Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04-16-14 Regular Meeting
South Bend Redevelopment Authority 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Agenda Regular Meeting, April 16, 2014, 10:30 a.m. 1. Roll Call 2. Approval of Minutes A. Approval of Minutes of the Regular Meeting of December 18, 2013. B. Approval of Minutes of the Annual Organizational Meeting of February 19, 2014. 3. New Business A. Certification concerning insurance (Century Center Project, Series 2011B bonds) B. Certification concerning insurance (Century Center Project, Series 2013 bonds) C. Certification concerning insurance (College Football Hall of Fame Project) D. Certification of Replacement Cost of Property (Eddy Street Commons Parking Garage) 4. Next Meeting Date: May 7, 2014, 10:30 a.m. 6. Adjournment NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please Give Reasonable Advance Request when Possible. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTH BENDIN.GOV SOUTH BEND REDEVELOPMENT AUTHORITY REGULAR MEETING December 18, 2013 10:30 a.m. Presiding: Raphael Thomas 1308 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 The December 18, 2013 Regular Meeting of the Redevelopment Authority was called to order at 10:30 a.m. by its President, Raphael Thomas. There was a quorum present. 1. 2. 3. ROLL CALL Members Present: Mr. Ray Thomas, President Mr. Jose Alvarez, Secretary Member Absent: Ms. Carolyn V. Pfotenhauer, Vice President Redevelopment Staff: Mr. Brock Zeeb, Director of Economic Resources Mr. Dave Relos, Associate, Community Investment Mr. Larry Meteiver, Legal Counsel Mrs. Jenny Hullinger, Recording Secretary APPROVAL OF MINUTES a. Approval of the minutes of September 4, 2013 Upon a motion by Mr. Alvarez, seconded by Mr. Thomas, the Authority approved the Minutes of the Regular Meeting of September 4, 2011. NEW BUSINESS a. Authority approval of Resolution No. 187 authorizing payment of settlement funds to Blackthorn Owners' Association Mr. Relos said DuPont made an herbicide that was used on lawns that was later found to also kill some pine trees. It was used in Blackthom. The Authority previously approved the settlement for the claim and the check was made out to the Redevelopment Authority rather than the Blackthorn Owners' Association that maintains the trees. Resolution No. 187 allows the funds to be transferred to the Blackthorn Owners' Association which will use the money to buy replacement trees. Mr. Meteiver said the funds have been placed in a holding account. With the Authority's authorization they will be transferred to the Blackthorn Owners' Association. The trees will be planted in the spring. The settlement was for the trees, maintenance of the new trees, as well as ground preparation. There was $3,000 paid out for legal damages. Upon a motion by Mr. Alvarez, seconded by Mr. Thomas, the Authority approved Resolution No. 187 authorizing payment of settlement funds to Blackthorn Owners' Association and sign off on the certificate of completion. The Redevelopment Authority December 18, 2013 Meeting Minutes b. Authority approval of the second amendment to the Development Agreement for Eddy Street Commons Mr. Relos said the Redevelopment Commission approved this agreement at its meeting on December 12. The original agreement was signed by Kite, the Commission and Authority and the City in 2008 right before the economic downturn. The original agreement needed to be modified. They waited to see how things developed, the impact on property values and when it might be completed because of the economic downturn. Today we see the huge impact that Eddy Street Commons has had — the amount of people that have been employed and the taxes that have been generated from it and the overall economic impact it has generated. This second amendment focuses on the second hotel, the current hotel, various completion dates, and clarification of remaining infrastructure. After the Authority's approval it will go to the Board of Public Works. They are planning on breaking ground on the second hotel this spring. Mr. Alvarez asked for clarification between the direct and indirect impact of the development. Mr. Relos explained the pay received for doing the construction work would be direct benefit and the indirect benefit would be workers spending the money they earned in the city. Mr. Alvarez also asked about the condos being eliminated above the hotel. Mr. Relos said they are not doing the condos above the hotel but are planning an additional sixty flats directly south of the existing hotel. The original agreement specified so many units to be built. With the market the way it is the flats will be better than condos at this time. Financing of condos is difficult — 80% need to be presold before a developer can get financing. Mr. Relos said there is a high demand for all of the housing units that have been built in various price ranges. They are selling as fast as they are built. Upon a motion by Mr. Alvarez, seconded by Mr. Thomas, the Authority approved the second amendment to the Development Agreement for Eddy Street Commons. C. Authority approval of Resolution No. 186 appointing authorized representatives to approve and execute plats and conduct other administrative acts on behalf of the City of South Bend, Indiana, Department of Redevelopment Mr. Meteiver said this is an annual resolution that expedites business in the city without asking the Authority to come in when plats and other small items need a signature. The resolution is updated to include Chris Fielding, Brock Zeeb and Dave Relos to execute the various administrative documents. This resolution expires the end of 2014. S:\ COMMMVESTMANAGEMENT\ADMMISTRATI VE WORKING FILES \REDEVELOPMENT AUTHORITY ADMM92013\I21813.MIN.DOCX The Redevelopment Authority December 18, 2013 Meeting Minutes Upon a motion by Mr. Thomas, seconded by Mr. Alvarez, the Authority approved Resolution No. 186 appointing authorized representatives to approve and execute plats and conduct other administrative acts on behalf of the City of South Bend, Indiana, Department of Redevelopment. 4. NEXT MEETING DATE: January 16, 2014 5. ADJOURNMENT There being no further business to come before the Redevelopment Authority the meeting was adjourned at 10:45 a.m. Ms. Carolyn Pfotenhauer, President Brock Zeeb, Director S: \COMMIN VESTMANAGEMENTWDMMISTRATIVE WORKING FILMIZEDEVELOPMENT AUTHORITY ADMIM2013 \121813.MIN.DOCX SOUTH BEND REDEVELOPMENT AUTHORITY REGULAR MEETING February 19, 2014 1308 County -City Building 11:00 a.m. 227 West Jefferson Boulevard Presiding: Carolyn Pfotenhauer South Bend, IN 46601 The February 19, 2014 Regular Meeting of the Redevelopment Authority was called to order at 11:00 a.m. by its Vice President, Carolyn Pfotenhauer. There was a quorum present. 1. ROLL CALL Members Present: Ms. Carolyn V. Pfotenhauer, Vice President Mr. Jose Alvarez, Secretary Member Absent: Mr. Ray Thomas, President Redevelopment Staff: Mr. Brock Zeeb, Director of Economic Resources Mr. Dave Relos, Associate, Community Investment Mr. Larry Meteiver, Legal Counsel Mrs. Cheryl Phipps, Recording Secretary Others: Mr. John March, Community Investment Ms. Janice Talboom, Deputy City Clerk 2. SWEARING IN OF AUTHORITY MEMBERS The Mayor has appointed Ms. Carolyn V. Pfotenhauer and Mr. Jose Alvarez to serve on the Redevelopment Authority in 2014. One additional appointment will be made at a later time. Ms. Janice Talboom conducted the swearing in of Ms. Pfotenhauer and Mr. Alvarez for 2014. ELECTION OF OFFICERS Mr. Alvarez nominated Ms. Pfotenhauer to be President in 2014. Ms. Pfotenhauer nominated Mr. Alvarez to be Secretary and Mr. Thomas to be Vice President in 2014. The vote being unanimous, Ms. Pfotenhauer was elected President, Mr. Thomas Vice - President, and Mr. Alvarez Secretary. 4. SET REGULAR MEETING TIMES FOR 2014 A. Resolution No. 188 approving a schedule of Regular Meeting Times for Calendar Year 2014. Mrs. Phipps led discussion of the preferred location for the meetings and of whether the Authority wished to schedule two meetings per month. The decision was made to again schedule the Regular Meetings for the 14`h floor Community Investment conference room on the 1" and 3`d Wednesdays at 10:30 a.m. The Redevelopment Authority February 19, 2014 Meeting Minutes 4. SET REGULAR MEETING TIMES FOR 2014 A. Resolution No. 188 (continued) Upon a motion by Mr. Alvarez, seconded by Ms. Pfotenhauer and unanimously carried, the Authority approved Resolution No. 188 approving a schedule of Regular Meeting Times for Calendar Year 2014. 5. NEW BUSINESS A. Certification concerning insurance and tax liability (Eddy Street Commons Project) March explained that he verified with Ms. Penny Price of Administration & Finance that insurance on the Eddy Street Commons Parking Garage is current with Gibson Insurance. He also verified with Ms. Debrah Jennings that the taxes on that property are current. The insurance expires March 2, 2014. He asked Ms. Price to forward a copy of the binder to him when it is renewed and he will forward that to U.S. Bank as proof that it has been renewed. Upon a motion by Ms. Pfotenhauer, seconded by Mr. Alvarez and unanimously tamed, the Authority approved the Certification concerning insurance and tax liability (Eddy Street Commons Project) B. Certification concerning insurance and tax liability (2008 Century Center Bond) March explained that he verified with Ms. Penny Price of Administration & Finance that the Century Center is on the city's global policy. The building insurance is for approximately $32,000,000, and contents are insured at approximately $5,000,000. Mr. Alvarez asked whether those amounts are adequate to protect the investment. Mr. March responded that he believes they are. Upon a motion by Ms. Pfotenhauer, seconded by Mr. Alvarez and unanimously carried, the Authority approved the Certification concerning insurance and tax liability (2008 Century Center Bond) The Redevelopment Authority February 19, 2014 Meeting Minutes 6. ADJOURNMENT There being no further business to come before the Redevelopment Authority Mr. Alvarez made a motion that the meeting be adjourned. Ms. Pfotenhauer seconded and the meeting was adjourned at 11:13 a.m. Carolyn V. Pfotenhauer, President Brock Zeeb, Director embank. Corporate Trust Services 60 Livingston Avenue EP- MN -WS3C St. Paul, MN 55107 -2292 March 03, 2014 Mr. Brock Zeeb South Bend Redevelopment Authority 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Re: South Bend Redevelopment Authority Lease Rental Revenue Bonds, Series 20118 (Century Center Project) Dear Mr. Zeeb: U.S. Bank Corporate Trust Services has the responsibility to track receipt of compliance items for your account. This notice is provided to you in advance of the due date for the compliance item(s) listed to assist you in meeting the terms of the documents. Item Insurance - Obligor's Compliance Certificate Document Reference 7.05 First Supplemental Trust Agreement Due Date 03/31/2014 Please send the required items to me at the address listed above by the due date. If possible, please include a copy of this letter. If the items listed have been previously provided, if the due date is incorrect, if this notice should be directed to another party or if you have any questions, please contact me at 651 -466 -6291, jennifer.edwards2 @usbank.com or T.Scott Fesler, your Account Manager, at 317 - 264 -2501, scott.fesler@usbank.com. Thank you for your attention to this matter. Sincerely, E wards Assistant Vice President Fax: 651 -466 -7427 Email: jennifer.edwards2 @usbank.com 149537000 1092539 All of ® serving you- 3� John March From: Penny Price Sent: Monday, March 24, 2014 3:30 PM To: John March Subject: RE: Bond Compliance Items Hi John, Our current Statement of Values shows the following insured amounts: College Football Hall of Fame $10,448,598 Building $ 2,524,750 Contents $ 6,000,000 Fine Arts Century Center $31,787,490 Building $ 5,301,975 Contents Let me know if you need anything else. Penny - - - -- Original Message---- - From: John March Sent: Wednesday, March 19, 2014 2:09 PM To: Penny Price Subject: RE: Bond Compliance Items Thanks, - - - -- Original Message---- - From: Penny Price Sent: Wednesday, March 19, 2014 1:20 PM To: John March Subject: Re: Bond Compliance Items I'm out of the office until Friday. I'll look into it then. Penny On Mar 19, 2014, at 9:50 AM, "John March" <jmarch @southbendin aov> wrote: > Good morning Penny, > I am working on the bond certifications for U.S. as required by the various bond documents. > Last year you provided me with the insurance information and I was hoping you could again. > 1) The City of South Bend has proper insurance coverage for the following bonds: > A) College Football Hall of Fame Refinance Bond of 2011. Include amount of coverage for the building and > contents. > B) Century Center Refinance Bond of 2011. Include amount of coverage for the bu 1 (ding and contents. > I have attached your response from last year. The same information would be helpful. > Thank you again foryour help in this matter *John March > Associate * City of South Bend > Department of Community Investment * 227 W. Jeferson Blvd., Suite 1400 S. > South Bend, In 46601 > (574) 235 -5839 > <Bond Compliance.eml> 2 EXHIBIT B OFFICER'S CERTIFICATE Reference is made to the Trust Agreement dated as of August 1 , 2001, as amended (the "Governing Document "), between the South Bend Redevelopment Authority, a public body corporate and politic, organized and existing under Indiana Code 36- 7_14.5, as amended (the "Company "), and U.S. Bank National Association, as trustee (the "Trustee,,). The undersigned officer hereby certifies to the Trustee that: (i) I have read all relevant sections of the Governing Documents relating to Insurance and the definitions relating thereto; (ii) I have made such examination or investigation as is necessary or appropriate in order to make the statements contained herein; (iii) I have made such examination or investigation as is necessary to enable me to express an informed opinion as to whether or not the terms, conditions and covenants in the Governing Documents with respect to insurance matters have been complied with; and (iv) Based on examination and review of the Governing Documents, all of the terns, conditions and covenants set forth in the Governing Documents as they relate to Insurance matters have been satisfied and are in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Officer's Certificate this _ day of , 20 SOUTH BEND REDEVELOPMENT AUTHORITY Title: B -1 BDDBOI 6659870v3 embank. Corporate Trust Services 60 Livingston Avenue EP- MN -WS3C St. Paul, MN 55107 -2292 March 03, 2014 Mr. Brock Zeeb South Bend Redevelopment Authority 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Re: South Bend Redevelopment Authority Lease Rental Revenue Refunding Bonds, Series 2013 (Century Center Project) Dear Mr. Zeeb: U.S. Bank Corporate Trust Services has the responsibility to track receipt of compliance items for your account. This notice is provided to you in advance of the due date for the compliance item(s) listed to assist you in meeting the terms of the documents. Item Document Reference Due Date Exhibit C of First Supplemental Trust 8.03 03/31/2014 Agreement First Supplemental Trust Agreement Please send the required items to me at the address listed above by the due date. If possible, please include a copy of this letter. If the items listed have been previously provided, if the due date is incorrect, if this notice should be directed to another party or if you have any questions, please contact me at 651 -466 -6291, jennifer.edwards2 @usbank.com or T.Scott Fester, your Account Manager, at 317 -264 -2501, scott.fesler@usbank.com. Thank you for your attention to this matter. Sincerely, Edwards Assistant Vice President Fax: 651 -466 -7427 Email: jennifer.edwards2 @usbank.Com 207223000 1235988 All of M serving you- 3 Q John March From: Penny Price Sent: Monday, March 24, 2014 3:30 PM To: John March Subject: RE: Bond Compliance Items Hi John, Our current Statement of Values shows the following insured amounts: College Football Hall of Fame $10,448,598 Building $ 2,524,750 Contents $ 6,000,000 Fine Arts Century Center $31,787,490 Building $ 5,301,975 Contents Let me know if you need anything else. Penny - - - -- Original Message---- - From: John March Sent: Wednesday, March 19, 2014 2:09 PM To: Penny Price Subject: RE: Bond Compliance Items Thanks, - - - -- Original Message---- - From: Penny Price Sent: Wednesday, March 19, 20141:20 PM To: John March Subject: Re: Bond Compliance Items I'm out of the office until Friday. I'll look into it then. Penny On Mar 19, 2014, at 9:50 AM, "John March" <imarch@southbendin eov> wrote: > Good morning Penny, • I am working on the bond certifications for U.S. as required by the various bond documents. • Last year you provided me with the insurance information and I was hoping you could again. > 1) The City of South Bend has proper insurance coverage for the following bonds: • A) College Football Hall of Fame Refinance Bond of 2011. Include amount of coverage for the building and • contents. • B) Century Center Refinance Bond of 2011. Include amount of coverage for the building and contents. > I have attached your response from last year. The same information would be helpful. > Thank you again for your help in this matter > > John March > Associate > City of South Bend > Department of Community Investment > 227 W.leferson Blvd., Suite 1400 S. > South Bend, In 46601 > (574) 235 -5839 > <Bond Compliance.eml> F EXHIBIT C OFFICER'S CERTIFICATE Reference is made to the Trust Agreement dated as of November 1, 2008, as amended (the "Governing Document'), between the South Bend Redevelopment Authority, a public body corporate and politic, organized and existing under Indiana Code 36- 7_14.5, as amended (the "Company "), and U.S. Bank National Association, as trustee (the "Trustee -). The undersigned officer hereby certifies to the Trustee that: (i) I have read all relevant sections of the Governing Documents relating to Insurance and the definitions relating thereto; (ii) I have made such examination or investigation as is necessary or appropriate in order to make the statements contained herein; (iii) I have made such examination or investigation as is necessary to enable me to express an informed opinion as to whether or not the terms, conditions and covenants in the Governing Documents with respect to insurance matters have been complied with; and (iv) Based on examination and review of the Governing Documents, all of the terms, conditions and covenants set forth in the Governing Documents as they relate to Insurance matters have been satisfied and are in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Olfrcer's Certificate this day of , 20 SOUTH BEND REDEVELOPMENT AUTHORITY C -1 [bank. Corporate Trust Services 60 Livingston Avenue EP- MN -WS3C St. Paul, MN 55107 -2292 March 03, 2014 Mr. Brock Zeeb South Bend Redevelopment Authority 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Re: South Bend Redevelopment Authority Taxable Lease Rental Revenue Refunding Bonds, Series 2011A (College Football Hall of Fame Project) Dear Mr. Zeeb: U.S. Bank Corporate Trust Services has the responsibility to track receipt of compliance items for your account. This notice is provided to you in advance of the due date for the compliance item(s) listed to assist you in meeting the terms of the documents. Item Insurance - Obligor's Compliance Certificate Document Reference Due Date 6.04 03/31/2014 First Supplemental Trust Agreement Please send the required items to me at the address listed above by the due date. If possible, please include a copy of this letter. If the items listed have been previously provided, if the due date is incorrect, if this notice should be directed to another party or if you have any questions, please contact me at 651466 -6291, jennifer.edwards2 @usbank.com or T.Scott Fesler, your Account Manager, at 317 - 264 -2501, scott.fesier@usbank.com. Thank you for your attention to this matter. Sincerer Jen Edwards Assistant Vice President Fax: 651 -466 -7427 Email: jennifer.edwards2 @usbank.com 149536000 1092530 All of W serving you- 3c John March From: Penny Price Sent: Monday, March 24, 2014 3:30 PM To: John March Subject: RE: Bond Compliance Items Hi John, Our current Statement of Values shows the following insured amounts: College Football Hall of Fame $10,448,598 Building $ 2,524,750 Contents $ 6,000,000 Fine Arts Century Center $31,787,490 Building $ 5,301,975 Contents Let me know if you need anything else. Penny - - - -- Original Message---- - From: John March Sent: Wednesday, March 19, 2014 2:09 PM To: Penny Price Subject: RE: Bond Compliance Items Thanks, - - - -- Original Message---- - From: Penny Price Sent: Wednesday, March 19, 2014 1:20 PM To: John March Subject: Re: Bond Compliance Items I'm out of the office until Friday. I'll look into it then. Penny On Mar 19, 2014, at 9:50 AM, "John March" < > wrote: > Good morning Penny, • I am working on the bond certifications for U.S. as required by the various bond documents. • Last year you provided me with the insurance information and I was hoping you could again. > 1) The City of South Bend has proper insurance coverage for the following bonds: > A) College Football Hall of Fame Refinance Bond of 2011. Include amount of coverage for the building and > contents. > B) Century Center Refinance Bond of 2011. Include amount of coverage for the building and contents. > I have attached your response from last year. The same information would be helpful. > Thank you again for your help in this matter >John March > Associate > City of South Bend > Department of Community Investment > 227 W. Jeferson Blvd., Suite 1400 S. > South Bend, In 46601 > (574) 235 -5839 > <Bond Compliance.eml> 2 EXIIIBIT B OFFICER'S CERTIFICATE Reference is made to the Trust Agreement dated as of NoVember 1, 2000, as amended (the "Governing Document "), between the South Bend Redevelopment Authority, a public body corporate and politic, organized and existing under Indiana Code 36 -7 -14.5, as amended (the "Company "), and U.S. Bank National Association, as trustee (the "Trustee "). The undersigned officer hereby certifies to the Trustee that: (i) I have read all relevant sections of the Governing Documents relating to Insurance and the definitions relating thereto; (ii) I have made such examination or investigation as is necessary or appropriate in order to make the statements contained herein; (iii) I have made such examination or investigation as is necessary to enable me to express an informed opinion as to whether or not the terms, conditions and covenants in the Governing Documents with respect to insurance matters have been complied with; and (iv) Based on examination and review of the Governing Documents, all of the terms, conditions and covenants set forth in the Governing Documents as they relate to Insurance matters have been satisfied and are in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Officer's Certificate this _ day of , 20 SOUTH BEND REDEVELOPMENT AUTHORITY Title: 01 embank Corporate Twat services 60 Livingston Avenue EP- MN -WS3C SL Paul, MN 55107 -2292 March 03, 2014 Mr. Brock Zeeb South Bend Redevelopment Authority 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 RECEIVED REAR 0 6 2 ®94 Re: South Bend Redevelopment Authority Lease Rental Revenue Bond of 2008 (Eddy Street Commons Project) Dear Mr. Zeeb: U.S. Bank Corporate Trust Services has the responsibility to track receipt of compliance items for your account. This notice is provided to you in advance of the due date for the compliance item(s) listed to assist you in meeting the terms of the documents. Item Document Reference Due Date Certification of Replacement Cost of Property 6.02(a) 04101/2014 Trust Agreement Please send the required items to me at the address listed above by the due date. If possible, please include a copy of this letter. If the items listed have been previously provided, if the due date is incorrect, if this notice should be directed to another party or if you have any questions, please contact me at 651 -466 -6291, jennifer.edwards2 @usbank.com or T.Scott Fesler, your Account Manager, at 317 - 264 -2501, scott.fesler @usbank.com. Thank you for your attention to this matter. Sincerely, Jan Edwards Assistant Vice President Fax: 651 -466 -7427 Email: jennifer.edwards2 @ usbank.com 122418000 719171 All of IM serving you- April 16, 2014 RE: South Bend Redevelopment Authority Lease Rental revenue Bond of 2008(Eddy Street Commons Project). Dear Ms. Edwards, Attached please find the following: 1) Eddy Street Commons Insurance Binder for period of March 2, 2014 through June 2, 2014, Showing Building and Infrastructure insured-at $36,000,000.00, and Business income & Rental Value insured at $15,000,000.00.2) Most recent repla ement cost estimate by Carl Walker showing full replacement cost of $22,100,000.00. 3) Current amortization schedule showing principal of $33,540,000.00 and Interest of $942,334.00, for a total liability of $34,482,334.00. It is our opinion we have satisfied the Certificate of replacement cost or property of Section 6.02a of the trust agreement by providing you with the above information. Please review the attached information If you require additional information or have any questions please contact John March at 574- 235 -5839 Email Jmarch @southbend in.gov. arh SOUTH BEND REDEVELOPMENT AUTHORITY t, INSURANCE BINDER DATE AGENCY COMPANY -- --- __ Gibson Insurance Agency, Inc. Federal Ins Co ..N) s 130 S Main St, Ste 400 DEDUCTIBLE 81422150777 AMOUNT DATE EFFECTIVE TIME EXPIRATION PO Box 11177 X AM X 12:01 AM South Send IN 46601 -0177 3/2/2014 12:01 PM 61212014 NOON AIC NO (800)814 -2122 FAX 800)836 Ext: .( -2122 THIS SINGER IS ISSUED TO EXTEND COVERAGE X IN THE ABOVE NAMED COMPANY CODE: 7-35068 SUB CODE: PER EXPIRING POLCY#. 35903434 RENT MI S MEOEXP(Myonepersn) AGENCY 00003140 CUSTOMER DESCRIPTION OF OPERATIONSIVEHICLESIPROPERTY Commercial Property: OncluElnp LOCallon) INSURED City of South Bend Eddy Street Commons PERSONAL A ADV INJURY 1200 N County City Building Parking Garage Dept of Admin & Finance South Bend, IN GENERAL AGGREGATE South Bend IN 46601 rnvcaeaFc MORTGAGEE u ADDITIONAL INSURED LOAN p AUTHORIZED REPRESENTATIVE Ins Agency /ALKIRE ACORD 75 (2010/04) Page 1 of 2 ©1993 -2010 ACORD CORPORATION. All rights INS075 po1oo ).D2 The ACORD name and logo are registered marks of ACORD LIMITS TYPE OF INSURANCE PROPERTY CAUSESOFLOSS COVERAGE�FORMS DEDUCTIBLE COINS% AMOUNT BASIC BROAD [A] SPEC Building & Infrastructure, Special form Business Income & Rental Value, Special form 25,000 25,000 36,000,000 15,000,000 GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAMS MADE OCCUR RENT MI S MEOEXP(Myonepersn) E $ PERSONAL A ADV INJURY $ GENERAL AGGREGATE $ RETRO DATE FOR CLAIMS MADE: PRODUCTS - COMPIOP AGG $ VEHICLE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY Per person $ ALL OWNED AUTOS BODILY INJURY(Peractldenl) $ SCHEDULEDAUTOS PROPERTY DAMAGE $ HIRED AUTOS NON -0WNEO AUTOS MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ ACTUAL CASH VALUE $ VEHICLE PHYSICAL DAMAGE CEO ALL VEHICLES Ll SCHEDULED VEHICLES COLLISION : STATEDAMOUNT $ OTHER THAN COL• GARAGE LABILITY AUTOONLY- EAACCIDENT $ ANYAUTO OTHER THAN AUTO ONLY: EACHACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE g OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF - INSURED RETENTION $ WORKER'S COMPENSATION WC STATUTORY LIMITS E. L. EACH ACCIDENT $ AND EMPLOYER'S LIABILITY E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE, POLICY LIMIT $ SPECIAL CONDITIONS I FEES E TAXES E OTHER COVERAGES ESTIMATED TOTAL PREMIUM E - e • ^ ^ ^' ^^ MORTGAGEE u ADDITIONAL INSURED LOAN p AUTHORIZED REPRESENTATIVE Ins Agency /ALKIRE ACORD 75 (2010/04) Page 1 of 2 ©1993 -2010 ACORD CORPORATION. All rights INS075 po1oo ).D2 The ACORD name and logo are registered marks of ACORD rp �kIE��' w t Eddy Street Commons Garage - Replacement Cost Estimate September 5, 2012 The following primary features of the garage have been identified which have an impact on the construction cost of the parking garage. 1. 2. 3. 4. 5. Cast -in -place post- tensioned structural system, with 7" thick slabs. Brick fagade Basement level 2 hour fire rated construction Foundations consist of spread and strip footings. Retaining wall foundation around perimeter. 6. Mechanical ventilation and sprinklers on each level. 7. Aluminum architectural security grille 8. (2) double elevator banks consisting of (4) total elevators 9. (3) Stair towers, fourth stair between basement level and ground level, 10. Metal pan stairs 11. Painted Hollow Metal doors and Aluminum Storefront with vision glazing. 12. Reinforced masonry bumper walls and steel pipe railings on exterior. 13. Reinforced masonry walls on exterior at adjacent buildings. 14. Cast -in -place concrete bumper walls with barrier cables along interior ramp. 15. Double columns and expansion joint at center of garage 16. Increased first floor clearance. 17. Epoxy coated reinforcement; slabs, column ties, downtumed beams top reinforcement and stirrups, upturned beams bottom reinforcement and stirrups. 18. Corrosion inhibitor admixture for beams and slabs. 19. Steel roof deck for stair towers and 4" concrete on composite metal deck for the elevator towers. REPLACEMENT COST ESTIMATE Cart Walker's opinion of the Eddy Street Commons Parking Garage (1,253 spaces, 433,295 sf) full replacement cost in current 2012 dollars is as follows: Demolition Cost $ 1,200,000 New Construction Cost $20,900,000 Full Replacement Construction Cost $22,100,000 The above costs are construction costs and do not include soft costs associated with the demolition and /or construction of the new garage. Soft Costs may include evaluation, current code compliance review, testing, design, etc. We recommend including 10% of the construction cost to account for the associated soft costs. Soft Costs wa $ 2,210,000 Eddy Street Commons Garage - Replacement Cost Estimate September 5, 2012 LIMITATIONS In providing estimates of probable construction cost, the City of South Bend (City) understands that the Carl Walker has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractor's method of pricing, and that the Consultant's estimates of probable construction costs are made on the basis of the Consultant's professional judgment and experience. The Consultant makes no warranty, express or implied, that the actual cost of the Work will not vary from the Consultant's estimate. Please contact our office if you have any questions. Very truly yours, CARL WALKER, INC. Russell Randall, P.E. Principal cc: Michael Ortlieb, Carl Walker, Inc. P. \NPS \N- 2012 \NI - 2012 -7A1 Eddy SI Goroge Repbce"nl Cost Eslimole \LT March_Eddy St Goroge Replocemenl Cost E511mole 09- OS-2012.docx -3- r r d � � i t? i July 17, 2012 Email: imarch@soUthbendin.gov Mr. John March Fiscal Officer Community and Economic Development City of South Bend 1200 County -City Building South Bend, IN 46601 RE: Eddy Street Commons Parking Garage - Replacement Cost Estimate Carl Walker, Inc. Proposal #N1 -12 -121 Dear Mr. March, Carl Walker, Inc. is pleased to present this proposal to prepare an estimate of the "full replacement cost' of the Eddy Street Commons Parking Garage in South Bend, IN. PROJECT UNDERSTANDING & SCOPE Wilhelm Construction Company completed construction of the 1,253 space parking garage in 2009. The City of South Bend is required to maintain insurance "against physical loss or damage" in amount of "(1007.) of the full replacement cost of the project as certified by a registered architect, a registered engineer, or a professional appraisal engineer selected by the Authority ". Carl Walker has been requested to provide an estimate of the full replacement cost, in 2012 dollars, of the parking garage. To provide this replacement cost, Carl Walker will „ - 1. Review the original design drawings to understand project s¢e and details related to cost. 2. Review the Construction Contract to understand the original construction cost presented by Wilhelm. 3. Develop an estimate of full replacement cost based on square foot costs for the following: a. Demolition cost based on historical cost information available to Carl Walker. b. New Construction Costs based on: • Original construction costs. • Historical costs of parking structures, both regionally and notionally. • Industry cost database (RS Means). 4. Prepare a letter identifying our opinion of the parking garage full replacement cost. 5136 Lovers Lone, Suite "<N <010 Ki100. Ant 49002 ?269.351.2222 F. 269.349,4656 w ,".'rwolkeccom kv ;, , s LIMITATIONS Community and Economic Development City of South Bend Eddy Street Commons Parking Garage - Replacement Cost Estimate Carl Walker, Inc. Proposal #N1 -12 -121 In providing estimates of probable construction cost, the City of South Bend (City) understands that the Carl Walker has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractor's method of pricing, and that the Consultant's estimates of probable construction costs are made on the basis of the Consultant's professional judgment and experience. The Consultant makes no warranty, express or implied, that the actual cost of the Work will not vary from the Consultant's estimate. PROPOSED FEE We propose to provide the above scope of services for a fixed fee of $3,000, including estimated reimbursable expenses. We have enclosed the Carl Walker Standard Terms and Conditions under which we propose to provide our services. Trusting our proposal as outlined above is acceptable, please sign and return the enclosed copy of this letter to serve as our agreement and as our authorization to proceed. If you have any questions, please call. Thank you for the opportunity and we look forward to being of service to you. Very truly yours, CARL WALKER, INC. % P ,oG Michael 4ie , .E. G Executive Vice President Enclosures: Standard Terms and Conditions cc: Ray Smith, Carl Walker, Inc. ACCEPTED BY: CITY OF SOUTHBEND Signature M: \NPS \Proposals \Mktg- 2012 \Kalamozoo S IndianOPOMNI -12 -121 Sw'h'end Appra4al \lt PrOpOSal07- 16- 12�Pdated.doc 2- CARL WALKER, INC. 311/12 TERMS AND CONDITIONS Performance: Carl Walker, Ina and its employees Wfl strive to exercise the degree of skin and care expected by customs ••Iy accepted good engineering practices and procedures. No other warranties, expressed or implied, are made with respect to Car/ Walker's performance, unless agreed to in writing. Carl Walker is riot a guarantor of the project to which its services are directed, and its responsibility is limited to work performed for the Client. Carl Wa &errs not responsible for acts or omissions of the Client, nor third parties not under its direct control. Access To Site: Unless otherwise slated, Carl Walker wig have access to the project site for activities necessary for the performance of the services. Cad Walkerwill take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. Fees: Fees are accrued on an hourly basis, unless other arrangements are established. No Increase in rate for overtime. No charges for travel time of professional staff outside of normal workday unless fims is productive. Technicians may charge up to 2 hours on weekdays for travel outside of normal workday, or up to 4 hours per day for travel on weekends. The total fee, if staled, shall be understood to be an estimate, and shall not be exceeded by more than ten percent without written approval of the Client. Where the fee arrangement is to be on an hourly basis, the rates shall be time that prevail at the time services are rendered. Expenses: Subsistence and out -of- pocket expense incurred for travel, lodging, and meals; reproduction and shipping; etc. Coal + 15% Company or personal cars — .fi4 /mi Company trucks or vans — .64/ml Telephone expenses shag be billed at %% of labor fees Equipment Usage: Approximately equal to I% of the replacement cost per day, subject to adjustment for minimum or extended usage. Outside Consulting, Testing, or Subcontracted Services: Cost plus 10% if Consultant has at least $500,000 Prdessbnal/General Liability Insurance, otherwise 20 %. Consulenls'tenspodation, subsistence, and out- of-pocket expenses plus 15 %. Billings/Payments: Invoices for Cad Walker's services shalt be submitted, at Cad Wa/ker'soption, either upon completion of such services or on a monthly basis Invoices shall be due and payable by the last day of the month following the month when the Invoice was mailed. If the invoice is not paid when due, Cad Walkermay, without waiving any claim or right against the Client, and without liabirdy whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid by the last day of the month following the month when the invoice was mailed will be subject to a monthly service the charge lient shall pay all then osts unpaid f collection, including easonabletahomeys fees. any Amon or all of an account remains unpaid 90 days after biging, Storage: Material samples not consumed in our work may be discarded 30 days after submission of the lest report unless the Client requests other disposition. Charges may be made, after notification, for extended storage of materials, records, or equipment. Safety: Field work will be performed only under safe conditions. Charges may be made for safety or security measures required by hazardousjob conditions. Insurance: The primary coverages provided by Carl Walker are $1,000,000 for general liability, $500,000 for automobile liability, $500,000 for Coverage o subject to annual re00wa1.0 for professional liability. Umbrella coverage of $1,000,000 applies to general and automobile liability only, Indemnification: The Client shag indemnify and hold harmless Cad Walker and all of Its personnel from and against any and all claims, damages, losses, and expenses (including reasonable attorneys fees) arising out of or resulting from the performance of the services, to the extent that any such claim, damage, loss, or expense is caused by the negligent act, omission, and/or strict liability of the giem, anyone directly or indirectly employed by the Client (except Carl Walker), or anyone for whose acts any of them may be liable. Hazardous Materials: Cad Walker shall have no responsibility for the discovery , presence, handling, removal or disposal of or exposure of (PCB) persons to ha bz� substances, in any form at the project site, inducting but not limited to asbestos, asbestos pmduds, polychbrinated biphenyl Risk Allocation: In recognition of the relative risks, rewards, and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Car/ Walker's total liability to the Client fa any and all in tides, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes, shall not exceed Cad Walkers fee or $50,000, whichever is greater. Such causes include, but are not limited to, Cad Walker's negligence, errors, omissions, strict liability, or breach of contract or breach of warranty. hereunder. m Termination In the event of termination, agreement Client shall terminated by the Client or Cad Walker should the otter fag to perform its obligations expenses, and reimbursable termination expenses. Car/ Walker for all services rendered to the dale of termination, an reimbursable Ownership of instruments of Service: All reports, drawings, specificafions, CADD files, geld data, notes and other documents and instru ments prepared by Carl Walkeras instruments of service shall remain the property of Cad Walker. The Client undersends that changes or modifications to the documents made by anyone other than Cad Walkermay result in adverse consequences which Cad W11kercan neither predict nor oontrd. Therefore, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify Cad Walker from and against all claims, fiatimues, losses, damages, and costs, including, but not limited to, attorney fees arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by the Client or others of the documents provided by Cad Wa /kerunderthe agreement Applicable Laws: Unless otherwise specified, this agreement shall be governed by the laws of the slate in which the CadWalkeroffice is located. Mediation: In an effort to resolve any conflicts that arise during the design or construction of the project or fielf g the compeVon of the project, the Client and Cad Walker agree that ail disputes between them arising out of or relating to this agreement shall be submiled to the mediation unless the parties mutually agree otherwise. Project Name Project Number BPW Approval Date E)YIPLOYIVIENT ELIGIBILITY VERIFICATION STATE OF INDIANA ) roh..�o.>t, ) SS: i_ COUNTY ) The Contractor affirms under the penalties of perjury that he/she/it does not ktmwingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E- Verify program as defined in IC 22- 5- 13.3. The Contractor is not required to participate should the E- Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self - employed and does not employ any employees. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently ]cams is an unauthorized alien. The Contractor shall require his/her /its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Dated this J day of I X20 L�c ntrar on er am) Signature of C n c rBidder or Its Agent a)u;d K4ef± 5enpry -poi Frnance' Printed Name and Title Subscribed and sworn to before me this day of L 0�- My Commission Expires otary lie County of Residence l (a to 2�i re(i ANGELINA E MEREDITH Notary PuNk • Mkhlptn V" Buttn County 011. My commhtiott EW(as Mu 21, 2018 Acting In the County of #Gr lam&7P:) Ia�IN N NNN yN N NNNNNNN N13NNNN Ig NN t3N N 13 NN NNNNN SNNN NN N NNR,N W N N 0000(00 tOmm OV VOOmmmOAA OW WON N+OOOOmIOG Om mOJ VOm Om mUTA A W W N N OOOOS tpp W W W W W N N N N N N N N N N N N N N N N N N ++++ Nm A OSOoOUi O[pl�fmli O(T (ml� (UII OUO(UT OtOII Omio OOSOOOOOpi Umi (V11 (ml�(UjIU U N �0 A W N0+ 0o O o in kilo oog$ $' m�'ii 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O S O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O S O O O O O O O O S O O O O O O O O O O O O O O O O O O O O S S O O 0.0 +NpA (ppT m V!OO+N W A U m V mlOO N+N(pNil A UNi fNII ONI yV V O O O O O O O 0 O V O tp O O O O pO O O O 0 O O O U O O 0O 0O O O 0 O O O y O NtO O N[O OO �N W (Wpif 0A0Aa N (WS� U(Wll � mONO >0U0(J0PEA, ip -0 OOTp n S$ O O O O O O O O O 0O 000004 0Ol 0pWj pm G $ O O O O O O O O O O O O O O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C O O O O S O O C O O O O 'O O O O O O O O O O O O O O O O O C m rn m O) m m m m m m U U U m m U U U U U U U U U U m m m m U U U A a A A A A A A A A A A A 00 O O O O O O O O O O N N O e O O O O O O U U U lO T U O O O U O U O O O O O O O O O D O ..0000. 6 O O O O O O O O O D U N O O O 0 O 0 O e e e 9 e v ev e 9 e v eveeeeeeevee veveveeeevaee ve evevee Ow s a $$$$ + N N N W W m S N A J O W T UW m ( mJ O S O N JVa, p W O N A (WT V m (O p N (pJ d (pT N V V pW mm {pp O 1pp (pp tpp N O A W V M m P+ W N W [O t0 m A PP O A V O N W A O D U A N j m m w O++ N N N O m pm 50 .ON" +(OmNm WNW mm g N �m i SN O V NS(O lD [AOOm N iS(O.l W W (W�(�f (WAS [U�S(WJ tUv(UJ (U�(U.l �(UJ 0 0 0 0 0 0 0 0 0 [OO O O S p p V m m N !O W N N V V V V V V N m A A A A A A p A A A A p AAA A A A O O O O 0 0 o O o o O o O o 0 0 0 0 o O o 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 o p o 0 0 O p p p p p p p O O O O O O O p p p p p p p O O p p O p p O p p O O p O p O p p p p 0.0.0.0 m °Am °m$lrnm °Am rnvi m °mmw °m °m °mmAmm °rnmrn mArnrn °m aai%rn$lm ° °mrnm $irn mm °rnm °�i v m a am'mm�pnm Ol O NN +(O O O O O O O H O O N m "N 0 O(V N N V V V V V V N m A p A A Ja A ya, A A A p A Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 + N N N N N N N N N N N N N N N N N N N N N N > to in m co <o m m co m m iv o �o co to to io m m m m r� m m m N N N N N N W W N N N W N v AN O NW N W N N m t0 m U V m V O V V V O (O A W + O W W S pO� O O o S S (00 N S W W N A a A A 0 S mm S m S m m m O OO O O O O O O O O O O O O O O O S O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O NmNmNmNm LQlo Q+'ml."n+L'mL+.l wN w L+IzQZQ+lZ t�m.+Ll mNm UU UUU UU [�[`(TU U U U �U_l U UUU U U UU UU U (\(\IU Ufn UU UUU�(\N(`q(`N �jU O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0O(NOO NW mNVVm M(Nil (NTAAW NJNN NOO[O wVVOi Of tT (nAAWWNN ++ m oai m Ol m Ol N Ol t)1 (pli Omi Vmi OmI T _(mll (T OVl V V V� (>t A A m m J V U (mT Vmi (ml� [mll (mT V V A A P A i i N (0 Wm O OOOOOOOOOOOOO U UUOOU U V (!t fTTpOOOOb UI fll 11 ()t O b -tU OON(n ()t O O O O O O O O O O O O O O O O O O O O O O$ O O O O O O O O O O O O O O O O O O O O O O 00000000000000000000000000000000000000 OOOOOCI 0 o O o O o o O o 0 o O o 0 0 0 0 0 o O O p o 0 0 0 o O o 0 0 0 0 o O o 0 0 $ 0 0 0 0 0 0 + N N N N N N N N N N N N N N N N N N N N N N A (O m t0 (O m (D IO O i0 t0 c0 (O c0 [O (D t0 t0 m m W m W O O O O O O O O O O O O O O O O O O O O p O $ O O O O O O O O O O O O O O O O O O O O O O O O S O O O O O O O O O O O S O O O S d Wd m N N � m r V d N ry N � N d 0 O D b_ O N O � D O p A m m O N O O 00 W V V U i + 0 N + O � � O t^p O � O O � O a m 3 J R N N d 6 D c p r w mM a x C- m '< 7 (n N N CD CD 0 C l ^ ! N O 3 3 m 3 co O o :3 7 N N T Q CD Q K O OD