HomeMy WebLinkAboutResolution No. 221 (RDA Accepting the Transfer of Real Property from BPW) - Fully ExecutedRESOLUTION NO. 25-2026
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC
WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO THE SOUTH
BEND REDEVELOPMENT AUTHORITY
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board of
Public Works") exists pursuant to I.C. § 36-4-9-5, holds real property owned by the City of South
Bend, Indiana (the "City") pursuant to I.C. § 36-9-6-3, and is authorized to transfer such property
to another governmental entity pursuant to I.C. § 36-1-11-8; and
WHEREAS, the South Bend Redevelopment Authority (the “Authority”) has been created
pursuant to Indiana Code 36-7-14.5 as a separate body, corporate and politic, and as an
instrumentality of the City of South Bend, Indiana (the “City”), is authorized to hold and dispose
of real property pursuant to Indiana Code Section 36-7-14.5-12(a)(4) and (5), and is authorized to
receive such property from another governmental entity pursuant to Indiana Code Section 36-1-
11-8; and
WHEREAS, the City has determined to undertake certain local public improvement
projects in the River West Development Area including all or any portion of the following: (i)
Coal Line Trail Phase III which consists of the extension of the existing Coal Line Trail from
Lincoln Way West to the Martin Luther King Jr. Dream Center, and any related improvements;
(ii) College Street streetscape improvements in connection with Phase III of the Coal Line Trail,
and any related improvements; (iii) infrastructure improvements consisting of roads, storm water,
sewer, and water utility infrastructure improvements along or adjacent to Old Cleveland Road, and
any related improvements; (iv) the acquisition, construction, renovation and equipping of a new
Rum Village Neighborhood Center, and any related improvements; (v) acquisition of land in the
near west side of the City for a new neighborhood park, and any related improvements; (vi)
infrastructure improvements to support the redevelopment of the former Drewry’s property and
improvements to the adjacent Muessel Grove Park, and any related improvements; (vii)
acquisition, construction and equipping of a new parking garage structure attached to the Morris
Performing Arts Center, and any related improvements; and (viii) all projects related to any of the
projects described in clauses (i) through and including (vii) (clauses (i) through and including
(viii), collectively, the “Projects”); and
WHEREAS, the Common Council of the City has adopted Resolution No. 26-20,
approving of the issuance of the Bonds by the Authority, pursuant to Indiana Code 36-7-14.5-19
and the execution and delivery of the Lease, as approved by the Authority and the Redevelopment
Commission (the “Commission”), pursuant to Indiana Code 36-7-14-25.2, in order to provide for
the financing of the Projects, all upon the following conditions: (a) the maximum aggregate
principal amount of the Bonds shall not exceed $33,000,000; (b) the Bonds shall have a final
maturity date which is not later than fifteen (15) years from the date of their issuance; (c) the
maximum annual lease rental payment during the term of the Lease shall not exceed $5,000,000;
(d) the maximum interest rate on any tax-exempt series of the Bonds shall not exceed six and one-
half percent (6.50%) per annum and on any taxable series of the Bonds the maximum interest rate
shall not exceed eight percent (8.00%) per annum; (e) the Bonds will be subject to optional
redemption prior to maturity not earlier than five (5) years after the date of issuance of the Bonds;
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(f) the maximum term of the Lease shall not exceed nineteen (19) years; and (g) interest on the
Bonds may be capitalized or paid from the proceeds of the Bonds based upon the recommendation
of the municipal advisor to the Authority; and
WHEREAS, in order to provide a source of funding to pay the principal of and interest on
the Bonds when due, the Authority and Commission have authorized a form of Lease dated as of
July 1, 2026 (the “Lease”) providing for the lease of certain property in the City as more fully
described in the Lease (the “Leased Premises”); and
WHEREAS, the Board of Public Works holds certain real property located in the City
described in Exhibit A (the “Property”); and
WHEREAS, the Authority desires to acquire an interest in the Leased Premises for the
purpose of leasing the Property pursuant to the terms of the Lease; and
WHEREAS, in order to effectuate the bond transaction, the Board of Public Works desires
to convey the Property to the Authority pursuant to I.C. § 36-1-11-8 and subject to the terms of
this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD
OF PUBLIC WORKS AS FOLLOWS:
1. The Board of Public Works hereby approves the transfer of the Leased Premises
from the Board of Public Works in accordance with I.C. § 36-1-11-8, the Act. The
President of the Board (the “President”) is authorized and directed, in the name of
the City, to execute and deliver a quit claim deed in a form substantially similar to
the document attached hereto as Exhibit A, conveying all of the Board of Public
Works’ right, title, and interest in the Property to the Authority.
2. The Board of Public Works authorizes Erin Michaels of the City’s Department of
Community Investment to deliver the Deed for recordation to the Office of the
Recorder of St. Joseph County, Indiana and execute any other document necessary
to affect the Authority’s acceptance of the Leased Premises from the Board of
Public Works.
3. This Resolution will be in full force and effect upon its adoption by the Board of
Public Works.
Signature Page Follows
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ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on August 11, 2026, in the City Hall Council Chambers, 3rd Floor, 215 S. Dr. Martin Luther King,
Jr., Boulevard, South Bend, Indiana, 46601.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Joseph R. Molnar, Vice President
Murray Miller, Member
Breana N. Micou, Member
Abigail E. Magas, Member
EXHIBIT A
Form of Quitclaim Deed
[See attached.]
Description of Property. All of the City’s interest in all or a portion of the Property which consists
of (i) Chapin Street from its intersection with Lincoln Way West to its intersection with Sample
Street, (ii) Sample Street from its intersection with Chapin Street to its intersection with Mayflower
Road, (iii) Colfax Avenue/Orange Street from its intersection with South Dr. Martin Luther King,
Jr. Boulevard to its intersection with Meade Street, (iv) Washington Street/Orange Street from its
intersection with Meade Street to its intersection with Kenwood Avenue, (v) Kenwood Avenue
from its intersection with Orange Street to its terminus west of Meade Street, and (vi) Meade
Street/Bertrand Street from its intersection with Kenwood Avenue to its intersection with Eclipse
Place, as more particularly described below:
[The legal description will be included here for the Property prior to recording.]
RETURN TO: AUDITOR’S RECORD:
City of South Bend TRANSFER NO.
215 S. Dr. Martin Luther King, Jr. Blvd., Ste. 500 TAXING UNIT:
South Bend, IN 46601 PARCEL NO. N/A
QUITCLAIM DEED
THIS INDENTURE WITNESSETH THAT Civil City of South Bend, Indiana, by and through its Board of
Public Works (the “Grantor”)
CONVEYS AND QUITCLAIMS TO the South Bend Redevelopment Authority (the “Grantee”), for and
in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, the real estate located in St. Joseph County, Indiana, and more particularly described
in attached Exhibit 1 (the “Property”).
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quitclaim Deed on behalf of the Grantor represent and certify that
each has been fully empowered and authorized to execute this Quitclaim Deed and that all action necessary
to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
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