HomeMy WebLinkAboutagenda item 2015 0514 rdc 06c5Department of
Community Investment
Memorandum
Monday, May 11, 2015
TO: Redevelopment Commissioners
FROM: Chris Fielding
SUBJECT: Chase Plastics
In November staff brought forth a proposal of terms negotiated with Chase Plastics/CBK land
development to build a new distribution center here in South Bend.
Chase Plastics is a leading North American full-service specialty engineering thermoplastic distributor
serving plastic processors throughout North and Central America. The facility, to be located in the
Ameriplex at Interstate 80/90 project, will be approximately 125,000 square feet in size and located on
9.55 acres in South Bend's 1st District. This project will result in new private investment of approximately
$5.6 million and create 13 new jobs.
We are pleased to present a finalized and executed Development Agreement in your packet today ,
outlining the commitment of $150,000 in TIF funding to support the construction of the new facility. Staff
requests approval of the terms of the Development Agreement.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
ITEM: 6.C.(5)
.DEVELOPMENT AGREEMENT
Thi~ Development Agreement (this "Agreement;,), is effective as of May 14, 2015 (the
''Effective Date~'), by and between the City of South Bend, Department of Redevelopment, by and
through its governing body, the South Bend Redevelopment Commission (the "Commission"),
CBK Land~Development LLC, an Indiana limited liability company with offices at 6467 Waldon
Center Dr.,; Clarkston, Michigan 48346 (the ''CBK"), and Chase Plastic Services, Inc., a Michigan
corporation with a registered address of 6467 Waldon Center Dr., Clarkston, Michigan 48346
("Chase") (each, a "Party," and coJlectively; the "Parties"). CBK and Chase are referred to in this
Agreement, collectively, as the "Developert" and their obligations stated in this Agreen1ent will at
all times· beijoint and several.
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RECITALS
WHEREAS, the Commission exists and operates under the prov1s1ons of the
Redeveloprhent of Cities and Towns· Act of 1953, as amended (LC. 36-7-14 el seq.~ the ,.'Act");
and
WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
redevelopmbnt areas are public uses and purposes for which public money may be spent.; and
WHEREAS, CBK owns certain real property described in Exhibit A attached hereto,
together w~h all improvements thereon and aJJ easements, rights, licenses, and othe.r interests
appurtenant 1th~reto (the "Property'~); and
WHEREAS~ CBK d.esire,s to construct, for use in the business operations of Chase~ certain
buildings a11d improvements on the Property (the "Project"} in accordance with the project plan
(the '~Project Plan'') attached heteto as.Exhibit B; and
WHEREAS, the Property is located within the corp()rate boundgries of th~ City·of South
Bend, lndiarta (the ~'City"), within the River West Developm~nt Area (the ~'Atea''); and
WHJ$REAS, the Commission has adopted (and subsequently amended, frorri time to time)
a developmept plan, which contemplates development of the Area consistentWith the Project; artd
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WH!fREAS, the Commission believes that .accomplishing the Project as described herein
is in the best\ interests of the health~ safety, and welfare of'the City and its residents; and
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WHEREAS, the Commission d~sit~s to facilitate and assi$t the Project by undertaking the
local public. imptovements stated in Exhibit C (the '~Local Public lrnprovetnents'') and the
financing th4reof, subject to the terms and conditions of this Agreement and in accordance with
the Act.
NO\\{, THEREFORE, in consideration ofthe mutual promises and obligations stated in
thiS Agreem~nt, the 6dequacy of which is hereby acknowledged, the Parties agree as follows:
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SECTION 1. DEFINITIONS.
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have
the fo llowif:tg meanings:
l. l Assessed Value. HAssessed Value" means the market value-in-use of a property,
used for pre)perty tax assessment purposes as detennined by the St. Joseph Cotmty Asses.sor.
1.2. Board of Works. ''Board of Works" means the Board of Public works of the City,
a public body granted the power to award contracts for public works pursuant to LC. 36-1-12.
1.:3 Funding Amount. "Funding Amount" means an amount not to ex,ce~d One
Hundred Fifty Thousand Dollars ($150,000.00) oftax increment finance revenues to be used for
paying the ¢osts to construct the Local Public Improvements.
1.4 i Private Investment. "Private Investment'~ means an amount no less than Five
Million Onb Hundred Sixty-Five Thousand Dollars ($5, 165,000.00) to be expended by the
Developer {or the costs associated with constru<;ting and equipping the improvements set forth in
the Project 1
Plan, including architectural, engineering, and any other costs directly related to
constructio~ of the Projectthat are expected to contribute to increases inthe Assessed Value of the
Developer Property.
SECTION 2. INTERPRETATION. TERMS, AND RECITALS.
2.1 Interpretation.
( ~) The terms ·~herein," 44hereto," ''hereunder,'' and all terms of similar import
shall be deemed to refer to this Agreement as a whole rather than to any Article o~ Section
ot: or pxhjbit to this Agreement.
; . (b) Unless otherwise specified, references in this Agreement to (i} "Section" or
"Article" $hall be deemed to refer to the Section or Article ofthis. Agreement bearing the
numper so specified, (ii)''Exhibit" shail be deemed to refer to the Exhibit of this Agreement
beadhg the letter or number sQ specifiecf; and (Hi) reference.s tQ this "Agreement>' shall
mear) this Agreement and·any exhibits and.attachments hereto. ·
( c) Captibns used for or in Sections, Articles, and Exhibits of this Agreement
are for convenience of reference only .a'nd shall not affect the construction of this
Agre~ment.
(d) The term!) "include~', "including" ru1d Hsueh asH shall each be construed as
if followed by the phrase "without being litrtited·to.0
2.2 l R.ecitals. The Recitals set forth above are incorporated into and are a part of this
Agr~ementfor all purposes.
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SECTION.3. EASEMENT.
3.1 ' Grant of Easement. CBK will grant to the Commission a temporary, non-exclusive
easement
oh~ in, over, under and across the Property (the "Easement") in the form attached hereto
as Exhibit D, to permit the Commission to fulfill its obligations under this Agreement, including
the construction, equipping, and delivery of the Local Public Irnprpvements. The Easement shall
(a) run with and burden the Property; (b) inure to th¢ benefit of the Commission and the Board of
Works or amycontractors acting on behalfofthe Commission in connection with the construction,
equipping, ~nd completion of the Local Public Improvements; f;lnd (c) bind CBK (as owner of the
Propert,y) and its grantees, successors; and assi~.
SECTION :4. DEVELOPER'S OBLIGATIONS.
4.l Generally.
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(a) The Parties acknowledge and agree that the Commission's agreements to
perf~rm and abide by the covenants and obligations set forth in this Agreement are material
con&ideration for the Developer's commitment to perform and abide by the covenants and
oblikations of the Developer contained in this Agreement~
;
(b) All obligations ofCBK and Chase under this Agreement will at all times be
joint; and $everal.
4.2 The Pro iect.
(a) The Developer shall perfoqn all necessary work to complete the
hnprpve.tnents set forth in the Project Plan attached hereto as Exhibit B, which
improvements shalJ comply with all zoning and land use Jaws and ordinances.
. (b) The Developer will expend the Private Investment to complete the Project
irt a~¢ordance with the Project Plan attached hereto as Exhibit B. r . . . ~
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4.3 i Cooperation. The Develop~r agrees to endorse and support the Cornmis$ion 's
efforts to e~pedite the Local Public Improvements through any required planning, design,,
permitting, waiver, and related regul?tory processes. In addition, the Developer ~grees to assist
the CommiS,sion in developing and reviewin~ all bjd specifications for the Local Public
Improveme1its~ which will be subjectto approval by the Commission.
4.4 1
Obtain Necessary. Easements. The Developer agrees to obtain any ·and all.
easements ~om arty governmental ~ntity and/or any other third parties that the Developer or the
Commission\ deems necessary or advisable in order to. complete the Local Public Improvements,
and the obtaining.ofsuch easements is a .condition precedent to the Commission's obligations
under this Agreement.
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4.5 ! Timeframe for Completion~ The Develop~r hereby agrees to complete the Project
and any other obligations the Developer may have under this Agreementby the datethiS is eighteen
(18) months ~fterthe Effect~ve Dateofthis Agreement (the'~MandatoryProject Completion Date").
Notwithstanding any provision of this Agreement to the ~ontrary, the Developer~s failure to
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complete tbe Project or any other obligations the Developer rnay have under this Agreement by
the Manda~ory Project Completion Date will constitute a default under this Agreement without
any requirementof notice of or an opportunity to cure such failure.
4.6 : Developer's Employment Obligations. The Developer shall create at the Property
thirteen (Ij) new jobs, with expected average hourly wages of no less than Thirteen Dollars
($13.00) per hour for each employee (the "Job Creation Requirement") by December 31, 2025 (the
''Job Creatipn Deadline"). Notwithstanding any provision of this Agreement to the cqntrary, the
Developer's failure to satisfy the Job Creation Requirement by the Job Creation Deadline wiIJ
constitute a default under this·Agreement without arty requirement of notice of or an opportunity
to cure sucl} faiJure. ,
4.7 Reporting Obligations.
(a) Upon the letting of contracts for substantial portions ofthe Project and again
upo~ substantial completion of the Project; th~ Developer hereby agrees to report to the
Co~mission the number of local contractors and local laborers involved in the Project, the
amoJ.tnt of bid awards for each contract related to the Projeqt, and information regarding
which contractor is awarded each cotttract with r~spect to the Project. .
(b) ·On or before June 30 and December 31 of each year until substantial
completion of the Project, the Developer shall submit to the Commission a report
dem?nstrating·the Developer,s good.-faith compliance with the terms of this Agreement.
Thisireport shall include the following information artd documents.: (i) a status report of the
construction completed to date, {ii) an update on the project schedule, (iii) an itemized
accdµnting generally identifying the Private Investment to date, and (iv) a status report of
~he n.innber of jobs created !It the Property.
: (c) On or before April 15 of the year that is one year after substantial
completion ofthe Project and on each April 15 thereafter until April 15 of the ye~r which
is thlee (3) years after suhstantlal completion of the Project, the Developer shall.submitto
the Commission a report with the following.information: (i) the number ofjob~created as
a result of the Project and wage and benefit information for the jobs created; and (ii) a
detafled description ofthe·ofthejob a11d wage details for the rtumber ofp¢ople employed
by tne Developer in connection with the Project.
4.8 : Submission of Plans. and Specifications. Upon completion of all plans and
specificatiorJ;s for the Proje.ct, or changes thereto, the Developer shall deliver a complete $et thereof
to· the Co mrrlissio n. ' ·
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4,9
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CostsandExpenses ofConstruction of Project Developer hereby agrees to p~y,or
cause to be ,paid, all costs and expenses of constru.ction for the Project (including legal fees;
architectural; and engineering fees)1 exclusive of the Local Public Impl'ovements, which shall be
paid for by the Commission by and thr.ough the Funding Amount.
4.10 I Noi1-Jnterference, Developer hereby awees to use·commercially reasonable.efforts
to minimize 1
• disruption for those living and working near the DeveJoper Propetty during -
construction pf the Pr9ject.
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4.1 l Insurance. The Developer shall purchase and maintain comprehensive insur~nce
coverage as is appropriate for the work being performed with respect to the Project. The Developer
shall provide proof of such adequate insurance to the Commission and shall notify the Commission
and the City of any change in ortermination of such insurance. During the period of construction
or provision of services regarding any Local Public Improvements, the Commission and the City
shall be named as additional insureds for at least the minimum amounts stated in Exhibit E
attached hereto (but not on any worker's compensation policies).
4.14 Information. The Developer agrees to provide any and all due diligence items with
respectto t(le Project reasonably requested by the Commission.
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SECTION
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5. COMMISSION'S OBLIGATIONS.
5.1 : Generally. The Parties acknowledge and agree that the Developer's agreement to
perform anci abide by the covenants a,.nd obligations set forth in this Agreement is material
consideration for the Commission's commitment to perform and abide by the covenants and
obligations of the CorrtiniSsion contained in the Agreement.
5.2 Completion of Local Public Improvements.
(a) The Commission hereby agrees to complete (or cause to be completed) the
Local Public Improvements described in Exhibit C attached hereto on a schedule to be
reasonably determined and agreed to by the Commission and the Developer, as may be
modjfied due to unforeseen 'circumstances and delays.
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(b) The Commission will pay the costs of all services related to the preparation
of bid specifications for the Local Public Improvements, which costs will be paid from the
Funqing Amount. All bid speciti~atio11s wilJ be subject to approval by the ComthJ$skm.
(c) Notwithstandjng anythingcontained herein to the contrary, in.the event tho
cost~ to constru~t the Local Public Improvements are in excess of the Funding Amount,
Devdloper, at its sole option, may determine to pay to the Commission the amount of the
ex:ce$S co.sts to permit timely 00111pleti9n of the Local Public Improvements by the
Commission; or an agent of the Commission, which amounts shall be applied for suqh
purpose, Jf Developer chooses not to pay any such excess costs of the Local Public
Improvements (above the Funding Amount), the Commission may reduce the scope of the
Local Public Improvements
to the amount which may be funded withthe Funding Amount,
In no: event wHl the Commission be required to spend more than the Funding Amount in
connection with the Local Public Impt'Ovements.
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5.3 Cooperation. The Commission agrees to endprse and support the Developet~s
efforts to expedite the Project through any required planning, design, permjtting, waiver, and
related reguJ,titory processes, provided, however, that the Commisstoi1 will not be r~quir<!d to
expend any $oney ih confiectfon therewith.
5.4 Public Announcements .. Press Releases. and Marketing Materials. The
Cortunission,her~b>' agrees to cootdfoate aJl public announcements and press releases relating to
the Pr.oject Wfth the Developer.
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SECTION 6. COOPERATION IN THE EVENT OF LEGAL CHALLENGE.
6.1 Cooperation. In the event of any administrative, legal, or equitable action or other
proceeding: instituted by any person not a party to this Agreement challenging the validity of any
provision o'fthis Agreement, the Parties shall cooperate in defending such action or proceeding to
settlement or final judgment including all appeal_s. Each Party shall select its own legal counsel
and retain such counsel at its own expense, and in· no event shall the Commission be required to
bear the fees and costs of the Develo.per's attorneys nor shall the Developer be required to bear the
fees and costs of the Commission's attorneys. The Parties agree that if any other provision of this
Agreementi orthis Agreement as a whole, is invalidated, rendered null, or set aside by a CO\.lrt of
competent Jurisdiction, the Parties agree to be bound by the terms of this Section 6.1, which shall
survive such invalidation, nullification, or setting aside.
SECTION 7. DEFAULT.
7.1 Default Any faHure by either Party to per(ortn any term or provision ()f this
Agreement,! which failure continues uncured for a period of thirty (30) days following written
notice
of su'.ch failure from the other Party, shall constitute a default under this Agreement. Any
notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and,
where apprppriate, the manner in which said failure satisfactorily may be cured. Upon the
occurrence pf a default under this Agreement, the non-defaulting Party rnay (a) tennihate this
Agreement,1
or (b) institute legal proceedings at law or in equity (including any action to compel
specific performance) seeking remedies for such default. Ifthe default is cured within thhty (30)
days afterttie notice.described in thisSection 7.1, then no default shall exist and the noticing Party
shall take no further action. .
7.2 1
: Reimbursement Obligation. In the event that the Developer fails (a.) to complete
the Project py the Mandatory Project Completion Date, or (b) to expend the full amount of the
Private lnve$tment by the Mandatory Project Completion Date, then upon the written demand of
I .· .. . . . , . . . . . . . . . theCommis~ion, the Developer will repay the Commission One Hundred Fifty .Percent (150%) of
the portion of the Funding Amount expended by the Commiss.ion in furtherance of the Local Public
Improvements as of the date of the Commission's demand. In tbe event t.hat the Developer fail~
to satisfy the Job Creation Requirement by the Job Creation Deadline, then upon the written
demand of the Co1runi$siQn, the Developer will repay the Commission an amount equalto One
Hundred Fifty Percent (150%) of $11,538.46 multipHed by the number of jobs by which the
Developer fell short ofthe Job Creation Requirement as of the date of the Commission's demand.
SECTION 8. NO AGENCY, JOINT VENTURE, OR PARTNERSHIP; CONFLICT OF
. I INTEREST.INl)EMNITY.
8.1 No Agency, Joint Venture or Partnership. The Parties acknowledge ~nd agree that;
(a) The Project is a private development;
(b) None of the Co111missio.n, the Board of Works~ or the Developer has any
interest .or responsibilities for, or due to, third parties concerning any improvements until
s:uohlime, and only untiJ such titne, that the Commission, the Board of Works, and/or the
Developer accepts the same pursuant to the provisions ofthis Agreement; and
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v/r
. (c) The Parties hereby renounce the existence of any form of agency
rel~tionship, joint venture or partnership between the Commission, the Board of Works~
an~ the Developer atlc;I agree that nothing contained herein or in any document executed in
co~ection herewith shall be construed as creating any such relationship between the
Co*1tnission, the Board of Works, and the Developer.
8.2 · Conflict of Interest; Commission Representatives Not Individually Liable. No
member, official, or employee of the Commission or the City may have any personal interest,
direct or in9irect, in this Agre·ement, nor shall any such member, official, or employee participate
inany deci~ion relating tothis Agreement which affects his orfa~r personal interests or the interests
of any corporation, partnership, or association in which he or she is, directly or indirectly,
interested. :No member, official, or employee of the. Commission or the City shall be personally
Hable to the Developer, or any successor in interest, in the event of any default or breach by the
Commissiop.or for any amount which may become due to the Developer, or its successors and
assigns, or on any obligations under the terms of this Agreement. No partner, employee, or agent
of the Developer or successors of them shall be personally liable to the Commission under this
Agreement:;
&.3 : Indemnity. The Dev~loper agrees to indemnify, defend 1 and hold the Commission
and the City harmless from and against any third party claims suffered by the Commission or the
City result~ng from or incui'red in connection with the Project and/or the Local Pµblic
lmproveme~ts, unless such claims arise by reason of the negligent act or omission of the
Commissfon or the City.
SECTION 9. MISCELLANEOUS.
9.1 Severability. If any term or provision of this Agreement is held by a court of
competent jµrisdiction to be invalid, void, or unenforcea.ble, the remaining terms and provisions
of this Agre'.ement shall c<mtinue in full force and effect unless amend(;?d or modified by mutual
consent of the parties.
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9 .2 Other Necessary Acts. Each Party shall execute and deliver to the other Parties all
such other further instrµ11wnts. and documents as rnay be reasonably necessary to accomplish the
Project and the Local Public Improvements contemplated by this Agreement and to provide and
secure to th~ other Parties the full and complete enjoyment of its rights and privileges hereunder.
Notwithstanding the forego:ing, the Panies understand and agree that certain actions contemplated
by this· AgreFment may be required to be :undertaken. by persons, agencies, or entities that are not
a party to thi,s Agi;eement, including, but not limited to Qertaih permits, con5ents, and/or approvals
(to the exte~t they have not yet been obtained and completed), and that any action by such third
parties shall require independent approval by the respective person, agency) entity, OJ' governing
body thereofr
93 Waiver of jury Trial. The Parties acknowledge that disputes arising under this
Agreement are likely to be ~ornpl~x ~nd they desir~ to streamline and minimize the cost ·af
resolving such disputes. In any legal proceeding, each party irrevocably waives the right to trial
by jury In any action, counterclaim, d1spute~ or proceeding: based upon, or related to, t~e subject
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matter oftpis Agreement This waiver applies to all claims against all parties to such actions and
proceedings. This waiver is knowingly, intentionally, and voluntarily made by both parties.
9A Attorneys' Fees. In the event of any litigation, mediation, or arbitration between
the Parties :regarding an alleged breach of this Agreement, none of the Parties shall be entitled to
any award pf attorney's fees.
9.5 Equal Employrneht Opportunity. The Developer, for itself and its successors and
as$igns, agrees that during the construction of the Project:
(a) The Developer will not discriminate against any employee or applicant for
employment because ofrace, color, religion, sex:, or national odgin. The Developer agrees
to post in conspicuous places, avidlable to employees ~nd applicants for employment,
notices setting forth the provisions ofthis nondiscrimination clause; and
(b) The Developer will state, in all solicitations or advertisements for
employees placed by or on behalf of the Developer~ that all qualified applicants will receive
con$ideration for employment without regard to race, color, religion, sex, or national origin.
9.6 Counterparts. Thi~ Agreement may be executed in separate counterparts, each of
which when so e;xecuted shall be an original, but all.of which together shall constitute one and the
same
instruri-ent. Any electronically transmitted version of a manually executed original shall be
deemed a itjartually exe.cuted original.
9.7 Notices and Demands. Any notice, demand, or other communication required or
permitted upder the terms ofthis Agreement may be delivered (tl) by hand-delivery (which wil1 be
deemed delivered atthe time Of receipt), (b) by r~gistered or certified mail, return receipt requested
(which Willfbe deemed delivered three (3) days after mailing), or (c) by overnight courier service
(which wHI!be deemed delivered on the next business day) to each Party's respective addresses
and representatives stated below.
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Developer:
With C9py to:
CBK Land Development LLC
6467 Waldon Center Dr.
Clarkston, MI 48346
Attn: Kevin Chase, Manager
and
Chase Plastic Services, Inc.
6467 Waklon Center Dr.
Clarkston, Ml 48346
Attn: Kevin Chase~ President
Kevin S. Macaddino~ Esq.
39555 Orchard Hill Place, Suite 245
Novi, MI 48375
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Commission:
With a copy to:
S.outh Bend Redevelopment Commission
1400 S. County ... Gity Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Chris Fielding
South Bend Legal Department
1200 S. County.-City Building
22 7 W. Jefferson Blvd.
South Bend, IN 46601
Attn: Corporation Counsel
9.·8 • Governing Law. This Agreement is governed by the Jaws of the State of Indiana.
9.9: Authdrity. Each undersigned person ·executing and delivering this Agreement on
behalf of a Party represents and certifies that he or she is the duly authorized officer or
representat~ve of such Party, that he or she has been fully empowered to .execute and deliver this
Agreement.on behalf of such P1;lrty, and that all necessary action to execute and deliver this
Agreement ~has been taken by such Party.
9.10 No Third .. Party Beneficiaries. Nothing in this Agreement, express or implied, is ·
intended or shall be construed to confer upon any person, firm, or corporation other than the Parties
hereto and their respective successors or assigns, any remedy or claim under or by reason of this
Agreement ';or any term, covenant, o:r condition hereof, as thfrd-party beneficiaries or otherwise,
and all of the terms, covenants, and conc:Iition.s hereof shall be for the sole and exclusive benefit of
the Parties herein . . ,
9.11. Assignment The Developer's rights under this Agreement shall be personal to the
Developer ~nd shall not run With the )and. Upon written consent of the Commission~ the
Developer may assign its tights and obligations under this Agreement to another party.
9.12 Further Assurances. The Parties agree that they will each undertake in good faith~
as permitted by law, any action and execute and deliver anydocument reasonablyreqµired to carry
out the inte*s and purposes of this Agreement.
9.13 i Exhibits. All exhibits described herein and attached hereto are incorporated into
this Agreem¢nt by refer~nce.
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9.14 1
EntireAgreement. No representation, promise, orinducement not included in this
Agreement will· be binding upon the Parties hereto. This Agreement cannot be modified except
by mutual agreement of the Parties set forth in a written instrument sighed by the P~rties'
authoriied r6ptesentatives_.
9.15. Time. Tirne is ofthe essence ofthi~ Agreeme111;
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9. 16 \ Owhetship. CBK Land Development LLC represents and warrants that it is
lawfUUy se~ed of the Property, that it has full right and powet to carry out the Project ori the
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Property and to grant the easement contemplated in this Agreement, and that the Property is free
from all encumbrances, except current taxes, if any, and matters of record.
[SIGNATURE PAGES FOLLOW]
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IN WITNESS WilEREOF, the Parties hereby execute this Agreement to be effective as
ofthe Effective Date.
ATTEST:
Signature
Primed Name and Title
South Bend Redevelopment Commissfon
STATE OF.INDIANA
COUNTY QF ST. JOSEPH
COMMISSION:
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Sig11arw•e
Printed Name and Title
South Bend Redevelopment Commission
)
)
)
SS:
Before me, the undersigned, a Notary Public for and in said County and State, this _. _
day of , 2015, personally appeared · and
the and
______ __,_ ___ __;.__of the South Bend Redevelopment Commission, and acknowledged
ex<::cution of the foregoing Development Agte~meht for . and on behalf of South Bend
Redevelopment Commission for the use and purposes contained therein.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal
(SEAL)
-'-----------'Notary Public
Commission' expires: ____ _ Resident of ______ County, __ _
[SIGNATURE PAGE TO DEVELOPMENT AGREEMENT]
Pf y1. -c::£,.__
STATE Ol!iINBlAN..\
/.fd.61tr~L
COUNTY OF S:i ll HMPH
DEVELOPER:
CBK Land Dev loP,
liability com
)
)
)
SS:
Before me, the undersigned, a Notary Public fa and for said County and State, this _7_
~Jx:f m""'f , 2015, personally appeip:~d . ~LI.JI._ J . cfuc.n , the
n .. f NCA..0..¥1-. . of CBK Land Development LLC, and acknowledged
execution of theforegoing Oevelopment Agreement for and on behalf of CBK Land Development
LLC.
Commission expires: ; ... i,l..·.WI?-
, Notary Public
County, __ __.
[SfGNATURE PAGE TO DEVELOPMENT AGREEMENJ1
r/u/.,~
ST ATE OP:Il'J DIANe.-
/11,<Jll. (ti e,_
COUNTYO~
)
)
)
SS:
Before me, the undersigned, a Notary Public in and for said County and State, this _2_
day of ~ , 2015, personally appeared . ~t.IJ; ~ "1 C~iiMJ ct..... , the
/}fr irl J.Wi-of Chas.e Plastic .~ervices, Inc.; and acknowledged exec4tion of the foregoing Development Agreement for and on behalf of Chase Plastic Services, Inc.
~~~~~~~~~~~"1ereurito subscribed my name and affixed my official seal. hfµ-c.. ~ (SE
~5+.._· -'"~frµ_;;;,, . .;.;._1:..:;_i'=-'-__,vJ.._,__. _W.;_.;;· ~W.;..;;....· _L_u.._. __ ,Notary Public
Resfdent of H<hHru :t--County, __ _
Commissio~ expires: f,Li ~ 1r
[SIGNATURE PAGE TO DEVELOPMENT AGREEMENT]
Grautor hereby releases any and a:U claims, from any cause, incidental to the exercise of any rights
her.ein granted, except for damage to Grantor caused by the intentional or negligent act or omission of
Grantee, its agents, employees, or licensees.
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement on the date shown in
the acknowledgment set forth below to be effective as of the Effective Date.
)
) SS:
)
GRANT OR:
Printed: _It.._. .. ~.__· e--_· ·:-V_l._./..../ __ -::j:_ .. _ .. _· ~"----
Tts: ___ C_ .. _h_l{_1/'_._0_<~A.J_. ___ _
Before me, the undersigned, a Notary Public in and for said State; personally appeared
kcvi·VJ 'J~ el11 cw<-, to me known to be the chrJ..: r M.c.L~ of the Grantor in the above Grant of
Temporary Easement, and acknowledged the execution of the same as the Grantor's free and voluntary act
and deed.
WITJNESS·n1y hahd ancl Notarial Seal this--1' __ day of __ /JA,_. ~------~' 201S.
CL •
0~
My Commission Expires: <(-<.,,J.., -I J-
This instn1merit wa's prepared by Benjamin J. Dougherty, Assistant Clt}'Atforne)', 1200 S. County-City Building, 227 W. J ~tlerson Blvd., South
Bend, 111.(.iiima 4660 I . ·
l nfllrm, under ~he penalties fof perjury, that I have taken reasonableeare to redact ~r;h Social Security nurnber in this docume11t, unless required
by law. Beiijamin J. Dougherty.
EXHIBIT A
Description of Property
Lot Numbered Two (2) as.shown on the recorded plat of Portage Prairie Minor #5, recon:}ed March
19, 2015 a~ Instrument Number 1506525 in the Office of the Recorder of Saint Joseph County,
Indiana. [Parcel Key No. 025-1010-0169]
EXHIBITB
Project Plan
The Developer will complete the following work in accordance with the tenn$ and
conditions of the Development Agreement and in compliance with all applicable laws and
regulations:
The; Developer will construct and equip a new distribution center to support the
operations of Chase Plastic Services, Inc. The distribution center will be
approximately 125,000 square feet in size and will be located in the development
known as Ameriplex at Interstate 80/90.
EXHIBITC
Description of Local Public lmp·rovements
The Commission will complete~ or cause to be completed, the following work in
accordance with the terms and conditions of the Development Agreement and in compliance with
all applicable laws. and regulations:
A. The Commission will construct, install, or improve a water main serving the
Property.
B. The Commission will construct, install, or improve a sanitary sewer serving the
Property.
C. The Commission will construct, instaJI, or imprpve a security fence around a
portion of the Property.
EXIllBITD
Form of Easement
GRANT OF TEMPORARY EASEMENT
THIS INDENTURE, made as of the /1/111 day of 2015 (the "Effective
Date''), by and between CBK Land Development LLC, an Indiana limited Ii ility company with offices at
6467 Waldon Center Dr., Clarkston, Michjgan 48346 (the "Grtu1tor''), arid t e South Bend Redevelqpment
Commission,, governing body of the City of South Bend Department ofRedevelopme1it, 1400 S. County-
City Building, 227 West Jefferson Boulevard, South Bend; Indiana 46601 (the HGrantee").
WITNESSJ::TH:
For thesIJm of One Dollar ($LOO) and Qthergood and valuable consideration, the rec:eipt of which
Grantor hereby acknowledge_s, Grantor hereby grants, conveys, and warrants to Grantee a temporary, non-
exclusive easement (U1e '~Easement") on, in, over, under and across the real property described in atµtched
Exhibit 1 (the "Ptoperty") for the construction, equ_ipping, and delivery of certain improvements on the
Property (the "'Local Public Improvements"), together with the tight of ingress to and egress from the
Easement for said purposel1 all pursuant_a certain Development Agreement by and between Grantor and
Grantee,. dated//Jtp Ji/ , 2015 (the ~'Development Agreement'').
The Easement granted herein shall pertain to the air, surface, and subsurface rights and interests of
Grantor, for the use and benefit of Grantee, and its successors, successors in interest and assigns, to the
extent necessary to accomplish and carry out the general purpose of this grant as the same has been
hereinabove ex.pressed. The Easement hereby wanted illcludes the right and privilege. for Grant¢e at
reasonable times to clean and remove from said Easement &ny debris or obstructions intetforing with said
Easet1fe.nt
The Easement granted herein~ atid its associated benefits and obligations, shall inure to the benefit
of Grantee and Grantee's contractors acting on Grantee's behalf in connection with the Local Public
Improvements and sha11 run with the land and be binding up<:m the Grantor artd every person or entity now
or hereafter having a:ny fee, leasehold, or other interest ·in all or any part .of the Property.
Notwithstanding anything conta.ined herein to the contrary, unless extended in writing by Grantor,
the Easement shall terminate anci be ofno further fotce and effect 011 the date (hereinafter, the ''Con$truction
Termination
bate'~) of the ·earliest ofthe fQliowing: (~)completion of the Local Public Improvements; (b)
expire).ti,011 qr ~rlier termination ofthe Development Agreement;' or (c) such earlier c.iate as Orantor and
Grantee may agree to in writing. ·
EXHIBIT 1
Description of Property
Lot Numbered Two (2) as shown on the recorded plat of Portage Prairie Minor #5, recorded March 19,
2015 as Instrument Number f503525 ill the Office of the Recorder of Saint Joseph County, Indiana.. [Parcel
Key No. 025-1010-0169]
A.
B.
c.
D.
EXHIBITE
Minimum Insurance Amounts
Worker's Compensation
I. State
2. Applicable Federal
3. Employer's Liability
Comprehensive General Liability
1. Bodily Injury
a. $1,000,000.00
b. $5,000,000.00
2. Property Damage
a. $ l,000,000.00
b. $5,000,000.00
Conwrehensive Automobile Liability
1. Bodily Injury
a. $500,0QO.OO
b. $500,000.00
2. Property Damage
a. $500,000.00
Comprehensive Liability Insurance
l . Bodily Injury
a. $1,000,000.00
b. $5,000,000~00
2.
Property Damage
a. $l,000,000.00
b. $5,000,000.00
Statutory
Statutory
$100,000.00
Each Occurrence
Annual Aggregate Products
and Completed Operation
Each Occurrence
Annual Aggregate
Each l>erso n
Each Accident
Each Occurrence
Each Occurrence
Annual Aggregate Products
and Completed Operation
Each Occurrence
Annual Aggregate
400,0.0000020 60697096.0Q3