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HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 03.12.26 South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Agenda Regular Meeting March 12, 2026 – 9:30 a.m. City Hall Council Chambers 3rd Floor or via: https://tinyurl.com/RDC2025-2026-Meetings Meeting Recording Link: https://tinyurl.com/RDC-Meeting-Recordings 1. Roll Call • Troy Warner, President – (Council) Jan. 2026 to Dec. 2026 • Dave Relos, Vice President – (Mayor) Jan. 2026 to Dec. 2026 • Eli Wax, Secretary – (Mayor) Feb. 2026 to Dec. 2026 • Gillian Shaw, Commissioner – (Mayor) Jan. 2026 to Dec. 2026 • Ophelia Gooden-Rodgers, Commissioner – (Council) Feb. 2026 to Dec. 2026 • Marcus Ellison, Non-Voting Advisor – (School Board) Feb. 2026 to Dec. 2026 2. Approval of Minutes A. Minutes of the Regular Meeting of February 12, 2026 B. Minutes of the Regular Meeting of February 26, 2026 3. Approval of Claims A. Claims Allowance March 9, 2026 4. Old Business A. None 5. New Business A. South Side Development Area 1. Development Agreement (KCG Development LLC) B. River West Development Area 1. Budget Request (Morris Garage Design) 2. Budget Request (Demo and Design River Glenn) 3. Resolution No. 3667 (Accepting Transfer of Real Property at 821 Portage Ave & 808 Cushing St. from BPW) 4. Lease Agreement for Temporary Parking (Parking Lots at Wayne St. & Lafayette Blvd and South of Lafayette Building) C. River East Development Area 1. Budget Request (Demo of Former Qualex Building at 921 Louise St.) 2. Budget Request (Howard Park Bandshell Design) South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Page | 2 D. River East Residential Development Area 1. Budget Request (Riverwalk Improvements Seitz to Howard Phase 2) 6. Progress Reports A. Tax Abatement B. Common Council C. Other 7. Next Commission Meeting Thursday, March 26, 2026, 9:30 a.m. at Council Chambers, Room 301 8. Adjournment 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. South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Minutes Regular Meeting February 12, 2026 – 9:30 a.m. City Hall Council Chambers 3rd Floor or via: https://tinyurl.com/RDC2025-2026-Meetings Meeting Recording Link: https://tinyurl.com/RDC-Meeting-Recordings The South Bend Redevelopment Commission was called to order at 9:31 a.m. President Troy Warner presiding. 1. ROLL CALL Members Present: Troy Warner, President Dave Relos, Vice President Eli Wax, Secretary Gillian Shaw, Commissioner Ophelia Gooden-Rodgers, Commissioner Marcus Ellison, Non-Voting Advisor Legal Counsel: John Dorbin, City Attorney Redevelopment Staff: Caleb Bauer, Executive Director, DCI Erik Glavich, Director of Growth and Opportunity, DCI Lewis Kouassi, Director of Finance, DCI Joseph Molnar, Asst. Dir. of Growth and Opp., DCI Erin Michaels, Property Development Manager, DCI Tim Corcoran, Chief Planner, DCI Michael Divita, Principal Planner, DCI- Virtual Chris Dressel, Senior Planner, DCI - Virtual Allison Doctor, Project Manager, DCI Attending: Patrick Slebonick, 201 Chapin St. Matt Barrett, 110 S. Niles Ave. Juliane Balog, SB Tribune S Fro, Notre Dame Ave. Regina Emberton, 130 S. Main St. Tina Patton, 707 Sherman Ave. Nicolas Munsen, Legal Department CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 2 2. Approval of Minutes A. Approval of Minutes of the Regular Meeting of Thursday, January 22, 2026 Upon a motion by Ophelia Gooden-Rodgers for approval, second by Eli Wax, the motion carried unanimously; the Commission approved the minutes of the regular meeting of January 22, 2026. 3. Approval of Claims A. Claims Allowances January 3, 2026 Upon a motion by David Relos for approval second by Gillian Shaw, the motion carried unanimously; the Commission approved the claims allowances of January 22, 2026. 4. Old Business A. None 5. New Business A. River West Development Area 1. Public Hearing and Adopt Confirming Resolution No. 3664 (River West Economic Development Area, New Allocation Areas for IDD) Caleb Bauer, Executive Director of Community Investment, presented both 5A1 and 5A2 together. These items represent the final steps in the approval process for establishing the Innovation Development District (IDD) and issuing the related economic development bonds for the Colfax Corner ML LLC project. Item 5A1 requires a public hearing and adoption of Resolution 3664, previously approved by the Common Council with a favorable recommendation from the Plan Commission. This resolution establishes new TIF allocation areas that align with the boundaries of the Innovation Development District. Item 5A2 Resolution 3665 pledges tax increment revenues toward taxable economic development revenue bonds supporting the Colfax Corner project, a partnership between Ancora Real Estate and the University of Notre Dame. The project includes redevelopment of the former South Bend Tribune building and construction of a new office building, totaling more than 200,000 square feet, a $154 million investment, and over 400 full-time equivalent jobs. The University will occupy approximately 35% of the space, and construction is expected to use 90% local labor. Eighty-eight percent of the property tax increment will be applied to bond debt service, with the remaining 12% retained by the Commission. One hundred percent of state income and sales tax CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 3 generated by the project will also support the bonds. There is no financial obligation or backup tax levy from the City; all risk is borne by the developer, who will purchase the bonds. The project also coordinates with broader downtown stormwater management planning serving the northern downtown area. Representatives from Ancora, the University of Notre Dame, legal counsel, and municipal finance advisors are available for questions. Vice President Relos asked about the anticipated base assessed value date and Mr. Bauer stated January 1, 2026. Secretary Wax inquired about when the tax revenue will be sufficient to cover the bond. Mr. Bauer stated that typically, we use capitalized interest—three years in this case, which covers interest through issuance. After that period, debt service begins, starting at a lower level and gradually increasing over time and will be paid out of the bond proceeds. A notice was published in the South Bend Tribune on January 30, 2026, regarding the public hearing to consider the Economic Development Area, New Allocation Areas for IDD. A Public Hearing regarding the Economic Development Area, New Allocation Areas for IDD was opened to the public for comments and considerations. There were no questions or comments. The Public Hearing was closed. Commissioners Warner, Relos, Wax and Shaw thanked staff for their hard work with all of the details in this process. Upon a motion by Eli Wax for approval, seconded by Gillian Shaw, the motion carried unanimously; the Commission approved Resolution No. 3664 as presented on February 12, 2026. 2. Resolution No. 3665 (Pledging Certain Tax Increment Revenues To The Payment Of Certain Taxable Economic Development Revenue Bonds Of The City Of South Bend For The Colfax Corner ML, LLC Project) Statement Upon a motion by Eli Wax for approval, seconded by Troy Warner, the motion carried unanimously; the Commission approved Resolution No. 3665 as presented on February 12, 2026. 3. Opening of Bids (1818 W. Sample St.) Joseph Molnar, Assistant Director of Growth and Opportunity, stated we received no bids prior to the deadline for the disposition process, and CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 4 the City will proceed with next steps for this property after the 30 day waiting period required by state law during which City staff cannot negotiate a purchase of the property. 4. Budget Request (Western Ave. Transformation, Phase I) Joseph Molnar, Assistant Director of Growth and Opportunity, is requesting $200,000 from the River West TIF for design and engineering work for the Western Avenue Transformation District. This project redevelops the former Rabbi Shulman public housing site and adjacent parcels to the northeast into approximately 208 mixed-income housing units. The developer selected is The Michaels Organization. Because of the project’s scale, funding is coming from multiple sources, including the Community Foundation of St. Joseph County, READI 2.0 funds, a HUD Section 108 loan, and both 4% and 9% Low-Income Housing Tax Credits. Demolition of the Rabbi Shulman site is underway and nearing completion. Design and engineering work is currently being led by the local firm JPR, which has completed approximately 30% design for infrastructure and utility improvements for the southern phase of the project (Phase 1A). The developer has submitted a 4% non-competitive LIHTC application and is awaiting state approval, which is expected. A 9% competitive application is also in progress and due in July, with RDC staff assisting on required documentation. The $200,000 request will support continued design and engineering for the southern portion of the site. These costs will ultimately be reimbursed through the HUD Section 108 loan, with River West TIF funding allowing the work to continue without delay. This funding will help ensure the project stays on track as it replaces substandard housing with a high-quality, mixed-income neighborhood in the downtown area. Vice President Relos inquired about the 4% and 9% references; Joe Molnar explained that those percentages do not reflect portions of the overall project cost. They refer to different types of Low-Income Housing Tax Credits (LIHTC) that the developer, The Michaels Organization, has applied for. The 4% and 9% credits apply to different phases of the project. The southern portion of the site—formerly the Rabbi Shulman Housing Authority property—is being developed as Phase 1A and is associated with the 4% non-competitive tax credit application. The northern portion will be developed in a later subphase using 9% competitive tax credits. President Warner inquired about the breakdown of the funding. Caleb Bauer explained, the Section 108 loan is considered a local public match. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 5 While it is a federal loan, it is secured by the City’s annual Community Development Block Grant (CDBG) allocation, with a portion of those funds committed over 15 years for debt service. Because those revenues flow through the City, the Indiana Economic Development Corporation recognizes them as an eligible local match. As a general rule of thumb, the 4% tax credit program is typically used for larger developments. The equity generated from selling those credits usually covers about 30 to 40 percent of total project costs, which is why these deals tend to be larger in scale. In contrast, the 9% tax credit is more lucrative, often covering 60 to 70 percent of project costs, but it is highly competitive and more restrictive. As a result, 9% projects are typically smaller, often in the range of 50 to 70 units, with an optimal size around 60 units. For this project, the full scope of Phase 1B includes approximately 208 units. To maximize available funding, the project has been divided into subphases. Phase 1A will deliver roughly 152 units using the non- competitive 4% credits, while a smaller portion will rely on the competitive 9% credits, which are expected to be awarded later this year. The developer has a strong track record of success with competitive tax credit applications, and confidence is high that this application will score well. Secretary Wax requested a more holistic presentation of the overall redevelopment plan once the non-competitive tax credits are officially awarded. Staff indicated that once Phase 1A agreements are finalized, a comprehensive overview of Phase 1A—and later Phase 1B—will be presented, including how the subphases fit together and satisfy grant requirements. While the subphases do not need to move forward simultaneously, both must advance to meet the conditions of various funding sources. Staff confirmed that a broader presentation can be given to the Commission and that any existing presentation materials previously shared with Council could also be provided. Commissioner Gooden-Rodgers asked if the total of the housing units will be the same as the current building. Mr. Bauer stated that once Phase 2 is complete, there will be more units to finish off the block. Tina Patton asked for clarification regarding the displaced residents and how the City is addressing this. Mr. Bauer stated that about two-thirds of the new units in this phase will be income-qualified. This is not the final phase of development. Once all phases are complete, there will be more income-qualified units on the block than existed previously, though that will take time. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 6 Separately, the City has partnered with the Housing Authority to bring vacant public housing units back into service, particularly within the scattered-site portfolio. Many of these units have been offline due to maintenance issues but are now renovated and occupied. This has been a multi-year effort made possible through a funding partnership approved by the Common Council two years ago. So, when looking only at this block, it’s important to keep in mind the broader set of partnerships and investments that are expanding South Bend’s public housing stock from where it was a few years ago, when it was at its lowest point. Upon a motion by Gillian Shaw for approval, seconded by David Relos, the motion carried unanimously; the Commission approved the Budget Request as presented on February 12, 2026. 5. Donation Agreement (528 Euclid Ave.) Joseph Molnar, Assistant Director of Growth and Opportunity, presented a donation agreement for a property located at 528 Euclid Avenue in the City of South Bend. The parcel, shown in red, is located between LaPorte Avenue and Lincoln Way West, just north of City Cemetery. The surrounding parcels shown in blue are City-owned properties, held by either the Board of Public Works and the Redevelopment Commission. The property proposed to be donated to the RDC is a standard City lot, just over one-tenth of an acre. It has been vacant for several years and previously contained a single-family home that was demolished between 2017 and 2019. The current owner has no further use for the property and has offered to donate it to the City for redevelopment purposes. All property taxes are current. The agreement includes a 60-day due diligence period, allowing the Redevelopment Commission time to review the property and withdraw if any issues arise, followed by a 60-day closing period. Acquiring this parcel supports ongoing redevelopment in the neighborhood, where the City already owns multiple vacant lots and has seen significant new construction over the past year, particularly along Blaine St. Additional housing development is expected through existing agreements with housing developer partners. City ownership of vacant lots allows for proper maintenance and positioning of these properties for future redevelopment, making this donation a beneficial step for the neighborhood. Commissioner Gooden-Rodgers asked how we can fix the issue of vacant lots in this neighborhood. Mr. Molnar stated that the City has a partnership in this area with Intend Indiana, where new housing CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 7 development is underway. We want to see housing continue to return to the neighborhood. This issue developed over decades, resulting in many vacant lots, and it will take time to rebuild and restore the area. As previously mentioned, there are already nine to ten new homes built on Blaine Street nearby, so this progress is not far off. Assuming everything goes well, we expect housing development to begin on these lots within the next few years. The vast majority of the lots in this neighborhood are already owned by the City, having been acquired through the tax sale process, which is how the City came into possession of them in the first place. Upon a motion by Ophelia Gooden-Rodgers for approval, seconded by Eli Wax, the motion carried unanimously; the Commission approved the Donation Agreement as presented on February 12, 2026. 6. Amendment to Development Agreement (321 West Wayne) Joseph Molnar, Assistant Director of Growth and Opportunity, noted an error in the agreement, a date discrepancy of February 12, 2025 should be 2026. This item relates to an existing development agreement that the Redevelopment Commission approved at the end of 2024. What is before you today are the First Amendment to that overall development agreement. The property is located at 321 W. Wayne Street, on the western edge of downtown South Bend. The original development agreement contemplated the renovation of a formerly blighted industrial building, including construction of a new brewery, a family-oriented entertainment component, and renovated office space. The agreement included a minimum private investment commitment of $1.5 million, along with a $70,000 contribution from the Redevelopment Commission, and required project completion by the end of 2027. That agreement was approved in November 2024. These images show the condition of the property prior to renovation, including the interior. The building needed significant work, both inside and out. Portions of the exterior had been covered with unattractive sheet metal siding, much of it with visibly flaking paint. Work has been ongoing since 2024, and the developers can speak in more detail about the specifics. Improvements have included a new roof and a fully renovated interior. The restaurant component is now open, the brewery is operational, and the office spaces are in their final stages of completion. During the renovation process, the project encountered unexpected expenses related to water utility improvements needed to support the brewery. As you would expect, breweries require substantial water capacity, and the necessary upgrades exceeded initial expectations. This CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 8 First Amendment clarifies those changes and increases the Redevelopment Commission’s commitment from $70,000 to $80,000 to help complete the required utility infrastructure improvements. It also increases the developer’s investment commitment to more accurately reflect both the work already completed and the remaining scope of work—from $1.5 million to over $2.9 million, representing nearly a 100 percent increase. These photos show the renovation progress. Ivy Alley Social House, the restaurant component, is now open. The project includes all new windows and significant exterior improvements. You can see images of the restaurant space on the left and office space on the right, which represent a dramatic change from the earlier conditions. Also included is the duckpin bowling area, which was a key component of the original development agreement to ensure the site included a family- oriented activation, rather than functioning solely as a brewery. As shown here, that portion of the project has been completed. Overall, this project represents a high-quality renovation of a historic downtown building, adding new life and vitality to this part of the city. It brings new jobs, economic activity, office space, and family-friendly destination addressing a key priority we have consistently heard during planning processes: the need for more spaces downtown that families can enjoy. Regina Emberton, representing the developer Historic Hearthstone, commented that we’re extremely excited about this project and the partnership behind it. What was once a 17,000-square-foot vacant industrial building is now a vibrant community hub. Indiana Landmarks has opened its Northern Indiana office here and is already hosting community and educational events. Ivy Alley Social House, the anchor tenant, opened in December with duckpin bowling, a brewery, and a pizza kitchen, and has been very well received. Their first brewery release launches tonight. The project also supports South Bend Trade Works by providing basement storage space at no cost. Overall, we’re proud of how this turned out and grateful for the City, Redevelopment Commission, Council, and staff support. Commissioners Wax and Relos, Tina Patton all spoke in favor of the project. Upon a motion by David Relos for approval, seconded by Gillian Shaw, the motion carried unanimously; the Commission approved the Amendment as presented on February 12, 2026. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 9 7. Budget Request (Studebaker Museum HVAC Repairs) Nifemi Oluwatomini, Senior Engineer, presented a budget request for the Studebaker National Museum HVAC renovation. The initial scope includes replacing two rooftop HVAC units and upgrading the building control system. The existing control system is outdated, limited in accessibility, and no longer reliable. The proposed upgrade would create a more modern, user-friendly, and dependable system for museum staff. The City is responsible for this work because it owns the building and the historic vehicle collection housed within it and maintains a lease and management agreement with the museum. Under that agreement, the City is responsible for replacement of all HVAC system components. These improvements will enhance system reliability, allow for better temperature control for both visitors and the collection, and ensure the long-term preservation of museum assets. The total request is $350,000, covering both design and construction of the rooftop units and the new building control system. Funding is requested from River West TIF. The goal is to replace obsolete equipment, align with recent museum modernization efforts, and improve the experience for guests, staff, and the collection. Patrick Slebonick, Executive Director of the Studebaker National Museum, wanted to emphasize how critical this project is. The City owns the core collection, including highly sensitive historic vehicles, and a reliable HVAC system is essential to preserving them. These are the final two units to be replaced, and the existing controls are obsolete, creating real risk to the collection. We appreciate the City and Commission’s continued partnership and support. Vice President Relos asked for clarification on how many HVAC units total and Mr. Slebonick explained, this is the final phase of the museum’s HVAC modernization. Earlier units were replaced due to hail damage and age, and this request covers the last two rooftop units, along with design, installation, and a new control system. The upgrades address real failures and obsolete controls and complete the City’s long-term responsibility under the management agreement. Secretary Wax asked if this request would complete the HVAC project. Mr. Slebonick stated that this is responsible future planning, but it also addresses real issues. One of the units being replaced failed last summer after 20 years when a copper pipe ruptured and released all of its refrigerant, resulting in a $6,000 repair that the museum covered from operating funds. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 10 On the controls side, several components and sensors have failed and are now obsolete, with no available updates. These limitations also prevent the museum from fully benefiting from recent efficiency upgrades, such as VFDs installed on air handler units that are incompatible with the current control system. Upon a motion by David Relos for approval, seconded by Troy Warner, the motion carried unanimously; the Commission approved the Budget Request as presented on February 12, 2026. 8. Resolution No. 3666 (Caleb Bauer for Extraordinary Service to the City of South Bend) President Troy Warner presented Resolution No. 3666, an honorary resolution recognizing Caleb Bauer for his outstanding service to the City of South Bend, the community, and the Redevelopment Commission. Caleb has served the City for six years, four as Executive Director of the Department of Community Investment and two as Director of Communications, working closely with the Commission throughout that time. His leadership helped establish a strong culture of professionalism, accountability, and customer service. Under Caleb’s leadership, the City supported significant job creation, private investment, housing development, neighborhood revitalization, park improvements, and major civic and infrastructure projects across South Bend. Therefore, it must be resolved that the South Bend Redevelopment Commission honors Caleb Bauer for his extraordinary commitment and distinguished service, thanks him for his lasting contributions to our community, and expresses sincere appreciation for his work. All of the Commissioners spoke highly of Caleb’s contributions and look forward to working with him in the future to improve the City of South Bend. The motion carried unanimously; the Commission approved Resolution No. 3666 as presented on February 12, 2026. 6. Progress Reports A. Tax Abatement Joseph Molnar, Assistant Director of Growth and Opportunity, presented updates today, one related to tax abatement and one to economic development. The Common Council approved a designated Resolution for a new Burton’s Laundry on Main Street along the South Corridor. The project will be similar in style to Burton’s Laundry location near Portage and will be built on currently vacant land near Bob Miller’s Appliances. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 12, 2026 Page | 11 B. Common Council None C. Other None 7. Next Commission Meeting Thursday, February 26, 2026, 9:30 a.m., City Hall Council Chambers 3rd Floor 8. Adjournment Thursday, February 12, 2026, 10:43 a.m. ______________________________ ______________________________ Eli Wax, Secretary Troy Warner, President South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Minutes Regular Meeting February 26, 2026 – 9:30 a.m. City Hall Council Chambers 3rd Floor or via: https://tinyurl.com/RDC2025-2026-Meetings Meeting Recording Link: https://tinyurl.com/RDC-Meeting-Recordings The South Bend Redevelopment Commission was called to order at 9:30 a.m. President Troy Warner presiding. 1. ROLL CALL Members Present: Troy Warner, President Dave Relos, Vice President Eli Wax, Secretary Gillian Shaw, Commissioner Ophelia Gooden-Rodgers, Commissioner Marcus Ellison, Non-Voting Advisor Legal Counsel: Jenna Throw, City Attorney Redevelopment Staff: Darryl Scott, Chief of Staff, Mayor’s Office Erik Glavich, Director of Growth and Opportunity, DCI Lewis Kouassi, Director of Finance, DCI Joseph Molnar, Asst. Dir. of Growth and Opp., DCI Erin Michaels, Property Development Mngr., DCI-Virtual Tim Corcoran, Chief Planner, DCI Michael Divita, Principal Planner, DCI Chris Dressel, Senior Planner, DCI Leslie Biek, Assist. City Engineer Laura Hensley, Board Secretary, DCI Attending: Murray Miller, 23698 Western Ave. Matt Barrett, 110 S. Niles Ave. Charlotte Brach, Senior City Engineer Eric Horvath, Director of Public Works Patrick Sherman, Director of Project Management Rebecca Plantz, Director of Engineering Services Tina Patton, 707 Sherman Ave. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 26, 2026 Page | 2 Dustin New, Planner MACOG Peter Hru, 25700 Cleveland Rd. 2. Approval of Claims A. Claims Allowances February 17, 2026 Upon a motion by David Relos for approval second by Gillian Shaw, the motion carried unanimously; the Commission approved the claims allowances of February 17, 2026. 3. Old Business A. None 4. New Business A. River East Residential Development Area 1. Budget Request (Colfax Streetscape Improvements) Joseph Molnar, Assistant Director of Growth and Opportunity, stated that before Leslie begins the primary presentation, I wanted to provide a brief update since both budget requests on today’s agenda are tied to the River East Residential Development Area—an area the Commission does not see very often. As a reminder, the River East Residential area is a separate category within the larger River East TIF district. This residential TIF captures incremental growth specifically from residential development. For 2026, there is approximately $16.2 million in available cash. If the Commission approves both budget requests on today’s agenda, the remaining cash balance would be about $8.4 million. That leaves this TIF in a very strong financial position moving forward. Leslie Biek, Assistant City Engineer, began by introducing the Colfax Avenue streetscape project. As noted, this phase of the project focuses solely on streetscape improvements and does not include the bridge work. The project limits are similar to those used for the LaSalle project. The overall project extends from Sycamore Street to Eddy Street, with the primary streetscape improvements occurring from Sycamore Street to just West of Hill Street. From Hill Street to Eddy Street, the roadway will receive a mill and overlay. The purpose of the project is to create a safer, more walkable environment that is more inviting to both commercial and residential development in the area. Streetscape improvements will include new sidewalks, curb bump-outs, driveway approaches, a shared-use path on the south side of the road, and enhanced pedestrian crossings at the East Bank Trail. Additional improvements include storm sewer upgrades, CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 26, 2026 Page | 3 landscaping, decorative street lighting, and other standard streetscape amenities. East of Hill Street, the project will consist of a mill and fill. It is important to note that Colfax Avenue will remain a three-lane roadway; there will be no lane reductions or changes to the existing lane configuration. However, the project does add additional on-street parking. More than 20 new on-street parking spaces are expected, which will benefit nearby local businesses. The bids for this project are currently being reviewed, with an award anticipated next month. Construction is expected to begin in early Spring, as soon as the contractor is able to mobilize. The contract includes an open-to-traffic date of September 4, which covers completion of sidewalks and the multi-use path. Final project completion, including landscaping and remaining items, is scheduled for October 30. Vice President Relos asked how the project could accommodate the addition of 20 on-street parking spaces while also addressing congestion related to school drop-off and pick-up. Ms. Biek explained that the design reduces excess pavement while maintaining the existing lane configuration. The project uses curb bump-outs and similar streetscape features to create additional on-street parking. To achieve this, certain turn lanes on Niles Street, including the left-turn lane, will be removed. Regarding Hill Street, where the elementary school is located, we are aware that the drop-off and pick-up lines, especially in the afternoon, can back up significantly, sometimes extending several blocks. That operation will still be able to continue as it does today. We did evaluate the option of installing a cycle track similar to what was done on LaSalle, but instead the project will retain striped bike lanes within the street, consistent with the current configuration. We have met with the school multiple times to discuss different options for drop-off and pick-up. Given their limited site footprint, it is challenging to make significant changes. They are already fairly well organized, so we are continuing to work with them as best we can within those constraints. Commissioner Gooden-Rodgers asked for clarification regarding bump- outs. Ms. Biek explained that the curb bump-outs serve several important purposes. They shorten the distance pedestrians must cross at intersections, help clearly define on-street parking areas, and contribute to traffic calming by slowing vehicle speeds. While these features are often unpopular with drivers, they are effective in improving overall safety and pedestrian comfort. Ms. Gooden-Rodgers CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 26, 2026 Page | 4 also requested a reflective color be added and Ms. Biek stated that she would look into that. Secretary Wax asked if right and left turns would be restricted with the addition of the bump-outs. Ms. Biek explained that while certain turning movements would not be completely prohibited, vehicles would be required to remain in the through lane when turning unless they are first in line. As part of the design, the project reduces the ability to make left turns and limits some right turns. While the roadway will remain a single through lane in each direction, these changes may reduce overall lane efficiency. To help offset these impacts, the City is upgrading signal detection by installing GridSmart cameras. These cameras provide improved vehicle detection and can recommend optimized signal timing based on observed traffic volumes. Cameras will be installed at the intersections of Niles St. and Hill St. While the cameras will be capable of communicating with one another once connected via cellular or fiber, that connectivity is not included in this project. However, it is part of a larger plan to modernize downtown traffic signals and create coordinated corridors that can adjust signal timing based on traffic conditions. Secretary Wax expressed support for improvements that enhance pedestrian safety and experience but emphasized the importance of also maintaining efficient vehicle movement. He asked whether the new technology automatically adjusts signal timing or if changes require manual intervention. Ms. Biek responded that the system could recommend preferred signal timing based on real-time traffic data. Ms. Biek further noted that the City has a separate signal modernization project underway, with priority corridors identified and a consultant engaged to assist with improving traffic flow. While final approvals are still pending, staff confirmed that these improvements are actively being pursued. Commissioner Shaw asked for a breakdown of the budget. Ms. Biek indicated that the specific information was not available at the time but could be provided afterward. It was clarified that the request pertains only to construction funding. A follow-up question was then raised regarding the budget. Ms. Shaw asked whether the project was still out to bid and whether bids had been received. Ms. Biek responded that bids were received on Tuesday. She further explained that the requested amount has been adjusted and includes a 10% contingency to cover any potential change orders. If those change orders are not needed, the unused funds would be returned to the appropriate fund. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 26, 2026 Page | 5 Dustin New, Transportation Planner for MACOG, and residents Edward Jurkovic and Peter Hru all spoke in favor of the project. Upon a motion by David Relos for approval, seconded by Gillian Shaw, the motion carried unanimously; the Commission approved the Budget Request as presented on February 26, 2026. 2. Budget Request (Marion Pedestrian Bridge and Trail Connections) Leslie Biek, Assist. City Engineer presented the Marion Pedestrian Bridge and Connecting Trails Project for $3,600,000. The project proposes construction of a new pedestrian bridge over the St. Joseph River at Marion Street. The bridge would connect the east and west sides of the river and link directly into the City’s broader trail network. This location has been identified as a valuable connection point and has appeared in multiple neighborhood and planning studies since 2017. In total, five plans have recommended the bridge as a way to address gaps in the City’s pedestrian and trail infrastructure. The Marion Bridge will be a standalone project located on the south side of Marion Street. It will connect the West Bank to the East Bank Trail. The bridge will consist of two spans with a cylindrical center column placed in the river. The outer railing design will be a steel capstone-style railing, and the handrail and handrail lighting will match what was used on the Coal Line Trail pedestrian bridge. On the west side of the river, a new trail will be constructed along the south side of Marion Street and connected to the existing roundabout. Because Marion St. is currently wider than needed for a residential street, the southern curb line will be shifted to accommodate the trail. A separate project along Madison St. will connect a new linking trail to the East Bank Trail and the bridge. Improvements along the Madison Connector Trail will include ADA curb upgrades, curb bump-outs, and decorative lighting. Regarding schedule, bridge bids were opened earlier this week, and the Madison Trail project is currently out for bid, with bids expected at the March 10 Board of Works meeting. The Marion Trail project will be bid later this spring. Construction of the bridge is anticipated to begin in late summer, pending environmental permit approvals, and is expected to be completed next spring. Construction of the Madison and Marion trails is expected to occur this year, with potential coordination adjustments to the Marion Trail to align with bridge construction. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 26, 2026 Page | 6 Vice President Relos asked if the budget request includes both the Marion and Madison connections and Ms. Biek stated yes with a 10% contingency for change orders. Secretary Wax asked for a review of the original plan and how the project reached its current cost. Ms. Biek explained that $3 million was originally appropriated from the TIF bond based on early estimates that the bridge alone would cost approximately $3 million and did not include trail components. As design progressed, total design costs for all three projects were approximately $690,000 and were paid from the original allocation. Construction costs for all three projects are now estimated at approximately $5.8 million, with the remaining difference reflecting finalized design and bid-ready estimates. Ms. Biek noted that the scope of the project did not significantly change during design; no new elements were added, and cost-effective options were selected to maintain compatibility with the Coal Line Trail. Peter Hru, Edward Jurkovic and Dustin New all spoke in favor of the project. Upon a motion by Ophelia Gooden-Rodgers for approval, seconded by Gillian Shaw, the motion carried unanimously; the Commission approved the Budget Request as presented on February 26, 2026. 5. Progress Reports A. Tax Abatement Joseph Molnar, Assistant Director of Growth and Opportunity, stated that the Common Council approved a confirming Resolution for the new Burton’s Laundry location on the south end of town off Main Street was approved on Monday. Construction is expected to begin within the next few months. B. Common Council None C. Other Joseph Molnar, Assistant Director of Growth and Opportunity and Erik Glavich, Director of Growth and Opportunity, give updates on. • Diamond View – Tenants expected soon • Monroe Street – Construction fencing went up • JC Hart – Demo is done, construction starting soon • Drewery’s – Demo completion in the Spring CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – February 26, 2026 Page | 7 • Madison Lifestyle District – Big packages moving forward, NIPSCO building demo will begin soon and working on design of storm water and public utilities. 6. Next Commission Meeting Thursday, March 12, 2026, 9:30 a.m., City Hall Council Chambers 3rd Floor 7. Adjournment Thursday, February 26, 2026, 10:11 a.m. ______________________________ ______________________________ Eli Wax, Secretary Troy Warner, President City of South Bend Department of Administration & Finance Claims Allowance Request To:South Bend Redevelopment Commission From:Kyle Willis, City Controller Date:Monday, March 9, 2026 Pursuant to Indiana Code 36-4-8-7, I have audited and certified the attached claims and submit them for allowance in the following amounts: GBLN-0130346 $515,704.48 GBLN-0130670 $157,299.89 GBLN-0131145 $6,450,492.61 Total:$7,123,496.98 _______________________________ Kyle Willis The attached claims described above were allowed in the following total amount at a public meeting on the date stated below: South Bend Redevelopment Commission By:_______________________________ Name: Date: Attest:_______________________________ Name: South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item D ATE : 3/8/26 FROM: Joseph Molnar Assistant Director, Growth & Opportunity SUBJECT: Development Agreement – KCG Development 2018-2020 S. Main Street Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approval of Development Agreement with KCG Development for an affordable housing project at 2018- 2020 S. Main St. SPECIFICS: The Redevelopment Commission approved a Purchase Agreement on June 12, 2025 with KCG Development LLC for RDC owned property located at 2018-2020 S. Main Street. KCG applied for low- income housing tax credits for a multi-family apartment building with fifty (50) affordable income housing units. KCG was awarded the tax credits from the IHCDA in November 2025. For the KCG application to be awarded as many points as possible and increase the chance of a successful application, the City partnered with KCG in support of the project. As part of that support, the attached Development Agreement commits the RDC to funding $1,000,000 from the South Side Development Area funds. The Development Agreement commits KCG to investing $13,000,000 in private funding into the site. Construction of a new apartment building on currently vacant land will add vitality to the Main Street corridor as well as providing quality affordable housing. Staff recommends approval ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION DEVELOPMENT AGREEMENT This Development Agreement (this “Agreement”), is effective as of March 12, 2026 (the “Effective Date”), by and between the City of South Bend, Department of Redevelopment, acting by and through its governing body, the South Bend Redevelopment Commission (the “Commission”), and KCG Development LLC a Florida Limited Liability Company, with its registered address being 9311 N Meridian Street, Suite 100, Indianapolis, IN 46260 (the “Developer”) (each, a “Party,” and collectively, the “Parties”). RECITALS WHEREAS, the Commission exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the “Act”); and WHEREAS, the Act provides that the clearance, replanning, and redevelopment of redevelopment areas are public uses and purposes for which public money may be spent; and WHEREAS, the Commission owns certain vacant and inactive real property described in Exhibit A, which, concurrently with this Agreement, the Commission is agreeing to sell to Developer through a Real Estate Purchase Agreement dated effective June 12, 2025 (the “Purchase Agreement”), inclusive of vacant lots and all fixtures, easements, appurtenances, hereditaments, rights, powers, privileges, and other improvements thereon and/or appurtenant thereto; and WHEREAS, in exchange for the discounted purchase price for the real property described in Exhibit A, the Purchase Agreement contains certain post-closing development obligations that the Developer must meet; and WHEREAS, the Developer applied for and was awarded low-income housing tax credits to construct a multi-family building (the “Project”) in accordance with the project plan (the “Project Plan”) attached hereto as Exhibit B; and WHEREAS, the Developer Property is located within the corporate boundaries of the City within the South Side Development Area (the “Area”); and WHEREAS, the Commission has adopted (and subsequently amended, from time to time) a development plan, which contemplates development of the Area consistent with the Project; and WHEREAS, the Commission believes that accomplishing the Project as described herein is in the best interests of the health, safety, and welfare of the City and its residents; and WHEREAS, the Commission desires to facilitate and assist the Project by undertaking the local public improvements stated in Exhibit C (the “Local Public Improvements”) and the financing thereof, subject to the terms and conditions of this Agreement and in accordance with the Act. NOW, THEREFORE, in consideration of the mutual promises and obligations stated in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: 2 SECTION 1. DEFINITIONS. Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have the following meanings: 1.1 Assessed Value. “Assessed Value” means the market value-in-use of a property, used for property tax assessment purposes as determined by the St. Joseph County Assessor. 1.2 Board of Works. “Board of Works” means the Board of Public Works of the City, a public body granted the power to award contracts for public works pursuant to I.C. 36-1-12. 1.3 Funding Amount. “Funding Amount” means an amount not to exceed One Million Dollars ($1,000,000.00) of tax increment finance revenues to be used for paying the costs associated with the construction, equipping, inspection, and delivery of the Local Public Improvements. 1.4 Private Investment. “Private Investment” means an amount no less than Thirteen Million Dollars ($13,000,000.00) to be expended by the Developer for the costs associated with constructing the improvements set forth in the Project Plan, including architectural, engineering, and any other costs directly related to completion of the Project that are expected to contribute to increases in the Assessed Value of the Developer Property. SECTION 2. INTERPRETATION, TERMS, AND RECITALS. 2.1 Interpretation. (a) The terms “herein,” “hereto,” “hereunder,” and all terms of similar import shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section of, or Exhibit to this Agreement. (b) Unless otherwise specified, references in this Agreement to (i) “Section” or “Article” shall be deemed to refer to the Section or Article of this Agreement bearing the number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement bearing the letter or number so specified, and (iii) references to this “Agreement” shall mean this Agreement and any exhibits and attachments hereto. (c) Captions used for or in Sections, Articles, and Exhibits of this Agreement are for convenience of reference only and shall not affect the construction of this Agreement. (d) The terms “include,” “including,” and “such as” shall each be construed as if followed by the phrase “without being limited to.” 2.2 Recitals. The Recitals set forth above are incorporated into and are a part of this Agreement for all purposes. 3 SECTION 3. ACCESS. 3.1 Grant of Easement. The Developer will grant to the Commission a temporary, non- exclusive easement on, in, over, under and across any part(s) of the Developer Property (the “Easement”) in the form attached hereto as Exhibit D, to permit the Commission to fulfill its obligations under this Agreement, including the construction, equipping, inspection, and delivery of the Local Public Improvements. The Easement shall (a) inure to the benefit of the Commission and the Board of Works or any contractors acting on behalf of the Commission in connection with the construction, equipping, inspection, and delivery of the Local Public Improvements; (b) shall bind the Developer and its grantees, successors, and assigns; and (c) shall terminate no later than upon completion of the Local Public Improvements, as determined by the Board of Works. SECTION 4. DEVELOPER’S OBLIGATIONS. 4.1 Generally. The Parties acknowledge and agree that the Commission’s agreements to perform and abide by the covenants and obligations set forth in this Agreement are material consideration for the Developer’s commitment to perform and abide by the covenants and obligations of the Developer contained in this Agreement and the Purchase Agreement. 4.2 The Project. (a) The Developer will perform all necessary work to complete the improvements set forth in the Project Plan attached hereto as Exhibit B and the plans and specifications to be approved by the Executive Director of the Department of Community Investment, or their designee, pursuant to Section 4.7 (“Submission of Plans and Specifications for Project”) of this Agreement, which improvements shall comply with all zoning and land use laws and ordinances. Developer will commence construction within ten (10) months after the Closing Date as specified in the Purchase Agreement (“Construction Commencement Date”). (b) The Developer will expend the Private Investment to complete the Project in accordance with the Project Plan attached hereto as Exhibit B and the plans and specifications to be approved by the Commission pursuant to Section 4.7 (“Submission of Plans and Specifications for Project”) of this Agreement. 4.3 Cooperation. The Developer agrees to endorse and support the Commission’s efforts to expedite the Local Public Improvements through any required planning, design, public bidding, construction, inspection, waiver, permitting, and related regulatory processes. Additionally Developer will permit the City to perform reviews and monitor the progress of the the Project. 4.4 Obtain Necessary Easements. The Developer agrees to obtain any and all easements from any governmental entity and/or any other third parties that the Developer or the Commission deems necessary or advisable in order to complete the Local Public Improvements, and the obtaining of such easements is a condition precedent to the Commission’s obligations under this Agreement. 4 4.5 Timeframe for Completion. The Developer hereby agrees to complete the Project as set forth in the Project Plan and any other obligations the Developer may have under this Agreement by the completion date established in the Purchase Agreement, namely thirty (30) months after the Construction Commencement Date (the “Mandatory Project Completion Date”). The timeframe for completion may be modified by mutual agreement between the Developer and the Commission due to unforeseen circumstances and delays. The Developer further agrees the total Project will be completed in accordance with the Project Plan attached hereto as Exhibit B. Notwithstanding any provision of this Agreement to the contrary, the Developer’s failure to complete the Project or any other obligations the Developer may have under this Agreement by the Mandatory Project Completion Date will constitute a default under this Agreement without any requirement of notice of or an opportunity to cure such failure. 4.6 Reporting Obligations. (a) Upon the letting of contracts for substantial portions of the Project and again upon substantial completion of the Project, the Developer hereby agrees to report to the Commission the number of local contractors and local laborers involved in the Project, the amount of bid awards for each contract related to the Project, and information regarding which contractor is awarded each contract with respect to the Project. (b) On or before June 30 and December 31 of each year until substantial completion of the Project, the Developer shall submit to the Commission a report, in the format set forth as Exhibit E, demonstrating the Developer’s good-faith compliance with the terms of this Agreement. The report shall include the following information and documents: (i) a status report of the construction completed to date, (ii) an update on the project schedule, (iii) an itemized accounting generally identifying the Private Investment to date, and (iv) a status report of the number of jobs created for employment at the Developer Property. 4.7 Submission of Plans and Specifications for Project. Promptly upon completion of all plans and specifications for the Project, or changes thereto, and prior to the Commission’s expenditure of the Funding Amount, the Developer shall deliver a complete set thereof to the City’s Executive Director of the Department of Community Investment, or their designee, who may approve or disapprove said plans and specifications for the Project in their sole discretion as being compliant with applicable City Neighborhood or area plans, and may request revisions or amendments to be made to the same. 4.8 Costs and Expenses of Construction of Project. The Developer hereby agrees to pay, or cause to be paid, all costs and expenses of planning, construction, management, and all other activities or purposes associated with the Project (including legal, architectural, and engineering fees), exclusive of the Local Public Improvements, which shall be paid for by the Commission by and through the Funding Amount subject to the terms of this Agreement. 4.9 Specifications for Local Public Improvements. The Developer will be responsible for the preparation of all bid specifications related to the Local Public Improvements, and the Developer will pay all costs and expenses of such preparation, provided, however, that if the 5 Commission pays any costs or expenses of such preparation, then the amount paid by the Commission will be deducted from the Funding Amount. The Developer will submit all bid specifications related to the Local Public Improvements to the City of South Bend Engineering Department (the “Engineering Department”). The Engineering Department may approve or disapprove said bid specifications for the Project in its sole discretion and may request revisions or amendments to be made to the same. Approval or Disapproval of Plans and Specifications by the Executive Director or designee is solely for the purpose of determining consistency with applicable City neighborhood, area, or redevelopment plans. Such approval or disapproval shall not be deemed or relied upon as a determination of the feasibility, constructability, safety, or compliance of the Project with engineering standards, building codes, or industry best practices. Developer remains solely responsible for the accuracy, adequacy, and completeness of the plans and specifications and for compliance with all applicable laws, regulations, codes, and industry standards. The Commission shall not be required to expend the Funding Amount unless the Engineering Department, and any other relevant authority, has approved all bid specifications. 4.10 Non-Interference. Developer hereby agrees to use commercially reasonable efforts to minimize disruption for those living and working near the Developer Property during construction of the Project. 4.11 Insurance. The Developer shall purchase and maintain comprehensive insurance coverage as is appropriate for the work being performed with respect to the Project. The Developer shall provide proof of such adequate insurance to the Commission and shall notify the Commission and the City of any change in or termination of such insurance. During the period of construction or provision of services regarding any Local Public Improvements, the Developer shall maintain insurance in the kinds and for at least the minimum amounts as described in Exhibit F attached hereto and the Commission and the City shall be named as additional insureds on such policies (but not on any worker’s compensation policies). 4.12 Information. The Developer agrees to provide any and all due diligence items with respect to the Project reasonably requested by the Commission. SECTION 5. COMMISSION’S OBLIGATIONS. 5.1 Generally. The Parties acknowledge and agree that the Developer’s agreement to perform and abide by the covenants and obligations set forth in this Agreement is material consideration for the Commission’s commitment to perform and abide by the covenants and obligations of the Commission contained in this Agreement. The Commission acknowledges that its obligations to complete the Local Public Improvements directly impact the Project Plan and agrees to perform such obligations in a good and workmanlike manner, in accordance with applicable laws, regulations, and the terms of this Agreement.. 5.2 Completion of Local Public Improvements. (a) The Commission hereby agrees to complete (or cause to be completed) the Local Public Improvements described in Exhibit C attached hereto on a schedule to be reasonably determined and agreed to by the Commission and the Developer, as may be modified due to unforeseen circumstances and delays. In the event that the Purchase 6 Agreement is terminated, and the transfer of property contemplated therein does not occur, this Development Agreement shall become null and void, and the Commission shall have no obligation to complete or cause to be completed the Local Public Improvements or expend the Funding Amount. (b) Before any work on the Local Public Improvements will commence, (a) the Commission will have received satisfactory plans and specifications for the Project and responded in accordance with Section 4.7 (“Submission of Plans and Specifications for Project”) of this Agreement, and (b) the Engineering Department will have received satisfactory bid specifications for the Local Public Improvements and approved the same in accordance with Section 4.9 (“Specifications for Local Public Improvements”) of this Agreement. (c) The Commission shall be responsible for selecting the contractor to perform the Local Public Improvements but prior to any selection the Developer shall have the right to review and approve the scope and amount of any contract entered into in connection with construction of the Local Public Improvements. (d) The Local Public Improvements will be completed in accordance with all applicable public bidding and contracting laws and will be subject to inspection by the Engineering Department or its designee. (e) Notwithstanding anything contained herein to the contrary, in the event the costs associated with the Local Public Improvements are in excess of the Funding Amount, Developer, at its sole option, may determine to pay to the Commission the amount of the excess costs to permit timely completion of the Local Public Improvements by the Commission, or an agent of the Commission, which amounts shall be applied for such purpose. If Developer chooses not to pay any such excess costs of the Local Public Improvements (above the Funding Amount), the Commission may reduce the scope of the Local Public Improvements to the amount which may be funded with the Funding Amount. In no event will the Commission be required to spend more than the Funding Amount in connection with the Local Public Improvements. 5.3 Cooperation. The Commission agrees to endorse and support the Developer’s efforts to expedite the Project through any required planning, design, permitting, waiver, and related regulatory processes, provided, however, that the Commission will not be required to expend any money in connection therewith. 5.4 Public Announcements, Press Releases, and Marketing Materials. The Commission hereby agrees to coordinate all public announcements and press releases relating to the Project with the Developer. 5.5 Transfer and Assignment Contracts. The Commission shall ensure that all agreements and contracts in connection with the Local Public Improvements (the “Contracts”) may be transferred and assigned to Developer or its affiliates. Following the completion of the Local Public Improvements, the Commission shall take all such actions that may be necessary or appropriate to transfer and assign such Contracts. 7 5.6 Liens. The Commission shall promptly and timely pay all subcontractors, sub- subcontractors, laborers, material suppliers, and other persons or entities furnishing labor, materials, or services in connection with the Local Public Improvements. The Commission shall ensure that the Work is performed and completed free and clear of any mechanics’, materialmen’s, or other liens, claims, stop notices, or encumbrances arising out of or relating to payments for the Local Public Improvements. If any lien, claim, or encumbrance is filed or asserted against Owner’s property arising out of or relating to the Local Public Improvements, the Commission shall, at its sole cost and expense, within ten (10) days after written notice from Developer (or sooner if required by law), cause such lien or claim to be released, discharged, or bonded off in a manner reasonably satisfactory to Owner. The Commission shall indemnify and hold harmless Developer and its affiliates, and their respective officers, directors, members, managers, employees, agents, and representatives, from and against any and all claims, liens, demands, causes of action, damages, losses, liabilities, costs, and expenses (including, without limitation, attorneys’ fees and court costs) arising out of or relating to (i) Commission’s failure to timely pay subcontractors, suppliers, or other parties furnishing labor or materials for the Local Public Improvements, or (ii) the filing, enforcement, or satisfaction of any mechanics’ lien or similar claim relating to payments for the Local Public Improvements. SECTION 6. COOPERATION IN THE EVENT OF LEGAL CHALLENGE. 6.1 Cooperation. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement, the Parties shall cooperate in defending such action or proceeding to settlement or final judgment including all appeals. Each Party shall select its own legal counsel; however, Developer shall reimburse the Commission for its reasonable attorneys’ fees associated with the Commission’s defense of this Agreement against a third-party lawsuit. In no event shall the Commission be required to bear the fees and costs of the Developer’s attorneys. The Parties agree that if any other provision of this Agreement, or this Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the Parties agree to be bound by the terms of this Section 6.1, which shall survive such invalidation, nullification, or setting aside. SECTION 7. DEFAULT. 7.1 Default. Any failure by either Party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party, shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. Upon the occurrence of a default under this Agreement, the non-defaulting Party may (a) terminate this Agreement, or (b) institute legal proceedings at law or in equity (including any action to compel specific performance) seeking remedies for such default. If the default is cured within thirty (30) days after the notice described in this Section 7.1, then no default shall exist and the noticing Party shall take no further action. 7.2 Reimbursement Obligation. In the event that the Developer fails (a) to complete the Project by the Mandatory Project Completion Date, or (b) to expend the full amount of the 8 Private Investment by the Mandatory Project Completion Date, then the Commission shall be entitled to recover from Developer, as liquidated damages, One Hundred Fifty Percent (150%) of the portion of the Funding Amount expended by the Commission in furtherance of the Local Public Improvements (“Liquidated Damages”). The Parties acknowledge and agree that the actual damages to the Commission, the City, and its citizens in the event of a default by Developer would be difficult or impossible to determine, and the Liquidated Damages set forth above represents the best estimate of the Parties as to the amount of such damages at the time of execution and delivery of this Agreement. If the Developer fails to perform and complete the work within the timeframe fixed for completion, the Liquidated Damages shall be considered not as a penalty, but as agreed upon monetary damages sustained by the Commission, the City, and citizens of South Bend for the Commission’s direct investment into the Project, the negative impact upon the Commission’s ability to develop other projects in South Bend, and expenses of City employees supporting the Project, including, redevelopment staff, engineering staff, legal department staff, and a construction manager on site. In addition to the Liquidated Damages described herein, and not in lieu thereof, the Commission shall retain all rights and remedies available under the Purchase Agreement, including, without limitation, the reversionary interest and the right to re‑enter the Property and cause title to revest in the Commission pursuant to Section 7(b)(1)(a) of the Purchase Agreement. 7.3 Force Majeure. Notwithstanding anything to the contrary contained in this Agreement, none of the Parties shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of terrorism, restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplemental environments regulations, contract defaults by third parties, or similar basis for excused performance which is not within the reasonable control of the Party to be excused (each, an event of “Force Majeure”). Upon the request of any of the Parties, a reasonable extension of any date or deadline set forth in this Agreement due to such cause will be granted in writing for a period necessitated by the event of Force Majeure, or longer as may be mutually agreed upon by all the Parties. SECTION 8. NO AGENCY, JOINT VENTURE, OR PARTNERSHIP; CONFLICT OF INTEREST; INDEMNITY. 8.1 No Agency, Joint Venture or Partnership. The Parties acknowledge and agree that: (a) The Project is a private development; (b) None of the Commission, the Board of Works, or the Developer has any interest or responsibilities for, or due to, third parties concerning any improvements until such time, and only until such time, that the Commission, the Board of Works, and/or the Developer expressly accepts the same; and (c) The Parties hereby renounce the existence of any form of agency relationship, joint venture or partnership between the Commission, the Board of Works, and the Developer and agree that nothing contained herein or in any document executed in 9 connection herewith shall be construed as creating any such relationship between the Commission, the Board of Works, and the Developer. 8.2 Conflict of Interest; Commission Representatives Not Individually Liable. No member, official, or employee of the Commission or the City may have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No member, official, or employee of the Commission or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Commission or for any amount which may become due to the Developer, or its successors and assigns, or on any obligations under the terms of this Agreement. No partner, member, employee, or agent of the Developer or successors of them shall be personally liable to the Commission under this Agreement. 8.3 Indemnity. The Developer agrees to indemnify, defend, and hold harmless the Commission and the City from and against any third-party claims suffered by the Commission or the City resulting from or incurred in connection with the Local Public Improvements or the Project. The Commission shall indemnify and hold harmless Developer and its affiliates, and their respective officers, directors, members, managers, employees, agents, and representatives, solely from and against third‑party claims arising out of the Commission’s failure to timely make payments due for the Local Public Improvements. The Commission shall have no duty to defend, and nothing in this Section shall be construed to require the Commission to indemnify Developer for claims relating to the design, specifications, construction means or methods, performance, or completion of the Local Public Improvements or the Project, or for any other matters beyond the Commission’s payment obligations for the Local Public Improvements, all of which are the responsibility of Developer and its contractors. SECTION 9. MISCELLANEOUS. 9.1 Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall continue in full force and effect unless amended or modified by mutual consent of the parties. 9.2 Waiver. Neither the failure nor any delay on the part of a Party to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of any such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 9.3 Other Necessary Acts. Each Party shall execute and deliver to the other Parties all such other further instruments and documents as may be reasonably necessary to accomplish the Project and the Local Public Improvements contemplated by this Agreement and to provide and secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder. 10 Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated by this Agreement may be required to be undertaken by persons, agencies, or entities that are not a party to this Agreement, including, but not limited to certain permits, consents, and/or approvals (to the extent they have not yet been obtained and completed), and that any action by such third parties shall require independent approval by the respective person, agency, entity, or governing body thereof. 9.4 Dispute Resolution; Jurisdiction; Waiver of Jury Trial. Any action to enforce the terms or conditions of this Agreement or otherwise concerning a dispute under this Agreement will be commenced in the courts of St. Joseph County, Indiana, unless the Parties mutually agree to an alternative method of dispute resolution. The Parties acknowledge that disputes arising under this Agreement are likely to be complex and they desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each Party irrevocably waives the right to trial by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this Agreement. This waiver applies to all claims against all parties to such actions and proceedings. This waiver is knowingly, intentionally, and voluntarily made by both Parties. 9.5 Attorneys’ Fees. In the event the Commission pursues any legal action (including arbitration) to enforce or interpret this Agreement, Developer shall pay Commission’s reasonable attorneys’ fees and other costs and expenses (including expert witness fees). 9.6 Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Project: (a) The Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; and (b) The Developer will state, in all solicitations or advertisements for employees placed by or on behalf of the Developer, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 9.7 Counterparts. This Agreement may be executed in separate counterparts, each of which when so executed shall be an original, but all of which together shall constitute one and the same instrument. Any electronically transmitted version of a manually executed original shall be deemed a manually executed original. 9.8 Notices and Demands. Any notice, demand, or other communication required or permitted under the terms of this Agreement may be delivered (a) by hand-delivery (which will be deemed delivered at the time of receipt), (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), or (c) by overnight courier service (which will be deemed delivered on the next business day) to each Party’s respective addresses and representatives stated below. Developer: KCG Development LLC Attn: RJ Pasquesi 11 9311 N Meridian St. Suite 100 Indianapolis, IN 46260 Email: rpasquesi@kcgcompanies.com With a copy to: Stefani Thomas, Esq. 26050 Mureau Rd, Suite 200 Calabasas, CA 91302 Email: sthomas@walkerdunlop.com With a copy to: Thomas Stone, Est. 26050 Mureau Rd, Suite 200 Calabasas, CA 91302 Email: tstone@walkerdunlop.com Commission: South Bend Redevelopment Commission 215 S. Dr. Martin Luther King Jr Blvd Suite 500 South Bend, IN 46601 Attn: Executive Director, South Bend Department of Community Investment 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 9.9 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Indiana. 9.10 Authority. Each undersigned person executing and delivering this Agreement on behalf of a Party represents and certifies that he or she is the duly authorized officer or representative of such Party, that he or she has been fully empowered to execute and deliver this Agreement on behalf of such Party, and that all necessary action to execute and deliver this Agreement has been taken by such Party. 9.11 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the Parties herein. 12 9.12 Assignment. The Developer’s rights under this Agreement shall be personal to the Developer and shall not run with the land. The Developer may not assign its rights or obligations under this Agreement to any non-affiliated third party without obtaining the Commission’s prior written consent to such assignment, which the Commission may give or withhold in its sole discretion. In the event the Developer seeks the Commission’s consent to any such assignment, the Developer shall provide to the Commission all relevant information concerning the identities of the persons or entities proposed to be involved in and an explanation of the purposes for the proposed assignment(s). 9.13 Further Assurances. The Parties agree that they will each undertake in good faith, as permitted by law, any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Agreement. 9.14 Exhibits. All exhibits described herein and attached hereto are incorporated into this Agreement by reference. 9.15 Entire Agreement. No representation, promise, or inducement not included in this Agreement will be binding upon the Parties hereto. This Agreement cannot be modified except by mutual agreement of the Parties set forth in a written instrument signed by the Parties’ authorized representatives. 9.16 Time. Time is of the essence of this Agreement. Signature Page Follows 13 IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Effective Date stated above. SOUTH BEND REDEVELOPMENT COMMISSION ______________________________ Troy Warner, President ATTEST: ______________________________ Eli Wax, Secretary KCG DEVELOPMENT, LLC??? ______________________________ KCG DEVELOPMENT, LLC, a Florida Limited Liability Company 14 EXHIBIT A Description of Developer Property Address: 2018 S Main St Parcel Number: 018-8011-0484 State Parcel: 71-08-13-355-002.000-026 Legal Description: Lot 29 Bowmans Add To Town Myler Now Pt City South Bend Address: 2020 S Main St Parcel Number: 018-8011-050001 State Parcel: 71-08-13-355-003.000-026 Legal Description: Lot 26 Thru 28 Bowman Add To Town Of Myler Now Pt Of City Of So Bend Address: 18 VAC LOT 96X165 MAIN ST Parcel Number: 018-8011-0500 State Parcel: 71-08-13-355-004.000-026 Legal Description: Lots 24 And 25 Bowman Add To The Town Of Myler 15 EXHIBIT B Project Plan The Developer will complete the following work in accordance with the terms and conditions of this Agreement and in compliance with all applicable laws and regulations: The Developer will complete the development of an apartment building with fifty (50) affordable housing units in accordance with the Developer’s Indiana Housing and Community Development Authority Low Income Housing Tax Credit application. The Developer will expend a minimum of $13,000,000 on the project. The Developer will complete the work contemplated herein in accordance with the terms and conditions of this Agreement and in compliance with all applicable laws and regulations. The structure will be considered complete upon the issuance of Certificates of Occupancy for the entire building. 16 EXHIBIT C Description of Local Public Improvements As of the date of this Agreement, it is the parties intent that the Commission will complete, or cause to be completed, the following work in accordance with the terms and conditions of this Agreement and in compliance with all applicable laws and regulations: • Site and foundation preparation and work; and • Pavement of sidewalks, parking lot, other paved surfaces; and • Stormwater related expenses including overall drainage systems; and • Any other local public improvements eligible to be paid from tax increment finance revenues as agreed upon between the Parties. Upon receipt and approval of the contract amounts relating to the Local Public Improvements, the Parties shall identify contracts, or portions thereof, with an aggregate value equal to the Funding Amount. The Parties may thereafter transfer or assign, in whole or in part, any such contracts necessary to implement the Project Plan to the Developer or its affiliates. It is understood between the Parties that the Commission will contribute an amount not to exceed the Funding Amount specified in Section 1.3 of this Agreement for the Local Public Improvements. The Developer shall have the sole responsibility to fund any and all costs associated with Local Public Improvements which exceeds this amount. Any and all costs associated with improvements not explicitly described above and not approved pursuant to Section 4.9 (“Specifications for Local Public Improvements”) or that require funding above the Funding Amount are the sole responsibility of the Developer. 17 EXHIBIT D Form of Easement 18 GRANT OF TEMPORARY EASEMENT THIS INDENTURE, made as of the _________ of ____________, 2026 (the “Effective Date”), by and between KCG Development, LLC , a Florida Limited Liability Company and/or its permitted assigns with its mailing address at 9311 N Meridian Street, Suite 100, Indianapolis, IN 46260 (the “Grantor”), and the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment, 1400S County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (the “Grantee”). WITNESSETH: For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary, non-exclusive easement (the “Easement”) on, in, over, under and across the real property described in attached Exhibit 1 (the “Property”) for the construction, equipping, and delivery of certain improvements on the Property (the “Local Public Improvements”), together with the right of ingress to and egress from the Easement for said purposes, all pursuant to a certain Development Agreement by and between Grantor and Grantee, dated ____________, 2026 (the “Development Agreement”). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Development Agreement. The Easement granted herein shall pertain to the air, surface, and subsurface rights and interests of Grantor, for the use and benefit of Grantee, and its successors and assigns, to the extent necessary to accomplish and carry out the construction, equipping, and delivery of the Local Improvements on the Property. The Easement hereby granted includes the right and privilege for Grantee at reasonable times to clean and remove from said Easement any debris or obstructions interfering with said Easement. The Easement granted herein, and its associated benefits and obligations, shall inure to the benefit of Grantee and Grantee’s contractors acting on Grantee’s behalf in connection with the Local Public Improvements. Notwithstanding anything contained herein to the contrary, unless extended in writing by Grantor, the Easement shall terminate and be of no further force and effect on the date (hereinafter, the “Construction Termination Date”) of the earliest of the following: (a) completion of the Local Public Improvements (b) such earlier date as Grantor and Grantee may agree to in writing. 19 IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on the date shown in the acknowledgment set forth below to be effective as of the Effective Date. GRANTOR: KCG Development LLC Printed: Its: STATE OF _________________ ) ) SS: COUNTY OF _________________ ) Before me, the undersigned, a Notary Public in and for said State, personally appeared ___________, to me known to be the ___________ of the Grantor in the above Grant of Temporary Easement, and acknowledged the execution of the same as the Grantor’s free and voluntary act and deed. WITNESS my hand and Notarial Seal this __________ day of _______________, 20____. ________________________________________________ ___________________________________, Notary Public Residing in _________________ County, _____________ My Commission Expires: _______________________ I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. /s/ Adam E. Taylor This instrument was prepared by Adam E. Taylor, Assistant City Attorney, City of South Bend, Indiana, Department of Law, 215 S. Dr. Martin Luther King Blvd., South Bend, IN 46601. 20 EXHIBIT 1 Description of Property Address: 2018 S Main St Parcel Number: 018-8011-0484 State Parcel: 71-08-13-355-002.000-026 Legal Description: Lot 29 Bowmans Add To Town Myler Now Pt City South Bend Address: 2020 S Main St Parcel Number: 018-8011-050001 State Parcel: 71-08-13-355-003.000-026 Legal Description: Lot 26 Thru 28 Bowman Add To Town Of Myler Now Pt Of City Of So Bend Address: 18 VAC LOT 96X165 MAIN ST Parcel Number: 018-8011-0500 State Parcel: 71-08-13-355-004.000-026 Legal Description: Lots 24 And 25 Bowman Add To The Town Of Myler 21 EXHIBIT E Form of Report to Commission 22 City of South Bend Department of Community Investment Development Agreement Review Answer the below questions and return to the Department of Community Investment. Project Information Project Name: __________________________________________________________ Address: _______________________________________________________________ Construction Completed to Date: Project Schedule Update: Itemized Accounting of Private Investment to Date: Number of Jobs Created: Name: _______________________________________ Address: _______________________________________ _______________________________________ Position: _______________________________________ Email: _______________________________________ Signature: ___________________________________ Date: ___________________ 23 EXHIBIT F Minimum Insurance Amounts A. Worker’s Compensation 1. State Statutory 2. Applicable Federal Statutory 3. Employer’s Liability $100,000.00 B. Comprehensive General Liability a. $5,000,000.00 Each Occurrence b. $5,000,000.00 Annual Aggregate Products and Completed Operation 2. Property Damage a. $5,000,000.00 Each Occurrence b. $5,000,000.00 Annual Aggregate C. Comprehensive Automobile Liability 1. Bodily Injury a. $500,000.00 Each Person b. $500,000.00 Each Accident 2. Property Damage a. $500,000.00 Each Occurrence South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 3/9/2026 FROM: Joseph Molnar, Assistant Director, Growth & Opportunity SUBJECT: Budget Request Morris Parking Garage Design Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approval of $2,000,000 for Design and Site Preparation for the Morris Performing Arts Center Parking Garage SPECIFICS: Over the past few years, the City has completed multiple phases of The NeverEnding Encore which was the culmination of the 100-year anniversary of the Morris Performing Arts Center. Phase I was approximately $10 Million in improvements in the existing historical theater. Phase II was the newly completed Raclin Murphy Encore Center, which is a 20,000 square foot expansion attached to the Morris. Phase III has been envisioned as a new approximate 473 space parking garage attached to the western portion of the Raclin Murphy Encore Center. In addition to The NeverEnding Encore project, the Redevelopment Commission released a Request for Proposals for a partnership to add a residential apartment building adjacent to the proposed parking garage. The Redevelopment Commission voted on July 10, 2026, to proceed with negotiations with local development firm 7 Diamonds. City staff have had ongoing negotiations with 7 Diamonds and hope to have a finalized Development Agreement to present to the RDC this summer. The attached Budget Request would provide funding for the full design of the proposed parking garage as well as funding for required site preparation that is needed to be completed in 2026 including the demolition of the former South Bend Water Works building, removal of existing parking lots, and site grading in preparation for construction to begin in 2027. Full funding for the construction of the parking garage will require multiple funding streams including donated funds from private partners. The requested funding will provide all needed funding prior to full construction. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana A fully finished parking garage will complete the overhaul and modernization of the Morris Performing Arts Center, ensuring the theater’s success as a staple in downtown South Bend as well as providing needed parking for north downtown. Staff recommends approval. South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 3/9/2026 FROM: Joseph Molnar, Assistant Director, Growth & Opportunity SUBJECT: Demolition of former River Glen Office Park and Design Funding Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: $1,700,000 for the demolition of three office buildings at River Glen Office Park and Design Funding for redevelopment SPECIFICS: The Redevelopment Commission acquired the former River Glen Office Park in 2024 for the purposes of redeveloping the valuable five-acre river adjacent property. The Redevelopment Commission issued a Request for Proposals for the site and RDC staff have had continued ongoing discussions with multiple different developers. Through the RFP process and discussions with developers, it became clear that the existing buildings are not suitable for redevelopment in their current layout and will need to be demolished for the site to reach its full potential. Upkeep costs and carrying costs for the three existing former office buildings are currently the responsibility of the Redevelopment Commission. Spending additional resources on the buildings with knowledge that they will not be redeveloped is counterproductive. The proposed budget request provides funding for the demolition of the buildings in 2026 and site preparation for eventual redevelopment. This will save RDC funding currently being expended on management and upkeep of the buildings. Also included in this Budget Request is funding for design costs for the redevelopment of the property. The City envisions the five plus acre site being fully redeveloped which will require considerable design of possible changes to right-of-way and utilities similar in scale to the redevelopment spearheaded by J.C. Hart to the immediate north of River Glen. Having these design funds allocated now will allow City staff to be proactive in design considerations for potential redevelopment. This will allow for more accurate total costs of redevelopment as RDC staff further negotiate with potential developers. Staff recommends approval. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE : March 5th 2026 FROM: Erin Michaels, Property Development Manager SUBJECT: Accepting transfer of 821 Portage Ave & 808 Cushing St from BPW Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approve Resolution No. 3667 Accepting Transfer of 821 Portage Ave & 808 Cushing St from BPW to RDC SPECIFICS: The City of South Bend, through the entity of the Board of Public Works (BPW) is the owner of two vacant parcels at 821 Portage Ave & 808 Cushing St and acquired these parcels through an agreement with Near Northwest Neighborhood Inc in 2013 and 2008 respectively. Since acquisition of these parcels the Near Northwest Neighborhood has seen significant revitalization and redevelopment, and City Staff believe that the Redevelopment Commission (RDC) is a more appropriate entity than BPW to own this property. If redevelopment plans are ever proposed for these parcels, the RDC can take the appropriate actions necessary for the redevelopment. BPW approved their matching resolution authorizing the transfer of this property to the RDC at their meeting on March 10, 2026 and staff recommends approval of this resolution. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION RESOLUTION NO. 3667 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND BOARD OF PUBLIC WORKS WHEREAS, the South Bend Redevelopment Commission (the “Commission”) is the governing body of the City of South Bend, Indiana (the “City”), Department of Redevelopment and exists and operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and WHEREAS, the South Bend Board of Public Works (the “Board”) exists and operates pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City pursuant to Indiana Code Section 36-9-6-3, and is authorized to transfer such property to another governmental entity pursuant to Indiana Code Section 36-1-11-8; and WHEREAS, the Board owns two parcels of real property in the River West Development Area of the City at 821 Portage Ave and 808 Cushing St., which is more particularly described on Exhibit A (the "Property") and WHEREAS, pursuant to declaratory resolutions previously adopted and amended from time to time, the Commission has declared a certain area of the City known as the “River West Development Area” as a redevelopment area and an allocation area under the Act and approved an economic development plan for the Area; and WHEREAS, the Commission desires to obtain title to the Property to encourage the redevelopment of the property and for any other purpose authorized by the Act; and WHEREAS, the Board approved the conveyance of the Property pursuant to its Resolution 12-2026 at its regular meeting held on March 10, 2026. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The Commission hereby accepts the conveyance of the Property from the Board pursuant to I.C. 36-1-11-8 in the form of a quit claim deed substantially similar to the document attached hereto as Exhibit B, conveying all of the Board’s right, title, and interest in the Property to the Commission. 2. The Commission authorizes Erin Michaels of the City’s Department of Community Investment to act on behalf of the Commission in presenting the deed for recordation in the Office of the Recorder of St. Joseph County, Indiana and executing any other document necessary to affect the Commission’s acceptance of the Property. 3. This Resolution will be in full force and effect upon its adoption by the Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on March 12, 2026. SOUTH BEND REDEVELOPMENT COMMISSION ______________________________ Troy Warner, President ATTEST: ______________________________ Eli Wax, Secretary EXHIBIT A Legal Description Parcel I Parcel No. 71-08-02-404-002.000-026 Tax ID: 018-1058-2458 Legal Description: Lot 1 Studebaker Bros Mfg Sub Of 112 & 50 X 82 Ft No End Lot 2 Commonly Known As: 821 PORTAGE, SOUTH BEND, IN 46628 Parcel II Parcel No. 71-08-02-404-001.000-026 Tax ID: 018-1058-2460 Legal Description: Lot 2 Studebaker Bros Mfg Co W 38' Lot 2 W 38 Ft Lot 3 Commonly Known As: 808 CUSHING, SOUTH BEND, IN 46628 EXHIBIT B Form of Quit Claim Deed HOLD FOR: AUDITOR’S RECORD: City of South Bend TRANSFER NO. 215 S. Dr. Martin Luther King Jr. Blvd., Suite 500 TAXING UNIT: South Bend, IN 46601 DATE: PARCEL NO. 018-1058-2458 018-1058-2460 QUIT CLAIM DEED THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, acting by and through its Board of Public Works (the “Grantor”) CONVEYS AND QUIT CLAIMS TO the Department of Redevelopment of the City of South Bend, for the use and benefit of its Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission (the “Grantee”), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the real estate located in St. Joseph County, Indiana: See Attached Exhibit “A” Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of record. The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify that each has been fully empowered and authorized to execute this Quit Claim Deed and that all action necessary to complete this conveyance on Grantor’s behalf has been duly taken. [Signature page follows.] Dated this day of 2026. GRANTOR: Civil City of South Bend, Indiana, acting by and through its Board of Public Works By: Elizabeth Maradik, President ATTEST: _______________________________________ Hillary Horvath Clerk STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this _____ day of , 2026, personally appeared Elizabeth Maradik and Hillary Horvath, known to me to be, respectively, as the President and Clerk of the City of South Bend, Indiana, Board of Public Works, the Grantor named herein, and acknowledged the execution of the foregoing Quit Claim Deed, being authorized by Resolution -2026 of the City of South Bend, Indiana, Board of Public Works so to do. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. , Notary Public Resident of St. Joseph County, Indiana Commission expires: I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Danielle Campbell Weiss Prepared by Danielle Campbell Weiss, Assistant City Attorney, 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600., South Bend, Indiana 46601 Exhibit A Parcel I Parcel No. 71-08-02-404-002.000-026 Tax ID: 018-1058-2458 Legal Description: Lot 1 Studebaker Bros Mfg Sub Of 112 & 50 X 82 Ft No End Lot 2 Commonly Known As: 821 PORTAGE, SOUTH BEND, IN 46628 Parcel II Parcel No. 71-08-02-404-001.000-026 Tax ID: 018-1058-2460 Legal Description: Lot 2 Studebaker Bros Mfg Co W 38' Lot 2 W 38 Ft Lot 3 Commonly Known As: 808 CUSHING, SOUTH BEND, IN 46628 South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE : March 5th, 2026 FROM: Erin Michaels, Property Development Manager SUBJECT: Lease Agreement for Temporary Parking with St. Joseph County Board of Commissioners Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approval of the proposed Lease Agreement for Temporary Parking with St. Joseph County Board of Commissioners SPECIFICS: The Redevelopment Commission owns two surface parking lots in downtown located at the southeast corner of Wayne St & Lafayette Blvd and south of the Lafayette Building. These parking lots were historically used by the City for employee parking. Now that the City has relocated staff to City Hall these parking lots are no longer needed for employee parking. Representatives from the St. Joseph County Board of Commissioners and City staff have negotiated the proposed Lease Agreement for Temporary Parking for the County’s parking needs. The lease would be effective on March 12, 2026 if approved by the RDC and can be terminated at any time by either party with 90 days' notice to accommodate future development of the property. The County would pay $2,000/month in rent to the RDC, however in exchange for performing repairs to the property in the form of sealcoating, striping, the rent would be abated equal to the amount expended by the County with sufficient invoices provided for the City staff’s review. The County will also be required to maintain these parking lots and are responsible for snow and ice removal. This lease will allow these parking lots to be maintained and have an active use until such time as redevelopment opportunities are presented for the property. Staff recommends approval of this agreement. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION 1 LEASE AGREEMENT FOR TEMPORARY PARKING This Lease Agreement For Temporary Parking (this "Agreement") is made on March 12, 2026 (the "Effective Date"), by and between the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment (the "Commission"), and the St. Joseph County Board of Commissioners, a political subdivision of the state of Indiana with its registered office at 227 W. Jefferson South Bend IN 46601 (the "County") (each a "Party," and collectively, the "Parties"). RECITALS A. The Commission owns certain real property and improvements located within the River West Development Area of the City of South Bend, Indiana (the "City"), described more particularly in Exhibit A (the "Property"). B. The County desires to lease the Property for the purpose of parking passenger vehicles of the County's employees and tenants residing in and licensees and invitees visiting the building at 227 W. Jefferson South Bend IN 46601 owned and operated by the County as well as the buildings located in the County’s Court complex (collectively, the "County's Building"). C. The Commission is willing to permit the County to gain access to and lease the Property to provide parking spaces to the County's employees, tenants, licensees, and invitees, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the Parties agree as follows: I. Lease. The Commission grants to the County a temporary, non-exclusive lease to enter and use all parking spaces located on the Property (the "Parking Spaces") for the parking of passenger vehicles of the County's employees and tenants residing in the County's Building and licensees and invitees visiting the County's Building, provided that the County's use of the Property is reasonable at all times and comports with the terms of this Agreement and all applicable laws. The Commission, or its authorized representative, reserves the right to specifically designate the location and configuration of the Parking Spaces on the Property that are available for the County's use and may modify such location or configuration during the Term (as defined below) upon reasonable notice to the County. The County's license is limited to use of the Parking Spaces as stated above and a reasonable course of ingress to and egress from the Parking Spaces. 2. Term. The County's license to use the Parking Spaces shall be effective starting on March 12, 2026 and shall terminate upon revocation as set forth in this Agreement (the "Term"). Upon ninety (90) days' written notice to the County, the Commission or the Commission's authorized representative may revoke and terminate the license at any time for any reason, including, without limitation, to accommodate future development of the Property or the surrounding area, as determined in its, his, or her sole discretion. Notwithstanding the foregoing sentence, the Commission or the Commission's authorized representative may revoke and 2 terminate the license without notice in the event there exists any default of the County's obligations under this Agreement. 3. No Lease or Easement; Assignment. The Commission represents that it is the sole owner in fee simple of the Property and has the lawful right to permit the County to use the Property under this Agreement. The Parties acknowledge and intend that this Agreement will not constitute a lease of or an easement over the Property or the Parking Spaces, and the County will have no right or authority to convey any leasehold or other interest in the Property or the Parking Spaces to any other person or entity, provided, however, that the County may permit the employees and tenants of County's Building to use the Parking Spaces licensed to County hereunder and may charge the tenants a fee for such use. Except as expressly provided in this Agreement, any attempt by the County to grant or lease any interest in the Property or the Parking Spaces to any other person or entity will be void ab initio and of no force or effect. The Parties agree that neither this Agreement nor any of the County's rights under this Agreement may be assigned, in whole or in part, to any other party without the Commission's prior written consent. 4. Rent. In consideration for the license granted in this Agreement, the County will pay a monthly rent of Two Thousand Dollars ($2,000.00) (the "Rent"). The County will pay to the Commission the Rent on the first business day of each month during the Term of this Agreement. In addition, in exchange for the County performing repairs to the Property in the form of sealcoating, striping, and other parking lot maintenance tasks, the Commission agrees to abate the County’s payment of the Rent until the cumulative amount abated is equal to the amount expended by the County for the repairs under the terms of this Agreement. The County will provide the Commission staff verified invoices of all work performed before commencement of the abatement of the Rent. 5. Maintenance. At all times during the period of the lease, the County will keep the Property in good order and condition, including, without limitation, clearing all ice and snow from the Parking Spaces (as the same may be designated or configured from time to time pursuant to Section 1 of this Agreement) and any path of vehicular access to such Parking Spaces from the public rights-of-way abutting the Property, which will be the County's responsibility unless the City or the Commission undertakes to remove ice and snow from the entirety of the Property. The County, at its discretion, will perform all necessary repairs to the Property in the form of sealcoating, striping and other parking lot maintenance tasks excluding those tasks that would pertain to clearing of ice and snow from the Property and maintaining clear access to Parking Spaces and in exchange for those repairs the Rent will be abated per the terms of Section 4. 6. Security. The County understands and agrees that the Commission shall not be liable for any loss, damage, destruction, or theft of the County's property or any bodily harm or injury that may result from the County's use of the Property. The County understands and agrees that it will at all times be solely responsible for the safety and security of all persons, property, and vehicles, including any property contained within the vehicles, on the Property in connection with the County's use of the Parking Spaces under the terms of this Agreement. 7. Storage. The County agrees that it will not store any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the Commission. In addition, the County will not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted at the Property. 8. Regulations; Other Permits. The County understands and agrees that it will, at its 3 own expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to its use of the Parking Spaces. The County understands and agrees that it will secure in its own name and at its own expense all other permits and authorizations, if any, necessary for its use of the Parking Spaces in accordance with the terms of this Agreement. 9. Commission's Use. The Commission reserves the right to use the Property during the Term of this Agreement for any purpose that does not substantially interfere with or obstruct the County's license under this Agreement. 10. Restoration. To the extent that any portion of the Property is disturbed or damaged in connection with the County's use of the Property, including disturbances or damage caused by the vehicles of the County's employees, tenants, licensees, or invitees, the County, at the County's sole expense, shall restore the Property to the condition that existed immediately prior to such disturbance or damage to the satisfaction of the Commission 11. Property Taxes. The County will be responsible, if applicable under Indiana law, for the payment of all real property taxes and assessments, of any nature whatsoever (the "Taxes"), levied against the portion of the Property containing the Parking Spaces for all periods during the term of the County's license. The Commission will have no liability for any Taxes associated with the Property, whether accruing during the term of the license or after the term of the license, and nothing in this Agreement will be construed to require the proration or other apportionment of Taxes resulting in the Commission's liability therefor. 12. Indemnification. The County agrees and undertakes to defend, indemnify, and hold harmless the City and the Commission, and their respective officials, employees, agents, successors, and assigns, from and against any liability, loss, costs, damages, or expenses, including attorneys' fees, which the City or the Commission may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of the license granted herein by the Commission or the County's use of the Property or the Parking Spaces unless due to the City or Commission’s negligence. If any action is brought against the City or the Commission, or their respective officials, employees, agents, successors, and assigns, in connection with the County's use of the Property, the County agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 13. Counterparts; Signatures. This Agreement may be separately executed in counterparts by the Commission and the County, and the same, when taken together, will be regarded as one original Agreement. Electronically transmitted signatures will be regarded as original signatures. 14. Authority. Each undersigned person signing on behalf of his or her respective Party certifies that he or she is duly authorized to bind his or her respective Party to the terms of this 15. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. [Signature Page Follows] 4 IN WITNESS WHEREOF, the Parties have executed this Lease Agreement For Temporary Parking to be effective as of the Effective Date stated above. SOUTH BEND REDEVELOPMENT COMMISSION __________________________________ Troy Warner, President ATTEST: ______________________________ Eli Wax, Secretary ST. JOSEPH COUNTY BOARD OF COMMISSIONERS ______________________________ Carl Baxmeyer, President ______________________________ Anthony Hazen, Vice-President ______________________________ Rafael Morton, Member 5 Exhibit A Description of Property Parcel ID: 018-3008-0251 State Parcel ID: 71-08-12-160-001.000-026 Legal Description: Lots 281 & 282 & W 1/2 Vac Alley E & Adj O P South Bend Sec 12-37-2E 10/11 Vac Ord 9933-09 9-18-09 Commonly Known As: 18 VAC LOT COR LAFAY-WAYNE Parcel ID: 018-3009-0289 State Parcel ID: 71-08-12-151-004.000-026 Legal Description: 42 1/2' N Side Lot 394 Op South Bend Commonly Known As: 117 119 LAFAYETTE South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE : 03/05/2026 FROM: Joe Molnar / Zach Hurst SUBJECT: Budget Request – Qualex Demolition Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Request $500,000 for the Demolition of 921 Louise Street (former Qualex Building) SPECIFICS: The former Qualex Building located at 921 Louise Street has a court order for demolition, affirmed through the Neighborhood Services & Enforcement division in March of 2025. The building is in a severe state of disrepair, with several sections of the roof collapsing, and a portion of the building has collapsed as well. The budget request would go towards the demolition of the commercial complex seen here: ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana It is anticipated that the City will acquire the parcel and prepare it for redevelopment, along with the former YMCA parcels directly south of this property. Significant investment has been made on the Mishawaka Ave corridor in recent years and planned for the former YMCA property in the next few years. Demolition of this blighted property will provide immediate benefits and safety improvements to the surrounding neighborhood and prime the property for further redevelopment opportunities. Staff recommends approval. South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE : March 9, 2026 FROM: Lidya Abreha Project Engineer SUBJECT: Budget Request- Howard Park Bandshell Design Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: This request is for $250,000 to fund a portion of the design services for the Howard Park Bandshell. SPECIFICS: The $250,000 requested will support the design of the Howard Park Bandshell, a state-of-the-art covered, open-air performance venue intended to attract regional visitors through diverse music, entertainment, and theatrical programming. The City is exploring multiple grant and funding opportunities to fund the full construction of the Howard Park Bandshell. These opportunities will help leverage available City funding for the park improvements. Planning for the bandshell began prior to the 2019 overhaul of Howard Park and many support features of the bandshell have already been installed including electrical capacity and other physical support items. The City of South Bend has initiated design services with HGA and have already completed full concept development, including visioning and programming discussions with Venues, Parks & Arts and community partners who are expected to use the space, such as the South Bend Symphony. The completed Bandshell will be an amenity that is unique to this area, further cementing Howard Park as a destination park for both South Bend residents and regional visitors. Staff requests that the Redevelopment Commission approve $250,000 from River East TIF to cover a portion of the design costs. Staff recommends approval. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE : March 12th, 2026 FROM: Patrick Sherman Director of Project Management SUBJECT: Budget Request- River Walk Improvements: Seitz Park to Howard Park Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: This budget request is for $4M for the renovation and improvement of the river walk from the newly developed Sietz Park to the City’s signature park, Howard Park. SPECIFICS: The river walk between Sietz Park and Howard Park is a heavily used section of wooden boardwalk that needs to be replaced. The wood and wooden supports are deteriorating with age, and they sit on gabion baskets along the river have been sinking over time creating an uneven trail surface. As the path continues toward Howard Park under the Jefferson Bridge, the trail has awkward blind corners that is not conducive to a safe and comfortable multi-use trail. This project will replace this portion of river walk with a new 14’ wide, concrete multi-use trail, that will be much more comfortable for users to use, and it will be supported by new piers for a long-lasting asset for the community. The project also contains a new staircase on the north side of the bridge down to the riverwalk from the bridge surface and replaces the concrete staircase that goes down to Howard Park on the south side of the bridge to meet current design standards. It is requested that the Redevelopment commission approves $4,000,000 from River East Residential TIF to cover the final design and construction of this portion of the riverwalk. Thank you for your consideration of this request. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION