HomeMy WebLinkAboutagenda item 2015 1210 rdc 05a6Department of
Community Investment
Memorandum
December 11, 2015
TO: South Bend Redevelopment Commission
FROM: Sarah Heintzelman, Business Development
SUBJECT: First Amendment to Development Agreement for Manufacturing Technology Incorporated
On October 291h,
2015 the Commission approved a Development Agreement with
Manufacturing Technology Incorporated (MTI), which provided funding for their expansion to
a new facility on Sheridan and Linden. MTI is currently growing their presence in the South
Bend area and part of that growth requires a redundant feed of the Metronet at their West
Washington Street facility, which was included as part of the original Development Agreement.
This First Amendment grants an easement for the installation of the redundant Metronet line
at their Washington Street site.
Staff requests approval of the First Amendment to the Development Agreement with MTI.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
ITEM: 5.A.(6)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement (this "First Amendment"), is effective
as of December 10, 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"), and Manufacturing Technology, Inc., an
Indiana corporation with offices at 1702 W. Washington St., South Bend, Indiana 46628 (the
"Developer") (each, a "Party," and collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into the Development Agreement dated October 29, 2015
(the "Agreement"); and
WHEREAS, the Parties desire to expand the scope of the Local Public Improvements as
defined in the Agreement and thereby provide for the completion of certain work to integrate the
Developer Property's connection to the St. Joseph Valley Metronet with the connection of the
Developer's facility located within the Area at 1702 W. Washington St., South Bend, Indiana
46628 (the "Washington Street Facility") to the St. Joseph Valley Metronet.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in the
Agreement and this First Amendment, the adequacy of which is hereby acknowledged, the Parties
agree as follows:
1. The above Recitals are hereby incorporated into this First Amendment.
2. Each capitalized term in this First Amendment will have the meaning stated in the
Agreement unless otherwise provided in this First Amendment.
3. Unless expressly modified by the terms of this First Amendment, all terms and
conditions of the Agreement remain in full force and effect.
4. Point C of Exhibit C to the Agreement is deleted in its entirety and replaced by the
following: "installation of dark fiber connections to integrate the Developer Property and the
Washington Street Facility into the St. Joseph Valley Metronet;"
5. The following Section 3 .2 is added to the Agreement immediately following
Section 3 .1 :
3.2 Grant of Easement on Washington Street Facility. The Developer will grant
to the Commission a temporary, non-exclusive easement on, in, over, under and
across any part(s) of the Washington Street Facility in the form attached hereto as
Exhibit F, to permit the Commission to complete the Local Public Improvements
associated with the Developer's connection of the St. Joseph Valley Metronet to
the Developer Property and the Washington Street Facility. Said easement shall (a)
inure to the benefit of the Commission and the Board of Works or any contractors
acting on behalf of the Commission in connection with the construction, equipping,
and delivery of the Local Public Improvements; (b) shall bind the Developer and
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its grantees, successors, and assigns; and ( c) shall terminate upon completion of the
Local Public Improvements, as determined by the Board of Works.
6. Attached Exhibit F is hereby added to and incorporated into the Agreement.
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as
of the Effective Date.
ATTEST:
Signature
Printed Name and Title
South Bend Redevelopment Commission
4000.0000045 44354719.002
COMMISSION:
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Signature
Printed Name and Title
South Bend Redevelopment Commission
DEVELOPER:
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EXHIBITF
Form of Easement on Washington Street Facility
GRANT OF TEMPORARY EASEMENT
THIS INDENTURE, made as of the Zt/J. day of lJGl6#b.~, 2015 (the "Effective
Date"), by and between Manufacturing Technology, Inc., an Indiana corporation with offices at 1702 W.
Washington St., South Bend, Indiana 46628 (the "Grantor"), and the South Bend Redevelopment
Commission, governing body of the City of South Bend Department of Redevelopment, 1400 S. County-
City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (the "Grantee").
WITNESSETH:
For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which
Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary, non-
exclusive easement (the "Easement") on, in, over, under and across the real property described in attached
Exhibit 1 (the "Property") for the construction, equipping, and delivery of certain improvements on the
Property (the "Local Public Improvements"), together with the right of ingress to and egress from the
Easement for said purposes, all pursuant a certain Development Agreement by and between Grantor and
Grantee, dated October 29, 2015, as amended by the First Amendment to Development Agreement dated
December 10, 2015 (the "Development Agreement"). Capitalized terms not otherwise defined herein shall
have the meanings set forth in 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 and assigns, to the extent necessary to
accomplish and carry out the construction, equipping, and delivery of the Local Improvements on the
Property. The Easement hereby granted includes the right and privilege for Grantee at reasonable times to
clean and remove from said Easement any debris or obstructions interfering with said Easement.
The Easement granted herein, and 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.
Notwithstanding anything contained herein to the contrary, unless extended in writing by Grantor,
the Easement shall terminate and be of no further force and effect on the date of the earliest of the following:
(a) completion of the Local Public Improvements; (b) expiration or earlier termination of the Development
Agreement; or ( c) such earlier date as Grantor and Grantee may agree to in writing.
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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.
STATE OF INDIANA
COUNTY OF ST. JOSEPH
)
) SS:
)
GRANTOR:
Before me, the undersigned, a Notary Public in and for said State, personally appeared
r. 1--r , to me known to be the Cr 0 of the Grantor in the above Grant of
Tern orary asement, and acknowledged the execution of the same as the Grantor's free and voluntary act
and deed.
SSm handandNotarialSealthis '1 dayof ~2015.
My Commission Expires: / 0 ,,.. / J,...--2 3
~b~Jl..-v.=<"-""-=-o=--------=d.;___-__:;____~~~~o -~~ ,Notaryal:
R~~ County, IN
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. Benjamin J. Dougherty.
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EXHIBIT 1
Description of Property
A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION IO,
TOWNSHIP 37 NORTH,. RANGE 2 EAST~ J>ORTAGE TOWNSHIP,. CITY OF SOUTH BEND,
INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE JNIERSECTION OF THE WEST RIGHT-OF-WAY LINE OF COLLEGE
STREET AND THE NORTI! RIGHT-OF-WAY LINE OF WASHJNGTON AVENUE~ THENCE
NORTH 89°40'24" WEST ALONG SAID NORTH RIGHT-OF ... WAY LINE,. A DISTANCE OF 402.37
FEET; THENCE SOUTH 0°00'06" EASTs A DISTANCE OF 66.00 FEET TO THE PLACE OF
BEGINNING; THENCE SOUTH 89°40'24" EAST ALONG THE SOUTII RIGHT-OF-WAY LINE OF
SAID WASIIlNGTON A VENUE, A DISTANCE OF 400. 71 FEET; THENCE ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 247.50 FEET~ A CEN'IRAL ANGLE OF 24°13'52" AND
LIMITED IN LENGTII BY A CHORD WIDCH BEARS SOUIH 77°53'10" EAST,. A DISTANCE OF
103.89 FEET; THENCE soum 15°08'00" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH
19°26'00" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 2s0
os•oo1t EAST,. A DISTANCE
OF 50.00 FEET; THENCE SOUTH 26°53'00" EAST, A DISTANCE OF 149.75 FEET; THENCE
NORTH 39a43•14" WEST. A DISTANCE OF 220.17 FEET; TIJENCB SOUTH 00°00'06" EAST» A
DISTANCE OP 104.15 FEET; THENCE soum 89°40'24" WEST, A DISTANCE OF 400.71 FEET;
THENCE NORTH 00°00'06" WEST~ A DISTANCE OF 399.14 FEET TO THE PLACE OF
BEGINNING CONTAINING 4.67 ACRES MORE OR LESS.
Commonly known as 1702 W. Washington St., South Bend, Indiana 46628
Tax Key Numbers 18-2001-0002, 18-2001-0005, 18-2001-0006, and part of 18-2001-0001