HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 04.09.26South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Agenda
Regular Meeting
April 9, 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) March 2024 to December 2027
•Dave Relos, Vice President – (Mayor) December 2025 to December 2026
•Eli Wax, Secretary – (Mayor) February 2025 to December 2027
•Gillian Shaw, Commissioner – (Mayor) November 2024 to January 2026
•Ophelia Gooden-Rodgers, Commissioner – (Council) February 2025 to December 2027
•Marcus Ellison, Non-Voting Advisor – (School Board) February 2025 to December 2026
2.Approval of Minutes
A.Minutes of the Regular Meeting of March 26, 2026
3.Approval of Claims
A.Claims Allowance March 24, 2026
4.Old Business
A.None
5.New Business
A.River West Development Area
1.Opening of Proposals (State Theater)
2.Purchase Agreement (The Row at Ward)
3.Purchase Agreement (1522-1526 Prairie Ave.)
4.Lease Agreement Main/Wayne Parking Garage (South Bend Bike Garage)
5.Budget Request (Improvements of RDC Owned Properties)
B.Redevelopment General Fund (a.k.a. Pokagon-South Bend Fund)
1.Budget Request (Westside Greenway)
6.Progress Reports
A.Tax Abatement
B.Common Council
C.Other
South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Page | 2
7.Next Commission Meeting
Thursday, April 23, 2026, 9:30 a.m. at Council Chambers, Room 301
8.Adjournment
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South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Minutes
Regular Meeting
March 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 9:31 a.m.
President Troy Warner presiding.
1. ROLL CALL
Members Present: Troy Warner, President
Eli Wax, Secretary
Gillian Shaw, Commissioner
Ophelia Gooden-Rodgers, Commissioner
Marcus Ellison, Non-Voting Advisor
Members Absent: Dave Relos, Vice President
Legal Counsel: Jenna Throw, City Attorney
Redevelopment Staff: Darryl Scott, Chief of Staff, Mayor’s Office
Joseph Molnar, Deputy Director, DCI
Erik Glavich, Director of Growth and Opportunity, DCI
Lewis Kouassi, Director of Finance, DCI
Erin Michaels, Property Development Manager, DCI -
Virtual
Chris Dressel, Senior Planner, DCI
Laura Hensley, Board Secretary, DCI
Attending: Eric Horvath, Director of Public Works
Jitin Kain, Deputy Director of Public Works
Abigail Magas, City Engineer, Engineering
Leslie Biek, Assist. City Engineer, Engineering
Charlotte Brach, Assist. City Engineer, Engineering
Rebecca Plantz, Director of Engineering Services,
Engineering
Patrick Sherman, Project Manager, Public Works
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
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Lidya Abreha, Project Engineer, Engineering
Murray Miller, 1201 Priscilla Dr.
Matt Barrett, 110 S. Niles Ave.
Linda Brothersen, Great Lakes Capital
Riley Ellingsen, Wharf Partners, LLC
Thomas Panzica, Wharf Partners, LLC
Andrea Crawford, Near West Side Neighborhood
Megyn Edmonson, Near West Side Neighborhood
2. Approval of Minutes
A. Approval of Minutes of the Regular Meeting of Thursday, March 12, 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 March 12, 2026.
3. Approval of Claims
A. None
4. Old Business
A. None
5. New Business
A. West Washington Development Area
1. Budget Request (West Washington Mid-Block Crossing)
Joseph Molnar, Deputy Director of Community Investment presented
this budget request for $90,000 to build a permanent mid-block crossing
on Washington St. The Near West Side Neighborhood Plan, approved
several years ago, specifically identified the need for an enhanced mid-
block crossing at this location, as shown on the map included in the plan.
As a result of that directive from the neighborhood planning process,
site design services for the project were completed in July of last year. In
2024, the City installed a temporary crosswalk and asphalt art
treatment to evaluate functionality and neighborhood response. The
installation received positive feedback from residents and was later
decommissioned after the evaluation period. This project site would
further advance the broader Near West Side Greenway initiative,
enhancing the overall corridor running from Colfax Avenue southward.
It serves as an integral connection between the areas north and south of
Washington Street, improving continuity within the neighborhood. The
proposed crossing will facilitate safer pedestrian and bicycle movement,
improve regional connectivity, and create a more accessible
environment, while still maintaining smooth vehicular traffic flow
through the neighborhood.
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
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The project scope includes the design and construction of one
permanent mid-block pedestrian crossing directly in front of the Civil
Rights Heritage Center. Improvements would include curb bump-outs to
reduce crossing distance, along with seeding, native landscaping, and
other pedestrian-oriented amenities. Current construction cost
estimates are approximately $106,000. The budget request seeks
$90,000 from the West Washington TIF district, in which the project site
is located. The City has identified additional funding from other sources
to cover the remaining cost.
Megyn Edmonson and Andrea Crawford, Near West Side residents,
spoke in support of the project, noting that the mid-block crossing was
identified through the neighborhood planning process. They emphasized
its central location, proximity to historic and cultural sites, and its
importance for traffic calming and improved walkability.
President Warner asked about the remaining funds in the West
Washington TIF. Mr. Molnar confirmed that although the West
Washington TIF expired in 2025, one final payment will be received in
2026 due to the one-year lag in tax collections. Because the TIF was still
active during the 2025 tax year, additional revenue is expected this year
that has not yet been allocated. City staff intend to work with the
Neighborhood Association and area residents to prioritize remaining
funds for projects identified in the neighborhood plan. While an exact
balance is still being finalized, it is estimated that approximately
$500,000—or potentially more—remains available as discretionary
funding.
Upon a motion by Gillian Shaw for approval, seconded by Ophelia
Gooden-Rodgers, the motion carried unanimously; the Commission
approved the Budget Request as presented on March 26, 2026.
B. River West Development Area
1. Budget Request (Kennedy Park Improvements)
Patrick Sherman, Director of Project Management, presented this
budget request for $1.5 million for the renovation and improvement of
Kennedy Park. Mr. Sherman explained that the existing Kennedy Park
water playground has experienced significant operational issues, offers
limited depth, does not allow swimming, and is now permanently closed.
The play features are outdated and primarily serve toddlers. More
broadly, the park is large but disconnected, with an aging playground,
poor parking lot layout and circulation, limited sidewalks, unplayable
tennis courts, and a large, underutilized area on the northeast side of the
park.
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
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The Venues, Parks and Arts Department successfully applied for and
received a competitive Outdoor Recreation Legacy Partnership (ORLP)
grant through the Indiana Department of Natural Resources (DNR).
While initial project costs came in higher than anticipated, the DNR has
agreed to increase its matching funds due to the importance of the
project and its alignment with program goals.
Mr. Sherman outlined the proposed scope of improvements, which
includes a new pool and pool building, a new playground, pavilions, an
expanded parking lot, new athletic courts, a walking trail loop around the
park, and native landscaping in areas currently maintained as mowed
grass.
The new pool will feature a water playground area, transitional play
elements, pool basketball, a deeper swimming area with lap lanes, a
plunge slide, and a climbing wall, allowing users to progress as their
swimming skills develop. The new pool building will include restrooms,
showers, a meeting room, staff space, and a concession area.
The funding request includes $1.5 million from the River West TIF
district to leverage the full DNR match. The project was initially
supported by a $5 million neighborhood bond, followed by a $2.5 million
City Council appropriation to secure the original $7.5 million ORLP
grant. With the DNR increasing its contribution to $9 million, the TIF
request would allow the City to complete an $18 million project using $9
million in City funds.
Commissioner Gooden-Rodgers inquired about the project timeline and
Mr. Sherman explained that within the next month or so it will start and
we are currently working through the bidding process. He also clarified
that there will be two pickle ball courts and a basketball court near the
pool building. The project includes a pathway running through the site,
with native landscaping throughout the area. This space will function as
a natural area that can be used by the school and for VPA programming.
Secretary Wax inquired about the project completion timeline, and Mr.
Sherman indicated that completion is anticipated in July 2027. President
Warner also commented that this project has been under discussion for
several years, dating back to the neighborhood bond approved in early
2023. Early planning showed that while many nearby residents use the
water park, it also serves families citywide and draws visitors from
LaPorte County. It’s a significant community asset, and he is glad to see
construction finally moving forward.
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
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Upon a motion by Ophelia Gooden-Rodgers for approval, seconded by
Eli Wax, the motion carried unanimously; the Commission approved the
Budget Request as presented on March 26, 2026.
2. 3rd Amendment to Development Agreement (GLC, Madison Lifestyle
District)
Erik Glavich, Director of Growth & Opportunity, presented a proposed
amendment to the GLC Madison Lifestyle District Development
Agreement. The request is for a two-month extension of the due
diligence period for this multi-phase, transformative redevelopment
project south of Beacon Memorial Hospital.
The project, previously approved by the Commission with $5.78 million
in funding, is part of a broader agreement involving the City, GLC, and
Beacon, including land contributions and parking improvements. The
extension follows a six-month extension approved last September and is
needed to finalize remaining financial and project details.
Mr. Glavich noted that the project is progressing, with bids issued,
fencing scheduled, and construction expected to begin soon. The
extension will not delay construction and is intended to ensure all
funding mechanisms and commitments are fully aligned.
Linda Brothersen, with Great Lakes Capital noted that the next step
following the due diligence period will be issuance of a notice to
commence, outlining project elements contemplated in the development
agreement. Due to the project’s complexity, particularly related to
funding sources and mechanisms—a two-month extension is requested
to allow staff to present all details clearly and comprehensively.
In response to a question from President Warner regarding whether the
extension will delay the project, staff confirmed that the extension will
not delay construction or the overall project timeline. Design and
preparatory work are ongoing, required state funding deadlines are
being met, and the extension is intended to ensure all City funding tools,
including abatements and district mechanisms, are fully aligned and
documented for the Commission’s review.
Commissioner Gooden-Rodgers asked if two months would be enough
of an extension, Ms. Brothersen noted that the City’s commitments,
including potential tax abatement, were reaffirmed through the
confirmation agreement. The project’s support through the IDD is in
place and aligns with those commitments. The IDD is in a good position,
and written IDC approvals allow staff to prepare responses for the
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
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Commission. No issues from due diligence are expected to impact the
project completion date.
Commissioner Shaw asked whether any issues identified during the due
diligence period were contributing to the project’s complexity and
whether there was any potential impact on the project completion date.
Ms. Brothersen indicated that no due diligence issues are expected to
affect the project completion date, which has continued to move
forward. The November 2024 confirmation agreement reaffirmed key
items that allowed both the City and GLC to proceed with design and
related expenditures. The project’s complexity primarily relates to the
financial structure, including funding flow, return on cost, and tax
abatements, rather than construction. Ms. Brothersen noted that
upcoming discussions will focus on clearly defining these financial
mechanisms.
Upon a motion by Ophelia Gooden-Rodgers for approval, seconded by
Eli Wax, the motion carried unanimously; the Commission approved the
Amendment as presented on March 26, 2026.
C. River East Development Area and Residential Development Area
1. Budget Request (Riverwalk Improvements Seitz to Howard Phase 2)
Patrick Sherman, Director of Project Management, presented this
budget request for $5.6 million for renovation and improvement of the
Riverwalk from newly developed Seitz Park to Howard Park. This
heavily used section of the Riverwalk is currently in poor condition and is
experiencing settlement issues. It is supported by aging gabion baskets
that are deteriorating, with a wooden surface that creates an uneven
and uncomfortable experience for pedestrians and cyclists. As a result,
this segment provides a poor connection between two of our signature
downtown parks.
This area also includes The East Race, another key attraction for the
City. The existing dock was replaced with a temporary structure due to
deterioration; however, it is not ADA accessible and does not adequately
support East Race operations. In addition, the East Race Bridge is narrow
and surfaced with composite decking over deteriorating wood, creating
safety concerns. The section near the Emporium Building and under the
Jefferson Bridge is particularly challenging, with sharp turns and limited
clearance that make it uncomfortable for users.
The proposed improvements would create a continuous, cohesive
Riverwalk design between Seitz Park and Howard Park using consistent
materials and finishes. The new Riverwalk would be pile-supported,
similar to a bridge, and constructed of 14-foot-wide concrete with
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
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lighting. The East Race Bridge would be widened to 14 feet,
reconstructed in concrete, and designed to match Seitz Park. A new,
wider, ADA-accessible dock would be constructed to support East Race
operations and serve as a portage location upriver of the dam.
Improvements near the Jefferson Bridge would include widening the
Riverwalk, removing an existing planter, and adding a new stairway to
provide access from the bridge. On the Howard Park side, the existing
narrow concrete stairway would be removed and replaced to meet
current safety and accessibility standards.
The total funding request is $4.0 million from River East Residential and
$1.6 million from River East. Bids were received on March 10, and
project costs are now known. This funding would fully support the
project.
Secretary Wax stated the river is one of South Bend’s greatest assets,
and it’s encouraging to see continued investment in making it more
accessible and safer. He especially appreciates the improvements under
the bridge to address visibility and safety concerns. His question is about
the broader vision for the downtown Riverwalk. Is this project part of a
larger, cohesive plan to ensure future Riverwalk improvements connect
well and function as an integrated loop, rather than appearing
piecemeal, as additional sections are completed over time? Mr. Sherman
explained that the City has completed multiple Riverwalk improvements
over time, including projects at Joe Kernan Park, Howard Park, Seitz
Park, and Pinhook Park. Additional planning for future Riverwalk
enhancements is ongoing, with the Planning Department leading
broader efforts.
Mr. Sherman noted that concepts have been explored for the West side
of the river, including the West Trail from Seitz Park toward the Century
Center. While prior funding and bidding challenges delayed that work,
the plan remains in place for future consideration.
Joseph Molnar also added that the City’s goal is to ensure Riverwalk
improvements function as part of a cohesive, connected system rather
than isolated segments. The recently approved Downtown 2045 Plan
emphasizes river activation, safety, accessibility, and creation of a
continuous downtown loop similar to peer communities. The current
project is one component of that long-term vision.
Commissioner Gooden-Rodgers asked whether the project, which is
funded with TIF and taxpayer dollars, would involve local contractors
and labor, including local trades such as ironworkers, laborers, and
electricians. Mr. Sherman responded that the project was publicly bid
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
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and awarded to a contractor that is relatively local and utilizes a
significant amount of local labor. Staff indicated that the majority of the
work is expected to be completed by local workers.
Commissioner Shaw asked about the consequences of not proceeding
with the project, including safety concerns and whether the Riverwalk
would eventually need to be closed. Mr. Sherman explained that the
Riverwalk is currently experiencing settlement issues but is not
considered unsafe at this time. Venues, Parks, and Arts would continue
to monitor conditions and would close the area if it became unsafe. Mr.
Sherman noted that the improvements are necessary long-term, as the
new design will use deep pier support rather than resting on the
riverbed, preventing future settlement issues. The existing East Race
dock is also in deteriorating condition and would eventually need to be
closed if not replaced.
Upon a motion by Eli Wax for approval, seconded by Gillian Shaw, the
motion carried unanimously; the Commission approved the Budget
Request as presented on March 26, 2026.
D. River East Development Area
1. 3rd Amendment to the Wharf Development Agreement
Joseph Molnar, Deputy Director of Community Investment, presented
this 3rd Amendment to the Development Agreement with Wharf
Partners, LLC for completion of the Cascade development. The Third
Amendment relates to the northern parcel of the Wharf site, located just
north of the recently discussed Riverwalk improvements. The southern
portion, known as Cascade Phase One, was completed and opened in
2019. This amendment addresses Phase Two, which is planned for the
adjacent northern parcel next to the expanded Riverwalk. The original
development agreement between the Redevelopment Commission and
Wharf Partners was approved in 2018 and envisioned a two-phase
redevelopment of a vacant riverfront property across from Seitz Park in
the East Bank neighborhood. Phase One included a seven-story tower
and the Cascade restaurant, which opened in August 2024. While the
building was completed in late 2019, the restaurant was delayed due to
the COVID-19 pandemic and its impact on the hospitality industry.
Phase One exceeded expectations. The developer invested $5.25 million
more than originally committed and restaurant employment more than
doubled to approximately 65 employees. Prior to redevelopment, the
site generated roughly $3,000 annually in property taxes. Today, the
project generates approximately $210,000 per year, representing an
increase of more than 6,800 percent, with an estimated payback period
of 13 years. This does not include additional income tax revenue
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
Page | 9
generated by employees. In addition, although not required by the
agreement, the developer donated land that allowed the City to
significantly widen and improve the Riverwalk adjacent to the site.
Progress on Phase Two was delayed due to the extended construction
timeline of Seitz Park, which required use of the Phase Two parcel as a
laydown area at no cost to the City. Seitz Park officially opened in
Summer 2025. No RDC funding has yet been expended for Phase Two.
In August 2025, the Second Amendment updated project budgets and
timelines to account for pandemic-related cost increases and
construction delays. It also expanded the scope of Phase Two to include
an eight-story tower, 20–24 residential units, and at least 10,000 square
feet of Class A commercial space.
The Third Amendment before you today propose several additional
updates. It increases the RDC’s total commitment by $1 million and
increases the developer’s total investment to $65 million across both
phases, reflecting continued cost escalation outside the control of either
party. Since approval of the Second Amendment, the developer has
completed design work, advanced cost estimates, and entered City plan
review, where higher-than-anticipated costs were confirmed.
The amendment also addresses coordination with the Colfax Avenue
streetscape project. Because Phase Two construction will require
temporary use of the sidewalk and tree lawn area adjacent to the site,
the City will be unable to complete streetscape improvements in that
segment during construction. Under this amendment, the developer will
complete the Colfax Avenue streetscape improvements adjacent to
their property at the conclusion of Phase Two, using the City’s approved
design.
Additionally, the amendment updates local public improvements to
allow installation of necessary water and sewer infrastructure during
the streetscape work, avoiding future disruptions to newly completed
road and sidewalk improvements. Overall, this amendment reflects
increased investment by both the City and the developer and reinforces
the original vision of the Wharf as a cohesive, river-oriented
redevelopment that complements Seitz Park and the Riverwalk.
Thomas Panzika with Wharf Partners, LLC addressed the Commission
along with Riley Ellingsen, a partner in Phase Two. He stated that the
project’s goal has always been to attract downtown residents who are
owners and long-term stakeholders. Phase One successfully achieved
this; however, rising construction costs and market conditions have
created affordability challenges for Phase Two. City assistance remains
essential to keep condominium pricing competitive with lower-cost, low-
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
Page | 10
rise developments. Mr. Panzika noted that while ongoing construction
has been challenging, it represents progress, and he believes the
completed project will be a major asset for downtown and the East Bank.
He thanked the Commission for its support and requested approval of
the amendment.
Commissioner Warner asked whether the increased costs reflected both
higher construction bids and the developer assuming responsibility for
streetscape work, and whether this would result in savings to the City.
Erik Horvath, Director of Public Works, explained that the streetscape
work will be completed by the developer using the same bid unit prices,
resulting in a net offset. Leslie Biek, Assistant City Engineer, stated that a
change order will be issued once final amounts are confirmed.
Secretary Wax asked about changes in the timeline and Mr. Molnar
stated that there is no amended timeline and construction should start
the end of April with completion in 2029. Commissioner Shaw
commended the Wharf Partners for their investment and partnership.
President Warner also spoke in favor of the project.
Upon a motion by Troy Warner for approval, seconded by Ophelia
Gooden-Rodgers, the motion carried unanimously; the Commission
approved the Amendment as presented on March 26, 2026.
E. Administrative
1. 2025 Fiscal Report
Erik Glavich, Director of Growth and Opportunity, explained that higher
costs in 2024 were driven by several major projects funded through TIF,
while 2025 expenditures were significantly lower. Key 2025
investments included the Dream Center, City Hall improvements, and
approximately $2.5 million in support for affordable housing developed
by 466 Works. Despite relatively flat revenues, expenditure declined,
resulting in a stronger year-end fund balance. Debt service remained
stable with no significant changes.
Mr. Glavich clarified that the report presented reflects a snapshot of
fund balances as of January 1, 2026, and serves as preparation for the
State-required TIF Management Report due April 15, as well as the
annual spending plan later in the year. In response to questions
regarding cash on hand versus existing commitments, staff reported that
approximately $56.5 million was encumbered as of January 1,
representing about two-thirds of the total fund balance. These
commitments relate to long-term, multi-year projects, and staff
emphasized that the Commission maintains a healthy balance and
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
Page | 11
continues to reinvest TIF funds consistent with their intended purpose
of supporting redevelopment and neighborhoods.
President Warner asked, in addition to our current cash on hand, we also
have funds committed to projects that have not yet started or are
scheduled several years out, such as the Monroe project. What is the
total amount currently committed to those future projects? Mr. Glavich
responded that he reviewed encumbered funds as of January 1, noting
that approximately $56.5 million was committed to existing projects,
representing about 67% of the $83.86 million fund balance. These
commitments include long-term, multi-year projects such as The
Monreaux and the GLC project. Staff emphasized that the Commission
maintains a healthy fund balance and continues to responsibly reinvest
TIF funds in residential and neighborhood redevelopment. President
Warner requested a breakdown of encumbered funds by TIF district for
future reference and potential inclusion in reporting.
Upon a motion by Eli Wax to accept, seconded by Gillian Shaw, the
motion carried unanimously; the Commission accepted the 2025 Fiscal
Report as presented on March 26, 2026.
6. Progress Reports
A. Tax Abatement
None
B. Common Council
None
C. Other
Joseph Molnar, Deputy Director of Community Investment, gave updates
on the following.
• Former Elwood Shopping Center, demolition has started.
• READI Blight Grant Application was submitted for the former YMCA.
• Qualex Building Demolition, bids were approved and will begin soon.
• Diamond View Project started leasing space 1/3 filled.
• Stoic Beverages Project, utilities hooked up and in plan review stage.
President Warner spoke of the positive improvements to the Four Winds
Field project.
7. Next Commission Meeting
Thursday, April 9, 2026, 9:30 a.m., City Hall Council Chambers 3rd Floor
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – March 26, 2026
Page | 12
8. Adjournment
Thursday, March 26, 2026, 10:41 a.m.
______________________________ ______________________________
Ophelia Gooden-Rodgers, Commissioner David Relos, Vice President
City of South Bend
Department of Administration & Finance
Claims Allowance Request
To:South Bend Redevelopment Commission
From:Kyle Willis, City Controller
Date:Tuesday, March 24, 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-0131168 $70,699.07
GBLN-0131766 $1,230,328.63
GBLN-0132382 $80,870.24
Total:$1,381,897.94
_______________________________
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:
Expenditure approval
RDC Payments-3/17/26 Pymt Run
GBLN-0131766
Payment method:
Voucher:
Payment date:
Vendor#
V-00000019
V-00000019
V-00000019
V-00000019
V-00000019
V-00000019
Payment method:
Voucher:
Payment date:
Vendor#
V-00000107
V-00000107
Payment method:
Voucher:
Payment date:
ACH-Total
RDCP-00046615
3/17/2026
Name
ABONMARCHE
CONSULTANTS
OF IN
ABONMARCHE
CONSULTANTS
OF IN
ABONMARCHE
CONSULTANTS
OF IN
ABONMARCHE
CONSULTANTS
OF IN
ABONMARCHE
CONSULTANTS
OF IN
ABONMARCHE
CONSULTANTS
OF IN
CHK-Total
RDCP-00046616
3/17/2026
Name
AMERICAN
STRUCTUREPOI
NT INC
AMERICAN
STRUCTUREPOI
NT INC
CHK-Total
RDCP-00046617
3/17/2026
Invoice#
162756
162763
162715
162711
162711
162713
Invoice#
201861
201428
Line description Due date Invoice amount Financial dimensions Purchase order
324-10-102-121-444000--
Rabbi Shulman Demolition PSA 3/22/2026 $400.00 PROJ00000440 PO-0037945
430-10-102-121-431002--
3/22/2026 $2,000.00 PROJ00000623 PO-0039235
429-10-102-121-431002--
3/21/2026 $10,300.00 PROJ00000692 PO-0041923
324-10-102-121-439018--
3/21/2026 $5,522.50 PROJ00000627 PO-0037684
324-10-102-121-439018--
3/21/2026 $8,500.00 PROJ00000627 PO-0037684
429-10-102-121-431002--
Amendment #2 - Abonmarche Design Services
Sidewalk design
CO#1 Portage-Elwood Demolition - Engineering services -
Amendment #1
Change Order #2 -Elwood Demolition - Engineering
Services Amendment #2
Potawatomi Ph 2 Design
3/21/2026 $7,300.00 PROJ00000683 PO-0041079
Line description Due date Invoice amount Financial dimensions Purchase order
Beacon District Project -SBMF Demo PSA -Amend #6 324-10-102-121-431000--
(Utility & Water Main 3/25/2026 $152,192.97 PROJ00000528 PO-0029313
324-10-102-121-431002--
Market District Preliminary Engineering 3/19/2026 $205,843.00 PROJ00000526 PO-0029308
Expenditure approval
RDC Payments-3/24/26 Pymt Run
GBLN-0132382
Payment method:
Voucher:
Payment date:
Vendor#
V-00000822
V-00000822
Payment method:
Voucher:
Payment date:
Vendor#
V-00003121
Payment method:
Voucher:
Payment date:
Vendor#
ACH-Total
RDCP-00046815
3/24/2026
Name
INDIANA
EARTH
INDIANA
EARTH
CHK-Total
RDCP-00046816
3/24/2026
Name
THK Law, LLP
ACH-Total
RDCP-00046817
3/24/2026
Name
RATIO
Invoice#
APP #2
APP #8
Invoice#
38
Invoice#
V-00006617 Architects, LLC 2105500037909
Payment method:
Voucher:
Payment date:
Vendor#
V-00008094
CHK-Total
RDCP-00046818
3/24/2026
Name
LYFT, Inc
Invoice#
1001230784
Line description Due date
Change order -Asbestos Abatement and debris removal 3/30/2026
Beacon Parking Lot - CO#1 - Scope Addition 1/14/2026
Line description Due date
Legal Services -300 E. Lasalle/ CCD 3/29/2026
Line description Due date
MPAC Additions Professional Services -CO #4 3/30/2026
Line description Due date
Commuters Trust -Adult Day Bus Passes 3/30/2026
Invoice amount Financial dimensions
422-10-102-121-439018--
$45,221.40 PROJ00000618
324-10-102-121-439018--
$10,291.89 PROJ00000528
Invoice amount Financial dimensions
$7,111.50 429-10-102-121-431001--
Invoice amount Financial dimensions
324-10-102-121-431002--
$15,330.42 PROJ00000294
Invoice amount Financial dimensions
433-10-102-123-439300--
$2,615.03 PROJ00000383
Purchase order
PO-0040371
PO-0036234
Purchase order
PO-0029493
Purchase order
PO-0013835
Purchase order
PO-0042519
South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 4/3/26
FROM: Erin Michaels – Property Development
Manager
SUBJECT: Opening of State Theatre Proposals
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Public Opening of State Theatre Request for Proposal Submissions
SPECIFICS: On December 11, 2025 the Redevelopment Commission (“RDC”) approved a Request for
Proposal (RFP) for the State Theatre that outlined the desire to have the building completely rehabilitated
with a Public-Private partnership component.
The building is approximately 42,000 square feet and located on 0.37 acres on the Michigan St corridor in
downtown. The RFP set 9AM local time on April 9th, 2026 as the deadline for all submissions.
Any and all submissions received by that time will be opened publicly at the April 9, 2026 RDC meeting.
______________ ___________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
D ATE : April 1st, 2026
FROM: Joseph Molnar, Deputy Director of Community
Investment
SUBJECT: The Row at Ward Real Estate Purchase
Agreement for Sale of Real Property
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 Row at Ward Real Estate Purchase Agreement for Sale of Real
Property
SPECIFICS: The Redevelopment Commission (“RDC”) currently owns seven (7) vacant parcels on Portage
Ave that were acquired by the Board of Public Works in 2008. These parcels were then transferred to the
RDC in 2020 to better be able to redevelop these properties.
ID2, LLC is an entity created and run by Jordan Richardson of Property Bros, LLC who is a local housing
developer who has completed many renovations and new builds in the City of South Bend. The proposed
Purchase Agreement (the “Agreement”) would be for the sale of these seven (7) vacant parcels on Portage
to ID2, LLC to construct a new housing development just south of the recently opened Portage Place
project (formerly Ward Bakery).
The agreement commits ID2, LLC to the following terms:
-Purchase Price: $1,000
-Due Diligence Period: 12 months
o The extended due diligence period allows for time for on the ground site research
necessary for this project
-Closing Deadline: 90 days
-Minimum Investment: $2,100,000.00
-Unit Count: 14 total units, 7 of which are to be sold at 100% AMI
-Construction Start Deadline: 12 months after closing date
-Construction Completion Deadline: 24 months after closing date
The sale of these vacant parcels will provide mixed income housing units to the Near Northwest
Neighborhood which has seen significant revitalization and redevelopment.
Staff recommends approval of this agreement.
______________ ___________Pres/V-Pres
ATTEST: __________ ________Secretary
Date: _____________ _______
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (this “Agreement”) is made on April 9, 2026 (the
“Contract Date”), by and between the City of South Bend, Indiana, Department of Redevelopment,
acting by and through its governing body, the South Bend Redevelopment Commission (“Seller”)
and ID2 LLC, an Indiana Limited Liability Company with registered offices at 1251 N Eddy St,
Suite 200, South Bend, IN 46617 (“Buyer”) (each a “Party” and together the “Parties”).
RECITALS
A. Seller exists and operates pursuant to the Redevelopment of Cities and Towns Act
of 1953, as amended, being Ind. Code 36-7-14 (the “Act”).
B. In furtherance of its purposes under the Act, Seller owns seven (7) parcels of real
property located in South Bend, Indiana (the “City”) commonly known as 710 Rex & 808-838
Portage Ave, and more particularly described in attached Exhibit A (the “Property”).
C. Pursuant to the Act, Seller adopted its Resolution No. 3519 on April 23, 2020,
whereby Seller established a total offering price of One Hundred Twenty Six Thousand Seven Hundred
Fifty Dollars ($126,750) for the Property.
D. Pursuant to the Act, on April 23, 2020, Seller authorized the publication, on April 24,
2020 and May 1, 2020, respectively, of a notice of its intent to sell the Property and its desire to
receive bids for said Property on or before May 14, 2020, at 9:00A.M.
E. On May 14, 2020, at 9:00A.M., Seller received no bids for the Property.
F. Buyer subsequently expressed interest in purchasing the Property for purposes of
constructing a mixed income housing development.
G. Having satisfied the conditions stated in Section 22 of the Act, Seller now desires to
sell the Property to Buyer on the terms stated in this Agreement.
THEREFORE, in consideration of the mutual covenants and promises in this Agreement
and other good and valuable consideration, the receipt of which is hereby acknowledged, Buyer
and Seller agree as follows:
1. RECITALS
The recitals above are hereby incorporated into this Agreement by reference.
2. OFFER AND ACCEPTANCE
A copy of this Agreement, signed by Buyer, constitutes Buyer’s offer to purchase the Property on
the terms stated in this Agreement and shall be delivered to Seller, in care of the following
representative (“Seller’s Representative”):
TO SELLER: Executive Director
Department of Community Investment
City of South Bend
Suite 500
215 S. Dr. Martin Luther King Blvd 46601
South Bend, Indiana 46601
WITH COPY TO: South Bend Legal Department
Attn: Corporation Counsel
City of South Bend
Suite 600
215 S. Dr. Martin Luther King Blvd 46601
South Bend, Indiana 46601
This offer shall expire thirty (30) days after delivery unless accepted by Seller. To accept Buyer’s
offer, Seller shall return a copy of this Agreement, counter-signed by Seller in accordance with
applicable laws, to the following (“Buyer’s Representative”):
TO BUYER: ID2, LLC
Attn: Jordan Richardson
1251 N Eddy St
Suite 200
South Bend, IN 46617
WITH COPY TO: ______________
________________
________________
________________
3. PURCHASE PRICE AND EARNEST MONEY DEPOSIT
A. Purchase Price. The purchase price for the Property shall be One Thousand
Dollars ($1,000.00) (the “Purchase Price”), payable by Buyer to Seller in cash at the closing
described in Section 10 below (the “Closing,” the date of which is the “Closing Date”).
B. Earnest Money Deposit. Within ten (10) business days after the Contract
Date, Buyer will deliver to Seller the sum of One Hundred Dollars ($100.00), which Seller
will hold as an earnest money deposit (the “Earnest Money Deposit”). Seller will be
responsible for disposing of the Earnest Money Deposit in accordance with the terms of this
Agreement. The Earnest Money Deposit shall be credited against the Purchase Price at the
Closing or, if no Closing occurs, refunded or forfeited as provided below.
C. Termination During Due Diligence Period. If Buyer exercises its right to
terminate this Agreement by written notice to Seller in accordance with Section 4 below,
the Earnest Money Deposit shall be refunded to Buyer. If Buyer fails to exercise its right
to terminate this Agreement by written notice to Seller within the Due Diligence Period,
then the Earnest Money Deposit shall become non-refundable.
D. Liquidated Damages. If Seller complies with its obligations hereunder and
Buyer, not having terminated this Agreement during the Due Diligence Period in
accordance with Section 4 below, fails to purchase the Property on or before the Closing
Date, the Earnest Money Deposit shall be forfeited by Buyer and retained by Seller as
liquidated damages in lieu of any other damages.
4. BUYER’S DUE DILIGENCE
A. Investigation. Buyer and Seller have made and entered into this Agreement
based on their mutual understanding that Buyer intends to develop the Property into a mixed
income housing development (the “Buyer’s Use”). Seller acknowledges that Buyer’s
determination of whether Buyer’s Use is feasible requires investigation into various
matters (Buyer’s “Due Diligence”). Therefore, Buyer’s obligation to complete the
purchase of the Property is conditioned upon the satisfactory completion, in Buyer’s
discretion, of Buyer’s Due Diligence, including, without limitation, Buyer’s examination,
at Buyer’s sole expense, of zoning and land use matters, environmental matters, real
property title matters, and the like, as applicable.
B. Due Diligence Period. Buyer shall have a period of twelve (12) months
following the Contract Date to complete its examination of the Property in accordance with
this Section 4 (the “Due Diligence Period”). Notwithstanding the foregoing, the Parties may
shorten or waive the Due Diligence Period at any time by mutual written agreement,
whereupon the Due Diligence Period shall terminate on the date specified in such mutually
written agreement.
C. Authorizations During Due Diligence Period. During the Due Diligence
Period, Seller authorizes Buyer, upon Buyer providing Seller with evidence that Buyer has
general liability insurance reasonably acceptable to Seller, in the amount of at least One
Million Dollars ($1,000,000), naming Seller as an additional insured and covering the
activities, acts, and omissions of Buyer and its representatives at the Property, to
(i) enter upon the Property or to cause agents to enter upon the Property
for purposes of examination; provided, that Buyer may not take any action upon the
Property which reduces the value thereof and Buyer may not conduct any invasive
testing at the Property without Seller’s express prior written consent; further
provided, that if the transaction contemplated herein is not consummated, Buyer shall
promptly restore the Property to its condition prior to entry, and agrees to defend,
indemnify and hold Seller harmless, before and after the Closing Date whether or
not a closing occurs and regardless of any cancellations or termination of this
Agreement, from any liability to any third party, loss or expense incurred by Seller,
including without limitation, reasonable attorney fees and costs arising from acts or
omissions of Buyer or Buyer’s agents or representatives; and
(ii) file any application with any federal, state, county, municipal or
regional agency relating to the Property for the purpose of obtaining any approval
necessary for Buyer’s anticipated use of the Property. If Seller’s written consent to
or signature upon any such application is required by any such agency for
consideration or acceptance of any such application Buyer may request from Seller
such consent or signature, which Seller shall not unreasonably withhold.
Notwithstanding the foregoing, any zoning commitments or other commitments that
would further restrict the future use or development of the Property, beyond the
restrictions in place as a result of the current zoning of the Property, shall be subject
to Seller’s prior review and written approval.
D. Environmental Site Assessment. Buyer may, at Buyer’s sole expense, obtain
a Phase I environmental site assessment of the Property pursuant to and limited by the
authorizations stated in this Section 4.
E. Termination of Agreement. If at any time within the Due Diligence Period
Buyer determines, in its sole discretion, not to proceed with the purchase of the Property,
Buyer may terminate this Agreement by written notice to Seller’s Representative, and Buyer
shall be entitled to a full refund of the Earnest Money Deposit.
5. SELLER’S DOCUMENTS
Upon Buyer’s request, Seller will provide Buyer a copy of all known environmental inspection,
engineering, title, and survey reports and documents in Seller’s possession relating to the Property.
In the event the Closing does not occur, Buyer will immediately return all such reports and
documents to Seller’s Representative with or without a written request by Seller.
6. PRESERVATION OF TITLE
After the Contract Date, Seller shall not take any action or allow any action to be taken by others
to cause the Property to become subject to any interests, liens, restrictions, easements, covenants,
reservations, or other matters affecting Seller’s title (such matters are referred to as
“Encumbrances”). Seller acknowledges that Buyer intends to obtain, at Buyer’s sole expense, and
to rely upon a commitment for title insurance on the Property (the “Title Commitment”) and a
survey of the Property (the “Survey”) identifying all Encumbrances as of the Contract Date. The
Property shall be conveyed to Buyer free of any Encumbrances other than Permitted
Encumbrances (as defined in Section 8 below).
7. TITLE COMMITMENT AND POLICY REQUIREMENTS
Buyer shall obtain the Title Commitment for an owner’s policy of title insurance issued by a title
company selected by Buyer and reasonably acceptable to Seller (the “Title Company”) within
twenty (20) days after the Contract Date. The Title Commitment shall (i) agree to insure good,
marketable, and indefeasible fee simple title to the Property (including public road access) in the
name of the Buyer for the full amount of the Purchase Price upon delivery and recordation of a
special warranty deed (the “Deed”) from the Seller to the Buyer, and (ii) provide for issuance of a
final ALTA owner’s title insurance policy, with any endorsements requested by Buyer, subject to
the Permitted Encumbrances. Regardless of whether this transaction closes, Buyer shall be
responsible for all of the Title Company’s title search charges and all costs of the Title
Commitment and owner’s policy.
8. REVIEW OF TITLE COMMITMENT AND SURVEY
Within twenty (20) days after Buyer’s receipt of the Title Commitment, Buyer shall give Seller
written notice of any objections to the Title Commitment. Within twenty (20) days after Buyer’s
receipt of the Survey, Buyer shall give Seller written notice of any objections to the Survey. Any
exceptions identified in the Title Commitment or Survey to which written notice of objection is
not given within such period shall be a “Permitted Encumbrance.” If the Seller is unable or
unwilling to correct the Buyer’s title and survey objections within the Due Diligence Period, Buyer
may terminate this Agreement by written notice to Seller prior to expiration of the Due Diligence
Period, in which case the Earnest Money Deposit shall be refunded to Buyer. If Buyer fails to so
terminate this Agreement, then such objections shall constitute “Permitted Encumbrances” as of
the expiration of the Due Diligence Period, and Buyer shall acquire the Property without any effect
being given to such title and survey objections.
9. NOTICES
All notices required or allowed by this Agreement, before or after Closing, shall be delivered in
person or by certified mail, return receipt requested, postage prepaid, addressed to Seller in care
of Seller’s Representative (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), or to Buyer in care
of Buyer’s Representative at their respective addresses stated in Section 2 above. Either Party
may, by written notice, modify its address or representative for future notices.
10. CLOSING
A. Timing of Closing. Unless this Agreement is earlier terminated, the Closing shall
be held at the office of the Title Company, and the Closing Date shall be a mutually agreeable
date not later than ninety (90) days after the end of the Due Diligence Period.
B. Closing Procedure.
(i) At Closing, Buyer shall deliver the Purchase Price to Seller, conditioned on
Seller’s delivery of the Special Warranty Deed, in the form attached hereto as Exhibit B,
conveying the Property to Buyer, free and clear of all liens, encumbrances, title defects, and
exceptions other than Permitted Encumbrances, and the Title Company’s delivery of the
marked-up copy of the Title Commitment (or pro forma policy) to Buyer in accordance with
Section 8 above.
(ii) Possession of the Property shall be delivered to the Buyer at Closing, in the
same condition as it existed on the Contract Date, ordinary wear and tear and casualty
excepted.
C. Closing Costs. Buyer shall pay all of the Title Company’s closing and/or document
preparation fees and all recordation costs associated with the transaction contemplated in
this Agreement.
11. BUYER’S POST-CLOSING DEVELOPMENT OBLIGATIONS
A. Property Improvements; Proof of Investment. Within Twenty-Four (24) months after
the Closing Date (the “Mandatory Completion Date”), the Buyer will expend an amount not less
than Two Million One Hundred Thousand Dollars ($2,100,000.00) on improvements to the
Property needed to redevelop the Property for Buyer’s Use as set forth herein (the “Minimum
Investment”). Such improvements shall include redeveloping the Property into a mixed income
housing development containing a minimum of fourteen (14) housing units, of which at least
seven (7) housing units shall be offered for sale at prices affordable to households earning one
hundred percent (100%) of the Area Median Income (AMI) for the year in which such unit is
offered for sale, as determined annually by the United States Department of Housing and Urban
Development (HUD) and confirmed by the Redevelopment Commission Staff (the “Property
Improvements”). Promptly upon completing the Property Improvements and expending the
Minimum Investment, Buyer will submit to Seller records reasonably satisfactory to Seller, in
Seller’s sole discretion, proving the above-required expenditures have been made. Buyer shall
also permit Seller (or its designee) to inspect the Property to verify that the Property Improvements
have been completed in accordance with this Agreement. The Property Improvements shall be
deemed complete upon the issuance of a Certificate of Occupancy for each structure.
B. Post-Closing Buyer Property Improvement Commitments. The Buyer shall:
(i) Commence construction of the project within twelve (12) months of the
Closing Date;
(ii) Complete construction of the project and Property Improvements and fully
expend the Minimum Investment within twenty-four (24) months of the Closing Date;
(iii) In its development of the Property, Buyer shall comply with all applicable
federal, state, and local laws, including, but not limited to, the applicable requirements of
the City of South Bend Zoning Ordinance, including variances as necessary;
(iv) Provide the design, plans, and specifications for Property Improvements
consistent with City standards for the review and comment by the City's Planning Director
or their designee, who, in their sole discretion, may request revisions or amendments to be
made to the same (acceptance of the design and plans by the Planning Director or their
designee prior to construction shall be a prerequisite for the issuance of a Certificate of
Completion); and
(v) Submit to Seller reports on or before June 30 and December 31 of each year
until substantial completion of the Property Improvements, in the format set forth as
Exhibit C, demonstrating the Buyer’s good-faith compliance with the terms of this
Agreement. The reports shall include the following information and documents: (a) a status
report of the construction completed to date, (b) an update on the project schedule, and (c)
an itemized accounting generally identifying the proof of investment to date.
C. Certificate of Completion. Promptly after Buyer completes the Property
Improvements and satisfactorily proves the same in accordance with the terms of Section 11.A.
above, as well as compliance with Section 11.B. above, Seller will issue to Buyer a certificate
acknowledging such completion and releasing Seller’s reversionary interest in the Property (the
“Certificate of Completion”). The Parties agree to record the Certificate of Completion immediately
upon issuance, and Buyer will pay the costs of recordation.
D. Remedies Upon Failure to Complete Property Improvements. In the event Buyer
fails to complete the Property Improvements or expend the Minimum Investment, or to satisfactorily
prove such performance in accordance with Section 11.A, or in the event Buyer fails to comply with
any post-closing property improvement commitments in Section 11.B., then, in addition to pursuing
any other remedies available at law or in equity, Seller shall have the right to:
re-enter and take possession of the Property and to terminate and revest in Seller the estate
conveyed to Buyer at Closing and all of Buyer’s rights and interests in the Property without
offset or compensation for the value of any improvements made by Buyer.
The Parties agree that Seller’s conveyance of the Property to Buyer at Closing will be made on the
condition subsequent set forth in the foregoing sentence and the terms of this Section 11 will be
referenced in the deed.
12. SELLER'S POST-CLOSING OBLIGATIONS
On and after the Closing Date, the Seller commits to working with the Buyer to finalize plans,
designs, and specifications for Property Improvements to the satisfaction of the City departments,
consistent with City standards.
13. ACCEPTANCE OF PROPERTY AS-IS
Buyer agrees to purchase the Property “as-is, where-is” and without any representations or
warranties by Seller as to the condition of the Property or its fitness for any particular use or
purpose. Seller offers no such representation or warranty as to condition or fitness, and nothing in
this Agreement will be construed to constitute such a representation or warranty as to condition or
fitness.
14. TAXES
Prior to Closing, Seller will pay all real property taxes accrued on or before the Closing Date, if any.
Buyer will have no liability for any amount of real property taxes accrued before the Closing Date on
the Property.
15. REMEDIES
Upon any default in or breach of this Agreement by either Party, the defaulting Party will proceed
immediately to cure or remedy such default within thirty (30) days after receipt of written notice
of such default or breach from the non-defaulting Party, or, if the nature of the default or breach is
such that it cannot be cured within thirty (30) days, the defaulting Party will diligently pursue and
prosecute to completion an appropriate cure within a reasonable time. In the event of a default or
breach that remains uncured for longer than the period stated in the foregoing sentence, the non-
defaulting Party may terminate this Agreement, commence legal proceedings, including an action
for specific performance, or pursue any other remedy available at law or in equity. All the Parties’
respective rights and remedies concerning this Agreement and the Property are cumulative.
16. COMMISSIONS
The Parties mutually acknowledge and warrant to one another that neither Buyer nor Seller is
represented by any broker in connection with the transaction contemplated in this Agreement.
Buyer and Seller agree to indemnify and hold harmless one another from any claim for
commissions in connection with the transaction contemplated in this Agreement.
17. INDEMNITY
The Parties agree to indemnify, save harmless, and defend each other from and against any and all
liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including
costs of defense and settlement), which either party may subsequently incur, become responsible
for, or pay out as a result of a breach by the other party of this Agreement.
18. INTERPRETATION; APPLICABLE LAW
As both Parties have participated fully and equally in the negotiation and preparation of this
Agreement, this Agreement shall not be more strictly construed, nor shall any ambiguities in this
Agreement be presumptively resolved, against either Party. Each Party acknowledges that it has
had the opportunity to consult with independent legal counsel regarding this Agreement. This
Agreement shall be interpreted and enforced according to the laws of the State of Indiana.
19. DISPUTE RESOLUTION; WAIVER OF JURY TRIAL
Any action to enforce the terms or conditions of this Agreement or otherwise concerning a dispute
under this Agreement will be commenced in the courts of St. Joseph County, Indiana, unless the
Parties mutually agree to an alternative method of dispute resolution. The Parties acknowledge
that disputes arising under this Agreement are likely to be complex and they desire to streamline
and minimize the cost of resolving such disputes. In any legal proceeding, each Party irrevocably
waives the right to trial by jury in any action, counterclaim, dispute, or proceeding based upon, or
related to, the subject matter of this Agreement. This waiver applies to all claims against all parties
to such actions and proceedings. This waiver is knowingly, intentionally, and voluntarily made by
both Parties.
20. ATTORNEYS’ FEES
In the event either Party pursues any legal action (including arbitration) to enforce or interpret this
Agreement, the Buyer shall pay Seller’s reasonable attorneys’ fees and other costs and expenses
(including expert witness fees).
21. 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.
22. 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.
23. 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.
24. ENTIRE AGREEMENT
This Agreement embodies the entire agreement between Seller and Buyer and supersedes all prior
discussions, understandings, or agreements, whether written or oral, between Seller and Buyer
concerning the transaction contemplated in this Agreement.
25. ASSIGNMENT
Buyer and Seller agree that this Agreement or any of Buyer’s rights hereunder may not be assigned
by Buyer, in whole or in part, without the prior written consent of Seller. In the event Buyer wishes
to obtain Seller’s consent regarding a proposed assignment of this Agreement, Buyer shall provide
any and all information reasonably demanded by Seller in connection with the proposed assignment
and/or the proposed assignee. The restrictions on assignment set forth in this Section shall survive
Closing and shall continue in full force and effect until Buyer has fully satisfied all post‑closing
obligations and commitments under this Agreement and Seller has issued a Certificate of
Completion.
26. BINDING EFFECT; COUNTERPARTS; SIGNATURES
All the terms and conditions of this Agreement will be effective and binding upon the Parties and
their successors and assigns at the time the Agreement is fully signed and delivered by Buyer and
Seller. This Agreement may be separately executed in counterparts by Buyer and Seller, and the
same, when taken together, will be regarded as one original Agreement. Electronically transmitted
signatures will be regarded as original signatures.
27. AUTHORITY TO EXECUTE; EXISTENCE
The undersigned persons executing and delivering this Agreement on behalf of the respective
Parties represent and certify that they are the duly authorized representatives of each and have been
fully empowered to execute and deliver this Agreement and that all necessary corporate action has
been taken and done. Further, the undersigned representative of Buyer represents and warrants that
Buyer is duly organized, validly existing, and in good standing under the laws of the State of
Indiana.
28. TIME
Time is of the essence of this Agreement.
[Signature page follows.]
IN WITNESS WHEREOF, the Parties hereby execute this Real Estate Purchase
Agreement to be effective as of the Contract Date stated above.
BUYER:
ID2, LLC
By:
Printed: Jordan Richardson
Its: Member
Dated:
SELLER:
South Bend Redevelopment Commission
David Relos, Vice President
ATTEST:
Gillian Shaw, Commissioner
EXHIBIT A
Description of Property
Parcel No. 71-08-02-262-005.000-026
Tax ID: 018-1060-2553
Legal Description: Ex 88 Ft Ely Side Lot 59 Shetterly Place 2nd
Commonly Known As: 710 Rex St
Parcel No. 71-08-02-262-001.000-026
Tax ID:018-1059-2488
Legal Description: 78 Ft On Portage Nw Pt Lot 34 Shetterly Pl 2nd
Commonly Known As: 838 Portage Ave
Parcel No. 71-08-02-262-002.000-026
Tax ID: 018-1059-2489
Legal Description: Lot 34 Ex Pts Sold Shetterly Pl 2nd
Commonly Known As: 836 Portage Ave
Parcel No. 71-08-02-262-003.000-026
Tax ID:018-1059-2490
Legal Description: Lot 35 Shetterly Place 2nd
Commonly Known As: 828 Portage Ave
Parcel No. 71-08-02-262-004.000-026
Tax ID:018-1059-2491
Legal Description: Lot 36 Shetterly Pl 2nd
Commonly Known As: 824 Portage Ave
Parcel No. 71-08-02-405-001.000-026
Tax ID:018-1059-2492
Legal Description: Lot 37 Shetterly Pl 2nd
Commonly Known As: 812 Portage Ave
Parcel No. 71-08-02-405-002.000-026
Tax ID: 018-1059-2505
Legal Description: Lot 7 C E Smiths Sub Of Lots 38-41 Of Shetterly Place 2nd Plat
Commonly Known As: 808 Portage Ave
EXHIBIT B
Form of Special Warranty Deed
AUDITOR’S RECORD
TRANSFER NO.
TAXING UNIT
DATE
KEY NO. See Attached Exhibit 1
SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that the City of South Bend, Department of Redevelopment, by and
through its governing body, the South Bend Redevelopment Commission, 215 S. Martin Luther King Jr.,
Blvd., Suite 500, South Bend, Indiana (the “Grantor”)
CONVEYS AND SPECIALLY WARRANTS to ID2, LLC, an Indiana Limited Liability Company, with a
mailing address of 1251 N Eddy St, Suite 200, South Bend, IN 46617 (the “Grantee”), for and in
consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the following real estate located in St. Joseph County, Indiana (the
“Property”):
See Attached Exhibit 1
The Grantor warrants title to the Property only insofar as it might be affected by any act of the
Grantor during its ownership thereof and not otherwise.
The Grantor hereby conveys the Property to the Grantee free and clear of all leases or licenses;
subject to real property taxes and assessments; subject to all easements, covenants, conditions, restrictions,
and other matters of record; subject to rights of way for roads and such matters as would be disclosed by an
accurate survey and inspection of the Property; subject to all applicable building codes and zoning
ordinances; and subject to all provisions and objectives contained in the Commission’s 2025 River West
Development Area Plan, as thereafter amended from time to time, and any design review guidelines
associated therewith.
Pursuant to Section 11 of the Purchase Agreement, the Grantor conveys the Property to the Grantee
by this deed subject to certain conditions subsequent. In the event the Grantee fails to perform the Property
Improvements, or satisfactorily to prove such performance, in accordance with Section 11 of the Purchase
Agreement, then the Grantor shall have the right to re-enter and take possession of the Property and to
terminate and revest in the Grantor the estate conveyed to the Grantee by this deed and all of the Grantee’s
rights and interests in the Property without offset or compensation for the value of any improvements to the
Property made by the Grantee. The recordation of a Certificate of Completion in accordance with Section
11 of the Purchase Agreement will forever release and discharge the Grantor’s reversionary interest stated
in this paragraph.
Page 1 of 3
The Grantor conveys the Property to the Grantee subject to the limitation that the Grantee, and its
successors and assigns, shall not discriminate against any person on the basis of race, creed, color, sex, age,
or national origin in the sale, lease, rental, use, occupancy, or enjoyment of the Property or any
improvements constructed on the Property.
Each of the undersigned persons executing this deed on behalf of the Grantor represents and
certifies that they are a duly authorized representative of the Grantor and has been fully empowered, by
proper action of the governing body of the Grantor, to execute and deliver this deed, that the Grantor has
full corporate capacity to convey the real estate described herein, and that all necessary action for the
making of such conveyance has been taken and done.
GRANTOR:
SOUTH BEND
REDEVELOPMENT COMMISSION
David Relos, Vice President
ATTEST:
)
) SS:
Gillian Shaw, Commissioner
STATE OF INDIANA ST.
JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared David Relos and Gillian Shaw, known to me to be the Vice President and Commissioner,
respectively, of the South Bend Redevelopment Commission and acknowledged the execution of the
foregoing Special Warranty Deed being authorized so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on
the day of , 2026.
My Commission Expires:
Notary Public
Residing in St. Joseph County, Indiana
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. /s/ Danielle Campbell Weiss
This instrument was prepared by Danielle Campbell Weiss, Senior Assistant City Attorney, City of South Bend, Indiana, Department of Law, 215 S.
Dr. Martin Luther King Jr. Blvd., Suite 600, South Bend, IN 46601.
Page 2 of 3
Exhibit 1
Parcel No. 71-08-02-262-005.000-026
Tax ID: 018-1060-2553
Legal Description: Ex 88 Ft Ely Side Lot 59 Shetterly Place 2nd
Commonly Known As: 710 Rex St
Parcel No. 71-08-02-262-001.000-026
Tax ID:018-1059-2488
Legal Description: 78 Ft On Portage Nw Pt Lot 34 Shetterly Pl 2nd
Commonly Known As: 838 Portage Ave
Parcel No. 71-08-02-262-002.000-026
Tax ID: 018-1059-2489
Legal Description: Lot 34 Ex Pts Sold Shetterly Pl 2nd
Commonly Known As: 836 Portage Ave
Parcel No. 71-08-02-262-003.000-026
Tax ID:018-1059-2490
Legal Description: Lot 35 Shetterly Place 2nd
Commonly Known As: 828 Portage Ave
Parcel No. 71-08-02-262-004.000-026
Tax ID:018-1059-2491
Legal Description: Lot 36 Shetterly Pl 2nd
Commonly Known As: 824 Portage Ave
Parcel No. 71-08-02-405-001.000-026
Tax ID:018-1059-2492
Legal Description: Lot 37 Shetterly Pl 2nd
Commonly Known As: 812 Portage Ave
Parcel No. 71-08-02-405-002.000-026
Tax ID: 018-1059-2505
Legal Description: Lot 7 C E Smiths Sub Of Lots 38-41 Of Shetterly Place 2nd Plat
Commonly Known As: 808 Portage Ave
Page 3 of 3
EXHIBIT C
Form of Report to Commission
City of South Bend
Department of Community Investment
Development Agreement Review
Answer the questions below 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:
Name: _______________________________________
Address: _______________________________________
_______________________________________
Position: _______________________________________
Email: _______________________________________
Signature: ___________________________________ Date: ___________________
South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : April 3, 2026
FROM: Erin Michaels – Property Development
Manager
SUBJECT: Real Estate Purchase Agreement for Sale of
1522-1526 Prairie Ave
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Approval of proposed Purchase Agreement for Sale of 1522-1526 Prairie Ave
SPECIFICS: The City acquired a vacant industrial building and excess vacant lots located at 1522-1526
Prairie Ave between 2011-2014 through the Board of Public Works. These parcels were then transferred
to the Redevelopment Commission (“RDC”) in 2015 and put through disposition in 2018 with no bids
received.
Since that time the building has been used as temporary storage for various City uses.
GTO Masonry is a masonry restoration contractor who is looking to relocate their business from Goshen
to South Bend. The owner, Eusebio Cervantes, would like to redevelop this building and adjacent vacant
parcels to relocate their shop and storage facility for their masonry business.
The proposed Purchase Agreement commits GTO Masonry to the following terms:
- Purchase Price: $15,000
- Minimum Investment: $120,000
- Construction Start Deadline: 12 months after Closing
- Construction Completion Deadline: 24 months after Closing
- Certificate of Completion issued by the RDC once construction is complete
The sale of this property will bring a currently underused building in need of repair to productive use,
while supporting a successful business in relocating to the City of South Bend.
Staff recommends approval.
______________ ___________Pres/V-Pres
ATTEST: __________ ________Secretary
Date: _____________ _______
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
REAL ESTATE PURCHASE AGREEMENT
This Real Estate Purchase Agreement (this “Agreement”) is made on April 9, 2026 (the
“Contract Date”), by and between the City of South Bend, Indiana, Department of Redevelopment,
acting by and through its governing body, the South Bend Redevelopment Commission (“Seller”)
and GTO Masonry LLC, an Indiana Limited Liability Company with registered offices at 62420
Old County Road 17, Goshen, IN 46526 (“Buyer”) (each a “Party” and together the “Parties”).
RECITALS
A. Seller exists and operates pursuant to the Redevelopment of Cities and Towns Act
of 1953, as amended, being Ind. Code 36-7-14 (the “Act”).
B. In furtherance of its purposes under the Act, Seller owns three (3) parcels of real
property located in South Bend, Indiana (the “City”) commonly known as 1522, 1524, and 1526
Prairie Ave, and more particularly described in attached Exhibit A (the “Property”).
C. Pursuant to the Act, Seller adopted its Resolution No. 3432 on April 26, 2018,
whereby Seller established offering prices for the Property and other nearby parcels, of which the
offering price of Thirty-Three Thousand Five Hundred Dollars ($33,500) was established for 1522 and
1524 Prairie Ave, and the offering price of Ten Thousand Six Hundred Fifty Dollars ($10,650)
was established for 1526 Prairie Ave and one other adjacent parcel.
D. Pursuant to the Act, on April 26, 2018, Seller authorized the publication, on May 4,
2018 and May 11, 2018, respectively, of a notice of its intent to sell the Property and other nearby
parcels and its desire to receive bids for said Property and other parcels on or before May 24, 2018,
at 9:30A.M.
E. On May 24, 2018, at 9:30A.M., Seller received no bids for the Property or other
parcels offered.
F. Buyer subsequently expressed interest in purchasing the Property for purposes of
constructing an office and distribution center.
G. Having satisfied the conditions stated in Section 22 of the Act, Seller now desires to
sell the Property to Buyer on the terms stated in this Agreement.
THEREFORE, in consideration of the mutual covenants and promises in this Agreement
and other good and valuable consideration, the receipt of which is hereby acknowledged, Buyer
and Seller agree as follows:
1. RECITALS
The recitals above are hereby incorporated into this Agreement by reference.
2. OFFER AND ACCEPTANCE
A copy of this Agreement, signed by Buyer, constitutes Buyer’s offer to purchase the Property on
the terms stated in this Agreement and shall be delivered to Seller, in care of the following
representative (“Seller’s Representative”):
TO SELLER: Executive Director
Department of Community Investment
City of South Bend
Suite 500
215 S. Dr. Martin Luther King Blvd 46601
South Bend, Indiana 46601
WITH COPY TO: South Bend Legal Department
Attn: Corporation Counsel
City of South Bend
Suite 600
215 S. Dr. Martin Luther King Blvd 46601
South Bend, Indiana 46601
This offer shall expire thirty (30) days after delivery unless accepted by Seller. To accept Buyer’s
offer, Seller shall return a copy of this Agreement, counter-signed by Seller in accordance with
applicable laws, to the following (“Buyer’s Representative”):
TO BUYER: GTO Masonry LLC
Attn: Eusebio Pantoja Cervantes
62420 Old County Road 17
Goshen, IN 46526
Email: gtomasonry17@gmail.com
WITH COPY TO: ______________
________________
________________
________________
3. PURCHASE PRICE AND EARNEST MONEY DEPOSIT
A. Purchase Price. The purchase price for the Property shall be Fifteen Thousand
Dollars ($15,000.00) (the “Purchase Price”), payable by Buyer to Seller in cash at the
closing described in Section 10 below (the “Closing,” the date of which is the “Closing
Date”).
B. Earnest Money Deposit. Within ten (10) business days after the Contract
Date, Buyer will deliver to Seller the sum of Seven Hundred Fifty Dollars ($750.00), which
Seller will hold as an earnest money deposit (the “Earnest Money Deposit”). Seller will be
responsible for disposing of the Earnest Money Deposit in accordance with the terms of this
Agreement. The Earnest Money Deposit shall be credited against the Purchase Price at the
Closing or, if no Closing occurs, refunded or forfeited as provided below.
C. Termination During Due Diligence Period. If Buyer exercises its right to
terminate this Agreement by written notice to Seller in accordance with Section 4 below,
the Earnest Money Deposit shall be refunded to Buyer. If Buyer fails to exercise its right
to terminate this Agreement by written notice to Seller within the Due Diligence Period,
then the Earnest Money Deposit shall become non-refundable.
D. Liquidated Damages. If Seller complies with its obligations hereunder and
Buyer, not having terminated this Agreement during the Due Diligence Period in
accordance with Section 4 below, fails to purchase the Property on or before the Closing
Date, the Earnest Money Deposit shall be forfeited by Buyer and retained by Seller as
liquidated damages in lieu of any other damages.
4. BUYER’S DUE DILIGENCE
A. Investigation. Buyer and Seller have made and entered into this Agreement
based on their mutual understanding that Buyer intends to develop the Property into an office
and distribution center (the “Buyer’s Use”). Seller acknowledges that Buyer’s
determination of whether Buyer’s Use is feasible requires investigation into various
matters (Buyer’s “Due Diligence”). Therefore, Buyer’s obligation to complete the
purchase of the Property is conditioned upon the satisfactory completion, in Buyer’s
discretion, of Buyer’s Due Diligence, including, without limitation, Buyer’s examination,
at Buyer’s sole expense, of zoning and land use matters, environmental matters, real
property title matters, and the like, as applicable.
B. Due Diligence Period. Buyer shall have a period of one hundred twenty (120)
days following the Contract Date to complete its examination of the Property in accordance
with this Section 4 (the “Due Diligence Period”). Notwithstanding the foregoing, the Parties
may shorten or waive the Due Diligence Period at any time by mutual written agreement,
whereupon the Due Diligence Period shall terminate on the date specified in such mutually
written agreement.
C. Authorizations During Due Diligence Period. During the Due Diligence
Period, Seller authorizes Buyer, upon Buyer providing Seller with evidence that Buyer has
general liability insurance reasonably acceptable to Seller, in the amount of at least One
Million Dollars ($1,000,000), naming Seller as an additional insured and covering the
activities, acts, and omissions of Buyer and its representatives at the Property, to
(i) enter upon the Property or to cause agents to enter upon the Property
for purposes of examination; provided, that Buyer may not take any action upon the
Property which reduces the value thereof and Buyer may not conduct any invasive
testing at the Property without Seller’s express prior written consent; further
provided, that if the transaction contemplated herein is not consummated, Buyer shall
promptly restore the Property to its condition prior to entry, and agrees to defend,
indemnify and hold Seller harmless, before and after the Closing Date whether or
not a closing occurs and regardless of any cancellations or termination of this
Agreement, from any liability to any third party, loss or expense incurred by Seller,
including without limitation, reasonable attorney fees and costs arising from acts or
omissions of Buyer or Buyer’s agents or representatives; and
(ii) file any application with any federal, state, county, municipal or
regional agency relating to the Property for the purpose of obtaining any approval
necessary for Buyer’s anticipated use of the Property. If Seller’s written consent to
or signature upon any such application is required by any such agency for
consideration or acceptance of any such application Buyer may request from Seller
such consent or signature, which Seller shall not unreasonably withhold.
Notwithstanding the foregoing, any zoning commitments or other commitments that
would further restrict the future use or development of the Property, beyond the
restrictions in place as a result of the current zoning of the Property, shall be subject
to Seller’s prior review and written approval.
D. Environmental Site Assessment. Buyer may, at Buyer’s sole expense, obtain
a Phase I environmental site assessment of the Property pursuant to and limited by the
authorizations stated in this Section 4.
E. Termination of Agreement. If at any time within the Due Diligence Period
Buyer determines, in its sole discretion, not to proceed with the purchase of the Property,
Buyer may terminate this Agreement by written notice to Seller’s Representative, and Buyer
shall be entitled to a full refund of the Earnest Money Deposit.
5. SELLER’S DOCUMENTS
Upon Buyer’s request, Seller will provide Buyer a copy of all known environmental inspection,
engineering, title, and survey reports and documents in Seller’s possession relating to the Property.
In the event the Closing does not occur, Buyer will immediately return all such reports and
documents to Seller’s Representative with or without a written request by Seller.
6. PRESERVATION OF TITLE
After the Contract Date, Seller shall not take any action or allow any action to be taken by others
to cause the Property to become subject to any interests, liens, restrictions, easements, covenants,
reservations, or other matters affecting Seller’s title (such matters are referred to as
“Encumbrances”). Seller acknowledges that Buyer intends to obtain, at Buyer’s sole expense, and
to rely upon a commitment for title insurance on the Property (the “Title Commitment”) and a
survey of the Property (the “Survey”) identifying all Encumbrances as of the Contract Date. The
Property shall be conveyed to Buyer free of any Encumbrances other than Permitted
Encumbrances (as defined in Section 8 below).
7. TITLE COMMITMENT AND POLICY REQUIREMENTS
Buyer shall obtain the Title Commitment for an owner’s policy of title insurance issued by a title
company selected by Buyer and reasonably acceptable to Seller (the “Title Company”) within
twenty (20) days after the Contract Date. The Title Commitment shall (i) agree to insure good,
marketable, and indefeasible fee simple title to the Property (including public road access) in the
name of the Buyer for the full amount of the Purchase Price upon delivery and recordation of a
special warranty deed (the “Deed”) from the Seller to the Buyer, and (ii) provide for issuance of a
final ALTA owner’s title insurance policy, with any endorsements requested by Buyer, subject to
the Permitted Encumbrances. Regardless of whether this transaction closes, Buyer shall be
responsible for all of the Title Company’s title search charges and all costs of the Title
Commitment and owner’s policy.
8. REVIEW OF TITLE COMMITMENT AND SURVEY
Within twenty (20) days after Buyer’s receipt of the Title Commitment, Buyer shall give Seller
written notice of any objections to the Title Commitment. Within twenty (20) days after Buyer’s
receipt of the Survey, Buyer shall give Seller written notice of any objections to the Survey. Any
exceptions identified in the Title Commitment or Survey to which written notice of objection is
not given within such period shall be a “Permitted Encumbrance.” If the Seller is unable or
unwilling to correct the Buyer’s title and survey objections within the Due Diligence Period, Buyer
may terminate this Agreement by written notice to Seller prior to expiration of the Due Diligence
Period, in which case the Earnest Money Deposit shall be refunded to Buyer. If Buyer fails to so
terminate this Agreement, then such objections shall constitute “Permitted Encumbrances” as of
the expiration of the Due Diligence Period, and Buyer shall acquire the Property without any effect
being given to such title and survey objections.
9. NOTICES
All notices required or allowed by this Agreement, before or after Closing, shall be delivered in
person or by certified mail, return receipt requested, postage prepaid, addressed to Seller in care
of Seller’s Representative (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), or to Buyer in care
of Buyer’s Representative at their respective addresses stated in Section 2 above. Either Party
may, by written notice, modify its address or representative for future notices.
10. CLOSING
A. Timing of Closing. Unless this Agreement is earlier terminated, the Closing shall
be held at the office of the Title Company, and the Closing Date shall be a mutually agreeable date
not later than ninety (90) days after the end of the Due Diligence Period.
B. Closing Procedure.
(i) At Closing, Buyer shall deliver the Purchase Price to Seller, conditioned on
Seller’s delivery of the Special Warranty Deed, in the form attached hereto as Exhibit B,
conveying the Property to Buyer, free and clear of all liens, encumbrances, title defects, and
exceptions other than Permitted Encumbrances, and the Title Company’s delivery of the
marked-up copy of the Title Commitment (or pro forma policy) to Buyer in accordance with
Section 8 above.
(ii) Possession of the Property shall be delivered to the Buyer at Closing, in the
same condition as it existed on the Contract Date, ordinary wear and tear and casualty
excepted.
(iii) Before the Possession Date, Seller will remove from the Property all
personal property, including refuse and trash of any kind. All personal property and fixtures
remaining at the Property after the Possession Date will be deemed abandoned by the Seller,
and Buyer, in its sole discretion, may choose to exercise possession of and control over any
such property.
C. Closing Costs. Buyer shall pay all of the Title Company’s closing and/or document
preparation fees and all recordation costs associated with the transaction contemplated in this
Agreement.
11. BUYER’S POST-CLOSING DEVELOPMENT OBLIGATIONS
A. Property Improvements; Proof of Investment. Within Twenty-Four (24) months after
the Closing Date (the “Mandatory Completion Date”), the Buyer will expend an amount not less
than One Hundred Twenty Thousand Dollars ($120,000.00) on improvements to the Property
needed to redevelop the Property for the Buyer’s Use, as set forth herein (the “Minimum
Investment”). Such improvements shall include redeveloping the Property into a shop and storage
facility for Buyer’s masonry business (the “Property Improvements”). Promptly upon completing
the Property Improvements and expending the Minimum Investment, Buyer will submit to Seller
records reasonably satisfactory to Seller, in Seller’s sole discretion, proving the above-required
expenditures have been made. Buyer shall also permit Seller (or its designee) to inspect the
Property to verify the Property Improvements have been completed in accordance with this
Agreement. The Property Improvements shall be deemed complete upon the issuance of a
Certificate of Occupancy for each structure.
B. Post-Closing Buyer Property Improvement Commitments. The Buyer shall:
(i) Commence construction of the project within twelve (12) months of the
Closing Date;
(ii) Complete construction of the project and Property Improvements and
fully expend the Minimum Investment within twenty-four (24) months of the Closing
Date;
(iii) In its development of the Property, Buyer shall comply with all
applicable federal, state, and local laws, including, but not limited to, the applicable
requirements of the City of South Bend Zoning Ordinance, including variances as
necessary;
(iv) Provide the design, plans, and specifications for Property Improvements
consistent with City standards for the review and comment by the City's Planning
Director or their designee, who, in their sole discretion, may request revisions or
amendments to be made to the same (acceptance of the design and plans by the
Planning Director or their designee prior to construction shall be a prerequisite for the
issuance of a Certificate of Completion); and
(v) Submit to Seller reports on or before June 30 and December 31 of each year
until substantial completion of the Property Improvements, the Buyer shall submit to the
Seller a report, in the format set forth as Exhibit C, demonstrating the Buyer’s good-faith
compliance with the terms of this Agreement. The report shall include the following
information and documents: (a) a status report of the construction completed to date, (b) an
update on the project schedule, and (c) an itemized accounting generally identifying the
proof of investment to date.
C. Certificate of Completion. Promptly after Buyer completes the Property
Improvements and satisfactorily proves the same in accordance with the terms of Section 11.A.
above, as well as compliance with Section 11.B. above, Seller will issue to Buyer a certificate
acknowledging such completion and releasing Seller’s reversionary interest in the Property (the
“Certificate of Completion”). The Parties agree to record the Certificate of Completion immediately
upon issuance, and Buyer will pay the costs of recordation.
D. Remedies Upon Failure to Complete Property Improvements. In the event Buyer
fails to complete the Property Improvements or expend the Minimum Investment, or to satisfactorily
prove such performance in accordance with Section 11.A, or in the event Buyer fails to comply with
any post-closing property improvement commitments in Section 11.B., then, in addition to pursuing
any other remedies available at law or in equity, Seller shall have the right to:
re-enter and take possession of the Property and to terminate and revest in Seller the estate
conveyed to Buyer at Closing and all of Buyer’s rights and interests in the Property without
offset or compensation for the value of any improvements made by Buyer.
The Parties agree that Seller’s conveyance of the Property to Buyer at Closing will be made on the
condition subsequent set forth in the foregoing sentence and the terms of this Section 11 will be
referenced in the deed.
12. SELLER'S POST-CLOSING OBLIGATIONS
On and after the Closing Date, the Seller commits to working with the Buyer to finalize plans,
designs, and specifications for Property Improvements to the satisfaction of the City departments,
consistent with City standards.
13. ACCEPTANCE OF PROPERTY AS-IS
Buyer agrees to purchase the Property “as-is, where-is” and without any representations or
warranties by Seller as to the condition of the Property or its fitness for any particular use or
purpose. Seller offers no such representation or warranty as to condition or fitness, and nothing in
this Agreement will be construed to constitute such a representation or warranty as to condition or
fitness.
14. TAXES
Prior to Closing, Seller will pay all real property taxes accrued on or before the Closing Date, if any.
Buyer will have no liability for any amount of real property taxes accrued before the Closing Date on
the Property.
15. REMEDIES
Upon any default in or breach of this Agreement by either Party, the defaulting Party will proceed
immediately to cure or remedy such default within thirty (30) days after receipt of written notice
of such default or breach from the non-defaulting Party, or, if the nature of the default or breach is
such that it cannot be cured within thirty (30) days, the defaulting Party will diligently pursue and
prosecute to completion an appropriate cure within a reasonable time. In the event of a default or
breach that remains uncured for longer than the period stated in the foregoing sentence, the non-
defaulting Party may terminate this Agreement, commence legal proceedings, including an action
for specific performance, or pursue any other remedy available at law or in equity. All the Parties’
respective rights and remedies concerning this Agreement and the Property are cumulative.
16. COMMISSIONS
The Parties mutually acknowledge and warrant to one another that neither Buyer nor Seller is
represented by any broker in connection with the transaction contemplated in this Agreement.
Buyer and Seller agree to indemnify and hold harmless one another from any claim for
commissions in connection with the transaction contemplated in this Agreement.
17. INDEMNITY
The Parties agree to indemnify, save harmless, and defend each other from and against any and all
liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including
costs of defense and settlement), which either party may subsequently incur, become responsible
for, or pay out as a result of a breach by the other party of this Agreement.
18. INTERPRETATION; APPLICABLE LAW
As both Parties have participated fully and equally in the negotiation and preparation of this
Agreement, this Agreement shall not be more strictly construed, nor shall any ambiguities in this
Agreement be presumptively resolved, against either Party. Each Party acknowledges that it has
had the opportunity to consult with independent legal counsel regarding this Agreement. This
Agreement shall be interpreted and enforced according to the laws of the State of Indiana.
19. DISPUTE RESOLUTION; WAIVER OF JURY TRIAL
Any action to enforce the terms or conditions of this Agreement or otherwise concerning a dispute
under this Agreement will be commenced in the courts of St. Joseph County, Indiana, unless the
Parties mutually agree to an alternative method of dispute resolution. The Parties acknowledge
that disputes arising under this Agreement are likely to be complex and they desire to streamline
and minimize the cost of resolving such disputes. In any legal proceeding, each Party irrevocably
waives the right to trial by jury in any action, counterclaim, dispute, or proceeding based upon, or
related to, the subject matter of this Agreement. This waiver applies to all claims against all parties
to such actions and proceedings. This waiver is knowingly, intentionally, and voluntarily made by
both Parties.
20. ATTORNEYS’ FEES
In the event either Party pursues any legal action (including arbitration) to enforce or interpret this
Agreement, the Buyer shall pay Seller’s reasonable attorneys’ fees and other costs and expenses
(including expert witness fees).
21. 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.
22. 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.
23. 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.
24. ENTIRE AGREEMENT
This Agreement embodies the entire agreement between Seller and Buyer and supersedes all prior
discussions, understandings, or agreements, whether written or oral, between Seller and Buyer
concerning the transaction contemplated in this Agreement.
25. ASSIGNMENT
Buyer and Seller agree that this Agreement or any of Buyer’s rights hereunder may not be assigned
by Buyer, in whole or in part, without the prior written consent of Seller. In the event Buyer wishes
to obtain Seller’s consent regarding a proposed assignment of this Agreement, Buyer shall provide
any and all information reasonably demanded by Seller in connection with the proposed assignment
and/or the proposed assignee. The restrictions on assignment set forth in this Section shall survive
Closing and shall continue in full force and effect until Buyer has fully satisfied all post-closing
obligations and commitments under this Agreement and Seller has issued a Certificate of
Completion.
26. BINDING EFFECT; COUNTERPARTS; SIGNATURES
All the terms and conditions of this Agreement will be effective and binding upon the Parties and
their successors and assigns at the time the Agreement is fully signed and delivered by Buyer and
Seller. This Agreement may be separately executed in counterparts by Buyer and Seller, and the
same, when taken together, will be regarded as one original Agreement. Electronically transmitted
signatures will be regarded as original signatures.
27. AUTHORITY TO EXECUTE; EXISTENCE
The undersigned persons executing and delivering this Agreement on behalf of the respective
Parties represent and certify that they are the duly authorized representatives of each and have been
fully empowered to execute and deliver this Agreement and that all necessary corporate action has
been taken and done. Further, the undersigned representative of Buyer represents and warrants that
Buyer is duly organized, validly existing, and in good standing under the laws of the State of
Indiana.
28. TIME
Time is of the essence of this Agreement.
[Signature page follows.]
IN WITNESS WHEREOF, the Parties hereby execute this Real Estate Purchase
Agreement to be effective as of the Contract Date stated above.
BUYER:
GTO Masonry LLC
B y: t �· ��
Printed: Eusebio Pantoja Cervantes
Its: Member ===-=-=-------
Date: {)f,(:. 3, )£
SELLER:
South Bend Redevelopment Commission
David Relos, Vice President
Date:
ATTEST:
Gillian Shaw, Commissioner
Date:
EXHIBIT A
Description of Property
Parcel No. 71-08-14-180-004.000-026
Tax ID: 018-8053-2127
Legal Description: Lots 7 & 8 Byerleys Add
Commonly Known As: 1522 Prairie Ave
Parcel No. 71-08-14-180-005.000-026
Tax ID: 018-8053-2129
Legal Description: Lot 9 Byerleys Add
Commonly Known As: 1524 Prairie Ave
Parcel No. 71-08-14-180-006.000-026
Tax ID: 018-8053-2130
Legal Description: Lot 10 Byerleys Add
Commonly Known As: 1526 Prairie Ave
EXHIBIT B
Form of Special Warranty Deed
AUDITOR’S RECORD
TRANSFER NO.
TAXING UNIT
DATE
KEY NOS. 018-8053-2127
018-8053-2129
018-8053-2130
SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that the City of South Bend, Department of Redevelopment, by and
through its governing body, the South Bend Redevelopment Commission, 215 S. Martin Luther King Jr.,
Blvd., Suite 500, South Bend, Indiana (the “Grantor”)
CONVEYS AND SPECIALLY WARRANTS to GTO Masonry LLC, an Indiana Limited Liability
Company, with a mailing address of 62420 Old County Road 17, Goshen, IN 46526 (the “Grantee”), for and
in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following real estate located in St. Joseph County,
Indiana (the “Property”):
Parcel No. 71-08-14-180-004.000-026
Tax ID: 018-8053-2127
Legal Description: Lots 7 & 8 Byerleys Add
Commonly Known As: 1522 Prairie Ave
Parcel No. 71-08-14-180-005.000-026
Tax ID: 018-8053-2129
Legal Description: Lot 9 Byerleys Add
Commonly Known As: 1524 Prairie Ave
Parcel No. 71-08-14-180-006.000-026
Tax ID: 018-8053-2130
Legal Description: Lot 10 Byerleys Add
Commonly Known As: 1526 Prairie Ave
The Grantor warrants title to the Property only insofar as it might be affected by any act of the
Grantor during its ownership thereof and not otherwise.
The Grantor hereby conveys the Property to the Grantee free and clear of all leases or licenses;
subject to real property taxes and assessments; subject to all easements, covenants, conditions, restrictions,
and other matters of record; subject to rights of way for roads and such matters as would be disclosed by an
accurate survey and inspection of the Property; subject to all applicable building codes and zoning
ordinances; and subject to all provisions and objectives contained in the Commission’s 2025 River West
Development Area Plan, as thereafter amended from time to time, and any design review guidelines
associated therewith.
Pursuant to Section 11 of the Purchase Agreement, the Grantor conveys the Property to the Grantee
by this deed subject to certain conditions subsequent. In the event the Grantee fails to perform the Property
Improvements, or satisfactorily to prove such performance, in accordance with Section 11 of the Purchase
Agreement, then the Grantor shall have the right to re-enter and take possession of the Property and to
Page 1 of 2
terminate and revest in the Grantor the estate conveyed to the Grantee by this deed and all of the Grantee’s
rights and interests in the Property without offset or compensation for the value of any improvements to the
Property made by the Grantee. The recordation of a Certificate of Completion in accordance with Section
11 of the Purchase Agreement will forever release and discharge the Grantor’s reversionary interest stated
in this paragraph.
The Grantor conveys the Property to the Grantee subject to the limitation that the Grantee, and its
successors and assigns, shall not discriminate against any person on the basis of race, creed, color, sex, age,
or national origin in the sale, lease, rental, use, occupancy, or enjoyment of the Property or any
improvements constructed on the Property.
Each of the undersigned persons executing this deed on behalf of the Grantor represents and
certifies that they are a duly authorized representative of the Grantor and has been fully empowered, by
proper action of the governing body of the Grantor, to execute and deliver this deed, that the Grantor has
full corporate capacity to convey the real estate described herein, and that all necessary action for the
making of such conveyance has been taken and done.
GRANTOR:
SOUTH BEND
REDEVELOPMENT COMMISSION
David Relos, Vice President
ATTEST:
)
) SS:
Gillian Shaw, Commissioner
STATE OF INDIANA ST.
JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared David Relos and Gillian Shaw, known to me to be the Vice President and Commissioner,
respectively, of the South Bend Redevelopment Commission and acknowledged the execution of the
foregoing Special Warranty Deed being authorized so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on
the day of , 2026.
My Commission Expires:
Notary Public
Residing in St. Joseph County, Indiana
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. /s/ Danielle Campbell Weiss
This instrument was prepared by Danielle Campbell Weiss, Senior Assistant City Attorney, City of South Bend, Indiana, Department of Law, 215 S.
Dr. Martin Luther King Jr. Blvd., Suite 600, South Bend, IN 46601.
Page 2 of 2
EXHIBIT C
Form of Report to Commission
City of South Bend
Department of Community Investment
Development Agreement Review
Answer the questions below 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:
Name: _______________________________________
Address: _______________________________________
_______________________________________
Position: _______________________________________
Email: _______________________________________
Signature: ___________________________________ Date: ___________________
South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 4/3/26
FROM: Erin Michaels – Property Development
Manager
SUBJECT: South Bend Bike Garage Lease Agreement for
Main/Wayne Parking Garage Tenant Space
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 new lease agreement with the South Bend Bike Garage for the
Main/Wayne Parking Garage Tenant Space
SPECIFICS: The Redevelopment Commission (“RDC”) owns the parking garage located at the corner of
Main & Wayne St and this building has a first-floor retail space. This retail space had been vacant for a
minimum of two decades and was in need of considerable work in order for it to be leasable to a
traditional tenant. On October 24, 2024 the RDC and the South Bend Bike Garage ( the “Bike Garage”)
entered into an 18-month lease for a portion of this retail space so they could relocate their non-profit
organization to downtown. The Bike Garage has made significant renovations to the space and has
activated a long-vacant retail location in downtown South Bend. The added foot traffic and activity have
also led to an increased use of the Main & Wayne parking garage.
The Bike Garage is a community bicycle garage that offers services such as repairing bicycles, educating
customers and volunteers on bicycle repair, and selling repaired donated bicycles.
The current lease agreement terminates on April 24, 2026. RDC staff have been in negotiations with the
Bike Garage to secure a long-term lease in this downtown space. During the process of moving the Bike
Garage’s operations to the retail location in the Main/Wayne garage certain life-safety improvements
were needed which delayed their opening by six months. This new lease agreement contemplates a six-
month period during which the Bike Garage will not be charged rent in consideration of these delays.
The broad terms of the lease agreement proposed are as follows:
- Leased Space: Approximately 5,000 SF on the first floor of the Main & Wayne parking garage
located at 119 W Wayne St
- Term: 36 months
- Termination Clause: Either party may terminate with 6 months’ notice
______________ ___________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
- Renewal Clause: The Bike Garage may opt to renew lease for a 2-year period with 60 days' notice
to the RDC prior to termination date
- Rent: $550/month starting November 1st, 2026
o Rent will be renegotiated for the renewal period should the Bike Garage choose to exercise
this option
- Tenant Maintenance Responsibilities: Any door, window, and lighting repairs due to ordinary wear
and tears as well as maintenance of the Capital Improvement Project
- Capital Improvement Project Shared Cost: The RDC and Bike Garage will research the cost for
construction of a new unisex ADA compliant restroom in their leased space, and both agree to
share in the cost of this construction if both agree in writing to the overall project cost.
Staff recommends approval.
LEASE AGREEMENT
This Lease Agreement ("Lease") is made effective as of April 25, 2026 (the "Effective
Date"), by and between the City of South Bend, Indiana, Department of Redevelopment, acting by
and through its governing body the South Bend Redevelopment Commission (the "Landlord"), and
South Bend Bike Garage Inc, an Indiana Nonprofit Corporation (the "Tenant") (each a "Party," and
together, the "Parties").
RECITALS
A. Landlord exists and operates pursuant to the Redevelopment of Cities and Towns
Act of 1953, as amended, being I.C. 36-7-14 (the "Act").
B. Landlord owns certain real property and improvements located in South Bend,
Indiana, commonly referred to as 119 W. Wayne Street (the "Property"), and more particularly
described in the attached Exhibit A.
C. Landlord and Tenant previously entered into a certain Lease dated October 24,
2024, as amended, under which Landlord leased to Tenant a portion of the Property comprised
of approximately five thousand (5,000) square feet of commercial space located on the first
(main) floor of the building, terminating on April 24, 2026.
D. Landlord and Tenant desire to enter into a new lease agreement, under which
Landlord will lease to Tenant the same portion of the Property comprised of approximately
five thousand (5,000) square feet of commercial space located on the first (main) floor of the
building, but such lease shall be for a longer term and include additional provisions.
E. The term of the Lease of the Premises shall be thirty-six (36) months.
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth in
this Lease, the adequacy of which is hereby acknowledged, the Parties agree as follows:
ARTICLE I
BASIC LEASE PROVISIONS
1.1. Basic Lease Provisions. The following basic provisions of this Lease (the "Basic
Lease Provisions") constitute an integral part of this Lease and are set forth in this Section 1.1 for
the convenience of the Parties. The following Basic Lease Provisions shall be applied to and
construed with the other relevant terms of this Lease and the Lease as a whole.
(a) Premises: Defined in Section 2.1, consisting of
approximately five thousand (5,000) square
feet of commercial space located on the
ground floor within the Building commonly
referred to as 119 W. Wayne Street.
(b) Building: The ground floor retail suite located on the
Property and in which the Premises is situated,
commonly referred to as 119 W. Wayne Street,
South Bend, Indiana
(c) Term: Thirty-six (36) months, as provided for in
Section 3.1.
(d) Tenant’s Use: Retail operation and other ancillary functions
associated with such operation.
(e) Landlord’s Mailing Address: South Bend City Hall
215 S. Dr. Martin Luther King Jr. Blvd.
Suite 500
South Bend, IN 46601
Attn: DCI Executive Director
(f) Tenant’s Mailing Address: 1441 N. Michigan St.
South Bend, IN 46617
Attn: Steven Burnside
ARTICLE II
PREMISES
2.1. Premises. Landlord, in consideration of the covenants to be performed by Tenant,
and Tenant’s activation of the Premises, hereby leases to Tenant, and Tenant hereby leases from
Landlord, that certain Premises located in the Building depicted in Exhibit B, subject to the terms
and conditions of this Lease. Landlord reserves the right, with respect to the Building, to modify,
increase or decrease the number, location, dimension, size, and height of other premises within the
Building and other improvements in the Building, and the identity and type of other tenants of the
Building. Tenant's interest in the Premises is and shall be subject to all easements, restrictions,
liens, encumbrances, rights-of-way, or other matters now or hereafter of record affecting the
Premises or the Building.
2.2. Common Areas. Tenant shall have the right, in common with all other tenants in
the Building, to use the areas in and around the Building designated by Landlord from time to time
as common areas (the "Common Areas"). Landlord shall operate, maintain and insure the Common
Areas for their intended purposes in such a manner as Landlord shall determine to be necessary or
appropriate, including, without limitation, that Landlord at any time may close or change any part
of the Common Areas as Landlord determines to be necessary or appropriate. Tenant understands
that Landlord does not control the sidewalks located in the S. Main Street and W. Wayne Street
rights of way. Tenant shall be required to file any request for use of a portion of the sidewalk area
for its business operations with the South Bend Board of Public Works, and shall comply with
any laws, regulations, or other restrictions applicable to the sidewalk area uses, including, but not
limited to the Americans with Disabilities Act (ADA).
2.3. Quiet Enjoyment. Landlord warrants that it is the owner in fee simple of the
Premises, and that it has full right and authority to enter into this Lease, subject to all easements,
restrictions, liens, encumbrances, rights-of-way and other matters of record. Landlord agrees that
if Tenant observes all of the terms and conditions of, and performs all of its obligations under, this
Lease, then, at all times during the Term, subject to the terms and conditions of this Lease, Tenant
shall have the peaceful and quiet enjoyment of possession of the Premises, without any manner of
hindrance from Parties claiming under, by, or through Landlord.
ARTICLE III
TERM
3.1. Term. The term of this Lease will commence on the Effective Date and end on April
30, 2029, unless earlier terminated in accordance with the provisions of this Lease (the "Termination
Date"). Notwithstanding the foregoing, upon six (6) months’ advance written notice, either Party
may revoke and terminate this Lease at any time for any reason.
3.2. Renewal Option. Provided that no Event of Default exists, as hereinafter defined,
or any facts which with the giving of notice or passage of time, or both, would constitute an Event
of Default exists at the time of the exercise of any option to renew the Term (the "Renewal Option")
or exists at the end of the Term, Tenant may renew this Lease for an additional period of two (2)
years (the "Extended Term"), on the same terms and provisions as provided in this Lease, except
that the Rent due in the Extended Term shall be negotiated with delivery of written notice of the
exercise of such option not later than sixty (60) days before the expiration of the Term. If Tenant
fails to exercise its option to extend the Term in the time periods set forth in this Section 3.2,
Tenant's option to renew shall immediately terminate and have no further force or effect, without
further notice from Landlord.
3.3. Holding Over. If Tenant fails to surrender the Premises upon the expiration of the
Term or earlier termination of the Lease (it being agreed that Tenant shall not be permitted to so
hold over without Landlord's written consent), Tenant shall pay Landlord for each day of such
holding over a sum equal to Fifty Dollars ($50.00) per day in which such holding over occurs, plus
any other amounts which Tenant would have been required to pay had this Lease been in effect (the
"Holdover Rent"). If Tenant holds over without Landlord's written consent for a period in excess
of thirty (30) days without any action from Landlord to dispossess Tenant, Tenant shall be deemed
to occupy the Premises on a tenancy from month-to-month at the Holdover Rent, and all other terms
and provisions of this Lease shall be applicable to such period. At any time, either Party may
terminate such tenancy from month-to-month upon written notice delivered to the other Party at
least thirty (30) days in advance. Tenant hereby waives any and all notice to which Tenant may
otherwise be entitled under the laws of the State of Indiana as a prerequisite to a suit against Tenant
for unlawful detention or possession of the Premises. Tenant shall Indemnify, as hereinafter
defined, Landlord from any Loss, as hereinafter defined, resulting from such hold over, including
without limitation any liability incurred by Landlord to any succeeding tenant of the Premises.
ARTICLE IV
RENT
4.1. Rent. From the Effective Date until October 31, 2026, the Rent shall be free of charge,
which the Parties acknowledge constitutes part of the overall consideration exchanged between
Landlord and Tenant under this Lease, including other valuable consideration provided elsewhere
herein. Thereafter, beginning on November 1, 2026, Rent shall be Five Hundred Fifty Dollars
($550.00) per month paid to the Commission in lawful United States currency without notice,
demand, deduction, set-off, counterclaim or recoupment, and without relief from valuation or
appraisement laws, in monthly installments on or before the first (1st) day of each calendar month..
Subsequent renewals negotiated to commence after the expiration of this Lease Term, if any, may be
subject to increased rental rates. Notwithstanding the foregoing, Tenant shall be responsible for
Utilities, as set forth in Section VIII, and any other services it desires for its use and benefit, including,
but not limited to, internet and security services.
ARTICLE V
MAINTENANCE AND REPAIRS TO THE PREMISES
5.1. Landlord Maintenance and Repairs. Landlord shall, at its expense: (a) keep the
foundations and roof of the Premises in good order, repair and condition; and (b) maintain the
exterior walls of the Premises in a structurally sound condition, except to the extent that there is
damage caused by any act or omission of Tenant or its employees, agents, contractors, invitees or
licensees, and (c) repair or replace window glass, using glass of comparable quality to the existing
glass, when such glass is damaged or destroyed as a result of unforeseen external events, including,
without limitation, break-ins, vandalism, vehicular impact, severe weather, or other accidental
causes not attributable to Tenant or its employees, agents, contractors, invitees or licensees. For
clarity, Landlord shall not be responsible for repair or replacement of windows or window
components due to age, ordinary wear-and-tear, deterioration, or draftiness, which shall be the
responsibility of Tenant under Section 5.2. Landlord shall be responsible for the replacement and
maintenance of all heating, ventilating, and cooling equipment and systems serving the Premises
(the "HVAC Systems"); provided, however, that Landlord may bill Tenant for such replacement if
Landlord's consultant determines with reasonable certainty that the need to replace the HVAC
Systems was as a result of Tenant's misuse of it or Tenant's failure to notify the Landlord of its
malfunctioning. Landlord shall provide the necessary mains, meters, and conduits for water and
sewer facilities and electric service to the Premises, as well as water for operation of the heat pumps
located in the Premises. Landlord will not provide internet service. Any equipment related to such
service must be set up and maintained by the Tenant. Except as provided in this Section 5.1,
Landlord shall not be obligated to make repairs, replacements or improvements of any kind to or for
the Premises, or any trade fixtures or equipment contained therein, all of which such repairs,
replacements or improvements shall be the responsibility of Tenant.
5.2. Tenant Maintenance and Repairs. Except for repairs to be performed by Landlord
pursuant to Section 5.1, Tenant shall: (a) keep the Premises clean, neat, sanitary and safe, and in
good order, repair and condition, including, without limitation, that Tenant shall make all
maintenance, repairs, alterations, additions, or replacements to the Premises such as door repairs,
window repairs and replacements required due to age, deterioration, draftiness, or ordinary wear-
and-tear, lighting repairs, etc. and shall provide routine janitorial services at Tenant's expense; (b)
complete all maintenance and repairs necessary for the Capital Improvement Project (as later
defined) after installation, should it be completed (c) keep all glass in windows, doors, fixtures, and
other locations clean and in good order, repair, and condition, and replace interior light bulbs or
fluorescent lights as needed; and (d) paint and decorate the Premises as necessary or appropriate
to comply with the terms and conditions of this Section 5.2. Notwithstanding any provision to the
contrary, including Section 6.1, the Tenant shall be responsible for notifying the Landlord of any
damage to, malfunctioning of, or apparent repairs necessary to be made to the HVAC Systems or
to the plumbing, electrical or other systems used by or for the Premises, or any apparent structural
damage or malfunctioning. Plumbing and electrical maintenance and repair expenses which are
directly attributable to the plumbing and electrical systems utilized by and exclusively serving
Tenant shall be the responsibility of Tenant.
ARTICLE VI
ALTERATIONS AND IMPROVEMENTS TO THE PREMISES
6.1. Tenant Alterations.
(a) Alterations. Tenant, at its sole cost and expense, may install in the Premises
such improvements and equipment as Tenant reasonably determines to be necessary or
appropriate to conduct its business. Tenant, at its sole cost and expense, also may make non-
structural alterations or improvements to the interior of the Premises if: (i) Tenant delivers
to Landlord written notice describing the proposed alteration or improvement with
particularity and provides to Landlord copies of any plans and specifications for the alteration
or improvement; (ii) Landlord approves, in writing, of the proposed alteration or
improvement; and (c) on the Termination Date, Tenant surrenders the part of the Premises
altered or improved in as good a condition as on the Effective Date. Tenant shall not, without
the prior written consent of Landlord, make any: (1) alterations, improvements, or additions
of or to the exterior of the Premises; or (2) except as described above, structural or other
alterations, improvements, or additions of or to any part of the Premises. All alterations,
improvements, or additions to the Premises, exclusive of moveable equipment and furniture,
shall become the sole property of Landlord on the Termination Date.
(b) Permits. Before making any alterations, improvements, or additions, Tenant
shall: (i) obtain all permits, licenses, and approvals necessary for the completion of the
improvements, alterations, or additions; and (ii) deliver to Landlord: (A) copies of such
permits, licenses, and approvals; and (B) evidence reasonably satisfactory to Landlord that
Tenant has procured workers' compensation, builder's risk, general liability, and personal and
property damage insurance as Landlord reasonably may require. Tenant shall, at Tenant's
sole cost and expense: (1) complete the construction of any alterations, improvements or
additions in a good and workmanlike manner and in compliance with all Laws and all permits,
licenses and approvals; and (2) assure that all contractors, subcontractors, laborers, and
suppliers performing work or supplying materials are paid in full.
(c) Liens. Tenant shall not suffer or cause the filing of any mechanic's or other
lien against the Premises or the Building. Tenant shall further not enter into any contract or
agreement that provides explicitly or implicitly that a lien may be attached against the
Premises, the Building or any improvements. If any mechanic's or other lien is filed against
the Premises, the Building, or any part thereof for work claimed to have been done for Tenant,
or materials claimed to have been furnished to Tenant, then Tenant shall: (i) cause such lien
to be discharged of record within twenty (20) days after notice of the filing by bonding or as
provided or required by law; or (ii) provide evidence satisfactory to Landlord that the lien is
being contested by proceedings adequate to prevent foreclosure of the lien, together with
indemnity satisfactory to Landlord (in an amount equal to at least one hundred fifty percent
(150%) of the claimed lien) to Landlord within thirty (30) days after notice of the filing
thereof. All liens suffered or caused by Tenant shall attach to Tenant's interest only. Nothing
in this Lease shall be deemed or construed to: (1) constitute consent to, or request of, any
Party for the performance of any work for, or the furnishing of any materials to, Tenant; or
(2) give Tenant the right or authority to contract for, authorize, or permit the performance of,
any work or the furnishing of any materials that would permit the attaching of a mechanic's
lien to the Premises or the Building or Landlord's interest therein.
6.2 Landlord & Tenant Shared Cost Capital Improvement Project. Both Parties agree
that one unisex ADA compliant restroom (the “Capital Improvement Project”) must be constructed
inside the Premises in order for the Tenant to be able to hire additional staff for its operations.
Landlord and Tenant further agree that the cost of the installation of the Capital Improvement Project
shall be shared between both Parties, provided that the total cost and percentage of cost shared by
each Party is agreed upon in writing in advance. Should the Parties not come to an agreement on the
total cost and percentage of cost shared by each Party to construct the Capital Improvement Project,
it will not be completed.
ARTICLE VII
USE
7.1 Use of the Premises. Tenant shall operate the Premises for purposes of a retail
operation open to the general public under such assumed name as Tenant determines appropriate,
subject to Landlord's advance written approval, and for other associated ancillary operation purposes.
Tenant may, subject to requirements of the Americans with Disabilities Act (ADA) and approval and
limitation by the City of South Bend Board of Public Works, be permitted to use an outdoor seating
area.. The Premises may not be used for any other purpose without the prior written approval of the
Landlord. Tenant shall not permit, allow, or cause to be conducted in the Premises: (a) a public or
private auction; or (b) a sale that would indicate to the public that Tenant: (i) is bankrupt, (ii) is going
out of business, or (iii) has lost or is preparing to terminate its possession of the Premises. The
Premises shall not be used except in a manner consistent with the general high standards of the
neighborhood and shall not be used in a disreputable or immoral manner or in violation of federal,
state or local laws or ordinances.
7.2 Compliance with Law. Tenant shall comply with all federal, state and local laws
and ordinances, lawful orders, and regulations in effect affecting the Premises, and the health,
cleanliness, safety, construction, occupancy and use of same. Tenant shall fully comply with all
federal, state and local laws and ordinances in effect prohibiting discrimination or segregation by
reason of race, color, religion, disability, gender, national origin, or otherwise.
7.3 Operation by Tenant. Tenant covenants and agrees that it: will not place or maintain
any merchandise or vending machines outside the building on the Premises; will store garbage, trash,
rubbish and other refuse in rat-proof and insect-proof containers with adequate screening to hide
such garbage, trash, rubbish and refuse from view on the Premises and the Building, and will remove
the same frequently and regularly; will not permit any sound system to be audible or objectionable
advertising medium to be visible outside the Premises; will not commit or permit waste or a nuisance
upon the Premises; will not permit or cause objectionable odors to emanate or be dispelled from the
Premises; will not permit the loading or unloading or the parking or standing of delivery vehicles
outside any area designated therefore, nor permit any use of vehicles which will interfere with the
use of any portion of the Building; and will comply with all laws, ordinances, rules and regulations
of governmental, public, private and other authorities and agencies, including those with authority
over insurance rates, with respect to the use or occupancy of the Premises, and including, but not
limited to, the Occupational Safety and Health Act ("OSHA") and the Americans With Disabilities
Act ("ADA"), as the same may be amended from time to time. Tenant shall not do or permit anything
to be done in and about the Building or Premises which will obstruct or interfere with the rights of
other tenants or occupants of the Building or which will increase the rate of fire insurance for the
building.
7.4 Emissions and Hazardous Materials.
(a) Emissions. Tenant shall not, without the prior written consent of Landlord:
i. make, or permit to be made, any use of the Premises or any
portion thereof which emits, or permits the emission of, an unreasonable
amount of dust, sweepings, dirt, cinders, fumes or odors into the atmosphere,
the ground or any body of water, whether natural or artificial (including
without limitation rivers, streams, lakes, ponds, dams, canals, sanitary or
storm sewers, or flood control channels), which is in violation of any laws;
ii. create, or permit to be created, any sound level which will
interfere with the quiet enjoyment of any real property by any tenant or
occupant of the Building, or which will create a nuisance or violate any laws;
iii. create, or permit to be created, any ground vibration that is
discernible outside the Premises; or
iv. produce, or permit to be produced, any intense glare, light or
heat except within an enclosed or screened area and then only in such manner
that the glare, light or heat shall not be discernible outside the Premises.
(b) Hazardous Materials. Tenant shall be permitted to use and store those
Hazardous Materials, as defined below, which are used in the normal course of Tenant's Use
at the Premises, so long as such Hazardous Materials are used, stored, handled and disposed
of in compliance with applicable laws. Subject to the exception contained in the preceding
sentence, Tenant shall not, without the prior written consent of Landlord, cause or permit,
knowingly or unknowingly, any Hazardous Material to be brought or remain upon, kept,
used, discharged, leaked, or emitted in or about, or treated at, the Premises or the Building.
As used in this Lease, "Hazardous Material(s)" shall mean any hazardous, toxic, infectious
or radioactive substance, material, matter or waste which is or becomes regulated by any
federal, state or local law, ordinance, order, rule, regulation, code or any other governmental
restriction or requirement, and shall include, but not be limited to, asbestos, petroleum
products, and the terms "Hazardous Substance" and "Hazardous Waste" as defined in the
Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42
U.S.C. Sec. 9601 et seq. ("CERCLA"), and the Resource Conservation and Recovery Act, as
amended, 42 U.S.C. Sec. 6901 et seq. ("RCRA"), and the term "Hazardous Chemical" as
defined in OSHA in 29 C.F.R. Sec. 1910.1200(c) (hereinafter "Environmental Laws").
In addition to, and in no way limiting, Tenant's duties and obligations under this
Lease, should Tenant breach any of its duties and obligations as set forth in this Section
7.4(b), or if the presence of any Hazardous Material(s) on the Premises results in
contamination of the Premises, the Building, any land other than the Building, the
atmosphere, or any water or waterway (including without limitation groundwater), or if
contamination of the Premises or of the Building by any Hazardous Material(s) otherwise
occurs for which Tenant is otherwise legally liable to Landlord for damages resulting
therefrom, Tenant shall Indemnify, as hereinafter defined, Landlord from and against any
Loss, as hereinafter defined, arising during or after the Term as a result of such
contamination. The term "Loss," in this Section 7.4(b) includes, without limitation, costs and
expenses incurred in connection with any investigation of site conditions or any cleanup,
remediation, removal, fines, monitoring, or restoration work required or imposed by any
federal, state or local governmental agency or political subdivision because of the presence
of Hazardous Material(s) on or about the Premises or the Building, or because of the presence
of Hazardous Material(s) anywhere else which came or otherwise emanated from Tenant or
the Premises. The indemnification contained in this Section 7.4(b) shall survive the
Termination Date.
7.5 Rights Reserved to Landlord. Landlord shall have the following rights exercisable
upon reasonable prior notice, but without liability to Tenant for damage or injury to property,
person, or business (all claims or damage being hereby released), and without effecting a
constructive eviction or disturbance of Tenant's use or possession or giving rise to any claim for
offsets or abatement of rent:
(a) To change the name or street address of the Building;
(b) To install and maintain signs on the exterior and interior of the Building,
which signs will not affect the access to or visibility of the Premises or Tenant's signs;
(c) To designate and/or approve, prior to installation, all types of window
coverings, awnings, covered entrances and signs and lettering (in accordance with Section 7.6)
on windows and building exteriors and elsewhere visible from the sidewalk around the
Building, and to control all internal lighting that may be visible from outside the Building;
(d) To have pass keys to the Building, Premises, and all portions thereof;
(e) To grant to anyone the exclusive right to conduct any business or render any
service in the Building if such exclusive right shall not operate to exclude Tenant from the
use expressly permitted in Section 7.1;
(f) To decorate, remodel, repair, alter or otherwise prepare the Premises for re-
occupancy during the last three (3) months of the Term, but only if during or prior to such time
Tenant vacates the Premises, or (ii) at any time after Tenant abandons the Premises;
(g) To enter the Premises to make inspections, repairs, alterations, or additions in
or to the Premises, or during the final three (3) months of the Term to exhibit the Premises to
prospective tenants, purchasers, or others, at reasonable hours and at any time in the event of
an emergency, and to perform any acts related to the safety protection, preservation, re-
letting, sale or improvement of the Premises;
(h) To require all persons entering or leaving the Premises during such hours as
Landlord may from time to time reasonably determine to identify themselves to a watchman
by registration or otherwise and to establish their right to enter and to exclude or expel any
peddler, solicitor, or unruly or loud person at any time from the Premises;
(i) To close the Premises during time of emergency and, subject to Tenant's right
to admittance under such regulations as shall be prescribed from time to time by Landlord, after
regular business hours. Emergency shall include a health epidemic or quarantine as declared
by an authorized federal, state or local official;
(j) To approve the weight, size and location of safes and other heavy equipment
and articles in and about the Premises and to require all such items to be moved in and out of
the Premises only at such times and in such manner as Landlord shall direct and in all events
at Tenant's sole risk and responsibility;
(k) With prior written notice to Tenant and without the interruption of Tenant's
business, to decorate, alter, repair or improve the Building at any time, and Landlord and its
representative for that purpose may enter on and about the Building with such materials as
Landlord may deem necessary, may erect scaffolding and all other necessary structures on or
about the Building and may close or temporarily suspend operations of entrances, doors,
corridors, elevators and other facilities. Tenant waives any claim for damages including the
loss of business resulting from such action by Landlord, but in the exercise of its rights
under this subparagraph, Landlord shall not unreasonably interfere with the conduct of
Tenant's business and shall provide access to the Premises for Tenant's customers and staff
during business hours;
(l) To erect a barrier to access of the basement area during any portion of the
Lease Term that Tenant has not exercised its option to occupy that space; and
(m) To do or permit to be done any work in or about the Building or any adjacent or
nearby building, land, street or alley.
7.6 Exterior Signs. Tenant shall comply with all zoning regulations and other state and
local laws governing the installation and use of exterior signs and window and door graphics, and
Landlord's approval shall be required in advance of installation, which approval shall not be
unreasonably withheld.
7.7 Parking. During the term of this Lease, the Landlord will designate seven (7) spaces
on the ground floor of the adjacent parking garage for use by the Tenant’s employees, volunteers,
and/or a trailer for storage, provided, however, that no vehicle or trailer may exceed the length or
width of the designated parking space(s).
ARTICLE VIII
UTILITIES
8.1. Utility Services. Landlord shall provide the necessary mains, meters, and conduits
for water and sewer facilities and electric service to the Premises, as well as water for operation of
the heat pumps located in the Premises. Tenant shall: (a) promptly pay all charges for sewer, water,
gas, electricity, telephone, and other utility services used in, on, at, or from, the Premises (the
"Utility Charges"); and (b) deliver to Landlord, upon demand, receipts or other satisfactory
evidence of payment of the Utility Charges. Notwithstanding the foregoing, the Parties agree
Landlord will not provide internet service, and any equipment related to such service must be set
up and maintained by the Tenant.
8.2 Landlord’s Reserved Rights. With prior written notice to Tenant, Landlord reserves
the right to suspend or reduce the services of heating, elevators, plumbing, electrical, air
conditioning or other mechanical systems in the Building when necessary by reason of
governmental regulations, civil commotion, riot, accident or emergency, or for repairs, alterations
or improvements which are in the reasonable judgment of Landlord desirable or necessary, or for
any other reason beyond the power or control of Landlord (including without limitation, the
unavailability of fuel or energy or compliance by Landlord with any applicable laws, rules or
regulations relating thereto), without liability in damages and without any reduction in rent payable
by Tenant. The exercise of such right by Landlord shall not constitute an actual or constructive
eviction in whole or in part, nor entitle Tenant to any abatement or diminution of Rent, relieve
Tenant from any of Tenant's obligations under this Lease, or impose any liability upon Landlord
or its agents by reason of inconvenience or annoyance to tenant or injury to or interruption of
Tenant's business or otherwise. Landlord shall not in any way be liable or responsible to Tenant
for any loss, damage or expense which Tenant may sustain or incur if, during the Lease Term and
for reasons beyond the control of Landlord, either the quality or character of electric current is
changed or is no longer available or suitable for Tenant's requirements.
ARTICLE IX
INSURANCE AND INDEMNIFICATION
9.1. Tenant's Liability Insurance. Tenant, at its expense, shall maintain during the Term,
commercial general liability insurance on the Premises covering Tenant as the named insured and
identifying Landlord as an "additional insured" with terms satisfactory to Landlord and with
companies qualified to do business in the State, for limits of not less than $1,000,000.00 per
occurrence for bodily injury, including death resulting therefrom, and personal injury for any one
(1) occurrence, $1,000,000.00 property damage insurance, or a combined single limit in the amount
not less than $5,000,000.00. At all times, Tenant shall maintain limits naming Landlord as an
"additional insured" in an amount sufficient to cover any possible liability Landlord may have
pursuant the amounts set forth at Indiana Code § 34-13-3-4, as the same may be amended,
superseded or recodified from time to time. All insurance required to be carried by Tenant under
this Lease shall be primary to and non‑contributory with any insurance maintained by Landlord.
Any insurance maintained by Landlord shall be excess and not contributing with Tenant’s
insurance, regardless of any provision in Landlord’s policies to the contrary. Each policy of
insurance required to be carried by Tenant under this Lease shall include an express waiver of
subrogation in favor of Landlord, its members, managers, officers, employees, agents, and
mortgagees. Tenant shall cause its insurers to issue endorsements evidencing such waivers. All
insurance obligations of Tenant under this Lease shall continue in full force and effect during any
period of Tenant’s occupancy of the Premises after the expiration or earlier termination of the
Term, whether or not such occupancy is with Landlord’s consent.
9.2 Coverage Verification. All policies of insurance required by this Article to be
maintained by Tenant shall: (a) be in a form, and maintained with an insurer, reasonably satisfactory
to Landlord; and (b) provide that such policies shall not be subject to cancellation, termination, or
change without written notice to Landlord at least thirty (30) days in advance. Tenant shall
deposit with Landlord the policy or policies of insurance required to be maintained by Tenant
pursuant to this Article, or proper certificates of such insurance, duly executed by the insurance
company or the general agency writing such policies and effective not later than the Effective Date.
Tenant shall deposit appropriate renewal or replacement policies or certificates with Landlord not
less than ten (10) days prior to the expiration of any such policy or policies. Tenant shall also furnish
Landlord with certificates evidencing such coverages from time to time upon Landlord's request. If
Tenant shall fail to timely procure or renew any of the insurance required under this Article,
Landlord may obtain replacement coverage and the cost of same shall be payable by Tenant with
the next installment of Rent thereafter becoming due and payable.
9.3. Indemnity.
(a) Definition of Loss. The term "Loss," as used throughout this Lease, shall mean
any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits,
proceedings, actions, causes of action, and losses of any and every kind and nature (including,
without limitation, sums paid in settlement of claims and for attorney's fees and court costs).
(b) Definition of Indemnify. The term "Indemnify," as used throughout this Lease,
shall mean that Tenant shall indemnify Landlord, save it harmless and, at Landlord's option,
defend Landlord, and its contractors, agents, employees, members, managers, officers, and
mortgagees, if any, from any Loss arising out of the condition specified in the particular
indemnity provision.
(c) General Indemnity. Except for loss, injury or damage caused solely by the
willful misconduct or gross negligence of Landlord, its employees, contractors, or agents,
Tenant covenants to Indemnify Landlord for any Loss in connection with or arising from any
use or condition of the Premises or occasioned wholly or in part by any act or omission of
Tenant, its agents contractors, employees, licensees, invitees or visitors, occurring on or about
the Premises and in the case of Tenant, its agents, contractors or employees occurring on or
about the Building. Except for loss, injury or damage caused by the negligent acts or willful
misconduct of Tenant, its employees, contractors, invitees, licensees, visitors or agents,
Landlord covenants to Indemnify Tenant, and save it harmless, from and against any and all
claims, actions, damages, injuries, accidents, liability and expense, including reasonable
attorneys' fees, in connection with or arising from, or occasioned wholly or in part by, any act
or omission of Landlord, its agents, contractors or employees occurring on or about the
Building, excluding the Premises.
(d) Covenant to Hold Harmless. Landlord shall be defended and held harmless
by Tenant from any liability or claims for damages to any person or any property in or upon
the Premises unless caused by the willful act of Landlord, including but not limited to the
person and property of Tenant and its officers, agents, employees, and shall pay all expenses
incurred by Landlord in defending any such claim or action, including without limitation
attorney fees of Landlord and any judgment or court costs. All property kept, stored or
maintained in the Premises shall be so kept, stored or maintained solely at the risk of Tenant.
Except for loss, injury or damage caused solely by the willful misconduct or gross negligence
of Landlord, its employees, contractors, or agents, the Landlord shall not be liable for damage
caused by hidden defects or failure to keep said Premises in repair, and shall not be liable for
any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, or
sewerage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures or
waste or soil pipe existing in connection with the Building or Premises, nor for damage
occasioned by water, nor for any damages arising from negligence of co-tenants or other
occupants of the Building, or the agents, employees or servants of any of them, or of any
owners or occupants of adjacent or contiguous property. Landlord shall also not be liable for
any injury to the Tenant, its employees and agents or any other person, occurring on said
Premises, irrespective of whether said injury is caused by a defect in said Premises or by
reasons of said Premises becoming out of repair or arising from any other cause whatsoever,
and the Landlord shall not be liable for damage to Tenant's property or to the property of any
other person which may be located in or upon said Premises and the Tenant agrees to
indemnify, defend, and save harmless the Landlord from any and all claims arising out of
injuries to persons or property occurring on said Premises.
9.4. Release of Subrogation. Each Party hereto does hereby release and discharge the
other Party from any liability, which the released Party would have had (but for this section) to the
releasing Party, arising out of or in connection with any accident or occurrence or casualty: (a)
which is or would be covered by a fire and extended-coverage policy with vandalism and malicious
mischief endorsement or by a sprinkler leakage or water damage policy, regardless of whether or
not such coverage is being carried by the releasing Party, and (b) to the extent of recovery under
any other casualty, which accident, occurrence or casualty may have resulted in whole or in part
from any act or neglect of the released Party, its officers, agents or employees; and insofar as Tenant
is the releasing Party, it will also release the other tenants in the Building from any such liability
as if the other tenants were each a released Party under this section. Notwithstanding anything
contained in this Lease to the contrary, Landlord shall not be liable for any damage to person or
Party arising from the negligent act or omission or willful misconduct of any other tenant or
occupant of the Building and Tenant hereby expressly waives any claim for such damages.
ARTICLEX
CASUALTY AND CONDEMNATION
10.1. Casualty.
(a) Insubstantial Damage. If the Premises is damaged by fire or any other casualty
(the "Casualty Damage"), and the estimated cost to repair such Casualty Damage is less than
fifty percent (50%) of the estimated cost to replace the Premises, then Landlord shall repair
such Casualty Damage so long as sufficient insurance proceeds recovered as a result of such
Casualty Damage remain after deducting the amount of any expenses incurred in collecting
the insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event
shall Landlord be required to repair or replace: (1) the improvements to the Premises made
by Tenant; or (2) any trade fixtures, equipment, or inventory of Tenant (or any other person
or entity) located on, in, or about the Premises.
(b) Substantial Damage. If: (i) there is Casualty Damage to the Premises, and the
cost to repair such Casualty Damage is equal to or greater than fifty percent (50%) of the
estimated cost to replace the Premises; or (ii) there is Casualty Damage to the Building of
which the Premises is a part, and the cost to repair such Casualty Damage is equal to or greater
than twenty-five percent (25%) of the cost to replace the Building; then Landlord may elect
either to: (1) repair or rebuild the Premises, or the Building of which the Premises is a part;
or (2) terminate this Lease upon delivery of written notice to Tenant within ninety (90) days
after the occurrence of the Casualty Damage.
(c) Partial Abatement of Rent. Rent shall be abated proportionately (based upon
the proportion that the unusable space in the Premises due to the Casualty Damage bears to
the total space in the Premises) for each day that the Premises or any part thereof is unusable
by reason of any Casualty Damage.
(d) Repair of Tenant Improvements. If Landlord is required or elects to repair
the Premises, then Tenant shall repair or replace: (i) the alterations, improvements, and
additions to the Premises made by Tenant; and/or (ii) any equipment of Tenant located on,
in, or about the Premises.
(e) Notice. Tenant shall give Landlord prompt written notice of any Casualty
Damage in or to the Premises, or to the Common Areas of which Tenant has knowledge.
ARTICLE XI
SURRENDER
11.1. Surrender of Leased Premises. Except as herein otherwise expressly provided in
this Article XI, Tenant shall surrender and deliver up the Premises, together with all property
affixed to the Premises, to Landlord at the expiration or other termination of this Lease or of
Tenant's right to possession hereunder, without fraud or delay, in good order, condition and repair
except for reasonable wear and tear after the last necessary repair, replacement, or restoration is
made by Tenant, free and clear of all liens and encumbrances, and without any payment or
allowance whatsoever by Landlord on account of any improvements made by Tenant.
11.2. Removal of Certain Property. All moveable equipment and furniture furnished by
or at the expense of Tenant shall be removed by or on behalf of Tenant at or prior to the expiration
or other termination of this Lease or of Tenant's right of possession hereunder, but only if, and to
the extent, that the removal thereof will not cause physical injury or damage to the Premises or
necessitate changes or repairs to the same. Tenant shall repair and restore any injury or damage
to the Premises arising from such removal so as to return the Premises to the condition described
in Section 11.1 above, or alternatively, at Landlord's discretion, Tenant shall pay or cause to be
paid to Landlord one hundred ten percent (110%) of the cost of repairing or restoring injury or
damage which costs shall be deemed due and payable as of the date on which surrender by Tenant
is required under this Lease.
11.3. Property Not Removed. Any personal property of Tenant which shall remain in or
upon the Premises after Tenant has surrendered possession of the Premises shall be deemed to have
been abandoned by Tenant, and at the option of Landlord, such property: (a) shall be retained by
Landlord as its property; (b) shall be disposed of by Landlord in such manner as Landlord shall
determine, without accountability to any person; or (c) shall be removed by Tenant within three
(3) business days at Tenant's expense upon written request from Landlord; provided, however, that
if Tenant fails to remove such property within such timeframe, Landlord may remove such property
at Tenant's expenses, charging Tenant one hundred ten percent (110%) of the costs incurred by
Landlord to remove said items, which funds shall be due immediately upon notification of Tenant of
such charges. Landlord shall not be responsible for any loss or damage occurring to any property
owned by Tenant remaining in the Premises after Tenant surrenders possession thereof.
11.4. Survival of Terms. The terms of this Article XI shall survive any termination of
this Lease.
ARTICLE XII
DEFAULT
12.1. Events of Default. Each and all of the following events shall be deemed an "Event
of Default" by Tenant under this Lease:
(a) Insurance Not Maintained. Any failure to maintain the insurance coverages
required to be maintained by Tenant under this Lease.
(b) All Other Lease Violations. Tenant's failure to perform or observe any other
covenant, condition, or agreement of this Lease, which failure is not cured by Tenant within
thirty (30) days after the giving of notice thereof by Landlord specifying the items in default.
(c) Falsification of Information. If Tenant or any agent of tenant falsifies any
report in any material respect or misrepresents other information in any material respect
required to be furnished to Landlord pursuant to this Lease.
(d) Merger or Consolidation. If Tenant is merged or consolidated with any other
entity, or there is a transfer of a controlling interest in Tenant, which is not consented to in
advance in writing by Landlord.
(e) Tenant's Dissolution or Liquidation. The commencement of steps or
proceedings toward the dissolution, winding up, or other termination of the existence of
Tenant or toward the liquidation of its assets, which includes Tenant's failure to maintain a
business license or any other license in accordance with state or local law.
(f) Assignment or Attachment. The making of an assignment by Tenant of
Tenant's obligations hereunder for the benefit of its creditors, or if in any other manner
Tenant's interest in this Lease passes to another by operation of law, including, without
limitation, by attachment, execution, or similar legal process, which is not discharged or
vacated within thirty (30) days, except as permitted under this Lease.
(g) Appointment of Receiver or Trustee. The appointment of a receiver or trustee
for the business or property of Tenant, unless such appointment shall be vacated within ten
(10) days after its entry.
(h) Inability to Pay. The admission in writing by Tenant of its inability to pay its
debts when due.
(i) As Otherwise Provided. The occurrence of any other event described as a
default elsewhere in the Lease or any amendment thereto, regardless of whether such event
is defined as an "Event of Default."
12.2. Remedies. Upon the occurrence of an Event of Default, Landlord, without notice
to Tenant in any instance (except where expressly provided for below or by applicable law) may
do any one or more of the following:
(a) Termination of Lease. Landlord may terminate this Lease, by written notice
to Tenant, without any right by Tenant to reinstate its right by payment of Rent due
or other performance of the terms and conditions hereof. Upon such termination, Tenant shall
immediately surrender possession of the Premises to Landlord, and Landlord shall, in addition
to all other rights and remedies that Landlord may have, immediately become entitled to
receive from Tenant: (i) an amount equal to the aggregate of all Rent which then remains due
to Landlord but unpaid by Tenant; (ii) reasonable costs and expenses incurred by Landlord
in connection with a re-entry or taking of possession of the Premises; (iii) reasonable costs
and expenses incurred by Landlord in connection with making alterations and repairs for the
purpose of re-letting the Premises; and (iv) reasonable attorneys' fees.
(b) Termination of Possessory Rights. Landlord may terminate Tenant's rights to
possession of the Premises without terminating this Lease or Tenant's obligations hereunder
and Tenant shall continue to be obligated to pay all Rent which then remains due to Landlord
but unpaid by Tenant and Tenant shall continue to be obligated for future Rent as the same
comes due under this Lease.
(c) Acceleration of Rent. Landlord may, whether it terminates the Lease or
Tenant's possessory rights to the Premises, accelerate and declare immediately due all of the
Rent that otherwise would have been due from the date of the Event of Default through the
stated expiration date of the Term or Extended Term, the option for which has been exercised.
(d) Other Remedies. Pursue any legal or equitable remedy allowed by applicable
laws of the State.
12.3. Failure to Surrender. If Tenant fails to surrender the Premises upon expiration of
the Term or earlier termination of the Lease pursuant to Section 12.2(a), or termination of Tenant's
possession rights, the provisions of Section 3.3 shall apply, and Landlord may, without further
notice and with or without process of law, enter upon and re-enter the Premises and possess and
repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may
dispossess Tenant and remove Tenant and all other persons and property from the Premises and
may have, hold and enjoy the Premises and Tenant's property under Section 11.3 of Article XI,
and the right to receive all rental and other income of and from the same.
12.4. Reimbursement of Landlord's Costs in Exercising Remedies. Landlord may recover
from Tenant, and Tenant shall pay to Landlord upon demand, such reasonable and actual costs and
expenses as Landlord may incur in recovering possession of the Premises, placing the same in good
order and condition and repairing and altering the same for reletting, and all other reasonable and
actual costs and expenses, commissions and charges incurred by Landlord in reletting and otherwise
exercising any remedy provided herein or as a result of any Event of Default by Tenant hereunder
(including, without limitation, reasonable attorneys’ fees).
12.5. Remedies Are Cumulative. No right or remedy herein conferred upon or reserved
to Landlord is intended to be exclusive of any other right or remedy herein or by law provided, but
each shall be cumulative and in addition to every other right or remedy given herein or now or
hereafter existing at law or in equity or by statute.
ARTICLE XIII
ASSIGNMENT AND SUBLETTING
13.1. Assignment and Subletting. Tenant shall not assign, sublet, mortgage, encumber,
or in any manner transfer, in whole or in part, any interest in this Lease or the Premises, or otherwise
allow the occupancy or possession of the Premises by any person or entity other than Tenant.
13.2. Assignment by Landlord. Landlord, at any time and from time to time, may assign
its interest in this Lease, and, if: (a) Landlord assigns its interest in this Lease; and (b) the assignee
assumes all of the obligations of Landlord under the terms and conditions of this Lease; then
Landlord and its successors and assigns (other than the assignee of this Lease) shall be released
from any and all liability hereunder.
ARTICLE XIV
ATTORNMENT, SUBORDINATION, AND ESTOPPEL CERTIFICATES
14.1. Attornment. In the event any proceedings are brought for the foreclosure of, or in
the event of conveyance by deed-in-lieu of foreclosure of, or in the event of exercise of the power
of sale under any mortgage made by Landlord covering the Premises, Tenant hereby attorns to the
successor-in-interest of Landlord and covenants and agrees to execute an instrument in writing
reasonably satisfactory to same whereby Tenant attorns to such successor-in-interest and
recognizes such successor-in-interest as Landlord hereunder.
14.2. Subordination.
(a) Landlord shall have the right at any time and from time-to-time to create
security interests in the form of a mortgage, deed of trust or other similar lien or encumbrance
(a "Mortgage") upon or affecting Landlord's fee estate in the Premises, or any part thereof,
and the rights of Tenant under this Lease shall be subject and subordinate to any such
Mortgage; provided, however, that in the event of any foreclosure or sale under any such
Mortgage or the delivery by Landlord of any deed-in-lieu of foreclosure to the holder of any
such Mortgage, then the holder of any such Mortgage agrees not to disturb Tenant's possession
so long as Tenant is not in default under the terms of this Lease beyond any notice and/or cure
periods provided for under this Lease and attorns to such holder or the foreclosure purchaser
as Landlord under this Lease. Said subordination shall be self-operative and no further
instrument of subordination shall be necessary unless required by any such Mortgage holder,
in which event Tenant agrees to, within ten (10) days after request by Landlord or the
Mortgage holder, execute any agreement reasonably required by such Mortgage holder to
memorialize said subordination and to memorialize the terms of any related agreements
between Tenant and such Mortgage holder. Any holder of any such Mortgage is herein
referred to as "Landlord's Mortgagee(s)." Notwithstanding the foregoing, a Landlord's
Mortgagee may at any time subordinate its Mortgage to this Lease without Tenant's consent
by notice in writing to Tenant, and thereupon this Lease shall be deemed prior to such
Mortgage without regard to their respective dates of execution and delivery and, in that event,
such Landlord's Mortgagee shall have the same rights with respect to this Lease as though it
had been executed prior to the execution and delivery of any such Mortgage and had been
assigned to such Landlord's Mortgagee.
(b) This Lease shall be subject to and subordinate to all easements, restrictions,
liens, encumbrances, rights-of-way, or other matters affecting the Premises of record.
14.3. Estoppel Certificates. Tenant and Landlord agree to execute and deliver, within ten
(10) days after a request by the other Party, a statement, in writing, certifying to Landlord and/or
any Party designated by Landlord, or Tenant and/or any Party designated by Tenant, as the case
may be, that: (a) this Lease is in full force and effect; (b) the Effective Date; (c) that Rent is paid
currently without any off-set or defense thereto, (d) the amount of Rent, if any, paid in advance;
(e) that there are no known uncured defaults by Landlord or Tenant, or stating those known and
claimed, provided that, in fact, such facts are accurate and ascertainable, and (f) any other
information reasonably requested.
ARTICLE XV
MISCELLANEOUS
15.1. Recordation. The Parties agree that this lease shall not be recorded, but upon the
request of either Party, a Memorandum of Lease shall be prepared by Landlord, and shall be
promptly executed, delivered, and recorded in the Office of the Recorder of St. Joseph County, and
the costs of recordation shall be charged to the Party requesting the Memorandum of Lease.
15.2. Notices. Any notice, demand, request or other instrument (any "Notice") which
may be or is required to be given under this Lease shall be in writing and shall be deemed given
and received: (a) on the date of delivery when delivered in person (with receipt for delivery); (b)
three (3) business days after deposit with the U.S. Postal Service, when sent by United States
certified or registered mail, return receipt requested, postage prepaid; or (c) on the next business
day following deposit of any such Notice with a national overnight delivery carrier (with
receipt evidencing such delivery) such as, but not limited to, Federal Express or United Postal
Service. Any Notice to be delivered in person or by mail shall be addressed: (a) if to Landlord,
at the address set forth in Section 1.l(e) hereof (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), or at such other address as Landlord may designate by written notice; and (b) if to
Tenant, at the address set forth in Section 1.l(f) hereof, or at such other address as Tenant may
designate by written notice.
15.3. Waiver. One or more waivers of any covenant or condition by Landlord shall
not be construed as a waiver of a subsequent breach of the same covenant or condition, and the
consent or approval by Landlord to or of any act by Tenant requiring Landlord's consent or
approval shall not be deemed to render unnecessary Landlord's consent or approval to or of
any subsequent similar act by Tenant.
15.4. Entire Agreement; Amendment. This Lease and the exhibits attached hereto
(which exhibits are incorporated herein by reference) set forth all the covenants, promises,
agreements, conditions and understandings between Landlord and Tenant concerning the
Premises, and there are no covenants, promises, agreements, conditions or understandings,
either oral or written, between Landlord and Tenant other than as are herein set forth. No
alteration, amendment, change or addition to this Lease shall be binding upon Landlord or
Tenant unless reduced to writing and signed by authorized representatives of both Landlord
and Tenant.
15.5. Dispute Resolution: Remedies Cumulative. Any litigation over the terms or
performance of this Lease will be commenced in the courts of St. Joseph County, Indiana. In
any legal proceeding concerning this Lease, each Party irrevocably waives the right to trial by
jury with respect to any and all causes of action, counterclaims, and disputes. The rights and
remedies of Landlord and Tenant hereunder shall be cumulative, and no one of them shall be
deemed or construed as exclusive of any other right or remedy hereunder, at law, or in equity.
The exercise of any one such right or remedy by Landlord or Tenant shall not impair its
standing to exercise any other such right or remedy. Unless time is of the essence, the parties
agree to submit their dispute to pre-suit mediation under Indiana ADR Rules before filing
cause of action in a court of law.
15.6. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a
lesser amount than the Rent due hereunder shall be deemed to be other than on account of the
Rent first due hereunder. No endorsement or statement on any check or letter accompanying
any check or payment of Rent shall be deemed to be an accord and satisfaction, and Landlord
may accept any such check or payment without prejudice to the right of Landlord to recover
the balance of such Rent or to pursue any other right or remedy.
15.7. Relationship. Nothing contained herein shall be deemed or construed to create
between the Parties any relationship other than that of Landlord and Tenant.
15.8. Information. Tenant shall provide to Landlord, upon request, accurate financial
statements of Tenant certified by the highest-ranking financial officer of Tenant.
15.9. Construction. The laws of the State of Indiana shall govern the validity,
performance, and enforcement of this Lease. The invalidity or unenforceability of any term
or condition of this Lease shall not affect the other terms and conditions, and this Lease shall be
construed in all respects as if such invalid or unenforceable term or condition had not been
contained herein. The Parties acknowledge that each had the opportunity to consult with legal
counsel of their choosing regarding the negotiation and preparation of this Lease; therefore, if any
provision of this Lease requires judicial interpretation, the court interpreting or construing such
provision shall not construe it more strictly against either Party. The captions of this Lease are for
convenience only and do not in any way limit or alter the terms and conditions of this Lease.
Whenever in this Lease a singular word is used, it also shall include the plural wherever required
by the context and vice versa. All references in this Lease to periods of days shall be construed to
refer to calendar days, not business days, unless business days are specified.
15.10. Force Majeure. Notwithstanding anything to the contrary set forth herein, if
Landlord or Tenant is delayed in, or prevented from observing or performing any of its obligations
hereunder (other than the payment of any amount of money due hereunder) as the result of: (a) an
act or omission of the other Party; or (b) any other cause that is not within the control of the delayed
or prevented Party (including, without limitation, inclement weather, the unavailability of materials,
equipment, services or labor, and utility or energy shortages or acts or omissions of public utility
providers); then: (A) such observation or performance shall be excused for the period of the delay;
and (B) any deadlines for observation or performance shall be extended for the same period.
15.11. Counterparts. This Lease may be executed in separate counterparts, each of which
when so executed shall be an original, but all of which together shall constitute but one and the
same instrument.
15.12. Successors and Assigns. Except as otherwise expressly provided herein, this Lease,
and all of the terms and conditions hereof, shall inure to the benefit of, and be binding upon, the
respective heirs, executors, administrators, successors, and assigns of Landlord and Tenant. All
indemnities set forth herein shall survive the Termination Date.
15.13. Authority. Each person executing this Lease represents and warrants that: (a)
he or she has been authorized to execute and deliver this Lease by the entity for which he or she
is signing; and (b) this Lease is the valid and binding agreement of such entity, enforceable in
accordance with its terms.
15.14. Exculpation. If there is a breach or default by Landlord under this Lease,
Tenant shall look solely to the equity interest of Landlord in the Premises and any rentals
derived therefrom; provided that in no event shall any judgment be sought or obtained against
any individual person or entity comprising Landlord.
15.15. Equal Opportunity Obligation. Tenant agrees not to (1) discriminate against
any employee or applicant for employment, to be employed by Tenant with respect to his or her
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of his or her race, color, religion, sex, handicap, national origin,
or ancestry, or (2) violate the City of South Bend Human Rights Ordinance. Pursuant to the
policy of the City's Inclusive Procurement and Contracting Plan, Tenant agrees to identify and
do business with qualified and available minority business enterprises whenever possible.
15.16. Anti-Collusion Requirement. By executing this Lease, Tenant certifies that
it has not, nor has any member, employer, representative or agent of its firm, directly or
indirectly, entered into or offered to enter into any combination, collusion, or agreement to
receive or pay, that it has not received nor paid any sum of money or other consideration for
the negotiation and execution of this Lease other than that which is set out herein.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of
the dates written below.
"LANDLORD"
CITY OF SOUTH BEND, INDIANA,
DEPARTMENT OF REDEVELOPMENT
by and through the South Bend
Redevelopment Commission
David Relos, Vice President
ATTEST:
Gillian Shaw, Commissioner
Date: _______________________
“TENANT”
SOUTH BEND BIKE GARAGE,
An Indiana Nonprofit Corporation
_______________________________
By: Steven Burnside
_____________________________________
Its: President
Date:_____________________
April 9, 2026
STATE OF INDIANA )
) SS.
COUNTY OF ST. JOSEPH )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby
certify that ___________________________, the ______________________________ of CITY
OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT, acting by and through the
SOUTH BEND DEVELOPMENT COMMISSION (“Landlord”), who is personally known to
me to be the same person whose name is subscribed to the foregoing instrument as such
___________________, appeared before me this day in person and acknowledged that he/she
signed and delivered the said instrument as his/her own free and voluntary act and as the free and
voluntary act as the __________________________ of the Landlord, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal, this ____ day of __________________, 2026.
Notary Public
(SEAL)
My Commission Expires:
EXHIBIT A
Legal Description of Property
Lots 289, 290 & 291 Original Plat Town of South Bend & S 1/2 Vac Alley 01-02 Alley Vac
Ord 9159-00
EXHIBIT B
Description of Premises
Approximately 5,000 square feet of commercial space on the ground floor, all of which is
within the Building commonly referred to as 119 W Wayne Street.
South Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
R e d e v e l opment Commission Agenda It em
DATE : April 3, 2026
FROM: Joseph Molnar,
Deputy Director of Community Investment
SUBJECT: Budget Request for RDC Property
Improvements
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: Budget request to provide funds for improvements of RDC owned properties
SPECIFICS: The RDC is the owner of several buildings within the River West TIF which have active leases.
Those buildings include the Leighton Building, Union Station, and the Main/Wayne Parking Garage. The
requested budget of $50k would be to provide improvements to those buildings over the course of 2026
to ensure the leased spaces are safe and secure. These funds are needed for the RDC to meet its
obligations as a lessor in those agreements as well as enhancing local public improvements. All funds
would be expended in RDC-owned buildings with active tenants. Improvements will include such items as
improved ADA accessibility and restroom facilities.
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 : April 3, 2026
FROM: Joseph Molnar,
Deputy Director of Community Investment
SUBJECT: Westside Greenway Budget Request
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: $50,000 Budget Request to support the Westside Greenway Community
Foundation Grant
SPECIFICS: The South Bend Greenway Conservancy is a registered 501(c)3 non-profit organization
dedicated to bringing more accessible parks and green space to the Near Westside Neighborhood. The
Greenway idea emerged during community planning meetings as part of the neighborhood development
plan, finalized in 2022. The final vision of the Greenway Conservancy is to create and maintain a walkable
linear park and cultural trail connecting existing institutions and green spaces throughout the west side.
This long-term vision is in collaboration with multiple neighborhood institutions and partners. The current
plan is to phase in implementation of the greenway starting in the northern sections of the neighborhood
near City Cemetery.
The Greenway Conservancy applied for and was granted a Community Foundation of St. Joseph County
Grant Award to help fund the norther portion of the greenway. This $50,000 Budget Request will help
match those funds to begin work on portions of the northern section of the greenway project. This
northern project will also intersect with the newly approved West Washington Mid-Block Pedestrian
Crossing which the RDC approved funding for on March 26, 2026.
Improvements from this budget request will primarily take place on the privately owned lots adjacent to
the planned trail. This funding matches the intent of one of the South Bend Pokagon Fund’s initiatives
broadly aimed at the improvement of educational opportunities. The newly created greenway will provide
educational opportunities for the community to learn more about native plantings, the intersection of
infrastructure and the environment, as well as a source of mutual community engagement.
Staff recommends approval.
______________ ___________Pres/V-Pres
ATTEST: __________ ________Secretary
Date: _____________ _______
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION