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Home My WebLink About06-08-2026 FINAL Agenda PacketOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Veronica Pitt-Payne CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, JUNE 4, 2026 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, June 8, 2026: Council Chambers 3rd Floor City Hall 215 S. Dr. Martin Luther King Jr. Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/060826CC 6:40 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, GOODEN-RODGERS 1.Bill No. 28-26 - Alley Vacation for Property Located at 718 and 710 Napoleon Street Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Public Works & Property Vacation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2.Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR VIRTUAL ATTENDEES Virtual attendees wishing to speak during the public portion of the meeting must activate their camera, displaying the speaker, to be recognized by the Chair. NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, June 8, 2026 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 3rd floor of the South Bend City Hall, 215 South Dr. Martin Luther King Jr. Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC060826 1. INVOCATION PASTOR CARL HETLER | IMMANUEL SOUTH BEND UNITED METHODIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES MAY 26, 2026 5. SPECIAL BUSINESS REPARATORY JUSTICE COMMISSION – FINAL REPORT PRESENTATION 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 28-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERN 3.7 FEET OF NAPOLEON STREET BETWEEN ST. LOUIS BOULEVARD AND ST. PETER STREET 2 8. BILLS ON THIRD READING TIME:______ BILL NO. 28-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERN 3.7 FEET OF NAPOLEON STREET BETWEEN ST. LOUIS BOULEVARD AND ST. PETER STREET 9. RESOLUTIONS 10. BILLS ON FIRST READING BILL NO. 29-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4101 SREET MAIN STREET AND 4115 SOUTH MAIN STREET COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 30-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 223 SOUTH SCOTT STREET, 227 SOUTH SCOTT STREET, 705 WEST WAYNE STREET, 711 WEST WAYNE STREET, 713 WEST WAYNE STREET, 717 WEST WAYNE STREET, 723 WEST WAYNE STREET, 725 WEST WAYNE STREET, 729 WEST WAYNE STREET, AND 710 HOOSE COURT (PARCEL IDs: 018-8154- 5549, 018-8154-5550, 018-8154-5563, 018-8154-5556) COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 31-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PAYMENTS IN LIEU OF TAXES FOR WESTERN AVENUE I, LLC 32-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT COAL LINE TRAIL 1241 RIVERSIDE PARCEL ID# 018-1094-3937 COUNCILMANIC DISTRICT NO. 1, 2, AND 4 IN THE CITY OF SOUTH BEND, INDIANA 33-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2026 OF $32,358 FROM THE GENERAL FUND (#101), $75,410 FROM THE PARKS AND RECREATION FUND (#201), $70,000 FROM THE MOTOR VEHICLES HIGHWAY FUND (#202), $360,000 FROM THE COMMUNITY INVESTMENT OPERATING FUND (#211), $7,034,537 FROM THE COMMUNITY INVESTMENTS GRANTS FUND 3 (#212), $767,050 FROM THE GIFT, DONATION, BEQUEST FUND (#217), $37,000 FROM THE UNSAFE BUILDING FUND (#219), $100,000 FROM THE LOSS RECOVERY FUND (#227), $122,500 FROM THE CODE ENFORCEMTN FUND (#230), $1,000,000 FROM THE LOCAL ROADS & STREET FUND (#251), $79,443 FROM THE IT/INNOVATION/311 CALL CENTER FUND (#279), $80,000 FROM THE INDIANA RIVER RESCUE FUND (#291), $1,600,000 FROM THE LOCAL INCOME TAX – ECONOMIC DEVELOPMENT FUND (#408), $255,000 FROM THE WATER WORKS OPERATIONS FUND (#620), $994,620 FROM THE WATER WORKS CAPITAL FUND (#622), $420,000 FROM THE SEWAGE WORKS OPERATIONS FUND (#641) 34-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2026 35-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 11233-25, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2026, TO INCREASE SALARIES OF CERTAIN POSITIONS WITHIN THE HUMAN RIGHTS COMMISSION, VENUES PARKS & ARTS, AND PUBLIC WORKS DEPARTMENTS 36-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PAYMENTS IN LIEU OF TAXES FOR BEACON APARTMENTS PRESERVATION LLC 37-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A DIRECT LOAN TO THE DEVELOPER OF AN ECONOMIC DEVELOPMENT FACILITY (BEACON HEIGHTS PROJECT) AND APPROVING OTHER MATTERS IN CONNECTION THEREWITH 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ 4 NOTICE FOR VIRTUAL ATTENDEES Virtual attendees wishing to speak during the public portion of the meeting must activate their camera, displaying the speaker, to be recognized by the Chair. NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2026 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-02-2026) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Karen L. White, Chairperson Sheila Niezgodski, Member Ophelia Gooden-Rodgers, Vice-Chairperson Sherry Bolden-Simpson, Member Thomas Gryp, Citizen Member Kevin Upton, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Dr. Heidi Beidinger, Member Karen L. White, Vice-Chairperson Sheila Niezgodski, Member Sherry Bolden-Simpson, Member Alice Pickens, Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Canneth Lee, Member Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Dr. Heidi Beidinger, Member Sharon McBride, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Brittney Erp, Citizen Member Savino Rivera Jr., Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE - Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Dr. Heidi Beidinger, Member Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member Sharon McBride, Member Maria Gibbs, Citizen Member Joshua Walters, Citizen Member PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Frances Schmuhl, Citizen Member Aaron Nichols, Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Ophelia Gooden-Rodgers, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Caz Margenau, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Ophelia Gooden-Rodgers, Chairperson Dr. Heidi Beidinger, Member Sheila Niezgodski, Vice-Chairperson Dr. Oliver Davis, Member Abel Gonzalez, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Sherry Bolden-Simpson, Member Angela Smith, Citizen Member Jessie Whitaker, Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member Rachel Tomas Morgan, Vice-Chairperson Ophelia Gooden-Rodgers, Member Dr. Oliver Davis, Member Sharon McBride, Member Joseph Mayer, Citizen Member Doris McEwen, Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Dr. Heidi Beidinger, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Kesha Farlow, Citizen Member Stacey Odom, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Rachel Tomas Morgan, Member Sherry Bolden-Simpson, Member 2026 COMMON COUNCIL STANDING COMMITTEES (Rev.06-02-2026) CANNETH LEE, 1st District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Committee of the Whole, Chairperson Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Chairperson Community Investment Committee, Vice-Chairperson Council Rules Committee, Member PARC Committee, Member Personnel & Finance Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Health & Public Safety Committee, Vice-Chairperson Information & Technology Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member HEIDI BEIDINGER, 4th District Council Member Community Relations Committee, Member Health & Public Safety Committee, Member Information & Technology Committee, Member Public Works & Property Vacation Committee, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5th District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology Committee, Vice-Chairperson Community Investment Committee, Member PARC Committee, Member Residential Neighborhoods Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6th District Council Member Vice-President Personnel & Finance Committee, Chairperson Community Relations Committee, Member Community Investment Committee, Member Council Rules Committee, Member Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Residential Neighborhoods Committee, Vice-Chairperson DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Health & Public Safety Committee, Member Information & Technology Committee, Member Utilities Committee, Member Public Works & Property Vacation Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Utilities, Vice-Chairperson Zoning & Annexation Committee, Vice-Chairperson Sub-Committee on Minutes, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Community Relations Committee, Vice-Chairperson Community Investment Committee, Chairperson PARC Committee, Vice-Chairperson Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Filed in Clerk's Office May 18, 2026 May 1, 2026 South Bend Common Council Bianca Tirado 300 City Hall City Clerk, South Bend, IN 215 S.Martin Luther King,Jr. Blvd South Bend,Indiana 46601 Dear Members of the South Bend Common Council, 1 We respectfully submit this request for the Common Council's consideration and acceptance of an ordinance vacating 3.7'of public right-of-way located at 710& 718 Napoleon St.The requested right-of-way vacation supports plans to subdivide our lot at 718 Napoleon St.into a corner lot with a home facing St.Peter St.and a lot with a home facing Napoleon St. Construction of two zoning compliant,single-family homes would commence upon completion of all required permitting.The right-of-way vacation would increase the 718 Napoleon St. lot size by approximately 6%to facilitate the subdivision of the lot into two lots that each accommodate a newly constructed home. The community benefits of this project include: The replacement of a rental home at the end of its useful life with two new owner- occupied homes for full-time residents and ongoing members of the South Bend community,including ourselves and another local family seeking to live near downtown and Notre Dame. A new sidewalk along 718 Napoleon St. Replacement of the existing non-ADA compliant curbs with ADA accessible ramps on Napoleon St.,both at the corner at St. Peter St. (our property)and the corner at St. Louis Blvd.(the neighboring church's property). Replacement of the older and heaving sidewalk all along St.Peter St. Required exhibits,legal descriptions and supporting documentation are included for your review. Thank you for your time and consideration of this request. Please do not hesitate to contact us should additional information be required. We appreciate the Council's service to the City of South Bend and its residents. Re ectfully submitted, ii( David J. udwig Jennifer L. Ludwig 15700 Lake Forest Ct. Granger,IN 46530 574)386-2563 28-26 Filed in Clerk's Office May 18, 2026 BILL NO. 28-26 Bianca I uado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERN 3.7 FEET OF NAPOLEON STREET BETWEEN ST.LOUIS BOULEVARD AND ST. PETER STREET STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in order to subdivide the lot located at 718 Napoleon St. into one corner lot facing St. Peter St. and one lot facing Napoleon St., create a tree lawn more consistent with neighboring parcels, and create lots which each accommodate a new home. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City.The following Ordinances vacates the above-described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The southern 3.7 feet of Napoleon Street between St. Louis Boulevard and St. Peter Street, more particularly described as set forth in Exhibit A. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: 718 Napoleon Street—Parcel ID 018-5104-3617 710 Napoleon Street-Parcel ID 018-5104-360301 SECTION IV. The purpose of the vacation of the real property is to subdivide the lot located at 718 Napoleon St. into one corner lot facing St. Peter St. and one lot facing Napoleon 1 St., create a tree lawn more consistent with neighboring parcels, and create lots which each accommodate a new home. SECTION V. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2026. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller,Mayor City of South Bend,Indiana 2 OAPr°jetts12025125-0559 Ludwig Minor Subdi,,on\10 SURVEVMIB CADMMSEV5.0559 easement cow vacationOm;24 36.5/12/202619828 PM...901(144.5).1:1 0 -n,c.ty IQLncn0 0 V V C toO m 3 A A 3 V 3 caN N a . 17 0 o 8) s gZnmaHLot60, Sorin's Lot 66, Sorin's n g71 r A 2nd Addtn. 2nd Addtn. O 3 8-10 P.B. 1 Pg. 10I P.B. 1 Pg. 10 P. 0 o m PPy 0 o OGP.o 03 D a. z r-c W I- _ - h DD mnnjKr 1 y m q O< I GlD Oo n I Lot 59, Sorin's N Lot 65, Sorin's p 9 Ni n m co• o 0 2nd Addtn.I 2nd Addtn. N i F. o 731J- dim P.B. 1 Pg. 10 P.B. 1 Pg. 10 I PO C7 589°25' 29"W 171.85' 589°46'35"W 172. 63' E" T 1G i n v V` I Dt 29 1 N89°46'35"E 172.63'N89°25'29"E 171.85' rnO O^ A II - KV' O D D 0 D = N 7 n o s`s L. NAPOLEON STREET(82.5' R/W) n 5 o o A Dzs Ozf D G i.O Z-n v K D O z w r., LT''z z N o rn cic10 O O 0 r D ry aaf3 oDp 5 Z LvJ La lwl fn c.- yp= 0 = w -O S T=r 4 7 O ZG c7 n oT = A A N O O O 0 O T ry p O p 0 0 v x A o 0 o p n fV S.O 0 Cr A N N N rn o)a p µ7< 3 p N Z (l R V v V , L p 1 m 0 0 D' 5 O O. O O m Z d rn * i F n ti 6SS0-SZ 'ON 9Of RIGHT-OF-WAY VACATION ALONG LOT 59, SORIN'S 2ND ADDITION A TRACT OF LAND BEING IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8-INCH IRON PIPE AT THE NORTHEAST CORNER OF LOT 59 OF SORIN'S SECOND ADDITION, RECORDED IN PLAT BOOK 1, PAGE 10 OF THE RECORDER'S OFFICE OF SAID COUNTY AND STATE; THENCE SOUTH 89 DEGREES 25 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 59, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, AND CONTINUING ALONG SAID RIGHT-OF-WAY LINE ACROSS A VACATED 14-FOOT ALLEY RUNNING NORTH-SOUTH AND BEING ADJACENT TO THE WEST LINE OF SAID LOT 59, 171.85 FEET TO A FOUND 3/4-INCH IRON PIPE ON THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE CENTERLINE OF THE SAID VACATED ALLEY; THENCE NORTH 00 DEGREES 27 MINUTES 46 SECONDS WEST ALONG THE NORTHERLY EXTENSION OF THE CENTERLINE OF SAID VACATED ALLEY, 3.70 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 29 SECONDS EAST PARALLEL TO THE NORTH LINE OF SAID LOT 59 AND SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, 171.85 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LOT LINE OF LOT 59, AND THE WEST RIGHT-OF-WAY LINE OF ST. PETER STREET; THENCE SOUTH 00 DEGREES 27 MINUTES 46 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 59 AND THE WEST RIGHT-OF-WAY LINE OF ST. PETER STREET, 3.70 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 ACRES, MORE OR LESS. 0:\PROJECTS\2025\25-0559 LUDWIG MINOR SUBDIVISION\10 SURVEY\17 LEGALS AND REPORTS\ROW VACATION LOT 59 LEGAL.DOCX RIGHT-OF-WAY VACATION ALONG LOT 65, SORIN'S 2ND ADDITION A TRACT OF LAND BEING IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/ 8-INCH IRON PIPE AT THE NORTHWEST CORNER OF LOT 65 OF SORIN'S SECOND ADDITION, RECORDED IN PLAT BOOK 1, PAGE 10 OF THE RECORDER'S OFFICE OF SAID COUNTY AND STATE; THENCE NORTH 00 DEGREES 27 MINUTES 46 SECONDS WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 65 AND THE EAST RIGHT-OF-WAY LINE OF ST. LOUIS STREET, 3.70 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 35 SECONDS EAST PARALLEL TO THE NORTH LINE OF SAID LOT 65 AND THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, 172.63 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE CENTERLINE OF A VACATED 14- FOOT ALLEY RUNNING NORTH AND SOUTH ADJACENT TO THE EAST LINE OF SAID LOT 65; THENCE SOUTH 00 DEGREES 27 MINUTES 46 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF SAID CENTERLINE OF THE VACATED ALLEY, 3.70 FEET TO A FOUND 3/4-INCH IRON PIPE AT THE INTERSECTION OF SAID CENTERLINE OF THE VACATED ALLEY AND THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET; THENCE SOUTH 89 DEGREES 46 MINUTES 35 SECONDS WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE NORTH LINE OF SAID LOT 65, 172.63 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 ACRES, MORE OR LESS. 0:\PROJECTS\2025\25-0559 LUDWIG MINOR SUBDIVISION\10 SURVEY\17 LEGALS AND REPORTS\ROW VACATION LOT 65 LEGAL.DOCX 1 C 111N...1 0 4 °- ''k,APOLEON gi? i i .... k 018-5104 ISM 1 2426 ai 18-5104[ i:-' , I,14 ---,,,•-zLi ilk _ , _,. _ ,,, y. i IL' r l 0 018-510. 11111 mumnimminimmiimiii gY IN._' u,-16,?1.15:4)/I 7Irr 018-51'23-4372' 018-51.23-4373 018-51234375siri 018-51b23-4376 Oif 1114392 4I12', l gr L-s.4 0A-51,23-4359 nivairi.04.8-51.23-43W 46.6314.C`18J513j55 511 NAPOLEONS 4' 018 IV 018-51,4-361.7 41, f 018-551104-3634 '4 a018-5104-3618 ;L. 1 Ar ' , 1 - - -- 111----._ ,'-'14-r---- 7• - 018-5104-3636 a i . 4 , y. t.' f • ` 5 A iillitaiiii 018 5104- iiiitill!iL-a. % r 4 ,, ••-018 5104 363901 4 4,1 r W l a Y CITY OF SOUTH BEND BOARD OF PUBLIC WORKS April 28,2026 Filed in Clerk's Office May 18, 2026 Mr.&Mrs. Dave and Jennifer Ludwig I3ianca Tirado 718 Napoleon Street City Clerk. South Bend, IN South Bend, IN 46617 dluciwig@nd.edu RE: Right of Way- 710&718 Napoleon St. (Preliminary Review) Dear Ludwigs, At its April 28, 2026 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this right-of-way. If you still wish to pursue this right-of-way vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building.Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the right-of-way vacation will affect your property taxes, please contact the Auditor's Office. ELIZABETH A.MARADIK I JOSEPH R.MOLNAR I MURRAY L.MILLER I BREANA N.MICOU I ABIGAIL E. MAGAS 215 S. Dr. Martin _utier King, Jr. Blvd.. Ste 400. South Bend, Indiana 46601 (574) 233-0311 southbendin.gov oyotlH4,,i7. y , PEACE. M\ If3fi5 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Sincerely, Is/Hillary Horvath Hillary Horvath,Clerk ELIZABETH A. MARADIK I JOSEPH R.MOLNAR I MURRAY L.MILLER I BREANA N. MICOU I ABIGAIL E.MAGAS 215 S. Dr. Martin ut1er King, Jr. Blvd., Ste 400, South Bend, Indiana 46601 (574)233-0311 I southbendin.gov va arc c, 'Z INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: February 13,2026 TO: Kyle Ludlow, Public Works Abigail Magas, Public Works Chris Dressel,Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Hillary Horvath,Clerk; PWengineering@southbendin.gov SUBJECT: REQUEST FOR RECOMMENDATIONS- ROW VACATION APPLICANT: David&Jennifer Ludwig LOCATION: The ROW Vacation covers 3.7'off the south end of Napoleon Street between St.Louis Blvd and St.Peter St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW,BASED ON THE FOLLOWING I.C.36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/ would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church,school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING:Favorable Recommendation-subject to sidewalk being entirely within newly established Right-of-Way and installation of ADA ramps. COMMUNITY INVESTMENT:Favorable Recommendation-subject to new sidewalk remaining to the south of the existing established trees and including installation of ADA ramps. FIRE:Favorable Recommendation POLICE: Favorable recommendation v. 2024-07-30 41111/4 STREET/ALLEY VACATION BPW APPLICATION G City of South Bend - Board of Public Works lit 215 S. Dr. Martin Luther King,Jr. Blvd µme_Suite#400 South Bend, IN 46601 Date: 2/13/26 Phone#: 574-631-6593 Name: David & Jennifer Ludwig E-mail: dludwig@nd.edu Property Address: 718 Napoleon St. (Ludwig's property) & 710 Napoleon St. (Holy Temple Church) Applicant property information: Residential Commercial Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St. Peter St and north of Howard St): The ROW Vacation covers 3.7' off the south end of Napoleon Street between St. Louis Blvd and St. Peter St. Describe the reason for the request, proposed use,and any changes made to the request following from preliminary review: The ROW Vacation staff report and packet was filed in person on 1/20/26 and emailed. The original vacation request was 15', thence modified to 8' and then this final application of 3.7' The request assures an appropriate buildable lot width of 70' (with the ROW vacation), a second lot, 2 new constructed owner occupied homes, a relcoated sidewalk over both properties with an alignment to the east sidewalk, tree replacement and sidewalk ramp upgrades for safety. The following MUST be attached to this application: 300 payment (check or money order) Preliminary review form with staff comments Office Use Only Fee Paid Date: 01/20/2026 Check/Money Order#: Ck#33068 BPW Recommendation: rl Favorable Not Favorable CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS z9f Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Murray L.Miller,Member Breana N.Micou,Member a.6144.1E'7717`.•P E At I_AtAlle-- Abigail E.Magas,Member Attest:Hillary R.Horvath,Clerk Date: April 28,2026 This application expires 90 days from the BPW meeting date,which is July 27,2026 710 NAPOLEAN name_1 mailingadd mailingcit mailingsta mailingzip MILLER JOSEPH B& JENNIFER L 1115 N Saint Peter St South Bend IN 46617 KLOSKA PROTECTION TRUST W KLOSKA ROBERT L&MARGARET M AS TRUSTEES W LIFE ESTATES 1121 N Saint Peter St South Bend IN 46617 BUFILL JOSE A 1121 N NOTRE DAME South Bend IN 46617 HOLY TEMPLE CHURCH OF GOD IN CHRIST INC 710 E Napolean St South Bend IN 46617 KYKENSKY PARTNERS LLC 15700 Lake Forest Ct Granger IN 46530 NOLAN DENIS AND CATHERINE 701 St Vincent South Bend IN 46617 718 NAPOLEAN name_i mailingadd mailingcit mailingsta mailingzip KLOSKA PROTECTION TRUST W KLOSKA ROBERT L&MARGARET M AS TRUSTEES W LIFE ESTATES 1121 N Saint Peter St South Bend IN 46617 BUFILL JOSE A 1121 N NOTRE DAME South Bend IN 46617 HOLY TEMPLE CHURCH OF GOD IN CHRIST INC 710 E Napolean St South Bend IN 46617 KYKENSKY PARTNERS LLC 15700 Lake Forest Ct Granger IN 46530 CONSERVATION PROPERTIES IND LLC PO Box 468 Ada MI 49301 STEDS LLC 335 Campus Dr Bluffton OH 45817 THISTLETHWAITE MARY AGNES 713 Napoleon St South Bend IN 46617 DARNELL HEDY L 721 Napoleon South Bend IN 46617 STEDS LLC 335 Campus Dr Bluffton OH 45817 v O Lf1 l1 Lll co I ilki; IMO O UIS BL VD q OUIS o Ult"1'1)=4)71' 018-5123-437 018 51•23 ,4373 1f 018-5123 4375 018-51,23-4376 ir e,, i a O1£ 123 4392 018-51'23-4391 WM 0i8-51*23-43 19 5T,Nye 03-51'23 43'37 4 Iv:. 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Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 6-27-05 Phone#: 574-386-2563 Dave & Jennifer Ludwig dludwig@nd.edu Name: Email: Property 710 & 718 Napoleon St., South Bend, IN 46617 Address: Applicant property information:Residential Commercial Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St): A 8' X 172.61' proposed right of way vacation south of Napoleon Street and east of St. Louis Blvd AND a 8' X 171.85' proposed right of way vacation south of Napoleon Street and west of S Is your property adjacent to the street/alley of interest? E Yes No Do any property owners currently access the street/alley? Yes No Is there a future property development plan associated with this request? Yes 0 No Describe the reason for this vacation request and proposed use: The project will have removal of the home at the SW corner of Napoleon & St. Peters Street, split the property into 2 lots, erect 2 new homes on the site, relocate the sidewalk further north towards the curb on Napoleon, reconstruct the curb ramp at the SW corner of Napoleon/St. Peter This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria.Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? E Yes No Is this the only midblock connection? Yes No Is the block length greater than 600'? Yes 0 No Will the vacation result in:dead end alley,interference with bike route,violations of Yes Q No minimum traffic safety standards? Are there public or private utilities in the alley? 0 Yes No Preliminary Staff Comments: Unfavorable Recommendation. The vacation would result in a relocated sidewalk. While consistent with the block immediately to the east,(St Peter to Notre Dame) that block has historically had a narrower tree lawn, preexisting the vacation request granted in 2019. IABONMARCHE Engineering•Architecture•Land Surveying RIGHT-OF-WAY VACATION LEGAL DESCRIPTION LOT 59 SORIN'S SECOND ADDITION LUDWIG PROPERTY- REQUEST 3.70' A TRACT OF LAND BEING IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8-INCH IRON PIPE AT THE NORTHEAST CORNER OF LOT 59 OF SORIN'S SECOND ADDITION, RECORDED IN PLAT BOOK 1, PAGE 10 OF THE RECORDER'S OFFICE OF SAID COUNTY AND STATE; THENCE SOUTH 89 DEGREES 25 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 59, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, AND CONTINUING ALONG SAID RIGHT-OF- WAY LINE ACROSS A VACATED 14-FOOT ALLEY RUNNING NORTH-SOUTH AND BEING ADJACENT TO THE WEST LINE OF SAID LOT 59, 171.86 FEET TO A FOUND 3/4-INCH IRON PIPE ON THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE CENTERLINE OF THE SAID VACATED ALLEY; THENCE NORTH 00 DEGREES 23 MINUTES 58 SECONDS WEST ALONG THE NORTHERLY EXTENSION OF THE CENTERLINE OF SAID VACATED ALLEY, 3.70 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 29 SECONDS EAST PARALLEL TO THE NORTH LINE OF SAID LOT 59 AND SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, 171.81 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LOT LINE OF LOT 59, AND THE WEST RIGHT-OF-WAY LINE OF ST. PETER STREET; THENCE SOUTH 00 DEGREES 34 MINUTES 31 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 59 AND THE WEST RIGHT-OF-WAY LINE OF ST. PETER STREET, 3.70 FEET TO THE POINT OF BEGINNING. RIGHT-OF-WAY VACATION LEGAL DESCRIPTION LOT 65 SORIN'S SECOND ADDITION LUDWIG PROPERTY- REQUEST 3.70' A TRACT OF LAND BEING IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8-INCH IRON PIPE AT THE NORTHWEST CORNER OF LOT 65 OF SORIN'S SECOND ADDITION, RECORDED IN PLAT BOOK 1, PAGE 10 OF THE RECORDER'S OFFICE OF SAID COUNTY AND STATE; THENCE NORTH 00 DEGREES 25 MINUTES 33 SECONDS WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 65 AND THE EAST RIGHT-OF-WAY LINE OF ST. LOUIS STREET, 3.70 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 35 SECONDS EAST PARALLEL TO THE NORTH LINE OF SAID LOT 65 AND THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, 172.63 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE CENTERLINE OF A VACATED 14-FOOT ALLEY RUNNING NORTH AND SOUTH ADJACENT TO THE EAST LINE OF SAID LOT 65; THENCE SOUTH 00 DEGREES 23 MINUTES 58 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF SAID CENTERLINE OF THE VACATED ALLEY, 3.70 FEET TO A FOUND 3/4-INCH IRON PIPE AT THE INTERSECTION OF SAID CENTERLINE OF THE VACATED ALLEY AND THE SOUTH RIGHT-OF- WAY LINE OF NAPOLEON STREET; THENCE SOUTH 89 DEGREES 46 MINUTES 35 SECONDS WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE NORTH LINE OF SAID LOT 65, 172.63 FEET TO THE POINT OF BEGINNING. 315 West Jefferson Boulevard,South Bend,IN 46601•574.232.8700 IABONMARCHE January 20, 2026 Attn: City of South Bend, Indiana Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, Indiana 46601 From: Chris Godlewski Abonmarche Consultants 315 West Jefferson Boulevard South Bend, Indiana 46601 C/O: Dave & Jennifer Ludwig (applicant) 718 Napoleon Street South Bend, Indiana 46617 Re: 710 & 718 Napoleon St. - Right of Way Vacation Dear South Bend Board of Public Works, The applicant has developed plans to subdivide their lot at 718 Napoleon St. into a corner lot with a home facing St. Peter St. and a lot with a home facing Napoleon St. Construction of zoning compliant, single-family homes would commence upon completion of all required permitting. Please see Attachment 1 - Site Drawings of the proposed lots and home footprints. Related to this planned development project please accept this updated request, along with the City Staff report, for a Right of Way (ROW) Vacation on Napoleon St. between St. Peter St. and St. Louis Boulevard. The proposed vacation is 3.70' in width and extends the length of the applicant's property at 718 Napoleon St. and the property of the adjoining church, Greater Holy Temple Church of God in Christ Inc. The purpose for this request is twofold: To relocate the Napoleon St. sidewalk such that the resultant tree lawn mimics the tree lawns immediately north and east of the property. To increase the 718 Napoleon St. lot size by approximately 6% to facilitate the subdivision of the lot into two lots that each accommodate a newly constructed home. The relocation of the sidewalk and ROW vacation have the combined effect of a more fitting and aesthetically pleasing sidewalk location in relation to the planned locations and footprints of the new homes. 315 West Jefferson Boulevard,South Bend,IN 46601 •574.232.8700 abonmarche.com The overall community benefits of this project include: The replacement of a rental home at the end of its useful life with two new homes that will be owned and occupied by full-time residents and ongoing members of the South Bend community who wish to live nearer to downtown and Notre Dame. A new sidewalk and renewed tree lawn area along Napoleon St., aligned with the recently renewed sidewalk and tree lawn east of the property on the south side of Napoleon. Replacement of the existing ADA non-compliant curbs with ADA accessible ramps on Napoleon St., both at the corner at St. Peter St. (the applicant's property) and the corner at St. Louis Blvd. (the church's property). Replacement of the old and heaving sidewalk all along the applicant's frontage on St. Peter St. All expenses, including the new tree lawn, new sidewalks, and ADA ramps will be funded by the applicant for the Ludwig and church properties. The staff has provided a recommendation with concern, and a continued review by the Ludwig's and their home builder & engineer, concluded an additional reduction of the ROW ask to 3.7' fits a better aesthetic and lot size for the home development. Continuation of this petition incorporates feedback from City officials, also representation from the Northeast Neighborhood Revitalization Organization and the Northeast Neighborhood Community association, as well as the University of Notre Dame. Please see the attached letter of support from Mr. Greg Hakenan. In addition to the community benefits, we note the history of recent ROW vacations along Napoleon St., as shown in Attachment 2 - Area Right of Way Vacations. The request to vacate the ROW along the entire length of the block has to do with aligning the two homes on the property in a manner that can fit both two street frontages, maintaining an appropriate distance to a proposed public sidewalk, improving the sidewalk accessibility where two new ADA curb ramps will exist on St. Louis Blvd. and St. Peter St., providing for a new manicured tree lawn with approved South Bend trees, and generally creating a clean aesthetic streetscape. The proposed sidewalk is suggested to move 8' closer to the curb on Napoleon and properly align with the tree lawn size/sidewalk placement to the north and the east. A consideration like this is common in this neighborhood to realign the public space to fit current development patterns and use of the Right of Way. The regulatory review looks at right of way vacation in terms of aesthetics and appeal, assures this does not hinder or diminish access to either of the properties in any way and each parcel enjoys full access to dedicated streets, does not hinder the public's access to a church, school or other public building and does not hinder a public way and allows vehicle, pedestrian, and bike traffic to continue. O:\Projects\2025\25.0559 Ludwig Minor Subdivision\05 PERMITS F.APPROVALS\vocation Application\Updafred_Ludwig Vocation_drafldocx This vacation does not hinder the order growth of the neighborhood and matches existing ROW location and sidewalk placement and will be harmonious in aesthetics and appeal. This ROW vacation does not hinder or diminish access to either of the properties in any way, and each parcel enjoys full access to dedicated streets. This ROW vacation does not hinder the public's access to a church, school or other public building as current access is maintained and does not restrict any additional access points. The vacation does not hinder a public way and allows vehicle, pedestrian, and bike traffic to continue, and improves the crosswalk and makes it more accessible to mobility-impaired users. Additional ease of travel will occur with the tree lawn replacement and increased quality and accessibility of a new sidewalk. We ask that this petition be reviewed, and we respectfully request a favorable recommendation from the board of public works for consideration. Best Regards, Chris Godlewski c/o Dave and Jennifer Ludwig O:\Projects\2025\25-0559 Ludwig Minor Subdivision\05 PERMIA 8 APPROVALS\Vacation Application\Updatred Ludwig Vacation_dratt.docc III cfr, . !1 I i. - , . g! . I Ad tt• 0.....'..m...... iii k.-.- urn-, 4irrrtfr", i rfl,,j,ettlyiriS r, 3113 as 10 VMS Wet C103:41. 0 S 8,,,WIEW4,:= t•:,:t ..1',:t. ! 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', , 4.-14,-..II - ' • ItifiC 11 Ij‘ -'4.,.,4,4 ' '•••••..'i-- 4 alr,,,.....44,....7 =-- le- ' r-i 1 . r "' 1 Fir,........: - ri ii•-•,, 'IA ,..- .• . ,11 2,--, 1 .L. _.-- _ _ i,„ ss- i AL._ - •--' - '• -J tl ..‘ ..r : le 11 l':'t •L'' .,,,;.`': Pr • 4 AI 7.---, , H '1 1.• 13- ,_.,_„,"__ ! . -''' ...r.ir2. • - • va 1 r-, ., •rr a! I ,„I 4,_____11., 4' 1i444,7,•-_-- ' :1 ,• -'4--• -• '• „Tyr. - ..rr, Y.( k'‘, ' . - :., ' I.4 vil,41.t 7 ,:%2 b. . 'if-- --.-I 7-7-2-+Fl-.- I:j_ II A Date Printed:6/9/2025 Map Generated By:Public Coordinate grid is based on Indiana East Slate Plane Coordinate System 1983 North American Datum 4111/1111110 Information shown on this map is not warranted for accuracy or merchantability.Reproduction or distribution of this material is not authorized without the express written permission of MACOG. Greg Hakanen 51801 Waterford Green Drive Granger, Indiana 46530 574) 850-3981 January 16, 2026 Board of Public Works South Bend City Hall 215 S. Dr. Martin Luther King Jr. Blvd. South Bend, Indiana 46601 Re: Support for Vacation Petition for 710 & 718 Napoleon Street To the Members of the Board: I am writing in support of the petition by Dave and Jennifer Ludwig for 1)vacation of 3.7 feet of City right-of-way along Napoleon Street and 2) relocation of the existing sidewalk on the south side of Napoleon between St. Peter Street and St. Louis Blvd. I write as a private citizen with a great deal of experience in the physical transformation that has taken place in the Northeast Neighborhood over the last 20+years: I served as the University of Notre Dame's Director of Northeast Neighborhood Redevelopment from June 2004 until September 2019. In that capacity I represented the University in the development of Eddy Street Commons, oversaw the Notre Dame Avenue Housing Program, and represented the University and the NNRO in the redevelopment of The Triangle. From 2004 to 2019 I was one of Notre Dame's two voting representatives to the Northeast Neighborhood Revitalization Organization. I continue to serve the NNRO as a volunteer member of the Board of Directors and the Executive Committee. In one capacity or another, my entire focus for the last 21 years has been the thoughtful, environmentally-sensitive, high-quality redevelopment of the Northeast Neighborhood. Dave and Jennifer have shared with me their plans to build two homes on what is currently a single lot at 718 Napoleon Street. To accomplish this, they are requesting that the City 1) vacate a small (3. 7 feet) strip of right-of-way on the south side of Napoleon and 2) allow them to rebuild/relocate the Napoleon/St. Peter sidewalk. Based on my experience in the neighborhood, I believe that this request is consistent with long-established revitalization objectives in the Northeast Neighborhood (NEN): It replaces a single old rental property with twohigh-quality, owner-occupied homes. Promoting owner-occupied homes has been central to the collective mission in the NEN since I arrived in 2004.The initial problem was the existence of student rentals in what had originally been family homes, negatively affecting quality of life for family residents. As the neighborhood improved, it became attractive to out-of-town Notre Dame alumni/ae to buy/build "football houses," residences that are only occupied on football weekends and other limited times during the year, which can lead to a vacant, lifeless neighborhood. The proposed homes will be occupied by two families that have long standing in South Bend and who intend to remain in residence for many years to come. This not only displaces a rental property but modestly enhances housing density in the NEN. Building the two proposed homes on this site legitimately requires some flex on the part of the City. The requested changes improve,rather than detract from,the physical environment. The Ludwigs have proposed to replace at their own cost the existing sidewalks along Napoleon and St. Peter. Both sidewalks are deteriorated and will benefit visually and functionally by new construction. In addition, the Napoleon sidewalk does not align where it crosses St. Peter, and relocation will align those sidewalk segments. To their credit, the Ludwigs have reached out to secure the cooperation of the church to the west and will cover the cost of construction for that portion of sidewalk as well. Finally, new construction will allow for ADA-compliant curb cuts at both St. Peter and St. Louis. For the above reasons, I support the Ludwig's petition. Sincerely, 2.4 Greg Hakanen IABONMARCHE 315 W.Jefferson Blvd.Benton Harbor Goshen South Bend,IN 46601 Grand Haven Hobart T 574.232.8700 Grand Rapids Lafayette F 574.251.4440 Kalamazoo South Bend abonmarche.com Fort Wayne Valparaiso Engineering•Architecture•Land Surveying LOT 59, SORIN'S SECOND ADDITION SECTION 1,TOWNSHIP 37 NORTH,RANGE 2 EAST, PORTAGE TOWNSHIP,ST.JOSEPH COUNTY, INDIANA CURRENT SITE 11,385 SQ.FT. 0.26 ACRES) NAPOLEON 82.5' R/W N89°25'29"E 171.85'(m)172.00'(r) g 10'MIN.CORNER SETBACK _ g 3 Y .O \ O U U QC l 25'MAX.CORNER SETBACK m E -It) o oj N GI I- IZ el co 0agVO W4II 0I z o 3 d st NI* CIN n N N N 00 Z 5'SIDE SETBACK z S89°27'29"W 171.85'(m)172.00'(r) PROPOSED SITE 1 a NAPOLEON 82.5' R/W e F. oF. PROPOSED 74.5' R/W) 1 N89°25'29"E 171.85'(m)172.00'(r) S PROPOSED 8'RIGHT OF WAY VACANCY l_.___ 57.52' 1 14.34' N Kr MIN.CORNER JtltsAt..K I r 5.0' 15'FRONT MIN.SETBACK. ' 15.0' g a 0 ag d u 25'FRONT MAR SFrRArb: U 25'MAX.CORNER SETBACK U in m U Im —'(' ; N 11-i IX coI v cwWVHzl1 6 O O L _— _ Z Z I O di N Z N 20'REAR SETBACK O o l l z y o a rn to 5'SIDE SETBACK 1 57. 50' 114.35' I.i S89°27'29"W 171.85'(m)172.00'(r) f i 0 15 30 Ca 1 O i SCALE:1"=30' BAR SCALE IN FEET N F? tri 5 DRAWING FOR: BUILDING PERMITS ONLY DATE OF FIELDWORK:DATE: 12/18/2025 N i PREPARED FOR: CAPSTONE y d t FIELDBOOK:ZONING: RESIDENTIAL g REVIEWED BY: d DRAWN BY: EMR SCALE: 1"=30' SHEET 1 OF 1 COPYRIGHT 2025-ABONMARCHECONSuLW4IS.WC. v.2024-07-30 STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 80 South Bend, IN 46601 Date: 06/27/2025 Phone#: 574-386-2563 Dave & Jennifer Ludwig dludwig@nd.edu Name: Email: Property 710 & 718 Napoleon St., South Bend, IN 46617 Address: Applicant property information:El Residential Commercial Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St): A 15' X 172.61' proposed right of way vacation south of Napoleon Street and east of St. Louis Blvd AND a 15' X 171.85' proposed right of way vacation south of Napoleon Street and west of St. Peters Street. Is your property adjacent to the street/alley of interest? 0 Yes No Do any property owners currently access the street/alley? Yes No Is there a future property development plan associated with this request? E Yes No Describe the reason for this vacation request and proposed use: The project will have removal of the home at the SW corner of Napoleon & St. Peters Street, split the property into 2 lots, erect 2 new homes on the site, relocate the sidewalk further north towards the curb on Napoleon, reconstruct the curb ramp at the SW corner of Napoleon/St. Peter Street and redo tree lawn with new tree plantings/lawn. This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria. Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? Yes No Is this the only midblock connection? 0 Yes No Is the block length greater than 600'? i Yes No Will the vacation result in:dead end alley,interference with bike route,violations of Yes No minimum traffic safety standards? Are there public or private utilities in the alley? Yes 0 No Preliminary Staff Comments: Unfavorable reccomendation. The proposal to relocate the sidewalk and narrowed tree lawn will reduce opportunties for mature street trees and although it does match the neighboring block to the east, the majority of the blocks to the west have the same width of tree lawn. v.2024-07-30 6,, STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 6-27-05 Phone x: 574-386-2563 Dave & Jennifer Ludwig dludwig@nd.edu Name: Email: Property 710 & 718 Napoleon St., South Bend, IN 46617 Address: Applicant property information:Residential Commercial Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St): A 15' X 172.61' proposed right of way vacation south of Napoleon Street and east of St. Louis Blvd AND a 15' X 171.85' proposed right of way vacation south of Napoleon Street and west of S Is your property adjacent to the street/alley of interest? Yes No Do any property owners currently access the street/alley? Yes No Is there a future property development plan associated with this request? Yes E No Describe the reason for this vacation request and proposed use: The project will have removal of the home at the SW corner of Napoleon & St. Peters Street, split the property into 2 lots, erect 2 new homes on the site, relocate the sidewalk further north towards the curb on Napoleon, reconstruct the curb ramp at the SW corner of Napoleon/St. Peter This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria. Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? i Yes No Is this the only midblock connection? Yes No Is the block length greater than 600'? Yes 0 No Will the vacation result in:dead end alley,interference with bike route,violations of Yes ' No minimum traffic safety standards? Are there public or private utilities in the alley? i Yes No Preliminary Staff Comments: Unfavorable Recommendation. The vacation would result in a relocated sidewalk. While consistent with the block immediately to the east,(St Peter to Notre Dame) that block has historically had a narrower tree lawn, preexisting the vacation request granted in 2019. IABONMARCHE June 27, 2025 Attn: City of South Bend, Indiana Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, Indiana 46601 From: Chris Godlewski Abonmarche Consultants 315 West Jefferson Boulevard South Bend, Indiana 46601 C/O: Dave & Jennifer Ludwig 718 Napoleon Boulevard South Bend, Indiana 46617 Re: 710 & 718 Napoleon Boulevard - Right of Way Vacation To whom it may concern, Please accept this application for a Right of Way (ROW) Vacation on Napoleon Street between St. Louis Boulevard and St. Peter Street. The proposed vacation is 15' in width and extends the length of the Ludwig's property and the adjoining church, Holy Temple Church of God in Christ Inc. The proposed vacation would mimic certain spacing on the north side of Napoleon Boulevard and would be matched to what is proposed and existing on the south side of Napoleon. The attached graphic shows two separate vacations immediately east of the Ludwig's property and would match the ROW line and sidewalk location, this development would create ADA ramps where they do not exist now and line up with adjoining sidewalks. The Ludwig's, are in regular communication with the church and have requested the church to accompany this petition and details for a joint application are herein located. This vacation does not hinder the order growth of the neighborhood and matches existing ROW location and sidewalk placement and will be harmonious in aesthetics and appeal. This ROW vacation does not hinder or diminish access to either of the properties in any way and each parcel enjoys full access to dedicated streets. This ROW vacation does not hinder the public's access to a church, school or other public building as current access is maintained and does not restrict any additional access points. The vacation does not hinder a public way and allows vehicle, pedestrian, and bike traffic to continue. Additional ease of travel will occur with the tree lawn replacement and increased quality and accessibility of a new sidewalk. We ask that this petition be reviewed and sent on with a favorable recommendation to the board of public works for consideration. Best Regards, Chris Godlewski c/o Dave and Jennifer Ludwig 315 West Jefferson Boulevard,South Bend,IN 46601 •574.232.8700 abonmarche.com v.2024-07-30 p STREET/ALLEY VACATION PRELIMINARY REVIEW 1,6 City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 6-27-05 Phone#: 574- 386-2563 Dave & Jennifer Ludwig Email: dludwig@nd.edu Name: Property 710 & 718 Napoleon St., South Bend, IN 46617 Address: Applicant property information: E Residential Commercial Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St): A 15' X 172.61' proposed right of way vacation south of Napoleon Street and east of St. Louis Blvd AND a 15' X 171.85' proposed right of way vacation south of Napoleon Street and west of S Is your property adjacent to the street/alley of interest? 0 Yes No Do any property owners currently access the street/alley? 0 Yes No Is there a future property development plan associated with this request? Yes ENo Describe the reason for this vacation request and proposed use: The project will have removal of the home at the SW corner of Napoleon & St. Peters Street, split the property into 2 lots, erect 2 new homes on the site, relocate the sidewalk further north towards the curb on Napoleon, reconstruct the curb ramp at the SW corner of Napoleon/St. Peter This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria.Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? i Yes No Is this the only midblock connection? Yes No Is the block length greater than 600'? Yes E No Will the vacation result in:dead end alley,interference with bike route,violations of Yes i No minimum traffic safety standards? Are there public or private utilities in the alley? i Yes No Preliminary Staff Comments: Unfavorable Recommendation. The vacation would result in a relocated sidewalk. While consistent with the block immediately to the east,(St Peter to Notre Dame) that block has historically had a narrower tree lawn, preexisting the vacation request granted in 2019. IABONMARCHE 315 W.Jefferson Boulevard Benton Harbor Hobart South Bend,IN 46601 Ft.Wayne Kalamazoo T 574.232.8700 Goshen Lafayette F 574.251.4440 Grand Haven South Bend abonmarche.com Grand Rapids Valparaiso Engineering•Architecture•Land Surveying EXHIBIT RIGHT-OF-WAY VACATION ST. LOUIS STREET(82.5' R/W) P.O.B. 7*. RIGHT-OF-WAY VACATION ALONG LOT 65 3 RIGHT-OF-WAY ' VACATIONWilliALONGLOT 65) 0.06 AC.±. i O g q ''/r O 'O OAmammarn •na. u, Qv . cn girl -// w 44,i cc LU Vacated 14'Alley Z L Z — \z O J a rn CO Ti 0, UJ d a. ao vNrri Na•w LINE TABLE 5 LINE NO. LENGTH DIRECTION Ll 15.00' N00°23'58"W r s,• k L2 15.00' S00°34'31"E L3 15.00' NOO°25'33"W a 1'1-,\ F. P.O.B.v RIGHT-OF-WAYiRIGHT-OF-WAY VACATION S ALONG LOT 59 VACATION ALONG LOT 59) ST. PETERS STREET(82.5' R/W) 0.06 AC.'_ a 0 Z a 0 25 50 0 Y i SCALE : 1=50' NOTE:THIS IS NOI A BOUNDARY SURVEY 01 PREPARED FOR:DRAWN BY: CMR NORTHEAST QUARTER,SECTION 1 C 11gAPPROVEDBY: MJR TOWNSHIP 37 NORTH,RANGE 2 EAST 0,1 DAVE LUDWIG&HOLY TEMPLE DATE: 2/25/2025 PORTAGE TOWNSHIP CHURCH OF GOD IN CHRIST INC. SCALE: 1"=I00' SHEET 2 OF 2 COPYRIGHT 2025•ABONMARCHE CONSULTANTS.INC. abonmarcbe.can\one\p,ojec6\2025\25.0559 Lu*wlg Minor SubdM8on\1D SURVEY\18 CAO3$ASE\25-0559 easement row eacatwn.dvg 24x38 6/5/2025 32818 PM.Legal(laxe.5).1:1 T~°th N.Q t o co - O c co 7 A A 5 m N c O I 3 u,N Z D O I Ey I 6n 98m2W m S Dgno . I Lot 60,Sorin's I I Lot 66,Sorin's o A a' a• O o 0 2nd Addtn.2nd Addtn. O 3 $o VD g A P.B. 1 Pg. 10 A P.B. 1 Pg. 10 A o OcaOO7041a vIIa x xO rn of I I D 00 D-'o> Lot 59,Sorin's N Lot 65,Sorin's z<D NJ n m co o 1.. 2nd Addtn. I 2nd Addtn. a -o i:P.B. 1 Pg. 10 I P.B. 1 Pg. 10 o° u m w z Xi Nli S69825'29"W 171.65' I 88946'35"W 172.63' 0 n Dv did %/; V V A \. did 0 M rn m 1•T1 0 Z N89°25'29"E 171.81' N89°46'35"E 172.63' n \/ a m . o^<p 0 in D D 3 NAPOLEON STREET(82.5' R/W) n i D 6 O n= i+ zT CO D zn7. O9 D A i. O Z D Z r z z 1--, w N./ - m z O 0 O o m m ° g m 2 O O r D aamog y H = y v v z r p 0 0 3D 0 m v o 0 0 -1 M a a' o p w Ov L z c n O = A AC)O O O 0 m 0 - Q O 2 N Oo Oo Oo xi p g O a a f.2 RI o o 5< 30 N. z n to N C aV jeo d' L' a m O w , L'_. Co O 5 O a O tJ z o C ,ii C z W m' 6SSo-Sz 'ON 801 RIGHT-OF-WAY VACATION ALONG LOT 59, SORIN'S 2ND ADDITION A TRACT OF LAND BEING IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8-INCH IRON PIPE AT THE NORTHEAST CORNER OF LOT 59 OF SORIN'S SECOND ADDITION, RECORDED IN PLAT BOOK 1, PAGE 10 OF THE RECORDER'S OFFICE OF SAID COUNTY AND STATE; THENCE SOUTH 89 DEGREES 25 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 59, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, AND CONTINUING ALONG SAID RIGHT-OF-WAY LINE ACROSS A VACATED 14-FOOT ALLEY RUNNING NORTH-SOUTH AND BEING ADJACENT TO THE WEST LINE OF SAID LOT 59, 171.86 FEET TO A FOUND 3/ 4-INCH IRON PIPE ON THE SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE CENTERLINE OF THE SAID VACATED ALLEY; THENCE NORTH 00 DEGREES 23 MINUTES 58 SECONDS WEST ALONG THE NORTHERLY EXTENSION OF THE CENTERLINE OF SAID VACATED ALLEY, 15.00 FEET; THENCE NORTH 89 DEGREES 25 MINUTES 29 SECONDS EAST PARALLEL TO THE NORTH LINE OF SAID LOT 59 AND SOUTH RIGHT-OF-WAY LINE OF NAPOLEON STREET, 171.81 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LOT LINE OF LOT 59, AND THE WEST RIGHT-OF-WAY LINE OF ST. PETER STREET; THENCE SOUTH 00 DEGREES 34 MINUTES 31 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 59 AND THE WEST RIGHT-OF-WAY LINE OF ST. PETER STREET, 15.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.06 ACRES, MORE OR LESS. O:\PROJECTS\2025\25-0559 LUDWIG MINOR SUBDIVISION\10 SURVEY\17 LEGALS AND REPORTS\ROW VACATION LOT 59 LEGAL.DOCX E Qr* r Area Right of Way Vacations Y o txiSubTitle i T1, r 1pyhf ! I— I I ( 1` II. . Z p Legend x I SJC Parcel Dimensions sir-+, r' f i.- I r _ SJC Parcels 1.- -_1R`. ,...r q0 • - - -"-I 1-'-'1 ... r:.,_1 r. I ELK Parcels r ti . t` 114a- {`p+ I " f a r I SJCSveet s ! a., )Sr-, .', _, ate . ti,rr, t_ . 1 :rTMlr_Zi"' f 0 T 1 4 ELK Street . o- C III 1I -I 11..1 I I ,I l' tT i I x, .r a r Budding Footprint Il' i •- 1 i 1t t Railroad t ti OnII Railroad c.zr. -._ r--r- II _vM rt>H` i, t I2 I1 _ - j • w 1.a'{ Abandoned wr d 7 1,, r 1 r IS:R I o 1 f1 .1 •-Y_ l J Y am Road CenterlineI r 4y 11 ti 1f N Railroad Bridge tr 1_--j'i" ••.1 4_:, ,{ , .._. .' i J_ J Ji Wt +>' t: F C illrl >r Ip'. , SI 7 1:1 R O I• it N Roadway Bridge l 1, t , i —, u. r r ,, I(' 1'1 l - , nld I Vacated portions Ord.#'s 10694-19&9123-00 1 ! -i I L T, e '+. •, R(.. i 1. ' iAq_I!q.0 'f I -.I+i t yt r Q I. 3 , i Test r s R t s• r • I F, '.' 4 i. -•; m' a f "" pG 1 n i , l Proposed LudwigVacation 1 A-N ts{ yap 4 i; F1 {'i' s ate - "a ,.. V.NCEN.T'I b' T 4' I fs t r T A -- . I,E I-1 ttr - N 1 inch.249.92 feel r~ . 1_.. RI t .. .sue' i R x I I,F 1 l 11 * a le. I _ i. L 7-.. l7 II, ,. \ r, il; t ` ' s ' I v • .* ii A a oar 002 0.05 L 1 ts r-,1 Z! 71ri:.w. a r ; q[-it t ,. F y IQ 1i * 0 I 1 .°° \ ` f -• 1. y p:• 1 D J L I r f AIL.,k'-. ..' ''• a I. r'i'"I d J. ,- r. Date Printed. 6/ 9/2025 e dr Map Generated By:Public f Coordinate gnd is based on Indiana East State Plane Coordinate System 1993 North American Datum. Information shown on this map is not warranted for accuracy or merchantability.Reproduction or distribution of the material is not authorized without the express written permission of MACOG. May 13, 2025 Permit#94 oi43. 8\ 1b it1.4 tc, David Ludwig lam' r ACE 1 ; 15700 Lake Forest Ct r-'z` Granger, IN 46530 r8e6_ Department of Public Parks of South Bend, Indiana Permission is hereby granted to remove (4) Sugar Maple Trees in the tree lawn on the property at: 718 Napoleon St Department of Public Parks Brent Thompson Brent Thompson, City Forester Sec. 19-19.Removal of hazardous trees by property owner;order,notice;emergency.removal. a) Every owner of real estate within the City shall remove or trim any tree or shrub or any part thereof located on such real estate or in the tree and lawn area in front of such real estate which may be dead,diseased,unsightly,in a condition which is injurious or detrimental to the public health and safety or the growth of adjacent trees or which may project over the public street on which such real estate abuts in such manner as to obstruct the free passage of pedestrians and vehicular traffic on such public streets. b) The Board of Park Commissioners shall have the power and the authority to order and require such owner to remove any such tree or shrub by first causing notice to be served on such owner in the manner provided in section 19-21 not less than ten(10)days prior to the time designated in such notice for the removal or trimming of such tree or shrub. c) In case of an immediate necessity for any such removal or trimming by reason of storm or other emergency,such removal or trimming may be done by the Board of Park Commissioners of its Superintendent of Parks,and no notice whatever need be given thereof. Sec. 19-15.The Board of Park Commissioners shall have the right,power and authority to: 1) Require the owners of parcels of land bordering on any public street of the City to grade,sod,plant,and maintain in proper condition the tree lawn area and the street centers in front of the parcels of land.(2)Require such owners to plant and maintain shade or ornamental trees in such areas. Any obstruction of the right-of-way for tree maintenance work of two hours or more or are closing a travel lane and obstructing traffic would need a traffic control and occupancy request permit from the Engineering office roNA permitsofficea southbendin.gov. If a travel lane needs to be blocked for any amount of time,a permit would be required with a traffic control sketch showing how they plan to divert traffic safely. June 2, 2026 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis Third Floor, County-City Building South Bend, IN 46601 RE: 4101 and 4115 S. Main Street-PC#0310-26 Dear Committee Chair Davis: City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Jun 2, 2026 13ianca rirado City Clerk , outh Bend, I Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced locations. Please include the attached Ordinance on the Council agenda for first reading at your June 8, 2026, Council meeting, and set it for public hearing at your June 22, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the June 15, 2026, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The petitioner intends to build a commercial flex building with multiple workshop type spaces to be rented out individually. This use would be considered a mix of Retail & Service, General and Artisan Industrial which would require a rezoning from Suburban Neighborhood (S1) to Commercial (C). If you have any questions, please feel free to contact our office. Sincerely, Brian Killen Zoning Administrator CC: Bob Palmer Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President 29-26 Filed in Clerk's Office Jun 2, 2026 BILL NO.29- 26 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4101 S.MAIN ST. AND 4115 S. MAIN ST.COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone these properties from Suburban Neighborhood(S 1)to Commercial C) District. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 4101 S. MAIN ST. (Parcel ID 023-1025-1420)-- Lot 154 Chippewa His 3rd Plat Myers& Funks Ex pts sold for Street; and 4115 S.MAIN ST. (Parcel ID 023-1025-1421)-- Lot 155 Chippewa Hts 3rd Plat Myers& Funks Ex pts sold for street. be and the same is hereby established as Commercial (C) SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Monday, May 18,2026 Zoning Application City of South Bend What are you filing for? Rezoning Who will need to approve? Plan Commission Property Owner and Property Information Property owner name:DEBUYSSER RIC ALAN &JANET ALICE REVOCABLE TRUST& AS TRUSTEES Phone number: 574) 520-7359 Email: nflickner@gowightman.com Project address:4101 and 4115, South Main St South Bend Would you like to add additional No property owners? The legal description can be found by visiting this map and typing in the address for the property. In the Parcel" layer,the legal description is categorized as "LEGALDESCR." The legal description can be found by visiting this map and typing in the address for the property. In the Parcel" layer,the legal description is categorized as"LEGALDESCR." Tax key number (more information 023-1025-1420, 023-1025-1421 about tax key numbers can be found below): The tax key(s)/parcel ID(s) can be found by visiting this map and typing in the address for the property. In the"Parcel" layer,the tax key/parcel ID is categorized as "PARCELID." Will someone other than the property Yes;someone else will be representing this petition onownerbethemainpointofcontact my behalfandrepresentativeforthispetition? Representative name: Nathan Flickner Phone number: 574) 520-7359 Email: nflickner@gowightman.com Mailing address:1402 E. Mishawaka Ave South Bend, IN,46615 Terms and Conditions Accepted Variance State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria: Rezoning Project Summary: Would like to rezone from S1 to C for a self storage Current District(s): S1 Suburban Neighborhood 1 Proposed District(s): C Commercial Upload a site plan to scale indicating scale used (for example 1 in. on a Barbie Street Flex Space Development....pdf printer paper = 20ft. in real life or 1 square on graph paper = 5ft. in real life). Include property lines and all structures. 2 Subdivison Annexation Use Variance A Use Variance may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria: Terms and Conditions Terms and Conditions Accepted Terms and Conditions Accepted Terms and Conditions Accepted By typing my name in the boxes below, I agree that I'm electronically signing this form. I affirm that the information that I've provided is accurate and true to the best of my knowledge. I understand that my electronic signature is legally binding and equivalent to my handwritten signature. Name: Nathan Flickner Date Monday, May 18, 2026 00: 00 3 BARBIE STREET FLEX SPACE DEVELOPMENT SOUTH BEND, INDIANA 10 BUILDING SETBgCN LINE i r-,-, I I fl i1, 1 )9P5409•KlECLf1JJLi z. 1 I 1 r I Iz- 8 8 BUII DING SUE.23.775.(7 0I8 1' 1J9 w c Lg a.r 3.44-et Z9Q4s1 LANAILOU! 2. 1 t4o0 of 1.eoo•r -i I, .... w.W 1 - - -- a __ oz. I 1 1 15'BUILDING SETBACK LINE. - i r 1 1 t 1 I N O CONCMEPTUALV SITE PLAN ;® CD CLIENT V1.1 I CONCEPTUAL SITE PLAN u P PRELIMINARY- NOT FOR CONSTRUCTION r-- - June 1, 2026 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis Third Floor, County-City Building South Bend, IN 46601 City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zon ing Filed in Clerk's Office Jun 2, 2026 Bianca I ira<lo City Clerk. South Bend, IN RE: South Bend Heritage Rezoning of 223 SCOTT ST, 227 SCOTT ST, 705 W. WAYNE ST, 711 W. WAYNE ST, 713 W. WAYNE ST, 717 W. WAYNE ST, 723 W. WAYNE ST, 725 W. WAYNE ST, 729 W. WAYNE ST, and 710 HOOSE CT -PC#0311-26 Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced locations. Please include the attached Ordinance on the Council agenda for first reading at your June 8, 2026, Council meeting, and set it for public hearing at your June 22, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the June 15, 2026, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The petitioner, South Bend Heritage, intends to build multiple duplexes on these lots. As part of that effort, they are also seeking to zone the parcels Urban Neighborhood 2 (U2) which is consistent with the current Near West Side Neighborhood Plan. If you have any questions, please feel free to contact our office. Sincerely, Brian Killen Zoning Administrator CC: Bob Palmer Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President 30-26 Filed in Clerk's Office Jun 2, 2026 BILL NO.30-26 Bianca l'irado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 223 S SCOTT ST, 227 S SCOTT ST,705 W.WAYNE ST,711 W.WAYNE ST,713 W. WAYNE ST,717 W.WAYNE ST, 723 W. WAYNE ST, 725 W.WAYNE ST,729 W. WAYNE ST,and 710 HOOSE CT(PARCEL IDs: 018-8154- 5549, 018-8154- 5550,018- 8154-5563, 018-8154-5556) COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone these properties from Urban Neighborhood 1 (U 1)District to Urban Neighborhood 2 (U2) District. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 223 SCOTT ST (Parcel ID 018-3051-1970) -- Lot 5 South Bend Heritage Wayne Street Minor; 227 SCOTT ST (Parcel ID 018-3051-1976) -- Lot 4 South Bend Heritage Wayne Street Minor; 705 W. WAYNE ST (Parcel ID 018-3051-1975) -- Lot 3 South Bend Heritage Wayne Street Minor; 711 W. WAYNE ST (Parcel ID 018-3051-1974) -- Lot 2 South Bend Heritage Wayne Street Minor; 713 W. WAYNE ST (Parcel ID 018-3051-1973) -- Lot 1 South Bend Heritage Wayne Street Minor; 717 W. WAYNE ST(Parcel ID 018-3051-196801)--W 1/2 Lot 4 Hustons Sub; 723 W. WAYNE ST(Parcel ID 018-3051-1967) --Lot 5 Hustons Sub Of Bol 72; 725 W. WAYNE ST(Parcel ID 018-3051-1966) --Lot 6 Hustons Sub Of Bol 72; 729 W. WAYNE ST(Parcel ID 018-3051-1965) --Lot 7 Hustons Sub Of Bol 72; and 710 HOOSE CT (Parcel ID 018-3051-1969) -- Lot 6 South Bend Heritage Wayne Street Minor. be and the same is hereby established as Urban Neighborhood 2 (U2) SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller,Mayor City of South Bend, Indiana 2 - Monday, May 18,2026 Zoning Application City of South Bend What are you filing for? Rezoning Who will need to approve? Plan Commission Property Owner and Property Information Property owner name:South Bend Heritage Foundation, Inc. Phone number: 574) 289-1066 Email: marcomariani@sbheritage.org Project address:717, 723,725,729 W. Wayne St. South Bend, In Would you like to add additional No property owners? The legal description can be found by visiting this map and typing in the address for the property. In the Parcel" layer,the legal description is categorized as"LEGALDESCR." The legal description can be found by visiting this map and typing in the address for the property. In the Parcel" layer,the legal description is categorized as"LEGALDESCR." Tax key number (more information 71-08-11-255- 019.000- 026; 255-020; 255-021; 255-022 about tax key numbers can be found below): The tax keys)/parcel ID( s) can be found by visiting this map and typing in the address for the property. In the"Parcel"layer, the tax key/parcel ID is categorized as "PARCELID." Will someone other than the property Yes; someone else will be representing this petition onownerbethemainpointofcontactmybehalfandrepresentativeforthispetition? Representative name: Chris Godlewski Phone number: 574) 393-9804 Email: cgodlewski@abonmarche.com Mailing address:315 West Jefferson Blvd. South Bend, IN,46601 Terms and Conditions Accepted Variance State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria: Rezoning Project Summary: The request is for a rezoning of 4 parcels from a U-1 district U-2 district. The purpose of the rezoning is to provide for attached dwellings units as duplex's and stacked flats.The immediate neighborhood has a variety of housing types that mimic this dwelling type. Current District(s): U1 Urban Neighborhood 1 Proposed District(s): U2 Urban Neighborhood 2 Upload a site plan to scale indicating scale used (for example 1 in. on th Rezoning Site plan.pdf printer paper = 20ft. in real life or 1 square on graph paper = 5ft. in real life). Include property lines and all structures. 2 Subdivison Annexation Use Variance A Use Variance may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria: Terms and Conditions Terms and Conditions Accepted Terms and Conditions Accepted Terms and Conditions Accepted By typing my name in the boxes below, I agree that I'm electronically signing this form. I affirm that the information that I've provided is accurate and true to the best of my knowledge. I understand that my electronic signature is legally binding and equivalent to my handwritten signature. Name: Chris Godlewski Date Wednesday, May 13, 2026 12:00 3 4 U 11,-..',fil: S h.. le„htji..- H_ u_ LOUR r.. 4„. 4. rr .h.,\^ .;a • g} RCA4 SErBACf'', 4 24' k I bill, -ACKED STAC,KC1% LATS ) FLATS DUPIEY U°' ' n A!, 12 units) (2 units) r till" IIIIV W Wayne Street YMIMM uE p I The project will comply with all applicable South Bend Heritage Foundation AgONMARCHEdevelopmentstandardsnotreflectedonthe conceptual site plan. Wayne Street Rezoning 1": 60' A South Bend City Hall 215 S. Or. Martin Luther King Jr. Blvd. Suite 500 South Bend, IN 46601 James Mueller, Mayor I -., . 1865 ·" Phone Email Website 311 inside City limits 311@southbendin.gov Southbendin.gov Filed in Clerk's Office Jun 3, 2026 Bianca Tirado City Clerk . outh Bend, IN City of South Bend Department of Community Investment June 2 2026 Council Member Canneth Lee President South Bend Common Council South Bend City Hall, 3 rd Floor South Bend, Indiana 4660 l Chairperson Community Investment Committee South Bend Common Council South Bend City Hall, 3 rd Floor South Bend, Indiana 46601 RE: Bill No. 31-26: An Ordinance of the Common Council of the City of South Bend, Indiana, Authorizing Payments in lieu of Taxes for Western Avenue I, LLC Dear President Lee and Chairperson, Please find attached Bill No. 31-26 for first reading, which has been filed for the Common Council's consideration pur suant to Indiana Code 36-l -8-14.3(e). Indiana Code 36-1-8-14.3 et seq. authorizes the City to enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a qualifying affordable housing development. Such an agreement sets the amount and schedule of each payment, which the City must deposit into an affordable housing fund and is used to directly support the development, preservation, or accessibility of affordable housing within the community. Bill No. 31-26 provides the necessary authorization for a PILOT for Western Ave Transformation District, a new affordable housing development located on W. Western Ave., just west of S. Taylor Street and to be owned by Western A venue I, LLC. Western Ave Transformation District is a planned 156-unit mixed income housing development by developer The Michaels Organization, a New Jersey-based company specializing in multi family developments. The project was awarded low-income housing tax credits by the Indiana Housing and Community Development Authority. l 10 of the units for the new project will be reserved for households earning at or below 60 percent of the area median income. 31-26 City of South Bend Community Investment Bill No. 31-26 would also authorize and approve the form of the PILOT Agreement with Western Avenue I, LLC, and would authorize its execution and delivery by the Mayor on behalf of the City. A form of Agreement is enclosed with this Bill for filing, and the final agreed-upon version will be submitted as a Substitute Bill prior to the date for public hearing. The Council's adoption of Bill No. 31-26, the execution of the PILOT Agreement, and the continued support of the established affordable housing fund are actions necessary to ensure the success of the Western Ave Transformation District development and address the need of affordable housing in South Bend. Sincerely, Joseph Molnar Deputy Director of Community Investment Filed in Clerk's Office Jun 3, 2026 BILL NO. 3 1-26 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PAYMENTS IN LIEU OF TAXES FOR WESTERN AVENUE I,LLC STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana(the"City")is a duly organized municipal corporation and political subdivision under the laws of the State of Indiana, and the Common Council of the City is the legislative body of the City(the "Common Council"). Western Avenue I,LLC,an Indiana limited liability company(the"Owner")has confirmed to the City that the Owner will develop, own, and operate an affordable rental apartment facility on the+/- 8.81 acre site located at 628 West Western Avenue, South Bend, Indiana and identified as Parcel Number 71-08-11-426-001.000-026 in the St. Joseph County Assessor's records which real estate is legally described on Exhibit A attached hereto (the "Property"), and known as the Western Avenue Transformation District(the"Project"). The Project will be developed, constructed, and operated for the purpose of providing housing to income eligible persons under the federal low-income housing tax credit program in 26 U.S.C. §42 and will be subject to an extended use agreement under 26 U.S.C. §42 (the"Extended Use Agreement")as administered by the Indiana Housing and Community Development Authority IHCDA") for a period of at least fifteen (15) years. Pursuant to the Extended Use Agreement,the Project will have 110 units available for rent to residents whose incomes average 60% or less of the applicable area median income and 46 unrestricted units. Additionally, pursuant to the Extended Use Agreement, the affordable units within the Project will be limited to charging rents as determined in accordance with the IHCDA Extended Use Agreement and, from-time to time, by the United States Department of Housing and Urban Development(the"Restricted Rents"). The Owner qualifies as a "property owner" under I.C. 36-1-8-14.3(d) and the Owner has agreed to make certain payments in lieu of taxes (each payment, a"PILOT", and collectively, the PILOTs"),and the City and Owner desire to document that agreement in a written agreement(the PILOT Agreement"). The City is authorized to enter into the PILOT Agreement pursuant to I.C. 36-1-8- 14.3 et seq.,and pursuant to I.C.36-1-8-14.3(e),subject to the approval of a property owner,the governing body of a political subdivision may adopt an ordinance to require the property owner to pay PILOTs at times set forth in the ordinance with respect to property that is subject to an exemption under I.C. 6-1. 1-10-16.7. Pursuant to I.C. 6-1.1-10-16.7, for assessment dates after December 31,2021,all or part of a property is exempt from property taxation if the owner of the property has entered into an agreement to make payments in lieu of taxes under I.C. 36-1-8-14.3. The PILOTs must be calculated so that the PILOTs are in an amount that is: (1) agreed upon by the property owner and the governing body of the political subdivision; (2) a percentage of the property taxes that would have been levied by the governing body for the political subdivision upon the property if the property were not subject to an exemption from property taxation; and(3) not more than the amount of property taxes that would have been levied by the governing body for the political subdivision upon the property if the property were not subject to an exemption from property taxation. The form of the PILOT Agreement is attached to this Ordinance as Exhibit B. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Recitals. The above recitals are incorporated herein by reference as though set forth fully herein below. SECTION II. Approval of PILOTs. As more specifically provided in accordance with the form of PILOT Agreement, the Common Council hereby approves PILOTs for the Property in annual sums as follows: Year 1 21,000 Year 2 21,630 Year 3 22,279 Year 4 22,947 Year 5 23,635 Year 6 24,344 Year 7 25,074 Year 8 25,826 Year 9 26,601 Year 10 27,399 Year 11 28,221 Year 12 29,068 Year 13 29,940 Year 14 30,838 Year 15 31,763 SECTION III. Authorization and Approval of Form of PILOT Agreement. The Common Council hereby authorizes and approves the form of the PILOT Agreement and authorizes its execution and delivery by the Mayor on behalf of the City substantially in the form attached hereto and incorporated herein by reference as Exhibit B, all for the purposes contemplated herein. SECTION IV. Recording of Executed Ordinance. The City Clerk is directed to provide an executed copy of this Ordinance, as approved, and a copy of the executed PILOT Agreement to the Owner for the Owner to record with the St. Joseph County Recorder's Office and for the Owner to file the recorded Ordinance and PILOT Agreement with the City Clerk's Office, the St. Joseph County Assessor's Office, the St. Joseph County Auditor's Office, and the St. Joseph County Treasurer's Office. SECTION V. Further Authorizations. The Common Council hereby requests, authorizes, and directs the Mayor,Common Council President, Controller and the City Clerk, and all official officers, members, employees, and agents of the City, and each of them, for and on behalf of the City,to negotiate,prepare,execute, and deliver any and all other instruments, letters, certificates, agreements, and documents as are determined to be necessary or appropriate to consummate the transactions contemplated by this Ordinance, and such determination shall be conclusively evidenced by the execution thereof. The instruments,letters,certificates,agreements, and documents necessary or appropriate to consummate the transactions contemplated by this Ordinance shall, upon execution, as contemplated herein, constitute the valid and binding obligations or representations and warranties of the City, the full performance and satisfaction of which by the City is hereby authorized and directed. SECTION VI. Effectiveness. This Ordinance shall be in full force and effect from and after its adoption and the procedures required by law.This Ordinance remains in full force and effect until repealed or modified by the Common Council, subject to the approval of the Owner. Signature Page Follows] Duly passed and adopted on this day of 2026 by the Common Council of the City of South Bend, Indiana. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock Ill. James Mueller,Mayor City of South Bend, Indiana EXHIBIT A Property Glass House Survey Of Lots 56 57 58 And Lots 5 To 10 Touhey And Hagerty(Note: Legal description subject to change based on title and survey confirmation.) EXHIBIT B Form of PILOT Agreement See Attached) Parcel Identification No.: 71-08-11-426-001.000- 026 PILOT AGREEMENT THIS PILOT AGREEMENT (this "PILOT Agreement") is entered into to be effective as of this day of 2026, (the "Effective Date"), by and among the CITY OF SOUTH BEND, INDIANA, a municipal corporation and political subdivision of the State of Indiana (the "City"), and Western Avenue I, LLC, an Indiana limited liability company (the Owner," with each of the City and the Owner sometimes being individually referred to as a Party"and collectively as the"Parties"). RECITALS WHEREAS, the City is a duly organized municipal corporation and political subdivision under the laws of the State of Indiana, and the Common Council of the City is the legislative body of the City(the"Common Council"); WHEREAS, the managing member of the Owner is Western Avenue I - Michaels, LLC, an Indiana limited liability company(the"Managing Member");] WHEREAS, the Owner has confirmed to the City that the Owner will develop, own, and operate an affordable rental apartment facility on the+/-8.81 acre site located at 628 West Western Avenue, South Bend, Indiana and identified as Parcel Number 71-08-11-426-001.000- 026 in the St.Joseph County Assessor's records which real estate is legally described on Exhibit A attached to and made a part of this PILOT Agreement(the"Property"), and known as the Western Avenue Transformation District(the"Project"); WHEREAS, the Project will provide 110 affordable housing units for low-income residents whose incomes 60% or less of the applicable area median income and 46 unrestricted units; WHEREAS, the Project will be financed utilizing federal low-income housing tax credits under the federal low-income housing tax credit program described in 26 U.S.C. § 42; WHEREAS, the Project will be subject to an extended use agreement which is described in 26 U.S.C. § 42 (the "Extended Use Agreement") as administered by the Indiana Housing and Community Development Authority (the"IHCDA") for a period of at least fifteen (15)years; 1 WHEREAS, pursuant to 26 U.S.C. § 42 and the Extended Use Agreement, the 110 affordable units within the Project will be available for rent to residents whose incomes will be at 60%or less of the applicable area median income (the"Restricted Residents"); WHEREAS, pursuant to 26 U.S.C. § 42 and the Extended Use Agreement, the affordable units within the Project will be limited to charging rents as determined, from time-to-time by the United States Department of Housing and Urban Development(the"Restricted Rents"); WHEREAS, since the Project will constitute property described in 26 U.S.C. § 42, the Project will be subject to the Extended Use Agreement, and the Parties have entered into this PILOT Agreement, the Owner qualifies as a "property owner" under Indiana Code § 36-1-8- 14.3(d); WHEREAS, the Owner has agreed to make certain payments-in-lieu-of-taxes as set forth in this PILOT Agreement; WHEREAS,the City is authorized to enter into this PILOT Agreement pursuant to Indiana Code § 36-1-8-14.3 et seq.; and WHEREAS, in order to provide for the successful development, financing and operation of the Project, the Owner and the City are entering into this PILOT Agreement, which the City represents has been ratified by the Common Council. NOW,THEREFORE, in consideration of the foregoing premises, mutual covenants, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: AGREEMENT Section 1. Owner Compliance. Section 1.1 (a) Owner acknowledges that in order to qualify for property tax exemption for the Property under Indiana Code §6-1.1-10-16.7,the Project must be in compliance with the requirements of§ 6-1.1-10- 16.7. b) Owner further acknowledges that: i) the mere execution of this PILOT Agreement does not confer any property tax exemption on the Property under Indiana Code § 6-1. 1-10-16.7; ii) in order to obtain any such property tax exemption or partial exemption under Indiana Code § 6-1.1-10-16.7, the Owner must timely file its property tax exemption application, including renewal applications, if any are required, with the St. Joseph County Assessor requesting an exemption pursuant to Indiana Code § 6-1. 1-10-16.7 from Owner's obligation to pay all or any portion of its real and personal property taxes on the Property; and 2 iii) the Owner must meet its burden of proof under Indiana law pursuant to the normal application and determination process applicable to Indiana Code § 6-1.1-10- 16.7 to qualify for and receive such exemption. Section 2. Payment In Lieu of Taxes. Section 2.1. a) The Owner has agreed to make payments in lieu of taxes as described herein in consideration of the cooperation and support of the City for successful development, financing and operation of the Project, which includes, but is not limited to, the public promotion and support for the Project.The annual amount payable by the Owner to the City hereunder (the "Annual in Lieu of Amount") shall be in the annual sums as follows: Year 1 21,000 Year 2 21,630 Year 3 22,279 Year 4 22,947 Year 5 23,635 Year 6 24,344 Year 7 25,074 Year 8 25,826 Year 9 26,601 Year 10 27,399 Year 11 28,221 Year 12 29,068 Year 13 29,940 Year 14 30,838 Year 15 31,763 b) The Annual in Lieu of Amount has been negotiated between the City and the Owner in accordance with Indiana Code § 36-1-8- 14.3(f), and by specifically taking into account the applicable provisions of Indiana Code § 6-1.1-4-40, Indiana Code§6-1.1-4-41, and Indiana Code § 6-1. 1-10-16. c) The Owner will pay all property taxes due on the Property until such time as the Owner complies with the requirements to secure the property tax exemption for the Property described in Section 1. 1(b). Section 2.2. The Annual in Lieu Amount payable by Owner with respect to the Property shall be imposed as property taxes and payable in two equal installments due and payable on or before May 10 and November 10 of each successive calendar year, with the initial installment of the payment becoming due and payable on May 10 of the year following the Project's final 3 building receiving its Certificate of Occupancy (the "C of 0") from the City (each payment, a PILOT", and collectively, the "PILOTs"). Upon receipt by the Owner of an Annual In Lieu Amount bill from the Controller of the City, the Owner shall remit its semi-annual PILOT to the City at the Office of the Controller on or before each installment due date. Subject to Section 2.4, the aggregate annual amount of each year's semi-annual PILOT shall not exceed the Annual in Lieu of Amount. Section 2.3. The obligation of the Owner to pay the Annual In Lieu of Amounts shall be subordinate to the obligations of the Owner with respect to the Owner's obligation to make debt service payments on any financing which may now or in the future be secured by a mortgage on the Property. The City agrees to execute whatever documents any lender to the Owner now or in the future may require which are commercially reasonable in order to confirm the foregoing subordination. Section 2.4. The City shall have the right to enforce the payment of all PILOTs when due, including all penalties, costs, and expenses imposed under Indiana Code §6-1.1-22-1, et. seq., and Indiana Code§6-1. 1-37-1,et seq. or any statute which amends or replaces them for delinquent PILOTs, in the same manner as the City enforces the obligations of non-exempt taxpayers. Section 2.5. The lenders and investors of the Owner shall have the right, but not the obligation,to cure defaults hereunder. Such cure shall be accepted as if provided by the Owner. Section 3 Term. Section 3.1. Except as otherwise provided in Section 4, the PILOT Agreement and applicable PILOTs required hereunder shall continue for a period of fifteen (15) years beginning with the initial year that a PILOT is made by the Owner to the City (the "Initial Term"). The Initial Term may be extended by a mutual, written agreement of the Parties. Section 4. Termination. Section 4.1. City or Owner may terminate this PILOT Agreement at any time upon a material breach of this PILOT Agreement or failure to perform any term of this PILOT Agreement by the other, unless such material breach or failure is cured within thirty (30) days after written notice is given to the party in material breach;provided,however,that if any such claimed material breach or failure is of a nature that it cannot be cured within thirty (30) days, a non-breaching party shall not have the right to terminate this PILOT Agreement as long as the party in material breach is diligently pursuing appropriate action to cure the material breach or failure within a total of forty-five (45) days if such action was commenced within thirty (30) days after the giving of notice of the material breach or failure. Section 4.2. Neither City nor Owner shall have any further obligations hereunder except for those obligations accruing prior to the date of termination and those post-termination obligations enumerated in this PILOT Agreement. 4 Section 5. General Provisions. Section 5.1. Conditions Precedent to Agreement. Notwithstanding any other provision herein, this Agreement shall be conditioned upon: a) the Owner having legal title to the Property; and b) the Owner executing and recording the Extended Use Agreement providing for a term of at least fifteen(15)years. Section 5.2. Captions; Incorporation and Exhibit. The captions and headings of various Sections and Exhibits referenced herein are for convenience only and are not to be considered as defining or limiting in any way the scope or intent of the provisions hereof. Notwithstanding the foregoing, each of the Recitals and the Exhibits referenced herein are incorporated and expressly made a part hereof Section 5.3. Entire Agreement. This PILOT Agreement constitutes the entire agreement of the Parties with respect to the subject matter contained herein, and all prior discussions, negotiations,and document drafts are merged herein. Section 5.4. Notices. Any notice, demand, request, or other communication which any Party hereto may be required or may desire to give hereunder shall be in writing, addressed as follows and shall be deemed to have been properly given if hand delivered (effective upon delivery), if sent by reputable overnight courier, charges prepaid (effective the business day following delivery to such courier): If to Owner: Western Avenue I, LLC c/o The Michaels Development Company 2 Cooper Street, 14th Floor Camden, NJ 08102 Attn: Mark Morgan With a copy to: Applegate&Thorne-Thomsen, P.C. 425 South Financial Place, Suite 1900 Chicago, Illinois 60605 Attnl Bennett P. Applegate, Jr. With a copy to: TO BE CONFIRMED] If to City:City of South Bend, Indiana South Bend City Hall 215 S. Dr. Martin Luther King Jr. Blvd., Suite 500 South Bend, Indiana 46601 Attn: Executive Director, South Bend Department of Community Investment 5 With a copy to: South Bend Legal Department 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600 South Bend, Indiana 46601 Attn: Corporation Counsel Email: legaldept@southbendin.gov or at such other address as the Party to be served with notice may have furnished in writing to the Party seeking or desiring to serve notice as a place for the service of notice. Notices given in any other manner shall be deemed effective only upon receipt. Section 5.5. Modification, Amendment, or Waiver. No modification, waiver, amendment, discharge, or change of this PILOT Agreement shall be valid unless the same is in writing and signed by all Parties. Section 5. 6. Governing Law. This PILOT Agreement shall be governed by and construed under the laws of the State of Indiana. Suit, if any,shall be brought in St.Joseph County, Indiana. Section 5.7. Execution in Counterparts. This PILOT Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts,each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Section 5. 8. Severability. If any provision of this PILOT Agreement is determined by a court having jurisdiction to be illegal, invalid, or unenforceable under any present or future law, the remainder of this PILOT Agreement will not be affected thereby. It is the intention of the parties that if any provision is so held to be illegal, invalid, or unenforceable, there will be added in lieu thereof a provision as similar in terms to such provision as is possible that is legal, valid, and enforceable. Section 5.9. No Joint Venture. Nothing contained in this PILOT Agreement will be construed to constitute Owner as a joint venturer with City or to constitute a partnership between Owner and City. Section 5.10. Construction. The Parties acknowledge that each Party and each Party's counsel have reviewed and revised this PILOT Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this PILOT Agreement or any amendments or schedules hereto. Section 5.11. Authorization. The persons executing and delivering this PILOT Agreement on behalf of the Parties hereto represent and warrant to the other Party that such person is duly authorized to act for and on behalf of said Party and execute and deliver this PILOT Agreement in such capacity as is indicated below. 6 Section 5.12. Assignment/Successor. This PILOT Agreement shall be binding upon the City and Owner, and all successors, grantees, or assignees of Owner with respect to the Property or any portion thereof) which would otherwise be entitled to claim an exemption for real and personal property taxes imposed on the Property. Section 5.13. Recording. The Owner will cause, at Owner's expense, this PILOT Agreement, the Ordinance of the Common Council approving this PILOT Agreement (the Ordinance") and any other instruments of further assurance to be promptly recorded, filed, and registered as provided in the Ordinance, and at all times to be recorded, filed, and registered, in such manner and in such places as may be required by law to preserve and protect fully the rights of the City hereunder as to all of the mortgaged property. In the event the owner does not record and file the PILOT Agreement and the Ordinance, as provided in the Ordinance,within thirty(30) days of the later of(i) adoption of the Ordinance by the Common Council and (ii) execution of this PILOT Agreement by all parties thereto, the City will cause, at Owner's expense,this PILOT Agreement and the Ordinance to be recorded and filed as provided in the Ordinance, the expense of which will be reimbursed by the Owner to the City. Section 5.14 Incorporation of Recitals.The recitals contained in this PILOT Agreement are incorporated into the operative provisions of this PILOT Agreement as if separately restated and are true and correct. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, the undersigned Parties have caused the execution of this PILOT Agreement by their duly authorized representatives as of the day, month, and year first above written, but to be effective as of the Effective Date. CITY OF SOUTH BEND, INDIANA James Mueller, Mayor STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, a Notary Public, in and for said County and State, personally appeared James Mueller, in his capacity as the Mayor, acting for and behalf of the City of South Bend, Indiana, and who,having been duly sworn, stated that any and all representations and warranties contained therein are true and correct in all material respects. Witness my hand and Notarial Seal this day of 202 . Notary Public Printed Name My Commission Expires: My County of Residence: EXECUTIONS CONTINUED ON FOLLOWING PAGE] OWNER: Western Avenue I, LLC, An Indiana limited liability company By: Western Avenue I—Michaels, LLC An Indiana limited liability company, Its manager and a member By: Greg Olson, Regional Vice President STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public, in and for said County and State, personally appeared in his capacity as the who acknowledged the execution of the foregoing instrument as such acting for and on behalf of said and who, having been duly sworn, stated that any and all representations and warranties contained therein are true and correct in all material respects. Witness my hand and Notarial Seal this day of 202 . Notary Public Printed Name My Commission Expires: My County of Residence: 9 Prepared by and return after recording to: Jenna K. Throw, City Attorney, City of South Bend, 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600, South Bend, IN 46601 I affirm under penalties for perjury,that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Jenna K.Throw 10 EXHIBIT A The Land referred to herein below is situated in the County of St. Joseph, State of Indiana, and is described as follows: Glass House Survey Of Lots 56 57 58 And Lots 5 To 10 Touhey And Hagerty 11 June 2, 2026 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis Third Floor, County-City Building South Bend, IN 46601 City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Jun 3, 2026 Bianca r,rado City Clerk 'outh 13end, It RE: Coal Line Trail with common address of 1241 RIVERSIDE DR for five city parcels with ID# 018- 1094-3937 -PC#0307-26 Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced locations. Please include the attached Ordinance on the Council agenda for first reading at your June 8. 2026. Council meeting, and set it for public hearing at your June 22, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the June 15, 2026, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Comm ission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The City recently completed part of the Coal Line Trail, for which new parcels were created but not assigned a zoning district. Zoning staff are requesting the parcels be rezoned as Open Space (OS). If you have any questions, please feel free to contact our office. Sincerely, Brian Killen Zoning Administrator CC: Bob Palmer Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President 32-26 Filed in Clerk's Office Jun 3, 2026 BILL NO.32-26 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT COAL LINE TRAIL 1241 RIVERSIDE PARCEL ID#018-1094-3937 COUNCILMANIC DISTRICT NO. 1,2, AND 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone five Coal Line Trail properties from unzoned to Open Space(OS) District. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Coal Line Trail at 1241 Riverside Drive(Parcel#018-1094-3937)--Abd RR Walking Trail start int Wilber&VanBuren Sts NE to incl Park S of RR, W of Riverside Dr N of Hudson Ave & E of Woodward Ave EX RR N &adj Sec 2 37 2e. be and the same is hereby established as Open Space(OS) SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at _ o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller,Mayor City of South Bend, Indiana 2 - City of South Bend 215 S Dr. Martin Luther King Jr Blvd - Suite 500 South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key NumberO18-1094-3937 Address: Owner: Civil City of South Bend Legal Description: Abd RR Walking Trail start int Wilber&VanBuren Sts NE to incl Park S of RR, W of Riverside Dr N of Hudson Ave E of Woodward Ave EX RR N &adj Sec 2 37 2e Project Summary Linear Park being zoned OS Requested Action Application includes (check all that apply) Rezoning Current District: Choose the current district Additional Districts, if applicablE Proposed District Choose the proposed district Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents ECompleted Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Address: Name: Address: Name: Address: Contact Person: Name: Address: Phone Number: E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: l.w a f fef' i1d' 111fIt- r o AEA IInh1iIa2III1AT f ti 080 44% 41r. ' . Ali ilia gpnv.-if . .;.*,,, =WI +life:4 .'- 4' 0 VI to tihi* 4 0 A„. ,an .... ... - INEED . 0 °ii NE 4. 41 id., ; - r* 4 1i- frMur , dzLJ Ma %10#*, JE Ililiwi iit,* ., N F .• rnimiait‘ S •` M iv.„._ -4, Vi4tte +> ., 4, N,l1 1. - 4 .$t 40.c,rE ) io.ovSit* * e .411111 HIll r.i illiii 44,44 : . i i- Igo 6r-- ilLu-1*(4.4$!‘kk*#. i(1 liit:„.M 1 iik. -i erg .,,4, •,* eee 0,.. al* ### 4e.... ..1 3 r -- I , 4. f - [{ 4 his t r.v_ HL±- -= 4 1' - - j j 4 41".k.III ill r ' .-T ' ANA_ a t OA\44 11 , - -.. 4', r.A t‘'‘ Wy r !-- .-i f:zir , r , i$'hl!iilllllllii d J N I d 1 Imo moo L , E p.MN 4,, i2 z y __ 11l11111imit- 4-_•4P II aNVIC j r '. A , .. _. ', E i - ' .. 1, , N , r----1 1_, ,a 1: q, , ) 7 a tv nd 3 AV h, 41c' I ' .0 ii r- 1 ' '- L-- • lii ..--AjLk - - 4 liilll Hit 1 III 111111111 ' ' 4 - Tr' . I ' - 111)411111Hfit Hir111 X, County-City Building 227 W Jefferson Blvd Suite, 1200 oulh Bend, IN 4660 I Jam es Mueller, Mayor Canneth Lee, President City of South Bend Department of Administra lion & Finance Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: Q2 2026 Addjtional Appropriation Ordinance Dear President Lee, Phone 311 inside City lin1its Em ail 31 l@southbendin.gov Website Southbendin.gov Filed in Clerk's Office Jun 3, 2026 Bianca l"irndo City Clerk. , outh 13cnd, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff, and city adminjstrntion to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2026, we plan to propose adjustments during four time periods-March, June, Septem ber, and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that trus bill be filed for 1st reading on June 811\ 2026, with 2nd reading, public hearing and 3rd reading scheduled for June 22nd 2026. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Xf tJJR Kyle Willis City Controller 33-26 Filed in Clerk's Office BILL NO. 33-26 Jun 3, 2026 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2026 OF$32,358 FROM THE GENERAL FUND (#101),$75,410 FROM THE PARKS AND RECREATION FUND (#201), 70,000 FROM THE MOTOR VEHICLES HIGHWAY FUND (#202), $360,000 FROM THE COMMUNITY INVESTMENT OPERATING FUND (#211), $7,034,537 FROM THE COMMUNITY INVESTMENTS GRANTS FUND (#212),$767,050 FROM THE GIFT, DONATION,BEQUEST FUND (#217),$37,000 FROM THE UNSAFE BUILDING FUND 219),$100,000 FROM THE LOSS RECOVERY FUND (#227), $122,500 FROM THE CODE ENFORCEMTN FUND(#230), $1,000,000 FROM THE LOCAL ROADS & STREET FUND (#251), $79,443 FROM THE IT/INNOVATION/311 CALL CENTER FUND (#279), 80,000 FROM THE INDIANA RIVER RESCUE FUND (#291),$1,600, 000 FROM THE LOCAL INCOME TAX—ECONOMIC DEVELOPMENT FUND (#408), $255,000 FROM THE WATER WORKS OPERATIONS FUND (#620),$994,620 FROM THE WATER WORKS CAPITAL FUND (#622),$420,000 FROM THE SEWAGE WORKS OPERATIONS FUND(#641). STATEMENT OF PURPOSE AND INTENT By Ordinance No. 11229-25 on October 13, 2025, the Common Council adopted the City's 2026 operating and capital budgets, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to affect the provision of services to its residents, which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2026 and set apart within the following designated funds for expenditures as follows: Fund Fund Name Amount 101 General Fund 32,358 201 Parks& Recreation 75,410 202 Motor Vehicle Highway 70,000 211 Community Investment Operating 360,000 212 Community Investments Grants 7,034,537 217 Gift,Donation, Bequest 767,050 219 Unsafe Building 37,000 230 Code Enforcement 122,500 251 Local Road & Street 1,000,000 279 IT/Innovation/311 Call Center 79,443 291 Indiana River Rescue 80,000 408 Local Income Tax—Economic Development 1,600, 000 620 Water Works Operations 255, 000 622 Water Works Capital 994,620 641 Sewage Works Operations 420, 000 Total 12,927,918 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller, Mayor City of South Bend, Indiana City of South Bend,Indiana Q2 2026 Budget Adjustments-Additional Appropriations - increase or decrease in total fund expenditures) Account= Budget Fund Department Division Account Adjustment Unanticipated Expenses 101-04-902-044439006— General Fund Administration&Finance Human Rights Services&Charges-Other-Education&Training 8,415 Rationale:Appropriate HRC luncheon revenue. 101-04-402-044-439006—General Fund Administration&Finance Human Rights Services&Charges-Other-Education&Training 5 23,943 Rationale Appropriate funds for HUD grant education 201-11-209-206-431019— Parks&Recreation Venues Parks&Arts Visitor Experience Services&Charges-Professional-Security Services S _ 50,000 Rationale:Appropriate additional budget for Inoictus contract.(Howard Park security expenses) 202-06-602-503-431001—Motor Vehicle Highway Public Works Streets&Sewers Services&Charges-Professional-Legal Services S 50,000 Rationale:Appropriation for legal fee expenses. 202-06-602-503-436006—Motor Vehicle Highway Public Works Streets&Sewers Services&Charges-Repairs&Maint-Radio Equip R&M S 20,000 Rationale:Appropriation for radio equipment repair&maintenance expenses. 211-10-101-120-431000-- Dept of Community Investment Operating Community Investment _Community Investment Services&Charges-Professional-Other Professional Svcs S 25,000 Rationale:Appropriate funds for professional services 211-10-101-120-431001—Dept of Community Investment Operating Community Investment Community Investment Services&Charges-Professional-Legal Services S 75,000 Rationale:Appropriate funds for legal services. 211-10-101-129.431000-- Dept of Community Investment Operating Community Investment Community Investment _Services&Charges-Professional-Other Professional Svcs S 35,000 Rationale:Appropriate budget for narrative and graphic updates. 211-10-101-130-431000-- Dept of Community Investment Operating Community Investment Community Investment Services&Charges-Professional-Other Professional Svcs $ 225,000 Rationale:Appropriate additional funds for City-owned property expenses. 219-10-103-100-431000— Unsafe Building Community Investment Neighborhoods Services&Charges-Professional-Other Professional Svcs S 37,000 Rationale:Additional budget for boarding up unsafe properties. 230-10-103-105-410003—Code Enforcement Community Investment Neighborhoods Personnel-Salaries&Wages-Permanent Part Time S 50,000 Rational:Appropriate additional funds for part time staff to assist with animal care. 2 3 0-10-103-105-4220 07— Code Enforcement Community Investment Neighborhoods Supplies-Operating-Cleaning Supplies S 5,000 Rationale:Appropriation for Animal Resource Center cleaning supplies. 230-10-103- 105.4220 7— Code Enforcement Community Investment Neighborhoods Supplies-Operating-Cleaning Supplies 5,000 Rationale:Appropriate fundsfor the Animal Resource Center.anintalfeed 230-10-103- 105-435002—Code Enforcement Community Investment Neighborhoods Services&Charges-Utility Services-Natural Gas S 2,500 Rationale:Appropriate additional funds for natural gas utititity expenses. 230-10-103-105.436001— Code Enforcement Community Investment Neighborhoods Services&Charges-Repairs&Maint-Building R&M 15,000 Rationale:Appropriate additional budget for building maintenance expenses.Expenses increased more than expected. 230-10-103-105-439019— Code Enforcement Community Investment Neighborhoods Services&Charges-Other-Cremation Services S 45, 000 Rationale:Additional budget for the Animal Resource Center cremation expenses. City of South Bend,Indiana Q2 2026 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account t Fund Department Division Account Budget Adjustment 291-09-090.094-422000- Indiana River Rescue Fire Department Fire Department Supplies-Operating-Other Operating Supplies 60,000 Rationale Additional budget for operating supplies of the Indiana River Rescue School. 291-09-090-094-439000- Indiana River Rescue Fire Department Fire Department Services&Charges-Other-Mist Charges&Svcs S 20,000 Rationale:Additional budget for operating expenses for the Indiana River Rescue School. 408-06-602- 503-436008 Local Income Tax-Economic Development Public Works Streets&Sewers Services&Charges-Repairs&Maint-Street Maint S 1,500,000 Rationale:Appropriating funds for City steers repair and maintenance 408-10-101- 130.436001- Local Income Tax-Economic Development Community Investment Community Investment Services&Charges-Repairs&Maint-Building R&M 100,000 Rationale Additional budget for repair&maintenance of City-owned properties. 620-06-604.603.435004- Water Works Operations Public Works Water Works Services&Charges-Utility Services-Water S 255,000 Rationale Additional budget for water utitlity expenses. 641-06-602-509-436006- Sewage Works Operations Public Works Streets&Sewers Services&Charges-Repairs&Maint-Radio Equip R&M $ 20,000 Rationale Additional budget for Radio Equipment repair&maintenance expenses. 641-06-602- 509-439016- Sewage Works Operations Public Works Streets&Sewers Services&Charges-Other-Lateral 400,000 Rationale:Additional budget for server lateral reimbursement expenses. 217-10-101-132-439300-- Gift,Donation,Bequest Community Investment Community Investment Services&Charges-Other-Grants&Subsidies 38,000 Rationale:Appropriate funds to cover Urban Tree canopy work not covered by the USDA Urban and Community Forestry Grant funds. I I Total Unanticipated Expenses 3,064,858 r __' -_, Supported by Outside Revenue 201-11-011- 011-f33003-- Parks&Recreation Venues Parks&Arts Community Initiatives Services&Charges-Printing&Ad-Promotional 25,000 Rationale:Appropriate donated funds from Four Winds Casino to support the MLK Dream Center 201-11-205-243-433003-11EIA- Parks&Recreation Venues Parks&Arts Development&Promotion Services&Charges-Printing&Ad-Promotional 5 410 Rationale:Approporiating additonal grants funds for the Kennedy Park improvement project 212-10401-120-439300- Dept of Community Investment Grants Community Investment Community Investment Services&Charges-Other-Grants&Subsidies 7,007,016 Rationale:Appropriating HUD Lead Grant funds. 212-10-101-120-439300- Dept of Community Investment Grants Community Investment Community Investment Services&Charges-Other-Grants&Subsidies S 27,521 Rationale:Appropriate funds for HUD cost sharing snatch. 217-04-402- 044-439300- Gift,Donation,Bequest Administration&Finance Human Rights Services&Charges-Other-Grants&Subsidies 5 9,050 Rationale:Appropriate scholarship donations from HRC lucheon. 217-07-071-071-431000-BMC2026- Gift,Donation,Bequest Innovation&Technology Information Technology Services&Charges-Professional-Other Professional Svc _S 720,000 Rationale:Appropriate Bloomberg Grant funds. 279-07-071-071-431009-PROJ00000383 IT/Innovation/311 Call Center Innovation&Technology Information Technology Services&Charges-Professional-Computer&Technology $ 48,690 Rationale:Appropriate Commuters Trust program proceeds. 279-07-071-071-431009--PROJ00000383 IT/Innovation/311 Call Center Innovation&Technology Information Technology Services&Charges-Professional-Computer&Technology $ 30,753 Rationale:Appropriate Commuter Trust program proceeds. ag1 '7g-t ye; ____'_-.=-s_:_ Capital Projects Total Supported by Outside Revenue 7,868,440 622-06-604-620-442007-PROJ00000762 Water Works Capital Public Works Water Works Capital Outlay-Infrastructure-Mains 994,620 Rationale:Appropriation offunds for the LaSalle Store Sewer project. Taal Capital Projects 994,620 I Administrative Expenses 25 1-0 6-6 00-5 0 6-452000--I Local Road&Street Public Works Engineering Other Uses-Interfund Transfer Out-Transfers Out 1,000,000 City of South Bend,Indiana Q2 2026 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Account t Fund Department Division Account Budget Adjustment Rationale:Transfer of funds so Fund 265 to cover road project expenses. Total Administrative Administrative Expenses S 1,000,000 Total Additional Appropriations 12927,918 County-City Building 227 W Jefferson Blvd Suite, 1200 South Bend, IN 4660 I Jam cs Mueller, Mayor Canneth Lee, President City of South Bend Department of Administra Lion & Finance Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: Q2 2026 Budget Transfer Ordjnance Dear President Lee, Phone 311 inside City limits Em ail 31 l@southbendin.gov Website Southbcndin.g ov Filed in Clerk's Office Jun 3, 2026 Bianca Tirado Cit Clerk. South Bend, Ii During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff, and city admirnstration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2026, we plan to propose adjustments during four time periods-March, June, September and December. Based on our budget review, we are submitting the enclosed budget transfer ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for !st reading on June 8 th , 2026, with 2nd reading, public hearing and 3rd reading scheduled for June 22 nd, 2026. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards Kyle Willis City Controller 34-26 Filed in Clerk's Office Jun 3, 2026 BILL NO.34-26 Bianca I irado City Clerk. South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,INDIANA FOR THE YEAR 2026 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing City budget, under Ordinance No. 11229-25 on October 13, 2025,which necessitates the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2026. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller,Mayor City of South Bend, Indiana City of South Bend,Indiana Q1 2026 Budget Adjustments-Budget Transfers budget transfers between different cost categories(i.e.personnel,supplies,services,capital)and/or different departments/divisions within the same fund) AccountI Fund Department Division Account Budget Adjustment 101-04-040-040-411201— General Fund Administration&Finance General City Personnel-Employee Benefits-Tool Allowance 800 101-04-040-040-436001— General Fund Administration&Finance General City Services&Charges-Repairs&Maint-Building R&M 800) Rationale:Transfer to cover tool allowance for City Hall management staff. 101.06-600- 500-445000— General Fund Public Works Engineering Capital Outlay-Machinery&Equip-Motor Equipment 3,799) 101.06.600. 500.432003— General Fund Public Works Engineering Services&Charges-Communication&Tranep-Travel 3,799 Rationale:Transfer to cover travel expenses. 101-03-030-030-410005— General Fund Common Council Common Council Personnel-Salaries&Wages-Seasonal&Interns 24,000 101-03-030-030-431000— General Fund Common Council Common Council Services&Charges-Professional-Other Professional Svcs 24,0001 Rationale:Transfer to cover intern wages. 1200N COUNTY-Crrv BurLDING 227 W. JEFFERSON BLVD. SOUTH BEND, I DIA A4660(-l830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, [N JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 3rd, 2026 Mr. Canneth Lee President, South Bend Common Council 4th Floor, County-City Building South Bend, [N 46601 RE: 2026 Non-Bargaining Salary Ordinance -Amended Dear President Lee: Filed in Clerk's Office Jun 3, 2026 Bianca Tirado City Clerk, outh Bend, I Attached is an ordinance amending the maximum compensation for non-bargaining employees for the calendar year 2026. We are amending the salary ordinance to create new positions and increase salaries for certain positions from the salary ordinance that are in the HLunan Rights, Venue, Parks, and Public Works Departments. Below are the amendments submitted for the 2026 Salary Ordinance. Human Rights: New Position being added •Deputy Director of Human Rights: Salary of $100,235. This position will be f1mded by Federal Grant HUD proceeds. This position will not be filled until 2027. Salary Cap Increase •Executive Director of Human Rights, salary cap increases from $101,077 to $115,000 to avoid salary compression between this position and the new Deputy Director of Human Rights position. •Housing Manager, salary cap increase from $78,005 to $90,000. This position is funded by Federal Grant -HUD proceeds. Morris PAC: Salary Cap Increases for the following positions •Manager -Event Service Maintenance, salary cap increases from $44,558 to $49,000. The cw-rent employee's salary is $45,000 so we need to increase the salary cap so the current salary is below the salary cap. •Manager -Assistant Facility Operations, salary cap increases from $43,743 to $48,200. The increase in salary cap is to keep the salary gap consistent between these two positions. Storm Sewer (Public Works Department) Title Change & Salary Cap Increase 35-26 4ilTN yt.H, rilrek Changing the title of the current MS4 Specialist position to MS4 Coordinator. Increasing the salary cap from$58,530 to$61,268. This position has taken on expanded responsibilities to maintain compliance with IDEM on storm sewer related issues. I will present this ordinance to the Common Council at the appropriate committee and council meetings scheduled for June 22n+,2026.If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, Kyle Willis City Controller Page 2 of 2 Filed in Clerk's Office Jun 3, 2026 BILL NO. 35-26 Bianca I irado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AMENDING ORDINANCE NO. 11233-25, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2026,TO INCREASE SALARIES OF CERTAIN POSITIONS WITHIN THE HUMAN RIGHTS COMMISSION,VENUES PARKS & ARTS,AND PUBLIC WORKS DEPARTMENTS STATEMENT OF PURPOSE AND INTENT On October 13, 2025, the South Bend Common Council passed Ordinance No. 11233-25, which fixed maximum salaries and wages of appointed officers and non-bargaining employees of the executive departments of the City of South Bend for the calendar year 2026. Since the enactment of Ordinance No. 11233-25,the City's executive has determined that it is appropriate and necessary to amend the list of non-bargaining City positions and their maximum salaries approved under Ordinance No. 11233-25. Specifically, this ordinance increases salaries for leadership positions within the Human Rights Commission, certain manager positions within Venues Parks & Arts, and the MS4 Specialist position within Public Works as reflected in the amended list attached to this ordinance as Exhibit A. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. Ordinance No. 11233-25 is hereby amended to include the non-bargaining positions and maximum salaries set forth in Exhibit A attached hereto. The positions affected by this ordinance are highlighted for ease of identification. SECTION II, All other portions and sections of Ordinance No. 11233-25 are unaffected by this amendment and are reconfirmed. SECTION III, This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller,Mayor City of South Bend, Indiana New Pos tllorl, : _Title Change Eliminate Title City of South Bend, Indiana Non-Standard Raise Correcting Salary 2026 Nonbargaining Salary Ordinance Update Maximum Salaries 2025 2026 Job Title Status Salary Cap Salary Cap Increase 311 Customer Service Liaison I Full Time 52,264 53,832 3.00 311 Customer Service Liason II Full Time 54,000 55,620 3.00% Accounting Clerk IV Full Time 39, 733 40, 925 3.00% Administrative Assistant I Full Time 47,366 48,787 3.00% Administrative Assistant II Full Time 48,765 50,228 3.00% Animal Welfare Assistant Full Time 45,000 48,549 7.89% Animal Welfare Officer Full Time 48,000 51,260 6.79% Applications Developer I Full Time 75,166 77,421 3.00% Applications Developer II Full Time 81,400 83,842 3.00% Assistant City Attorney Full Time 102,309 105,378 3.00% Assistant City Engineer Full Time 100,906 103,933 3.00% Assistant Director-Data&Performance Full Time 82,055 84,517 3.00% Assistant Director of Communication Center Full Time 64,521 66,457 3.00% Assistant Director of Distribution Full Time 61,293 63,132 3.00% Assistant Director of Growth&Opportunity Full Time 84,369 86,900 3.00% Assistant Director of Neighborhoods Full Time 95,400 98, 262 3.00% Assistant Director of Planning Full Time 84,369 86,900 3.00% Assistant Director of SCADA Information Systems Full Time 78,987 81,357 3.00% Assistant Director of Ticket Sales&Strategy Full Time 55,167 56,822 3.00% Assistant Manager-Customer Service Full Time 55,437 57,100 3.00% Billing Operations Specialist Full Time 65,846 67,821 3.00% Budget Analyst-Senior Full Time 74,420 76,653 3.00% Building and Code Inspector Full Time 59,463 61,247 3.00% Building Commissioner Full Time 93,304 96,103 3.00% Building Inspector Full Time 56,879 58, 585 3.00 Business&Resource Specialist Full Time 72,802 74,986 3.00% Business Analyst Full Time 63, 798 65,712 3.00% Business Development Specialist Full Time 65,535 67,501 3.00% Case Manager Full Time 55,893 57,570 3.00% Chemist Full Time 61,936 63,794 3.00% Chemist Lead Full Time 65,882 67,858 3.00% Chief Building Inspector Full Time 69,582 71,669 3.00% Chief Code Inspector Full Time 69,582 71,669 3.00% Chief Community Officer Full Time 110,622 113,941 3.00% Chief Development&Marketing Officer Full Time 113,308 116,707 3.00% Chief Digital Officer Full Time 111,136 114,470 3.00% Chief Experience Officer Full Time 110,622 113,941 3.00% Chief Innovation Officer Full Time 129,680 133,570 3.00% Chief Neigborhoods Officer Full Time 107,448 110,671 3.00% Chief of Park Operations Full Time 110,622 113,941 3.00% Chief of Staff to the Mayor Full Time 110,656 113,976 3.00% Chief of Venues&Promotions Full Time 110,622 113,941 3.00% Chief Planner Full Time 106,924 110,132 3.00% Chief Technology Officer Full Time 121,947 125,605 3.00% City Attorney Full Time 117,178 120,693 3.00% City Clerk Secretary Full Time 39,834 41,029 3.00% City Controller Full Time 139,687 143,878 3.00% City Engineer Full Time 129,051 132,923 3.00% City Hall Executive Administrator(IT) Full Time 61,000 100.00% Club Pro Municipal Golf Course Full Time 59,855 61,651 3.00% Code Inspector Full Time 50,000 51,500 3.00% Code Inspector-Senior Full Time 52,988 54,578 3.00% Commercial Combination Inspector Full Time 59,720 61,512 3.00% Communication Specialist I Full Time 43,229 44,526 3.00% Communication Specialist II Full Time 53,553 55,160 3.00% Communication Specialist III Full Time 55,491 57,156 3.00% Contract Compliance Administrator Full Time 66,831 68,836 3.00% Coordinator on Homelessness-DCI Full Time 82,400 84,872 3.00% Corporation Counsel Full Time 145,671 150,041 3.00% Court Liaison Full Time 41,614 42,862 3.00 Crime Analyst Full Time 45,587 46,955 3.00% Crime Resource Specialist Full Time 56,002 57,682 3.00% Custodian Full Time 34,967 36,016 3.00% Data Entry/Alarms Coordinator Full Time 37,917 39,055 3.00% Data Entry Specialist Full Time 44,110 45,433 3.00% Data Entry Specialist II Full Time 37,199 38,315 3.00% Deputy Building Commissioner Full Time 76,830 79,135 3.00% Deputy Chief of Staff to the Mayor Full Time 85,841 88,416 3.00% Deputy City Controller Full Time 117, 178 120,693 3.00% Deputy Director of Community Investment Full Time 117,178 120,693 3.00% Deputy Director of Human Resources Full Time 100, 170 103,175 3.00% Deputy Director of Public Works Full Time 117,178 120,693 3.00% Deputy Director of Venues, Parks&Arts Full Time 117,178 120,693 3.00% Digital(Forensic)Lab Technician Full Time 64,284 66,213 3.00% Digital Communications&Multimedia Training Coordinator Full Time 69,010 71,080 3.00% Director-Animal Resource Center Full Time 70,016 80,000 14.26% Director-Digital Services Full Time 93,212 96,008 3.00% Director-Environmental Compliance Full Time 87,128 89,742 3.00% Director- Wastewater Utility Full Time 104,680 107,820 3.00% Director- Water Operations Full Time 87,128 89,742 3.00% Director- Water Utility Full Time 104,680 107,820 3.00% Director of Applications Full Time 97,338 100,258 3.00% Director of Billing&Accounts Full Time 87,128 89,742 3.00% Director of Booking&Event Services Full Time 70,120 72,224 3.00% Director of Central Services Full Time 103,263 115,551 11.90% Director of City Finance Full Time 102,907 115,000 11.75% Director of Civic Innovation Full Time 93,028 95,819 3.00% Director of Civilian Services Full Time 71,530 73,676 3.00% Director of Communication Center Full Time 76,539 78,835 3.00% Director of Communications Full Time 76,794 79,098 3.00% Director of Communications&Radio Full Time 72,100 74,263 3.00% Director of Community Outreach Full Time 75,288 77,547 3.00% Director of Community Police Review Office Full Time 72,802 74,986 3.00% Director of Community Programming Full Time 84,004 86,524 3.00% Director of Customer Service&Success Full Time 93,028 95,819 3.00% Director of Data &Performance Full Time 93,028 95,819 3.00% Director of Department Finance Full Time 86,600 89,198 3.00% Director of Development- Venues, Parks&Arts Full Time 65,569 67,536 3.00% Director of Development&Special Events Full Time 74,481 76,715 3.00% Director of Distribution Full Time 90, 647 93,366 3.00% Director of Engagement&Economic Empowerment Full Time 92,417 95,190 3.00% Director of Engineering Services Full Time 100,906 108,978 8.00% Director of Enterprise Services&Software Full Time 97,338 100,258 3.00% Director of Equipment Services Full Time 87,550 90,177 3.00% Director of Facilities Management Full Time 77, 175 84,070 8.93% Director of Golf Operations Full Time 84,003 86,523 3.00% Director of Growth&Opportunity Full Time 92,417 95,190 3.00% Director of Human Resources Full Time 105,303 108,462 3.00% Director of Infrastructure Full Time 93,028 95,819 3.00% Director of Intellegence Full Time 75,000 77,250 3.00% Director of Legal Administration Full Time 72,100 74,263 3.00% Director of Marketing-Public Works Full Time 79,032 81,403 3.00% Director of Neighborhood Health &Housing Full Time 92,417 95,190 3.00% Director of Neighborhood Services&Enforcement Full Time 92,043 94,804 3.00% Director of Office of Sustainability Full Time 95,818 98,693 3.00% Director of Operations-Golf Full Time 84,003 86,523 3.00% Director of Operations- Venues Full Time 105,192 108,348 3.00% Director of Operations- Wastewater Full Time 90,647 93,366 3.00% Director of Project Management Full Time 97,596 100,524 3.00% Director of Public Works Full Time 139,687 143,878 3.00% Director of Purchasing Full Time 95,481 98,345 3.00% Director of Purchasing&Logistics(Police Dept) Full Time 80,210 82,616 3.00% Director of Redevelopment Engineering Full Time 115,925 119,403 3.00% Director of SCADA Information Systems Full Time 94,627 97,466 3.00% Director of Solid Waste Full Time 83,810 90,515 8.00% Director of Streets& Sewers Full Time 99,106 102,079 3.00% Director of Ticket Sales&Strategy Full Time 73,336 75,536 3.00% Director of Treasury Full Time 102,907 105,994 3.00% Director of Wastewater Maintenance Full Time 87,128 92,913 6.64% Director of Water Quality&Laboratory Full Time 87,128 89,742 3.00% Director, Project Manager Full Time 81,808 89,825 9.80% Distribution Records Drafter Full Time 68,959 71,028 3.00% Distribution System Specialist Full Time 80,256 82,664 3.00% Diversity Compliance/Inclusion Officer Full Time 100,786 103,810 3.00% Economic Specialist Full Time 64,927 66,875 3.00% Electrical and Instrumentation Manager Full Time 83,200 85,696 3.00% Engagement Specialist Full Time 65,535 67,501 3.00% Equity Arts Coordinator Full Time 63,654 65,564 3.00% Evidence Technician Full Time 48,653 50,113 3.00% Executive Administrative Assistant Full Time 51,000 52,530 3.00% Executive Assistant Full Time 63,872 65,788 3.00% Executive Assistant and Director of Special Projects Full Time 63,310 65,209 3.00% Executive Director of Community Investment Full Time 129,680 133,570 3.00% Executive Director of Human Rights Full Time 98, 133 115,000 17.19% Executive Director Venues, Parks&Arts Full Time 137,099 141,212 3.00% Federal Grant Administrator Full Time 76,830 79,135 3.00% Field Operations Supervisor Full Time 65,000 100.00% Financial Specialist I Full Time 41,786 43,040 3.00% Financial Specialist Ill Full Time 50,991 52,521 3.00% Financial Specialist IV Full Time 56,466 58,160 3.00% Financial Specialist Senior Full Time 64,576 66,513 3.00% Financial Systems Specialist Full Time 70,703 72,824 3.00% Fingerprint/Photo Technician Full Time 44,181 45, 506 3.00% Firearms IBIS/NIBIN Tech Full Time 52,595 54,173 3.00 Foreman IV Full Time 57,095 58,808 3.00% Foreman V Full Time 57,095 58,808 3.00% Forensic Lab Tech Full Time 70,127 72,231 3.00% Forensic Scientist/Firearm& Tool Mark Examiner Full Time 85,321 87,881 3.00% Forensic Scientist/Firearm& Tool Mark Examiner Trainee Full Time 70,127 72,231 3.00% General Manager-Venues Full Time 115,125 118,579 3.00% GIS Manager Full Time 73,749 75,961 3.00% GIS Specialist-Senior Full Time 63,777 65,690 3.00% Golf Hospitality Events Manager Full Time 70,000 72,100 3.00% Grants Administrator Full Time 72,073 74,235 3.00% Graphic Designer Full Time 57,095 58,808 3.00% Greenskeeper Full Time 54,175 55,800 3.00% GVl-Project Manager Full Time 68,959 71,028 3.00% Hearing Secretary Full Time 48,765 50,228 3.00% Historic Preservation Administrator Full Time 65,535 67,501 3.00% Historic Preservation Specialist Full Time 58,287 60,036 3.00% Horticulturist Tech Full Time 57,095 58,808 3.00% Housing Counselor Full Time 76,830 79,135 3.00% Human Resource Generalist-Senior Full Time 75,820 78,095 3.00% Human Resources Generalist Full Time 56,467 58,161 3.00% Human Resources Generalist/Benefits Coordinator Full Time 48,641 50,100 3.00% Human Resources Specialist III Full Time 52,998 54,588 3.00% HVAC Technician Full Time 57,095 58,808 3.00% Industrial Pretreatment Specialist I Full Time 62,867 64,753 3.00% Inventory Control Technician II Full Time 43,873 45,189 3.00% Investigator I/Intake Coordinator Full Time 60,415 62,227 3.00% Investigator II Full Time 63,815 65,729 3.00% Investigator Ill Full Time 65,000 66,950 3.00% Laboratory Technician Full Time 39,834 41,029 3.00% Latent Fingerprint Examiner Full Time 64,284 66,213 3.00% License Clerk Full Time 45,587 46,955 3.00% Licensing&Registration Administrator Full Time 61,444 63,287 3.00% Locator Full Time 50,307 51,816 3.00% Logistics Specialist Full Time 45,587 4 6,955 3.00% Maintenance Technician Full Time 58,439 60,192 3.00% Manager-Aquatics Full Time 62,723 64,605 3.00% Manager-Assistant Facility Operations Full Time 42,469 48,200 13.49% Manager-Athletics Full Time 62,723 64,605 3.00% Manager-Benefits Full Time 73,000 75,190 3.00% Manager-Billing&Customer Accounts Full Time 67,109 69,122 3.00% Manager-Business Development Full Time 79,000 81,370 3.00% Manager-Center Full Time 62,723 64,605 3.00% Manager-Credit&Collections Full Time 67,109 69,122 3.00% Manager-Cross Connection & Water Loss Full Time 76,234 78,521 3.00% Manager-CSO Operations Full Time 72,209 74,375 3.00% Manager-Customer Service Full Time 64,741 66,683 3.00% Manager-Customer Success 67,821 69,856 3.00% Manager-Employee Safety Full Time 71,802 73,956 3.00% Manager-Employment(Human Rights) Full Time 72,100 74,263 3.00% Manager-Enterprise Software Full Time 70,703 72,824 3.00% Manager-Event Service Maintenance Full Time 43,260 49,000 13.27% Manager-Events Full Time 57,095 58,808 3.00% Manager-Facility Operations Full Time 60,093 61,896 3.00% Manager-Facility Operations(MPAC) Full Time 70,120 72,224 3.00% Manager-Housing(Human Rights)Full Time 72,100 90,000 24.83% Manager-Inclusion Project Full Time 68,983 71,052 3.00% Manager-Industrial Pretreatment Full Time 71,746 73,898 3.00% Manager-Infrastructure Full Time 78,987 81,357 3.00% Manager-Interactive Marketing Full Time 57,095 58,808 3.00% Manager-Maintenance Full Time 76,609 78,907 3.00% Manager-Maintenance (MPAC) Full Time 70,121 72,225 3.00% Manager-Marketing Full Time 66,496 68,491 3.00% Manager-Meter Service Full Time 76,608 78,906 3.00% Manager-Neighborhood Grants Full Time 76,830 79,135 3.00% Manager-Operations 81,808 84,262 3.00% Manager-Operations-Distribution Full Time 77,967 80,306 3.00% Manager-Operations-Forester Full Time 73,374 75,575 3.00% Manager-Park Grounds Manager Full Time 73,374 75,575 3.00% Manager-Parks Full Time 77,112 79,425 3.00% Manager-Permits Full Time 57,767 59,500 3.00% Manager-Print Shop Full Time 56,160 57,845 3.00% Manager-Production Full Time 58,215 59,961 3.00% Manager-Property&Evidence Full Time 51,263 52,801 3.00% Manager-Property Development Full Time 76,830 79,135 3.00% Manager-Public Construction Full Time 82,400 84,872 3.00% Manager-Records Bureau Full Time 44,563 45,900 3.00% Manager-Service Contracts&General Supplies Full Time 72,100 74,263 3.00 Manager-Service Line Repair Full Time 76,608 78,906 3.00% Manager-Services Full Time 70,703 72,824 3.00% Manager-Sewer Operations Full Time 78,987 81,357 3.00% Manager-Solid Waste Operations Full Time 73,648 75,857 3.00% Manager-Special Events Full Time 66,496 68,491 3.00% Manager-Special Events Full Time 57,095 58,808 3.00% Manager-Streets Full Time 77,967 80,306 3.00% Manager-Traffic&Lighting Full Time 77,967 80,306 3.00% Manager- Wastewater Purchasing&Inventory Full Time 63,822 65,737 3.00% Manager- Water Distribution Services&Records Full Time 68,959 71,028 3.00% Manager- Wireless Construction Full Time 77,140 79,454 3.00% Manager-Youth Employment Full Time 62,723 64,605 3.00% Manager 311 Customer Service Full Time 67,806 69,840 3.00% MS4 Specialist Full Time 56,650 61,268 8.15% Neighborhood Program Specialist Full Time 65,564 67,531 3.00% Neighborhood Program Specialist-Lead Full Time 65,564 67,531 3.00% Network Engineer Full Time 74,098 76,321 3.00% Non Bargaining Maximum Hourly Rate(excluding above)Part Time 35 36.05 3.00% Operations Specialist Full Time 76,608 78,906 3.00% Ordinance Violation Bureau Clerk Full Time 53,754 55,367 3.00% OVP Program Manager Full Time 56,171 58,494 4.14% Paralegal Full Time 63,816 65,730 3.00% Permitting&Licensing Compliance Specialist Full Time 56,879 58,585 3.00% Police Crime Intelligence Analyst I Full Time 50,923 52,451 3.00% Police Crime Intelligence Analyst II Full Time 65,157 67,112 3.00% Preventative Maintenance Coordinator Full Time 49,247 50,724 3.00% Preventative Maintenance Coordinator II Full Time 51,358 52,899 3.00% Principal Planner Full Time 76,830 79,135 3.00% Product Manager Full Time 63,519 65,425 3.00% Program Coordinator Full Time 57,095 58,808 3.00% Program Coordinator-Recreation Full Time 47,042 48,453 3.00% Program Coordinator-Recreation-MLK Full Time 57,096 58,809 3.00% Program Manager Transportation Full Time 70,361 72,472 3.00% Project Engineer Full Time 79,382 81,763 3.00% Project Inspector Full Time 79,382 68,500 13.71 Project Manager Full Time 63,519 65,425 3.00% Project Manager-Part Time Part Time 45,902 47,279 3.00% Project Manager-Sustainability Full Time 63,519 65,425 3.00% Property Development Analyst Full Time 65,535 67,501 3.00% Property Inspector Full Time 65,535 67,501 3.00% Property/Evidence Custodian-Senior Full Time 42,779 44,062 3.00% Public Access Coordinator Full Time 43,067 44,359 3.00% Public Relations Specialist Full Time 53,078 54,670 3.00% Public Service Officer Full Time 39,342 40,522 3.00% Quality Assurance Distribution Technician Full Time 49,828 51,323 3.00% Radio Equipment Installation Technician Full Time 51,565 53,112 3.00% Radio Technician I Full Time 56,672 58,372 3.00% Radio Technician Ill Full Time 67,103 69,116 3.00% Records Specialist Full Time 41,578 42,825 3.00% Records Supervisor Full Time 63,023 64,914 3.00% Residential Combination Inspector Full Time 56,879 58,585 3.00% SCADA Instrument Specialist Full Time 66,631 68,630 3.00% SCADA Integration Analyst-Waste Water Full Time 83,430 92,913 11.37% Secretary Ill Full Time 35,627 36,696 3.00% Secretary IV Full Time 37,815 38,949 3.00% Secretary V Full Time 39,834 41,029 3.00% Security Guard Full Time 43,245 44,542 3.00% Senior Assistant City Attorney Full Time 110, 725 114,047 3.00% Senior Billing Operations Specialist Full Time 70,703 72,824 3.00% Senior Director of Department Finance Full Time 96,308 100.00% Senior Engineer Full Time 86,447 89,040 3.00% Senior Financial Officer Full Time 70,000 72,100 3.00% Senior Inspector Full Time 76,220 78,507 3.00% Senior Planner Full Time 70,806 72,930 3.00% Senior Purchasing Agent Full Time 65,000 66,950 3.00% Senior Staff Accountant Full Time 93,503 96,308 3.00% Senior Staff Accountant Full Time 93,503 96,308 3.00% Shelter Operations Supervisor Full Time 57,000 65,000 14.04% Shift Lead Full Time 50,752 52,275 3.00% Site Acquisition Specialist Full Time 78,309 80,658 3.00% Software Specialist Full Time 63,519 65,425 3.00% Solution Designer Full Time 63,798 65,712 3.00% Specialist of Infrastructure Full Time 65,195 67,151 3.00% Specialist of Services Full Time 65,195 67,151 3.00% Staff Accountant Full Time 68,959 71,028 3.00% Stock Room &Safety Coordinator Full Time 59,136 60,910 3.00% Superintendent II Full Time 59,375 61,156 3.00% Superintendent Ill Full Time 64,864 66,810 3.00% Superintendent Ill-Central Services-Building Maintenance Full Time 67,504 Superintendent IV Full Time 64,521 66,457 3.00% Superintendent V Full Time 67,282 69,300 3.00% Supervisor-Accounts Payable Full Time 59,841 61,636 3.00% Supervisor-Communication I Full Time 59,361 61,142 3.00% Supervisor-Communication II Full Time 61,296 63,135 3.00% Supervisor-Crime Laboratory Full Time 80,647 83,066 3.00% Supervisor-Fitness/Wellness Full Time 42,220 43,487 3.00% Supervisor-Maintenance Mechanic Full Time 70,040 72,141 3.00% Supervisor-Operations Full Time 70,121 72,225 3.00% Supervisor-Payroll Full Time 67,478 75,000 11.15% Supervisor-Signal Full Time 66,631 68,630 3.00% Supervisor- Youth Full Time 53,114 54,707 3.00% System Specialist I Full Time 54,841 56,486 3.00% System Specialist II Full Time 65,194 67,150 3.00% System Specialist IV Full Time 78,987 81,357 3.00% Technology Equity Manager Full Time 70,361 72,472 3.00% Utility Safety Officer Full Time 66,950 68,959 3.00% Violence Prevention Coordinator II Full Time 47,125 48,539 3.00% Volunteer Coordinator Full Time 57,095 58,808 3.00% Water Asset Specialist Full Time 58,137 59,881 3.00% Water Quality Specialist Full Time 68,481 70,535 3.00% Web Manager Full Time 68,359 70,410 3.00% Workforce Development Coordinator Full Time 74,228 76,455 3.00% Zoning Administrator Full Time 76,830 79,135 3.00% Zoning Specialist Full Time 65, 535 67,501 3.00% Part Time Positions SBARC Veterinarian Part Time 125,000 125,000 0.00% City Engineer(hourly rate) Part Time 47.38 48.80 3.00% Non Bargaining Maximum Hourly Rate(excluding above) Part Time 35.42 36. 48 3.00% City Minimum Wage for All Positions City Minimum Wage All Positions 12.88 13.27 3.00% South Bend City Hall 215 5. Dr. Martin Luther King Jr. Blvd. Suite 500 South Bend, IN 46601 James Mueller, Mayor I � ., ; s �� Phone Email Website 311 inside City limits 311@southbendin.gov South bend in.gov Filed in Clerk's Office Jun 3, 2026 City of South Bend Bianca I 1rado City Clerk, outh Bend, Department of Community Investment June 2, 2026 Council Member Canneth Lee President South Bend Common Council South Bend City Hall, 3rd Floor South Bend, Indiana 46601 Chairperson Community Investment Committee South Bend Common Council South Bend City Hall, 3rd Floor South Bend, Indiana 46601 RE: Bill No. 36-26: An Ordinance of the Common Council of the City of South Bend, Indiana, Authorizing Payments in lieu of Taxes for the renovation of Beacon Heights Dear President Lee and Chairperson Please find attached Bill o. 36-26 for first reading, which has been filed for the Common Council's consideration pursuant to Indiana Code 36-1-8-l 4.3(e). Indiana Code 3 6-1-8-14.3 et seq. authorizes the City to enter into a payment in lieu of taxes (PILOT) agreement with a property owner of a qualifying affordable housing development. Such an agreement sets the amount and schedule of each payment, which the City must deposit into an affordable housing fund and is used to directly support the development, preservation, or accessibility of affordable housing within the community. Bill No. 36-26 provides the necessary authorization for a PILOT for Beacon Heights Apartments, a renovation of an existing affordable housing development located on Ardmore Trail, just west of Bendix Drive and to be owned by SAC Beacon Preservation LLC. Beacon Heights is a planned redevelopment of an existing 170-unit affordable housing development by developer L+M Development Partners, a company specializing in renovating affordable housing developments. The project anticipates an award of low-income housing tax credits by the Indiana Housing and <;ommunity Development Authority. All 170 units for this 36-26 lb'. City of South Bend Community Investment project will be reserved for households earning at or below 60 percent of the area median income. Bill No. 36-26 would also authorize and approve the form of the PILOT Agreement with Beacon Heights Preservation LLC, and would authorize its execution and delivery by the Mayor on behalf of the City. A form of Agreement is enclosed with this Bill for filing, and the final agreed- upon version will be submitted as a Substitute Bill prior to the date for public hearing. The Council's adoption of Bill No. 36-26, the execution of the PILOT Agreement, and the continued support of the established affordable housing fund are actions necessary to ensure the success of the Beacon Heights development and address the need to preserve quality affordable housing in South Bend. Sincerely, 7-7/ Joseph Molnar Deputy Director of Community Investment III Filed in Clerk's Office Jun 3, 2026 BILL NO.36-26 Bianca Tirado City Clerk, South Bend, [N ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PAYMENTS IN LIEU OF TAXES FOR BEACON APARTMENTS PRESERVATION LLC STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana(the"City")is a duly organized municipal corporation and political subdivision under the laws of the State of Indiana, and the Common Council of the City is the legislative body of the City(the"Common Council"). Beacon Apartments Preservation LLC (the "Owner") has confirmed to the City that the Owner will develop, own, and operate an affordable rental apartment facility on the+/-22.6 acre site located at 3429 Ardmore Trail, South Bend, Indiana and identified as Parcel Number 71-08- 04-203-031.000-026 in the St. Joseph County Assessor's records which real estate is legally described on Exhibit A attached hereto (the "Property"), and known as Beacon Heights Apartments (the"Project"). The Project will be developed, renovated, and operated for the purpose of providing housing to income eligible persons under the federal low-income housing tax credit program in 26 U.S.C. §42 and will be subject to an extended use agreement under 26 U.S.C. §42 (the"Extended Use Agreement")as administered by the Indiana Housing and Community Development Authority IHCDA") for a period of at least thirty(30)years. Pursuant to the Extended Use Agreement,the Project will be available for rent to residents whose incomes average 60%or less of the applicable area median income. Additionally, pursuant to the Extended Use Agreement, the Project will be limited to charging rents as determined in accordance with the IHCDA Extended Use Agreement and, from- time to time,by the United States Department of Housing and Urban Development(the"Restricted Rents"). The Owner qualifies as a "property owner" under I.C. 36-1-8-14.3(d) and the Owner has agreed to make certain payments in lieu of taxes (each payment, a"PILOT", and collectively, the PILOTs"),and the City and Owner desire to document that agreement in a written agreement(the PILOT Agreement"). The City is authorized to enter into the PILOT Agreement pursuant to I.C. 36-1-8-14.3 et seq.,and pursuant to I.C.36-1-8-14.3(e),subject to the approval of a property owner,the governing body of a political subdivision may adopt an ordinance to require the property owner to pay PILOTs at times set forth in the ordinance with respect to property that is subject to an exemption under I.C. 6-1.1-10- 16.7. Pursuant to I.C. 6-1.1-10-16.7,for assessment dates after December 31,2021,all or part of a property is exempt from property taxation if the owner of the property has entered into an agreement to make payments in lieu of taxes under I.C. 36-1-8-14.3. The PILOTs must be calculated so that the PILOTs are in an amount that is: (1) agreed upon by the property owner and the governing body of the political subdivision; (2) a percentage of the property taxes that would have been levied by the governing body for the political subdivision upon the property if the property were not subject to an exemption from property taxation; and (3) not more than the amount of property taxes that would have been levied by the governing body for the political subdivision upon the property if the property were not subject to an exemption from property taxation. The form of the PILOT Agreement is attached to this Ordinance as Exhibit B. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Recitals. The above recitals are incorporated herein by reference as though set forth fully herein below. SECTION II. Approval of PILOTs. As more specifically provided in accordance with the form of PILOT Agreement, the Common Council hereby approves PILOTs for the Property in annual sums as follows: Year 1 2,000 Year 16 81,150 Year 2 2,060 Year 17 83,585 Year 3 2,122 Year 18 86,093 Year 4 2,186 Year 19 88,676 Year 5 2,252 Year 20 91,336 Year 6 2,320 Year 21 94,076 Year 7 2,390 Year 22 96,898 Year 8 2,462 Year 23 99,805 Year 9 2,536 Year 24 102,799 Year 10 2,612 Year 25 105,883 Year 11 70,000 Year 26 109,059 Year 12 72,100 Year 27 112,331 Year 13 74,263 Year 28 115,701 Year 14 76,491 Year 29 119,172 Year 15 78,786 Year 30 122,747 SECTION III. Authorization and Approval of Form of PILOT Agreement. The Common Council hereby authorizes and approves the form of the PILOT Agreement and authorizes its execution and delivery by the Mayor on behalf of the City substantially in the form attached hereto and incorporated herein by reference as Exhibit B, all for the purposes contemplated herein. SECTION IV. Recording of Executed Ordinance. The City Clerk is directed to provide an executed copy of this Ordinance, as approved, and a copy of the executed PILOT Agreement to the Owner for the Owner to record with the St. Joseph County Recorder's Office and for the Owner to file the recorded Ordinance and PILOT Agreement with the City Clerk's Office, the St. Joseph County Assessor's Office, the St. Joseph County Auditor's Office, and the St.Joseph County Treasurer's Office. SECTION V. Further Authorizations. The Common Council hereby requests, authorizes,and directs the Mayor, Common Council President, Controller and the City Clerk,and all official officers, members, employees, and agents of the City, and each of them, for and on behalf of the City,to negotiate,prepare, execute,and deliver any and all other instruments, letters, certificates, agreements, and documents as are determined to be necessary or appropriate to consummate the transactions contemplated by this Ordinance, and such determination shall be conclusively evidenced by the execution thereof. The instruments,letters,certificates,agreements, and documents necessary or appropriate to consummate the transactions contemplated by this Ordinance shall, upon execution, as contemplated herein, constitute the valid and binding obligations or representations and warranties of the City, the full performance and satisfaction of which by the City is hereby authorized and directed. SECTION VI. Effectiveness. This Ordinance shall be in full force and effect from and after its adoption and the procedures required by law.This Ordinance remains in full force and effect until repealed or modified by the Common Council, subject to the approval of the Owner. Signature Page Follows] Duly passed and adopted on this day of 2026 by the Common Council of the City of South Bend, Indiana. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller,Mayor City of South Bend, Indiana EXHIBIT A Property ALL THAT CERTAIN LOT,PIECE OR PARCEL OF LAND,WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE CITY OF SOUTH BEND, COUNTY OF ST JOSEPH,STATE OF INDIANA. THAT PART OF THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH,RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 77, BRENTWOOD ESTATES,FIRST ADDITION,SECTION B;THENCE NORTH 89° 49' 39"WEST,720.02 FEET TO AN IRON PIPE FOUND; THENCE NORTH 000 08' 09" EAST 552.33 FEET TO AN IRON PIPE FOUND; THENCE SOUTH, 89°45' 23"EAST 253.28 FEET TO AN IRON PIPE FOUND; THENCE SOUTH 00°03' 36" WEST 68.80 FEET TO AN IRON PIPE FOUND;THENCE SOUTH 89°47'28"EAST 213.85 FEET TO AN IRON PIPE FOUND;THENCE NORTH 00° 17' 11"EAST 68.74 FEET TO AN IRON PIPE FOUND;THENCE SOUTH 89°47'48"EAST 253.15 FEET TO AN IRON PIPE FOUND;THENCE SOUTH 00°07' 04"WEST 88.64 FEET TO A CONCRETE MONUMENT FOUND; THENCE NORTH 89° 59' 40" EAST 736.67 FEET TO A RE-BAR FOUND;THENCE CONTINUING NORTH 89°59'40"EAST 31.00 FEET;THENCE SOUTH 00° 24'47"WEST 596.92 FEET TO A CONCRETE MONUMENT FOUND; THENCE CONTINUING SOUTH 00°24' 47"WEST, 32.80 FEET TO THE CENTER LINE OF ARDMORE TRAIL(ALSO KNOWN AS CRUMSTOWN AVE.),60.00 FEET RIGHT-OF-WAY; THENCE SOUTH 66° 33' 51" WEST, ALONG THE CENTER LINE OF SAID ARDMORE TRAIL, 835.40 FEET; THENCE NORTH 00° 11' 44" EAST, 498.85 FEET, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT A POINT WHICH IS THE INTERSECTION OF THE SOUTHERLY LINE OF LINCOLN WAY WEST AND THE WEST LINE OF A RIGHT-OF-WAY 19 FEET IN WIDTH AS DEDICATED IN THE RECORDED PLAT OF ALWARD'S ADDITION TO THE CITY OF SOUTH BEND;THENCE SOUTH ALONG THE WEST LINE OF SAID 19 FOOT RIGHT-OF-WAY A DISTANCE OF 633.09 FEET TO THE POINT OF BEGINNING, WHICH IS THE NORTHEAST CORNER OF BEACON HEIGHTS ADDITION;THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SAID 19 FOOT RIGHT- OF-WAY,A DISTANCE OF 330 FEET;THENCE WEST ALONG A LINE AT RIGHT ANGLES TO THE LINE JUST DESCRIBED A DISTANCE OF 21 FEET; THENCE NORTH AND PARALLEL TO SAID RIGHT-OF-WAY TO THE NORTH LINE OF SAID BEACON HEIGHTS;THENCE EAST ALONG THE NORTH LINE OF SAID BEACON HEIGHTS,21 FEET TO THE POINT OF BEGINNING. NOTE:BEING PARCEL NO.018-2193-7236,OF THE CITY OF SOUTH BEND,COUNTY OF ST JOSEPH. EXHIBIT B Form of PILOT Agreement See Attached) Parcel Identification No.: 71-08- 04-203-031.000-026 PILOT AGREEMENT THIS PILOT AGREEMENT (this"PILOT Agreement") is entered into to be effective as of this day of - 2026, (the "Effective Date"), by and among the CITY OF SOUTH BEND, INDIANA, a municipal corporation and political subdivision of the State of Indiana (the "City"), and Beacon Apartments Preservation LLC (the "Owner," with each of the City and the Owner sometimes being individually referred to as a"Party"and collectively as the Parties"). RECITALS WHEREAS, the City is a duly organized municipal corporation and political subdivision under the laws of the State of Indiana,and the Common Council of the City is the legislative body of the City(the"Common Council"); WHEREAS,the managing member of the Owner is SAC Beacon Preservation LLC; WHEREAS, the Owner has confirmed to the City that the Owner will develop, own, and operate an affordable rental apartment facility on the +/- 22.6 acre site located at 3429 Ardmore Trail, South Bend, Indiana and identified as Parcel Number 71-08- 04-203-031.000- 026 in the St. Joseph County Assessor's records which real estate is legally described on Exhibit A attached to and made a part of this PILOT Agreement (the "Property"), and known as Beacon Heights Apartments(the"Project"); WHEREAS, the Project will provide affordable housing to low-income residents whose incomes average 60%or less of the applicable area median income; WHEREAS, the Project will be financed utilizing federal low-income housing tax credits under the federal low-income housing tax credit program described in 26 U.S.C. § 42; WHEREAS, the Project will be subject to an extended use agreement which is described in 26 U.S.C. § 42 (the "Extended Use Agreement") as administered by the Indiana Housing and Community Development Authority(the"IHCDA") for a period of at least thirty(30)years; 1 WHEREAS,pursuant to 26 U.S.C. §42 and the Extended Use Agreement,the Project will be available for rent to residents whose incomes average 60%or less of the applicable area median income(the"Restricted Residents"); WHEREAS,pursuant to 26 U.S.C. §42 and the Extended Use Agreement,the Project will be limited to charging rents as determined, from time-to-time by the United States Department of Housing and Urban Development(the"Restricted Rents"); WHEREAS, since the Project will constitute property described in 26 U.S.C. § 42, the Project will be subject to the Extended Use Agreement, and the Parties have entered into this PILOT Agreement, the Owner qualifies as a "property owner" under Indiana Code § 36-1-8- 14.3(d); WHEREAS, the Owner has agreed to make certain payments-in-lieu-of-taxes as set forth in this PILOT Agreement; WHEREAS,the City is authorized to enter into this PILOT Agreement pursuant to Indiana Code § 36-1-8-14.3 et seq.; and WHEREAS, in order to provide for the successful development, financing and operation of the Project, the Owner and the City are entering into this PILOT Agreement, which the City represents has been ratified by the Common Council. NOW,THEREFORE, in consideration of the foregoing premises, mutual covenants, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: AGREEMENT Section 1. Owner Compliance. Section 1.1 (a) Owner acknowledges that in order to qualify for property tax exemption for the Property under Indiana Code§6-1.1-10-16.7,the Project must be in compliance with the requirements of§6-1. 1-10-16.7. b) Owner further acknowledges that: i) the mere execution of this PILOT Agreement does not confer any property tax exemption on the Property under Indiana Code § 6-1.1-10-16.7; ii) in order to obtain any such property tax exemption or partial exemption under Indiana Code § 6-1.1-10-16.7, the Owner must timely file its property tax exemption application, including renewal applications, if any are required, with the St. Joseph County Assessor requesting an exemption pursuant to Indiana Code § 6-1.1-10- 16.7 from Owner's obligation to pay all or any portion of its real and personal property taxes on the Property; and 2 iii) the Owner must meet its burden of proof under Indiana law pursuant to the normal application and determination process applicable to Indiana Code § 6-1.1-10- 16.7 to qualify for and receive such exemption. Section 2. Payment In Lieu of Taxes. Section 2.1. a) The Owner has agreed to make payments in lieu of taxes as described herein in consideration of the cooperation and support of the City for successful development, financing and operation of the Project, which includes, but is not limited to, the public promotion and support for the Project.The annual amount payable by the Owner to the City hereunder (the "Annual in Lieu of Amount") shall be in the annual sums as follows: Year 1 2,000 Year 16 81,150 Year 2 2,060 Year 17 83,585 Year 3 2,122 Year 18 86,093 Year 4 2,186 Year 19 88,676 Year 5 2,252 Year 20 91,336 Year 6 2,320 Year 21 94,076 Year 7 2,390 Year 22 96, 898 Year 8 2,462 Year 23 99,805 Year 9 2,536 Year 24 102,799 Year 10 2,612 Year 25 105,883 Year 11 70,000 Year 26 109,059 Year 12 72,100 Year 27 112, 331 Year 13 74,263 Year 28 115,701 Year 14 76,491 Year 29 119,172 Year 15 78,786 Year 30 122,747 b) The Annual in Lieu of Amount has been negotiated between the City and the Owner in accordance with Indiana Code § 36-1-8-14.3(f), and by specifically taking into account the applicable provisions of Indiana Code § 6-1.1-4-40, Indiana Code § 6-1.1-4-41, and Indiana Code §6-1.1-10- 16. c) The Owner will pay all property taxes due on the Property until such time as the Owner complies with the requirements to secure the property tax exemption for the Property described in Section 1.1(b). Section 2. 2. The Annual in Lieu Amount payable by Owner with respect to the Property shall be imposed as property taxes and payable in two equal installments due and payable on or before May 10 and November 10 of each successive calendar year, with the initial installment of the payment becoming due and payable on May 10 of the year following the Project's final 3 building receiving its Certificate of Occupancy (the "C of 0") from the City (each payment, a PILOT", and collectively, the "PILOTs"). Upon receipt by the Owner of an Annual In Lieu Amount bill from the Controller of the City, the Owner shall remit its semi-annual PILOT to the City at the Office of the Controller on or before each installment due date. Subject to Section 2.4, the aggregate annual amount of each year's semi-annual PILOT shall not exceed the Annual in Lieu of Amount. Section 2.3. The obligation of the Owner to pay the Annual In Lieu of Amounts shall be subordinate to the obligations of the Owner with respect to the Owner's obligation to make debt service payments on any financing which may now or in the future be secured by a mortgage on the Property. The City agrees to execute whatever documents any lender to the Owner now or in the future may require which are commercially reasonable in order to confirm the foregoing subordination. Section 2. 4. The City shall have the right to enforce the payment of all PILOTs when due, including all penalties, costs, and expenses imposed under Indiana Code § 6-1. 1-22-1, et. seq., and Indiana Code§6-1. 1-37-1,et seq. or any statute which amends or replaces them for delinquent PILOTs, in the same manner as the City enforces the obligations of non-exempt taxpayers. Section 3 Term. Section 3.1. Except as otherwise provided in Section 4, the PILOT Agreement and applicable PILOTs required hereunder shall continue for a period of thirty (30) years beginning with the initial year that a PILOT is made by the Owner to the City (the "Initial Term"). The Initial Term may be extended by a mutual, written agreement of the Parties. Section 4. Termination. Section 4.1. City or Owner may terminate this PILOT Agreement at any time upon a material breach of this PILOT Agreement or failure to perform any term of this PILOT Agreement by the other, unless such material breach or failure is cured within thirty (30) days after written notice is given to the party in material breach;provided,however,that if any such claimed material breach or failure is of a nature that it cannot be cured within thirty (30) days, a non-breaching party shall not have the right to terminate this PILOT Agreement as long as the party in material breach is diligently pursuing appropriate action to cure the material breach or failure within a total of forty-five (45) days if such action was commenced within thirty (30) days after the giving of notice of the material breach or failure. Section 4.2. Neither City nor Owner shall have any further obligations hereunder except for those obligations accruing prior to the date of termination and those post-termination obligations enumerated in this PILOT Agreement. Section 5. General Provisions. 4 Section 5.1. Conditions Precedent to Agreement. Notwithstanding any other provision herein, this Agreement shall be conditioned upon: a) the Owner having legal title to the Property; and b) the Owner executing and recording the Extended Use Agreement providing for a total term of the low-income housing affordability restrictions of at least thirty(30)years. Section 5.2. Captions; Incorporation and Exhibit. The captions and headings of various Sections and Exhibits referenced herein are for convenience only and are not to be considered as defining or limiting in any way the scope or intent of the provisions hereof. Notwithstanding the foregoing, each of the Recitals and the Exhibits referenced herein are incorporated and expressly made a part hereof. Section 5.3. Entire Agreement. This PILOT Agreement constitutes the entire agreement of the Parties with respect to the subject matter contained herein, and all prior discussions, negotiations, and document drafts are merged herein. Section 5.4. Notices. Any notice, demand, request, or other communication which any Party hereto may be required or may desire to give hereunder shall be in writing, addressed as follows and shall be deemed to have been properly given if hand delivered (effective upon delivery), if sent by reputable overnight courier, charges prepaid (effective the business day following delivery to such courier): If to Owner: Beacon Apartments Preservation LLC 1865 Palmer Ave. FI 2ND Larchmont, NY 10538 Attention: Jeffrey Moelis, Managing Director Telephone: (212)233-0495 x109 Email: imoelis 2i lmpd.com With a copy to: Matthew Carr FBT Gibbons LLP 111 Monument Circle, Suite 4500 Indianapolis, IN 46204 If to City:City of South Bend, Indiana South Bend City Hall 215 S. Dr. Martin Luther King Jr. Blvd., Suite 500 South Bend, Indiana 46601 Attn: Executive Director, South Bend Department of Community Investment With a copy to: South Bend Legal Department 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600 South Bend, Indiana 46601 5 Attn: Corporation Counsel Email: legaldept@southbendin.gov or at such other address as the Party to be served with notice may have furnished in writing to the Party seeking or desiring to serve notice as a place for the service of notice. Notices given in any other manner shall be deemed effective only upon receipt. Section 5.5. Modification, Amendment, or Waiver. No modification, waiver, amendment, discharge, or change of this PILOT Agreement shall be valid unless the same is in writing and signed by all Parties. Section 5.6. Governing Law. This PILOT Agreement shall be governed by and construed under the laws of the State of Indiana. Suit, if any,shall be brought in St.Joseph County, Indiana. Section 5. 7. Execution in Counterparts. This PILOT Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts,each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Section 5.8. Severability. If any provision of this PILOT Agreement is determined by a court having jurisdiction to be illegal, invalid, or unenforceable under any present or future law, the remainder of this PILOT Agreement will not be affected thereby. It is the intention of the parties that if any provision is so held to be illegal, invalid, or unenforceable, there will be added in lieu thereof a provision as similar in terms to such provision as is possible that is legal, valid, and enforceable. Section 5. 9. No Joint Venture. Nothing contained in this PILOT Agreement will be construed to constitute Owner as a joint venturer with City or to constitute a partnership between Owner and City. Section 5.10. Construction. The Parties acknowledge that each Party and each Party's counsel have reviewed and revised this PILOT Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this PILOT Agreement or any amendments or schedules hereto. Section 5.11. Authorization. The persons executing and delivering this PILOT Agreement on behalf of the Parties hereto represent and warrant to the other Party that such person is duly authorized to act for and on behalf of said Party and execute and deliver this PILOT Agreement in such capacity as is indicated below. Section 5.12. Assignment/Successor. This PILOT Agreement shall be binding upon the City and Owner, and all successors, grantees, or assignees of Owner with respect to the Property or any portion thereof) which would otherwise be entitled to claim an exemption for real and personal property taxes imposed on the Property. Section 5.13. Recording. The Owner will cause, at Owner's expense, this PILOT Agreement, the Ordinance of the Common Council approving this PILOT Agreement (the Ordinance") and any other instruments of further assurance to be promptly recorded, filed, and registered as provided in the Ordinance, and at all times to be recorded, filed, and registered, in such manner and in such places as may be required by law to preserve and protect fully the rights of the City hereunder as to all of the mortgaged property. In the event the owner does not record and file the PILOT Agreement and the Ordinance, as provided in the Ordinance,within thirty(30) days of the later of(i) adoption of the Ordinance by the Common Council and (ii) execution of this PILOT Agreement by all parties thereto,the City will cause, at Owner's expense,this PILOT Agreement and the Ordinance to be recorded and filed as provided in the Ordinance, the expense of which will be reimbursed by the Owner to the City. Section 5.14 Incorporation of Recitals.The recitals contained in this PILOT Agreement are incorporated into the operative provisions of this PILOT Agreement as if separately restated and are true and correct. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, the undersigned Parties have caused the execution of this PILOT Agreement by their duly authorized representatives as of the day, month, and year first above written, but to be effective as of the Effective Date. CITY OF SOUTH BEND, INDIANA James Mueller. Mayor STATE OF INDIANA SS: COUNTY OF ST.JOSEPH Before me, a Notary Public, in and for said County and State, personally appeared James Mueller, in his capacity as the Mayor, acting for and behalf of the City of South Bend, Indiana, and who,having been duly sworn, stated that any and all representations and warranties contained therein are true and correct in all material respects. Witness my hand and Notarial Seal this day of 202_. Notary Public Printed Name My Commission Expires: My County of Residence: EXECUTIONS CONTINUED ON FOLLOWING PAGE] OWNER: Beacon Apartments Preservation LLC By: SAC Beacon Preservation LLC, its Managing Member By: Jeffrey Moelis, Authorized Signatory STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public, in and for said County and State, personally appeared in his capacity as the who acknowledged the execution of the foregoing instrument as such acting for and on behalf of said and who, having been duly sworn, stated that any and all representations and warranties contained therein are true and correct in all material respects. Witness my hand and Notarial Seal this_day of 202_. Notary Public Printed Name My Commission Expires: My County of Residence: 9 Prepared by and return after recording to: Jenna K. Throw, City Attorney, City of South Bend, 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600, South Bend, IN 46601 I affirm under penalties for perjury,that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Jenna K.Throw 10 EXHIBIT A The Land referred to herein below is situated in the County of St. Joseph, State of Indiana, and is described as follows: ALL THAT CERTAIN LOT,PIECE OR PARCEL OF LAND,WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE CITY OF SOUTH BEND, COUNTY OF ST JOSEPH,STATE OF INDIANA. THAT PART OF THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH,RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 77, BRENTWOOD ESTATES,FIRST ADDITION,SECTION B;THENCE NORTH 89°49' 39"WEST,720.02 FEET TO AN IRON PIPE FOUND; THENCE NORTH 000 08' 09"EAST 552.33 FEET TO AN IRON PIPE FOUND; THENCE SOUTH, 89°45' 23"EAST 253.28 FEET TO AN IRON PIPE FOUND;THENCE SOUTH 00°03' 36" WEST 68. 80 FEET TO AN IRON PIPE FOUND;THENCE SOUTH 89°47' 28"EAST 213.85 FEET TO AN IRON PIPE FOUND;THENCE NORTH 00° 17' 11"EAST 68.74 FEET TO AN IRON PIPE FOUND;THENCE SOUTH 89°47' 48"EAST 253.15 FEET TO AN IRON PIPE FOUND;THENCE SOUTH 00°07' 04"WEST 88.64 FEET TO A CONCRETE MONUMENT FOUND; THENCE NORTH 89° 59' 40" EAST 736.67 FEET TO A RE-BAR FOUND;THENCE CONTINUING NORTH 89°59'40"EAST 31.00 FEET;THENCE SOUTH 00°24' 47"WEST 596.92 FEET TO A CONCRETE MONUMENT FOUND; THENCE CONTINUING SOUTH 00° 24' 47" WEST, 32.80 FEET TO THE CENTER LINE OF ARDMORE TRAIL(ALSO KNOWN AS CRUMSTOWN AVE.),60. 00 FEET RIGHT-OF-WAY; THENCE SOUTH 66° 33' 51" WEST, ALONG THE CENTER LINE OF SAID ARDMORE TRAIL, 835.40 FEET; THENCE NORTH 00° 11' 44" EAST, 498.85 FEET, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH, RANGE 2 EAST,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT A POINT WHICH IS THE INTERSECTION OF THE SOUTHERLY LINE OF LINCOLN WAY WEST AND THE WEST LINE OF A RIGHT-OF-WAY 19 FEET IN WIDTH AS DEDICATED IN THE RECORDED PLAT OF ALWARD'S ADDITION TO THE CITY OF SOUTH BEND; THENCE SOUTH ALONG THE WEST LINE OF SAID 19 FOOT RIGHT-OF-WAY A DISTANCE OF 633. 09 FEET TO THE POINT OF BEGINNING, WHICH IS THE NORTHEAST CORNER OF BEACON HEIGHTS ADDITION;THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SAID 19 FOOT RIGHT- OF-WAY,A DISTANCE OF 330 FEET;THENCE WEST ALONG A LINE AT RIGHT ANGLES TO THE LINE JUST DESCRIBED A DISTANCE OF 21 FEET; THENCE NORTH AND PARALLEL TO SAID RIGHT-OF-WAY TO THE NORTH LINE OF SAID BEACON HEIGHTS;THENCE EAST ALONG THE NORTH LINE OF SAID BEACON HEIGHTS,21 FEET TO THE POINT OF BEGINNING. NOTE:BEING PARCEL NO.018-2193-7236,OF THE CITY OF SOUTH BEND,COUNTY OF ST JOSEPH. 11 CITY OF SOUTH BEND DEPARTMENT OF COMMUNl1Y INVESTMENT -----* ----- June 2, 2026 Councilmember Canneth Lee President South Bend Common Council South Bend City Hall, 3rd Floor South Bend, IN 46601 Chairperson Filed in Clerk's Office Jun 3, 2026 Bianca rirado ity bk. oulh Bend, IN Community Investment Committee South Bend Common Council South Bend City Hall, 3 rd Floor South Bend, IN 46601 RE: Bill No. 37-26: An Ordinance of the Common Council of the City of South Bend, Indiana, Authorizing the City of South Bend, Indiana to Fund Its Taxable Economic Development Revenue Note, Series 2026 (Beacon Heights Project) and Approving and Authorizing Other Actions in Respect Thereto Dear President Lee and Chairperson Please find the attached bill, which is an ordinance authorizing a $1.25 million forgivable economic development loan to support the renovation of the 170-unit Beacon Heights apartment development. This project is anticipated to be awarded Low Income Housing Tax Credits from the Indiana Housing and Community Development Authority. The project will consist of a renovation of all existing units in the Beacon Heights development and these units will be reserved for households earning at or below 60 percent of the area median income. The existing plan is for a renovation in place with no displacement of existing residents. The forgivable loan would be funded utilizing Tax Increment Financing funds controlled by the South Bend Redevelopment Commission, but requires approval of Common Council, Redevelopment Commission, and Economic Development Commission in order to be issued. 215 S. Dr. Marrin Luther King, Jr. Blvd., Ste 500, South Bend, Indiana 46601 (574) 233-0311 ; southbendin.gov 37-26 The loan would be forgivable provided the development is completed within the required timeframes and private investment for all costs on the project exceed 48.75 million. Sincerely, Joseph Molnar Deputy Director Department of Community Investment CC: Sandra Kennedy, Corporation Counsel if 215 S. Dr. Martin Luther King, Jr. Blvd., Ste 500, South Bend, Indiana 46601 (574) 233-0311 ; southbendin.gov Filed in Clerk's Office Jun 3, 2026 BILL NO. 37-26 Bianca firado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A DIRECT LOAN TO THE DEVELOPER OF AN ECONOMIC DEVELOPMENT FACILITY (BEACON HEIGHTS PROJECT)AND APPROVING OTHER MATTERS IN CONNECTION THEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), is a municipal corporation and political subdivision of the State of Indiana and by virtue of I.C. 36-7-11.9, I.C. 36-7-12 and I.C. 36-7-14 collectively, the"Act"), is authorized and empowered to adopt this ordinance (this "Ordinance") and to carry out its provisions. The Act declares that the financing and refinancing of economic development facilities(as defined in the Act)constitutes a public purpose. Pursuant to the Act, the City is authorized to make loans for the purpose of financing, reimbursing or refinancing all or a portion of the costs of acquisition, construction, renovation, installation and equipping of economic development facilities in order to foster diversification of economic development and creation or retention of opportunities for gainful employment in or near the City. SAC Beacon Preservation LLC, a limited liability company (the "Developer") has informed the City that it desires to construct, renovate and/or rehabilitate certain economic development facilities within the City which will consist of up to one hundred seventy (170) affordable housing units in the existing Beacon Heights development in the River West Development Area in the City, with an approximate total development or redevelopment cost of Fifty Million Dollars ($50,000,000) including a private investment of no less than Forty-Seven Million Dollars ($47,000,000) to be expended by the Developer(collectively, the "Project"), and has requested that the City make a loan to the Developer on a draw basis for the purposes of financing or reimbursing the Developer for a portion of the costs of construction,renovation and/or rehabilitation of the Project. The Project will be located in or physically connected to, and will directly serve and benefit,the River West Development Area and the River West Development Area Allocation Area the"Allocation Area"). The Developer has requested from the City and the City of South Bend Economic Development Commission (the "Commission") that the City make a loan to the Developer on a draw basis pursuant to the Act in a total amount not to exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000) for the purpose of financing or reimbursing a portion of the costs of the Project(the "Loan") as described in the proposed Financing and Loan Agreement between the City and the Developer(the"Loan Agreement"). The completion of the Project will result in the creation of jobs, the diversification of industry and the creation of business opportunities in the City. Pursuant to I.C. § 36-7-12-24,the Commission published notice of a public hearing on the proposed financing of a portion of the Project costs(the"Public Hearing"). On the date specified in the notice of the Public Hearing, the Commission conducted the Public Hearing, and adopted its evaluative report and resolution, which have been transmitted to the Common Council, finding that the financing of a portion of the Project complies with the purposes and provisions of the Act and that such financing will be of benefit to the health and welfare of the City and its citizens. The Commission has performed all actions required of it by the Act preliminary to the adoption of this Ordinance and has approved and forwarded to the Common Council the forms of: 1) the Loan Agreement; (2) the Funding and Reimbursement Agreement (the "Funding Agreement") between the City and the South Bend Redevelopment Commission (the Redevelopment Commission"); and (3) this Ordinance (the Loan Agreement, the Funding Agreement, and this Ordinance, collectively,the"Financing Agreements"). Pursuant to Indiana Code 36-7-14-39(b)(4), the Redevelopment Commission may use certain incremental property taxes, among other purposes, to reimburse the City for expenditures including loans)made for local public improvements(which include buildings,parking facilities, and all expenses reasonably incurred in connection with the acquisition and redevelopment of property) that are physically located in or physically connected to the Allocation Area. The Redevelopment Commission has adopted its Resolution No. 3673 on June 11, 2026, determining, subject to appropriation by the Redevelopment Commission, to make available tax increment revenues on deposit in the allocation fund for the Allocation Area(the"River West TIF Revenues") to simultaneously reimburse the City for its costs incurred to fund each draw on the Loan to the Developer with respect to the Project. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I. Findings; Public Benefits. The Common Council hereby finds and determines that the Project involves the acquisition and construction of an"economic development facility"as that phrase is used in the Act; that the Project will increase employment opportunities and increase diversification of economic development in the City, will improve and promote the economic stability, development and welfare in the City, will encourage and promote the expansion of industry, trade and commerce in the City and the location of other new industries in the City; that the public benefits to be accomplished by the making of the Loan to the Developer 2 to finance and/or reimburse Project costs, in tending to overcome insufficient employment opportunities,insufficient diversification of industry and lack of adequate housing,are greater than the cost of public works or services (as that phrase is used in the Act) which will be required by the Project; and, therefore,that the financing of a portion of the Project by the making the Loan to the Developer under the Act: (i) will be of benefit to the health and general welfare of the City; and(ii)complies with the Act. SECTION II. Approval of Financing. The proposed financing of the Project by the funding of the Loan to the Developer under the Act, in the form that such financing was approved by the Commission, is hereby approved. SECTION III. Terms of the Loan. (a) A portion of the costs of the Project will be funded by the Loan to the Developer on a draw basis (each draw on the Loan, a "Draw"). The City shall fund the Loan on a draw basis in the aggregate principal amount not to exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000), from River West TIF Revenues then on deposit in the allocation fund for the Allocation Area,and made available by the Redevelopment Commission to the City for the purposes of making the Loan to the Developer under the Act and the terms of the Loan Agreement. The Loan shall (i)mature no later than December 31,2041, on the date set forth in the final Loan Agreement (the"Maturity Date"), (ii) bear no interest, except as provided herein, and (iii) be secured by the pledge of an unsecured promissory note of the Developer. Subject to the Unavoidable Delay provisions of the Loan Agreement, the principal of each outstanding Draw on the Loan may be forgiven, in the sole discretion of the City, following the expiration of the [Qualified Project Period] (as defined in the Loan Agreement)and subject to the conditions contained in Section 4.3 of the Loan Agreement. In the event that the Developer abandons the Project or otherwise fails to proceed to substantially complete the Project as required by the Loan Agreement and the Development Agreement between the Redevelopment Commission and the Developer (the "Development Agreement"), the repayment of any outstanding amount of the Loan(the"Outstanding Amount")will be on a date not later than thirty 30) days from the date when the City's Department of Community Investment, on behalf of the City,provides written notice to the Developer that, in its sole discretion,it has determined that the Developer has abandoned or failed to proceed with the Project as required by the Loan Agreement and the Development Agreement (the date of such written notice being the "Trigger Date"). Interest will begin to accrue on the Outstanding Amount beginning on the Trigger Date at the Prime Rate (as defined in the Loan Agreement) plus three percent (3.0%) until the Outstanding Amount is fully paid by the Developer. In the event that the Loan is forgiven, it is hereby acknowledged that the consideration received by the City for the Loan being forgiven is the completion of the Project by the Developer and the economic benefits resulting to the City therefrom. b) The Loan does not and shall never constitute an indebtedness of,or a charge against the general credit or taxing power of,the City. Forms of the Financing Agreements are before this meeting and are by this reference incorporated in this Ordinance, and the Clerk of the City is hereby directed, in the name and on behalf of the City, to insert them into the minutes of the Common Council and to keep them on file. SECTION IV. Execution and Delivery of Financing Agreements. The Mayor, the Clerk and the Controller of the City are hereby authorized and directed, in the name and on behalf 3 of the City,to execute or endorse and deliver the Financing Agreements,submitted to the Common Council,which are hereby approved in all respects. SECTION V. Changes in Financing Agreements. The Mayor, the Clerk and the Controller of the City are hereby authorized, in the name and on behalf of the City,without further approval of the Common Council or the Commission, to approve such changes in the Financing Agreements as may be permitted by the Act, such approval to be conclusively evidenced by their execution thereof. SECTION VI. General. The Mayor, the Clerk and the Controller of the City, and each of them,are hereby authorized and directed, in the name and on behalf of the City, to execute or endorse any and all agreements, documents and instruments,perform any and all acts, approve any and all matters, and do any and all other things deemed by them, or either of them, to be necessary or desirable in order to carry out and comply with the intent,conditions and purposes of this Ordinance(including the preambles hereto and the documents mentioned herein), the Project, the making of the Loan, and the securing of the Loan under the Financing Agreements, and any such execution, endorsement, performance or doing of other things heretofore effected be, and hereby is, ratified and approved. SECTION VII. Binding Effect. The provisions of this Ordinance and the Financing Agreements shall constitute a binding contract between the City and the Developer, and after making the Loan, this Ordinance shall not be repealed or amended in any respect which would adversely affect the rights of the Developer. SECTION VIII. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION IX. Effective Date. This Ordinance shall be in full force and effect immediately upon adoption and compliance with I.C. 36-4-6-14. SECTION X. Copies of Financing Agreements on File. Two copies of the Financing Agreements incorporated into this Ordinance were duly filed in the office of the Clerk of the City,and are available for public inspection in accordance with I.C. 36-1-5-4. Signature Page Follows] 4 Duly passed and adopted on this day of 2026 by the Common Council of the City of South Bend, Indiana. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller,Mayor City of South Bend,Indiana DMS 52744581v1 5 FUNDING AND REIMBURSEMENT AGREEMENT between CITY OF SOUTH BEND, INDIANA and CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT DISTRICT Re: CITY OF SOUTH BEND,INDIANA BEACON HEIGHTS PROJECT) Dated as of July 1, 2026 FUNDING AND REIMBURSEMENT AGREEMENT This FUNDING AND REIMBURSEMENT AGREEMENT, is made and entered into as of July 1, 2026 (the"Agreement") by and between the CITY OF SOUTH BEND, INDIANA(the City"),a municipal corporation duly organized and validly existing under the laws of the State of Indiana (the "State"), and the SOUTH BEND REDEVELOPMENT COMMISSION (the Redevelopment Commission"), as governing body of the CITY OF SOUTH BEND REDEVELOPMENT DISTRICT, a special taxing district duly organized and validly existing under the laws of the State of Indiana(the"District"). WHEREAS, Indiana Code 36-7-11.9 and 36-7-12, as supplemented and amended collectively, the "Act"), authorizes and empowers the City to make direct loans to users or developers(each as defined under the Act) for the cost of acquisition, construction, or installation of economic development facilities, with such loans to be secured by the pledge of one or more taxable or tax-exempt debt obligations of the users or developers, for diversification of economic development and promotion of job opportunities in or near such City and vests the City with powers that may be necessary to enable it to accomplish such purposes; and WHEREAS, the City, upon finding that the Project (as hereinafter defined) and the proposed financing of the construction thereof will create additional employment opportunities in the City; will benefit the health, safety, morals, and general welfare of the citizens of the City and the State; and will comply with the purposes and provisions of the Act, adopted an ordinance approving a loan to Beacon Apartments Preservation, an Indiana limited liability company (the Borrower"); and WHEREAS, the City intends to make a direct draw loan to the Borrower, pursuant to the provisions of the Act, this Agreement, and the Financing and Loan Agreement, dated as of July 1, 2026,between the City and the Borrower(the"Loan Agreement"),all for the purpose of financing a portion of the Project; and WHEREAS,pursuant to Indiana Code 36-7-14-39(b)(4),the Redevelopment Commission may use certain incremental property taxes to reimburse the City for expenditures(including loans) made for local public improvements(which include buildings and all expenses reasonably incurred in connection with the acquisition and redevelopment of property)that are physically located in or physically connected to the Allocation Area(as defined herein); and WHEREAS, pursuant to Resolution No. adopted by the Redevelopment Commission on June 11, 2026, a copy of which is attached hereto as Exhibit A(the"Authorizing Resolution"), the Commission has authorized the use of Tax Increment Revenues(as defined herein), in the total amount of not to exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000) from moneys then currently on deposit in the Allocation Fund(as defined herein), in order to reimburse the City for expenditures made, or to be made,to finance a portion of the Project costs. NOW THEREFORE, in consideration of the premises, the covenants and agreements hereinafter contained, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the City and the District hereby agree and covenant. End of Recitals) ARTICLE I. DEFINITIONS AND EXHIBITS Section 1.1. Terms Defined. As used in this Agreement,the following terms shall have the following meanings unless the context clearly otherwise requires: Act" means, collectively, Indiana Code 36-7-11.9, Indiana Code 36-7-12, Indiana Code 36-7-14, and Indiana Code 36-7-25, each as amended. Allocation Area" means the River West Development Area Allocation Area previously established by the Redevelopment Commission within the River West Development Area in accordance with Indiana Code 36-7-14-39 for the purposes of capturing incremental ad valorem real property taxes levied and collected on all taxable property in such allocation area. Allocation Fund" means the River West Development Area Allocation Area Allocation Fund established under Indiana Code 36-7-14 for the Tax Increment Revenues collected in the Allocation Area. Authorizing Resolution"shall have the meaning set forth in the recitals hereof. Borrower"means Beacon Apartments Preservation,an Indiana limited liability company, duly organized and validly existing under the laws of the State of Indiana and qualified to do business in the State of Indiana, or any successors thereto. City"means the City of South Bend, Indiana,a municipal corporation duly organized and validly existing under the laws of the State. Costs of Construction" means the costs of providing for an "economic development facility"as defined and set forth in the Act, including any legal,accounting,management,program or consulting fees and expenses of the Borrower, the City or the District, and any other costs permitted under the Act related thereto. Development Agreement" means the Development Agreement, dated 2026, by and between the Borrower, the City and the Redevelopment Commission. District"means the Redevelopment District of the City. Loan" means the draw loan from the City to the Borrower in the original aggregate principal amount of not to exceed $1,250,000, which will be made under the terms of the Loan Agreement, the proceeds of which will be used by the Borrower to pay a portion of the Costs of Construction for the Project. Loan Agreement" means the Financing and Loan Agreement, dated as of July 1, 2026, between the City and the Borrower. Project" means the construction, renovation and/or rehabilitation of up to one hundred seventy (174) affordable housing units in the existing Beacon Heights development in the River West Development Area in the City, with an approximate total development cost of Forty Seven Million Dollars($47,000,000) including a private investment of no less than Forty-Seven Million Dollars($47,000,000)to be expended by the Borrower. 2 Project Fund" means the Project Fund established and held by the City or by a financial institution or custodian selected by the City for such purpose, as the case may be, for purposes of paying Costs of Construction of the Project. Redevelopment Commission" means the South Bend Redevelopment Commission, governing body of the District. River West Development Area"means the economic development area within the District previously established by the Redevelopment Commission in accordance with Indiana Code 36- 7- 14. State"means the State of Indiana. Tax Increment Revenues" means the property tax proceeds received by the Redevelopment Commission which are derived from the assessed valuation of real property in the Allocation Area in excess of the assessed valuation described in Indiana Code 36-7-14-39(b)(1) and Indiana Code 36-7-14-39(b)(2), as such statutory provision exists on the date of execution of this Agreement. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement. Exhibit A. Copy of Authorizing Resolution. End of Article I) 3 ARTICLE II. REPRESENTATIONS; LOAN TO BORROWER Section 2.1. Representations by City. The City represents and warrants that: a) The City is a municipal corporation organized and existing under the laws of the State of Indiana. Under the provisions of the Act, the City is authorized to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder. City has been duly authorized to execute and deliver this Agreement. City agrees that it will do or cause to be done all things within its control and necessary to preserve and keep in full force and effect its existence. b) Concurrently with the execution and delivery of the Loan Agreement and this Agreement, the City agrees to make the Loan to the Borrower on a draw basis (upon the District making funds available to simultaneously reimburse the City for such purpose in accordance with the terms of this Agreement) for the purpose of financing a portion of the Costs of Construction for the Project, in order to create additional employment opportunities in the City and to benefit the health, safety, morals and general welfare of the citizens of the City and the State. Section 2.2. Representations by Redevelopment District. The Redevelopment Commission, governing body for the District, represents and warrants that: a) The Redevelopment Commission is the governing body of the District, which is a special taxing district organized and existing under the laws of the State of Indiana. Under the provisions of the Act, the Redevelopment Commission is authorized to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder. The Redevelopment Commission has been duly authorized to execute and deliver this Agreement. The Redevelopment Commission agrees that it will do or cause to be done all things within its control and necessary to preserve and keep in full force and effect its existence. b) In order to simultaneously reimburse the City for its costs incurred, or to be incurred, in providing draws on the Loan pursuant to Section 2.3 of the Loan Agreement to finance a portion of the Costs of Construction for the Project, the Redevelopment Commission agrees that it will consider appropriations from the Tax Increment Revenues then currently on deposit in the Allocation Fund for the purpose of paying to,or upon the order of,the City for depositing into the Project Fund, with the sum of such appropriations not to exceed an aggregate principal amount equal to One Million Two Hundred Fifty Thousand Dollars($1,250,000). c) The Redevelopment Commission acknowledges and agrees that the Loan being made by the City to the Borrower is subject to forgiveness in the sole discretion of the City and upon the Borrower's satisfaction of certain conditions set forth in Section 4.3 of the Loan Agreement. End of Article II) 4 ARTICLE III. MISCELLANEOUS PROVISIONS Section 3.1. Supplements and Amendments to this Agreement. The Borrower, the City and the District may from time to time, upon the written agreement of all parties hereto, enter into such supplements and amendments to this Agreement as to them may seem necessary or desirable to effectuate the purposes or intent hereof, which consent and agreement to such supplement or amendment hereto may be withheld in the sole discretion of any party. Section 3.2. Agreement for Benefit of Parties Hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon, or to give to, any person other than the parties hereto, and their successors and assigns, any right, remedy or claim under or by reason of this Agreement or any covenant, condition or stipulation hereof; and the covenants, stipulations and agreements in this Agreement contained are and shall be for the sole and exclusive benefit of the parties hereto,and their successors and assigns. Section 3.3. Severability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby. Section 3.4. Counterparts. This Agreement is being executed in any number of counterparts, each of which is an original and all of which are identical. Each counterpart of this Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed but one instrument. Section 3.5. Governing Law. It is the intention of the parties hereto that this Agreement and the rights and obligations of the parties hereunder shall be governed by and construed and enforced in accordance with, the laws of the State of Indiana. End of Article III) 5 IN WITNESS WHEREOF, the City and the Redevelopment Commission, acting for and on behalf of the District,have caused this Agreement to be executed in their respective names,and the City and the Redevelopment Commission,acting for and on behalf of the District, have caused their corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the date first above written. CITY OF SOUTH BEND, INDIANA By: SEAL) Mayor Attest: Clerk CITY OF SOUTH BEND REDEVELOPMENT DISTRICT, acting by and through the SOUTH BEND REDEVELOPMENT COMMISSION President Attest: Secretary Signature Page to the Funding and Reimbursement Agreement, dated as of July 1, 2026, between the City of South Bend, Indiana and the City ofSouth Bend, Indiana, Redevelopment District EXHIBIT A Copy of Authorizing Resolution DMS 52744203.1 A-1 FINANCING AND LOAN AGREEMENT between CITY OF SOUTH BEND, INDIANA and BEACON APARTMENTS PRESERVATION LLC Re: CITY OF SOUTH BEND,INDIANA BEACON HEIGHTS PROJECT) Dated as of July 1, 2026 FINANCING AND LOAN AGREEMENT THIS FINANCING AND LOAN AGREEMENT made and entered into as of July 1, 2026, by and between the City of South Bend, Indiana, a municipal corporation and political subdivision existing under the laws of the State of Indiana (the "City"), and Beacon Apartments Preservation LLC, an Indiana limited liability company (the "Borrower"), under the following circumstances summarized in the following recitals (the capitalized terms not defined in the recitals are as defined in Article I hereof): A. Indiana Code, Title 36, Article 7, Chapters 11.9 and 12, each as supplemented and amended (collectively, the "Act"), authorizes and empowers the City to make loans to provide funding for economic development projects and facilities and vests the City with powers that may be necessary to enable it to accomplish such purposes. B. The Borrower has requested a certain economic development incentive from the City in the form of a forgivable loan to the Borrower in the amount of not to exceed One Million Two Hundred Fifty Thousand Dollars($1,250,000)(the"Loan"),to finance a portion of the construction, renovation and/or rehabilitation of economic development projects and facilities within the meaning of the Act, consisting of the construction, renovation and/or rehabilitation of up to one hundred seventy (174) affordable housing rental units in the existing Beacon Heights development in the River West Development Area in the City,with an approximate total development or redevelopment cost of Forty-Seven Million Dollars $47,000,000.00 including a private investment of no less than Forty-Seven Million Dollars ($47,000,000)] to be expended by the Borrower (collectively, the Project"). C. The City believes that developing the Project as described herein is in the best interests of the health, safety and welfare of the City and its residents and complies with the public purposes and provisions of the Act, and based upon the information presented to the City by the Borrower,the City has determined that the Project constitutes an economic development project and an economic development facility as defined by applicable law. D. The City desires to facilitate the development of the Project by making the Loan to the Borrower on a draw basis from available funds of the City and the Redevelopment Commission as hereinafter defined)to finance a portion of the Project. E. This Loan Agreement provides for the repayment by the Borrower of the Loan and further provides for the Borrower's repayment obligation to be evidenced by the promissory note in substantially the form attached as Exhibit A hereto (the "Note"), unless the Loan is forgiven upon satisfaction of the conditions set forth in Section 4.3 hereof. F. The parties hereto agree that it is of mutual benefit for the parties hereto to enter into this Agreement relating to the Project and the Loan that will include the commitments of each of the parties. G. The South Bend Redevelopment Commission, for and on behalf of the City of South Bend, Department of Redevelopment, and the Borrower have entered into a Development Agreement dated as of 2026 (the "Development Agreement") pursuant to which the parties agreed to their respective commitments with respect to the development of the Project. NOW, THEREFORE, in consideration of the premises and the mutual representations and agreements hereinafter contained,the City and the Borrower agree as follows: ARTICLE I. DEFINITIONS Section 1.1. Use of Defined Terms. In addition to the words and terms defined elsewhere in this Agreement or by reference to another document,the words and terms set forth in Section 1.2 hereof shall have the meanings set forth therein unless the context or use clearly indicates another meaning or intent. Such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms defined therein. Section 1.2. Definitions. As used herein: Act"means,collectively, Indiana Code 36-7-11.9 and 36-7-12, as enacted and amended. Agreement"means this Financing and Loan Agreement as amended or supplemented from time to time. Bond Regulatory Agreement" means that certain Regulatory Agreement or similar agreement to be executed by the Borrower, as the same may be amended,restated, supplemented or otherwise modified from time to time, relating to the tax-exempt bonds to be issued to finance the Project and imposing certain income and rent restrictions on the Project pursuant to Section 142(d) of the Internal Revenue Code of 1986, as amended. Borrower" means Beacon Apartments Preservation LLC, an Indiana limited liability company, and its lawful successors and assigns to the extent permitted by this Agreement and the Development Agreement. City" means the City of South Bend, Indiana, a municipal corporation and political subdivision existing under the laws of the State of Indiana. Common Council"means the Common Council of the City. Completion Date" means the date of completion of the Project evidenced in accordance with the requirements of Section 3.2 hereof. Designated Representative"means Jeffrey Moelis, Adam Hellegers, Eben Ellerston and/or Carrie Van Syckel or the person at the time designated to act on behalf of the Borrower by written certificate furnished to the City, containing the specimen signature of that person and signed on behalf of the Borrower by a duly authorized officer. That certificate may designate an alternate or alternates. In the event that all persons so designated become unavailable or unable to act and the Borrower fails to designate a replacement within 10 days after such unavailability or inability to act, the City may appoint an interim Designated Representative until such time as the Borrower designates that person. 2 Development Agreement"means the Development Agreement, dated 2026, by and between the Borrower and the City of South Bend, Department of Redevelopment, acting by and through its governing body, the Redevelopment Commission. Event of Default"means any of the events described as an Event of Default in Section 6.1 hereof. Land Use Restriction Agreement" means that certain Land Use Restriction Agreement or similar agreement to be executed by the Borrower, as the same may be amended, restated, supplemented or otherwise modified from time to time,imposing certain income and rent restrictions on the Project pursuant to Section 42 of the Internal Revenue Code of 1986, as amended. Loan"means the loan by the City to the Borrower pursuant to the terms of this Agreement. Mandatory Project Completion Date" means December 31, 20_, or as agreed to by the Borrower or the Redevelopment Commission pursuant to Section [3. 3] of the Development Agreement. Maturity Date"means December 31, 20_. Note" means the Borrower's promissory note in the form attached as Exhibit A hereto, which shall be unsecured. Notice Address"means: As to the City: City of South Bend Department of Community Investment 215 S. Dr. Martin Luther King, Jr. Blvd., Suite 500 South Bend, IN 46601 Attention: Executive Director 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 As to the Borrower: Beacon Apartments Preservation LLC 2 Park Avenue, 23rd Floor New York, New York 10016 Attn: Jeffrey Moelis and Adam Hellegers, Esq. Email:jmoelis@lmdp.com and ahellegers@lmdp.com With a copy to: Cohen Liuzzo PLLC 88 Pine Street, Suite 1430 New York, New York 10005 Attn: Anthony Bargnesi, Esq. and Eleor Cohen, Esq. Email: abargnesi@cohenliuzzo.com and 3 ecohenacohenliuzzo.com As to Investor Member : Cinnaire Fund for Housing Limited Partnership 45 c/o Cinnaire 45, LLC 1118 South Washington Lansing, Michigan48910 With a copy to Kutak Rock LLP 1650 Farnam Street Omaha, NE 68102 Attn: Asher R. Ball or such additional or different address,notice of which is given under Section 7.2 hereof. Ordinance" means Ordinance No. of the Common Council of the City adopted on 2026, authorizing the Loan and the execution and delivery of this Agreement. Person" or words importing persons mean firms, associations, partnerships (including without limitation, general and limited partnerships), limited liability companies, joint ventures, societies,estates,trusts,corporations,public or governmental bodies,other legal entities and natural persons. Project" means the construction, renovation and/or rehabilitation of up to one hundred seventy (174) affordable housing units in the existing Beacon Heights development in the River West Development Area in the City, with an approximate total development cost of Forty-Seven Million Dollars $47,000,000.00 including a private investment of no less than Forty-Seven Million Dollars$47,000,000 to be expended by the Borrower. Redevelopment Commission"means the South Bend Redevelopment Commission. State"means the State of Indiana. Section 1.3. Interpretation. Any reference herein to the City, to the Common Council, to the Redevelopment Commission,or to any member or officer of the City includes entities or officials succeeding to their respective functions,duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. Any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or chapter of the Indiana Code or to any statute of the United States of America, includes that section, provision or chapter or statute as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement or superseding section, provision or chapter or statute shall be applicable solely by reason of this provision, if it constitutes in any way an impairment of the rights or obligations of the City or the Borrower under this Agreement. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and 4 similar terms refer to this Agreement;and the term"hereafter"means after,and the term"heretofore" means before,the date of the Loan. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. The Form of Promissory Note, attached hereto as Exhibit A, is by reference made a part hereof. Section 1.4. Captions and Headings. The captions and headings in this Agreement are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof. ARTICLE II. REPRESENTATIONS; LOAN TO THE BORROWER Section 2.1. Representations of the City. The City represents and warrants that: a) The City is a municipal corporation organized and existing under the laws of the State. Under the provisions of the Act, the City is authorized to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder. The City has been duly authorized to execute and deliver this Agreement. b) The City agrees to make the Loan to the Borrower in the amount of not to exceed 1,250,000 pursuant to the terms and conditions hereof and the Development Agreement for the costs associated with the acquisition,construction,reconstruction and/or rehabilitation of the Project to create additional employment opportunities in the City and to benefit the health, safety, morals and general welfare of the citizens of City and the State. Section 2.2. Representations and Covenants of the Borrower. The Borrower represents and warrants that: a) It is an Indiana limited liability company duly organized and validly existing under the laws of the State and authorized to do business in the State, is not in violation of any laws in any manner material to its ability to perform its obligations under this Agreement and the Note, has full power to enter into and perform its obligations under this Agreement and the Note, and by proper action has duly authorized the execution and delivery of this Agreement and the issuance of the Note. b) All of the proceeds from the Loan provided hereunder(including any income earned on the investment of such proceeds)will be used for costs of acquiring,constructing,reconstructing and/or rehabilitating the Project. c) The provision of financial assistance to be made available to it under this Agreement from the proceeds of the Loan and the commitments therefor made by the City have induced the Borrower to undertake the Project and such Project will create additional jobs and employment opportunities within the boundaries of the City and result in the private investment of the Project of approximately Forty-Seven Million Dollars($47,000, 000). 5 d) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby including execution and delivery of the Note, nor the fulfillment of or compliance with the terms and conditions of this Agreement, conflicts with or results in a breach of the terms, conditions or provisions of the Borrower's [Articles of Organization] or any restriction or any agreement or instrument to which the Borrower is now a party or by which it is bound or to which any of its property or assets is subject or of any statute, order, rule or regulation of any court or governmental agency or body having jurisdiction over the Borrower or its property, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the Borrower under the terms of any instrument or agreement, except as set forth in this Agreement or in such manner as will not materially impair the ability of the Borrower to perform its obligations hereunder. e) The execution, delivery and performance by the Borrower of this Agreement and the Note do not require the consent or approval of, the giving of notice to, the registration with, or the taking of any other action in respect of,any federal,state or other governmental authority or agency, not previously obtained or performed. f) This Agreement and the Note have been duly executed and delivered by the Borrower and constitute the legal, valid and binding agreements of the Borrower, enforceable against the Borrower in accordance with their respective terms, except as may be limited by bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights in general. The enforceability of the Borrower's obligations under said documents is subject to general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). g) The Borrower shall use commercially reasonable efforts to invest such capital expenditures in the Project by not later than the Mandatory Project Completion Date and shall work diligently to complete the Project, subject to the Unavoidable Delay provisions of Section 7.12 of this Agreement. The Borrower shall apply all of the proceeds of the Loan toward the costs of the Project and shall finance all remaining costs of the Project from other available funds of the Borrower, including, but not limited to, construction financing. h) No portion of the proceeds of the Loan will be used to provide any private or commercial golf course, country club, massage parlor, tennis club, skating facility (including roller skating, skateboard and ice skating), racquet sports facility (including any handball or racquetball court),hot tub facility, suntan facility,racetrack,airplane, skybox or other private luxury box,health club facility, facility primarily used for gambling or store,the principal business of which is the sale of alcoholic beverages for off premises consumption. i) No litigation at law or in equity nor any proceeding before any governmental agency or other tribunal involving the Borrower is pending or,to the knowledge of the Borrower threatened, in which any liability of the Borrower is not adequately covered by insurance and in which any judgment or order would have a material and adverse effect upon the business or assets of the Borrower or would materially and adversely affect the Project,the validity of this Agreement or the performance of the Borrower's obligations thereunder or the transactions contemplated hereby. j) No event has occurred and is continuing which with the lapse of time or the giving of notice would constitute an event of default under this Agreement or the Note. 6 Section 2.3. Loan . The City will fund the Loan on a draw basis (each draw on the Loan, a"Draw")by making tax increment revenues then currently on deposit in the allocation fund for the River West Allocation Area of the River West Development Area available to the Borrower as provided herein(it being understood the total amount of the Loan shall not exceed$1,250,000). The Borrower acknowledges and agrees that such tax increment revenues are subject to annual appropriations thereof by the Redevelopment Commission. Such Loan is being evidenced by the execution and delivery by the Borrower of the Note substantially in the form attached hereto as Exhibit A. To request a draw on the Loan, the Borrower shall submit a written draw request not more frequently than quarterly to the City's Department of Community Investment (the Department")for review and approval by the Department. Each written draw request shall indicate the amount of the Draw, detail the costs of the Project to be reimbursed from such Draw, and state a recap of vendors and the amount paid to each and attach copies of invoices paid. ARTICLE III. COMPLETION OF THE PROJECT Section 3.1. Acquisition, Construction, Reconstruction, Rehabilitation, Equipping and Improving of Project. It is understood that improvements made for the Project are that of the Borrower and any contracts made by the Borrower with respect thereto shall acquire, construct, reconstruct and/or rehabilitate the Project. The Borrower shall use commercially reasonable efforts to construct, reconstruct and/or rehabilitate the Project with all reasonable dispatch and to complete the Project by no later than the Mandatory Project Completion Date,and shall pay when due all fees, costs and expenses incurred in connection with that acquisition, construction, reconstruction and/or rehabilitation from funds made available therefor. It is further understood that any contracts made by the Borrower with respect to the Project, whether construction contracts or otherwise, or any work to be done by the Borrower on the Project are made or done by the Borrower on its own behalf and not as agent or contractor for the City. Section 3.2. Completion Date. The Borrower shall notify the City of the Completion Date for the Project by a certificate signed by the Designated Representative stating: a) the date on which the Project is substantially completed,which shall be evidenced by the issuance of a certificate of occupancy by the City, if the City provides such certificates of occupancy, b) that all other facilities necessary in connection with the Project have been acquired, constructed, reconstructed, rehabilitated, equipped and improved, and c) that the acquisition, construction, reconstruction, rehabilitation, equipping and improvement of the Project and those other facilities have been accomplished in such a manner as to conform with all applicable zoning, planning, building, environmental and other similar governmental regulations. The certificate shall be delivered as promptly as practicable after the occurrence of the events and conditions referred to in subsections(a)through (c) of this Section(the date of delivery of such 7 certificate being, the "Completion Date"). The Project must be completed prior to the Mandatory Project Completion Date. ARTICLE IV. LOAN BY CITY; FORGIVENESS OF THE LOAN Section 4.1. Loan. The City hereby makes the Loan to the Borrower. Subject to the terms and conditions hereof,the Loan shall bear no interest and shall be evidenced by the Note. The Loan shall be non-recourse against the Borrower and the Project. The Loan proceeds shall be disbursed to the Borrower on a draw basis as provided herein. Section 4.2. Payment of Principal, Premium and Interest. (a) Subject at all times to Section 4.3 hereof,the Borrower will duly and punctually pay the principal of,premium, if any,and interest on the Note at the rates, at the times and the places and in the manner mentioned in the Note and this Agreement according to the true intent and meaning thereof and hereof, until the principal of, premium, if any, and interest on the Note shall have been fully paid. b) Subject at all times to Section 4.3 hereof, the Borrower also agrees to pay (i) all expenses incurred in connection with the enforcement of any rights under this Agreement;and(ii) all other payments of whatever nature which the Borrower has agreed to pay or assume under the provisions of this Agreement; provided, however, that the Borrower may, without creating a default under this Agreement, contest in good faith the necessity for any such extraordinary services and extraordinary expenses and the reasonableness of any such fees, charges or expenses. c) Subject at all times to Section 4.3 hereof, the Borrower covenants and agrees with and for the express benefit of the City that all payments pursuant hereto and to the Note shall be made by the Borrower on or before the date the same become due, and the Borrower shall perform all of its other obligations, covenants and agreements hereunder, without notice or demand(except as provided herein), and without abatement, deduction, reduction, diminution, waiver, abrogation, set-off, counterclaim, recoupment, defense or other modification or any right of termination or cancellation arising from any circumstance whatsoever, whether now existing or hereafter arising, and regardless of any act of God,contingency,event or cause whatsoever, and irrespective(without limitation)of whether the Project or the Borrower's title to the Project or any part thereof is defective or nonexistent, or whether the Borrower's revenues are sufficient to make such payments, and notwithstanding any damage to, or loss, theft or destruction of, the Project or any part thereof, expiration of this Agreement, any failure of consideration or frustration of purpose, the taking by eminent domain or otherwise of title to or of the right of temporary use of, all or any part of the Project, legal curtailment of the Borrower's use thereof, or whether with or without the approval of the City, any change in the tax or other laws of the United States of America, the State of Indiana, or any political subdivision of either thereof, any change in the City's legal organization or status, or any default of the City hereunder, and regardless of the invalidity of any portion of this Agreement; and the Borrower hereby waives the provisions of any statute or other law now or hereafter in effect impairing or conflicting with any of its obligations,covenants or agreements under this Agreement or which releases or purports to release the Borrower therefrom. Nothing in this Agreement shall be construed as a waiver by the Borrower of any rights or claims the Borrower may have against the City under this Agreement or otherwise, but any recovery upon such rights and claims shall be had from the City separately, it being the intent of this Agreement that the Borrower 8 shall be unconditionally and absolutely obligated without right of set-off or abatement, to perform fully all of its obligations, agreements and covenants under this Agreement for the benefit of the City. d) Subject at all times to Section 4.3 hereof,the obligations of the Borrower to make the required payments and to perform and observe the other agreements on its part shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the City,and the Borrower shall pay absolutely during the term of this Agreement the payments to be made on account of the Loan and all other payments required thereunder free of any deductions and without abatement, diminution or set-off; and the Borrower: i)will not suspend or discontinue any payments of the Loan; (ii)will perform and observe all of its other agreements contained in this Agreement; and (iii) will not terminate this Agreement for any cause,including,without limiting the generality of the foregoing,failure of the Borrower to complete the Project,the occurrence of any acts or circumstances that may constitute failure of consideration, eviction or constructive eviction, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax laws of the United States of America or of the State of Indiana or any political subdivision of either thereof, or any failure of the City to perform and observe any agreement,whether express or implied,or any duty,liability or obligation arising out of or connected with this Agreement. e) It is understood and agreed that Borrower shall be obligated to continue to pay the amounts specified herein and in the Note whether or not any portion of the Project is damaged, destroyed or taken in condemnation and that there shall be no abatement of any such payments and other charges by reason thereof. Section 4.3. Forgiveness. Notwithstanding anything herein to the contrary, but subject to the Unavoidable Delay provisions of Section 7.12 of this Agreement, the principal of each outstanding Draw on the Loan may be forgiven, in the sole discretion of the City, following the expiration of the [Qualified Project Period] (as defined in the Land Use Restriction Agreement); provided that, as a condition of any such forgiveness, the Borrower shall be in compliance with all of its obligations under the Land Use Restriction Agreement, the Bond Regulatory Agreement and the Development Agreement. In the event the Loan is forgiven by the City, in its sole discretion, pursuant to this Section 4.3, it is hereby acknowledged that the consideration for the Loan is the completion of the construction, reconstruction and/or rehabilitation of the Project by the Borrower and the resulting economic benefits to the City. In the event that the Borrower abandons the Project or otherwise fails to proceed to substantially complete the Project as required by this Agreement and the Development Agreement, the repayment of any outstanding amount of the Loan (the Outstanding Amount") will be on a date not later than thirty (30) days from the date when the Department,on behalf of the City,provides written notice to the Borrower that, in its sole discretion, it has determined that the Borrower has abandoned or failed to proceed with the Project as required by this Agreement and the Development Agreement (the date of such written notice being the Trigger Date"). Interest will begin to accrue on the Outstanding Amount beginning on the Trigger Date at the Prime Rate plus three percent(3.0%)(where the"Prime Rate"shall mean the Prime Rate as published in The Wall Street Journal, and which is described as the base rate on corporate loans at large U.S. money center commercial banks, as such rate may vary from time to time, to be determined as of the Trigger Date) until the Outstanding Amount is fully paid by the Borrower. In 9 the event The Wall Street Journal ceases to publish a Prime Rate,the City shall use a similar source to determine the Prime Rate. ARTICLE V. ADDITIONAL AGREEMENTS AND COVENANTS Section 5.1. Indemnification. The Borrower releases the City (including, but not limited to, members of the Common Council, the Economic Development Commission, and the Redevelopment Commission, and their respective attorneys, agents and employees) from, agrees that the City (including, but not limited to, members of the Common Council, the Economic Development Commission, and the Redevelopment Commission, and their respective attorneys, agents and employees)shall not be liable for,and indemnifies the City against,all liabilities,claims, costs and expenses, including reasonable attorneys' fees and expenses, imposed upon, incurred or asserted against the Common Council, Economic Development Commission or the Redevelopment Commission, on account of: (a) any loss or damage to property or injury to or death of or loss by any person that may be occasioned by any cause whatsoever pertaining to the construction, maintenance,operation and use of the Project; and(b)any claim,action or proceeding brought with respect to the matters set forth in (a) above. In case any action or proceeding is brought against the City in respect of which indemnity may be sought hereunder, the City promptly shall give notice of that action or proceeding to the Borrower, and the Borrower upon receipt of that notice shall have the obligation and the right to assume the defense of the action or proceeding; provided,that failure of the City to give that notice shall not relieve the Borrower from any of its obligations under this Section unless that failure prejudices the defense of the action or proceeding by the Borrower. At its own expense, the City may employ separate counsel and participate in the defense. The Borrower shall not be liable for any settlement made without its consent. The indemnification set forth above is intended to and shall include the indemnification of all affected officials, directors, officers and employees of the City, the Common Council, the Economic Development Commission and the Redevelopment Commission. That indemnification is intended to and shall be enforceable by the City to the full extent permitted by law. Notwithstanding anything herein, no indemnity shall be required hereunder for damages that result from the negligence or willful misconduct on the part of the party seeking indemnity. ARTICLE VI. EVENTS OF DEFAULT AND REMEDIES Section 6.1. Events of Default. Each of the following shall be an Event of Default: The Borrower shall fail to observe and perform any agreement, term or condition contained in this Agreement or the Development Agreement,and the continuation of such failure for a period of thirty 30) days after notice thereof shall have been given to the Borrower by the City, or for such longer period as the City may agree to in writing;provided,that if the failure is of such nature that it can be corrected but not within the applicable period,that failure shall not constitute an Event of Default so long as the Borrower institutes curative action within the applicable period and diligently pursues that action to completion. 10 The declaration of an Event of Default, and the exercise of remedies upon any such declaration, shall be subject to any applicable limitations of federal bankruptcy law affecting or precluding that declaration or exercise during the pendency of or immediately following any bankruptcy, liquidation or reorganization proceedings. The Borrower hereby unconditionally waives diligence, presentment, protest, notice of dishonor, and notice of default of the payment of any amount at any time payable to the City under or in connection with the Loan. All amounts payable under the Loan and the Note are payable with reasonable attorney fees and costs of collection and without relief from valuation and appraisement laws. Section 6.2. Remedies on Default. Whenever an Event of Default shall have happened and be subsisting, any one or more of the following remedial steps may be taken: a) The City may have access to,inspect,examine and make copies of the books,records, accounts and financial data of the Borrower pertaining to the Project; and b) The City may pursue all remedies now or hereafter existing at law or in equity, plus recover all expenses including attorney fees as provided in Section 6.4 or to enforce the performance and observance of any other obligation or agreement of the Borrower hereunder. Notwithstanding the foregoing or any other provision in this Agreement, the City shall not be obligated to take any step that in its opinion will or might cause it to expend time or money or otherwise incur liability unless and until a satisfactory indemnity bond has been furnished to the City at no cost or expense to the City. Section 6.3. No Remedy Exclusive. No remedy conferred upon or reserved to the City by this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement, or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair that right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice,other than any notice required by law or for which express provision is made herein. Section 6.4. Attorneys' Fees and Costs of Collection. If a default by the Borrower or the City shall occur, the Prevailing Party shall, to the extent permitted by applicable law, be entitled to recover from the non-prevailing party all reasonable costs, expenses and attorneys' fees (including court costs and other expenses through all appellate levels) that it incurs in connection therewith. For purposes hereof,the term"Prevailing Party" includes a party who obtains legal counsel or brings any action against another party by reason of an alleged breach or default and obtains substantially the relief sought, whether by compromise, settlement or judgment. Section 6.5. No Waiver. No failure by the City to insist upon the strict performance by the Borrower of any provision hereof shall constitute a waiver of their right to strict performance and no express waiver shall be deemed to apply to any other existing or subsequent right to remedy 11 the failure by the Borrower to observe or comply with any provision hereof The City may waive any Event of Default hereunder. Section 6.6. Notice of Default. The Borrower shall notify the City immediately if it becomes aware of the occurrence of any Event of Default hereunder or of any fact, condition or event which,with the giving of notice or passage of time or both,would become an Event of Default. ARTICLE VII. MISCELLANEOUS Section 7.1. Term of Agreement. This Agreement shall be and remain in full force and effect from the date of Loan until such time as Loan shall have been fully paid or forgiven, except for obligations of the Borrower under Sections 5.1 hereof, which shall survive any termination of this Agreement. Section 7.2. Notices. All notices, certificates, requests or other communications hereunder shall be in writing and shall be deemed to be sufficiently given when mailed by registered or certified mail, postage prepaid, and addressed to the appropriate Notice Address. The Borrower and the City, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificates,requests or other communications shall be sent. Section 7.3. Extent of Covenants of the City; No Personal Liability. All covenants, obligations and agreements of the City contained in this Agreement shall be effective to the extent authorized and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant,obligation or agreement of any present or future member,officer, agent or employee of the City or the Common Council in other than his or her official capacity, and neither the members of the Common Council nor any official of the City shall be subject to any personal liability or accountability by reason of the covenants,obligations or agreements of the City contained in this Agreement. Section 7.4. Binding Effect. This Agreement shall inure to the benefit of and shall be binding in accordance with its terms upon the City, the Borrower and their respective permitted successors and assigns. This Agreement may be enforced only by the parties, their assignees and others who may, by law, stand in their respective places. Section 7.5. Amendments and Supplements. This Agreement may not be effectively amended,changed,modified,altered or terminated except as may be evidenced in a writing executed by the appropriate representatives of the City and the Borrower. Section 7.6. Execution Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Section 7. 7. Severability. If any provision of this Agreement, or any covenant, obligation or agreement contained herein is determined by a court to be invalid or unenforceable, that determination shall not affect any other provision,covenant, obligation or agreement,each of which shall be construed and enforced as if the invalid or unenforceable portion were not contained herein. 12 That invalidity or unenforceability shall not affect any valid and enforceable application thereof,and each such provision, covenant, obligation or agreement shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. Section 7.8. Successors and Assigns. Whenever in this Agreement any of the parties hereto is named or referred to, the successors and assigns of such party shall be deemed to be included and all the covenants,promises and agreements in this Agreement contained by or on behalf of the Borrower, or by or on behalf of the City, shall bind and inure to the benefit of the respective successors and assigns, whether so expressed or not. The Borrower may assign its interest in this Agreement to any affiliate of the Borrower with the prior approval of the City and the Borrower may further mortgage and assign all of the Borrower's interest in this Agreement to secure mortgage loans or other indebtedness incurred by the Borrower with respect to the acquisition, construction, reconstruction, rehabilitation, equipping and improvement of the Project. The Borrower may not otherwise assign its interest in this Agreement without obtaining the prior approval of the City. Notwithstanding any such assignment, the Borrower shall not be released from any liability or obligations hereunder. Section 7.9. Third Party Beneficiary. The Borrower acknowledges and agrees that(i)the Redevelopment Commission is hereby deemed a third-party beneficiary of this Agreement and (ii) the terms of this Agreement may be enforced by the Redevelopment Commission. Section 7. 10. Governing Law. This Agreement shall be deemed a contract made under the laws of the State and for all purposes shall be governed by and construed in accordance with the laws of the State without giving effect to its conflict of laws rules. Section 7.11. Dispute Resolution. The Borrower and the City agree to use their best efforts to resolve quickly and informally any disputes that may arise under this Agreement. In the event such informal means are unsuccessful, any such disputes shall be attempted to be resolved first by mediation in accordance with the Indiana Rules of Dispute Resolution; provided, however,the City may exercise any remedy available to it in the event the Borrower fails to pay, when due, any outstanding amount of the Loan. Any litigation commenced by either of the City or the Borrower related to or arising out of this Agreement must be filed in the state courts of St. Joseph County, Indiana. The Parties further consent to the personal jurisdiction by said courts over it and hereby expressly waive, in the case of any such action, any defenses thereto based on jurisdictions, venue or forum non conveniens. Section 7.12. Unavoidable Delay. In the event that the Borrower shall be delayed,hindered in or prevented from the performance of any act required under this Agreement by reason of any unusually inclement weather, strikes, lock-outs, labor troubles, inability to procure materials which could not have been reasonably anticipated and avoided by the Borrower, failure of power to the Project for reason other than acts of the Borrower or any person or party acting by,through or under the Borrower, restrictive governmental laws or regulations, act of God, fire, earthquake, flood, explosion, terrorism, action of the elements, war (declared or undeclared), police action, invasion, insurrection, riot, mob violence, sabotage, health pandemic or epidemic, the act, failure to act or default of the City, or other causes beyond the Borrower's reasonable control, then performance of such act shall be extended for a period necessitated by such delay. 13 Section 7.13. Subordination and No Limitation on Mortgagee or Financing Party. Any and all rights of the City and obligations and liabilities of the Borrower under this Agreement and/or relating to the Loan shall be expressly subject and subordinate to any mortgage loans or other indebtedness incurred by the Borrower with respect to the acquisition, construction, reconstruction and/or rehabilitation of the Project. Notwithstanding anything in this Agreement to the contrary, (a) no provision of this Agreement shall restrict or otherwise limit(i)any foreclosure by or other transfer of title to any mortgagee or financing party of the Project, or (ii) any transfer of ownership of any interest in the Borrower to such mortgagee or financing party or any constituent owner of the Borrower, and (b) in the event of any such foreclosure by or other transfer of title to any mortgagee or financing party,as permitted in clause(a)(i)above,any such mortgagee or financing party(or any party taking by,through or under any such mortgagee or financing party)shall take title to the Project free and clear of any responsibility,obligation and/or liability under this Agreement and/or the Loan and without liability for the responsibilities, obligations and/or liabilities of the Borrower under this Agreement and/or with respect to the Loan. Signature Page Follows] 14 IN WITNESS WHEREOF, the City and the Borrower have caused this Agreement to be duly executed in their respective names, all as of the day and year first written above. City: CITY OF SOUTH BEND, INDIANA By: Mayor ATTEST: Clerk Borrower: BEACON APARTMENTS PRESERVATION LLC an Indiana limited liability company By: Name: Adam Hellegers Title: Authorized Signatory Signature Page to the Financing and Loan Agreement, dated as of July 1, 2026, between the City of South Bend, Indiana and Beacon Apartments Preservation LLC. EXHIBIT A FORM OF PROMISSORY NOTE Original Principal: Not to Exceed $1,250,000 Maturity Date: December 31, 20_ Interest Rate: 0%* FOR VALUE RECEIVED, the undersigned, Beacon Apartment Preservation LLC Borrower"), a limited liability company organized and existing under the laws of the State of Indiana, hereby promises to pay to the order of the City of South Bend, Indiana ("City"), in immediately available funds, the principal, interest, if any, and any other amounts due under the Financing and Loan Agreement, dated as of July 1, 2026, between the City and Borrower (the Loan Agreement"), upon maturity or earlier under the terms of the Loan Agreement, unless this Promissory Note is forgiven in the sole discretion of the City pursuant to the Loan Agreement, at such place as the City may direct. In certain events and in the manner set forth in the Loan Agreement, payments due under this Promissory Note may be subject to forgiveness in the sole discretion of the City. This Promissory Note is issued pursuant to the Loan Agreement, and is entitled to the benefits, and is subject to the conditions thereof. The Borrower's obligations under this Promissory Note are subject in all respects to the further provisions of the Loan Agreement. The obligations of the Borrower to make the payments required hereunder shall be absolute and unconditional without any defense or right of set-off, counterclaim or recoupment by reason of any default by the City under the Loan Agreement or under any other agreement between the Borrower or the City or out of any indebtedness or liability at any time owing to the Borrower by the City or for any reason, except for the forgiveness of the Loan as described in the Loan Agreement. This Promissory Note is the Note referred to in the Loan Agreement and is subject to, and is executed in accordance with, all of the terms,conditions and provisions thereof, including those respecting prepayments. In any case where the date of payment hereunder shall not be on a Business Day(as defined in the Loan Agreement), then such payment shall be made on the next succeeding Business Day with the same force and effect as if made on the date of payment hereunder. The Borrower hereby unconditionally waives diligence, presentment, protest, and notice of dishonor of the payment of any amount at any time payable to the City under or in connection with this Note. All amounts payable hereunder are payable with reasonable attorneys' fees and costs of collection and without relief from valuation and appraisement laws. All terms used in this Promissory Note which are defined in the Loan Agreement shall have the meanings assigned to them in the Loan Agreement. Subject to Section 4.3 of the Loan Agreement A-1 IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed and attested by its duly authorized officers or representatives. Dated: 2026. BEACON APARTMENTS PRESERVATION LLC an Indiana limited liability company By: Name: Adam Hellegers Title: Authorized Signatory DMS 52595667v1 A-2