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South Bend Redevelopment Commission <br />Regular Meeting —April 24, 2012 <br />6. NEW BUSINESS (CONT.) <br />C. Airport Economic Development Area <br />(1) continued... <br />Mr. Inks asked Mr. Kain to speak about TIF <br />eligibility as Mr. Metreiver requested. Mr. <br />Kain noted that there were some questions <br />raised about the use of TIF dollars inside a <br />private property, especially as it relates to <br />purchase of equipment inside the building; <br />air - handling units that support the data <br />center. Staff confirmed with Mr. Randy <br />Rompola of Faegre Baker & Daniels that this <br />is aneligible use of TIF money and that the <br />purchase of the equipment was allowable <br />under the statute. <br />Mr. Inks noted there were some revisions to <br />the Use Agreement as a result of Mr. <br />Rompola's review. <br />Mr. Kain noted that there is a revised Use <br />Agreement. The main change is the ability <br />for Data Realty to purchase the equipment <br />back from the City in seven years. That was <br />not included in the version the <br />Commissioners received in their packet. <br />Mr. Davis asked for a list' of the requirements <br />used in determining whether and how much <br />TIF participation will be used in a project. <br />Mr. Inks responded that state statute <br />stipulates what TIF funds can be used for. <br />He will provide Mr. Davis with the statute. <br />In practice, we look for creative ways to use <br />the funds within the statute. Legal counsel <br />helps us determine whether proposed uses <br />fall within the statute. The amount of TIF <br />participation for a project is based on the <br />15 <br />