan Agreement
and this Indenture and the issuance of the Bonds.
3) A copy,duly certified by the Secretary of the Redevelopment Commission,
of the Pledge Resolution.
4) An executed counterpart of the IDD Pledge Agreement.
5) A written request of the Issuer to the Trustee requesting the Trustee to
authenticate,or cause to be authenticated,and deliver the Bonds in the Authorized Amount
to the purchasers thereof.
6) Such other documents as shall be required by bond counsel or the Issuer,
which shall be identified to the Trustee as documents to be received by the Trustee.
15
The proceeds of the Bonds shall be paid over to the Trustee and deposited to the
Project Fund as hereinafter provided under Section 3.1 hereof.
Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen or
destroyed, the Issuer, through the Trustee, may execute and the Trustee may authenticate a new
Bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed;provided
that,in the case of any mutilated Bond,such mutilated Bond shall first be surrendered to the Issuer,
and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to the Trustee
evidence of such loss, theft or destruction satisfactory to the Trustee, together with indemnity
satisfactory to it.
In the event any such Bond shall have matured or been called for redemption in
full, instead of issuing a duplicate Bond the Issuer may pay the same without surrender thereof;
provided,however,that in the case of a lost,stolen or destroyed Bond,there shall be first furnished
to the Trustee evidence of such loss, theft or destruction satisfactory to the Trustee;together with
indemnity satisfactory to it. The Trustee may charge the holder or owner of such Bond with their
reasonable fees and expenses in this connection.Any Bond issued pursuant to this Section 2.8 shall
be deemed part of the original series of Bonds in respect of which it was issued and an original
additional contractual obligation of the Issuer.
Registration and Exchange of Bonds: Persons Treated as Owners. The Issuer shall cause books
for the registration and for the transfer of the Bonds as provided in this Indenture to be kept by the
Trustee which is hereby constituted and appointed the registrar of the Issuer. Upon surrender for
transfer of any fully registered Bond at the principal office of the Trustee, duly endorsed by, or
accompanied by a written instrument or instruments of transfer in form satisfactory to the Trustee
and duly executed by the registered owner or his attorney duly authorized in writing, the Issuer
shall execute and the Trustee shall authenticate and deliver in the name of the transferee or
transferees a new fully registered Bond or Bonds of the same series and the same maturity for a
like aggregate principal amount.The execution by the Issuer of any fully registered Bond without
coupons of any denomination shall constitute full and due authorization of such denomination,and
the Trustee shall thereby be authorized to authenticate and deliver such registered Bond.The costs
of such transfer or exchange shall be borne by the Issuer. The Trustee shall not be required to
transfer or exchange any fully registered Bond during the period between the Record Date and any
interest payment date of such Bond, nor to transfer or exchange any Bond after the mailing of
notice calling such Bond for redemption has been made, nor during a period of fifteen (15) days
next preceding mailing of a notice of redemption of any Bonds.
As to any fully registered Bond without coupons, the person in whose name the
same shall be registered shall be deemed and regarded as the absolute owner thereof for all
purposes, and payment of principal or interest thereon, shall be made only to or upon the order of
the registered owner thereof or his legal representative, but such registration may be changed as
hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the
liability upon such Bond to the extent of the sum or sums so paid.
Reserved.
End of Article II)
16
ARTICLE III.
APPLICATION OF THE BOND PROCEEDS
Deposit of Bond Funds. The Issuer shall deposit$ received from the sale of the
Bonds in a separate fund to be known as the "City of South Bend, Indiana-2026 Colfax Corner
Project Fund"(the"Project Fund"). Disbursements from the Project Fund will be used to pay for
costs of the Project and costs of issuing the Bonds, and are to be made in accordance with the
provisions of Article IV of this Indenture.
Capitalized Interest. The Issuer shall be deemed to have received $ of
the proceeds of the Bonds in order to pay the Capitalized Interest Costs. However, the Issuer and
the Trustee acknowledge that such amount shall be retained by the Purchaser and applied to pay
Capitalized Interest Costs of the Bonds in accordance with the following schedule:
1) $ on 1, 202 ;
2) $ on 1, 202—; and
3) $ on 1, 202—.
End of Article III)
Feed in Clerk's OthCc
BAN •1 1 '1026
17 Bianca Tirado
City Clerk,South Bend, Iti
ARTICLE IV.
REVENUE AND FUNDS
Source of Payment of the Bonds. The Bonds herein authorized and all payments to be made by
the Issuer hereunder are not general obligations of the Issuer but are limited obligations payable
solely from the Trust Estate(including the TIF Revenues,the IDD Revenues,the Taxpayer Direct
Payments and the Loan Payments)pledged and assigned for their payment in accordance with the
Indenture. No covenant or agreement contained in the Bonds or this Indenture shall be deemed to
be a covenant or agreement of any member, director, officer, agent, attorney or employee of the
Issuer in his or her individual capacity, and no member, director, officer, agent, attorney, or
employee of the Issuer executing the Bonds shall be liable personally on the Bonds or be subject
to any personal liability or accountability by reason of the issuance of the Bonds.
The Redevelopment Commission has pledged the TIF Revenues to the payment of the
Bonds.
The IEDC has pledged the IDD Revenues to the payment of the Bonds.
Bond Fund.
a) The Trustee shall establish and maintain, so long as any of the Bonds are
outstanding,a separate fund to be known as the"City of South Bend,Indiana-2026 Colfax Corner
Project Bond Fund"(the"Bond Fund"). Money in the Bond Fund shall be applied as provided in
this Section 4.2.
b) There shall be deposited in the Bond Fund, as and when received, the TIF
Revenues,the IDD Revenues,the Taxpayer Direct Payments and, if necessary,the Loan Payments
in an amount equal to the payments due on the Bonds on the next February 1 or August 1 plus
Trustee fees coming due within the next six(6)months with respect to the Bonds.
c) The Issuer hereby covenants and agrees that so long as any of the Bonds issued
hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit in the Bond
Fund, prior to 10:00 a.m., Indianapolis time, on the business day immediately preceding each
January 5 and July 5, commencing no later than July 5, 202_, sufficient sums from revenues and
receipts derived from the TIF Revenues and IDD Revenues promptly to meet and pay the amounts
required under Section 4.2(b) hereof. In the event of a deficiency of available TIF Revenues and
IDD Revenues to make the next debt service payment,the Trustee shall notify the Company of the
amount needed to remedy the deficiency by no later than the next January 10 or July 10, as
applicable. Pursuant to the terms of the Taxpayer Agreement, the Company is obligated to make
a Taxpayer Direct Payment to remedy the deficiency and the Issuer covenants and agrees to
transfer all Taxpayer Direct Payments received to the Trustee. If a deficiency still remains, the
Company is obligated under the Loan Agreement to make Loan Payments to the Issuer, and the
Issuer covenants and agrees to immediately transfer all Loan Payments received to the Trustee.
Nothing herein should be construed as requiring Issuer to deposit or cause to be paid to Trustee
for deposit in the Bond Fund, funds from any source other than receipts derived from the TIF
Revenues,the IDD Revenues,the Taxpayer Direct Payments and,if necessary,the Loan Payments.
Filed in Clerk's Office
1 s
JANia 2 1 2026
Bnca TiradoCityClerk, South Bend, IN
2) The Controller of the Issuer shall set aside immediately upon receipt the TIF
Revenues into the Allocation Fund and transfer the TIF Revenues to the Trustee as set forth in
Section 4.4. The Trustee is hereby directed to deposit the TIF Revenues into the Bond Fund in the
manner prescribed in this Section 4.2 and in Section 4.4.
3) Moneys in the Bond Fund shall be used by the Trustee to pay interest, premium, if
any, and principal on the Bonds, together with any Annual Fees, as the same comes due. The
Trustee shall transmit such funds to the Paying Agent for any series of Bonds in sufficient time to
insure that such principal and interest will be paid as it becomes due.
Project Fund. The Trustee shall establish and maintain a separate fund to be known as the "City
of South Bend,Indiana-2026 Colfax Corner Project Fund"(the"Project Fund"). The Issuer shall
maintain the Project Fund in the custody of the Trustee, to the credit of which deposits are to be
made as required by the provisions of Section 3.1 hereof.
a) Moneys held in the Project Fund representing proceeds of the sale of the Bonds
shall be disbursed by the Trustee in accordance with the provisions of this Section 4.3 to pay the
costs of the Project, including the issuance costs of the Bonds. Subject to the provisions below
and to any applicable representations, warranties and covenants contained in the Indenture or the
Loan Agreement, disbursements from the Project Fund shall be made only to pay(or to reimburse
the Company for payment of)costs of the Project, as the case may be, as follows:
1) Costs incurred directly or indirectly for or in connection with the
acquisition, construction, expansion, equipping, installation or improvement of the
Project, as the case may be, including: costs incurred with respect to preliminary
planning and studies; architectural, legal, engineering, accounting, consulting,
supervisory and other services; labor, services and materials; and recording of
documents and title work;
2) Costs incurred directly or indirectly in seeking to enforce any
remedy against any contractor or subcontractor in respect of any actual or claimed
default under any contract relating to the Project, as the case may be;
3) Financial, legal, accounting, charges and expenses, and all other
fees, charges and expenses incurred in connection with the authorization, sale,
issuance and delivery of the Bonds, including, without limitation, the fees and
expenses of the Issuer, Issuer's Counsel, Bond Counsel, Company's Counsel,
Financial Advisor to the Issuer, and the Trustee (the"Costs of Issuance"); and
4) Any other incidental and necessary costs,expenses,fees and charges
relating to the acquisition, construction, expansion, equipping, installation or
improvement of the Project, as the case may be.
Promptly after the proceeds from the sale of the Bonds and other funds of the Issuer
are deposited into the Project Fund in accordance with Article III hereof,the Trustee shall
pay the Costs of Issuance set forth in Exhibit B from such funds.
Any further disbursements from the Project Fund described above to pay such fees,
costs or expenses or to reimburse the Company for the payment of such fees, costs or
expenses,other than Costs of Issuance, shall be made by the Trustee only upon the written
19
order of an Authorized Representative of the Company and acknowledged by the Issuer
and the purchaser of the Bonds. Each such written order shall be in the form of the
disbursement request attached hereto as Exhibit A and shall be consecutively numbered
and accompanied by invoices or other appropriate documentation supporting the payments
or reimbursements requested. The Trustee may conclusively rely,without investigation or
inquiry, on the information contained in the disbursement requests meeting the
requirements of this Section 4.3(a)and shall be protected in issuing the payments requested
therein.
b) The Trustee shall cause to be kept and maintained accurate records pertaining to
the Project Fund and all disbursements therefrom. If requested by the Company or the Issuer,the
Trustee shall file copies of the records pertaining to the Project Fund and all disbursements from
such fund with the Issuer and the Company.
c) If,after the later of the payment of all costs of the Project requested by the Company
or ninety(90)days after the filing of the Completion Certificate,there shall remain any balance of
moneys in the Project Fund, the Issuer shall direct the Trustee to transfer all moneys then in such
Project Fund to the Bond Fund.
Deposit of TIF Revenues. On or before the business day immediately preceding
each January 5 and July 5,commencing 5,202_,the Issuer shall transfer to the Trustee
for deposit to the Bond Fund the TIF Revenues received by the Issuer, but no more than shall be
necessary for the payment of the principal of and interest on the Bonds on the immediately
succeeding February 1 or August 1 (taking into consideration any amounts currently deposited
therein)together with Trustee fees coming due within the next six(6)months. Any remaining TIF
Revenues shall be transferred by the Issuer to the Trustee to be applied by the Trustee to pay any
overdue principal and interest on outstanding Bonds (with such amounts being applied first to
overdue interest and then to overdue principal),with interest continuing to accrue on such overdue
principal amounts at the stated rate on such Bonds until paid.
Trust Funds. All moneys and securities received by the Trustee under the
provisions of this Indenture, shall be trust funds under the terms hereof and shall not be subject to
lien or attachment of any creditor of the Issuer or of the Company. Such moneys shall be held in
trust and applied in accordance with the provisions of this Indenture.
Investment. Moneys on deposit in the Funds established in this Article IV hereof shall be invested
as provided in Section 6.6 hereof.
End of Article IV)
20
ARTICLE V.
REDEMPTION OF BONDS BEFORE MATURITY
Redemption Dates and Prices. The Bonds maturing on or after 1, 20_, are subject
to redemption prior to maturity at the option of the Issuer on or after 1, 20 , upon
thirty (30) days' notice, in whole or in part, in order of maturity determined by Issuer and by lot
within maturities, at face value, plus accrued interest to the date fixed for redemption.
If fewer than all of the Bonds at the time outstanding are to be called for redemption,
the maturities of Bonds or portions thereof to be redeemed shall be in inverse order of maturity. If
fewer than all of the Bonds within a maturity are to be redeemed, the Trustee shall apply moneys
available for redemption on a pro rata basis,based on the respective portion of the principal amount
of Bonds held by the respective owners of the Bonds within such maturity that shall be redeemed.
Notice of Redemption. In the case of redemption of Bonds pursuant to Section 5.1 hereof, notice
of the call for any such redemption identifying the Bonds,or portions of fully registered Bonds,to
be redeemed shall be given by mailing a copy of the redemption notice by first class mail not less
than thirty (30) days nor more than sixty (60) days prior to the date fixed for redemption to the
registered owner of each Bond to be redeemed at the address shown on the registration books.
Such notice of redemption shall specify the Bond numbers and called amounts of each Bond, the
redemption date, redemption price, interest rate, maturity date and the name and address of the
Trustee; provided, however,that failure to give such notice by mailing,or any defect therein,with
respect to any such registered Bond shall not affect the validity of any proceedings for the
redemption of other Bonds. In the event of a partial redemption the Bonds shall be redeemed in
inverse order of maturity.
On and after the redemption date specified in the aforesaid notice, such Bonds, or
portions thereof, thus called shall not bear interest, shall no longer be protected by this Indenture
and shall not be deemed to be outstanding under the provisions of this Indenture, and the holders
thereof shall have the right only to receive the redemption price thereof plus accrued interest
thereon to the date fixed for redemption.
Cancellation. All Bonds which have been redeemed in whole shall be canceled and cremated or
otherwise destroyed by the Trustee and shall not be reissued and a counterpart of the certificate of
cremation or other destruction evidencing such cremation or other destruction shall be furnished
by the Trustee to the Issuer upon request.
Redemption Payments. Prior to the date fixed for redemption in whole, funds shall be deposited
with Trustee to pay, and Trustee is hereby authorized and directed to apply such funds to the
payment of the Bonds or portions thereof called, together with accrued interest thereon to the
redemption date.Upon the giving of notice and the deposit of funds for redemption, interest on the
Bonds thus called shall no longer accrue after the date fixed for redemption. No payment in full
shall be made by the Trustee upon any Bond until such Bond shall have been delivered for payment
or cancellation or the Trustee shall have received the items required by Section 2.8 hereof with
respect to any mutilated, lost, stolen or destroyed Bond.
Filed in Clerk's r fC
J A N L 1 202621
CI Cn.:ri,, ouuin u, ;
Partial Redemption of Bonds. If fewer than all of the Bonds at the time outstanding are to be called
for redemption,the maturities of Bonds or portions thereof to be redeemed shall be selected by the
Trustee at the direction of the Issuer. If fewer than all of the Bonds within a maturity are to be
redeemed, the Trustee shall apply moneys available for redemption in inverse order of maturity.
The Trustee shall call for redemption in accordance with the foregoing provisions as many Bonds
or portions thereof as will, as nearly as practicable; exhaust the moneys available therefor.
If less than the entire principal amount of any registered Bond then outstanding is
called for redemption,then upon notice of redemption given as provided in Section 5.2 hereof,the
owner of such registered Bond may surrender such Bond to the Trustee in exchange for (a)
payment of the redemption price of, plus accrued interest on the principal amount called for
redemption and (b) a new Bond or Bonds of like series in an aggregate principal amount equal to
the unredeemed balance of the principal amount of such registered Bond, which shall be issued
without charge therefor. If the owner of a Bond elects not to surrender the Bond in exchange for
a new Bond or Bonds in accordance with clause (b) in the preceding sentence, such owner shall
make a notation indicating the principal amount of such redemption and the date thereof on the
Bond; provided the failure of the owner to note the principal amount of any partial redemption or
any inaccuracy therein, shall not affect the payment obligation of the Issuer thereunder.
End of Article V)
22
ARTICLE VI.
GENERAL COVENANTS
Payment of Principal and Interest. The Issuer covenants that it will promptly pay the principal of
and interest on every Bond issued under this Indenture at the place, on the dates and in the manner
provided herein and in said Bonds according to the true intent and meaning thereof. The principal
of and interest on the Bonds are payable solely and only from the Trust Estate (including the TIF
Revenues, the IDD Revenues, the Taxpayer Direct Payments and the Loan Payments) which is
hereby specifically pledged and assigned to the payment thereof in the manner and to the extent
herein specified, and nothing in the Bonds or in this Indenture should be considered as pledging
any other funds or assets of the Issuer or the Company. The Bonds, and the interest payable
thereon, do not and shall not represent or constitute a debt of the Issuer, the State of Indiana, or
any political subdivision or taxing authority thereof within the meaning of the provisions of the
constitution or statutes of the State of Indiana or a pledge of the faith and credit of the Issuer, the
State of Indiana, or any political subdivision or taxing authority thereof. The Bonds, as to both
principal and interest, are not an obligation or liability of the Issuer,the State of Indiana, or of any
political subdivision or taxing authority thereof, but are special limited obligations of the Issuer
and are payable solely and only from the Trust Estate(which includes the TIF Revenues,the IDD
Revenues, the Taxpayer Direct Payments and the Loan Payments) pledged and assigned for their
payment in accordance with the Indenture.Neither the faith and credit nor the taxing power of the
Issuer,the State of Indiana or any political subdivision or taxing authority thereof is pledged to the
payment of the principal of or the interest on the Bonds. The Bonds do not grant the owners or
holders thereof any right to have the Issuer, the State of Indiana or its General Assembly, or any
political subdivision or taxing authority of the State of Indiana, levy any taxes or appropriate any
funds for the payment of the principal of or interest on the Bonds. The Issuer has no taxing power
with respect to the Bonds.No covenant or agreement contained in the Bonds,the Loan Agreement
or the Indenture shall be deemed to be a covenant or agreement of any member, director, officer,
agent, attorney or employee of the Economic Development Commission, the Redevelopment
Commission or the Issuer in his or her individual capacity,and no member,director,officer,agent,
attorney or employee of the Economic Development Commission, the Redevelopment
Commission or the Issuer executing the Bonds shall be liable personally on the Bonds or be subject
to any personal liability or accountability by reason of the issuance of the Bonds.
Performance of Covenants. The Issuer covenants that it will faithfully perform at all times any
and all covenants, undertakings, stipulations and provisions contained in this Indenture, in any and
every Bond executed,authenticated and delivered hereunder and in all proceedings of its members
pertaining thereto. The Issuer represents that it is duly authorized under the constitution and laws
of the State of Indiana to issue the Bonds authorized hereby and to execute this Indenture, pledge
the TIF Revenues, the IDD Revenues, the Taxpayer Direct Payments and the Loan Payments in
the manner and to the extent herein set forth;that all action on its part for the issuance of the Bonds
and the execution and delivery of this Indenture has been duly and effectively taken, and that the
Bonds in the hands of the holders and owners thereof are and will be valid and enforceable
obligations of the Issuer according to the import thereof.
Filing of Indenture and Security Instruments. The Issuer shall cause this Indenture and all
supplements thereto as well as such other security instruments, financing statements and all
supplements thereto and other instruments as may be required from time to time to be filed in such
Filed in Clerk's Office23
JAN 1 1 2026
Bianca Tirado
City Clerk, South Bend, IN
manner and in such places as may be required by law in order to fully preserve and protect the lien
hereof and the security of the holders and owners of the Bonds and the rights of the Trustee
hereunder.
List of Bondholders. The Trustee will keep on file at the principal office of the Trustee a list of
names and addresses of the holders of all Bonds. At reasonable times and under reasonable
regulations established by the Trustee, said list may be inspected and copied by the holders and/or
owners(or a designated representative thereof)of 25%or more in principal amount of Bonds then
outstanding, such ownership and the authority of any such designated representative to be
evidenced to the satisfaction of the Trustee.
Rights Under Loan Agreement. The Issuer agrees that the Trustee in its name or in the name of
the Issuer may enforce all rights of the Issuer and all obligations of the Company under and
pursuant to the Loan Agreement(except the rights reserved to the Issuer therein)for and on behalf
of the Bondholders, whether or not the Issuer is in default hereunder.
Investment of Funds. With respect to any moneys held by the Trustee under any
Fund established hereunder,the Company and the Issuer agree that all moneys in the Project Fund
established by this Indenture may, at the written direction of the Issuer, be invested in Qualified
Investments, and all moneys in any other Fund established by this Indenture may, at the written
direction of the Issuer, be invested in Qualified Investments to the extent permitted by law. The
Trustee may conclusively rely upon the written investment direction of the Issuer as to both the
suitability and legality of the directed investments and such written direction shall be deemed to
be a certification that such investments constitute Qualified Investments. In the absence of such
direction from the Issuer, the Trustee shall hold amounts uninvested, without liability for interest
thereon. With respect to any moneys held by the Issuer under any Fund established by this
Indenture, the Issuer may invest such moneys in Qualified Investments as it deems appropriate.
Investments of moneys in the Bond Fund shall mature or be redeemable at the option of the Trustee
at the times and in the amounts necessary to provide moneys to pay the principal of and interest
on the Bonds by redemption or otherwise. All income derived from the investment of moneys on
deposit in such Fund shall be deposited in or credited to and any loss resulting from such
investment will be charged to the corresponding Fund from which such investment was made.
The Trustee is hereby authorized to trade with itself in the purchase and sale of
securities for investments.Neither the Trustee nor the Issuer shall be liable or responsible for any
loss resulting from any investment. All such investments shall be held by or under the control of
the Trustee or the Issuer, as applicable, and any income resulting therefrom shall be applied in the
manner specified in this Indenture.
Although the Issuer recognizes that it may obtain a broker confirmation or written
statement containing comparable information at no additional cost, the Issuer agrees that
confirmations of investments are not required to be issued by the Trustee for each month in which
a monthly statement is rendered and that no statement need be rendered for any fund or account if
no activity occurred in such fund or account during such month.
The Trustee may elect, but shall not be obligated, to credit the funds and accounts
held by the Trustee with moneys representing income or principal payments due on, or sales
proceeds due in respect of, Qualified Investments in such funds and accounts, or to credit to
Qualified Investments intended to be purchased with such moneys, in each case before actually
24
receiving the requisite moneys from the payment source,or to otherwise advance funds for account
transactions. The Issuer acknowledges that the legal obligation to pay the purchase price of any
Qualified Investment arises immediately at the time of the purchase. Notwithstanding anything
else in this Indenture to the contrary, (i) any such crediting of funds or assets shall be provisional
in nature,and the Trustee shall be authorized to reverse any such transactions or advances of funds
in the event that it does not receive good funds with respect thereto, and (ii) nothing in this
Indenture shall constitute a waiver of any of the Trustee's rights as a securities intermediary under
Uniform Commercial Code § 9-206.
Non-presentment of Bonds. In the event any Bond shall not be presented for payment when the
principal thereof becomes due,upon final maturity or redemption in full, if funds sufficient to pay
any such Bond shall have been made available to Trustee for the benefit of the holder or holders
thereof, all liability of Issuer to the holder thereof for the payment of such Bond shall forthwith
cease, determine and be completely discharged, and thereupon it shall be the duty of Trustee to
hold such funds for five(5)years without liability for interest thereon; for the benefit of the holder
of such Bond, who shall thereafter be restricted exclusively to such funds, for any claim of
whatever nature on his part under this Indenture or on, or with respect to, such Bond.
Any moneys so deposited with and held by the Trustee not so applied to the
payment of Bonds within five (5) years after the date on which the same shall become due shall
be repaid by Trustee to the Issuer and thereafter Bondholders shall be entitled to look only to the
Issuer for payment, and then only to the extent of the amount so repaid.
Notwithstanding anything herein to the contrary, the Bonds shall only need to be
presented and surrendered for payment upon the final maturity or optional redemption thereof.
Ownership; Instruments of Further Assurance. The Issuer covenants that it will
defend its interest in the Loan Agreement to the Trustee, for the benefit of the holders and owners
of the Bonds against the claims and demands of all persons whomsoever. The Issuer covenants
that it will do,execute,acknowledge and deliver or cause to be done,executed,acknowledged and
delivered, such indentures supplemental hereto and such further acts, instruments and transfers as
the Trustee may reasonably require for the better assuring, transferring, mortgaging, conveying,
pledging, assigning and confirming unto the Trustee, the Loan Agreement.
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Rights Under Loan Agreement. The Issuer agrees that the Trustee in its name or in
the name of the Issuer may enforce all rights of the Issuer and all obligations of the Company
under and pursuant to the Loan Agreement for and on behalf of the Bondholders, whether or not
the Issuer is in default hereunder.
End of Article VI)
26
ARTICLE VII.
DEFAULTS AND REMEDIES
Events of Default. Each of the following events is hereby declared an "event of default," that is
to say, if
a) payment of any amount payable on the Bonds shall not be made when the same is
due and payable; or
b) any event of default as defined in Section 6.1 of the Loan Agreement shall occur
and be continuing; or
c) any event of default shall occur under the Taxpayer Agreement or the Development
Agreement and be continuing; or
d) the Issuer shall default in the due and punctual performance of any other of the
covenants, conditions, agreements and provisions contained in the Bonds or in this Indenture or
any agreement supplemental hereof on the part of the Issuer to be performed, and such default
shall continue for thirty (30) days after written notice specifying such default and requiring the
same to be remedied shall have been given to the Issuer and the Company by the Trustee, which
may give such notice in its discretion and shall give such notice at the written request of the holders
of all of the Bonds then outstanding hereunder;or
e) the Issuer shall fail to apply collected TIF Revenues as required by Article IV of
this Indenture.
Acceleration. Upon the happening of any event of default specified in clause (a),
b), (c), or (d) of Section 7.1 and the continuance of the same for the period, if any, specified in
that Section, the Trustee, by notice in writing delivered to the Issuer and the Company, at the
written direction of the Requisite Bondholders shall declare the entire unpaid principal amount of
the Bonds then outstanding, and the interest accrued thereon, to be immediately due and payable.
The Issuer's obligation to pay TIF Revenues or IDD Revenues shall not be subject to acceleration.
Remedies: Rights of Bondholders.
a) If an event of default occurs,with the consent of Requisite Bondholders,the
Trustee may pursue any available remedy by suit at law or in equity to
enforce the payment of the principal of,premium, if any,and interest on the
Bonds then outstanding,to enforce any obligations of the Issuer hereunder,
and of the Company under the Loan Agreement and the Taxpayer
Agreement.
b) Upon the occurrence of an event of default, if directed to do so by the
Requisite Bondholders and if indemnified as provided in Section 8.1 hereof,
the Trustee shall be obliged to exercise such one or more of the rights and
powers conferred by this Article as the Trustee, being advised by counsel,
shall deem most expedient in the interests of the Bondholders.
Filed in Clerk's Office
27 JAN 2 1 2026
Bianca Tirado
City Clerk, South Lund, IN
c) No remedy by the terms of this Indenture conferred upon or reserved to the
Trustee (or to the Bondholders) is intended to be exclusive of any other
remedy, but each and every such remedy shall be cumulative and shall be
in addition to any other remedy given to the Trustee or to the Bondholders
hereunder or now or hereafter existing at law or in equity or by statute.
d) No delay or omission to exercise any right or power accruing upon any
event of default shall impair any such right or power or shall be construed
to be a waiver of any event of default or acquiescence therein, and every
such right and power may be exercised from time to time as may be deemed
expedient.
e) No waiver of any event of default hereunder, whether by the Trustee or by
the Bondholders, shall extend to or shall affect any subsequent event of
default or shall impair any rights or remedies consequent thereon.
Right of Bondholders to Direct Proceedings. The Requisite Bondholders shall have the right, at
any time,by an instrument or instruments in writing executed and delivered to the Trustee,to direct
the time, the method and place of conducting all proceedings to be taken in connection with the
enforcement of the terms and conditions of this Indenture, or for the appointment of a receiver or
any other proceedings hereunder; provided, that such direction shall not be otherwise than in
accordance with the provisions of law and of this Indenture.
Application of Moneys.
Notwithstanding anything herein to the contrary, all moneys received by the
Trustee pursuant to any right given or action taken under the provisions of this Article and any
other moneys held as part of the Trust Estate shall, after payment of the cost and expenses of the
proceedings resulting in the collection of such moneys and of the outstanding fees, expenses,
liabilities and advances incurred or made by the Trustee or the Issuer, and the creation of a
reasonable reserve for anticipated fees, costs and expenses, be deposited in the Bond Fund and all
moneys in the Bond Fund shall be applied as follows:
1) Unless the principal of all the Bonds shall have become or shall have been declared
due and payable, all such moneys shall be applied:
First: To the payment to the persons entitled thereto of all installments of interest
then due on the Bonds, in the order of the maturity of the installments of such interest,and
if the amount available shall not be sufficient to pay in full any particular installment, then
to the payment ratably, according to the amounts due on such installment, to the persons
entitled thereto,without any discriminations or privilege;
Second: To the payment to the persons entitled thereto of the unpaid principal of
and premium, if any, of the Bonds which shall have become due (other than Bonds called
for redemption for the payment of which moneys are held pursuant to the provisions of this
Indenture), in the order of their due dates, with interest on such Bonds from the respective
dates upon which they become due, and if the amount available shall not be sufficient to
pay in full Bonds due on any particular date, together with such interest, then to the
payment ratably, according to the amount of principal due on such date, to the persons
entitled thereto without any discrimination or privilege; and
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Third: To the payment of the balance, if any, to the Company or its successors or
assigns, upon the written request of the Company or to whomsoever may be lawfully
entitled to receive the same upon its written request, or as any court of competent
jurisdiction may direct, except for any remaining TIF Revenues which shall be paid to the
Redevelopment Commission.
2) If the principal of all the Bonds shall have become due or shall have been declared
due and payable,all such moneys shall be applied to the payment of the principal and interest then
due and unpaid upon the Bonds, without preference or priority of principal over interest or of
interest over any other installment of interest, according to the amounts due respectively for
principal and interest,to the persons entitled thereto without any discrimination or privilege.
3) If the principal of all the Bonds shall have been declared due and payable, and if
such declaration shall thereafter have been rescinded and annulled under the provisions of this
Article then,subject to the provisions of subsection(b)of this Section in the event that the principal
of all the Bonds shall later become due or be declared due and payable,the moneys shall be applied
in accordance with the provisions of subsection(a)of this Section.
Whenever moneys are to be applied pursuant to the provisions of this Section, such
moneys shall be applied at such times,and from time to time,as the Trustee shall determine,having
due regard to the amount of such moneys available for application and the likelihood of additional
moneys becoming available for such application in the future. Whenever the Trustee shall apply
such funds,it shall fix the date(which shall be an interest payment date unless it shall deem another
date more suitable) upon which such application is to be made and upon such date interest on the
amounts of principal to be paid on such dates shall cease to accrue. The Trustee shall give such
notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of
any such date and shall not be required to make payment to the holder of any Bond until such Bond
shall be presented to the Trustee for appropriate endorsement or for cancellation if fully paid.
Remedies Vested In Trustee. All rights of action(including the right to file proof of claims)under
this Indenture or under any of the Bonds may be enforced by the Trustee without the possession
of any of the Bonds or the production thereof in any trial or other proceedings relating thereto, and
any such suit or proceeding instituted by the Trustee shall be brought in its name as Trustee without
the necessity of joining as plaintiffs or defendants any holders of the Bonds, and any recovery of
judgment shall, subject to the provisions of Section 7.5 hereof, be for the equal benefit of the
holders of the outstanding Bonds.
Rights and Remedies of Bondholders. No holder of any Bond shall have any right to institute any
suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the
execution of any trust thereof or for the appointment of a receiver or any other remedy hereunder,
unless a default has occurred of which the Trustee has been notified as provided in subsection(g)
of Section 8.1, or of which by said subsection it is deemed to have notice, nor unless also such
default shall have become an event of default and the Requisite Bondholders shall have made
written request to the Trustee and shall have offered reasonable opportunity either to proceed to
exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own
name,nor unless also they have offered to the Trustee indemnity as provided in Section 8.1 hereof,
nor unless the Trustee shall thereafter fail or refuse to exercise the powers hereinbefore granted,
or to institute such action, suit or proceeding in its, his, or their own name or names. Such
notification, request and offer of indemnity are hereby declared in every case at the option of the
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Trustee to be conditions precedent to the execution of the powers and trusts of this Indenture, and
to any action or cause of action for the enforcement of this Indenture, or for the appointment of a
receiver or for any other remedy hereunder; it being understood and intended that no one or more
holders of the Bonds shall have any right in any manner whatsoever to affect, disturb or prejudice
the lien of this Indenture by its, his or their action or to enforce any right hereunder except in the
manner herein provided, and that all proceedings at law or in equity shall be instituted, had and
maintained in the manner herein provided and for the equal benefit of the holders of all Bonds then
outstanding. Nothing in this Indenture contained shall, however, affect or impair the right of any
Bondholder to enforce the covenants of the Issuer to pay the principal of and interest on each of
the Bonds issued hereunder to the respective holders thereof at the time, place, from the source
and in the manner in said Bonds expressed.
Termination of Proceedings. In case the Trustee shall have proceeded to enforce any right under
this Indenture by the appointment of a receiver,or otherwise,and such proceedings shall have been
discontinued or abandoned for any reason, or shall have been determined adversely, then and in
every such case the Issuer,the Company and the Trustee shall be restored to their former positions
and rights hereunder, and all rights, remedies and powers of the Trustee shall continue as if no
such proceedings had been taken.
Waivers of Events of Default. At the written direction of the Requisite Bondholders the Trustee
may in its discretion waive any event of default hereunder and its consequences and rescind any
declaration of maturity of principal of and interest on the Bonds, and shall do so upon the written
request of the holders of(1) all the Bonds then outstanding in respect of which default in the
payment of principal or interest exists, or (2) all Bonds then outstanding in the case of any other
default; provided, however,that there shall not be waived without the consent of all Bondholders
a) any event of default in the payment of the principal of any outstanding Bonds at the date of
maturity specified therein, or(b) any default in the payment when due of the interest on any such
Bonds unless prior to such waiver or rescission, arrears of interest, with interest (to the extent
permitted by law) at the rate borne by the Bonds in respect of which such default shall have
occurred on overdue installments of interest or all arrears of payments of principal when due, as
the case may be, and all expenses of the Trustee in connection with such default shall have been
paid or provided for, and in case of any such waiver or rescission, or in case any proceeding taken
by the Trustee on account of any such default shall have been discontinued or abandoned or
determined adversely, then and in every such case the Issuer, the Trustee and the Bondholders
shall be restored to their former positions and rights hereunder, respectively, but no such waiver
or rescission shall extend to any subsequent or other default, or impair any right consequent
thereon.
End of Article VII)
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ARTICLE VIII.
THE TRUSTEE
Acceptance of the Trusts. The Trustee hereby accepts the trusts imposed upon it by this Indenture,
and agrees to perform said trusts as a corporate trustee ordinarily would perform said trusts under
a corporate indenture, but no implied covenants or obligations shall be read into this Indenture
against the Trustee.
a) The Trustee may execute any of the trusts or powers hereof and perform any of its
duties by or if appointed through attorneys, agents, receivers or employees but shall not be
answerable for the conduct of the same in accordance with the standard specified above, and shall
be entitled to advice of counsel concerning all matters of trusts hereof and the duties hereunder,
and may in all cases pay such reasonable compensation to all such attorneys, agents, receivers and
employees as may reasonably be employed in connection with the trusts hereof. The Trustee may
act upon the opinion or advice of any attorney(who may be the attorney or attorneys for the Issuer
or the Company). The Trustee shall not be responsible for any loss or damage resulting from any
action or non-action in good faith in reliance upon such opinion or advice.
b) The Trustee shall not be responsible for any recital herein, or in the Bonds(except
in respect to the certificate of the Trustee endorsed on the Bonds), or for insuring the property
herein conveyed or collecting any insurance moneys, or for the validity of the execution by the
Issuer of this Indenture or of any supplements thereto or instruments of further assurance, or for
the sufficiency of the security for the Bonds issued hereunder or intended to be secured hereby, or
for the value or title of the property herein conveyed or otherwise as to the maintenance of the
security hereof;and the Trustee shall not be bound to ascertain or inquire as to the performance or
observance of any covenants, conditions or agreements on the part of the Issuer or on the part of
the Company under the Loan Agreement, the Taxpayer Agreement or the Development
Agreement; but the Trustee may require of the Issuer or the Company full information and advice
as to the performance of the covenants, conditions and agreements aforesaid as to the condition of
the property herein conveyed.The Trustee shall have no obligation to perform any of the duties of
the Issuer under the Loan Agreement, and the Trustee shall not be responsible or liable for any
loss suffered in connection with any investment of funds made by it in accordance with the
provisions of this Indenture.
c) The Trustee shall not be accountable for the use of any Bonds authenticated by it
or delivered hereunder. The Trustee may become the owner of Bonds secured hereby with the
same rights which it would have if not Trustee.
d) The Trustee shall be protected in acting upon any notice, request, consent,
certificate,order, affidavit, letter,telegram or other paper or document believed to be genuine and
correct and to have been signed or sent by the proper person or persons. Any action taken by the
Trustee pursuant to this Indenture upon the request or authority or consent of any person who at
the time of making such request or giving such authority or consent is the owner of any Bonds,
shall be conclusive and binding upon all future owners of the same Bond and upon Bonds issued
in exchange therefor or in place thereof.
Filed in Clerk's Office
3 I JAN 2 1 2026
Bianca Tirado
City Clerk,South Bond, IN
e) As to the existence or non-existence of any fact or as to the sufficiency or validity
of any instrument,paper or proceeding,the Trustee shall be entitled to rely upon a certificate signed
on behalf of the Issuer or the Company by its duly authorized officers as sufficient evidence of the
facts therein contained and prior to the occurrence of a default of which the Trustee has been
notified as provided in subsection (g) of this Section, or of which said subsection it is deemed to
have notice, shall also be at liberty to accept a similar certificate to the effect that any particular
dealing,transaction or action is necessary or expedient,but may at its discretion secure such further
evidence deemed necessary or advisable, but shall in no case be bound to secure the same. The
Trustee may accept a certificate of the Issuer or the Company under its seal to the effect that an
ordinance or resolution in the form therein set forth has been adopted by the Issuer or the Company
as conclusive evidence that such ordinance or resolution has been duly adopted,and is in full force
and effect.
f) The duties and obligations of the Trustee shall be determined solely by the express
provisions of this Indenture, and the Trustee shall not be liable except for the performance of such
duties and obligations as are specifically set forth in this Indenture, and no implied covenants or
obligations shall be read into this Indenture against the Trustee. The permissive right of the Trustee
to do things enumerated in this Indenture shall not be construed as a duty; provided, however,the
foregoing shall not affect the duties of the Trustee expressly set forth herein.The Trustee shall not
be answerable for other than its gross negligence or willful misconduct.
g) The Trustee shall not be required to take notice or be deemed to have notice of any
event of default hereunder(other than payment of the principal and interest on the Bonds) unless
the Trustee shall be specifically notified in writing of such default by the Issuer or by the holders
of at least twenty-five percent(25%) in aggregate principal amount of all Bonds then outstanding
and all notices or other instruments required by this Indenture to be delivered to the Trustee must,
in order to be effective, be delivered at the principal corporate trust office of the Trustee, and in
the absence of such notice so delivered, the Trustee may conclusively assume there is no default
except as aforesaid.
h) At any and all reasonable times and upon reasonable prior written notice, the
Trustee, and its duly authorized agents, attorneys, experts, engineers, accountants and
representatives, shall have the right fully to inspect the Project, and to take such memoranda from
and in regard thereto as may be desired.
i) The Trustee shall not be required to give any Bonds or surety in respect of the
execution of the said trusts and powers or otherwise in respect of the premises.
j) Notwithstanding anything elsewhere in this Indenture contained, the Trustee shall
have the right,but shall not be required,to demand, in respect of the authentication of any Bonds,
the withdrawal of any cash, the release of any property, or any action whatsoever within the
purview of this Indenture,any showings,certificates,opinions,appraisals or other information,or
corporate action or evidence thereof, in addition to that by the terms hereof required as a condition
of such action by the Trustee,deemed desirable for the authentication of any Bonds,the withdrawal
of any cash, or the taking of any other action by the Trustee.
k) Before taking any action under this Section 8.1 the Trustee may require that a
satisfactory indemnity bond be furnished for the reimbursement of all expenses to which it may be
put and to protect it against all liability,except liability which is adjudicated to have resulted from
32
its gross negligence or willful misconduct in connection with any action so taken. Such indemnity
shall survive the termination of this Indenture.
I) All moneys received by the Trustee shall,until used or applied or invested as herein
provided,be held in trust for the purposes for which they were received but need not be segregated
from other funds except to the extent required by law. The Trustee shall not be under any liability
for interest on any moneys received hereunder except such as may be agreed upon.
m) If any event of default under this Indenture of which the Trustee has knowledge or
is deemed to have knowledge pursuant to subsection (g) of this Section 8.1 shall have occurred
and be continuing, the Trustee shall exercise such of the rights and powers vested in it by this
Indenture and shall use the same degree of care as a prudent man would exercise or use in the
circumstances in the conduct of his own affairs.
n) The Trustee agrees to accept and act upon instructions or directions pursuant to this
Indenture sent by Electronic Means (as hereinafter defined), provided, however, that the Issuer
and the Company shall provide to the Trustee an incumbency certificate listing designated persons
authorized to provide such instructions,which incumbency certificate shall be amended whenever
a person is to be added or deleted from the listing. "Electronic Means" shall mean the following
communications methods: a portable document format("pdf')or other replicating image attached
to an e-mail, facsimile transmission, secure electronic transmission containing applicable
authorization codes, passwords and/or authentication keys issued by the Trustee, or another
method or system specified by the Trustee as available for use in connection with its services
hereunder. If the Issuer and the Company elect to give the Trustee instructions by Electronic Means
and the Trustee in its discretion elects to act upon such instructions, the Trustee's understanding
of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses,
costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance
with instructions delivered by Electronic Means notwithstanding such instructions conflict or are
inconsistent with a subsequent written instruction. The Issuer and the Company agree to assume
all risks arising out of the use of Electronic Means to submit instructions and directions to the
Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions,
and the risk or interception and misuse by third parties.
Fees,Charges and Expenses of the Trustee and Paying Agent. The Trustee and Paying Agent shall
be entitled to payment and/or reimbursement for reasonable fees for its services rendered
hereunder and all advances, counsel fees and other expenses reasonably and necessarily made or
incurred by the Trustee or Paying Agent in connection with such services. Upon an event of
default, but only upon an event of default, the Trustee shall have a right of payment prior to
payment on account of interest on or principal of any Bond for the foregoing advances, fees,costs
and expenses incurred.
Notice to Bondholders if Default Occurs. If an event of default occurs of which the Trustee is by
subsection (g) of Section 8.1 hereof required to take notice or if notice of an event of default be
given as in said subsection (g) provided, then the Trustee shall give written notice thereof by
registered or certified mail to the last known holders of all Bonds then outstanding shown by the
list of Bondholders required by the terms of this Indenture to be kept at the office of the Trustee.
Intervention by Trustee. In any judicial proceeding to which the Issuer is a party and which in the
reasonable judgment of the Trustee and its counsel has a substantial bearing on the interests of
33
holders of the Bonds, the Trustee may intervene on behalf of Bondholders and, subject to the
provisions of Section 8.1(1), shall do so if requested in writing by the Requisite Bondholders. The
rights and obligations of the Trustee under this Section are subject to the approval of a court of
competent jurisdiction.
Successor Trustee. Any corporation or association into which the Trustee may be converted or
merged,or with which it may be consolidated,or to which it may sell or transfer its corporate trust
business and assets as a whole or substantially as a whole, or any corporation or association
resulting from any such conversion, sale, merger, consolidation or transfer to which it is a party,
ipso facto, shall be and become successor Trustee hereunder and vested with all of the title to the
whole property or trust estate and all the trusts, powers,discretions, immunities, privileges and all
other matters as was its predecessor, without the execution or filing of any instrument or any
further act, deed or conveyance on the part of any of the parties hereto, anything herein to the
contrary notwithstanding.
Resignation by the Trustee. The Trustee and any successor Trustee may at any time resign from
the trusts hereby created by giving thirty days' written notice to the Issuer and the Company and
by registered or certified mail to each registered owner of Bonds then outstanding and to each
holder of Bonds as shown by the list of Bondholders required by this Indenture to be kept at the
office of the Trustee, and such resignation shall take effect at the end of such thirty (30) days, or
upon the earlier appointment of a successor Trustee by the Bondholders or by the Issuer. Such
notice to the Issuer and the Company may be served personally or sent by registered or certified
mail.
Removal of the Trustee. The Trustee may be removed at any time by an instrument or concurrent
instruments in writing delivered to the Trustee and to the Issuer and signed by all the Bondholders.
Appointment of Successor Trustee by the Bondholders; Temporary Trustee. In case the Trustee
hereunder shall resign or be removed, or be dissolved, or shall be in course of dissolution or
liquidation, or otherwise become incapable of acting hereunder, or in case it shall be taken under
control of any public officer or officers, or of a receiver appointed by a court, a successor may be
appointed by the owners of a majority in aggregate principal amount of Bonds then outstanding,
by an instrument or concurrent instruments in writing signed by such owners,or by their attorneys-
in-fact, duly authorized; provided, nevertheless, that in case of such vacancy, the Issuer, by an
instrument executed by one of its duly authorized officers,may appoint a temporary Trustee to fill
such vacancy until a successor Trustee shall be appointed by the Bondholders in the manner above
provided; and any such temporary Trustee so appointed by the Issuer shall immediately and
without further act be superseded by the Trustee so appointed by such Bondholders. Every such
Trustee appointed pursuant to the provisions of this Section shall be a trust company or Bank,
having a reported capital and surplus of not less than Fifty Million Dollars ($50,000,000) if there
be such an institution willing, qualified and able to accept the trust upon reasonable or customary
terms.
Concerning Any Successor Trustees. Every successor Trustee appointed hereunder shall execute,
acknowledge and deliver to its predecessor and also to the Issuer and the Company an instrument
in writing accepting such appointment hereunder, and thereupon such successor, without any
further act, deed or conveyance, shall become fully vested with all the estates, properties, rights,
powers, trusts, duties and obligations of its predecessor; but such predecessor shall, nevertheless,
on the written request of the Issuer, or of its successor, execute and deliver an instrument
34
transferring to such successor Trustee all the estates, properties, rights, powers and trusts of such
predecessor hereunder;and every predecessor Trustee shall deliver all securities and moneys held
by it as Trustee hereunder to its successor. Should any instrument in writing from the Issuer be
required by any successor Trustee for more fully and certainly vesting in such successor the estate,
rights, powers and duties hereby vested or intended to be vested in the predecessor any and all
such instruments in writing shall, on request, be executed, acknowledged and delivered by the
Issuer.The resignation of any Trustee and the instrument or instruments removing any Trustee and
appointing a successor hereunder, together with all other instruments provided for in this Article
shall be filed by the successor Trustee in each office, if any, where the Indenture shall have been
filed.
Trustee Protected in Relying Upon Resolutions, etc. The resolutions, ordinances, opinions,
certificates and other instruments provided for in this Indenture or the Loan Agreement may be
accepted by the Trustee as conclusive evidence of the facts and conclusions stated therein and shall
be full warrant, protection and authority to the Trustee for the release of property, the withdrawal
of cash or the taking of any other action authorized hereunder; provided, that in the case of any
such document specifically required to be furnished to the Trustee hereby or by the Loan
Agreement, the Trustee shall be under a duty to examine the same to determine whether or not it
conforms to the requirements hereof or thereof.
Section 8.11 Appointment of Paying Agent and Registrar; Resignation or
Removal of Paying Agent. The Trustee is hereby appointed"Paying Agent"under
this Indenture. Any Paying Agent may at any time resign and be discharged of the duties and
obligations created by this instrument and any supplemental indenture by giving at least 30 days'
written notice to the Issuer,the Company and the Trustee. Any Paying Agent may be removed at
any time by an instrument, filed with such Paying Agent and the Trustee and signed by the Issuer
and the Company. Any successor Paying Agent shall be appointed by the Issuer at the direction
of the Company and shall be a bank or trust company duly organized under the laws of any state
of the United States or a national banking association, in each case having a capital stock and
surplus aggregating at least$100,000,000,willing and able to accept the office on reasonable and
customary terms and authorized by law to perform all the duties imposed upon it by this Indenture.
In the event of the resignation or removal of any Paying Agent, such Paying Agent
shall pay over, assign and deliver any moneys or securities held by it as Paying Agent to its
successors, or if there is no successor,to the Trustee.
End of Article VIII)
35
ARTICLE IX.
SUPPLEMENTAL INDENTURES
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may
without the consent of, or notice to, any of the Bondholders, enter into an indenture or indentures
supplemental to this Indenture; as shall not be inconsistent with the terms and provisions hereof,
for any one or more of the following purposes:
a) To cure any ambiguity or formal defect or omission in this Indenture;
b) To grant to or confer upon the Trustee for the benefit of the Bondholders any
additional rights,remedies,powers or authority that may lawfully be granted to or conferred upon
the Bondholders or the Trustee or any of them;
c) To subject to this Indenture additional revenues, properties or collateral;
d) To make any other change in this Indenture which is not to the prejudice of the
Trustee,the Issuer or the holders of the Bonds;
e) To modify, amend or supplement the Indenture in such manner as required to
permit the qualification thereof under the Trust Indenture Act of 1939, as amended,or any similar
Federal statute hereafter in effect, and, if they so determine, to add to the Indenture such other
terms, conditions and provisions as may be required by said Trust Indenture Act of 1939, as
amended, or similar federal statute; or
f) To achieve compliance of this Indenture with any applicable federal securities or
tax law.
Supplemental Indentures Requiring Consent of Bondholders. Exclusive of supplemental
indentures covered by Section 9.1 hereof, and subject to the terms and provisions contained in this
Section, and not otherwise, the Requisite Bondholders shall have the right, from time to time,
anything contained in this Indenture to the contrary notwithstanding,to consent to and approve the
execution by the Issuer and the Trustee of such other indenture or indentures supplemental hereto
as shall be deemed necessary and desirable by the Issuer for the purpose of modifying, altering,
amending, adding to or rescinding, in any particular, any of the terms or provisions contained in
this Indenture or in any supplemental indenture; provided however, that nothing in this section
contained shall permit or be construed as permitting (except as otherwise permitted in this
Indenture) (a) an extension of the stated maturity or reduction in the principal amount of, or
reduction in the rate or extension of the time of paying of interest on, any Bonds, without the
consent of the holder of such Bond, or (b) a reduction in the amount or extension of the time of
any payment required by any sinking fund applicable to any Bonds without the consent of the
holders of all the Bonds which would be affected by the action to be taken, or (c) a reduction in
the aforesaid aggregate principal amount of Bonds the holders of which are required to consent to
any such supplemental indenture, without the consent of the holders of all the Bonds at the time
outstanding which would be affected by the action to be taken, or(d) a modification of the rights,
duties or immunities of the Trustee, without the written consent of the Trustee, or (e) a privilege
or priority of any Bond over any other Bonds, or (f) deprive the owners of any Bonds then
outstanding of the lien thereby created.
36 Filed in Clerk's Office
JAN 2 1 2026
Bianca Tirade
City Clerk, South bu:ru!, IN
Anything herein to the contrary notwithstanding, a supplemental indenture under
this Article which materially affects any rights of the Company shall not become effective unless
and until the Company shall have consented in writing to the execution and delivery of such
supplemental indenture. In this regard, the Trustee shall cause notice of the proposed execution
and delivery of any such supplemental indenture together with a copy of the proposed
supplemental indenture to be mailed by certified or registered mail to the Company at least fifteen
15)days prior to the proposed date of execution and delivery of any such supplemental indenture.
Opinion of Counsel. The Trustee shall receive prior to its entry into any
supplemental indenture under this Article IX, and shall be fully protected in relying upon, the
opinion of any counsel approved by it who may be counsel for the Issuer, as conclusive evidence
that any such proposed supplemental indenture complies with the provisions of this Indenture,and
that it is proper for the Trustee, under the provisions of this Article IX,to join in the execution of
such supplemental indenture.
End of Article IX)
37
ARTICLE X.
AMENDMENTS TO THE LOAN AGREEMENT
Amendments etc.,to Loan Agreement Not Requiring Consent of Bondholders. The Issuer and the
Trustee with the consent of the Company shall,without the consent of or notice to the Bondholders,
consent to any amendment, change or modification of the Loan Agreement as may be required(i)
by the provisions of the Loan Agreement and this Indenture, or (ii) for the purpose of curing any
ambiguity or formal defect or omission therein,or(iii)in connection with any other change therein
which, in the judgment of the Trustee (who may rely upon the advice and opinion of counsel), is
not to the prejudice of the Trustee,the Issuer or the holders of the Bonds.
Amendments etc., to Loan Agreement Requiring Consent of Bondholders. Except for the
amendments, changes or modifications as provided in Section 10.1 hereof, neither the Issuer nor
the Trustee shall consent to any other amendment, change or modification of the Loan Agreement
without the written approval or consent of the Requisite Bondholders given and procured as
provided in Section 9.2 hereof.
Opinion of Counsel. The Trustee shall receive prior to consenting to any
amendment to the Loan Agreement under this Article X, and shall be fully protected in relying
upon,the opinion of any counsel approved by it who may be counsel for the Issuer, as conclusive
evidence that any such consent complies with the provisions of this Indenture,and that it is proper
for the Trustee, under the provisions of this Article X, to consent to such amendment to the Loan
Agreement.
End of Article X)
Filoci in C is rl, .. „'
JAN L 1 2026
Bianca Tirado
38 City Clerk, South Bend, IN
ARTICLE XI.
MISCELLANEOUS
Satisfaction and Discharge. All rights and obligations of the Issuer and the Company under this
Indenture shall terminate, and such instruments shall cease to be of further effect, and the Trustee
shall execute and deliver all appropriate instruments evidencing and acknowledging the
satisfaction of this Indenture, and shall assign and deliver to the Company any moneys and
investments in the Project Fund and shall assign and deliver to the Issuer any moneys and
investments held in any other Fund under this Indenture when:
a) all fees and expenses of the Trustee and Paying Agent shall have been paid;
b) the Issuer and the Company shall have performed all of their covenants and
promises in this Indenture,the Loan Agreement and the Taxpayer Agreement; and
c) all Bonds theretofore authenticated and delivered(i)have become due and payable,
or(ii)are to be retired or called for redemption under arrangements satisfactory to the Trustee for
the giving of notice of redemption by the Trustee at the expense of the Issuer, or (iii) have been
delivered to the Trustee canceled or for cancellation; and, in the case of(i) and (ii) above, there
shall have been deposited with the Trustee either cash in an amount which shall be sufficient, or
investments(but only to the extent that the full faith and credit of the United States of America are
pledged to the timely payment thereof) the principal of and the interest on which when due will
provide moneys which, together with the moneys, if any, deposited with the Trustee, shall be
sufficient,to pay when due the principal or redemption price, if applicable, and interest due and to
become due on the Bonds and prior to the redemption date or maturity date thereof, as the case
may be.
Defeasance of Bonds. Any Bond shall be deemed to be paid and no longer
Outstanding within the meaning of this Article and for all purposes of this Indenture when (a)
payment of the principal and interest of and premium, if any, on such Bond either (i) shall have
been made or caused to be made in accordance with the terms thereof, or (ii) shall have been
provided for by irrevocably depositing with the Trustee in trust and irrevocably set aside
exclusively for such payment, (1) moneys sufficient to make such payment or (2) Government
Obligations maturing as to principal and interest in such amounts and at such times as will insure
the availability of sufficient moneys to make such payment, and(b) all necessary and proper fees,
compensation, indemnities and expenses of the Trustee and the Issuer pertaining to the Bonds with
respect to which such deposit is made shall have been paid or the payment thereof provided for.
At such time as a Bond shall be deemed to be paid hereunder, as aforesaid, such Bond shall no
longer be secured by or entitled to the benefits of this Indenture, except for the purposes of any
such payment from such moneys or Government Obligations.
Notwithstanding the foregoing, no deposit under clause (a)(ii) of the immediately
preceding paragraph shall be deemed payment of such Bonds as aforesaid until (a) proper notice
of redemption of such Bonds shall have been previously given in accordance with Section 5.2 of
this Indenture, or if the Bonds are not by their terms subject to redemption within the next
succeeding sixty(60)days,until the Issuer shall have given the Trustee, in form satisfactory to the
Trustee, irrevocable instructions to notify, as soon as practicable, the Owners of the Bonds, that
Filed in C r' '• "`
39
JAN L 1 2026
Bianca Tirado
City Clerk,South Bend, IN
the deposit required by the preceding paragraph has been made with the Trustee and that the Bonds
are deemed to have been paid in accordance with this Section 11.2 and stating the maturity or
redemption date upon which moneys are to be available for the payment of the principal of and
the applicable redemption premium, if any, on said Bonds, plus interest thereon to the due date
thereof; or(b)the maturity of such Bonds.
All moneys so deposited with the Trustee as provided in this Section 11.2 may also
be invested and reinvested, at the written direction of the Issuer, in Government Obligations,
maturing in the amounts and at the times as hereinbefore set forth, and all income from all
Government Obligations in the hands of the Trustee pursuant to this Section 11.2 which is not
required for the payment of principal of the Bonds and interest and premium, if any, thereon with
respect to which such moneys shall have been so deposited shall be deposited in the Bond Fund as
and when realized and collected for use and application as are other moneys deposited in the Bond
Fund.
Notwithstanding any provision of any other Article of this Indenture which may be
contrary to the provisions of this Section 11.2, all moneys or Government Obligations set aside
and held in trust pursuant to the provisions of this Section 11.2 for the payment of Bonds(including
premium thereon, if any) shall be applied to and used solely for the payment of the particular
Bonds(including the premium thereon, if any)with respect to which such moneys or Government
Obligations have been so set aside in trust.
Anything in Article 9 hereof to the contrary notwithstanding, if moneys or
Government Obligations have been deposited or set aside with the Trustee pursuant to this Section
11.2 for the payment of Bonds and such Bonds shall not have in fact been actually paid in full,no
amendment to the provisions of this Section 11.2 shall be made without the consent of the Owner
of each Bond affected thereby.
The right to register the transfer of or to exchange Bonds shall survive the discharge
of this Indenture.
Cancellation of Bonds. If the Owner of any Bonds presents that Bond to the Trustee
with an instrument satisfactory to the Trustee waiving all claims for payment of that Bond, the
Trustee shall cancel that Bond and the Bondholder shall have no further claim against the Trust
Estate or the Issuer with respect to that Bond.
Application of Trust Money. All money or investments deposited with or held by the Trustee
pursuant to Section 11.1 shall be held in trust for the holders of the Bonds, and applied by it, in
accordance with the provisions of the Bonds and this Indenture, to the payment, either directly or
through the Trustee,to the persons entitled thereto,of the principal and interest for whose payment
such money has been deposited with the Trustee; but such money or obligations need not be
segregated from other funds except to the extent required by law.
Consents, etc., of Bondholders. Any consent, request, direction, approval, objection or other
instrument required by this Indenture to be executed by the Bondholders may be in any number of
concurrent writings of similar tenor and may be executed by such Bondholders in person or by
agent appointed in writing. Provided,however,that wherever this Indenture requires that any such
consent or other action be taken by the holders of a specified percentage, fraction or majority of
the Bonds outstanding,any such Bonds held by or for the account of the Issuer shall not be deemed
40
to be outstanding hereunder for the purpose of determining whether such requirement has been
met. Proof of the execution of any such consent, request, direction, approval, objection or other
instrument or of the writing appointing any such agent and of the ownership of Bonds; if made in
the following manner, shall be sufficient for any of the purposes of this Indenture, and shall be
conclusive in favor of the Trustee with regard to any action taken under such request or other
instrument, namely:
a) The fact and date of the execution by any person of any such writing may be proved
by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments
within such jurisdiction that the person signing such writing acknowledged before him the
execution thereof, or by affidavit of any witness to such execution.
b) The fact of the holding by any person of Bonds transferable by delivery and the
amounts and numbers of such Bonds, and the date of the holding of the same,may be proved by a
certificate executed by any trust company, Bank or Bankers, wherever situated, stating that at the
date thereof the party named therein did exhibit to an officer of such trust company or Bank or to
such Banker, as the property of such party, the Bonds therein mentioned if such certificate shall
be deemed by the Trustee to be satisfactory. The Trustee may, in its discretion, require evidence
that such Bonds have been deposited with a Bank, Bankers or trust company, before taking any
action based on such ownership. In lieu of the foregoing, the Trustee may accept other proofs of
the foregoing as it shall deem appropriate.
For all purposes of this Indenture and of the proceedings for the enforcement
hereof, such person shall be deemed to continue to be the holder of such Bonds until the Trustee
shall have received notice in writing to the contrary.
Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed
or mentioned in or to be implied from this Indenture,or the Bonds is intended or shall be construed
to give to any person other than the parties hereto,and the Company,and the holders of the Bonds,
any legal or equitable right,remedy or claim under or in respect to this Indenture or any covenants,
conditions and provisions herein contained,this Indenture and all of the covenants,conditions and
provisions hereof being intended to be and being for the sole and exclusive benefit of the parties
hereto and the Company and the holders of the Bonds as herein provided.
Severability. If any provision of this Indenture shall be held or deemed to be or shall, in fact, be
inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions
or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions
hereof or any constitution or statute or rule of public policy, or for any other reason, such
circumstances shall not have the effect of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of rendering any other provision or provisions
herein contained invalid, inoperative, or unenforceable to any extent whatever.
The invalidity of any one or more phrases, sentences, clauses or Sections in this
Indenture contained, shall not affect:the remaining portions of this Indenture, or any part thereof.
Notices. All notices,demands,certificates or other communications hereunder shall be sufficiently
given and shall be deemed given when mailed by registered or certified mail,postage prepaid,with
proper address as indicated below (provided, however, notices, demands, certificates or other
communications to the Trustee shall be effective upon receipt by the Trustee). The Issuer, the
41
Company, and the Trustee may, by written notice given by each to the others, designate any
address or addresses to which notices,demands,certificates or other communications to them shall
be sent when required as contemplated by this Indenture. Until otherwise provided by the
respective parties, all notices, demands, certificates and communications to each of them shall be
addressed as follows:
To the Company: Colfax Corner ML, LLC
Attn.: Tom Sardelli, Vice President Development
204 Main Building
Notre Dame, IN 46556
Email: tsardelli@ancora.re
With a copy to: University of Notre Dame du Lac
415 Main Building
Notre Dame, Indiana 46556
Attention:Richard Bellis,rbellis@nd.edu
Steve Condrin, scondrin@nd.edu
To the Issuer: City of South Bend, Indiana
215 S. Dr. Martin Luther King Jr. Blvd,
Suite 500
South Bend, IN 46601
Attn: Executive Director, South Bend
Department of Community Investment
Email: cbauer@southbendin.gov
With a copy to: South Bend Legal Department
215 S. Dr. Martin Luther King Jr. Blvd.
Suite 600
South Bend, IN 46601
Attn: Corporation Counsel
Email: legaldept@southbendin.gov
To the Trustee:
All notices, approvals, consents, requests and any communications to the Trustee
hereunder or under the Loan Agreement must be in writing in English and must be in the form of
a document that is signed manually or by way of an electronic signature (including electronic
images of handwritten signatures and digital signatures provided by DocuSign,Orbit,Adobe Sign
or any other electronic signature provider acceptable to the Trustee).Electronic signatures believed
by the Trustee to comply with the ESIGN ACT of 2000 or other applicable law shall be deemed
original signatures for all purposes. If the Issuer or the Company chooses to use electronic
signatures to sign documents delivered to the Trustee, the Issuer or the Company, as applicable,
agrees to assume all risks arising out of its use of electronic signatures,including without limitation
the risk of the Trustee acting on an unauthorized document and the risk of interception or misuse
42
by third parties. Notwithstanding the foregoing, the Trustee may in any instance and in its sole
discretion require that an original document bearing a manual signature be delivered to the Trustee
in lieu of, or in addition to, any document signed via electronic signature.
Counterparts. This Indenture may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument. The
parties hereto agree that the transaction described herein may be conducted and related documents
may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other
reproductions of original executed documents shall be deemed to be authentic and valid
counterparts of such original documents for all purposes, including the filing of any claim, action
or suit in the appropriate court of law.
Applicable Law. This Indenture shall be governed exclusively by the applicable laws of the State
of Indiana.
Immunity of Officers and Directors. No recourse shall be had for the payment of the principal of
or interest on any of the Bonds or for any claim based thereon or upon any obligation,covenant or
agreement in this Indenture contained against any past, present or future members, officer,
directors, agents, attorneys or employees of the Issuer, or any incorporator, member, officer,
director, agents, attorneys, employees or trustee of any successor corporation, as such, either
directly or through the Issuer or any successor corporation,under any rule of law or equity, statute
or constitution or by the enforcement of any assessment or penalty or otherwise, and all such
liability of any such incorporator, members, officers, directors, agents, attorneys; employees or
trustees as such is hereby expressly waived and released as a condition of and consideration for
the execution of this Indenture and issuance of such Bonds.
Holidays. If any date for the payment of principal or interest on the Bonds is not a business day
then such payment shall be due on the first business day thereafter.
End of Article XI)
43
IN WITNESS WHEREOF, the City of South Bend, Indiana, has caused these presents to
be signed in its name and behalf by its Mayor and its corporate seal to be hereunto affixed and
attested by its Clerk, and to evidence its acceptance of the trusts hereby created,
has caused these presents to be signed
in its name and behalf by its duly authorized officer, all as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA
By:
Mayor
Attest:
Clerk
SEAL:
as Trustee
By:
Printed:
Title:
SIGNATURE PAGE OF THE TRUST INDENTURE]
Filed in Clerk's Office
JAN21 7025
EXHIBIT A
STATEMENT NO. REQUESTING DISBURSEMENT OF FUNDS FROM
PROJECT FUND PURSUANT TO SECTION 4.3 OF THE TRUST INDENTURE
BETWEEN THE CITY OF SOUTH BEND, INDIANA AND
Pursuant to Section 4.3 of the Trust Indenture(the"Indenture")dated as of
1, 2026, between the City of South Bend, Indiana (the "Issuer") and
the"Trustee"),the undersigned,as the Authorized
Representative(as defined in the Indenture)of Colfax Corner ML,LLC (the"Company"),
hereby requests and authorizes the Trustee, as depository of the Project Fund created by
and as defined in the Indenture to pay to the Company or to the person(s) listed on the
Disbursement Schedule attached hereto out of the moneys on deposit in the Project Fund
the aggregate sum of$ to pay such person(s) or to reimburse the Company
in full, as indicated in the Disbursement Schedule, for advances, payments and
expenditures made by it in connection with the items listed in the Disbursement Schedule.
In connection with the foregoing request and authorization,the undersigned
hereby certifies that:
a) Each item for which disbursement is requested hereunder is properly
payable out of the Project Fund in accordance with the terms and conditions of the
Indenture, and none of those items has formed the basis for any disbursement heretofore
made from the Project Fund;
b) Each such item is or was necessary in connection with the acquisition,
construction, equipping, installation or improvement of the property comprising the
Project, as defined in the Indenture;
c) This statement and all exhibits hereto, including the Disbursement
Schedule, shall be conclusive evidence of the facts and statements set forth herein and shall
constitute full warrant,protection and authority to the Trustee for its actions taken pursuant
hereto;
d) This statement constitutes the approval of the Company of each
disbursement hereby requested and authorized; and
e) To the best of our knowledge, there is no current or existing Event of
Default pursuant to the terms of the Indenture and no event exists which by notice of or
passage of time or both would constitute such Event of Default under the Indenture.
Filed in Clerk's
A-1 JAN 2 1 2026
Bianca I iruuu
City Clerk, South Bend, IN
IN WITNESS WHEREOF, the authorized representative of the Company
has set his hand as of the day of 20 .
Colfax Corner ML, LLC, an Indiana
limited liability company
By:
Printed:
i
Title:
A-2
Acknowledged and Agreed:
Date:
City of South Bend, Indiana
By:
Printed:
Title:
A-3
EXHIBIT B
COSTS OF ISSUANCE
Payee Amount
Barnes&Thornburg—Bond Counsel
Baker Tilly Municipal Advisors-Municipal Advisory
Trustee
Company's Counsel
TOTAL:
DMS 50415999v1
1pN L 1U16
B-1 Bianca Tirado
City Clerk,South Bend,IN