HomeMy WebLinkAbout5B2 3rd Amendment to Development Agreement (GLC) - Fully ExecutedSouth Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Redevelopment Commission Agenda Item
D ATE : March 24, 2026
F ROM: Erik Glavich,
Director of Growth & Opportunity
SUBJECT: Third Amendment to Development Agreement
(Great Lakes Capital Madison Lifestyle)
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: Third Amendment to the Development Agreement with GLC, extending the
Mutual Project Diligence period for 2 additional months
SPECIFICS: On March 28, 2024, the Redevelopment Commission approved a Development Agreement
with Great Lakes Capital for the Madison Lifestyle District. The First Amendment (August 22, 2024)
corrected an omitted parcel, and the Second Amendment (September 25, 2025) extended the Mutual
Project Diligence period from 18 to 24 months.
This Third Amendment further extends the Mutual Project Diligence period from 24 months to 26
months (to the end of May) due to circumstances requiring additional planning, coordination, and
evaluation. Having moved to the new parking lot at the location of the former South Bend Medical
Foundation building, all Beacon staff have recently vacated the project site. Design is largely complete,
and the City contractor is preparing to begin work in April.
GLC and City staff have worked closely to finalize all considerations related to this complex project of a
new parking garage, apartment building, and hotel. This 2-month extension of the Mutal Project Diligence
period allows GLC and City staff time to finalize the Notice to Commence.
______________ ___________Pres/V-Pres
ATTEST: __________ ________Secretary
Date: _____________ _______
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
March 26, 2026
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THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
This THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (this “Third
Amendment”) is made and entered into to be effective as of March 26, 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 Great
Lakes Capital Development, LLC, an Indiana Limited Liability Company, with offices at 7410
Aspect Drive, Suite 100, Granger, IN 46530 (the "Developer") (each, a "Party," and collectively,
the "Parties").
RECITALS
A.The Parties entered into that certain Development Agreement dated effective March
28, 2024, as amended by a First Amendment to Development Agreement dated August 22, 2024
and a Second Amendment to Development Agreement dated effective September 25, 2025
(collectively the “Development Agreement”), pertaining to certain local public improvements to
renovate, rehabilitate, and activate the Project Property.
B.Section 3.1(a) of the Development Agreement established that the Parties would
cooperate in good faith to prepare, evaluate, and agree on a planning schedule regarding various
aspects of the Project and established a Mutual Project Diligence period of twenty-four (24)
months.
C.The Parties continue to engage in Mutual Project Diligence and believe that
extending the Mutual Project Diligence period to twenty-six (26) months is necessary and in the
best interests of both Parties due to unforeseen circumstances.
D.The Parties now desire to amend the Development Agreement as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of these premises, and the mutual covenants and
promises contained herein and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Developer and the Commission hereby agree as follows:
1.Recitals. The recitals set forth above, including each and every recital contained
therein, are incorporated into and made a part of this Third Amendment as though fully set forth
herein.
2.Amendment. The Development Agreement is hereby amended as follows:
In Section 3.1(a), the second sentence, which states:
“The Mutual Project Diligence shall be completed no later than
twenty-four (24) months from the Effective Date.”
shall be deleted in its entirety and replaced with the following:
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“The Mutual Project Diligence shall be completed no later than
twenty-six (26) months from the Effective Date.”
3.Entire Agreement; Conflict. Except as otherwise stated herein, all other terms,
conditions and agreements contained in the Development Agreement remain unmodified and in full
force and effect. To the extent a conflict exists between the terms of this Third Amendment and the
Development Agreement, the terms of this Third Amendment shall control. Capitalized terms used
in this Third Amendment will have the meanings set forth in the Development Agreement unless
otherwise stated herein.
4.Counterparts; Electronic or Facsimile Transmission. This Third Amendment
may be executed in counterparts which, when combined, shall constitute one instrument. The
electronic or facsimile transmission of a signed counterpart of this Third Amendment shall be
binding upon the party whose signature is contained on the transmitted copy.
Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Third Amendment to
Development Agreement to be effective as of the Effective Date set forth above.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Troy Warner, President
ATTEST:
______________________________
Eli Wax, Secretary
GREAT LAKES CAPITAL DEVELOPMENT LLC
______________________________
Bradley J. Toothaker, Manager
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