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To
Department of
PCE` ^, Community
1865
Memorandum
March 10, 2016
Investment
ITEM: 5.A.(5)
TO: South Bend Redevelopment Commission
FROM: David Relos, Economic Resource .
SUBJECT: Certificate of Completion and First Amendment to Agreement for Sale of Land for
Private Development with River Race Townhomes LLC
First Amendment to Agreement for Sale of Land for Private Development with East
Bank South Bend Development LLC
On October 15, 2010 the Commission approved the final site plan with East Bank South Bend
Development LLC (East Bank), for the construction of six townhomes on the old Rink site at the corner
of Colfax and Sycamore. These townhomes were constructed and a Certificate of Completion issued
on April 24, 2012.
On April 10, 2012 the Commission approved the final site plan with River Race Townhomes LLC (River
Race), for the construction of ten townhomes on the old Troeger site at the corner of Jefferson and
Niles. The Agreement for Sale for this site, entered in to on June 28, 2011, called for Certificates of
Occupancy to be received within three years from this June date. During the time frame between June
2011 and April 2012, a CSO project was being planned along Niles north of Jefferson, which delayed
site planning. Because project construction was completed within the three year period and
Certificates of Occupancy were issued this past November, staff request approval of the Certificate of
Completion for this site.
Additionally, when the Agreements for Sale for both sites were drafted, they contained language that
no tax abatements would be sought for the "property ". It is felt that the no tax abatement pledge was
for the projects as approved, not for future development that may or may not have occurred, and there
are no deed restrictions of this type that run with the land. To encourage future development at these
two sites, it is recommended to amend the Agreements for Sale to clarifythat no tax abatements would
be sought for the projects as approved, and future tax abatement requests could be sought for the
remaining subdivided parcels.
Staff requests approval of the Certificate of Completion with River Race, and the First Amendment to
Agreement for Sale of Land with River Race and East Bank, to encourage more development at both
sites.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV
1.91 By to ROB"$
SOUTH BEND REDEVELOPMENT
COMMISSION
1400 S. COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
AUDITOR'S RECORD
TRANSFER NO.
TAXING UNIT
DATE
KEY NO.
CERTIFICATE OF COMPLETION
This Certificate of Completion (this "Certificate ") is issued this 10th day of March, 2016,
pursuant to the Agreement for Sale of Land for Private Development, by and between the City of
South Bend, Indiana, Department of Redevelopment, acting by and through the South Bend
Redevelopment Commission (the "Commission "), and River Race Townhomes, LLC, an Indiana
limited liability company (the "Developer "), dated June 28, 2011, and recorded on July 20, 2011,
as Document No. 1118419 in the Office of the Recorder of St. Joseph County, Indiana, as
amended by the First Amendment to Agreement for Sale of Land for Private Development, of
even date herewith (collectively, the "Agreement ").
The Commission states as follows:
1. Pursuant to the Agreement, the Commission conveyed to the Developer the real
property identified in attached Exhibit A (the "Property ") by the warranty deed recorded on May
10, 2012, as Document No. 1213 73 7 in the Office of the Recorder of St. Joseph County, Indiana.
2. The Commission hereby certifies that the Developer has completed the Project (as
defined in the Agreement) in accordance with the terms of the Agreement. This Certificate will
have the effect stated in the Agreement.
3. This Certificate does not amend or otherwise alter the Agreement, which remains
in full force and effect according to its terms.
[Signature page follows.]
SOUTH BEND
REDEVELOPMENT COMMISSION
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Marcia I. Jones and Donald E. Inks, known to me to be the President and Secretary,
respectively, of the South Bend Redevelopment Commission and acknowledged the execution of
the foregoing Certificate of Completion.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the day of , 2016.
My Commission Expires:
Notary Public
Residing in St. Joseph County, Indiana
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.
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
4000.0000027 34720603.001
2
EXHIBIT A
Description of Property
�_;�
G ^:
FIRST AMENDMENT TO AGREEMENT FOR SALE OF LAND
FOR PRIVATE DEVELOPMENT
This First Amendment to Agreement for Sale of Laird for Private Development (this "First
Amendment ") is made on March 10, 2016 (the "Effective Date".), by and between the South Bend
Redevelopment Commission (the "Commission ") and East Bank South Bend Development, LLC,
an Indiana limited liability company (the "Developer") (each a. "Party" and together the "Parties ").
RECITALS
A. The Commission and the Developer entered into that certain,Agreement for Sale of
Land for Private Development (the "Development Agreement ") dated March 5, 2010, and
recorded on March 16, 2010, as. Document No.:1.006659 in the Office of the Recorder of St...Toseph
County, Indiana, under which the Commission sold the Property:(as defined in the Development
Agreement) to the Developer.
B. The Developer completed its construction of the Project (as defined in the
Development Agreement) in accordance with Section III of the .DevelophientAgreement.
C. The Conmiission issued a Certificate of Completion dated April 24, 2012, and
recorded on May 11, 2012, as,Document No. 1213970 in the Office of the Recorder of St. Joseph
County, Indiana, evidencing the Developer's. completion of the Project.
D. The Development Agreement provides that the Developer will. not seek any tax
abatements for the Property.
E. The Parties agree that the.Development Agreement. does not accurately state. their
intent concerning tax abatements.
F. The Parties desire to clarify that "they intended to limit the Development
Agreement's prohibition on tax abatements only to the portion of the Property upon which the
Project was to be constructed, rather than-the whole of the Property-.
G. The Parties. desimto correct the Development Agreement's language in accordance
with the terms ofthis First Amendment.
NOW, THEREFORE, in consideration of the. mutual promises and obligations in the
Development Agreement and this First. Amendment, the Parties. agree as follows:
1. The last sentence of Section I of the Development Agreement is deleted in its
entirety and replaced by the following: "As further consideration, the Developer will not apply
for any tax abatements for the portion of the Property identified as Lots 3 through-8 on the recorded
plat of East Bank Townhomes Minor Subdivision, recorded on January 6, 2011, as Document No.
1100776 in the Office of the Recorder of St. Joseph County, Indiana, as corrected by the Affidavit
of Scriveners [sic] Error recorded on April 11, 201:1 as Document No. 11.09817 in the Office. of
the Recorder of St. Joseph County, Indiana. Notwithstanding any provision to the contrary, the
prohibition stated in the foregoing sentence will survive the Commission's issuance of any
certificate of completion in connection with the Project." Solely for purposes of illustration, a
copy of said plat is attached hereto as Exhibit 1.
2. This First Amendment will be recorded in the Office .of the Recorder of St. Joseph
County, Indiana.
1 Capitalized terms in this First Amendment will have the meanings stated in the
Development-Agreement unless otherwise provided. herein.
4. Except as expressly modified by this First Amendment, the terms and conditions of
the Development Agreement remain in full force and effect.
[Signature pages.follow]
2
IN WITNESS WHEREOF; theTailies.lieieby execute thisTi rstAmendmeiitto be effective
on the Effective Date stated.above.
SOUTH BEND
REDEVELOPMENT COMMISSION
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH
Before me, the undersigned, a.Notary Public for and in. said County and State ibis 10th day
of March, 2016, personally appeared .Marcia I. Jones and Donald E. Inks, the President arid.
Secretary, respectively, of the South, Bend Redevelopment Commission, and acknowledged
execution of the foregoing First Amendment.
IN WITNESS WHEREOF, I have-. hereunto subscribed my name and affixed my official seal.
(SEAL)
Notary Public
Commission expires: Resident of. County,
3
-EAST BANK SOUTH BEND
DEVELOPMENT, LLC
By:
Printed: david Matthews
Its: Member
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH
Before me, the undersigned, a Notary Public. for and in said County and State. this Y6 day
of rMw� L , 2016, personally appeared Dawc� lylc4 e r , Member of East Bank South
Bend Development, LLC and acknowledged the execution of the foregoing First Amendment.
IN WITNESS WHEREOF, I have hereunto subscribed nay name and affixed Iny official seal.
(SEAL) ✓Y� �� `
Notary Public
Commission expires;. W (i5 C R, Resident of V Cotmty,
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. Counly =City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
T atfinn, wider the penalties forperjury, that I have taken reasonable care 10 redact each :Social Security number in this document, wiless required
by la%v. Benjamin J. Dougherty.
4000.0000073 35066855.002
EXHIBIT 1
East Bank Townhomes Minor Subdivision
[See attached.]
EAST BANK TOWNHOMES MINOR, SUBDIVISION .
fEr CITY OF SOUTH BEND, - PORT'AGF TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
PART OF LOTS 7, 8 AND 9 OF "LOWELL ORIGINAL TOWN" — PLAT BOOK 1, PAGE 63
os NW 1/4, SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST
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SECONDARY PLAT
- -
FIRST AMENDMENT TO AGREEMENT FOR SALE OF LAND
FOR PRIVATE DEVELOPMENT
This First Amendment to Agreement:for Sale of Land for_Private Development (this "First
Amendment ") is_made on.March 10,2016 (the "Effective Date "), by and between the South Bend.
Redevelopment Commission (the "Commission ") and.River Race Townhomes, LLC,. an Indiana
limited liability company (the "Developer ") (each a "Party" and .together the: "Parties ").
RECITALS
A. The Commission :and the Developer entered into that certain Agreement.for Sale of
Land for Private Development (the "Development Agreement") dated June 28, 2011,.and recorded
on July 20, 2011, as Document No. 1118419 in the Office of the Recorder. of St, Joseph; County,
Indiana, under which the Commission sold the Property (as defined in the Development
Agreement) to the Developer.
B. The Developer completed its construction of the Project (as .defined in the
Development Agreement) in accordance:wifih Section III.of the Development..Agreement.
C. The Commission has issued a Certificate of Completion of even date herewith
evidencing the Developer's completion: of the Project,
D. The Development Agreement provides that the Developer will not seek any tax
abatements for the Property.
E. The Parties agree., that the Developm6nt.Agreernent does not accurately state their
intent _concerning tax, abatements.
F. The Parties desire to clarify that they intended to limit the Development
Agreement's prohibition on tax abatements only to the .portion of the Property upon which the
,Project was to be constructed,.rather than the whole.of the Property.
G. The Parties desireto correct the Development. Agreement's language.m.accordance
with the terms of this First Amendment,
NOW, THEREFORE, in consideration of the mutual. promises and obligations in the
Development Agreement. and this First. Amendment, the Parties agree as. follows:
1. The last sentence. of Section I of the Development Agreement is deleted in its
entirety and replaced: by the following: "As_ further consideration,.-the .Developer will not apply
for any tax abatements for the portion. of the Property identified: as Lots 1 through 10 on the
recorded plat of River Race-Townhomes Minor Subdivision, recorded -on September: 20, 2012, as
Document No. 1229942 in the Office of the Recorder of St. Joseph County, Indiana.
Notwithstanding any provision to the contrary, the prohibition stated.in theforegoing sentence will
survive the Commission's .issuance of any certificate of completion in connection with the
Project." Solely for.purposes of illustration, . a copy of said plat.is attached hereto as Exhibit 1.
2. Section N.C. is deleted in its entirety.
3. This First Amendment will be recorded in the Office of the Recorder of St. Joseph
County, Indiana.
4. Capitalized terms in this First:Arnendment will have the meanings stated in the
Development Agreement unless otherwise provided.herein.
5. Except as expressly:modified by-this . First Ailiendinent,.theaerms and conditions of
the Development Agreement, remain in full force.-and effect.
[Signature,) ages follow:]
2
IN WITNESS WHEREOF, the Parties hereby execute this First Amendment to be effective
on the Effective Date stated above.
SOUTH BEND
REDEVELOPMENT COMMISSION
Marcia L. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a'Kotary`Pul lid for.and.Jn: said County and State this. I Oth. day
of March, 2016, personally appeared Marcia I'. Jones and Donald E. Inks; the President and
Secretary, respectively, of the South .Bend Redevelopment Commission, and acknowledged
execution of the foregoing First Amendment.
IN WITNESS WHEREOF, I have hereunto:. subscribed my naine,and affixed my official seal.
(SEAL)
,. NotaryPublic
Coiuinission expires: Resident of County,
RIVER RACE TOWNHOMES; LLC
By: .-
Printed :. nnvi(i MntthPw�
Its: Member
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH
Before me, the undersigned, a Notary Public for and in said County and State. this P day
of Ae., , 2016, personally appeared (l,U?ui ,MC44 -s , Member of River Race.
Townhomes, LLC and acknowledged the execution of the foregoing First Amendment.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
(SEAL)
Notary Public
Commission expires: - Resident of County; �iq
This instrument was prepared by Benjnmin J. Dougherty, Assistant City Altunicy, 1200 S.'Couaty -City Building, 227 W. Jefferson Blvd„ South
Bond, Indiana 46601.
1 affirm, under the penalties for perjuty, that I have taken reasonable care to redact each Social Secorily number in this document, unless required
by 1a V. Berl amin I Dougherty.
4000.0000027 34292313,001
4
EXHIBIT X
River Race Townhomes Minor Subdivision
[See attached.]
91 1
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RIVER RACE TOWNHOMES MINOR SUBDIVISION , 29942
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA RECORD AS PRESUTED ON
BEING THE RESUBDIVISION OF LOTS 156, 159, i 60, 161, 162, 163 AND THE VACATED PUBLIC ALLEY ^ eels 2012 03[99[I2Pp
LYING NORTH AND ADJACENT TO LOT 161 OF SAMUP.EL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL SMEMTTrr: PNIL p DOTSON
NE 1,/4, SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST Ssph COUNTY
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