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HomeMy WebLinkAbout03-23-15 Agenda. Packet & Committee Meeting NoticeOffice of the City Clerk JOHN VOORDE, CITY CLERK REVISED March 19, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. March 23, 2015, in the Council Informal Meeting Room, 411 Floor County -City Building, 227 W. Jefferson Blvd.. South Bend, Indiana: 3:30 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON 1. Bill No. 02 -15 — Rezoning — Portions of Indiana Ave., Prairie Ave., Kemble St., Catalpa St., Chapin St., Kendall St., Scott St., & Taylor St.. 3:45 P.M. PUBLIC WORKS & PROPERTY VACATION VALERIE SCHEY, CHAIRPERSON 1. Bill No. 03 -15 — Street and Alley Vacation for the next phase of Ignition Park South — Various streets and alleys, Kemble, Indiana, Scott St. Area 3:55 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -16 — Des. Tax Abatement - 1015, 1042 & 1107 Oak St.- South Bend Mutual Homes, LP- 5yr Residential 4:05P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 10 -15 — Additional Appropriation of 875,000 Parking Garage Fund & $66,156 — Century Center Fund 2. Bill No. 11 -15 — Additional Appropriations - $30,000 Studebaker Oliver Reverting Grants, $2,000,000 Economic Development State Grant Fund, & $21,157 Central Services Fund 3. Bill No. 12 -15 — Budget Transfers for Various Departments for 2015 4. Bill No. 15 -13 — Resolution to voice concern over Assessments of land and looking for amicable solutions in inters of the Taxpayers 4:35P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Bill No. 15 -15 — Resolution encouraging High School and College Students to Participate in the statewide "Drive Now, Text L8R" Campaign Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Health & Public Safety Committee followed by an Executive Session of the South Bend Common Council at 5:00. (See separate meeting notice) 455 County -City Building • 227W Jefferson Blvd • South Bend. Indiana 46601 . 574/235 -9221 . Fax 574235 -9173 KAREE.MAH FOWLER JANICE TAIBLOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. Office of the City Clerk JOHN VOORDE, CITY CLERK March 19, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. March 23, 2015, in the Council Informal Meeting Room, 4a' Floor County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON 1. Bill No. 02 -15 —Rezoning —Portions of Indiana Ave., Prairie Ave., Kemble St., Catalpa St., Chapin St., Kendall St., Scott St., & Taylor St.. 3:45 P.M. PUBLIC WORKS & PROPERTY VACATION VALERIE SCHEY, CHAIRPERSON 1. Bill No. 03 -15 — Street and Alley Vacation for the next phase of Ignition Park South —Various streets and alleys, Kemble, Indiana, Scott St. Area 3:55 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -16 — Des. Tax Abatement - 1015, 1042 & 1107 Oak St.- South Bend Mutual Homes, LP- 5yr Residential 4:05P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 10 -15 — Additional Appropriation of 875,000 Parking Garage Fund & $66,156 — Century Center Fund 2. Bill No. 11 -15 — Additional Appropriations - $30,000 Studebaker Oliver Reverting Grants, $2,000,000 Economic Development State Grant Fund, & $21,157 Central Services Fund 3. Bill No. 12 -15 — Budget Transfers for Various Departments for 2015 4. Bill No. 15 -13 — Resolution to voice concern over Assessments of land and looking for amicable solutions in inters of the Taxpayers 4:35P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Bill No. 15 -15 — Resolution encouraging High and College Students to Participate in the statewide "Drive Now, Text L8R" Campaign Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Health & Public Safety Committee followed by an Executive Session of the South Bend Common Council at 5:00. (See separate meeting notice) 455 County -City Building • 227W Jefferson Blvd • South Bend Indiana 46601 • 574/235 -9221 • Fax 574235 -9173 KAREF.MAH FOWLER JANICE TAI.ALOOM EMILY SEXTON CHIEF DEPUTY DF.PDTY ORDINANCE VIOLATION CLERK INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, MARCH 23, 2015 7:00 P.M. 1. INVOCATION - JESUS RIVERA - LA CASA DE AMISTAD, INC. 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 15 -14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE WEEK OF MARCH 23 - 31, 2015 AS FARMWORKER AWARENESS WEEK IN SOUTH BEND, INDIANA 15 -15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING HIGH SCHOOL AND COLLEGE STUDENTS TO PARTICIPATE IN THE STATEWIDE "DRIVE NOW, TEXT L8R" CAMPAIGN 15 -18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING THE JOHN ADAMS HIGH SCHOOL TEAM "NO RAGRETS" FOR WINNING THE 2015 INDIANA HIGH SCHOOL MOCK TRIAL COMPETITION CHAMPIONSHIP 15 -19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING THE DICKINSON INTERMEDIATE FINE ARTS ACADEMY FOR BEING NAMED A MAGNET SCHOOL OF EXCELLENCE 6. REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT,T, NO. 02 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED IN PORTIONS OF THE 500, 600, 700, 800, 900 BLOCKS OF INDIANA AVENUE, PORTIONS OF THE 1500 BLOCKS OF PRAIRIE AVENUE, KEMBLE STREET, CATALPA STREET, CHAPIN STREET, KENDALL STREET, SCOTT STREET AND TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 03 -15 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: ALL PUBLIC ALLEYS AND STREETS BOUNDED BY KEMBLE STREET ON THE WEST, THE NORFOLK & SOUTHERN RAILROAD (OLD PENN CENTRAL RR) ON THE NORTH, SCOTT STREET ON THE EAST AND INDIANA AVENUE ON THE SOUTH ALL IN THE CITY OF SOUTH BEND, INDIANA 10 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN ENTERPRISE OPERATIONS IN 2015 OF $875,000 FROM PARKING GARAGE FUND ( #601) AND $66,156 FROM CENTURY CENTER FUND ( #671) 11 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $30,000 FROM STUDEBAKER OLIVER REVERTING GRANTS FUND ( #209), $2,000,000 FROM ECONOMIC DEVELOPMENT STATE GRANT FUND ( #210), AND $21,157 FROM CENTRAL SERVICES FUND ( #222) 12 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015 8. BILLS, THIRD READING TIME: BILL NO. 02 -15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED IN PORTIONS OF THE 500, 600, 700, 800, 900 BLOCKS OF INDIANA AVENUE, PORTIONS OF THE 1500 BLOCKS OF PRAIRIE AVENUE, KEMBLE STREET, CATALPA STREET, CHAPIN STREET, KENDALL STREET, SCOTT STREET AND TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 03 -15 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: ALL PUBLIC ALLEYS AND STREETS BOUNDED BY KEMBLE STREET ON THE WEST, THE NORFOLK & SOUTHERN RAILROAD (OLD PENN CENTRAL RR) ON THE NORTH, SCOTT STREET ON THE EAST AND INDIANA AVENUE ON THE SOUTH ALL IN THE CITY OF SOUTH BEND, INDIANA 10 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN ENTERPRISE OPERATIONS IN 2015 OF $875,000 FROM PARKING GARAGE FUND ( #601) AND $66,156 FROM CENTURY CENTER FUND ( #671) 11 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $30,000 FROM STUDEBAKER OLIVER REVERTING GRANTS FUND ( #209), $2,000,000 FROM ECONOMIC DEVELOPMENT STATE GRANT FUND ( #210), AND $21,157 FROM CENTRAL SERVICES FUND ( #222) 12 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015 9. RESOLUTIONS BILT, NO. 15 -16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1015 OAK STREET, 1042 OAK STREET, 1107 OAK STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND MUTUAL HOMES, LP 15 -13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VOICING CONCERNS \)OVER MANY OF THE ASSESSMENTS OF LAND IN THE CITY AND SEEKING AMICABLE SOLUTIONS OF THESE CONCERNS WHICH ARE IN THE BEST INTERESTS OF THE TAXPAYERS 10. BILLS, FIRST READING RTI.L NO. 13 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 13, SECTIONS 20 -130 THROUGH 2O -135 ADDRESSING MOPED REGULATIONS AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 14 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED COLLABORATIVE PILOT INITIATIVE ON HOMELESSNESS 16 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 17 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING COMPLIANCE WITH IC 36- 1 -12 -1 ET. SEQ, AND RENDERING FINAL APPROVAL OF A GUARANTEED ENERGY SAVINGS CONTRACT RELATING TO CENTURY CENTER, APPROPRIATING MONIES FROM CENTURY CENTER CAPITAL IMPROVEMENT FUND ( #671) ESTABLISHING A NEW FUND ( #672) TO BE KNOWN AS THE CENTURY CENTER ENERGY CONSERVATION DEBT SERVICE FUND, AND TAKING ALL OTHER ACTION IN CONNECTION THEREWITH 11. UNFINISHED BUSINESS A. REFERRAL FROM BOARD OF ZONING APPEALS 1. BILL 15 -17 - SPECIAL EXCEPTION - 609 LASALLE ST. B. REFERRAL FROM AREA BOARD OF ZONING APPEALS 1. BILL 06 -15 - REZONING - 3408 AND VACANT PARCEL WEST OF 3408 ARDMORE TRAIL 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: 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. LAWRENCE P. MAGLIOZZI EXECUTIVE UIRECTOIS Angela M. Smith Depvry nLea�. PLAN COMMISSION OF ST'. JOSEPH COUNTY, IN 327 W. J1: FF I: RSON BLVD„ RODNI 1140 COUNTY - ('ITY IS U1I.D ING. SO U'I - if Bliq D. INDIANA 46601 (574) 2iS -9571 Wednesday, February 18, 2015 �A, "W 01 jT 4___s (3 t� C The Honorable Council of the City of South Bend Q `� 1 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of the City of South Bend Department of Community Investment to zone from SF2 Single Family and Two Family District, MU Mixed Use District, GB General Business District, LB Local Business District and MFl Urban Corridor Multifamily District to LI Light Industrial District, property located at portions of 500, 600, 700 800, 900 blocks of Indiana Avenue, portions of the 1500 blocks of Prairie Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall Street, Scott Street and Taylor Street, City of South Bend - APC# 2730 -15, Dear Council Members: 1 hereby Certify that the above referenced ordinance of City of South Bend Department of Community Investment was legally advertised on Thursday, February 05, 2015 and that the Area Plan Commission at its public hearing on Tuesday, February 17, 2015 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of the City of South Bend Department of Community Investment to zone from SF2 Single Family and Two Family District, MU Mixed Use District, GB General Business District, LB Local Business District and MFl Urban Corridor Multifamily District to LI Light Industrial District, property located at portions of 500, 600, 700 800, 900 blocks of West Indiana Avenue, portions of the 1,500 blocks of Prairie Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall Street, Scott Street and Taylor Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The zoning of this area to an industrial classification is the next step in a process that began in the 1990's. The zoning will allow development to occur that is compatible with Ignition Park and support additional reinvestment opportunities in the neighborhood. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: City of South Bend Department of Community Investment Danch, Harper & Associates SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND -�W. STi O SE P HGO UNTY IN O I A NA.COM /R0..A11A. Staff Renort 2/5/2015 APC # 2730 -15 Owner: City of South Bend Department of Community Investment Location: portions of 500, 600, 700 800, 900 blocks of Indiana Avenue, portions of the 1500 blocks of Prairie Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall Street, Scott Street and Taylor Street Jurisdiction: City of South Bend Public Hearing Date: 2/17/2015 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District; MU Mixed Use District; GB General Business District; LB Local Business District; and MF1 Urban Corridor Multifamily District, to LI Light Industrial District. Land Uses and Zoning: On site: On site are vacant properties with a few remaining single family homes. North: To the north is Ignition Park zoned PUD Planned Unit Development District. East: To the east is an industrial building zoned LI Light Industrial South: To the south across Indiana are a mix of non - residential and residential buildings zoned MU Mixed Use District, LB Local Business District, and MFI Urban Corridor Multifamily District. West: To the west across Prairie are non - residential buildings and vacant land zoned MU Mixed Use District, LB Local Business District, and LI Light Industrial District. District Uses and Development Standards: The LI Light Industrial District is established to provide for development of office /warehouse, warehouse /distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site Plan Description: There is no specific site plan for this area. A petition has been filed for the vacation of public streets and alleys bounded by Kemble Street on the west, the Norfolk & Southern Railroad on the north, Scott Street on the east, and Indiana on the south. Zoning and Land Use History And Trends: As the industrial uses in the vicinity left the area, the residential neighborhood fell in to disrepair and became blighted. For several years, the City of South Bend has been acquiring various parcels with the intent to make land available for future development. APC # 2730 -15 Page I of Staff Re ort Traffic and Transportation Considerations: Indiana Avenue and Kemble Avenue have two lanes plus on- street parking. Prairie Avenue (S.R. 23) has two lanes. Utilities: The site will be served by municipal water and sewer. Agency Comments: 2/5/2015 The City Engineer had no comments. The Department of Community Investment gives a favorable recommendation. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: This petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006) Objective ED 1, Policy ED 1.1 Establish and maintain a current inventory of land inside the city limits that is available for reuse and redevelopment efforts. Land Use Plan: The future land use map identifies this area as a mix of medium density residential and mixed use. Plan Implementation /Other Plans: There are no other plans for this area. 2. Current Conditions and Character: There are a mix of commercial and residential uses along Indiana Avenue with single family residential south. The area north of Indiana is primarily vacant. A few light industrial uses and offices remain along Prairie Avenue and further east of the site. The rail road right -of -way has been formally abandoned. 3. Most Desirable Use: The most desirable use for this site is light industrial to compliment the businesses in Ignition Park. 4. Conservation of Property Values: With proper buffering and screening, the surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible growth and development to consolidate vacant land making it available for future development. APC # 2730 -15 Page 2 of 3 Staff Roort 2/5/2015 Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The zoning of this area to an industrial classification is the next step in a process that began in the 1990's. The zoning will allow development to occur that is compatible with Ignition Park and support additional reinvestment opportunities in the neighborhood. APC 4 2730 -15 Page 3 of 3 I y� 1 I M (( A ZinFN is I e M1 �(. _ at✓ a i ter �1 ;:' /f {r.� � ��� � ♦', �_ - 9 . s i✓ p,lc ' g ' �� �� � 9 A°r y,,,r�� � I � t � � Ott ��. ��c l ¢i� a• r Q i �_� , \5 .. c. 9 R"A I�i°"A £.1� !A "1 t 7r .• I• se7 g { � t iY 1 •. r /'; , .w 111 i �lrl a, I 114 ),'i + �; v'I 1 IK �,4 ,y m eg la It 7. ti ( 9Y I Il 01 4 T V 1 2 1 t �" ♦, S r f I .. t .0 11 a as 'Irl7lf — .. SF4x �' lY.�lt Sts_ ^aS J■ i i s . 1 i i _ I r� [MI l:�'' ' "_ .. J a � t _P�tAr t -.,• _ ..p I M k i I°6 h is 1 r�� a f�� �. 1 r.�,..1 LI[. :d L L J -�E •�RJAAAJU �, -L a l I+, 1_.I "' '' iY \� /r. �e rsi4v�A'.161r_a�:w'%'s..- YGvYt. I a•. - n FA LI Lg SF SF: LB {: MF4 LI tMU LB CB OB SF2 a ve SF2 SF2 SF2 SF2 SF2 SF2 ll SF2 Rezoning from: "GB" GENERAL BUSINESS DISTRICT, "MU" MIXED USE DISTRICT, 'LB" LOCAL BUSINESS DISTRICT, "MF1' URBAN CORRIDOR MULTIFAMILY DISTRICT & "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT MASTER ZONING KEY to "LI" LIGHT INDUSTRIAL DISTRICT N SOUTH BEND 5FY SINGLE FAMILYAND TNO FAMILY DISTRICT SOUTH BEND'MF1' URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND'OB"OFFICE BUFFER DISTRICT W E SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BENO'LB' LOCAL BUSINESS DISTRICT S SOUTH BEND "GB"GENERAL 8USINESS DISTRICT 1 inch = 500 feet SOUTH BEND -1.1" LIGHT INDUSTRIAL DISTRICT ' SOUTH BEND "GI "GENERAL INDUSTRIAL DISTRICT APC # 2730 -15 SOUTH SEND "PUD' PLANNED UNIT DEVE LOPMEM ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED IN PORTIONS OF THE 500, 600, 700, 800, 900 BLOCKS OF INDIANA AVENUE, PORTIONS OF THE 1500 BLOCKS OF PRAIRIE AVENUE, KEMBLE STREET, CATALPA STREET, CHAPIN STREET, KENDALL STREET, SCOTT STREET AND TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM SF2 SINGLEFAMILY AND TWO FAMILY DISTRICT, MF1 URBAN COORIDOR MULTIFAMILY DISTRICT, MU MIXED USE DISTRICT, LB LOCAL BUSINESS DISTRICT AND GB GENERAL BUSINESS DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE INDUSTRIAL DEVELOPMENT OF VARIOUS TYPES FOR IGNITION PARK SOUTHDEVELOPMENT AND ADJACENT PROPERTIES. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of the Northwest and Northeast Quarters of Section 14, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as Beginning at the Southwest corner of Lot # I I in the Plat of "Thos. E.A. Byerley's Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office; said corner being on the East right -of -way line of Prairie Avenue; thence Northeasterly along said East line 186.8 feet more or less to the Northwest corner of Lot # 7 in said Plat, said comer being on the South line of a 14 ft. wide East -West Public Alley; thence East along said South line 170 feet more or less to a point of intersection with the East line of an 8 ft. wide North -South Public Alley extended South; thence North along said East line and its Southerly extension 179 feet more or less to the South right -of -way line of Edward Street; thence East along said South line and its Easterly extension 163 feet more or less to a point of intersection with the East right -of -way line of Kemble Street; thence North along said East line 45 feet more or less to a point of intersection with the South right -of -way line of the Norfolk and Southern Railroad right -of -way (formerly Penn Central Railroad); thence along said South line for the next three courses, East 1008.09 feet more or less and Southeasterly 262.80 feet more or less and East and Southeasterly 599 feet more or less to a point of intersection with the East line of a 14 ft. wide North -South Public Alley; thence South along said East line 194.70 feet more or less to a point of intersection with the North line of a 14 ft. wide East -West Public Alley; thence East along said North line 38.45 ft. more or less to a point of intersection with the East line of Lot # 13 in the Plat of "Stull's 4h Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office extended North; thence South along said East line and its Northerly extension 164 feet more or less to the North right -of -way line of Indiana Avenue; thence West along said North line 381.60 feet more or less to the Southwest corner of Lot # 26 in 2 said Plat; thence North along said West line 150 feet more or less to the Northwest corner of said lot, said corner also being on the South line of a 14 ft. wide East -West Public Alley; thence continuing West along said South line 90.90 feet more or less to the Northeast comer of Lot # 32 in said Plat; thence South along said East line 150 feet more or less to the North right -of -way line of Indiana Avenue; thence West along said North line 1444.76 feet more or less to the East Right - of -way line of Kemble Street; thence North along said East line 110 feet more or less; thence West 60 feet more or less to Southeast corner of Lot # 15 in the Plat of "Thos. E.A. Byerley's Addition" as recorded in the records of said County, said corner being on the North line of a 14 ft. wide East -West Public Alley; thence West along said North line and its Westerly extension 146 feet more or less to a point of intersection with the West line of a 14 ft. wide North -South Public Alley; thence along the West of said Alley for the next two courses, South 36.5 feet more or less and Southwesterly 122 feet more or less to the Southeast corner of Lot # 11 in said Plat; thence Northwesterly along the South line of said Lot 165 feet more or less to the point of beginning. Containing 18.90 acres more or less, be and the same is hereby established as LI Light Industrial District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock m. 1 ss READING (—l21- - Mayor of the City of South Bend, Indiana PUBLIC HEA..Pii'X 3 rd READING NOT APPROVED REFERRED PASSED Flied in . ffece CITY (S-A\ o3-�r- Uanch, f /arner �Tz Associates, lnc. Land Surveyors • Landscape Architects 1643 Commerce Honorable Members of the City of South Bend Common Council 4`h Floor County -City Building South Bend, Indiana 46601 Professional Engineers Land Planners 3 Fax: (574)234-4009 South Bend, IN 46628 March 5, 2015 RE: Bill No. 03 -15, Vacation Petition for several Alleys & Streets bounded by Kemble Street on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on the East and Indiana Avenue on the South all in the City of South Bend, Indiana: Dear Council Members: On behalf of our clients, City of South Bend Department of Community Investment, we are requesting that Bill No. 03 -15 be tabled until the March 23, 2015 meeting of the Council. We are requesting this tabling to allow the above Bill to be heard at the same time as the Rezoning Petition for this same area. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch President Danch, Hamer & Associates Cc: David Relos Community Investment File #140249.2 Filed in Office r3•r) —5 in i ,,� c�15 CITY GLG! it,ti, a; a <<> ' ?c6eL'•, !84 - -- 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD .SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9251 Fax 574/235 -9171 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS f February 10, 2015 t Michael Danch Danch, Hamer & Associates, Inc. 1643 Commerce Drive South Bend, IN 46628 02� _I J RE: Alley and Street Vacations — All Public Alleys and Streets Bounded by Kemble St. on the West, the Norfolk & Southern Railroad on the North, Scott St. on the East, and Indiana Ave. on the South (Preliminary Review) Dear Mr. Danch: The Board of Public Works, at its February 10, 2015, meeting reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division regarding the above referenced vacations. The following comments and recommendations were submitted: Area Plan stated that the vacations would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacations would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacations would not hinder the public's access to a church, school or other public building or place. The vacations would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacations of these alleys and streets. Please contact Tony Molnar at (574) 235 -9254 prior to vicking up your radius map You will need a radius map showing properties within 150' of the proposed vacations for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. rN Tony Molnar, Engineering Janice Talboom, City Clerk's Office Sincerely, i Einda M. Martin, Clerk MARY A. GILOT DAVID P. RELOs KATHRYN E. Roos PATRICK M. HENTuORN BRIAN J. PAWLOWSKI DF14Danch, Harner & Associates, Inc. Michael J. Danch, L.A., ASLA Ron Harper, P.S. Ms. Linda Martin Board of Public Works Secretary 13'h Floor County-City Building South Bend, Indiana 46601 Land Surveyors • Professional Engineers Landscape Architects • Land Planners January 23, 2015 RE: Favorable recommendation to allow the vacation of several Alleys & Streets bounded by Kemble Street on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on the East and Indiana Avenue on the South all in the City of South Bend, Indiana: Dear Board Members; Please accept this letter as our firm's written request on behalf of our client, City of South Bend and the Department of Community Investment for the City to request that the South Bend Board of Public Works grant a favorable recommendation to vacate all public Alleys & Streets bounded by Kemble Street on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on the East and Indiana Avenue on the South all in the City of South Bend, Indiana. The City of South Bend and the Department of Community Investment are in the process of developing the property for next portion of Ignition Park which will be known as "Ignition Park South ". For the convenience of the Board Members we have attached a diagram showing the project area. We have highlighted in yellow on that plan all the existing Alleys and Streets we are requesting a vacation. We have submitted a Vacation request to the City Clerk's office for above project area. That Vacation Petition is scheduled to be heard before the City Council on March 9'h. As part of the Vacation process we are required to receive a recommendation from the Board of Public Works regarding said vacation request. On behalf of our clients we would ask for a favorable recommendation on the request to vacate said public alleys and streets. If you have any questions please feel free to give me a call at 234 -4003. �i erety, ichael J. Danc / President Danch, Harper & Associates, Inc. 1 v»o wmrnerce unve • Souln Bend, IN 46628 208 West Mars • Berrien Springs, MI 49103 Office: (574) 234 - 40031(800) 594 -4003 • Fax: (574) 234 -4119 Office: (269) 471 -3010 • Fax: (269) 471 -7237 VACATION DIAGRAM A PART OF THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AREA TO BE VACATED E== 4- 0 200 400 600 lS��"t• - "ll)ROVLD fSOard Of public Works VACATION DIAGRAM A PART OF THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AREA TO BE VACATED I I I v'/s�o !!qq igaoc o �4Q-too8x� �s''.2h14ib . �rors' x. 2y./o41 �: o 14a ca a -�� 19.- 7,77: O� 4n' "mf O o0 `o Co vo. �.•� mS K.�n,�h� 0 200 400 600 I Q Lj I -I PE ' Hoard�f}p2tOyED of Public Work s... -�� 19.- 4n' "mf 0 200 400 600 I Q Lj I -I PE ' Hoard�f}p2tOyED of Public Work TO: FROM: SUBJECT: ti INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1/26/2015 Michael Bronstelter, Street Department Jilin Kain, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imaclioz(tco st- ioseoh in us or 235 -9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCo (pmoriffin(o)nisource com) (FYI Only) Linda M. Marlin, Clerk REQUEST FOR RECOMMENDATION - ALLEY VACATION Danch, Harper &Associates C rry l< ol.Irrr r.jfl LOCATION: West, the Norfolk 8 Southern Railroad on e North, Scott St. on the East, and Indiana Ave. on the South DATE DUE: February - - -- FAX OR E -MAIL TO: 235.9171 / lmartin(a�southbendln aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36 -7 -3.13 CRITERIA: 1. The vacation wauld/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it Is contiguous. 2. The vacation wedld /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation Wald/would not hinder the public's access to a church, school or other public building or place. 4. The vacation Mmuld/would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date Elizabeth Horvath From: Michael Bronstetter Sent: Tuesday, January 27, 2015 6:28 AM To: Elizabeth Horvath Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harner & Associates Solid Waste has no objections. Thanks, - ,"*"o� Mike Bronstetter Manager of Solid Waste Operations 3113 Riverside Dr. South Bend, Indiana Phone: (574) 235 -5795 mbronste2southbendin aov 1 �[ SOUTH 8£33D OIiE CnLL �EP.4 tiS kLL From: Elizabeth Horvath Sent: Monday, January 26, 2015 11:16 AM To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st- joseph.in.us; Eugene Eyster; pmgriffin@nisource.com Subject: Alley /Street Vacation - Various Locations - Danch, Harrier & Associates Plecse provide you: rccemn)endei icn-,. L' 'Iffy Xcwva.,� Pnr o1 FU :I'c f;c {oily rsr; {: i1J <cGG' lhorvath@southbendin.gov G4 SlIV ih of l GC. jai$ I Elizabeth Horvath From: Eugene Eyster Sent: Monday, January 26, 2015 12:17 PM To: Elizabeth Horvath; Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st - joseph.in.us; pmgriffin @nisource.com Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harper & Associates Ms. Horvath, The Police Department would have no objection to the attached closings. Lt. Eyster From: Elizabeth Horvath Sent: Monday, January 26, 2015 11:16 AM To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; I Magi ioz @ co, t- joseph.in. us; Eugene Eyster; pmgriffin@nisource.com Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates Plr -_nsc F;rovidc your rccomircncnl'ion_< Npor'rkcn' of Public Works F( lime Secr CIO ry %i% V1 JCffcrscn 6 �d..' uite i ci 6 SOOth EcnG, JN 46601 Ihorvath@southbendin gov C Elizabeth Horvath From: Federico Rodriguez Sent: Monday, January 26, 2015 1:08 PM To: Elizabeth Horvath Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harner & Associates Favorable S.B.F.D Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu @southbendin.gov From: Elizabeth Horvath Sent: Monday, January 26, 2015 11:16 AM To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st- joseph.in.us; Eugene Eyster; pmgriffin @nisource.com Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates Hecsc f:: ovide youi Iccoh mcrdotions. LCIHy Hot^vatlt/ bepartmcni cf Foblie W,,k, . Fort -Time Srcrctor; ::27 Vii. Jefferson blvd „Suiie 7'sifi South Pend, 7N 46601 Ihorvath @southbendin aov O4 q[N1TH� wy; C- 1X0 1 Elizabeth Horvath From: Jitin Kain Sent: Monday, January 26, 2015 3:53 PM To: Elizabeth Horvath Subject: RE: Alley /Street Vacation - Various Locations - Danch, Harner & Associates Lizzy, This has been initiated by DO so we give it a favorable recommendation. Thanks, Jitin r. \� Jitin Kain Director, Planning Department of Community Investment (574) 235 -5835 ikainriasouthbendineov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. Send, IN 46601 tSouth � a ` 61 M From: Elizabeth Horvath Sent: Monday, January 26, 2015 11:16 AM To: Michael Bronstetter; Jitin Kain; Federico Rodriguez; Imaglioz @co.st- joseph.in.us; Eugene Eyster; pmgriffin@nisource.com Subject: Alley /Street Vacation - Various Locations - Danch, Harner & Associates Plea__ <.c provice your rc(cmm €ndeiion L c' y 3 oorvatly IhorvathGsouthbendin aov ' o4 /�uTe,6�w' y, Harr �y 1 TO: FROM: SUBJECT: LOCATION: DATE DUE: FAX OR E -MAIL TO 0 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1/26/2015 JMichael Bronstetter, Street Department -itin Kain, Community Investment /J (Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imaglioz aco.st- joseph.in.us or 235 -9813 fax) VGene Eyster, Police Department Phil Griffin, NIPSCO ( m riffin nisource.com) (FYI Only) Linda M. Martin, Clerk ✓ T, _ REQUEST FOR RECOMMENDATION — ALLEY VACATION Harrier & Associates/ C rr`/ Zr J All public alleys and streets bounded by Kemble St. on the West, the Norfolk & Southern Railroad on the North, Scott St. on the East, and Indiana Ave. on the South reuruary s,'eul0 235 -9171 / lmartin0southbendin gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36- 7 -3 -13 CRITERIA: 1. The vacation would /would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would /would not hinder the public's access to a church, school or other public building or place. 4. The vacation would /would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN ENTERPRISE OPERATIONS IN 2015 OF $875,000 FROM PARKING GARAGE FUND ( #601) AND $66,156 FROM CENTURY CENTER FUND ( #671). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 ( #10323 -14 passed on October 13, 2014), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2015 and set apart within the following designated funds for operational expenses as follows: Fund Amount Parking Garage Fund ( #601) $875,000 Century Center Fund ( 4671) 66.156 TOTAL $941,156 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk Member of the Co do Council wd Counal iwa on M ivia, �- Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 1 sr READING 3 —1 Y— PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED , 2015, at Mayor, City of South Bend, Indiana Filed ice_. 4 .,nth CITY CLE ti •: N a m a n N Y E a E Ilk, II I�E53 1 r O I =1.p. i Q ga '.. m ro ro °WW1 I!&Im.. WWI r- m li E Y2 Fluo UU! i �4 rvry ...4 [015 i I i f gg ii V' V'U'I Iu�i c �$ $I IL N a m a n N Y E a E Ilk, II I�E53 1 vi 1 I 1 = m ! I =1.p. i Q ga '.. m ro ro °WW1 I!&Im.. WWI r- m li E Y2 Fluo UU! i ...4 [015 i I i f V' V'U'I Iu�i N a m a n N Y E a 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE March 4, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4`1i Floor South Bend, Indiana 46601 RE: March 2015 Appropriation Ordinance – Enterprise Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015, we plan to propose adjustments during four time periods— March, June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is. that this bill be filed for I" reading on March 9, 2015 with 2 "d reading, public hearing and 3`d reading scheduled for March 23, 2015. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. eg ds, J H. Mu City Controller CC: Pete Buttigieg, Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller 4 2015 CITY CLFEi- P ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2015 OF $30,000 FROM STUDEBAKER OLIVER REVERTING GRANTS FUND (#209),$2,000,000 FROM ECONOMIC DEVELOPMENT STATE GRANT FUND ( 4210), AND $21,157 FROM CENTRAL SERVICES FUND ( #222). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 (Ordinances #10331 -14 passed on October 27, 2014) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2015 and set apart within the following designated funds for expenditures as follows: Fund Amount Studebaker Oliver Reverting Grant Fund ( #209) $ 30,000 Economic Development State Grant Fund ( #210) 2,000,000 Central Services Fund ( #222) 21,157 TOTAL 2.051.157 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk Member of the Commo&Council Q�,� ar ��Mt�;�S °:3 � its l�i is �i g e3 P,,.�f. t3d1 aid Wow aooll on bh i33a Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2015 at O'clock—. m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. i st READING `�" i J PUBLIC BEARING 3 rd READING NOT APPROVED REFERRED PASSED , 2015 at Mayor, City of South Bend, Indiana -­Office „, ���5 m w� m" a N O _ �m a o a � o 0 a ° N m a c Iq Nii I I I 4 I I41 Yi 41 s. c I II 14.41 .ol hI NI �1 RI 1 I� Ali 1 �I �i '.v I -• vl I 3I3 ml� 8 I 1 icl I I I E I_ m m 2 I I jdl N� E 'oi `o Toll of EI a a Iz g, IN N o� . . c m V' 9 N 2i Im I o I "g�11 I 12'v'i I I lol u jm I I of 1 r 4 15 m Fb Q m' N v d 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD, SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE March 4, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor South Bend, Indiana 46601 RE: March 2015 Appropriation Ordinance – Civil City Funds Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015, we plan to propose adjustments during four time periods— March, June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 151 reading on March 9, 2015 with 2 "d reading, public hearing and 3' reading scheduled for March 23, 2015. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. egar s, J H. Murphy City Controller CC: Pete Buttigieg, Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller 015 G� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2015 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10331 -14 passed on October 27, 2014 and #10323 -14 passed on October 13, 2014) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2015. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Tc v, Y�o N ( Qr- Member of the Common Cluncil 1 - = lid 1'i�:7i'. `:'£ ,.,an �p,,p�,D�,+�l,y�:S�� � CWrld V. Cn Gil V i5 "A Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. tst READING 3 4—( 1- PUBLIC, NEARING 3rd READING NOT APPROVED REFERRED ^ASSED , 2015, at Mayor, City of South Ben a Office h 4 2015 'DE GIYY CGf F Ii, "sG.r` i N 3EmD, IN II II I 1!" IIW li!111�1 'I�II'Ill;i� Iii III ill I N l !III I it I''i. it ill 1 I °a gill I iill 11 l' - II I II I lilllaml Ii ti'IIII ° �Iq II I' II iu; E 9�m �d I; Imp -11111 N b � o E tFi �I ml C � Ile m Z 3 W O0 W I ? I I Iil nl I I j�iol� S O 9 Y d �tp NN N ~bC mL'O og a �I�!�I� II I' II iu; 9�m I; -11111 - n u `m o E tFi �I ml f n I ? I I Iil nl I I j�iol� �SI:A`�j1 RI lQ ' � og '44NNOOlo4 444 '4 c1 �I I 'o144414' 1 4141411 i Ili I j �Q IQ 414141 Q 1414 '� I O �@ Hffi@ iW E 11 1 m!1 133131313 o�di to o ala li mlm I m v I 1 1$ X15 i a 2 w i 11 NI I I Icy EIU U' - - u I m Ell N > GG ._ _ J W m m I T 1�0 u $ N m e ¢ I c E I 1 IB �I aK lam 00 � ! 21E -o.. °a 4,U021 a. Ia` l�s a'f 'Irc �S' rcv j1 I a I Im I Z U'Uto U 'o IU U UU �u a IEEI EIIEIE �. an 1 ;010 ofo r _ gIx x o r, F, $3;°a: 13 3� c E 1 C 19119 9D � 1 11 ���� 1 W IL IL LL � Ii IL IL IL I � c ml m m`. m a 120ON COUNTY -CITY BUILDING 227W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE March 4, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4`h Floor South Bend, Indiana 46601 RE: March 2015 Budget Transfer Ordinance Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2015, we plan to propose adjustments during four time periods— March, June, September and December. Based on our budget review, we are submitting the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration. No additional appropriation is requested in this ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I` reading on March 9, 2015 with 2nd reading, public hearing and 3rd reading scheduled for March 23, 2015. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards ard,, Jod H. Murphy City Controller CC: Pete Buttigieg, Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller r �rip etl � lle csry ear,._; in 6-A (.-- l( RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1015 Oak Street; 1042 Oak Street; 1107 Oak Street AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR South Bend Mutual Homes, LP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1015 Oak Street; 1042 Oak Street; 1107 Oak Street South Bend, Indiana, and which is more particularly described as follows: 1) 1015 Oak Street, South Bend, IN Parcel ID: 18-1033-1461 Legal Description: Lot Numbered seventeen (17) as shown in the recorded Plat of William Miller's Addition to the City of South Bend, excepting therefrom that part taken for Sherman Avenue in St. Joseph County, Indiana. 2) 1042 Oak Street, South Bend, IN Parcel ID: 18- 1033 -1444, 18 -1033 -1442, 18- 1033 -1443 Parcel I: A part of lot numbered eleven (11) as shown on the recorded Plat of William Miller's Addition to the City of South Bend, described as follows, viz: Beginning at the westerly comer of said lot running thence North 39.50 East with the southeasterly line of Oak Street 60 feet; thence southeasterly 38.45 feet to a point 53 feet from the easterly line of LaPorte Avenue; thence South 39.5° West parallel with Oak Street 53 feet; thence North 37.50 West with the easterly line of LaPorte Avenue 36 feet to the place of the beginning. (18 -1033 -1442) Parcel II: A part of lot numbered eleven (11) as shown on the recorded Plat of William Miller's Addition to the City of South Bend, described as beginning at the southwest corner of said Lot 11; thence North 27 °7' West of the easterly line of LaPorte Avenue 13.13 feet to an angle in said street; thence North 37.5° West on said line of said Avenue 31.65 feet; thence northeasterly parallel with Oak Street 53 feet; thence southeasterly 30.6 feet to a point in the east line of said Lot 11, 56 feet north of the southeast corner of said Lot; thence South 56 feet to said southeast corner; thence west 27.39 feet to the place of beginning. (18 -1033 -1443) 56 feet on Oak Street, 76 feet north and south along east line Lot 11, William Miller's Addition, according to the recorded Plat thereof, St. Joseph County, Indiana records. (18 -1033 -1444) 3) 1107 Oak Street Parcel ID: 18 -1033 -1430 Ex 76 feet SW end of Lots 52 and 53, Bimer PL Add, according to the recorded plat thereof, St. Joseph County, Indiana records be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 gt seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1- 12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10,2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. 3 SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property.tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PnE[NTEd .:. NOT APPROV.b 0 I-T4 Member of the Common Vrincil •� " raid op Filed in Clerk's Office HAR 1_� 2015 JOHN i%liJ!��tE CITY CLERV4 SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601.1830 March 13, 2015 CITY OF SOUTH BEND PETE BUT nGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAX: 574/235 -9021 RE: Residential Real Property Tax Abatement Petition for: South Bend Mutual Homes, LP Dear Council Member Ferlic: Please find the attached information pertaining to a residential real property tax abatement petition submitted by Anne Mannix of Lincoln Park Development LLC to build 24 single - family homes as part of a housing cooperative in the Lincoln Park Neighborhood. This current petition includes three properties that were not part of the petitioner's 2014 abatement: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to build 24 single - family homes with an approximate assessed value of $641,520. The project meets the qualifications for a (5) five -year residential property tax abatement and a representative from South Bend Mutual Homes, LP will be available to meet with the Committee on Monday, March 23, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 715 -0110 Sincerely, Filed in Clerk's Ofte �� MAR 16 2015 Broc eeb Director Economic Resources JOHN VOORDE Attachments C17Y CLEM SOUTH BEND, IN cc: South Bend Common Council Members PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES IITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: South Bend Mutual Homes, LP DATE: March 13, 2015 On Monday, March 2, 2015, a petition from South Bend Mutual Homes, LP was received and subsequently filed with the City Clerk for residential real property tax abatement consideration for 3 single - family homes in the Lincoln Park Neighborhood. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY ➢ (24) Twenty Four single - family homes at an approximate assessed value of 641,520 ➢ The three parcels included in this report were not included in the 2014 approved tax abatement and are part of a housing cooperative consisting of 24 single - family homes that will include garages and basements with a total square footage of 1100- 1200 sq ft. ➢ New project taxes — $84,324 ➢ Estimated taxes being abated during five year abatement period — $24,350 ➢ Total taxes to be paid during five year abatement period — $59,974 2. PLANNING JITIN KAIN ABATEMENT QUALIFICATION A review of the tax abatements previously granted, fords that the petitioner has been granted or is associated with any previous abatements. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER CHRIS FIELDING BRocKZEEB A review of the South Bend Redevelopment designation areas finds that the properties are not located in a Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential property tax abatement under section 2 -77.1, Single Family Residential Construction. March 13, 2015 p. 2 Lincoln Park Development, LLC 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 3/5/2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Mr. Charles Bulot Building Commissioner St. Joseph Co. /South Bend Building Dept. 125 S. Lafayette Boulevard South Bend, IN 46601 RE: Residential Property Tax Abatement Petition For: South Bend Mutual Homes, LP Dear Mr. Bulot: PHONE: 574/235 -9371 FAX: 574/235 -9021 Please review the enclosed tax abatement petition for the above identified petitioner for the purpose of determining whether this project has met all zoning requirements. I also ask that you confirm whether or not any building permits have been issued for this project as of the date that you process this request. If a building permit has been issued, please indicate in your report the date of issue and include a copy of the permit with your report. This information will be included in a written report to the Community Investment Committee of the South Bend Common Council in order to determine tax abatement eligibility. I would appreciate your written determination by Tuesday, March 10, 2015. I thank you in advance for your time and consideration and, if you should have any questions, please call me at 235 -9339. Sincerely, ��Oow Brock Zeeb Director of Economic Resources Department of Community Investment Enclosures PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITM KAIN PAMELA C. MEYER CHIuS FIELDING BROCRZEEB 4 . E9 £ :& ( 0 ) ■I> ' m ( / :c3 z ,(' § �2 `©- ¥!# ■ jF ;u 1 » \ §ƒ(2 ■ [ ® . \( } ;- <& ;. \k - �- \ƒ () ww Z3. El !|0 (§ / !! ° 2 . /( \ k k // \(\ ( ° °, }$ 2� g% (/ } 2 2 !x # ;� �: P) § ! a k �E ■ \( \; \gt ti§ 2 t, \$�Cc 77 E /n /\ n CD 0 ! ; _ /k i f / \ \ \ \/ §} ) §\ \ // av \ ; \ })} [/ \)j )o) \ }000 ;#; t ,,} k(E - §k� \ kt /2 sn \§/ /q) § 2tt§§ }j\ k \\ ) \ } \\k§ CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 6.1.1. 12.1.1, et sea.' and South Bend Municipal Code Sec. 2-76 et sea., for this petition state the following: Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): this is a request for tax abatement for three single }family homes which are part of larger project. known as South Bend Mutual blames. __ I'hc homes will have garages and basements mid will be I, 100 to 1300 square feet mid will be located on standard city lots in the neighborhood- - M,my of the homes will be built on lots where the city has demolished vacant mid abandoned houses For the overal I prgicci. a total of 24 homes will he constructed in an eight block area in the Lincoln Park n_eighborhn_od. l'he protect _will_ be a housing co_ope_rative, the_ residents_ will be nienihers —o—fa — —_ corporation that controls the ownership mid makes management decisions about the housing_The goal is to revitalize the Lincoln Park neighborhood. 2. Estimate the dollar value of the construction project (do not include land cost): $__ 62gen___________. 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name tinder which the corporation has filed with the Securities and Exchange Commission): Name Address Interest South Bend Mutual Homes, 1,P.___ - -- -724 W _Washintatnn_ South Bend.—IN 46601 4. The commonly known address of the Property is: ___ please see attached sheet with parcel address and tax id ----------------------- - - - -__ and having tax key no.:____ Exhibit D ___ — (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property 1 p perry before construction is $_ig- Z� (rise additional sheet for multiple addresses). (Information may he obtained from the St. Joseph County Assessor's Office, 235. 9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): Please see Exhibit D (1 his intormation may be obtained from the St. Joseph County Treasurers office, 235.9531) 10. What is your best estimate of the after completion market value of the property: $_____$620,671 (Rev. 5/13/11) 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: Equuii from the low income housing tax credits, HOME funds from the City of South Bend _ Grant from the Federal Home Loan Bank of Indianayolis 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: The properties have been abandoned and the neighborhood has seen many years of decline. This is an area in great need of redevelopment yet, it has been slow to attract developers. The homes that existed on the properties suffered 6om neglect and were no longer habitable and need to be torn down. The vacant landincreasesthe abandoned look of the entire neighborhood. The most compatible and logical development is redeveloping single family homes on the lots to attract more developers to the area. Lincolnway Corrida Plan this area was mentioned as a Park and the 14. The current use of the property is __vacant lots _----------- _ _ --- — — ------- and the current zoning is residential _ (use). (This information may he obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): n/a 16. The following person should he contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Anne Mannix Address 724 W Washir City, State, Zip " ' Deno, IN voouI Telephone — (574) 288 -0369 — ------ - - - - -- _____________ - -st.net -- — --------- - - - - -- E-mail Address amannix.nda @cancastnet WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. (Rev. 5 /13/11) Name of Property Owner(s): Lincoln Park Development, LLC By` - - -C�Fr �- (Signature) - - - -- - - - -- 2 Anne Mannix, Member Lincoln Park (Typed or printed name f Xf 1ce '2 2015 JO CITVCLE.h,,, 3,HKD,IPd South Bend Mutual Homes Application for Tax Abatement Exhibit A — Legal Descriptions 1015 Oak Street (18 -1033 -1461) Lot numbered seventeen (17) as shown on the recorded Plat of William Miller's Addition to the City of South Bend, excepting therefrom that part taken for Sherman Avenue, in St. Joseph County, Indiana. 2. 1042 Oak Street Parcel I: A Part of Lot Numbered Eleven (I 1) as shown on the recorded Plat of William Miller's Addition to the City of South Bend, described as follows, viz: Beginning at the Westerly corner of said Lot running thence North 39.5° East with the Southeasterly line of Oak Street 60 feet; thence Southeasterly 38.45 feet to a point 53 feet from the Easterly line of LaPorte Avenue; thence South 39.5° West parallel with Oak Street 53 feet; thence North 37.5° West with the Easterly line of LaPorte Avenue 36 feet to the place of beginning. (18 -1033 -1442) Parcel 11: A Part of Lot Numbered Eleven (11) as shown on the recorded Plat of William Miller's Addition to the City of South Bend, described as beginning at the Southwest corner of said Lot 11; thence North 27 °7' West of the Easterly line of LaPorte Avenue 13.13 feet to an angle in said street; thence North 37.5° West on said line of said Avenue 31.65 feet; thence Northeasterly parallel with Oak Street 53 feet; thence Southeasterly 30.6 feet to a point in the East line of said Lot 11, 56 feet North of the Southeast corner of said Lot; thence South 56 feet to said Southeast corner; thence West 27.39 feet to the place of beginning. (18 -1033- 1443). 56 feet on Oak Street, 76 feet North and South Along East line Lot 11, William Millers Addition, according to the recorded Plat thereof, St. Joseph County, Indiana Records. (18- 1033- 1444). 3. 1107 Oak Street Ex 76 feet SW End of Lots 52 and 53, Birner PL Add, according to the recorded plat thereof, St. Joseph County Indiana Records. Filed -2 2915 CITVCLEM,,�.._._.._ ��� <� s ;-�! J m� i " - -i� rr i f' F�, �` slf t ''I.k yam- j ,•� ; 1 94"♦. }� ell t v E 1 yb o, ' � �..• a.t 3i c� � ♦l .. � u f d �t w P � z e 2 f. pg a cc �1 � l MLO a kk ' � x17FY - fi B �Y �Rc(� ilc 1 k i � i I• I � � `p } Rvc x id p p. l Y 1 3 .a�'� �,k ) •atea �• 6 tiY ,,py6YG�,� /xp ply 4' -0�I�i �.yyl�'�( �•yq��.ys: 1 v �n r:♦ ` 1 4 s � Et .s 'ti t cys. r s f � NMI A Q Jsd 3 '. v O � w n tz O GC_ O r. 'S d m k o� A A 0.4 C eY Flied Nce t - 2 2015 4 ,tC.r•.. - --- CITY 8 �t e�:;, *2M !N m O � N W O N tj O N 00 O O t9 m A � O J N to p p in H y 0 O O 7 3 o' V O-01 X '�. :� O v •R N p 0 < n < tD a fD 7 a Q a ^ w 3 3 s N m p- 3 a 7 � a f1 �• 'r p frl 0o 0o 0o 00 oo to d N , , , , , 0 0 0 0 0 W W W W W�.I and m a ry N rD p' A A A A A < w A A A C) o y o O w c c CD a a ah O O < 69 b9 69 69 69 O 69 < nD a f •G "� C y t X N K X x p� y A F+ rD r+ F+ f N A kh 0, �o 0 0 0 CD O O 0 0 0 0 W tD O O 0 0 0 0 m m o ! O Pli d u p EA w Q W N 69 69 69 69 b9 M p O W 00 ttA rA-, �o N k N O\ A y w r O OW w O 00 00 N 0\ ON P. 69 fn 69 .s b O �+ A N A C O w t N w w O\ A A �1 S N y 00 ON cA N �o w N O N O O A C\ ON W O � w n tz O GC_ O r. 'S d m k o� A A 0.4 C eY Flied Nce t - 2 2015 4 ,tC.r•.. - --- CITY 8 �t e�:;, *2M !N C O � N W O N tj O N 00 O O t9 m A O � w n tz O GC_ O r. 'S d m k o� A A 0.4 C eY Flied Nce t - 2 2015 4 ,tC.r•.. - --- CITY 8 �t e�:;, *2M !N °" c STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R2 / 1 -07) "O Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 20_ PAY 20_ FORM SB -1 I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment orrehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of., (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (lC 6- 1.1- 12.1- 5.1(b) and IC 6- 1.1- 12.1 - 5.30)] 5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1 -12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. SECTION •- Name of taxpayer South Bend Mutual Homes, L.P. Address of taxpayer (numberand street, city, state, and ZIP code) 724 W Washington Street South Bend IN 46601 Name of contact person Telephone number 2884369 Anne Mannix E -mail address amannix.ndacgmail.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body City Of $ W d1 Bend Resolution number Location of property 1015, 1042 and 1107 Oak Street, South Bend, IN County Coun Seinl Joseph g district number 71026 Description of real property Improvements, redevelopment, or rehabilitation (use additional sheets if necessary) tart date (month, day, year) Three single family homes will be re- established in the neighborhood using lots that were formerly residential and remained zoned as such. LEsUmted 5 ompletion date (month, day, year) 6 SECTION OF • AND SALARIES AS RESULT=SED PROJECT Current number Salaries Number retained Salaries Number additional Salaries 1 $35600 SECTION • • • • •••• PROJECT NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values $ 3,000 $10.200 Plus estimated values of proposed project $ 617,871 $60.000 values restricted because of Less values of any property being replaced .0--0- limited rents/carrying charges" Net estimated values upon completion of project $620,871 $70200 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds) Na Estimated hazardous waste converted (pounds) rile Other benefits South Bend Mutual Homes vnll bring the development of a residential cooperative to the Lilcolnway Corridor. The housing %QIll quality and will be afforda.bl —�-avr4r income families who seek long term, stable housing options.ARadable housing will bring about ^tir)Led much needed neighborhoods i oanareaofSouth Berhil in nbad bta'c redevel The hones will be built with a number of green elements that vnll provide for log term suslainabiity and affordability. ..__._ - F---.- •. -2 [015 I CITY CLEA:", IN SECTION 6 TAXPAYER CERTIFICATION I hereby Certify that the representations in this statement are true. Signature of authorized representative /� / fL� Title South Bend Mutual Homes, L.P. Date signed (month, day, year) 2120115 c^*-, BY: South Bend Mutual Homes, GP,LLC ,,age 1 of 2 BY: Anne Mannix, Member mant. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VOICING CONCERNS OVER MANY OF THE ASSESSMENTS OF LAND IN THE CITY AND SEEKING AMICABLE SOLUTIONS OF THESE CONCERNS WHICH ARE IN THE BEST INTERESTS OF THE TAXPAYERS 9f" on October 1, 2014 the" St. Joseph County Assessor's Office mailed out Form 11- Notice of Assessment of Land and Structures for the 2014 pay 2015 Assessment Year for property owners whose values have changed... "; and 9fiCmw, even though the St. Joseph County Assessor's Office sent out a News Release on October 2, 2014 notifying the public of this reassessment, many questions have been raised about what many have called "lopsided" relationship between the assessed value, new assessed value and market rate of an increasing number of the properties; and 9f.4 currently taxpayers may appeal no later than May 10`h or 45 days after the date of the tax bill, whichever is later; and 911�" the Common Council recognizes that the County Assessor serves as the Secretary to the Property Tax Assessment Board of Appeals which reviews property tax assessments and reviews all tax assessment appeals; and the Common Council further recognizes that the City of South Bend has a website dedicated to "Property Taxes" at www.ci.south- bend.in.us which provides links to the St. Joseph County Treasurer's Office so that assessments, exemptions and payments may be viewed; as well as links to the Department of Local Government Finance, St. Joseph County Assessor, St. Joseph County Auditor; and 9ffmwe, the Department of Local Government Finance (DLGF) has an oversight role in the property assessment process after the Assessor has placed values on properties in the county; and 9hI�kr, DLGF reviews "an assessment to sales ratio study" which is "basically a comparison between sales and assessed values in the county to ensure that market values are being used to determine assessed values" in order to measure "the accuracy and equity of assessments" as further addressed on the DLGF website available at www.in.gov ; and remze attached to this Resolution are the most recent documents listed on the DLGF's website for St. Joseph County which include the July 9, 2014 DLGF approval letter, the June 23, 2014 letter from the St. Joseph County Auditor, and a 1 -page summary page from the 92 -page 2014 Ratio Study; and QfiCmz4 the "statewide cyclical reassessment began on July 1, 2014 for the 2015- pay -2016 property taxes, and the next four years [whereby] during the statewide reassessments, county and township assessors physically inspect each property to ensure that records are correct'; and QfiCAv, during the statewide cyclical reassessment process, assessing officials are to re- assess "approximately 25% of the parcels in their jurisdiction each year over a four year timeframe" with the DLGF website further stating that "it is expected [that] the data collection will be more accurate and the cost spread out. r �rr r r. r r� r Assessment of Lands Resolution Page 2 Section I. The St. Joseph County Assessor noted in her June 23, 2014 letter to the Indiana Department of Local Government Finance under the heading "Improved Residential" the following: "Each of our townships had sufficient number of sales to support their own ratio study. Liberty, Lincoln, Madison and Union, no trending was indicated. Portage Township had high investment (rental) sales, flips and rehab sales which were reviewed and removed from the ration study. While most were invalidated, those that truly reflected the market in high foreclosure areas were used in this study to determine the decline in property values ". Section II. In the interest of obtaining additional current information, in order to attempt to assist in providing information on the many questions from residential property owners, the following plan of action is recommended: 1. That the Office of the County Assessor be invited to further explain the re- assessment process. 2. That the Office of the County Assessor provide quarterly progress reports on the re- assessment. That the St. Joseph County Assessor, the St. Joseph County Auditor and the St. Joseph County Treasurer provide additional information which explains the property tax cycle from re- assessment to billing. 4. That the Office of the County Assessor be invited to further explain the appeal process, the timeframe involved, required forms, and the expected time until there is a resolution of an appeal. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Voting in Favor Voting Against John Voorde, City Clerk PRESENTED . NOT %PKO db ADOPTS# Henry—DAs, J ., nd i South Bend Common Counci = um- Pete Buttigieg, Mayor of South Bend, Indiana Red s: OfffC4 E ,'' 4 2Qi5 JON", 67;, kk'6.ii f i Common Council City of South Bend Indiana Henry Davis, Jr., 2nd District Council Member 4th Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9953 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD March 4, 2015 Members of the Common Council 4 1 Floor County -City Building South Bend, Indiana 46601 Re: Resolution on Concerns Raised by Property Owners on Reassessment Dear Council Members: It appears that a growing number of residents are voicing concerns over their homes being reassessed. The number of calls on this question are greater than ever before. In light of that, I am filing the attached Resolution for your consideration and approval. It sets forth a summary of information related to the process; as well as roles of the County Assessor and the Department of Local Government Finance. It also calls for greater collaboration with the St. Joseph County officials involved in this ongoing reassessment, so that the City taxpayers and ourselves have a greater opportunity to have their voices heard. Thank you. Sincerely, Henry Davis, Jr., is 'ct C ember South Bend Common Council Attachment 9 CITY C!!::i N., ;::.a • <, =f:t , IPe -- - - -... - ... ..._: .- STATE OF INDIANA DEPARTMENT OF LOCAL GovERNMENT PENANCE The honorable Rosemary R Mandrici St. Joseph County Assessor 227 W. Jefferson Blvd., Room 307 County -City Bldg. South Bend, IN 46601 Dear Ms. Mandrici: INDIANA GOVERNMENT CENTER NORTH 100 NORTH SENATE AVENnE N1058(B) MUNAPOLIS, IN 46204 PHONE(317)232 -3777 FAX(317)974 -1629 July 9, 2014 The Department of Local Government Finance has reviewed the information and data (both originally submitted and the supplemental information) for the St. Joseph County 2014 ratio study. The Department hereby approves the ratio study based on the results of the Mann - Whitney "Sales Chasing" test and Spearman Rank test for vertical equity; and the review of the accuracy, equity, and uniformity of the assessments as determined by the median ratio, coefficient of dispersion (COD), Price Related Differential (PRD), and the change analysis conducted by the Department. Please note that this approval is granted without verification of all of the actual sales disclosure forms in order to allow the preparation and delivery of the real property list to the County Auditor pursuant to IC 6- 1.1 -5 -14. As always, the Department encourages counties to use all possible sales, which lend greater validity to the sales ratio study. In conjunction with our Data Analysis section, please continue to ensure your sales disclosure file database is compliant. For the assessment year 2015, your 2014 sales disclosure data files must be compliant with the rules of the Department. If you have any questions or concerns, please feel free to contact Barry Wood, the Assessment Division Director, at (317) 232 -3762 or by e-mail at BwoodAdIgfin.gov . Sincerely, Micah G. Vincent Commissioner cc: Barry Wood, Assessment Director Office of the County Assessor Patti St Clair, Chief Deputy o+ Compliance Division Arcelia Dorado, Deputy 4, Property Tax Assessment Board of Appeals Sue Tranberg, Deputy Office of the St. Joseph County Assessor Rosemary Mandrici 227 W. Jefferson Blvd. Room 307 County-City Bldg. South Bend, IN 46601 ph: 574- 235 -9523 fax: 574- 235 -5554 International Association of Assessing Officials Indiana County Assessors Association Indiana Township Assessors Association Association of Indiana Counties June 23, 2014 Mr. Barry Wood, Assessment Director Indiana Department of Local Government Finance 100 North Senate Avenue, N 1058(B) Indianapolis, IN 46204 RE: St. Joseph County Ratio Study 2014 pay 2015 Dear Mr. Wood: The enclosed data for St. Joseph County reflects the proposed Assessed Value Changes for the March 1, 2014, assessment year. We have conducted a ratio study based on sales in the Residential, Industrial, and Commercial classes for the purpose of the Annual Adjustment to market value as required by 50 IAC27, using guidelines provided by the Department of Local Government Finance. The study includes all available sales from the period of January 1, 2013 to March 1, 2014. Properties were reviewed for characteristics at the time of sale, using MLS, permits and field inspections. The records were updated to reflect all changes. All sold and unsold propertied were treated equally and equitable. The new agricultural land base rate was applied. Commercial and Industrial sales were additionally reviewed against MLS data, LoopNet Commercial, and verified by an independent consultant. Initially, the study included 2,934 valid sales from January 1, 2013 through March 1, 2014. St. Joseph County is committed to utilizing as many valid sales as possible during the trending process. We have taken every step to ensure that the sale used provides the most accurate information relating to the housing and commercial /industrial market within the county. We have also used as many multi parcel sales as possible and have the tab called "Multi Parcel Sales" for identification. Of these 2,934 sales, 2,566 were used in the study, there are 38 sales that were not used because they transferred after 3/1/2014 and will be reviewed for the 15/16 ratio study. The remaining 330 sales which did not meet the market value test for foreclosures defined under the January 11, 2011, Annual Adjustment Guidance were removed from the study, and identified as "outlier" on the attached "Sales not Used" worksheet. Additionally, sales were excluded which had a change in use or property class (i.e. rental properties using income valuation, land removed from Developer's discount, new construction, etc.) or did not meet other tests of acceptability when verified by our Sales Disclosure Department. All acceptable sales were stratified by property class type, township, and neighborhood for this analysis resulting in some properties being reported in a different neighborhood this year. We researched and trimmed outliers, applied suggested factors, and calculated the 2014 pay 2015 assessments contained in the attached workbook. o Improved Residential- Each of our townships had sufficient number of sales to support their own ratio study. Liberty, Lincoln, Madison and Union, no trending was indicated. Portage Township had high investment (rentals) sales, flips and rehab sales which were reviewed and removed from the ratio study. While most were invalidated, those that truly reflected the market in high foreclosure areas were used in this study to determine the decline in property values. Vacant Residential: Due to insufficient sales of residential vacant, five townships Centre, Clay, German, Harris and Olive were combined. Warren had four sales, not enough to analyze data. Greene, Liberty, Lincoln, Madison and Union had no sales to analyze. Upon reviewing and analyzing Penn & Portage, it was determined no factor is warranted. Improved Commercial: Due to insufficient sales of commercial property in many townships, the study was conducted on a county -wide basis by Property Class. All sales were reviewed by an independent commercial property appraiser for validity. Upon further review and analysis of economic trends and conditions it was determined that no factor is warranted. The results of the Combined Study by Property Class Code are shown. Vacant Commercial: Not enough sales county -wide to analyze data Improved Industrial: Five townships had valid sales in the Improved Industrial category. Sales were combined Penn, Harris, Lincoln, Portage and German Townships for the Industrial Class Codes 340, 350. For the Property Class codes 346, 360, 370 and 399 there was not enough sales to analyze. The results of the Combined Study by Property Class Code are shown. Vacant Industrial: Not enough sales county-wide to analyze data. Please review the attached ratio study, workbook, and sales not used files for St. Joseph County. Notify me should you find any discrepancies or issues of non - compliance. Thank you. Respectfully submitted, Arcelia Dorado Manager, Compliance Division Office of St. Joseph County Assessor Rosemary R Mandrici 227 W. Jefferson Blvd. South Bend, IN 46601 (574)235 -9523 (574)245 -6642 W W W W W 9 9 9 9 0 D R N W 0 O O O O O N Wi uWiW uWi O O O O nWpn Z Z Z Z Z Z Z Z Z Z 2 Z o c Oa p�aFaa Oa O pry 9 N O pWj y jq y� y m v y 9 g N (9 N N O A N fA N fmA f N P N (O O 3 mQ000 3 3 3 0EE�a c "e °° 3 U (UJ U U U a x' a € 9 B � E A > c E V C E c V K o e o 0 0 0 0 0$ o 0 0 00 0 C G O O C O O O O OO G O O N r O � W � uWi vOj N 0 � "0c SC 9 ff"a5 S" e z>> o o e 6 3 i 6 -( (� I -� -Is Bill No. (3 4 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 13, SECTIONS 20 -130 THROUGH 2O -135 ADDRESSING MOPED REGULATIONS AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council passed Ordinance No. 10244 -13 on July 22, 2013, which created local moped regulations. Those regulations were based on the "growing public health and safety concerns in light of moped accidents and the number of mopeds being stolen ", which were not being addressed at that time by any state regulations. The action taken by the Common Council in 2013 was similar to legislative action taken by the Common Councils in Evansville, Kokomo, Terre Haute, Richmond, and other Indiana cities, where public safety concerns were addressed. Upon the effective date of Ordinance No. 10244 -13, several dozen moped owners had their mopeds inspected and each of those who passed the safety inspection were then properly registered with the South Bend Police Department. Fifty percent (50 %) of the fees generated from these registrations were deposited into the Law Enforcement Continuing Education Fund. Since the passage of South Bend's moped ordinance, the Indiana General Assembly has enacted state legislation [HEA 1343] in this area, with the most recent provisions taking effect on January 1, 2015. In light of the new state law, all local moped ordinances in cities and towns throughout the State of Indiana are now preempted. In light of that, this ordinance officially repeals Ordinance No. 10244 -13 and reserves Chapter 20, Article 13 of the South Bend Municipal Code for future legislation. This ordinance also deletes the penalty provisions for the violation of the former local moped regulations from the Schedule of Ordinance and Code Violations set forth in Section 2 -213 of the South Bend Municipal Code. Jl ua Ulemlc"" 66e, ✓/ �rr /riinrd /�! /i canrirci� rarer /�� //� �i /� �Y/c +v! /r "rile, J'mr /Jana, rrl�l /crr�� Section I. In light of the action by the Indiana General Assembly, Ordinance No. 10244- 13 is hereby repealed in its entirety. Section II. Chapter 20, Article 13, Section 20 -130 through Section 20 -135 of the South Bend Municipal Code which is the codified version of Ordinance No. 10244 -13 addressing Moped Regulations is hereby repealed. Ordinance Repealing Local Moped Regulations Page 2 Section III. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code is hereby amended in part as follows: Section IV. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be Common Council, approval by the Mayor, %a Office of the City Clerk m. from and after its passage by the legal publication: Tim Scott, V District Council Member Mle,kl Cer/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2015, at o'clock _. m. Janice Talboom, Deputy Clerk rca. /and ✓�i,rdby me on the day Pete Buttigieg, Mayor City of South Bend, Indiana 1 sf Rl'ADIRG 3 -2J3 -1 r PUBLIC HEARING 3 rd READING NOT APPROVW 2015, at_ o'clock Filed In Clerk's Office HAR 17 2015 JOHN VOORDS CITY CLERK, SOUTH BEND, IN (574) 235 -5980 March 10, 2015 Members of the Common Council 4"' Floor County -City Building South Bend, Indiana 46601 C`�pUiN ♦4�. INS Common Council City of South Bend Indiana Tim Scott, Council President 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile Re: Ordinance to Repeal Local Moped Regulations Dear Council Members: (574)235 -5567 TTY/TDD On July 17, 2013, Council Member Karen L. White, Council Member Derek D. Dieter, and Council Member Oliver J. Davis joined with me in sponsoring Bill No. 28 -13 which created local moped regulations. The final version of the Bill was passed by the Common Council on July 22, 2013, with the support and input from Police Division Chief Scott Ruszkowski and Police Chief Ron Teachman. As noted both in the public hearing held by the Health and Public Safety Committee and the public hearing held by the Common Council, the ordinance addressed many public safety concerns which were not being addressed by Indiana state law. The ordinance was signed into law by Mayor Buttigieg and implemented thereafter by the South Bend Police Department. With the Indiana General Assembly's enactment of HEA 1343, local communities in Indiana are essentially preempted from having their own moped regulations. In light of that action by the state legislature, the attached ordinance repeals all of South Bend's local regulations addressing mopeds I recommend that this Bill be sent to the Council's Health and Public Safety Committee for review a ositive recommendation to the Common Council. N. Sincere Ti ncil President 11 District Council Member Attachment Thank you. Filed In Clerk's Office M AR, 17 2015 JCbltit� �'�ci>;aDE CITY CLERK. SOUTH BEND, IN �l Pb, H -T M. Irk, an Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED COLLABORATIVE PILOT INITIATIVE ON HOMELESSNESS STATEMENT OF PURPOSE AND INTENT The Department of Housing and Urban Development (HUD) requires that "Continuums of Care" conduct an annual count of homeless persons. The annual Housing Inventory Count (HIC) is a point -in -time inventory count required by HUD of "sheltered and unsheltered homeless persons on a single night in January... of homeless person who are sheltered in emergency shelter, transitional housing, and Safe Havens on a single night ". The Homeless Point -in -Time Counts include an "inventory of provider programs within a Continuum of Care that provide beds and units dedicated to serve persons who are homeless, categorized by five Program Types: Emergency Shelter, Transitional Housing, Rapid Re- housing, Safe Haven, and Permanent Supportive Housing ". HUD data from the 2014 Point -In -Time Homeless Count as well as the Continuum of Care Homeless Assistance Programs Housing Inventory Count Report for the State of Indiana, which are informative exhibits to this Bill, along with a summary of all fifty (50) states showing the "Change in Total Homelessness" from 2007 to 2014. Additional data may be obtained from www.hudexchange.info/hdx/guides/pit-hi data will begin to be entered on April 1, 2015 into HUD's Homelessness Data Exchange (HDX) web portal which will have a listsery to Continuums of Care. HUD has also created a new website on the HUD Exchange entitled "Point -in -Time Count Implementation Tools" to assist communities. The website for the Indiana Housing & Community Development Authority www.in.gov/ihcd gives access to critical information from foreclosure prevention to rental assistance; Section 8 /Subsidized Housing to Weatherization/Energy Conservation "designed for residents of Indiana to learn more about the resources and programs available through the IHCDA ". Under the "Homeless Hoosiers" category information is provided on emergency shelters and transitional housing; as well as emergency solutions grant rapid re- housing (ESG RR). A list of the emergency shelters by county is an exhibit to this Bill. The Indiana Planning Council on the Homeless was established as an "overall planning body for initiatives aimed at ending homelessness in Indiana, and committed to using a comprehensive approach to develop, operate, and improve Indiana's continuum of homelessness solutions ". It includes persons from the private and public sectors, academics and formerly homeless individuals who focus their efforts in four (4) committee areas: 1. Quality and Performance; Housing and Program Continuum Development; 3. Funding and Strategies; and 4. Coordinating. Collaborative Pilot Initiative on Homelessness Page 2 On January 28, 2015 the 2015 Point -in -Time Homeless count was conducted by the Indiana Balance of State Continuum of Care. In January, HUD awarded $16.4 million to "support Indiana homeless ". In July of 2014, the news media reported that a "South Bend homeless tent city was discovered and dismantled ", with an "estimated 10 to 15 campers" being displaced from an area located one block north of the Center for the Homeless and two blocks south of the Hope Rescue Mission. The "homemade cardboard huts" and tents "were virtually invisible ", being obscured by overgrown vegetation. In February of 2015, the news media reported that "homeless youth populations in Indiana, and the United States, are on the rise. The National Center on Family Homelessness last year reported an 8 percent increase in youth homelessness nationally; it estimated Indiana's youth homeless population to be nearly 32,000 in 2012 -2013. That was up from about 30,000 the year before... ", February 2, 2015 South Bend Tribune. The City of South Bend, Indiana, is indeed a caring community as evidenced by its many organizations which provide outreach services to those in need. The Center for the Homeless has been in existence just south of the downtown for over 26 years and houses up to 275 each day, and links those individuals to "programs, agencies and people who can help them break the cycle of homelessness ". Some of their services include "therapy, addictions counseling, childcare, GED prep, tutoring, job skills training, fitness classes, medical service..." Additional services are provided by the Hope Ministries Rescue Mission, YWCA of Saint Joseph County, and St. Vincent de Paul Society of St. Joseph County. There is a South Bend Homeless Shelters and Services website at: www.homlessshelterdirctorv.org The Women's Shelter's national directory lists services being provided by Hope Ministries South Bend, Life Treatment Centers, Center for the Homeless, YWCA Women's Shelter South Bend, and Rescue, Inc. in their website located at: www.womenshelters.org There is a website entitled "Homeless Shelters and Supportive Housing" which states that its "database consists of over 3,000 listings and includes emergency shelters, homeless shelters, day shelters, transitional housing, shared housing, residential drug alcohol rehabilitation programs and permanent affordable housing at www.shelterlistings.org Community Resources are listed on many websites such as the South Bend Kroc Center's "Basic Needs Resources" located at www .mvkroc.orWfamiy/basicneeds.php where it sets forth services provided by St. Vincent DePaul, WIC programs, Catholic Charities, Christ Child, Real Services, Food Bank of Northern Indiana, and the Center for the Homeless. The Youth Services Bureau of St. Joseph County, and the many agencies which receive federal entitlement funds via the City of South Bend to" benefit low and moderate income persons and/or eliminate slum and blight" also provide services via the Community Development Block Grant (CDBG), HOME, and Emergency Solutions Grant (ESG) funds. The St. Joseph County Housing Consortium provides multiple services in South Bend, Mishawaka and St. Joseph County. Collaborative Pilot Initiative on Homelessness Page 3 Miller's Vets founded in 2009 by the Honorable Robert L. Miller, Sr., is dedicated to providing a variety of services for homeless veterans — from shelter to burial assistance and in return Miller's Vets provide services back to the community some of which include color guard, flag- raising, parade march, military funeral honors. Yet despite all of these programs, services and centers of outreach, far too many persons are seen holding cardboard signs indicating that they are homeless and in need. The St. Joseph County Health Department's 2013 Annual Report noted that "as a result of the National Public Health Performance Standards Project in 2011, a small working group consisting of individuals within the local public health system (LPHS) continued with strategically creating county -wide health improvement alliance. In November of 2013, more than 40 different public health partners began work collaboratively on major health issues, system infrastructure, and partner communication ". It is believed that a more collaborative pilot initiative on homelessness is needed in the City of South Bend which is aimed at further reducing the cycle of homelessness in our community. By working cooperatively with the South Bend Continuum of Care, the St. Joseph County Health Officer, and the many private and public providers of services to homeless persons living in our City, the overall health and well -being of all residents in our community may be enhanced. Section I Chapter 14 of the South Bend Municipal Code is hereby amended by the inclusion of new Article 12 which shall read in its entirety as follows: Article 12. COLLABORATIVE PILOT INITIATIVE ON HOMELESSNESS. Sec. 14 -116 Purpose and Intent. (a) The following Collaborative Pilot Initiative on Homelessness is created for the purpose of delicately balancing the constitutional rights of all individuals, while recognizing the need to assist in ending the cycle of homelessness in our community. (b) Homelessness is a public health and safety concern, with poor health of homeless individuals and homeless persons being linked to a high rate of premature death.' ' "Home & Healthy for Good — A Statewide Pilot Housing First Program Progress Report July 2008 ", Massachusetts Housing and Shelter Alliance www.mhsa.net , p. 1; Hwang SW, Orav EJ, O'Connell JJ, Lebow JM, Brennan TA. Causes of Death in Homeless Adults in Boston, Annals of Internal Medicine 1997; 126 (8): 625 -628 and Hibbs JR, Collaborative Pilot Initiative on Homelessness Page 4 (c) Chronically homeless persons have been reported as constituting approximately ten percent of the homeless population who consume more than half of the homeless resources.2 Sec. 14 -117 Definitions. For purposes of this Article, the following definitions shall apply: (a) CoC means the Continuum of Care agencies identified in the Annual Action Plan who work together to "design and implement a collaborative process based on referrals and complementary programs and services of the homeless; (b) ESG Program means the program receiving federal funds allocated as part of the Emergency Solutions Grant which is addressed in the most recent Action Plan of the Housing and Community Development 3; (c) Homeless camp means a place on public property with temporary accommodations of tents or other structures in which homeless persons have been living; and (d) Homeless individual or homeless person has the meaning set forth in 24 Code of Federal Regulations (CFR) Section 11302 4 Benner L, Klugman L, Spencer R, Macchia I, Mellinger AK, Fif D., Mortality in a Cohort of Homeless Adults in Philadelphia, Nov England Journal of Medicine 1994; 331: 304 -309. z "Home & Healthy for Good — A Statewide Pilot Housing First Program Progress Report July 2008 ", Massachusetts Housing and Shelter Alliance www.mhsa.net , p. 2; Kuhn R, Culhane DP., Applying Cluster Analysis to Test a Typology of Homelessness by Pattern of Shelter Utilization: Results from the Analysis of Administrative Data, American Journal of Community Psychology 1998; 26 (2): 207 -232. 3 The "Housing and Community Development Fifth year Action Plan (2014)' notes on page 1 that $165,439 was allocated from Emergency Solutions Grant (ESG) funds in 2014. It is further noted on page 2 of the Action Plan the "efforts to prevent homelessness and assist the homeless will continue to be supported with Emergency Solutions Grant (ESG) funds, as well as HEARTH McKinney -Vento Homeless funds. 2012 ESG funding will be allocated as follows: 60% for operations, emergency shelters and outreach, 39% for rapid re- housing and 1% for program administration ". On page 6 of the Action Plan it is noted that "the city has a seat on the CoC and attends meetings regularly... Recent state policy to exclude St. Joseph County agencies from applying for State ESG funds is a recognized issue that will impact the community and the agencies..." (Emphasis added). It further reports on page 45 that recent entities receiving EDG funding included the Center for he Homeless, the YWCA, the Youth Services Bureau, Dismas House, Life Treatment Center and AIDS Assist/Ministries. 42 CFR §11302 reads in part as follows "(1) an individual or family who lacks a fixed, regular, and adequate nighttime residence; (2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (3) an individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements ... (4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily lived; (5)an individual or family who ... will imminently lose their housing... has no subsequent residence identified; and ... lacks the resources or support networks needed to obtain other permanent housing; and (6) Collaborative Pilot Initiative on Homelessness Page 5 (e) Wraparound services mean community -based intervention services which emphasize the strengths of the child and family and include the delivery of coordinated services to address the needs and achieve positive outcomes, which may include but not be limited to behavioral support services, crisis planning and intervention, parent coaching, education, and medication monitoring Sec. 14 -118 City Homelessness Outreach Coordination Data Collection. (a) In the interest of having the most recent data available to assist in helping to coordinate )Kthe many social services and programs being provided to homeless persons and homeless individuals, public and private providers of such services are invited to participate by providing the following information within ninety (90) days from the passage of this ordinance: 1. Food services: types and times made available; 2. Overnight shelter: types and beds made available; 3. Counseling: types and times made available; 4. Types of drop -in services made available and times of availability; 5. Whether any type of screening for basic health needs takes place and a description of the same; 6. Description of linking to other services provided and how such awareness is made; 7. Description of short-tern stabilization planning; 8. Description of long -term stabilization planning to end the cycle of homelessness; 9. Confirmation of any grants made available and the source of such funding; and 10. Summary of any additional information on services provided. (b) Once all data referenced in ¶ (a) is submitted to the City of South Bend Department which oversees the certification process for Emergency Solutions Grants (ESG) Programs recipients, each responding public and private provider shall designate an individual to represent them at a meeting which is to be held within thirty (30) days of the receipt of such information for the purpose of discussing information received. Such data collection shall be reviewed and discussed so that the following documentation may be summarized and shared with all responding parties and the St. Joseph County Health Officer for advisory review and recommendations: unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes..." 5 The St. Joseph County Health Department's 2013 Annual Report noted that "as a result of the national Public Health Performance Standards Project in 2011, a small working group consisting of individuals within the local public health system (LPHS) continued with strategically creating county-wide health improvement alliance. In November of 2013, more than 40 difference public health partners began work collaboratively on major health issues, system infrastructure, and partner communication. Collaborative Pilot Initiative on Homelessness Page 6 1. List of total number of participating public and private providers including the contact information for each; 2. Map of the City of South Bend depicting the names & street addresses of all public and private providers of services for homeless persons and homeless individuals; 3. Total number of homeless persons and homeless individuals receiving any type of services provided during the responding period categorized by male, female, minors, and veterans; 4. Total number of homeless persons and homeless individuals requiring emergency room services during the responding period; 5. Total number of homeless persons and homeless individuals requiring hospitalization during the responding period; 6. Total number of homeless persons and homeless individuals requiring ambulance services during the responding period; 7. Total number of homeless persons and homeless individuals who have obtained part-time employment during the responding period; 8. Total number of homeless persons and homeless individuals who have obtained full -time employment during the responding period; 9. Total number of persons who have moved onto permanent housing resulting in residential stability during the responding period; 10. Total number of police service calls to the providers place of business during the responding period; and 11. Estimated total costs incurred for providing all of the above - listed services during the responding period. Such information thereafter shall be updated on an annual basis. (c) These same individuals shall discuss and make advisory recommendations to the City of South Bend Department which oversees the certification process for Emergency Solutions Grants (ESG) Programs recipients on the following: Collaborative Pilot Initiative on Homelessness Page 7 1. Who would be the best entity or entities to oversee the coordination of all needed public health and safety services for individuals displaced from a homeless camp, as further addressed in Section 14 -119; and 2. Who would be the best entity or entities to store any personal items of individuals who may be displaced from a homeless camp, as further addressed in Section 14 -119. Sec. 14 -119 Displacement of Homeless Camps. (a) Upon receiving a complaint that a person living in a homeless camp is allegedly violating the State of Indiana's law addressing panhandling', or is committing a breach of peace, or any other city ordinance addressing quality of life, a sworn member of the South Bend Police Department shall investigate such complaint. (b) If a homeless person or persons is to be displaced from a homeless camp, the entity or entities formally designated pursuant to Section 14 -119 (c) shall assist in cataloguing their personal items, in a safe and secure manner. (c) Before a homeless camp may be displaced, the City of South Bend must have communicated with the City of South Bend Department which oversees the certification process for Emergency Solutions Grants (ESG) Programs recipients, and determine if available housing for the homeless persons or homeless individuals proposed to be displaced is available. The South Bend Continuum of Care or other designated entity shall coordinate with all participating service providers, faith -based organizations, street ministries, and volunteers to ensure that the homeless persons and homeless individuals to be displaced are provided the next available transitional housing and comprehensive wrap- around services for which they may be eligible, unless refused by said individual(s). Sec. 14 -120 Rights of Homeless Individuals and Homeless Persons. (a) No person's rights, privileges, or access to public services may be denied solely because he or she is homeless. (b) A homeless person or homeless individual: 1. Has the right to use and move freely in public spaces, including, but not limited to public sidewalks, public parks, public transportation and public buildings, in the 'Indiana Code § 35 -45 -17 sets forth the State of Indiana's panhandling regulations. 7 Indiana Code § 35- 33 -14 sets forth the State of Indiana's breach of peace regulations. Collaborative Pilot Initiative on Homelessness Page 8 same manner as any other person, and without discrimination on the basis of his or her housing status; 2. Has the right to equal treatment by all municipal departments and agencies, without discrimination on the basis of housing status; 3. Has the right to emergency medical care without discrimination based on his or her housing status; 4. Has the right to register to vote and receive documentation necessary to prove identity to vote without discrimination due to his or her housing status;$ 5. Has the right to protection from disclosure of his or her records and personal information provided to a homeless shelter and related service providers, and confidentiality of personal records in accordance with the provisions of the Homeless Management Information System (HMIS),9 the federal Health Insurance Portability and Accountability Act (HIPAA),10 and the federal Violence Against Women Act (VAWA); I land 6. Has the right to a reasonable expectation of privacy with regard to his or her personal property to the same extent as personal property in a permanent residence. I? Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. s Indiana Code §3- 7 -26 -7 sets for the voter registration regulations for the State of Indiana 9 HMIS is a "local information technology system used to collect client -level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Each Continuum of Care is responsible for selecting an HMIS software solution that complies with HUD's data collection, management, and reporting standards ". 10 HIPAA was passed in 1996 "to establish a national framework for security standards and protection of confidentiality with regard to health care data and information ". 11 VAWA was passed in 1994 and is "aimed at ending violence against women" and focuses several areas of intervention. 11 See: 19 Public Interest Law Reporter, Fall 2013, Sheffield, Jonathan, "A Homeless Bill of Rights: Step by Step front State to State ", pp 1 -10. Collaborative Pilot Initiative on Homelessness Page 9 Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal pubh ion. Henry Davis, Jr., 2nd District Mouncil Member Office of the City Clerk M- kwtei%by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2015, at o'clock . m. Janice Talboom, Deputy -.r., . /.../ /,.. /by me on the _ day of 2015, at _ o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 1st READING 3 -2-3 -if— PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed in IG4aW$`Office JOFII+I YdiOi�AE CITY CLERK, SOUTH SEND, IN j $ou?ti �G I �e7i1 - Common Council City of South Bend Indiana Henry Davis, Jr., 2 "d District Council Member 4th Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5983 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD March 16, 2015 Members of the Common Council 40' Floor County -City Building South Bend, Indiana 46601 Re: Ordinance Addressing Homelessness Dear Council Members: I am pleased to introduce the attached ordinance for your review and discussion, along with several documents which set forth detailed information on homelessness. As detailed in the "Statement of Purpose and Intent" in the proposed ordinance and in the many footnotes set forth in the draft ordinance, there are many private and public agencies dedicated to providing services to assist the homeless in our community. In 2012, public discussions began which resulted in the states of Rhode Island, Illinois and Connecticut enacting laws that protect the "civil rights of people experiencing homelessness ". On June 20, 2012, Rhode Island became the first state to pass a "Homeless Bill of Rights ", with similar legislation passed in Illinois on August 22, 2013, and in Connecticut in October 1, 2013. As of late last year, other communities considering legislation addressing a homeless bills of rights included Baltimore, Maryland; Madison, Wisconsin; and the states of California, Delaware, Minnesota, Missouri, Oregon; Tennessee, and Vermont. On March 2, 2015, the City- County Council in Indianapolis passed Proposal No. 291 -2014 which would recreate a new Article V in Chapter 231 of the Revised Code of the Consolidated City and County addressing "Protections for the Homeless" by a vote of 16 -13. Late this afternoon, the news media began reporting that Indianapolis Mayor Gregory A. Ballard vetoed the measure stating that is would be an "ill- conceived liability for the city ". The proposed ordinance which I am proposing is more holistic, than the Indianapolis proposal. It recognizes the many local private and public organizations who are and have dedicated themselves Cover Letter to the Collaborative Pilot Initiative on Homelessness March 16, 2015 Page 2 to tying to curb the cycle of homelessness. It proposes however to see if better collaborative efforts can be made among all such agencies, which may benefit even more individuals. It should be noted that each year, an annual count of homeless persons is to be conducted according to HUD guidelines. On January 28, 2015 the 2015 Point -in -Time Homeless Count took place, with information being made available later this year. HUD's summary for 2014 addressing the "Housing Inventory Count Report" attached and sets forth information on the Continuum of Care for South Bend/Mishawaka/St. Joseph County (2 pages). The next 3 -page attachment is the HUD 2014 Homeless Populations and Subpopulations for the State of Indiana along with a comparison of homelessness in each of the fifty (50) states from 2007 — 2014. Immediately after the "Emergency Shelter List by County" in the State of Indiana. The final document attached are pages 45 -47 from the "Housing and Community Development Fifth year Action Plan (2014)" specifically addressing "Homeless and Other Special Needs Activities ". Much discussion and collaboration needs to take place on this topic. I therefore recommend that this Bill be sent to the Council's Community Relations Committee for detailed review so that it will be a "win/win" for all residents of our community. Thank you. Sincerel , Henry Da tad District Council Member Attachment Filed in Cl; r3; 'S Office �. KCITY CER, SO H RE ND, IN •Q� }ai �" }� N V ; oVii — N C V Ql you F 4" E° � .� a W A A W a A A •B 9 A A A y m o0 7 �E s� 0 0 2 2 0 0 a S a > > > 7 a y �V icy fi •� ��Gy °c - O s ii � G W�. � O O �O M M e7 N °• O J w y z Fa A y t b � c N O S a p C O9 2� C O O 9 y C ,� q� 0 0 0 0 P `O •O O O O `O u O rt' v U y 6a T LF O e�• °ems bD ��� c � E •O vZ � 2 e e a m o « .E9 re � � = N « y T- = C W � N O •O N M N O O$ 3� � �= vri vi y M Q _ V 'R f� p 4 3 C C 1'N N = A �'�"u b o y C O a C " a Z o g o O co c eq No9 %.a c LO a c z_ IR W �?mam JSMG '�S°o 3` V y o- � 4. 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O t N L W K O O C O c O C C O O N C d C 3 3 E \ \ Q d L Z L J E Z Z O N (NO N n � N N O N W � pip M N N W m C N H N i N h N N V O a C N L m E ai N v m•_ 5gg N N d 2'-d O UI __ N C 2)P L C _ m a o c E o an " N Z fai ? C7 ^. Z � 3: E i'c� to n Oa v M a voi U a E. o J it J FS. K f AP -65 Homeless and Other Special Needs Activities — 91.220(i) introduction The ESG Program in the City of South Bend has historically received an annual allocation for emergency shelter operations. Recent awardees have been: the Center for the Homeless, the YWCA, the Youth Services Bureau, Dismas House, Life Treatment Center and AIDS Assist /Ministries. Additionally, the 2013 -2014 renewal of funding through the Shelter Plus Care Program, offers shelter assistance for 37 units through Oaklawn Psychiatric Center. This McKinney Vento Homeless Assistance funding is designed to link rental assistance to supportive services for hard to serve homeless persons with disabilities, primarily those and their families, who are seriously mentally ill; have chronic problems with alcohol, drugs or both, or have acquired AIDS. Describe the jurisdictions one -year goals and actions for reducing and ending homelessness Including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The Continuum of Care (CoC) agencies have worked together to design and implement a collaborative process based on referrals and complementary programs and services. Addressing the emergency shelter and transitional housing needs of homeless persons The CoC continues to discuss and work on strategies that will result in the following priorities: • Restructuring the traditional shelter system toward the Housing First model and meeting Hearth Act priorities. • Focusing on rapid re- housing activities with the HPRP to ESG transition. • Using two distinct approaches, one for situational impoverished homeless individuals and one for the chronically impoverished homeless, to re -house them. • Reducing the unsheltered or precariously housed population. • Reducing the time spent in transitional housing, Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that Individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Annual Action Plan 2014 OMB Control No: 2506 -0117 (op. 07/31/2015) 45 The chronically homeless, severely mentally ill, veterans, persons with HIV /AIDS, victims of domestic violence, and youth will be moved Into rapid re- housing options rather than the traditional shelter system; the chronic substance abuse homeless subpopulation will use a traditional shelter model with expanded services and programs. The Center for the Homeless established a homeless veteran facility. The CoC is also considering a facility for the chronically homeless who typically stay outside of the shelter system. Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Discharge planning within the community continues to be extremely difficult. While the hospitals and community mental health centers have coordinated plans with the emergency shelter facilities, they are still less than ideal for an individual just released from their care. Additionally, county and state correctional facilities are not coordinating their releases; it is not uncommon to have an individual arrive at a facility with paperwork ordering them into residence when there is no available bed. With the support of the Indiana Housing and Community Development Authority, the CoC has been working with the State Department of Correction and the Department of Child Services to improve the coordination of discharge policies. The CoC has developed discharge coordination policies for foster care, health care, and mental health systems of care. Foster Care: The Indiana Division of Child Services case managers are responsible for creating individualized plans for each youth being discharged from foster care. They are responsible for case planning, and reunification conferences with providers including foster parents, birth parents, children (when age appropriate), and Court Appointed Special Advocates. Discharge planning does not include use of McKinney -Vento funded shelters. Youth aging out of foster care receive independent living services that cover areas such as financial independence, educational needs, vocational needs, mental health and substance abuse treatment. The Division of Child Services has a written protocol and partners with appropriate community providers to ensure that youth discharged from foster care are not discharged into the streets. Discussion One year goals for the number of households to be provided housing through the use of HOPWA for: Short-term rent, mortgage, and utility assistance to prevent homelessness of the Individual or family Tenant -based rental assistance Annual Action Plan 2014 OMB Control No: 25060117 (up. 07/31/2075) 46 Units provided in housing facilities (transitional or permanent) that are being developed, leased, or operated Units provided In transitional short-term housing facilities developed, leased, or operated with HOPWA funds Total Annual Action Plan 2014 OMB Control No! 2506 -0117 (exp. 07/31/2015) 47 IN -500 - HUD Exchange About Grantees ( /granteeso Page l of 2 IN -500 - South Bend /Mishawaka /Saint Joseph County COC Display Organization Data for 2014 Iv] Field Office Indianapolis Field Office 151 N. Delaware Street, Suite 1200 Indianapolis, IN 46204 -2526 317 - 226 -6303 CoC: Continuum of Care Program The CoC Program provides funding to states, localities, and nonprofit organizations to provide permanent housing, transitional housing, supportive services, HMIS, and, in some cases, homelessness prevention. Contacts Collaborative Applicant Lani Vivirito Chairperson SJC Homeless Continuum of Care P: 574 - 282 -8700 Ext: 81321 E: Iivirito @cfh.net (mailto:lvivirito @ cfh.net) Collaborative Applicant Sheri Miller Story CoC Board Member SJC Homeless Continuum of Care IN 46601 P: 574 - 233 -9491 Ext: 326 E: smillerstory@ywcancin.org (mailto :smillerstory@ywcancin.org) POC for Homeless Persons Lani Vivirito https: / /www.hudexchange.info /grantees /in -500/ 3/16/2015 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Portions of Lots 1 and 2 of the recently recorded subdivision of Coveleski Park contain small areas of mixed use (MU) and General Business (GB) Zoning. The request is to change these areas to Central Business District (CBD) as the remainder of the Plat consists of. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Portions of Lots 1 and 2 of Coveleski Park Minor Subdivision as recorded in the Office of the Recorder being more particularly described as follows: Beginning at the Northwest Corner of Lot 2 of said Coveleski Park; Thence North 890 21' 34 ", East 427.71 feet along the North line of said Lot 2; Thence South 01° 01' 04" East 385.87 feet: Thence North 760 41' 50" West 306.60 feet; Thence South 890 16'22" West 129.54 feet to the East boundary of Williams Street; Thence North 01 ° 12'58" West 312.20 feet along said East boundary to the point of beginning and containing 3.31 acres, more or less. be and the same is hereby established as CBD Central Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common OOncil ./��w,,ve.y. f ,b ay pqt c0unco W on � za bra Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of o'clock . M. Mayor, City of South Bend, Indiana 1 st READING PUBLIC HEARING 3,d READING !dOT APPROVIO REFERRED. PASSED 1 2 , at _ zu15 I C,zrJ, EF2 PETITION TO REZONE City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Area south of Western Ave., east of William St., west of Lafayette Blvd. and north of Covelski stadium. 2) The property Tax Key Number(s) is /are: 18- 3014 -0515 & 18- 3014- 051501 3) Name and address of property owner(s) of the petition site: City of South Bend Department of Community Investment 227 W Jefferson Blvd., Ste. 1400S South Bend, IN 46601 (574) 235 -9371 drelos@southbendin.gov Name and address of additional property owners, if applicable: City of South Bend Parks Department 321 E Walter Street South Bend, IN 46614 (574) 299 -3482 pstclair@southbejidir.gov 4) Name and address of contingent purchaser(s), if applicable: Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District GB General Business District To: CBD Central Business District 6) This rezoning is requested to allow the following use(s): Those as allowed in Central Business District 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Jones Petrie Rafenski Mikel Currier 412 S Lafayette Blvd South Bend, IN 46601 (574) 232 -4388 mcurrier@jprisource.com of 311 pr9pery oVer(s), or signature of Attorney for all property owner(s): bite in %Eu:ris' pied Lila Apral- w. Cily ° WILLIAMS STREET 3 N N (66' R /W) 'o ° NOl'12'58 "W N01012'58 "W 250.64' s_ QQ71.95' I LI I cn o u > O ON1 (O� O W —{ T J I � _ m z W `7 N O U) IQ Vl� _ m m 1�I Iz r-- I ;I10 ! � C ,COI pp J I' N IN vmNjf I IT OD� U j „D� n: Z I s O m N Im � {`• I I � pi N iN i ' Wr 000 .ZZ- 3 00 00 41 W Ln 3 N Ul - 1 m m J NLn I ,ioO W iQ J 2SOil S1 0 tp J 00 W I N ;9 W 5 "E 0 S01'01'06 "E 158.32' 00 6 0 (n OD. 2 N (D 00 ooh W `s�o9 2 ?s, OD X R, \ , S W N Ui�W p .� 6JI P ()- 0-1st ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING COMPLIANCE WITH IC 36- 1 -12 -1 ET. SEQ, AND RENDERING FINAL APPROVAL OF A GUARANTEED ENERGY SAVINGS CONTRACT RELATING TO CENTURY CENTER, APPROPRIATING MONIES FROM CENTURY CENTER CAPITAL IMPROVEMENT FUND ( #671), ESTABLISHING A NEW FUND (NO. 672) TO BE KNOWN AS THE CENTURY CENTER ENERGY CONSERVATION DEBT SERVICE FUND, AND TAKING ALL OTHER ACTION IN CONNECTION THEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City ") is a political subdivision of the State of Indiana, and is authorized and empowered to adopt this Ordinance and to carry out its provisions. Pursuant to Ind. Code 36 -1 -12.5 the City received a proposal from Ameresco, Inc. (the "Qualified Provider ") to undertake certain energy conservation measures at the City's Century Center convention facility, including, but not limited to, (a) updated lighting, (b) replacement and/or renovation of the heat and air conditioning equipment, (c) replacement of the roof for the facility, (d) improved lighting and HVAC control systems, and (e) any projects related to any of the foregoing projects (clauses (a) through and including (e) collectively, the "Conservation Measure Projects "), which Conservation Measure Projects shall be undertaken by the Qualified Provider in accordance with the terms of an Energy Services Agreement by and between the City and the Qualified Provider (the "Qualified Provider Agreement "). On August 11, 2014 this Council approved the Qualified Provider Agreement which was Exhibit A to Resolution No. 4382 -14, subject to "such changes such as may be suggested by the City's Department of Law." The City's Department of Law suggested changes to the Qualified Provider Agreement and the final version of the Qualified Provider Agreement with those changes agreed to by the City Department of Law was approved by the Board of Public Works in Resolution No. 08 -2015 at a public meeting held February 24, 2015. The final Qualifed Provider Agreement is attached hereto as Exhibit 1, and the Board of Works Resolution approving it is attached hereto as Exhibit 2. The City's Department of Law believes Exhibit 1 hereto to be consistent with and in conformity with the legal requirements of IC 36 -1 -12.5. Since August 11, 2014, the Qualified Provider completed an energy audit and delivered its Project Proposal for guaranteed energy savings at Century Center including a "Savings Guarantee" with "Measurement and Verification Plan," all as prescribed by Council Resolution #4382 -14 which have been incorporated as Attachments C and G respectively into the Qualified Provider Agreement, Exhibit I hereto. The City also intends, to the extent permitted by law to enter into a separate, specficially designated Guaranteed Savings Contract in accordance with Indiana Code 36 -1 -12.5, as amended, by and between the City and the Qualified Provider, for the Conservation Measure Projects (the "GS" Contract.) In accordance with Indiana Code 36 -1- 12.5 -7, as amended, the City also intends to execute and deliver an Installment Payment Contract, Series 2015, which may bear tax - exempt or taxable interest rates based on negotiations with Banc of America Leasing & Capital, LLC or its affiliated entity (collectively, the "Lender "), and to the extent it bears taxable interest rates, will be issued as a direct pay qualified energy conservation bond under Sections 54A, 54D and 6431 of the Internal Revenue Code of 1986, as amended and in effect on the date of execution and delivery thereof (the "IP Contract ") in the aggregate principal amount not to exceed $4,250,000, the proceeds of which will be used to pay for a portion of the costs of (a) the installation of the Conservation Measure Projects, (b) the interest, if any, paid on the IP Contract as determined by the Board of Public Works (as defined herein) at the time of execution and delivery of the IP Contract, and (c) executing and delivering the IP Contract and the costs associated therewith (clauses (a) through and including (c), collectively, the "2015 GSC Expenditures "). In connection with the IP Contract, the City intends to enter into a direct purchase agreement with the Lender (the "Direct Purchase Agreement "), setting forth the commitment of the parties to enter into the IP Contract and the conditions and requirements in connection therewith. The City will deposit the proceeds of the IP Contract into one or more escrow accounts established under an escrow agreement (the "Escrow and Account Control Agreement "), by and among the City, the Qualified Provider, the Lender and Bank of America, N.A., as escrow agent (the "Escrow Agent "), and disbursed to pay a portion of the 2015 GSC Expenditures in the manner set forth in the Escrow and Account Agreement. The remaining portion of the cost of the 2015 GSC Expenditures shall be paid through an additional appropriation from the City's Fund No. 671- Century Center Capital Improvement Fund (the "Century Center Capital Improvement Fund ") in the amount of $242,000 and from a payment of $558,000 from the St. Joseph County Hotel -Motel Tax Board of Managers from funds held in the St. Joseph County Hotel -Motel Tax Fund as maintained by St. Joseph County, Indiana. The City also desires to establish a new fund of the City for the payment of amounts owing under the IP Contract to be designated Fund No. 672 - Century Center Energy Conservation Debt Service Fund (the "Century Center Energy Conservation Debt Service Fund "), and to establish an Installment Payment Account (the "IP Account ") and a Reserve Account (the "Reserve Account ") within such Century Center Energy Conservation Debt Service Fund, such Reserve Account to be funded by $50,000.00 from and out of the $242,000 appropriated from the Century Center Capital Improvement Fund, to be utilized as a reserve for the purposes set forth in Section 6 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 2 SECTION 1. Incorporation of Recitals. The recitals contained in this Ordinance are true and correct and are incorporated in this Ordinance by reference. SECTION 2. Findings / Public Benefits of Conservation Measure Projects. The Conservation Measure Projects will provide energy and operational savings to the City that will be of benefit to the general health and welfare of the citizens of the City. Furthermore, The Qualified Provider's written "Savings Guarantee" which is Attachment C to Exhibit 1 hereto assures that the conservation measures to be taken by the Qualified Provider will result in energy consumption savings and other reduced operating costs pursuant to IC 36 -1- 12.5 -5(a) (3) and (d)(3), and that the Qualified Provider will reimburse the city of South Bend for the difference between the guaranteed savings that are not stipulated savings and the actual savings achieved by the energy conservation measures. SECTION 3. Payment of IP Contract. A portion of the Conservation Measure Projects will be funded from the IP Contract, which will provide for semi - annual payments from money on deposit in the Century Center Energy Conservation Debt Service Fund. SECTION 4. Approval of Agreements. The Qualified Provider Agreement, GS Contract, IP Contract, Direct Purchase Agreement and Escrow and Account Control Agreement, each substantially in the form and substance submitted to this meeting, copies of which are on file with the City Clerk (the "Clerk "), be, and hereby are, approved. The Mayor of the City (the "Executive "), the Clerk, and the Controller of the City (the "Controller "), and each of them, and the members of the Board of Public Works of the City (the "Board of Public Works ") are hereby authorized and directed to execute and deliver such documents without further approval of the Common Council (the "Council ") in substantially the forms herein approved, with such additions, deletions and modifications thereto as may be approved by such officer of the City or member of the Board of Public Works, the execution thereof being conclusive evidence of such approval and the approval of the Council; and the Clerk, or other authorized representative of the City, is hereby authorized and directed to affix the seal of the City to any such document, as applicable, and to attest the same. Two copies of the Qualified Provider Agreement, GS Contract, IP Contract and Escrow and Account Control Agreement, hereby incorporated into this Ordinance, were duly filed in the Office of the Clerk and are available for public inspection in accordance with Indiana Code 36- 1 -5 -4. SECTION 5. Additional Appropriations. In order to provide a portion of the financing for the Conservation Measure Projects that will not be paid for from the proceeds of the IP Contract, the Council hereby makes an additional appropriation in the amount of Two Hundred Forty Two Thousand Dollars ( $242,000) from the Century Center Capital Improvement Fund (No. 671), from which the sum of Fifty Thousand Dollars ($50,000) shall be transferred in order to fund the Reserve Account as provided in Section 6 below. Said appropriations shall be in addition to all other appropriations provided in the existing budget and tax levy of the City. SECTION 6. Century Center Energy Conservation Debt Service Fund. The Council hereby establishes the Century Center Energy Conservation Debt Service Fund (No. 672) as a new Fund of the City, to be utilized for the payment of amounts due under the IP Contract. The Council hereby establishes within the Century Center Energy Conservation Debt Service Fund the IP Account and the Reserve Account. The City shall periodically set aside within the IP Account the amount of funds necessary to make the semi - annual payments due under the IP Contract. In addition, on the day of closing on the IP Contract, the City shall transfer the sum of Fifty Thousand Dollars ($50,000) from the Century Center Capital Improvement Fund (No. 671), pursuant to the appropriation referenced above, for deposit into the Century Center Energy Conservation Debt Service Fund (No. 672). All money in the Reserve Account shall be used and withdrawn by the City solely for the purpose of making deposits into the IP Account in the event of any deficiency at any time in such account, or for the purpose of paying the amounts owed under the IP Contract, The Council acknowledges that the IP Contract requires the payments thereunder to be payable, subject to annual appropriation, from money in the City's general fund (the "General Fund "); provided, however, that to the extent and for so long as the City makes the payments due under the IP Contract from the Century Center Energy Conservation Debt Service Fund, the City's obligations to make such payments from the General Fund shall be deemed to be satisfied pursuant to the terms of the IP Contract. SECTION 7. Other Action. The Executive, the Clerk, the Controller and all members of the Board of Public Works are hereby authorized and directed to execute and deliver, in the name and on behalf of the City, any and all additional documents and instruments necessary or proper and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Ordinance (including the recitals hereto and the documents mentioned herein). SECTION 8. Action Approved and Confirmed. All acts of the officers of the City and members of the Board of Public Works which are in conformity with the purpose and intent of this Ordinance and in the furtherance of the execution, delivery and performance of the documents and agreements authorized hereby are in all respects ratified, approved and confirmed. SECTION 9. Severabilitv. If any provision of this Ordinance shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provision or cause any other provision to be invalid, inoperative or unenforceable to any extent whatsoever. SECTION 10. No Conflict. Any ordinances, resolutions or orders or parts thereof in conflict with this Ordinance are to the extent of such conflict hereby repealed. SECTION 11. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval by the Mayor, and compliance with Indiana law. Attest: COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: ��f i 4- Member of the Commo ouncil so" of ms Nil is o7l b Pmtde an ," F ',,,"�',�.�.w'fval; NW City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock . M. Deputy City Clerk Approved and signed by me on the day of o'clock m. SBDS02 PFACCENDA 4577390 1st READING 3 -2,3 —I f PUBLIC HEARING 3 rd READING NOT APPROVID REFERRID PASSED Mayor, City of South Bend, Indiana E 2015, at Filed In Office 10 Lu15 JOkar „ :a CITY CLERK, SoLn h BEND, IN 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETB BU71IGIEG, MAYOR DEPARTMENT OF LAW March 18, 2015 Mr. Tim Scott President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 PxONF: 574/235 -9241 FAX 574/235 -7670 TTY 574/235 -5567 ALADEAN M. DEROSE CITY A1•roRNEY Filed In Clark's Office HAR 18 2015 CITY CLERK, SOU N BEND, IN Re: Ordinance Approving Guaranteed Energy Conservation Contract and Related Financing Dear President Scott: You and the other South Bend Common Council members may recall that on August 11, 2014 the Council passed Resolution No. 4382 -14 approving a Guaranteed Energy Savings Project Development Agreement with Ameresco Inc. pursuant to provisions of Ind. Code Section 36 -1- 12.5. That Agreement required an energy audit and a proposal for detailed scope of work for installation of energy savings improvements at Century Center. Ameresco has performed the energy audit and incorporated all of its recommendations into a Guaranteed Energy Savings Contract. Attached for filing with the Council at this time is a Bill which is an ordinance for approval of the final version of the Guaranteed Energy Savings Contract as contemplated by the Council's approval in Resolution No. 4382 -14 which the City's Department of Law has determined to be appropriate and consistent with the requirements of Ind. Code Section 36 -1 -12.5. The contract itself is attached to the Ordinance as Exhibit 1. That contract (Exhibit 1) was also approved by the Board of Public Works at a public meeting held February 24, 2015 as Resolution No. 08 -2015, a copy of which is attached to the proposed Council ordinance as Exhibit 2. As you are aware from prior discussions, this Guaranteed Energy Savings Contract (referred to in the attached ordinance as the "Qualified Provider Agreement ") will enable Century Center to make extensive repairs and replacements resulting in energy savings, hence reduced operating costs. Certain cost savings are guaranteed by Ameresco as provided in Section 6 and Attachments C and D to the Qualified Provider Agreement per IC 36 -1- 12.5 -5 (a)(3) and (d)(3), while some are "stipulated ", meaning that they will incidentally reduce energy consumption costs which permits this project to qualify for qualified energy conservation bonds at an attractive rate for the City. ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY TASHA REED OUTLAW MICHAEL J. SCHMIDT PAUL E. SINGLETON STEPHANIE STEELE The attached ordinance both approves the contract (Exhibit 1 of Ordinance) and approves the financing terms for the improvements to Century Center. The total cost of the improvements is $4,855,897.00. These will be financed through an Installment Payment contract, Series 2015 with Bane of America Leasing & Capital or affiliated entity, which may bear taxable or tax- exempt interest rates. To the extent the interest rate is taxable, it will be issued as a direct pay qualified energy conservation bond as provided in certain Sections of the Internal Revenue Code, in a sum not to exceed $4,250,000.00. A portion of the cost of improvements, i.e., the sum of $558,000.00, will be paid from Century Center's allocations from the St. Joseph County Hotel -Motel Tax Fund for 2014 and 2015. The Hotel Motel Tax Board has also made a commitment to service the bond debt beginning in 2018, and its formal action to undertake this debt service will take place at a meeting on March 25, 2015. The attached ordinance appropriates an additional $242,000.00 toward the costs of the energy conservation improvements from the Century Center Capital Improvement Fund No. 671. A separate debt service fund is required for this transaction, which will be known as the Century Center Energy Conservation Debt Service Fund (No. 672), and the sum of $50,000.00 from the ordinance appropriation of $242,000 will be transferred to that new Fund for debt service purposes. Century Center is enthusiastic about this transaction which will significantly improve the facility and enhance its market competitiveness, while saving substantial energy costs. Presenting this ordinance at the Council's second reading and public hearing and at its appropriate Committee meeting will be City Controller John Murphy; the City's Director of Sustainability Therese Doran; Public Works Director Eric Horvath or his designee; Century Center Board President Greg Downes; a representative from Ameresco, and a member of the City Department of Law, most likely myself. Also available to respond to technical questions about the project financing will be a member of the law firm of Barnes & Thornburg. We hope the Common Council will share the enthusiasm of Century Center for this project as it considers the attached ordinance. 7 Sin 1y, adean M. DeRose City Attorney and Legal Counsel to Century Center Board of Managers RESOLUTION NO. 08-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA RATIFYING, CONFIRMING AND APPROVING THE ENERGY SAVINGS AGREEMENT WITH AMERESCO, INC. WHEREAS, the City of South Bend Board of Public Works ( "Board ") is the contracting body for the City of South Bend, Indiana ("City ") and the Board has the authority to design, construct and execute the construction of certain public improvements pursuant to Indiana Code §36- 9 -6;and WHEREAS, in compliance with the requirements of Indiana law including, but not limited to IC 36 -1 -12.5, and upon the powers granted to it by the City of South Bend Common Council ("Common Council ") acting through Resolution No. 4382 -14, attached as Exhibit 1 and incorporated herein, the Board negotiated an Energy Savings Agreement ( "Agreement') with Ameresco, Inc. attached as Exhibit 2 and incorporated herein; and WHEREAS, the Board is now asked to ratify the Agreement pursuant to funding being approved at a later date by the Common Council so that the required documents for the public bond may be finalized; and WHEREAS, tinge is of the essence in this matter. NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public Works as follows: The Energy Savings Agreement as negotiated with Ameresco, Inc. is hereby ratified for the explicit purpose of securing financing by way of a public bond. 2. This Resolution shall be in full force and effect after its adoption by the City of South Bend Board of Public Works. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on February 24, 2015, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. BOARD OF PUBLIC A. Gil -ot, President In Clerk's MAR 2015 JOHN CITY CLERK, 199vid P. Relos, Member Henthorn, Member IN Brian J. Pawlowski, Member Attest: Lee A, Hene, Acting Clerk Li AMERESCO4 ENERGY SERVICES AGREEMENT BY AND BETWEEN CITY OF SOUTH BEND, INDIANA acting by and through its BOARD OF PUBLIC WORKS AND AMERESCO, INC. Confidential & Proprietary Intomtation of Ameresco, Inc. EXHIBIT D / Filed Fn erK�s Office logs: CITY CLERK, SoU7Ft _r +END, IN Page I TABLE OF CONTENTS SECTIONS 1 Scope of Services 2 Ownership of I3CNI(s) 3 1?imtncing and Abilin, to Pal• 4 Contract Cost; Progress Patnlents 5 Term 6 Sivings Guarantee 7 Right of Entry /Space 8 Changes in Sen•ices 9 \\'armotics 10 Customer Responsibilities 11 Defaults by Customer and Ameresco 12 Remedies for Default 13 Dispute Resolution 14 Insurance and Bonds 15 Indemnification and Limitation of Liability 1G Agreement Interpretation and Performance 17 Privileged and Proprietary Infomnation Is Seserabilin 19 \ssibmtnent and Subconuncting 20 Waiver 21 Force Majeure 22 Contract Documents 23 Notices 24 Records 25 Representations mud \\'arrautics 26 Independent Contractor 27 Additional Representation and \C'at-ranties of Customer 28 Negligent/\\'rongful Acts 29 Further Documents Ind Events 30 "Third Party Beneficiaries 31 Notifications of Governmental : \ction - Occupational Safer• and I- Icllth 32 References ATTACHMENTS A'FI'ACA \Il{Nl':\ PRO]>ER'1'S'I7F,SCRIP770N AITACI INIEN1' B SI:C)Pli OF SI: w1a-S \'1 "1'ACIMIEN'T C S:\\'INGS GUAMANTEE A7TACIINIEN'T 1)(1) DELIVII TY ANll .\CC1iP'1': \NCL: CHRTII'ICA'I'E XI'I'ACIiMEN'fD(2) ]' liRCI: N' 1' CO\ B> L.P:7T.\CIiNO \ \7_L•DGL' \I]?N'1' CERTIFICATE ATFACH\II3NT D(3) SUBSTANTIAL CO\A>LE'I70N CERTTII -ICATE ATFACIINIEN'T E NOTICE TO PROChED A TACHMEN "1' F CHANGE ORDER AT I'ACI MENT G 1, EASUREMENT AND VERIPICAT'ION PLAN; 1\11.71 HODOL,OGY Ol' CALCULATING SAVINGS A'- rfACII ' NTH 'IRAINING AT 'ACI IMLNl' I MEASURI *SNIENl AND VERIFICATION I-l-E SCHEDULE A "1- I'ACHI\IENI' J STANDARDS OF SERVICE AND COMI'ORT 1 "1'1'ACI3NIEN "1' K CM' OF SOUTI I BEND CL:RTIPICATIONS ENERGY SERVICES AGREEMENT BY AND BETWEEN CITY OF SOUTH BEND, INDIANA AND AMERESCO, INC. THIS ENERGY SERVICES AGREEMENT (the "Agreement ") is entered into on (Day and Tlonth) \larch , 2015, by and betvecn the City of South Bend, Indiana, acting by and through its Board of Public Works hating its principal place of business located at 227 West j effeison Blvd, Suite 1400 N, South Bend, Indiana 46601 (hereinafter referred to as "Customer ") and Ameresco, Inc., having its principal place of business at 111 Speen Street, Suite 410, Framingham, MA 01701 (hereinafter referred to as "Ameresco "). The parties to this Agreement shall be collectively referred to as the "Parties" and individually as a "Party." WHEREAS, Customer Issued a Request for Proposals submitted on March 14, 2014 (the "RPP) seeking proposals from ggaliticd energy service companies to provide performance -based services for the desinn and execution of an energy consumption reduction plan including acceptance of payment for such services via guaranteed cost savings accrued as n result of plan implementation; WHEREAS, Ameresco has prepared and issued a Proposal to Customer, in response to the RIP; WHEREAS, Customer wishes Ameresco to perform a project ("Project') consisting of certain energy conservation services and insmIlations as set forth on Attachment B (as :upended and /or otheryise modified from time to time as provided herein, the "Scope of Serticei') at Cusmmer's facilities described in.Attachment A (the "Property'), and Ameresco wishes to perform such services; and WHEREAS, Customer owns and controls the Propert. NOW, THEREFORE, in consideration of the covenants, representations, wamurtics, and mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknoo ]edged, the Parties hereby agree as follow: SECTION 1 SCOPE OF SERVICES (s) )X' : Upon Aureresco's receipt of a "Notice To Proceed," substantially in the form attached to this Agreement as .ltrachment F., .lmeresco shall furnish all labor, materials and equipment and perform all work (the "Work ") required for the completion of the Scope of Services, including installation of the eneq;,n conservation and facility improvement measures ( "ECAYI(s) ") included in the Scope of Service,, as such Scope of Services may be modified in accordance yrith the terms of this Agreement. Customer and Areresco shall mutually plan the scheduling of the installation of the 17CM(s), so as to minimize disruption of the daily routine of Customer's personnel. (b) Disposal: As part of the Scope of Services Ameresco shall (i) be responsible for the disposal of all hazardous and non - hazardous equipment and materials which are tendered useless and removed as a result of the installation of the LCI\Is and (ii) cause all lamps which are classified as hazardous wastes by the rules and re lations of the U.S. Lnvironmental Protection Agency (40 CPR Parts 260 through 279) and PCB - contaminated ballasts, if any, which have been rendered useless and removed as a result of the installation of the I CMs to be disposed of All other existing P03- contaminated ballnsrs, lamps area any other hazardous materials, however, shall remain the sole responsibility of Customer and Amcresco shall assure no liability whatsoever in connection with their removal, transportation and disposal. (c) Asbestos and _end Paint: (i) Asbestos: Amcresco's Scope of Services is predicated on the viability of the Project without Annrreseo encountering or disturbing asbestos or being required to perform nay asbestos abatement or taking any other action with respect to asbestos. Customer hereby represents and warrants to Amcresco that, to the best of its knowledge; there is no asbestos or other hazardous material in any area wherein Ameresco shall be performing the Scope of Services. If- (a) Ameresco encounters any friable asbestos which is in the vicinity of the Project that is not identified in the Scope of Services, (b) Ameresco determines that its work will result in the disturbance of asbestos containing material, or (c) Ameresco determines that the presence of asbestos containing material mac impede Ameresco's work, Amcresco shall notify Customer of the same and Customer shall: (s) it its cost, cause the asbestos to be lawfolh removed, enclosed, encapsulated or otherwise abated in accordance wirh applicable laws, rules and regulations; (i) at its cost, provide written test reports showing that asbestos in that area has been properly removed, enclosed encapsulated or otltmvise abated in accordance with applicable laws rules and regulations; or (z) abandon the Project and terminate this :agreement. If Annereseo cannot reasonably determine whether nn). Particular material contains asbestos, Customer, upon Amcreseo's written request, shall either: (1) at Customer's cost, lawfully perform tests or cause tests to be performed in order to determine whether such material contains asbestos and /or whether there are unacceptable levels of airborne particulate• material containing asbestos and provide such test report to Anneresco; or (b) abandon the Project and terminate this Agreement. Under no circumstances shall Ameresco be required to handle asbestos. If Ameresco encounters asbestos flint nnterialh' affects the Scope of Services or the Project schedule, Ameresco. at its option, nay demobilize and cease construction it) the area affected by the presence of asbestos until such 6111C as Customer elects and performs one of the options afforded Customer as described in this Subsection. If Customer does not promptly take action, as provided herein, or notifies Anicresco that it shall not take such action, Ameresco may, it its option, either remove the affected area from its Scope of Semiees (and make commensurate adjustments to its rights and obligations) or terminate this Agreement in its entirely Customer shall be responsible for panment of the portion of Scope of Services innplcmented prior to termination. Customer shill be responsible for any and Al costs (including termination) incurred by Ameresco that relate to the presence of asbestos. (ii) Lead Paine ,lmcresco's Scope of Services is predicated upon Ameresco not encountering or disturbing lead paint or being required to perforn abatement or providing any notice or taking nny other action with respect to lead paint. Customer hereby represents that, to the best of its knowledge, there is no csposed lead paint in any area in which ,-lmeresco shall be performing the Scope of Services. If anncresco encounters lead paint in any area where it is to perform the Scope of services, which services shall require disturbing lead paint, and Ameresco reasonably believes that such paint nnay be lead paint, Customer, upon Amereseo's written request, shall either (a) at CnstOnCf 3 cost, lawful])- perform tests or cause tests to be performed in order to determine whether such paint contains lead and shall provide a test report to Ameresco; or (b) abandon the Project and terminate this Agreement. If such test report demonstrates the presence of lead paint or Ameresco reasonably belicecs that performing its services under this Agreement is likely to cause the disturbance of lead paint in such a manner as to require Ameresco to provide any notification or take any actions pursuant to mty federal, state or local lams, niles, or regtlations and Ameresco notifies Customer of the same, Customer shall: (x) at its cost, cause the lead paint to be lawfully removed, or otherwise abated in accordance «ith applicable lams, rules and regulations; or (y) abandon the Project and terminate this Agreement. Under no ciraunstances, shall Atneresco he required to perform services, which cause the disturbance of lead paint. If lead paint materially affects the Project Schedule, Ameresco. at its sole option, may demobilize and cease construction in the area affected by the presence of lead paint until such time as Custoner has elected and performs one of the options afforded Customer as described in this Subsection. If Customer does not promptly take action as provided herein or notifies Anicresco that it shall not take such action, Ameresco may, at its sole option, either remove the. affected area from its Scope of Services (and make commensurate adjustments to the rights and obligations of the parties) or agree with Customer to terminate this Agreement in its entirety, which agreement shall not be unreasofablr withheld and Customer shall be responsible for payment of the portion of Scope of Services implemented prior to such termination. Customer shall be responsible for any and all costs (including termination) incurred by Ameresco that relate to the presence of lead paint. (d) Compliance !A% LM: amucseo shall, at its expense, comply wyith and obtain all applicable licenses and permits required by Feder,, state and local laws in connection with (i) the installation of the 1-CNIs and (ii) the operation and /or maintenance of the l--:Clwls (to the extent that Ameresco agrees to perform such operations and /or maintenance scn-ices). In the event that Annemsco cannot procure ant such license or permir in light of a requirement that Customer is required to do so, the Parries shall work jointly to obtain such permit or license. (c) Taffies: Customer represents that it is a tax exempt entity and that it shall cooperate with Ameresco and provide Anicresco with appropriate resale exemption documentation so that Ameresco nay attempt to establish that it is not obligated to pav taxes, fees and assessments or other charges of am• character wwhich may be imposed or incurred by any- governmental or public authorir- as an incident to title to, or operation of the ECM(s) which would othem-isc be levied upon or in respect to said interest component or of the HC1w'I(s). Customer shall have no liability for taxes measured by the net income of Ameresco. (f) Monitoring. Alcasurcmhcnt and Verification: To the extent provided for in Attachment G, Anxrescn Will supply such ongoing monitoring, nu•asurcmcnt and verification serw•ices (the "M &V Services ") described in Attachment G during the Term at a cost to Customer as sct forth in Section 4 and Attachment 1. (g) Duties Oblitrations and Responsibilities of Anicresco: (i) All labor furnished under this Agreement shall be competent to perform the tasks undertaken, all materials and equipment provided shall be new and of appropriate quality and the completed work shall comply in all material respects with the requirements of this Agreement. (ii) Ameresco shall maintain the Project site in a reasonably clean condition during the performance of the construction work. (in) Anicresco shall regularly clean the Project site of all debris, trash and excess material or equipment generated by Amcresco's construction work heretuxlet (iv) Ameresco shall permit Customer or any of its representatives to enter upon the Project site to review or inspect constriction work, provided, in each case, the Customer and /or its representatives make reasonable efforts to coordinate such review or inspection with Ameresco nod agree to comply with all applicable federal, state and local safety laws, ndes and regulations, including, without hnritatlon, those prorutlgated by the U.S. Department of labor Occupational Safet R Health Administration. (v) Ameresco shall provide equipment titanuals, as -built dranings and other appropriate . information regarding equipment installed hereunder to Customer at or about the time of Substantial Completion (as such tens is defined in Section 4). (vi) Ameresco shall provide the training described in Attachment IL Such training is included in the Contract Cost unless included as a separate cost in Attachment 1. SECTION 2 Ownership of ECM(s) Ownership and title to each ]:CAI or portion thereof, as applicable, shall automatically pass to Customer upon Amcresco's receipt of both (i) the executed Substantial Completion Certificate (AttaehmL'mt D(.3i), or each Percent Complete Acknowledgement Certificate (attachment D421), (including Customer payment certification) delivered pursuant to Section 4 for such T3CAI or portion thereof, acid (ii) the indefeasible payment in full of all of Customer's paymxmt obligations to Ameresco pursuant to such Substantial Completion Certificate or Percent Complete Acknowledgement Certificate for such installed 1CAI or portion thereof. Prior to satisfaction of the conditions set forth in (i) and (ii) in the precious sentence with respect to an I?CAI or portion thereof, title to each L'•CAI or portion thereof shall remain in the name of Amieresco. If, notwithstanding the intent of the Parties, Customer is deemed to hold title to any or all of the fi.CAls or portion thereof prior to the satisfaction of the conditions set forth in (i) and (ii) above, as security for the payment in full of the Customer's obligations with respect to rich such IiC,JNI or portion thereof, Customer licreby assimis transfers and grants to Ameresco a security interest in such IiCAIs. SEC'T'ION 3 Financing and Ability to Pa} 13y its execution of this agreement, Customer hereby represent, and warrants to Ameresco that Customer has raker all accessary steps to secure adequate finds for payment of the Contract Cost. SECTION 4 Contract Cosg Monthly Progress Payments (a) Subject to the terms of this Agreement, Amtcresco shall perform the Scope of Services at a contract cost of I-OUR MILLION, EIGHT HUNDRED FIPPY FIVL TIiOUSAND LIGHT IIL'NDRIiD NiNFI-Y SFYIIN and 00/100 Dollars ($4,855,897)1 (subject to adjustment as provided in Section 8, the "Contract Cost). (b) Upon execution of this ;lgrecment and deliver- by Customer to Ameresco of the Notice to Proceed, substantialh in the form attached to this Agreement as Attachment E, Customer still] pay Ameresco ten percent (10"'0) of the Contract Cost for mobilization. 'Ilereafter, Ameresco shall submit invoices to Customer for monthly progress payments to Ameresco based upon the percentage of the Project constnvetion and equipment lirocuretncnt completed at the end of each mouth, so that Aneresco is paid the percentage of die Contract Cost that is commensurate with the percentage of completion of the Scope of Services. A 13ercent Complete Acknowledgement Certificate in the form attached hereto as Attachment D (2) will be executed by Customer during each month of the construction period showing the percent complete and monthly payment due. Customer shall make paynment to Ameresco, within thirty -five (35) days after the submission of each such invoice, for non - disputed charges. Customer shall not unreasonably withhold, condition or delay the execution and delivery of am Percent Complete Acknowledgement Certificate after Customer receives authorvation to execute the same from Customer's Board of Public V arks. (C) Upon Substantial Completion of the installation of an F.Chf, Ameresco will deliver to Customer a Substantial Completion Certificate in the form of JVrachment D (3). Within fifteen (15) calendar days after receipt of each Substantial Completion Certificate, Customer shall complete, execute and deliver to Amereseo each such Substantial Completion Certificate. As used in this Agreement the tout "Substandal Completion" shall nmean that each subject IiCM has been installed by Anmcreseo, and, if such ECM is equipment, such equipment is then operating in a manner such that Customer is deriving beneficial use thereof: A Delivery and Acceptance Certificate, in the form of Attachment D(1), shall be executed by Customer upon Substantial Completion of the installation of the final I ?CM. Customer shall not unreasonably withhold, condition or delay the execution and deliycny of any Substantial Completion Certificate or the Deliveq- and Acceptance Certificate. (d) Within thirty -fire (35) days following the first day of each Guarantee Year. as such term is defined in Section 6, Customer shall pay Amcreseo the additional amounts set forth oil Attachment 1, Measurement and Verification Pee Schedule, as an annual fee for measurement and verification services. (c) All pa1'mamts made by Customer under this Agreement .shall be made in accordance xvith the provisions of the Indiana Prompt Payment Act, IC 5 -17 -5 et seq. SECTION 5 Term This tern of this . \greemcnt (the "Term"), shall begin on the date first above u-ritten and shall remain in effect through the " Guarantee Period' as such term is defined in Attachment C unless terminated prior to such date, as provided for in Section 6, L, 1-f or attachment C of this Agreement. At any tinmee after the date of the De•liven• and acceptance Certificate, Customer ntaw tenninate this Agreetent upon sixty (611) days prior Nvn.tren notice to Amereseo, provided that Customer has paid to Aneresco all amounts title as set forth in Section { (including, Nyirhout limitation, pro -tnta portions thereof accrued under Sections, 4(b), c( 11 and. \rrachmcnt 1 and pursuant to any Change Order.) Termination of this Agreement shall also terminate the Guarantee Period. Anything in this agreement to the contrary nottvithstauding, Customer shall not be relieved of its obligation to pay ; \nmc esco when due all aomouur.+ which accrued prior to such termination. SECTION 6 Savings Guarantee To the extent set forth in Attachment C, and solely ill accordance with Attachment (:, Amereseo guarantees that the "Annual Savings" (as defined below) to be achieved as a result of installation and operation of the 1:CAIs ,hall equal or exceed the Guaranteed Savings (as defined in attachment C) over the "Guarantee Period' (as defined in Attachment (:). "llte first "Guarantee Year "shall be the consecutive twelve (12) month period beginning With the first day of the month following the date of Substantial Completion of the ECliS. . For purposes of this Savings Guarantee, the following assumptions and provisions shall apply: (a) Ameresco guarantees that the Guaranteed Savings will be achieved by operation and beneficial use of all ECh1s taken in the aggregate, but does not buarantee the savings amount achieved by each ICM individually. (b) The total savings achieved by the combined EClfs, determined as provider{ in the M&V Plan, including any "Agreed Upon Savings" as such term is defined in the M &V plan, shrill be deemed the total "Anna/ Savings ". Agreed Upon Savings amounts shall be deemed achieved upon Substantial Completion of the ECIIS. Calculation of the Annual Savings, inclusive of Agreed Upon Savings, shall be performed under, and governed bv, the methods, formulas, and procedures described in the Aleasurement and Verification Plan set forth in Attachment G (the "M &V Plan "). (c) As it relates to the Annual Savings and this Savings Guarantee, the term "Guarantee 3'ear" shall mean the consecutive twelve (12) month period beginning with the first dap of the month following the date of Substantial Completion of the I ?Cl1s, and each similar twelve (12) month period thereafter. (d) Aneresco's obligations in respect of this Savings Guarantee are subject to Customer performing all of its maintenance, repair, service and other obligations under this Agreement, including, without limitation, maintenance of the Standards of Service. and Comfort set forth in Attachment 1, if any, which mac affect achievement of the Guaranteed Sayings. If Customer fails to perform its obligations under this Agreement or interferes with, or permits any third party to take any action which; in the reasonable opinion of Ameresco, may prevent the achievement of the Guaranteed Sayings under this Agreement, Ameresco may, after providing Customer thirty (30) clays advance notice, adjust the annual Sayings amount during the period in which such sayings were affected to reflect the. impact such actions had on ,ante. Ameresco's rights set forth herein-shall not be in limitation of any other rights it is entitled to by law or under this Agreement. Any disputes regarding aehievemcnt of Guaranteed Sayings or any M&V Report delivered pursuant to Attachment G shall be resolved in accordance with the dispute resolution provisions of Section 13. SECTION 7 Right of Entry /Space Durius� the'1'erm of this agreement. Customer shall provide Ameresco and its employees, agents and subcontractors reasonable access to the Property for sole the purpose of fulfilling Amcrescos obligations under this Agreement. Customer shall provide rent free space for the installation and operation of the ECM(s) and shall use its best efforts to protect such items and equipment in the sane careful manner that Customer protects the Property SECTION S Changes in Services (a) The Scope of Sen-ices may be changed only by agreement of the Parties evidenced by c.Neeution of a "Change Order" substantially in the form attached to this Agreement a, Attachment ', including the quantity, quality, dimensions, h'pe or other characteristics of the 1`0\fs. During the Term hereof, either Customer or Ameresco may st ygest that other enerp' efficiency measures and facilities be added to the Scope of Services, in which ease the parties Shall endeavor to agree upon any mew EMS to he installed and may either amend this Agreement or enter into a new agreement for the installation, financing and commissioning of any such new 1 C1\ls. Nothing in this par>grtph shall obligate either pare to proceed with installation of any ECM., which are not put of the original Scope of Services or evidenced by execution of a Change Order. (b) Should Ameresco encounter Subsurface or hitelit physical conditions at the Site which duffel' materially from those indicated in the project documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, Ameresco shall give written notice to the Customer before ash}' such condition is disturbed or further disturbed. 'llhe Customer will promptly investigate and, if it is determined that the conditions materially differ from those which Ameresco should reasonably have been expected to discover or anticipate, the Customer shall either (a) approve Such chaugcs in the Scope of Seizrices as arc necessarv, \cirh a corresponding adjustment in the Annual Guaranteed Savings Amount: or (b) abandon the Project and terminate this .Agreement, prodded that Costnner has paid to Ameresco Al au aunts title as set forth in Section =1 (including, without limitation, pro -rota portions thereof accnied under Sections 4(b), fd) and Attachment I and pursuant to any Change Order.) I f Such differing conditions cause an increase or decrease in ,Auuresco's cost or time of performance, and the parties agree upon a change in the Scope of Services, the parties shall negotiate ap equitable adjustment to Amcresco's cost and /or time for performance, as the case may be and a Change Order, Subject to approval by Customer's Board of Public Works, shall be issued and executed by the Customer to reflect such adltlStnent(s). (C) if at any time prior to Substantial Completion of an FCNI, Ameresco determines that an F'ChI is not conunercialh viable, Anheresco mav, at its option, remove Such BC \I from the Scope of Services and from the Property. In such event, ,Ameresco shall refund to Customer the portion of the Contract Cost attributable to Such ECM and the ,Annual Guaranteed Savings Amount will be reduced by an amount equal to the portion of the Annual Guaranteed Savings :Amount attributable to Such EC;\I. (d) If Anuresco and the Customer agree to am adjustment of the Contract Cost and the contract Schedule established for the Scope of Services, Such an agreement shall be effective immediately upon execution of a Change Order. SECTION 9 Warranties Anicresco herebw agrees as follows: (a) Auhcreseo warrants that the Work and all materials and equipment to be installed in the Project Shill he free from defects, in materials and workmanship arising from momal usage on an ECAI by F.CNI basis for a period of one (1) }ear from the (late of Substantial Completion of such I?CBI. .Amy manufacturers' warranties which exceed this one (1) year period Shall be assigned to Customer to the extent allowed by the manufacturer. This section does not apply in Inv wu to the Savings Guarantee. (b) FXCICPT AS PROVIDED IN THIS STC -11ON 9, AI\B -,Rl SCO 1\I.AKfiS NO WARRANTllSS OR IW)R1iSE.N'1 A'I'IONS OF ANY KIND, W141" HF.It STATUPORY, MUTFEN, OILAI, OR INWLIED, INCLUDING WITI POUT LIAIIT.ATION, AC ARR:ANTIHS AS TO THE A'ALU ', DISIGN,:AND CONDi17ON OR FITNESS FOR USI: OR PARTICULAR PURPOSE AND AIE1tCHAN1'ABILITY, REGARDING THE 10 WORK, THE ECM(,) OR THE EQUIPMENT'. SECTION 10 Customer's Responsibilities (a) Operations: Customer shall operate all equipment installed hereunder in accordance with the manufacturer's recommendations and the manuals supplied to Customer by Ameresco. (b) Standards of Service and Comfort: Customer shall operate the ECA -1s and the Property in a manner that shall Provide the Standards of Service and Comfort provided for in Attachment I. (c) Maintenance: Customer shall, at its expense, repair, operate and maintain the Property in good working condition during the Term of this Agrceincut. Customer shall maintain, repair and operated, at Customer's expense: (i) all equipment and other components included as part of the ECMs, and (ii) all other equipment which is attached thereto and /or is integral to the proper functioning of the FC1\1s. (d) Malfunctions: Customer shall notify Ameresco immediately in the event of any malfunction in the operation of the 13CI I(s) or the equipment installed hereunder. To the extent the malfunction occurs during the warranty period set forth in Section 9, within ten (10) business daws after notification, Ameresco shall use its best efforts to provide Customer with an action plan to assist Customer in correcting the malfunction. To the extent the malfunction occurs outside the warranty period set forth in Section 9, but during a Guarantee Year for .which Ameresco is providing ;\ &V Services, Ameresco shall use reasonable efforts to respond to Customer's request for a consultation within five business (5) days following notification. Any costs to correct or remediate a malfunction that occurs outside the warranty period shall be borne by Customer. (c•) Protection of E( h1s: L••xcept in the case of emergency, Customer shall not remove, move, alter, turn tiff or otherwise significantly alter the operation of the equipment installed hereunder or the operation of the ECMs, or any individual part thereof, without the prior approval of Ameresco, which approval shall not be unreasonably withheld. After receiving Anteresco's written approval, Customer shall proceed as instructed Customer shall act rcasombh to protect the 7 ?G is from damage or loss, iF due to an emergency; it is not reasonable to notify Ameresco before acting. Customer agrees to protect and preserve the facility envelope and the operating condition of all F. mechanical systems, and other e•.nergy consuming systems located on the Property'. (f) Monitoring System: Customer shall not move, modify or otherwise alter the energy management system /building automation system (HMS /I3AS), temporary data loggers, ()rally other data collection or measurement and verification scstent (collectively, the "Monitoring system') installed as part of tile ECM(s) or ant component thereof without the written einsent of Ameresco unless such action is in accordance With operating manuals and procedures provided by Ameresco. (g) Adittsmtent to Baseline: If, it) the reasonable opinion of Ameresco, Customer does not reasonably operate, maintain, repair or otherwise protect the 1CMs and /or maintain the Property' in good repair and good working condition, then Ameresco may equitably adjust the baseline, as referenced in Attachment G, for any increased energy usages at the Property. (h) ChanT *cs *es to Property or Addition of Equipment: Customer shall notify Ameresco in writing at least thirty (30) lots prior to staking any changes to the Property' that could reasonably be expected to affect the encim usage oil the Property, such as changes in the hours or daps or time of year that Tile Property, is occupied or operated, the number of occupants, the activity conducted, the equipment, the facilities, the size of the Property etc. Customer shall also notify Anteresco regarding material increases over time in numbers and usage of "plug in" devices such as computers and printers. If Ameresco receives such notification or otherwise detetntitm that such a change has occurred, it may make appropriate revisions to the Attachments to reflect any adjustment to the baseline or the Annual Guaranteed Savings Amount. Ameresco may also make retroactive adjustments to the baseline or calculation of Annual Savings if Customer has not provided timely notice and any payvtcnts shall be retroactively reconciled to reflect the changed baseline. Am• disputes regarding adjustments to the baseline or calculation of the Annual Savings amount shall be resolved in accordance with the dispute resolution provisions of Section 13. U4� Data: Customer shall make available. to Ameresco, on an ongoing basis for the Term of this Agreement, copies of all energy bills, encr,,y usage data, and any and all other such data maintained by Cu tomcr, including remote access to the Nlonitoring Scstcm for the sole purpose of collecting such data, as Wray be requested by Ameresco, which are required for it to perform all of its obligaticnts under this Agreement. (j) Insurance and Risk of Loss or Damage: C ?you Substantial Completion of an 13Chi, Customer assumes all risk of loss of or damage to such RCni front amp cause whatsoever. in the event of loss or damage to any equipment installed hereunder, Customer shall promptly notify Ameresco and promptly return the same to good repair with the proceeds of ally insurance received applied to the cost of such repair or demand that Ameresco pe•rfonn such repair, ill which case Ameresco shall promptly do so for such compensation to which the parties agree. If Customer determines that any of the ECA1(s) arc lost, stolen, confiscated, destroyed or damaged beyond repair, Customer shall replace the sane xvith like equipment in good repair in a timely fashion under the ciretuustances. If at any time after the date of the Deliven. and Acceptance Certificate and after Customer's complete payment to Ameresco in accordance with Section {(al, as such amount Wray be modified from tiute to time in accordance Nvith this greenteut, any tut, flood, other casualty, or condemnation renders a majority of the PropeM. incapable of being Occupied and renders the HC NIs or the equipment installed hereunder inoperable and, in the case of a cesmIr'v, the affected portion of such LCMs or equipment is not reconstructed or restored within one hundred twenty (120) days trout the date of such casualh', Ameresco and /or (honer may terminate this Agreement by delivery of a written notice to the other Party. Upon such termination, O\\l)cr shall pay .lnteresco any amounts, or pro -rata portions thercof. under Sections -1(h), j� „(ec and Le), Attachment 1 and any Change Order, tyhieh accrue prior to such iermtination. Ameresco may also snake appropriate• ad 11 to the baseline or the Annual Guaranteed Sayings Amount, with the prior written consent of Customer to reflect the impact of such cistialry or condemnation, including corresponding revisions to the Attachments. (k) Tclephom• and Internet Customer shall install and maintain telephone line% and pay all associated costs for rile P.ChI(s) telephone lives or applicable energy management system crnnnuutication sysec•nts. Anteresat mac use Customer's LAN for the purposes of any energy management system that Wray be included in the Scope of Work. (1) Protection. Customer shall ar all times act rensonabk to protect the 13CTt(s) front loss or damage to the saute extent and in the same manner in which it protects the Propern. W, (con) Alteration: Except in cases of emergency, Customer shall not move, alter or change the ECn1(s) in any way that may causes reduction in the level of cffiraerrey or wrings generated by the I C;INI or the equipment installed hereunder without obtaining Ameresco's written approval, which shall not be unreasonably withheld. (n) Stora4if: Customer shall provide rent free space for Atneresco, or any of its subcontractorS, to mobilize and store supplies, tools and equipment during installation of the ECM(s) as available pursuant to this Agreement for which such storage space may be requited, with locking capacity acceptable to Anteresco. Only Anereseo or any of Anrcreseo's subcontractors, and Customer's assigned personnel shall have access to storage. Ameresco shall promptly remove all such equipment from such storage areas upon Substantial Completion of the project. (o) Rid Customer shall procure and pap for all energy and fuel for the operation of the Property. Cooperation durine, Construction: Customer shall reasonabh. cooperate in relocating occupant,, staff, personnel, furniture and equipment and taking such other actions as may be necessity by Customer in order to prepare space for work by Ameresco to enable Ameresco to timely perform its obligations hereunder. SECTION 11 Defaults (a) By Customer. Customer shall be in default under this Agreement upon the occurrence of any of the follomin, (i) Customer fails to pay when due any amount to be paid under this Agreement and such failure continues for a period of twenty -one (21) business days after notice of overdue payment is delivered by Amereseo to Customer; (ii) any representation or warranty made by Customer in this Agreement or in any writing delivered by Customer pursuant hereto proves at any time to have been false, misleading or erroneous in any material respect as of the time a-lien made; or (iii) Customer fails to perform am of its required duties or obligations under this Agreement and fails to cure such failure and the effects of such failure within thin (,411) days of receipt of written notice of default, unless such failures and effects cannot be completely cured within thirn' (30) days after said written notice, in which case default shall exist only if Customer does not commence and diligemtlp pursue to cure such failures and effects as soon as practicable: (iv) Customer enters receivership, or makes an assignment for the benefit of creditors, whether voluntary or involuntary, or a petition is filed by or against Customer under any bankruptcy, insoh-eney or similar lays and such petition is not dismissed yyithin sixth (60) claps. (v) Customer fails to cooperate in relocating occupants, staff, personnel, furniture and equipment or to take such other actions as may be necessarc by Customer in order to prepare space for wort: by Amereseo as is reasonably requested by Anrereseo in a timeh manner in order to allow the Scope of Sen•ices to be accomplished hereunder. 13 (b) By Ameresco. Anleresco shall be in default under this Agreement if Arneresco fails to perform any of it, required duties or obligations under this Agreement and fails to cure such failure or effects of such failure within thirty (30) days of receipt of written notice of default, unless such failure or effects of such failure cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist cull' if Ameresco does not promptly commence and diligently pursue to cure such failure and subsequent effects as soon as practicable. SECTION 12 Remedies for Default If either Para- defaults under this Agreement, the other hash- may, subject to the dispute resolution procedures in Section 13 below: (i) bring actions for any reiiledics available at law or in equity or other appropriate proccedifli;s for the recover•v of damages, including amounts past due, and (ii) with or vithout recourse to legal process, terminate this Agreement by delivering written notice of termination at least ten (10) days prior to the requested termination date. SECTION 13 Dispute Resolution Claims, disputes, or other platters in controversy ( "Disputes') arising out of or related to the Agreement or the Project shall be subject to informal dispute resolution and mediation as a condition precedent to ant' and all remedies at law or in equip. if during the term of this Agreement a Dispute arises concerning the Project or this agreement, the Dispute shall initially be submitted to (,ustomer's project representative and Arno esco's project manager for resolution by mutual agreement between said parties. Any mutual determination by the Customer Representative and Ainc•reseo's project manager will be final and binding upon the Parties. However, should the Customer representative and Auleresco's project manager fail to arrive at a inutual decision as to the Dispute within tell (10) business days after notice to both individuals of such Dispute, such Dispute mill be submitted to a representative from Management of both parties who shall meet in person or by phone within tell (10) business days after either Party gives the other Parh written notice of the Dispute (the " Dispute Notice'). 'lhr Dispute Notice shall set forth in reasonable detail the apgrieved part's position and its proposal for resolution of the Dispute. If the Dispute is not resolved within this- (30) calendar days after the first electing of the Parties, then the parties shall endeavor to resolve the Dispute by mediation. A request for mediation shall be elude in writing and delivered to the other Part. Tile request play be made Concurrentic \with the tiling of auv and all remedies at law or in equity but, in such event, mediation shall proceed in advance of any proceedings filed in a judicial forum, which shall be stayed pending mediation for a period of sixty (00) days from the date of filing, unless stayed for a longer period of tittle by agreement of the parties or court order. The parties shall share the fees of the mediation equally. The mediation shall be hell in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court haying jurisdiction thereof. If the parties do not resolve the Dispute through informal dispute resolution or mediation, either Parry is free to pursue any other available remedy in law or at equip•. 14 SECTION 14 Insurance and Bonds (a) 13p - Imei— eo: Ameresco shall provide and maintain at its expense the following insurance coverage: (i) \Worker; Compensation and Employer's Liabilities Insurance is required by applicable State taw. (ii) Commercial General Liability losurance, including contractual liability. Bodily Injury per person, $'l million; Bodily hrjury per occurrence, $1 million; Property- Damage per occurrence, Sl million; Personal Injury per occurrence, $1 million. Comprelicusive Automobile Liability Insurance, including owned, non -owned and hired automotive equipment of, Bodily Injury per person, $1 million; Bodily Injury per occurrence, it million: Property- Damage per occurrence, $1 million. (iv) Umbrella Liability $5 million in the aggregate. Aoreresco's subcontractors shall not be required to carry umbrella liability insurance in excess of limits required lay Ameresco. Ameresco shall deliver to Customer a Certificate of insurance naming Customer as an additional insured pare under paragraphs (ii) and (iii), above. (b) Ameresco shall deliver to Customer Pm ment and Performance Bonds in a sum equal to the Contract Cost conditioned upon faithful performance of the -Agreement by Ameresco, for the implementation of the 1- (:M(s) as it nary be from time to time modified by Change Orders yvithin ten (10) days of issuance of a Notice to Proceed. Nomitltstanding any provision to the crnttrarl• herein, any payment and performance bonds associated Niith this Agreement guarantee only the performance of the installation portion of this Agreemcut, and shall not be ecrostrued to guarantee the performance of: (1) am efficieun or ere {gy savings guarantees, (2) env support or maintenance sen icc agrecmtcut, or (3) all other guarantees or warranties with reran., beyond one (1) yen• m duration from the completion of the installation portion of this Agreement. (c) 13y Gr.r /omrr Without limiting am' of its obligations or liabilities under this Agreement. Customer shall provide and maintain at its expense, insurance coverage consistent with the requitcgterm of Indiana Code 34- 13 -3 -4. as the same may be amended, superseded or recodified from time to time and its obligations under this ASnc•cnnen t. SECTION 15 Indemnification and Limitation of Liability (a) Anything in this Agre•cment to the eontran nomirhstanding, neither Part nor its respective offiecn, directors, agents, ennployces, parent, subsidiaries or affiliates or their affiliates' officers, directors, agents or cnnployees shall be liable, irrespective of whether such claim of hibilin- is laced upon breach of warrants, tort, (including negligence, whether of any of the Parties to this AArecntrnt or others), strict liability, coutraet, operation of law or othcnyise, to atmv other Party, or its affiliates, officers, directors, agents, employees, successors or assignee, or their respective insureds, for incidental, delay, punitive or eonsequeutial daunages comtected with, related to or arising from performance or non - performance of this Agrecmemt, or ant• action or inaction in connection therewith including claims in the nature of lost revenues, income or profits (other than payments expressly required and due under this Agreement), 15 and increased expense of, curtailment, reduction it) or loss of power generation production or equipment used therefor. pr) Ameresco's total aggregate liabilitj' for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorney's fees) arising out of this Agreement from all causes or any causes, regardless of the legal theory under which liability is imposed, shall in all cases be limited to the greater of the sum of the payments received by :Amcresco under Section # or the total value of this Agreement. Such causes shall include, but not be limited to, Amcresco's negligence, errors, omissions, strict liability, ])reach of contract, warranty, breach of warranty or any indemnified claims. (e) Amcresco agrees to indemnify and hold Customer harmless from and against any and all third part` claims for damages but only to the extent such damages arise by reason of bodily injury, death or damage to property caused by Amcresco s negligence or cuillful misconduct. '17o the extent that any such damages are covered by or under Ameresco's Commercial Gencral Liability Insurance policy, Ameresco shall not he required to indemnify Customer in excess of the proceeds of such policy. In no event, however, shall Ameresco be obligated to indemvufi Customer to the extent that all y such injury or damage is caused by the negligence of Customer or any entity for which Customer is legdly responsible. (d) Customer agrees to indemnify and hold harnikss Amcresco, its officers, agents and employees, firm and against any and all third part' claims for damages but only to the extent such damages arise by reason of bodily injury, death or damage to proper, caused by Customer's negligence or willful misconduct.. ht no event, however, shall Customer be obligated to indemnify Ameresco to the extent that such injury or damage is caused by the negligence of :Amcresco or any entity for which Amcresco is legally responsible. SECTION 16 Agreemen t Interpretation and Venue ]---,tell party hereto has had ample opportunity to review and comment on this ,agreement. Tlris Agreement shall be read and integnrted according to its plain memring and an ambiguity shall not be construed against either Part•. Thejudicid rule ofconstructinn that a document should be more strietl construed against the draftsperson thereof shall not apply to any provision of this .agreement. This ;agreement shall he governed as to all matters, whether of ealiclit', inteq)rctations, obligations, performance or othenvisc exclusively by the laws of the State in which the Project is located (the "State "). Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by all parties in the State. Any mediation and Icgal proceedings involving the negotiation, formation, interprcration or enforcement of this .Agreement may be brought in any state or federal district court haying juri .,diction over the Parties. SECTION 17 Privileged and Proprietary Information ;Amereseo's systems, means, cost, and methodologies of evaluating, implementing, accomplishing and determining encijy sayings and the tenor of the Agreement for this Project shall be considered privileged and proprietary information. Customer shall use the same level of effort to protect and safeguard such information as it employs to safeguard its oNvii confidential information, provided, however, that Customer is a public entity which has very little information that is not open to the public. Customer shall not disclose such proprietary information yvithout the express written consent of an officer of Ameresco unless required to do so by statute or regulation. Mien any request for disclosure of such information is made under any applicable freedom of information law (the "P011," ), Customer shall provide prompt written notice ro .Ameresco such that Ameresco will have the 16 opportunity to timtele object under the MIL should it desire to object to such disclosure of that infonmatitin iu whole or in ]cart. In the event that Customer is required to make a filing Nvith any agency or other governmental body, which includes such information, Customer shall notify- Ailleresco and cooperate with Ameresco in order to seek confidential treannent of such information included eithiu any such filing or, if all snch information cannot be protected from disclosure, to request that Customer be permitted to redact portions of such information; as Ameresco may designate, from that portion of said filing which is to be made available to the public. SECTION 18 Severability If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or uncuforccable, the invalidity of such provision shall not affect the other provisions of this .Agreement, and all other provisions of this Agreement shall remain in full force and effect. SECTION 19 Assignments and Subcontractine (a) Anieresco may elect to use subcontractors in meeting its obligations hereunder. Nothing contained in this Agreement shall create arty contractual relation between any subcontractor and Customer. (b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the P'CM(s), or am- interest therein, or sublet or lend the P:CNI(s) or permit the 1:0f(s) to be used by anyone other than Custauer and Customer's euaployces without rite prior express written consent of Ameresco; provided that Customer mac, without obtaining die consent of Ameresco, assign its rights in the 11.C;\Is to any financial institution, lender or investor in connection ,with a e leasing or financing arrangemnt for funding of the Contract Cost. If Customer transfers ownership or its interest in the property- without the prior written consent of Allaeresco, this Agreement shall terminate automatically. (c) Ameresco shall not assiim this Agreement in whole or in part to any other party without first obtaining the consent of Customer, which consent shall not be unreasonably withheld; provided that, Anieresco may assign, without obtaining the consent of Customer, its rights and obligations under this Agreement in whole or in part to an, affiliated or associated company of Ameresco and its rights for payments only under this Agreement to any financial institution, lender or investor in connection with a credit facility to which Aneresco is a part,. SECTION 20 Waiver Any waiver of ally provision of this Agreement shall be in writing and shall be gilled by a dub authorised agent of Anreresco and Customer. The waiver by either Party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver therdof nor of any further or future waiver of any additional right that such Part nay be entitled to under this Agreement. SECTION 21 Fore e Ma•eure If either Tarn- shall be unable to earn, out any part of its obligations under this Agreement (except Customer's obligations to make payments when due), due to causes beyond its control ( "Force Mnienre'), including, but not limited to, an act of God, strikes, lockouts or other industrial di%ttrbalee'S acts of public enemies orders or restraints of any kind of the government of the United States or any state or any of their departments agencies or officials or any other civil governmental, military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire, explosion, flood, earthquake•, storms, utility power outage, drought, landslide, or explosion or nuclear 17 emergency, this Agreement shall remain is effect but the affected Parry's obligations shall be suspended fora period equal to the disabling circumstances, provided that (a) the non - performing Pam. gives the other party prompt written notice describing the particulars of the event of Force Majeure, including the nature of the occurrence and its expected duration, and continues to furnish timely regular reports with respect thereto during the period of Force 1llajeurc; (b) the suspension of performance is of no greater scope and of no longer duration than is required by the event of Force Majeure; (c) no obligations of either Part,' that arose before the event of Force Majeure causing the suspension of performance arc excused as a result of the event Force iNfajeure; (d) the non-performing Party uses reasonable efforts to remedy its inability to perfomt; and (c) the Term of this Agreement shall be extended for a period equal to the number of days that the event of Force Majeure prevented the non - performing part)- from perfonniog. Any decision by Customer to close or change the use of the facilities or EGNI's at the Property, except to the extent such closure or change is itself caused by Force Majeurc, shall not eonstimte a force Majeure excusing Customer's performance under this Agreement. SECTION 22 Contract Documents (a) Upon execution of this .-Agreement by both Pnrtics, this Agreement and its Attachments, which are hereby incorporated herein by reference, shall constitute the entire Agreement between the Parties relating to the subject matter hereof, and shall supersede all requests for proposals, proposals, previous agreements, discussions, negotiations, correspondences, and all other communications, wherher oral or written, between the parties relating to the subject matter of this :Agreement. (h) This Agreement may not be modified or amended except in writing signed by the Parties. (c) Pleadings are for the convenience of reference only and arc not to be construed as a part of the Agreement. SECTION 23 Notices All notices, requests, demands, elections and other communications under this ;Agreement, other than operational communications, shall be in writing and shall be deemed to have been duly given on the date when hand - delivered, or on the dare of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six (G) business days after the dare of mailing when mailed be United States mail, registered or certified mail, return receipt requested, postage prepaid. All notices shall he addressed to the following individuals: (a) If to Customer: Attention: Clerk of the Board of Public Works (:11Y OF SOUJ'I-I BEND, INDIANA 227 West jeffetson Blvd, 18 Suite 1400 N, South Bend, Indiana 46601 With a copy to: Attention: Cristal Briscoe, Esq. CI'1Y OP SOUTH BENI), INDIANA 22' West)efferson Blvd, Suite 1200, South Beud, Indiana 46601 (b) If to Antcresco: Autcresco, Inc. 150 North A3ichivan Avenue, Suite 420 Chicago, 11. 60601 Attention: Louis P. nlaltczos, Executive Vice President With a copy- to: Ameresco, Inc. 111 Speen Street, Suite 410 Framingham, MA 01701, Attention: General Counsel 1 ?ithcr Party nny from time to time change the individull(s) to receive notices and /or its address for notification purposes by giving the oilier Pare mritteu notice as providecl above. SECTION 24 Records '1'o assist Ameresco in its performance of this Agreement, Customer shall (to the extent it has not alreach done so) furnish (or request its energ- suppliers and transporters to furnish) to .Amereseo, upon its request, accurate and complete data (I;ept by Customer or Custrnner's energy- suppliers and transporters in the regular course of their respeeave businesses) concerning energy usage for the existing facilities at the ProperrY, including the folloyvigq data for the most Current thirty -six (36) month period: utility records, occupancy infomtation; descriptions of any changes in building structure or heating, cooling or other systems or cuergy requitcmcnts; cleseriptions of all energy consuming or siving equipment used on Propm'v: descriptions of all energy management procedures presently utilized. If requested by Ameresco. Customer shall also provide any prior cnerm' analyses of the PropertA, to the extent available. SECTION 25 Representations and Warranties Iiach Party %warrants and represents to the other Part' than. (a) it has all requisite power, authorit, licenses, permits, and frnnchises, corporate or otherwise, to exentte and deliver this Agreement and perform its obligations hereunder; (b) its execution, deliven, and performance of this Ageement have been duly authorized bv, or are in accordance with, as to Ameresco, its organizing instruments and as to Customer, by all requisite action and arc not in breach of any applicable lava, code or regulation; 19 (e) this :Agreement has been duly executed and delivered by the signatories so authorized, and constitutes each Party's legal, valid and binding obligation; (c) its execution, delivery, and performance of this Agreement shall not result in it breach or violation of, or constitute a material default under, any agreennent, lease or instrument to which it is a park° or by which it or its properties may be bound or affected; and (d) it has not received anf notice, nor to the best of its knowledge is there pending or threatened ally notice of ally violation of any applicable laws, ordinances, regulations, toles, decrees, awards, permits or orders which would materially adversely affect its ability to perform hereunder; and (e) the persons executing this agreement are f tly authorized by law to do so. SECTION 26 Additional Renresentations and Warranties of Customer Customer hereby warrants and represents to ameresco that: (a) Customer intends to cointinuc to use the Property in a manner reasonably similar to its present use; (b) Customer does not contemplate any changes to the electrical and thermal consumption characteristics of the Propert except as may have been disclosed to Ameresco by Customer in writing prior to the execution of this Agreement; (e) Customer has provided Ameresco with all records heretofore requested by Arrleresco; (d) Customer has not entered into any other agreements i ts or understandings for the Property th persons or entities other than Amereseo regarding the provision of the Scope of Services; (c) Since the date of the Audit, there has been no change, event, circumstance or development that has or could reasonably be expected to have a material adverse effect on (i) the operation or condition of the Propern, (ii) the energy usage at the Property, or (iii) the ability of Customer to perfortm its obligations hereunder; and (t) Customer has obtained all necessary govemmental, legal, administrative and ally other approval necessary for it to enter into and perfotnn this Agreement. SECTION 27 Independent Contractor Nothing in this Agrccuhent shall be eonstmed as reserving to Customer any right to exercise any control over or to direct in any respect the conduct or management of business or operations of ;\tucresco. The entire control or direction of such business and operations shall be in and shall remain in ameresco, subject only to Auneresco's performance of its obligations under this Agreenhent. Neither Amereseo nor any person perfomning any duties or enpged in any work on the Property on behalf of Amereseo shall be deemed an employee or agent of Customer. Nothing in this Section ,hall be deemed to be a waiver of Customer's right to use the Propem. 20 Customer and Ameresco are independent of one another surd shall have no other relationship relating to or arising out of this Agreement. Neither Party shall have or hold itself our ns having the right or authority to bind or create liability for the other by its intentional or negligent act or omission, or to make am contract or otherwise assume any obligation or responsibility in the name of or on behalf of the other Party. SECTION 28 Negligent /Wrongful Acts Neither Party to this Agreement shall be liable for any negligent or wrongfid acts, either of commission or omission, chargeable to the other. This Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one Party against the other or against third parties. SECTION 29 Further Documents and Events 'I•le Parties shall execute and deliver all cocuments and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement. Customer shall execute all documents which may be reasonably required for Ameresco to obtain all licenses, permits and governmental approvals required by Ameresco for installation and operation of the ECM(s). Ameresco's obligations hereunder are also subject to obtaining all such licenses, permits and governmental approvals as are required to perform its obligations under this .agreement. Customer agrees that Ameresco shall have the right to all environmental, energy, financial, and electrical - related tax attributes, rights, credits, deductions, benefits and characteristics associated with or arising out of the transactions contemplated by this .agreement or associated with the I :CAk or with the energy, capacity or electrical sayings created under this ;agreement, howsoever created or recognized. Customer shall provide Anieresco all reasonable assistance in perfecting its rights to such attributes, rights, credits, benefits and characteristics. SECTION 30 Third PArty Beneficiaries The Parties hereto do not intend to create any rights for, or grant arm remedies to, amp third party beuc5eiary of this :agreement. SECTION 31 Notifications of Governmental Action - Occupational Safety and Health •lhe Parties shall notify each other as promptly as is reasonable possible upon becoming aware of an inspection under, or am alleged violation of, the Occupational Safety and I lealth .act or am other provision of federal, state or local law, relating in anc way to the undertaking,- of either Pam under this Agreement. SECTION 32 Termination for Convenience Customer shall take all necessary and timely action during the Term to obtain funds mud maintain appropriations sufficient to satisfy its obligations under this Agreement. The foregoing notwithstanding, subsequent to the dare of the Delivery and :acceptance Certificate, this Agreement may be terminated by Customer in accordance with the provisions of this Section 32. Customer shall provide notice to Ameresco of its election to terminate no later than thirty (30) clays in advance of the end of the them current Guarantee Year. The termination shall become effective on the 21 last day of said Guarantee Year. the teriination of this Agreement by Customer shall release Ameresco from its obligation to provide maintenance, monitoring and teaining services after the effective date of termination, as well as its obligation to provide: the Savings Guarantee after the termination [late; provided, however, that Customer is responsible for payment for maintenance, monitoring and training services performed in accordance with the terns of this Agreement prior to the termination date and Ameresco shall remain responsible for any Savings Shortfall (as defined in Attachment Q payments due Customer prior to the date of termination. SECTION 32 References Unless otherwise stated, all references to a particular Attachment or to Attachments herein are to the referenced Attachment or Attechmcnts which are attached to this Agreement and all such referenced Attachments are incorporated by reference within this Agreement. All references herein to a Section shall refer to a Section of this Agreement unless this Agreement specifically provides otherwise. T) IN WITNESS WHEREOF, the dull' authorized officers or representatives of the Parties have set their hand on the date first written above with the intent to be lcgallp bound. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Member Member Member Member Member ATTEST: Authorized Signature Title: 23 AMERESCO, INC. By: Authorized and Required Signature Name: Louis P. Maltezos Title: Executive Vice President By: Authorized Signature Name: Jeffrey L. Metcalf Title: Vice President - East Central Region ATTACHMENTS TO ENERGY SERVICES AGREEMENT BETWEEN AMERESCO. INC. AND CITY OF SOUTH BEND ATTACHMENT A PROPERTY DESCRIPTION 'llic following buildings, facilities, aiid areas, a-hich ire opened and operated bt. CUSFO\fE.R, are includecl in the Seopc of Sen -ices set forth in Attachment 13: Ccuturc center 1 920 S. Sc loseplt Street I South Bead, Indiana 46601 - 1 24 ATTACHMENT B SCOPE OF SERVICES '11ris Attachment sets forth a description of existing equipnunt and the Energy Consen'ation 'Measures (ECAI) and related cquipntent to be installed by Ameresco ar the buildings, facilities, and areas set forth in Attachment A within the Property. Installation of the ECAI(s) and the included equipment is subject to change if Ameresco discovers unforeseen conditions at the Property that render its preliminary analysis of the property inaccurate, or silmificanrly affect achievement of the Guaranteed Savings. Am changes to the installation of the F.CAI(s) and the included equipment sue. subject to approval of Customer, which approval shall not be unreasonably withheld, conditioned or delayed. 'Ibe ECAI, described below are included in the Scope of Services: Tablet Century Center ECM No. Proposed Improvement 1 lRoofing Replacement 2 jUghting Replacement 3 ILighting II - Upgrades 4 HVACSystem Upgrades S JHVAC Control System Upgrades 6 lCefling Tile Replacement and Upgrades Note: although P_CAM 0 does not prmide utility savings, it is causally connected to IiCU 3 :ntd F.CAI 4. ECM 1: Roofing Replacement Roof Sections: A, B, C, D, I:, h (appendix A - Ref M- 100 Drawing for Roof Section layout Denting) 1. Remove existing ballast and I C.P.D.M. membrane 2. Remoyc wet insulation in arras mith existing roof damage and replace mith new a, to provide positive drainage. Scope does not include total replacement of roof insulation. With slope variance for positive drainage, insulation resistance value mill van betwecrt R -20 and R - -24 mioinnun. 3. Ingtall new 15" Firestone polyisocyanurue as per Firestone's recommendations for a TPO InvisiWeld svmctm 4. Remove existing wall and curb flashing, and install new 7'110 (lashings as per I --irrstone recommendations. 5. Remove existing mall copings and install new 24 ga. firestone copings. Reference :Appendix A for additional details and specifications. 25 Century Center - Roof Specifications Roof Section Roof Type Roof Specification (Firestone or approved equivalent) A Standard 20 Year TPO Firestone Spec. -Section 07 5423 Themtoplastic - Polclefn Roofing -TPO, U1traPly Platinum TPO 0.060" Membrane Slsrem. l; Solar Pancls(future) Firestone Spec. Section 07 07 00 — Building Integrated Photovoltaic SyMills C Standard 20 Year TPO Firestone Spec. - Section 07 5423 T7u•rmoplastic - PolyleQn Roofing - TTO, UlmPly Pluinum TPO 0.060" Mcnrbraae Scstcm. D Standard 20 Year TPO Firestone Spec. - Section 07 5423 Therorophistic - Poclefin Roofing - TPO, UltraPly Platinum TPO 0.060" \lembrane System. E Standard 20 Yexr'ITO Firestone Spec. - Section 0- 5423 lltcnnoplustic - Polclefin Roofing -TPO, UlteaPlr Platinum TPO 0.060" Menrbnuu Scstcm. I, Standard 20 Ycar'ITO Firestone Spec. - Section 07 5423'17rennoplastic - Polclefin Roofing nn UlPh Platinum 7PO 0.060" Membrane System. G Green Ronf . \ppliaition Firestone Spec. Section 0%.33.63 Vegetated Roof Scstcm, Skyseape Hxtunsice \'ebn•ruiye Roof system, Firestone Building Products. Roof Sections G — Greell Roof 1. Remove existing roofing system to the deck. 2. bisull new R -20 I- �ireslone Polyisocymmrare. 3. Install new Fully Adhcred'1P6 roofing system in accordance to receive a Firestone Red Shield 20 year \\'armary. 4. Remove existing wall and curb tlashiriW and insndl new TPO flasltings as Per Firestone's recomnlenclmiona 5. Remove existing wall copings and reuse if applicable or inslall new 24 ga. Firestone copings. Systems to be installed: Reference Appendix A attached Firestone specification: • Firestone Spec 0 5423, 0.060 "'1PO, 20 Year Warranty Full' Adhered • Firestone Spec 0: 5423, 0.060" TPO, 20 Year \C'arrannv, Im isi\Pcic] - Induction Welded System. • Firestone Spec U- 33 63A Vegetative Roof System, Skysmape semi- Intensive Vegc•tettive Roof Scstcm, Fire.mjiv Building Products. • Firestone Spec. Sect IF n- 00 Building integrated Photovoltaic System ECM 2: Lighting Replacement Base Project - Lighting opgrades, Ocnip:utec Sensors, Vending \fixers • Base Project: • For a Room by Room Lighting audit reference Attachment G. 26 Existing 2x4 4-T8 himp troffers with parabolic louver lenses will be retrofitted with specular reflectors, extra long -life F28T8 lamps and high efficiency clectronic ballasts. Existing 2x4 4-T8 lamp troffers with parabolic louver lenses with low hours of operation will be re- lainped with extra long -life F28T8 lamps. Existing 2x4 3 =f8 lamp troffers with parabolic louver lenses will be retrofitted with specular reflectors, extra long -life 1 -28T8 lamps and high efficiency electronic ballasts. Existing 2x4 3 -TS lamp troffers with parabolic louver lenses'mith low hours of operation will be re- lampcd with extra long -life F28T8 lamps. Existing 2x4 3-T8 lamp troffers with love hours of operation will be re- lainped with extra long -life F28'1 78 lamps. Existing 2x2 2-'1'8 a -bend lamp troffers will be retrofitted with specular reflectors, F17T8 lamps and high efficiency electronic ballasts. Existing 1x4 2 -T8 lautp troffers will be retrofitted with specular reflectors, extra long -life F28'I'S lamps and high efficiency electronic ballasts. Existing 1x4 2 -TS lamp troffers with low bouts of operation will be re- lampcd with extra long -life 1 =251'8 lamps. l :xisting 2x4 2 =1'8 lamp troffers will be re- ]amped and re- ballasted with extra long life F2STS lamps and high efficiency electronic ballasts. Existing 2x4 2 -T8 lamp troffers with low hours of operation will be re- lainped with extra long -life F28T8 lamps. Existing 4' 'I '178 lamp snip fxtures will be rc- lamped and re- ballasted wirb extra long -life F28T8 lamps and high efficiency clectronic ballasts. laxisting 4' 1 -1 8lamp strip fixtures with love hours of operation will be re- lumped vv-ith extra long -life 1251 S lamps. Existing 4' 2-T8 hamp strip fixnirc•s will be retrofitted with specular reflectors, extra lo»,gg- life 1'251'5 lamps and high efficiency electronic ballasts. I3xisting 4' 2 -T8 lamp strip fixtures with low hours of operation will be te- lampcd with extra long -life F2ST8 lamps. Lxisting 8' 4-'1'8 lamp strip fixtures will be retrofitted with specular reflectors, extra lorrg- life F281S lamps and high efficiency clectronic ballasts. Existing S' 4 -1'S lamp strip fixtures with low hours of operation will be re- lamped with extra long -life 1. 28'1'8 lamps. Existing 2 -TS lamp strip fixtures will be retrofitted with specular reflectors, 1:211-8 lamps and high efficiency electronic ballasts. Iixisting 3' 2-18 lamp strip fixtures with low hours of operatioo will be rc•- lainped with F21T8 lamps. I ixisting 4' 2'I'8 lamp wrap fixtures with low hours of operation will be re- lamped with extra long -life F28TS lamps. Existing 4' 4-T8 lamp wrap fixtures in poor condition will be replaced with new eneggy efficient wrap fixtures with integral specular reflectors, extra long -life 1'28'1'8 lamps, high efficiency electronic ballasts and acrylic lenses. (Existing 4'4-'r8 lamp wrap fixnires with low- hours of operation will be re- ]amped with extra long -life F28T8 lamps. Existing 8' 2'1'8 lamp wrap fixtures will be re- lampcd and re- ballasted with extra long - life F28TS lamps and high efficiency electronic ballasts. Existing 4' 3 -T8 lamp wrap fixtures with low hours of operation will be re- lampcd with extra long -life P2S'1'8 lamps. 27 Existing 4' 221'8 lamp industrial fixtures will be re- lamped and re- ballasted with extra long -life F28T8 lamps and high efficiency electronic ballasts. Existing 4' 2 -T8 lamp industrial fixtures with low hours of operation will be re- lamped with extra long -life F28T8 Iatnps. 1xisting 320 watt pulse start metal halide high bay fixtures will be replaced with new LE:D high bay fixtures. Existing 320 watt pulse start metal halide flood fixtures will be replaced with new LID flood fixtures. Existing 100 watt metal halide flood fixtures will be replaced with new LIED flood fixtures. F.xisting 100 watt metal halide flood fixtures with low hours of operation will remain as is — no scope of work. Existing 150 watt metal halide flood fixtures will be replaced with new LED flood fixtures. li:xistiug recessed can fixtures with 100 watt metal halide lamps will be retrofitted with Hard -wired I.d ll retrofit trim kits. Existing 40 watt G25 globe incandescent lamp fixtures Will be re- lamped with G25 LED lamps. Existing 35 ,,watt MR16 lamp fixtures will be ro-lamped with LED MR16 lamps. Existing recessed can fixtures with 200 watt A -style incandescent lamps will be re- lamped with LED A -style lamps. Existing recessed can fixtures with 100 watt A -style incandescent lamps will be re- lamped with 1 -131) A- style latups. 1xisting recessed can fixtures with 120 watt R40 incandescent lamps will be re- lamped With PAR38 11-1) lamps. Existing recessed can fixtures with 90 ,,watt PAR38 incandescent lamps will be re- lamped with PAR38 LED lamps. Existing recessed can fixtures with 65 watt R30 incandescent lamps will be re- lamped with RUM Lull (amps. Existing track can fixtures with 90,,watt PAR38 lamps will be re- lamped with PAR38 LED lamps. Existing track can fixtures With 70 watt PAR38 lamps will be re- lamped ,,with PAR38 LED lamps. Existing recessed can fixtures with 0 watt PAR38 Lamps Will be re- lamped with PAR38 LED lamps. Lixisting 100 watt .1- stele incandescent lamp fixtures will be re- lamped with A -style LED lamps. Existing 90 watt A -style incandescent lamp fixtures will be re-limped with A -style 1-10 lamps. Existing 25 watt A- stele incandescent lamp fixtures will be re- lamped with A -style 3,1 71) lamps. Existing 15 watt CFL lamp fixtures will remain as is — no scope of work. Existing 15 watt Cl -1, lamp fixtures with low hours of operation will remain as is — no scope of work. Existing 23 watt CFL lamp fixtures ,,will remain as is — no scope of work. H'xisting 23 watt CFI, lamp fixtures with low hours of operation will remain as is — no scope of work. Certain 23 watt (:11, lamp fixtures will be re- lamped with 1.1-'.D A -style lamps — light 28 level increase. Existing 32 watt CFL lamp futures will remain as is — no scope of work Existing recessed can fixtures with 13 watt plug -in CFL lamps and magnetic ballasts will remain as is — no scope of work. Existing recessed can fixtures with 2G watt plug -in CFL lamps and magnetic ballasts will remain as is — no scope of work. Existing recessed can fixtures with (2) 26 watt plug -in CFL lamps and magnetic ballasts will remain as is — no scope of work. Existing recessed can fixtures twirh 23 twatt CPI. lamps and high hours of operation will be re- lamped t drh LED BR lamps. Existing recessed can fixtures with 20 watt CPL flood lamps and high hours of operation will be re- lamped with LED BR lamps. Existing recessed can fixtures with 23 watt CFL lamps will remain as -is — no scope of work. Existing recessed can futures with 42 watt CFL plug -in lamps will remain as is — no scope of work. Existing surface mounted fixtures with CFL lamps will remain as is — no scope of work. l?xisting chandelier in Discowet'• Ballroom with 20 watt quartz lamps have no good retrofit option — no scope of work. Existing exit signs are LED and encrgl efficient — no scope of work. Exterior — Esistigg pole mounted 1000 watt I IPS flood fixtures will be replaced with new 1.I SD flood fixtures. I ixterior — Existing pole mounted 1000 watt metal halide flood fixtures will be replaced with new 1-1-1) flood fixtures. ]i :xtcrior — lsxistiug pole mounted 250 watt HIPS shoebox fixtures will be replaced with new LED shoebox fixtures. £ixterior — Existing pole mounted 150 watt I-IPS shoebox fixtures will be replaced with new LED shoebox fixtures. Exterior — Existing building mounted 400 matt I IPS shoebox fixtures will be replaced with new I.ED shoebos fixtures. Exterior — t ixisting 400 watt I IPS flood fixtures will be replaced with new LED flood fixtures. Exterior — Existing 150 watt metal halide flood fixtures will be replaced with new LED flood fixtures. ]: Existing 32 watt CFL lamp fixtures will be re- latnped with A -style LED lamps. Existing recessed can fixtures with 13 watt plug -in CI--l- lamps and magnetic ballasts will be retrofitted with hard - wited 1,14 D trim retrofit kits. Existing recessed can fixtures with 26 watt plug -in CFL lamps and magnetic ballasts will be retrofitted with hard -wired LED trim retrofit kits. Existing recessed can fixtures with (2) 26 watt plug-in CFL lamps and magnetic ballasts will be retrofitted with hard -wired LED trim retrofit kits. Existing recessed can fixtures with 23 watt CFI. lamps will be retrofitted with hard -wired LED trim retrofit kits. Existing recessed can fixtures with 42 watt CFL plug -in lamps will be retrofitted with hard -wired LED trim retrofit kits. Existing surface mounted fixtures with CFl. lamps will be re- lamped kith A -style LED lamps. Exterior — Existing recessed can fixtures with 23 watt CFL lamps will be re- lamped with LED flood lamps. OCCUPANCY SENSORS • For a Room by Room Lighting audit reference Attachment G. Dual Sensing Occupancy sensors will be installed in the followigg area: } mes of occupancy sensors to be Installed: wall mounted, ceiling mounted logy voltage, ceiling mounted Eric voltage and ceiling mounted dual technology. Typical areas to have occupancy sensors installed: Offices L.L. Kitchen Certain Storage Rooms Galleria Areas Certain Restrooms Service Corridors Receiving Area Nigh Bays Certain Hallways 30 Conference Rooms Lounges Concessions Vcudmisers 13L'•NDIX T RATR1 Stage Lighting — Existing pendant mounted cylinder fixtures with 300 watt incandescent lamps will be replaced with new pendant mounted cylinder fixtures with LLD flood lamps. Aisle Lighting - Existing pendant mounted cylinder fixtures with 300 watt incandescent lamps will be replaced with new pendant mounted L,ED cylinder fixtures. Seating lighting - Lxisting pendant mounted cylinder fixtures with 300 watt incandescent lamps will be replaced with new pendant mounted cylinder fixtures with LED flood lamps. Perinneter lighting — Existing recessed can fixtures with 200 watt A -style incandescent lamps will be re- lvnpcd with LEM PAR IS lamps. No existing — new recessed can LED fixtures will be installed for security. Synergy Lighting Control Panels to be installed. Occupancy Sensors to be installed to control new security L.LD can fixtures. GREATILUA General lighting — Existing recessed fixtures with 300 watt incandescent lamps will be replaced with new LED recessed can fixtures. New layout for the additional fixtures needed. Twinkle Lighting — I existing incandescent string lighting will be replaced with new Ll-'D string lighting. New conduit, wire and junction boxes will be installed for both EOM's to comply with current electrical codes. Synergy Lighting Control Panels to be installed. New ceiling by others is a requirement to accomplish lighting EChl's. 31 RECITAL IiAL1, Stage Lighting — ]xisting recessed can fixnu-es (it) hard cciliugs) with 250 watt PAIt56 Quartz halogen lamps will be replaced with new LED recessed can fixtures. I lard ceilings will be cut and patched to accommodate the new recessed LED fixtures. Stage ceiling will be painted. Seating Lighting — Existing 40 watt G25 incandescent lamps will he re- lamped with LED G25 lamps. Seating ],fighting — Existing recessed can fixtures with 90 watt PAR38 incandescent flood lamps will be re- lamped yvith LIiD PAR38 lamps. Perimeter Lighting - l-3xisting recessed can fixtures with 200 watt i\ -style incandescent lamps will be re- lamped with LED 13AR38 lamps. Synergy Lighting Control Panels to he installed. SUITES 1 -11 AND CORRIDORS Suites 1 -11 — l:;xisting recessed can fixtures with 200 watt A -sty 1c lamps will be replaced with new LI.D recessed can fixtures. Suite% 1 -11 — 1xisting wall mounted sconce fixtures with (2) 100 watt A -style lamps will be re- lamped with 1.ED A -style lamps. Suites 1 -11 — Existing wall mounted sconce fixtures with (2) 23 watt CFL, lamps will be re- lamped with ]..I D A -style lamps. Corridors and L']ecator Lobby - Existing recessed can fixtures with 23 watt CI'L lamps will be replaced with new LED recessed can fixtures. Corridors — Existing Chandeliers with (18) 35 watt flame tip incandescent lamps will be replaced with new chandeliers with 1.13D flame tip lamps. Corridors — Existing Chandeliers with (18) 40 watt (316.5 incandescent lamps will be replaced Nvith new chandeliers with LED flame tip lamps. Corridors — Existing wall mounted sconce fixtures with (2) 2' ) watt plug-in CFI. lamps will be replaced with new LED sconce fixtures. Synergy I- ighting Control Panels to be installed. • Itefercnce Cciling Tile Replacement and Upgrade SUFMS 12 -15 AND CORR1DO1tS Suites 12 -15 — Existing recessed can fixtures with 200 watt .\ -style lamps will be replaced with new 1,10 recessed can fixtures. Suites 12 -15 — F.xistim, wall mounted sconce fixtures with (2) 100 watt .\ -style lamps will be re- lamped with 1-1 :1) , \ - style lamps. Corridors and I3lcyator Lobby - Existing recessed can fixtures with 23 watt CFI, lautps will be replaced with new 1.1.D recessed can fixtures. Corridors — Existing wall mounted sconce fixtures with (2) 23 watt plug -in C:17- lamps will be replaced with new LI.iD sconce fixtures. Synet;cy Lighting Control Panels to be installed. • Reference Cciling pile Replacement and Upgrade COLOR CHANGING LED OPTIONS 32 Suites 12 -15 Alcoves — Existing recessed can fixtures with 100 watt metal halide lamps and ballasts will be replaced with new Color Changing LED fixtures. Local pre- programmed control. Install a reflective filch product on windows to allow the color changing LED to reflect and produce the desired color changing effect. Pavilion Canopy — Existing 12 watt LED flood fixtures will be replaced with new Color Changing LED flood fixtures. Higher wattage color changing LED fixtures will be installed to increase light levels. Local pre - programmed control. 33 ECM 4.0 — HVAC System Upgrades 4.1, — Section B Suite and Hallway Areas Upgrades: 1) Remove (11) Cartier'Moduline Boxes cdth Diffusers. 2) Replace with (11)'fittns Boxes (or approved equal) VAV boxes and 2x2 or 2x4 standard Titus I.inear slot diffusers (or approN ed equal). (Reference Attached 3) Remove existing Pneumatic control system and replace with new building automated control System. local Suite Direct Digital Controls to modulate VAV boxes and provide: a. Environmental temperature Control Oyer suite. b. Occupied and Unoccupied room control from Building Automation System and new occupancy sensor. c. J.ord exhaust fuss ec•n•ing the suites shall be Jactivated or de;tctiyatcdJ scheduled or programmed from the 13.%$ or ovetxidden by local lighting occupancy sensor inputs. 4) Add existing meeting room exhaust fan control to new DDC system additions. 5) Lighting Upgrades will install occupancy sensors in rooms /areas being reworked. Coordinate With lighting contractor (2v11 set of contracts) to use new lighting occupancy sensors to close \'AV Boxes and turn off exhaust fans serving area. 6) Reference Ceiling'File Replacement and Upgrade 4.2. — Mechanical — Isolation Dampers on AHU -1, 2 and 8 -) Isolation Dampers - In conjunction with #1 and #3 above, install 13DC system controlled isolation dampers to isolate different areas that are served by the same AI it! (i.e. office area vs. ball room, nicvting room vs. lov-er level kitdieu, etc.) (lZetermce Drawings) 3) 0:1 and R,A Dampers — Repair or replace complete danipc•rs/ .seals and /or linkages on outside and return air dampers on Al IL "s. 1 -1I. (See Spreadsheet for listing) 4.3. — Mechanical — Update and Repair Variable Frequency Drive to Air Handling Units 9) IZeplxec or add ihirtcen (13) Graham variable fregncnec drives or acid VFll's nn _111L'- 2,.i, {5,6,5,7(t,l 1, 12 anJ integrating their supporting Kehmi /Exhaust bans F- 19,'_3, 2 -, 3 {. (r(?ference .11 IU Spreadsheet) 4.4. — Mechanical — VFD's on Cooling and Heating Water Loop Pump and Valves. 10) Replace existing chilled crater punip(s) kith new .lrnistrong puoip(s) with integrated Danfoss VED (or approved equal solution). a. Replace existing '-way chilled ccatcr calves with new Be into 2 -wny electronic calves on: .1111' -1, 3, 4, 5, 6. 11) Replace existing hot ccatcr pump(,) with new.lrnistrong primp(,) cvitli integrated Danfoss VFD (or approved egmd solution). a. Replace existing .3 -way hot crater valves with new Behnio 2 -%vay electronic valves on: AIfU- 1,3, 4.3. 6. b. Reference .Attached Pump Schedule 4.5. — Mechanical — Chiller and Cooling Toner Repair and Reyvork 34 12) Tic or replace. three (3) existing isolation valves on cooling tower cells, so that tower nnay he staged jONJ and jOff]. Currently the Valves are nor working properly and the complete tower is on or off. a. Water Meter - 'Move cooling tower water meter to proper installation for nxii»toring and reading flow to tower. b. Provide isolation calves for chilled water system to segment chillers and operational flow. 4.7. — Mechanical — Add Humidification, Control, and Monitoring System to Museum 13) Museum —Add Humidification Control to Nluseum area Ah1U's. Sensors and Steam humidifier to be added to existing unit. 4.9. — Mechanical — Kitchen Unit Rework 14) _ \dd new Kitchen Air I- fmiding Lhnit to maintain and control kitchen environment cold separate from the existing facilm.. ECM 5.0 — HVAC Control Upgrades (Note: Energy Savings for ECM 5 are included in the calculation for ECM 4 as both measures are required together to capture savings) Alncreseo will cnihncer, provide, install, commission, Program, startup and check -out, project management, travn the owner and provide the Occnical installation on the following; 5.1 — Controls - Well ]used Building Automation System fi X : PCcb Based Supen-isnn Controllers. 1 o New desktop workstation and monitor. o Nialmra . \S server software. o Graphic displays shm6ig all data from control system. • Static IP addresses from existvig I' licroet network to be furnished by owner. • Ethernet cabling to be provided by owner. 5.2 —AML! 1- 1013411ht (S) AIIU control Scans (Existing l nclosures) o TN -PCG DDC Controller with required expansion modules. O New controller to be installed in existing aaclosure at . \1IU. • New AHU temperature sensors. • Nem- AHL! duct static sensors. • New . \1 -IU hunniditr sensors. • Rcusc all existing bill an input device. • Reuse all existing Starr /stop :red interlock relays. • Control of existing VI Ds. • Control of existing valves and dampers. o Monitoring of existing smoke detectors. • Existing point to Point wiring to be reused. • New BACnet eonununieation tnu - to lCI -TX -GO supervison. controller 5.3 — AHIJ 11-1-5 Fight (5) AIJU control System, (New fioelonires) • F'\-PCG DDC Controller with required expansion modules. • Neiv controller to be installed in new custom built enelosnre at AHU. • Neat• AHL' temperature sensors. • Nc%%, AIIU duct static sensors. o New -UJU humidit sensors. 35 o Reuse all existing binary input devices. o Reuse all existing start /stop and interlock relays. • Control . of existing\'1'+lls. • Control of existing calve: and dampers. • ;Monitoring of existing smoke. detectors. • Existing point to point wiring to be rcuscd. • New BACnet communication trunk to iC1 -FS -60 supervisor. controller. 5.4 — C\YS (1) Chilled Water Control System • FX -ECG DDC Controller xvith requited expansion modules. • New controller to he installed in existing enclosure in central plant. • New hydronic temperature sensors. • New chilled e.ucr pressttre sensor. • Reuse all existing binary input devices. • Reuse all existing start /stop and interlock relays. • Control of existing F FDs. • Control of existing valves. • Existing point to point wiring to be reused. • 13ACmct integration of Carrier controllers (BACnct cnnvnunication ends by others). • Ncw 13ACnct communication trunk to SCI -FS -60 supervisory controller. 55 — J AX'S (1) 1 -Jot Water Control System • FX -PCG DDC Controller with required expansion modules. • New controller to be installed in existing enclosure in central plant. • New hcdrotic temperature sensors. • Reuse all existing bitntn. input devices. • Rcusc all existing start ;stop and interlock rclacs. • Control of existing \"ells. • Control of existing calves. • lsisting point to point wiring to be reused. • BACnct integration of 13oiler Staging Panel (13ACnct communication cards by others). • New BACnet communication trmrk to iCI -FS -60 supervisor- controller. 5.6 — Cool Tower (1) Cooling Tower Control System • I .S -PCG DDC Controller with required expansion modules. • New controller to he installed in existing enclosure in mechanical moor. • New hydronic temperature sensors. o Reuse all existing binan input devices. o Reuse all existing start , istop and interlock relays. o Control of existing \ I-s. o Control of existing valves. o Existing point to point wiring to he reused. o New BACnct communication trunk to JCI- PS -Cr0 supervisory controller 5.711 — \-AY (IS) Variable Air Volume Box Control and T'nunk o N2 intepiion of existing DDC \"AC box controllers- 5.8 —AI -IU VI--D (14) . \ir I landlinq Unit Supply Fan \'I-D's • Start /stop, status, and speed control signals for fan \T1Ds. • BACnet integration of \'FDs 03.\Cnct communication cards Iry others). o \'FDs prodded by others. 5.8 — Pumps (1) f lydronic Pumping Modifications o Start /stop, status, and speed control signals for fan \TDs. 0 BACnet integration of 03ACnet communication cards by others). 36 • VFDs provided by others. • New 2 -w-al DDC clectro tic control valves for CI-i\V coils (9). • New 2 -wav DDC electronic control valves for I I\C' coils (9). • Valves to be installed by mechanical contractor. . 5.9 — C1' Valves (1) Cooling Tower Modifications • New DDC electronic isolation N alves for Towers (3). • Valves to be installed by mechanical contractor. 5.10 — Chiller Controls —Modular Chiller Controls o Strut /stop, status, and alnmt tignals for new chiller. 0 B;1Cnet integration of chiller (13.1Cnct conmmnicatiat cards by others). • New hNdronic temperature sensors. • New DISC electronic isolation valves for chiller (2). • Valves to be installed by mechaniail contractor. • All points to be terminated at existing chiller control panel. 5.11 — Humidifier (2) Gallen' Humidification Control • .lrialoq control signal for new humidifier. • New gallcrr Inimidin- sensor. • Iluntidir, high limit snitch. • liuntidin' airflow proving sidtch- • All points to be terminated at existing -M IU control panel. ECM 6.0 — Ceiling Tile Replacement and Upgrades General hnproc-cments: Sections B and E. L Cciling Tilcs are to be removed in: (ref. drawing Lower J.cvcl Band E Sections) Room Room No. ELEVATOR LOBBY 13118 CORRIDOR 8121 SUITE, 1 13122 SUPl-B 2 B123 SLIIIT.3 11124 CORRIDOR 13135 SUITE 4 13131 SCTlli 5 13132 SUITE 0 13133 SUITE 7 13134 SUITE 8 13136 SU17139 13137 SUITE ]0 13198 SU'ITF. 11 13139 CORRIDOR 1:121 STAIR \'liSlll3l'l.l'. P, 122 2. Note: lixisting Spline Ceiling tiles trill be removed and replaced with ceiling Grid and lav -in 2x2 tiles. Location of the new ceiling will be the sank height as the old ceiling, to use existng sprinkler heads and sensors. 37 j1— r L_3 - -- a '° n c; 17,11111. T 1 I. 1% 3. New Ceiling Grid —Armstrong, TechLine 87-, Armstrong, Prclude XL 15/16" Exposed "fee System. (Ref. attached .lmutrong s)ecification.) 4. New Ceiling Tile —Armstrong TcchLinc S?' Armstrong, Cortega, Correga Second Look, Square Lax ill and 7egtdor, medium teaturc riles. (Ref attached .lmutrong spec.) 38 I � I t / it Note: this corridor is actually in section '9" from original lice Plan. 5. 1 moire Alarm — ISxisting Sprinkler heads and sensors will remain and be reused in the new ceiling at same locations. G. Audio System — lixisting Audio system will remain and be reused in the new ceiling, at same locations. 7. lighting — will be replaced. S. hICAC Grills and Re,risters — Will be replaced. Section F - Great Hall — Ceilhrg Rework and Replacement 39 4� 16 4 ML y� h y'`, v i7 �� _ zt. General - Existing slotted ceiling is to be removed, reworked, and replaced after lighting retrofit has been completed. i) Remove slotted oiling from Great I fall . \yea sectioned in red in nboce drawing. 2) Lighting re•nvttit is at rc•plaa• the csisiing: a. 12 s 12 square hall lighting gill be replaced with IG'dia. round high b;n LHDs, in s:une locations. h. I Ianging • "I \tinkle Lie;hts" gill be removed and replace «ith num- hanging LED's and lamination system vill be brought up to current electrical code pith conduit and junction bo\cs. 3) Slotted ccilin, dill be reworked from existing 12]I2 opening to accept new 16" 4) high bar LED's in same• location. 4) Fire .\larm — 1 ?xisting Sprinkler lieads and sensors will remain and be reused in the new ceiling at same locations. 5) Audio S}-stem — I- silting Audio system mill remain and be rcosed in the new ceiling, at sane locations. 40 6) Lighting. —kill be replaced. HCAC Grills and Rcghsters — Existing LR':1C Grills and Registers will be reused in the new ceiling, at the s:m t, locations. S) Removal Sections - _area by Windows will have. to have access to roof. a. NVith ncty roof, there will be anchors being added for window washing and the} will need to be inspected yearly. b. Sections will need to be removed for inspection. Gen — Great Hall - Corridor Areas Ceiling Tile Removal and Replacement 1) Ceiling Tiles are to be removed in: (ref. drawing Lower Section P Great 1-Jill Surrounding ceiling) 2) Note: Existing Spline Ceiling tiles will be removed and replaced yridt ceiling grid and lay -in 2x2 tiles. Location of the new ceiling will be the same height as the old ceiling, to use existing sprinkler heads and sensors. 3) Neyv Ceiling Grid — Armstrong, Techl.iric 877 Arnietro rg, Prelude XL 15/16" Exposed Tee System. (Ref. attached .Armstrong specification.) 4) New Ceiling'I'ile — Armstrong, l'echl.,ine 877 Armstrong, Cortega, Cortega Second Look, Square Lip - in and Tegular, medium testurc tiles. (Ref. attached .Armstrong spec) 5) Tire Alarm — I xisting Sprinkler heads and sensors will remain and he reused in the new ceiling at same locations. 6) .Audio System — Laisting Audio scstem gill remain and be reused in the new ceiling, it same locations. 7) Lighting — Idsisting Lighting will he replaced. 3) IJVAC Grills and Registers — Existing I IVAC Grills and Registers Dill he reused in the new ceiling at the same locations. 41 is i 42 • Unless specifically noted in the Scope of Services — no piping covers have been included. • If applicable - the and carpet in -fill strips will match adjacent existing as close as possible but ant exact match cannot be guaranteed. • If applicable - existing ceiling tiles will be removed and reinstalled. New ceiling / grid is not included in the Scope of Services unless specifically noted. 44 ATTACHMENT C SAVINGS GUARANTEE GUARANTEED SAVINGS AMOUNT• GUARANTEE PERIOD Ameresco hereby gumnntees io Customer that the amount of the Animal Savings shall equal or exceed the "Grwmntccd &rrdngs" (as specified in Table C-1 below), over the Guarantee Period (defined below). The Annual Guaranteed SaNings Amount is made up of three (3) savings components: 1. Energy (liacctric and Gas) Savings; 2. Operational (0&'�1) Cost San-ings; and 3. Capital Corr. \coidancc Savings. Calculation of the Annual Savings, inclusive of Agreed Upon Savings, shall be performed under, and governed bv, the methods, formulas, and procedures described ill the Musurement and Perification Plan set forth in Attacbmcmt G. Table C -I 1 $82,268 O&M Capital Cost $6,500 $362,936 Total Gumanteed 5451,704 2 $84,736 $6,630 $370,195 5361,561 3 $87,278 $6,763 $377.599 X71,640 4 589.897 $6,898 $385.151 5481,945 5 $92,594 $7.036 $392,854 S492,483 6 $95,371 $7,177 $400,711 5503,259 $98,233 $7,320 5408.725 5514,2'8 8 $101,180 $7,466 $416,899 $525,545 9 $104,215 $7,616 $425,237 $537,068 10 $107,341 $7,768 $433.742 5548,852 11 $110,562 $7,923 $442.417 ~560,902 12 $113,879 $8,082 $451,265 $573,226 13 $117.295 $8,244 $460.291 558.,,829 14 $120.814 $8,408 $469.496 5598,719 15 $124.438 $8.577 $478.886 5611,901 Tlie Guarantee Period shell be 1.5 scan unless ternin;ucd earlier as :t result of termination of the :\grecnlcnt or of the \Id\' Services described in Attachment G. CUSTOMER REVIEW '11e Customer has Tcviewed the Guaranteed Savings calculations, assumptions, and mctlnodolog ca contained in the >kC \' Plan and the Bascline set forth in ,Ntrachment G, slid the Standards of Sen•ice and Comfort set forth in .. \ttsd�mneni lI and finds tlicnl to be reasonable. 45 ATTACHMENT I) (1) DELIVERYAND ACCEPTANCE CERTIFICATE PROJECT COMPLETION LOG List items Notes (special instructions etc.): Items furnished to CUSTOMER with this Deliver. and Acceptance Certificate: ❑ Receipt of owner's m:unrds: sMg. ❑ Receipt of instruction and training: ❑ Completion of inspection and walk- through. ❑ Reccipt of warratn information. 'flle• punch list items arc• hereby completed in accordance with the Agreement. Customer agrees thar the Agreed Upon Savings hax e been satisfied for the teen of the Guarantee Period. Total Agreed Upon Savings $ GUST( M:R III: Title. Date•: 46 ATTACHMENT D (4 PERCENT COMPLETE ACKNOWLEDGEMENT CERTIFICATE Customer hereby acknowledges receipt and acceptance of the portion of the Energy Conservation Mlcasure (the "ECJI") described in Attachment 13 to the Encrg) Semces Agreement (the "Agreement ") dated 201 between Customer and Ameresco. Customer certifies that the work described in the related application for papmmnt submitted by Ameresco has been completed in accordance uirh the Agreement and that the ECM(s) are _ percent complete, as substantiated by sufficient detail provided by Ameresco. Customer agrees to make payment to Ansresco as set forth in Section 4 of the Agreement. Date accepted bl Accepted for: .\cccpted bp: Name: Title: ACKNOVL EDGM ENT OI' AMII:RISCO Ameresco hereby ac'knmyledges that the total amount due based upon percent complete for the ECMPs described iu Attaehment B, and the Notice to Proceed, hereto is S Date Accepted by amcreseo: Accepted for: AM FRESCO, INC. Aceepied by: Name: Title: 47 ATTACHMENT D W SUBSTANTIAL COMPLETION CERTIFICATE PROJECT NAME & ADDRESS: PROJECT NO.: CONTRACT DATE: DESCRIPTION: 'llhe installation of Mist each EGG being accepted mdth this certificate) under the Agreement hal/have been reviewed and found to he substantially complete. The date of Substantial Completion of the forgoing LC—N(s) is heretic established as: SUBSTANTIAL COMPLETION DATE: The date of Substantial Completion of an lECil is the date when such I.:C \I is sufficiently complete in accordance with the Agreement No that Customer derives beneficial use thereof. Customer agrees that the Agreed Upon Savings associated with the ECM, listed have been satisfied for the teen of the Guarantee period. Agreed Upon Savings $ The Substantial Completion date act forth above is the date of commencement of applicable w armnties for such lEC\I(s), as required by the Agreement. A list of items to he completed or corrected is identified below as punch list items. CONTRACTOR: Ameresco, Inc., 111 Speen Street, Suite 410, Framingham, Massachusetts 01701 AUTHORIZED NAME: (type or CUSTOMER: AUTHORIZED NAME: (npe or print). DATE: DATE: PUNCHLIST ITEMS 9ttach additional page(s) as necessan.. Dumber of pages 48 [Please Print On Customer Letter Head] ATTACHMENT NOTICE TO PROCEED MONTH DAY YEaR Louis P. Ahdtezos Executive Vicc President Anreresco, Inc. 150 N. ,Michigan Avenge, Suire 420 Chicago, IL 60601 SUBJECT: NOTICE TO PROCEED Mr. Maltezos: 11r accordance with the terms of the Eliergv Sen•ices .-Agreement dated March _, 2015, the City of South Bend, Indiana, hereby issues this Notice to Proceed to Ameresco in relation to the Scope of Semces set forth in such agreement. Sincere]\ Cite of South Bend, IN Nano: 'title: 49 Change CUS'I'O.NfVR: Department: ATTACHMENT CHANGE ORDER Request Project No. Contact No. Site: Title: I. REQUEST Date: (a) Requested by Of (b) Description of change II. AMERESCO's AGREEMENT No. For all costs involved in thin change including extensions of time herein requested, Anu•resco proposes to perform the work described in accordance with the provisions of the Agreement for the price a, follows. Payment sball be made on the basis of: (a) Predctemuincd lump sum toad of Place an "N" beside selected proposal method and strike out either (add) or (deduct) whichever does not apply. If ine•eessan', attach detailed estimates ;cod breakdown for above in accordance xcidt change order instntction. A doim for uvork perfotnccl Under protest may be submitted per (c) above. .\ ITACI INIHNTS jl'ailor to Ch ;m e Order and Sco e :111 references in the Agreement to Attacbments shall also mean and refer to Attachments:\ -_, 13-_ etc., as a separate scope of Work. .lttachments A -1 throu gli 1 -1 ,ball be read and construed sepu:tely from Attachnunta A -_ through 1 -_ All other provisions of the Agrecinem not expressly modified by this (:]range Order #_ shall remain in full force and effect including, but not limited to, Section 2> of the Agreement, Representations and Wiminties, Which representtious and oarrantie> arc incorporated herein by reference pith respect to this Change Order IN WITNESS WFIEREOF, the Parties hereto have caused this Change Order #_ to be dull- executed and 50 delivered by their proper and duk authorized officers. AMERESCO, INC. BY: Louis P. Miltuos, Bv: Title: Executive Vice President Title: Date: Date; (Signature Required) CUSTOMER APPROVAL: CUSTOMER 51 Contract narcl S Previous Additions Previous Deductions Bv: Net Total 'Title: 'Phis Change Date: Total S 51 ATTACHMENT G MEASUREMENT AND VERIFICATION PLAN; METHODOLOGY OF CALCULATING SAVINGS SECTION 1: SAVINGS MEASUREMENT AND VERIFICATION Utility Rates Table G] Summarizes the baseline tttiliry rates. 17tese rates were used in establishing the Baseline and calculations in this Attachment G. Throughout the Tenn of the Guarantee Period the utility rates ill Table G 1, escalated at 301,, per rear shall be used in dctermtining Annual Sayings. 'lhis escalation factor is based upon the Feder-al Encip Management Program (FEM13) 1311ergc Escalation Rate Calalator (EIS.(', 2.0 -13) tool which is developed using historical utility information. The Customer acknowledges and accepts the utility rites set forth in Table G1 a reasonable. Table G2 summarizes baseline data received br Ameresco from Customer. Table GI: Utility Rates All Buildings $0.079 $4.70 $0.572 Table G2: Existing Utility Information Measurement &Verification Overview For each Guarantee Year for whit h Ameresco is obligated to provide \Iel\' Scc•rviec•s, Ammresco will complete the anuu;d . \4l \' Srryiecs as scl forth herein and document its findings. including the detcrmrimtion pf annual savings, ill the ;turn1l Nl& \' Report .lmereseo shall submit to Customer as set forth below. The approach to \IcC \' is based on the lntemational Performance \Ieasnrenent ate] \'etifreation Protocol (IP \I\ P) Volume 1 2012 (Januar 2012). IPJINI\P \'olumc 1 is a guidance document describing common practice in measuring, mnhputing, and reporting savings achieved br energy or water efficieuc% proiccts at end user facilities. '111e IImU\'P presents a fr:unework and the four M&fi - options. For purposes of this Agreemem, the Parties have also included an additional M&\' Option — "agreed Upon" sayings. "Agreed l'pon" savings are not Subject to mu•asuM)WIlt or Verification and do not include measurement and verification activities and is utilized on I.i(:AIs where the costs to accurarely calculate, measure, or monitor the projected savings would be ere•ater than the anficinated sarines value. 52 Savings are determined by field nlcasurement of the key performance partnleter(s) which defuse the energy use of the P_01's affected sestenl(s). Estimates of the ]loll -key parameter are used for the savings calculations. Savings are determined by field measurement of the energy, use of the ECNI- affected system. Savings are deternined by measuring energy use at the whole facility or sub- facility level. Savings arc determined through simulation of the energy use of the whole facility, or of a sub- facility. Simulation routines are demonstrated to adcuuately model actual energy performance measured in the facility. 'I'lie, model is closely calibrated lvith data collected for Each EiCTI. Used where cost to accurately calculate and /or pleasure sayings would exceed anticipated savings or in situations where the risk associated with the calculated savings anoint does not justify the cost of on- going measurement or verification scnvices. "fable G3 sets forth the ' methods to be used for the various GCMs and the details of the plan execution. 53 �5 U v w N b 0 'F c Y ° N d C7 u rt a u a`• v N u 7 •a y N U N R `o b b N u � O •a a• a u m c E 6 ? u E � 'a a �a U W � w.E n u y � E o s` E gyp. p •„P.y,' n y A egr ed Upon Energy Swings lle _Annual Savings identified in the table below are .agreed Upon Savings for the First Guarantee year documented by the calculations and methodologies described in this Attachment G and are not subject to Measurement or verification. In each subsequent Guarantee Year, the Agreed Upon Savings shall he escalated at it rate of 3.0 114, per year to de•rern inc rile Agreed Upon Savings from these measures for such Guarantee Ycar. 11ris escalation factor is based upon the hederal Energy i\faoagcoeat program (FEMP) Energy Escalation Rue Calculator (EERC 2,0 -13) tool which is developed using historical uriliry information. The parties have reviewed the savings in Table G4 and the Customer agrees and accepts thin upon Substantial Completion of the related I:CC11s the Agreed Upon Savings set forth in'rable G4 below shall be deemed achieved and included, with appropriate escalation as set forth herein, in the ;Annual Savings determined for each Guarantee Year. Table G4: Energy and Water Agreed Upon Savings for First Guarantee Year Agreed Upon Operational Savings and Capital Cost Avoidance Savings The annual operating cost savings and capital cost avoidance savings identified in'Dable GS below are Agreed Upon Savings for the First Guarantee Year documented by the calculations and methodologies described in this Attachment G and are not subject to measurement or verification. These savings have been reviewed and an:lpzed by the Parties and mac include but lire not limited to: repair and maintenance coat reductions; deferred maintenance backlog cost reductions; and other long term operating cost savings. In each subsequent Guarantee Year, the Agreed Upon Savings - Operational and Maintenance Savings in Table G5 shall be escalated at s rate of 3.0 "'o per year to determine tile• Agreed Upon Savings from, operating savings for such Guaraince Year.. -1-his escalation factor is consistent will, the rate used for energy savings which \N-as based upon the Federal Hnergl' Managcmcnt Program (FEMP) ].;nervy Escalation Rate Calculator p ERC 2.0 -13) too] which is developed using historical ntilin information. '17,r Cnstonu•r it and accepts that upon Substantial Completion of the project, tile Agreed Upon Savings set forth in Table GS below shall be deeote•d achieved and included, with appropriate escalation as set forth herein, in the Annual Sayings determined for such Guarantee bear. Table G5: Operational Agreed Upon Savings for First Guarantee Year PCA11Bui1d5ng —cedUpon S:ninvs Operational and Maintenance Saving, S6,5o0 Capital C:nsr. . \voidoncc• Savings $362,936 Total Operational and Capital Cost Avoidance Agreed Upon Savings in First Guarantee Year: $369,436 M &V Services .Aincresco will perform tilt• Nl&V Scryiccs and submit to Customer a mea,uremrnt and verification report, whicl, Shull indude a guarantee reconciliation (tile " \I & \' Repot••) upon the later of (i) ninety ()0) dal's after tit• end of each Guarantee Scar and (ii) Sinn' (60) day, after An,c•reseo receives or obtains :111 utility billing and other enet ;5n usage dart necessary for.Ame•reseo's contple•tiou of the Guarantee Reconciliation. The, \feC\' 1Zeport will include a calculation of the cunndatiyc.Annual Savings achieved in relation to the cumulative Guaranteed Sayings for the period being reconciled. 'lle Nl&V Services will be performed :red an Annual \I &\' Repot delivered for Guarantee � eux 1 through 15 55 of the Guarantee Period. By written notice to Ameresco provided no later than ninery (90) days prior to the con»nencenycnt of a Guarantee Year, Customer, in its sole discretion, may elect to discontinue the AI &V Services, provided however, the Guaranteed Savings will be deemed achieved for the balance of the Guarantee Period and na fnrdrer Al &P Services will be perfomyed. ' lie Guaranteed Sayings will be dectned achieved for each year for which AI &V Services arc not required to be performed. The Customer must pay the stated M& V fee listed in Attachment I in each given year for the Nf&- \' Services to be provided as required by the Section 3(d) of the ESA. Failure to pat} the M&N' Service fee on an annual basis will result in ternination of the AI &V Services, and the Guaranteed Sayings shall he dectned achieved for the balance of the Guarantee Period. In the event of early termination of this .Agmement or of the AI&V $entices, unless termination is effective on the last day of the Guarantee Year then in effect, no Annual AI &\' Report will be produced for the Guarantee Year then in effect, and the Guaranteed Sayings shall be decoyed achieved for the Guarantee Year then in effect and for the balance of the Guarantee Period. Routine and Non - Routine Adjustments to the Baseline This Attachment D: Savings Alcasurcmcm and Verification Plan describes the specific oneasureoyent and verification plan for each cnergc conscrvition measure. Contained within each plan are the calculation fornndas for determining energy sayings, including adjusnnents to the energy baseline during the Guarantee Period to address routine and non - routine adjustments. Baseline adjustments for routine and non- routine adjustments are discussed below: Routine Adjustments Routine adjustments are changes to the baseline cnergc consumption due to factors vahich arc both significant to the cnergc consumption and var% predictable. Factors resulting in routine adjusnnents include, but lire not limited to, vyeather, building temperature setpoint, hours of operation, and number of occupants. Routine adjustments, if required according to the respective measurement and verificarion plan, will be perfotyned annually and will affect the perfornyvnce period in which the adjustment occurs only, and will not be continued into later perfomyancc periods. If routine ndjustnycnrs result in a reduction of rnergc savings and :ire bccond the control of .lnyereseo, the value of the savings guat:mtee will be reduced by the magnitude of the' routine adjuisnucnt. Non - Routine Adjustments Non- routine adjustments are changes to the baseline energy consumption clue to factors that are significant to the energy consumption but do not can' predictably. Factors resulting in non - rourinc adjustments include, but are not limited to, additions or reductions to the area of a building, changes to the use of a building, installation, modification, or replaccn ant of equipment, and changes to the building envelope. Non - routine adjustments, if required according to the respective nyeasurement and verification plan, will be performed once and will be affective for the renyainder of the perfurinance period. if non - routine adjustments result in a redaction of energy savings and are beyond the control of Ameresco, the value of the savings gnatantee will be reduced by the magnitude of the routine adjustment. Reporting of Routine and Nmy- Routine Adjustments Both Anycreuo and Customs r share rcepotysibilin in idcntifring rourinc and iron - routine adjnstncnts. Ameresco will monitor key parameters and perforny site visits as required per the mcasurement and verification plan. If, doling the course of these actions, .lnleresco identifies operations or changes to the buildings or systems that would result in a baseline adjustment, Ailleresco will notify Customer accordingly as outlined in the nye•asurenycnt and verification plan. Cnstonyer is nbligatod ro notify . \nu•resco wLcn nyatc•rial changes occur w8thin nc� facilities and provide additional information, if required, to perfonu baseline adjnsnneyts, including, but not limited to, equipment submittals, building plans, and dates that such changes occurred. .lmcresco will calculate baseline adjustments, wlyen required, and submit the results to Customer and it agents. Guarantee Reconciliation If, for any Guarantee Year during the Guarantee Period, the Guaranteed Savings is not achieved, as evidenced In- the fact that the cunmdative .annual Savim,s as detailed in the Annual \I&\" Report is less than the cumulafiye 56 Guaranteed Smings for the sante period, Amcresco shall pay Customer the amount (the "Sayings Shortfall-) by which the cuaidative Guaranteed Savings exceeds the cumulative Annual Savings, or, by mutual written agreement of the Parties, in lieu of making a payment of the Savings Shortfall Ameresco may rectify tine. Savings Shortfall through installation of additional EOM(s) or modifncations. Such payment, installation or modification shall be the sole and exclusive remedy of Customer in the event of a Savings Shortfall. Any such payments shall be included in the cumulative .Annual Savings tonal for purposes of future Guarantee Reconciliations. In addition, in the event of a Sayings Shortfall Aneresco shall have the right bur not the obligation, at Anteresco's sole discretion and expense, to install additional li:C'v](s) or modifications to mitigate ,lily future Savings Shortfall with the approval of Customer, such approval not to be unreasonably withheld, conditioned or delayed. If, in ant- Guarantee fear, the Annual Savings exceed the Guaranteed Savings for such Guarantee Year, it the Customer's option, the excess savings «ill either be used (i) to reimbunc Ameresco for any Savings Shortfall payments made in previous years, whother such payment was made in cash or through installation of additional F.Ols or (ii) included ill the annual Saviings amount for the succeedirgg Guarantee Year. Dispute Resolution .day disputc, claim or disagreement of any kind or nature between the Parties arising out of or in connection with this M&V Plan, adjustment to the Baseline or the Savings Guarantee shall be resoled in accordance with the Dispute Resolution procedures set forth in Section 13 of the agreement. 57 SECTION 2: METHODOLOGY USED TO CALCULATE PROJECT SAVINGS The mctliodology used for projecting savings resulting from the implementation of the proposed project is summarized in the followvtg equation: Annual Satins = E'rieW Savings + Operational Savings Operational Savings = Operational & Maintenance Savings (O &M) + Capital Cost Avoidance VItc•re: Annual Savings: 'Ilic total animal savings associated with implementation of this project. This is the savings figure (lilt will be used for comparison to the Guaranteed Sayings as part of the Guarantee Reconciliation, Fnetgy Savings: 77e. total 1>nergy Savings associated with reduction in crier@- consumption as a result of implementation of this project. Operational and Alainte.nance Savings (O &M): The total Operational and \laintenancc Savings (0& : \7) savings associated with reduction in operations, mainrenance and repair related expenses as a result of implementation of this project. Capital Cost Avoidaoee: '11iis is defined as future capital expenditures (outlay) that the Customer should have budgeted over a certain period of tine to eventually replace the cystern / equipment / etc. that arc included in the Scope of Services. This is an annualized value and is also referred to as avoided capital. The EC \Is included in the Scope of Services have been analyzed and the future capital replacement expenditures that would otherwise be associated with each ECU have been estimated and reviewed / discussed with the Customer. 1IVAC Calculations — arc derived from Pan and Pump Laws and are documented in: a. Pan Laws — 200S AST IRAP Handbook 1-ICAC Svstcnis & Euuinmtent P. 20.4 b. Fan laws — '1'rautr . \ir Crnnliriopi�, \fanud — : \ \IC.\ Standard — ? ?;i Tcst Code• (lit' Moving and ('ouclitioning Association) Bullerin 210 ].ightiitg Calculations — Wattage:z for all proposed lamps, ballasts, and tlmtres arc based upon mamtfacmrer's data which is determined in accordance with: C. JFSNA IAT- 9 and 1.\I -110 standard (Ilhnninating Engineering Society of North America) Roofing calculations arc derived front standard thennodvnantic and lieat transfer equations in compliance with .1011R\E and AFP standard methodologies.. Operational and Maintenance Sayings (O&U) are the result of a review of actual bills front the Clients location and the ratings that will he derived Front the elimination or moderation of those expenses by implenteniation of this project. As is common in the industry ,'Ilic O&M savings numbers represents less than 10ns: of the encrGr savings, leas than T %of the total O & \I Uudpet; nd Iess 1.''b of the lines items related to 1.i�htinG, Controls, and Mechanical work. Capital Cost Avoided Savings are based upon RS \[cans constriction estimates and those calculations are located at tite end of this attachment. 58 Summary of Annual Savings Century Center - City of South Bend Table Century Center KWH Therms De- rating Factor Guarantee kWh Guarantee Therms Guarantee Savings ECM No, Proposed lm rovement Average NemW Valueolnewrwf11111 0.012 ow lfr/Iv HaaUpadptlnlm OevmmMdMnO Rmnq Cg%104 Oggtnnl M DepeesF 1 Roofing Replacement 16,199 636 100:5 16,199 637.94 $ 1,694.63 2 Lighting Replacement 292,617 $Der6wm. 90'/0 263,355 0.00 $ 20,805.07 3 Lightingll - Upgrades 180,072 2]6U 90% 162,065 0.00 $ 12,803.12 4 HVACS Stem Up rades 661,257 f lim .f.,WKY(GgmstMIOMOW/3413)'C..M 900/ 595,132 0.00 $ 47,015.40 5 HVACCohtrolSstemUpgrades 6 Ceiling Tile Replacement and Up rades p^j 0,00 $ Totals 1,150,146 638 1,036,751 638 $ 82,268.23 The following details the savings calculations associated with each Energy Conservation Measure (ECM) included in Attachment B. ECM 1: Roofing Replacement 0In)nYfDnFA -r Rewaxxleffl alanAdAtbn Pr&aI Ciy OrsoYlsl Gomel -cwN ycnrritr r-2~. coRY.r4oR Cgntr mumnn -owC i] p., Roof Raphaencrit 41ewalraA� ReDlarorgere etlsfromJ MedIr WitlrTMw atldirylnwlatbn ANa Y411 resulnfrommwe I B.01 n. (Rai to, AHI swft l lie nwaretlam seuimew0l W setup forselarparels, Gu ner6m G bapem rea<M Orenm4eee. Gmnlrke YeYed: Tie rawrgl beteedreegmuallY far mMiYm m vetlH cerfomnllm D etl ng main W nee. D�IWH lee msmm¢rseall malntaintlrerlewmoleo-onliKm mono /amrreh(nmsmne)gu5deli Va' l Dev A. Vier, 1 x Toblereaofrpgraee fROOlaea) 112® seuarefeet Avenge Ulemd value alealsOUgroof (U1j 0.05 glV/Sa fr/M Average NemW Valueolnewrwf11111 0.012 ow lfr/Iv HaaUpadptlnlm OevmmMdMnO Rmnq Cg%104 Oggtnnl M DepeesF CoeYq selpentmlAammWtluerg oorBrq PVb910g1an1 72 Dep F AvengeartlmmmDer r(Avg/ClMn 11] DepeesF Avenge wOdoorfempenruetluri�rmnner (AVetlgoen dufi,, 74.0 Depe Awyaeataer Y�amrq ow $Der6wm. Hying airLnry(E1n Bg % Heaengmrt /a faellHlHmxn r QWZ $DtrAOBbr Hating lmuu PrwarErAlaloi�m Me�mn) 2]6U Iqunperypr Awyerul,iVemidbhlaxwO r SODR) $Her[NH CWIne aRCanry(Ffl) A % f lim .f.,WKY(GgmstMIOMOW/3413)'C..M n.15 $Per MlBm Dea0a8 noun wwrkr BU (04geain) WO hourSPerY Av W dlryomlPm y(CW.) N ewnW.a Hw,aw, SwbW= (W -U2)a ReofA x(llgremp- AVgrerry) xhdnusx(W /]SM Aon0000 an Ag.6Rl 6I79i lMrin CrcinB Solana savirgs=(In -U1)x RoolAreaxfrlLRmP- AVgannD) xCldrwnallDdluur /16Bf /S6� /1.000,000 ss 19 eam S6,]4J 59 PaoA Al17, tw A ]PS.1 ]86.7 1],UAW R 186] 31,11608 C A3 w ffi] 151]125] D 9,MW E 21067 ];86603 F W 11) 13215 ]$I1b1S Trial =W..M RatNwu.]rR R u Dl 04159 a 9oa oY PC �� \� \\ \��~ \\ \�( � 17. oj r MN , tjc nl ul. of . --c2— 13 nl 77. 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O M m N W H c 9 d ryG V � N .. yC w U F C m � 0 n 0 0 0 0 0 O O O p� O CR O O c A A N r w O v O a N o N 0 0 0 vii u�i n � a a V m N N v M N N 9 N O) W Q+ M M N m m O N M M E _ymy W Y a c %_m W � 9 y �m tYi N (O a c m T m T a m `o a a a a C w a A M pl W O C C N N V C O f N N N q F N m¢ pJ bi bi M w U O Q m0 O O O O O) jp c O t{O V N Q L t m N tli N• OW � a m m N J � � is .. � e N m a c m m m O m ug n C M W m > en » , m a a c c c c m m a � ryC m m N m m m A o> `0 0 o u `0 u C G C a C¢ C m m m p m a wC •� T T T T m C C C C C C J m n m' m• 07 a a ¢i as p� C C � ,Cm v c Q Q C � N p m N 0 m# mat mU# mU O M m m O m m 0 N c E c E c E c c E c L t L C L C S L C L m m rn m rn m rn o m rn O J 7 J> J> J J> J C m � 0 n 0 0 0 0 0 m M N O O � a a v M N 9 > N O N Y %_m W y �m 9 N (O a p � ° T a a a W ry C M W q F N N O V m '6 Q L � a N is .. � e m a m m O C M W m > en » m a � ryC m V o> o G D) wC rn J C 07 9 8 J c p� C C � ,Cm v c O O N CJ N C O y� m ry� a � C ECM 4: VFD Upgrades CENTURY CENTER -AHU -1 Supply& Exhaust Fan Install variable speed drives on AHU Fans: 37.5 ...TOTAL VAVFAN HORSEPOWER (FANHP) 70.0% ...COMBINED LOADING PERCENT OF ALL SUPPLY /RETURN FAN MOTORS (FANLOAL 85.0% ...COMBINED EFFICIENCY OF ALL SUPPLY /RETURN FAN MOTORS (FANEFF) 1 ...CURRENT VOLUME CONTROL (1 =CV, 2 =DD, 3 =1V) 5824 ...TOTAL FAN RUNTIME HOURS (FANHRS) = HVACHRS *WPY 10% ...PERCENT OF HOURS OPERATION AT 100% (100 %HRS) 30% ...PERCENT OF HOURS OPERATION AT 90% (90 %HRS) 20% ...PERCENT OF HOURS OPERATION AT 80% (80 %HRS) 20% ...PERCENT OF HOURS OPERATION AT 70% (70 %HRS) 15% ...PERCENT OF HOURS OPERATION AT 60% (60 %HRS) 5% .:.PERCENT OF HOURS OPERATION AT 50 %(50 %HRS) 100% ...SUM OF PERCENT OF HOURS OPERATION (Current) (FANHP / MOTOREFF -.746 KW/HP) * FANLOAD * ((FAN100 * (100 %HRS * FANHRS)) + (FAN90 * (90 %HRS * FANHRS)) + (FAN80 * (80 %HRS * FANHRS)) + (FAN70 * (70 %HRS * FANHRS)) + (FAN60 * (60 %HRS * FANHRS)) + (FAN50 *(50 %oHRS * FANHRS)))__ _________________: 139,416 KWH (Retrofit) (FANHP / MOTOREFF * .746 KW/HP) * FANLOAD *((1.0 * (100 %HRS * FANHRS)) + (.82 * (90 %HRS * FANHRS)) + (.65 * (80 %HRS * FANHRS)) + (.51 * (70 %HRS * FANHRS)) + (.38 * (60 %HRS * FANHRS)) + (.27 * (50 %HRS * FANHRS))) ______________________ 87,012 KWH 52,404 KWH 101 CENTURY CENTER -AHU- 2,3,4,5 & 6 Supply& Exhaust Fans Install variable speed drives on AHU Fans: 190 ...TOTAL VAVFAN HORSEPOWER ( FANHP) 70.0% ...COMBINED LOADING PERCENT OF ALL SUPPLY/RETURN FAN MOTORS (FANLOAC 85.0% ...COMBINED EFFICIENCY OF ALL SUPPLY /RETURN FAN MOTORS (FANEFF) 1 ...CURRENT VOLUME CONTROL (1 =6V, 2 =DD, 3 =1V) 5824 ...TOTAL FAN RUNTIME HOURS (FANHRS) = HVACHRS *WPY 10% ...PERCENT OF HOURS OPERATION AT 100% (100 %HRS) 30% ...PERCENT OF HOURS OPERATION AT 90% (90 %HRS) 20% ...PERCENT OF HOURS OPERATION AT 80% (80 %HRS) 20% ... PERCENT OF HOURS OPERATION AT 70% (70%HRS) 15% ... PERCENT OF HOURS OPERATION AT 60% (60%HRS) 5% ... PERCENT OF HOURS OPERATION AT 50% (50%HRS) 100% ...SUM OF PERCENT OF HOURS OPERATION (Current) ( FANHP/ MOTOREFF*. 746KW/HP) *FANLOAD *((FAN100'(100 %HRS *FANHRS))+ (FAN90 * (90 %HRS' FANHRS)) +(FAN80 * (80 %HRS' FANHRS))+ (FAN70 * (70 %HRS' FANHRS)) +(FAN60 * (60 %HRS' FANHRS))+ (FAN50 - (50 %HRS * FANHRS))) ___________________: 685,060 KWH (Retrofit) (FANHP /MOTOREFF' .746 KW /HP)' FANLOAD * ((1.0' (100 %HRS * FANHRS))+ (.82 ' (90 %HRS * FANHRS))+ (.65' (80 %HRS' FANHRS)) + (.51 - (70 %HRS' FANHRS)) + (.38 * (60 %HRS' FANHRS)) + (.27 * (50 %HRS' FANHRS))) ______________________ 440,862 KWH 244,198 KWH 102 Century Center • AHU -8,10, 11 Supply & Exhaust Fans Install variable speed drives on AHU Fans: 170 ...TOTAL VAV FAN HORSEPOWER (FANHP) 70.0% ...COMBIN ED LOADING PERCENT OF ALL SUPPLY /RETURN FAN MOTORS(FANLOAD) 85.0% ...COMBINED EFFICIENCYOF ALL SUPPLY /RETURN FAN MOTORS(FANEFF) 1 ...CURRENT VOLUME CONTROL (I =CV, 2 =DD, 3 =1V) 5824:... TOTAL FAN RUNTIME HOURS (FANHRS) = HVACHRS *WPY 10% ...PERCENTOF HOURS OPERATION AT 100% (100 %HRS) 30% ...PERCENT OF HOURS OPERATION AT 90% (90 %HRS) 20% ...PERCENT OF HOURS OPERATION AT80 %(80 %HRS) 20% ...PERCENTOF HOURS OPERATION AT 70 %(70 %HRS) 15% ...PERCENT OF HOURS OPERATION AT60% (60 %HRS) 5% ...PERCENT OF HOURS OPERATION AT 50% (50 %HRS) 100% ...SUM OF PERCENT OF HOURS OPERATION (Current) (FANHP /MOTOREFF *.746 KW /HP)`FANLOAD *((FAN 100`(100 %HRS *FANHRS))+ (FAN90 ` (90 %HRS * FANHRS)) + (FAN80 * (80 %HRS * FANHRS)) + (FAN 70 ` (70 %HRS * FANHRS)) + (FAN60 * (60 %HRS * FANHRS)) + (FAN50 ` (50% HRS ` FANHRS))) 613,500 KWH (Retrofit) (FAN HP/ MOTOREFF *.746 KW/HP) * FANLOAD * ((1.0 * (100 %HRS ` FANHRS)) + (.82 ` (90 %HRS ` FANHRS)) +(.65 * (80 %HRS' FANHRS))+ (.51 * (70 %HRS * FANHRS)) +(.38 * (60 %HRS * FANHRS)) + (.27 * (50 %HRS ` FAN HRS))) _____________________= 394,456 KWH 219,044 KWH 103 Century Center - Chilled Water Pumps Install variable speed drives on CWS Pumps: 900 ...TOTAL CHW SECONDARY PUMP HORSEPOWER (CHWPHP) 900.0% ,..COMBINED LOADING PERCENT OF ALL CHW PUMP MOTORS (CHWPLOAD) 85.0% ... COMBINED EFFICIENCY OF ALL CHW PUMP MOTORS (CHWPEFF) 2,739 ...TOTAL PUMP RUNTIME HOURS (PUMPHRS = HVACHRS /168*CHPY) 15% ...PERCENT OF HOURS OPERATION AT 100% (100 %HRS) 30% ...PERCENT OF HOURS OPERATION AT 90% (90 %HRS) 25% ...PERCENT OF HOURS OPERATION AT 80% (80 %HRS) 20% ...PERCENT OF HOURS OPERATION AT 70% (70 %HRS) 90% ... PERCENT OF HOURS OPERATION AT 60% (60%HRS) 0% ...PERCENT OF HOURS OPERATION AT 50% (50 %HRS) 0% ...PERCENT OF HOURS OPERATION AT 40% (40 %HRS) 0% ...PERCENT OF HOURS OPERATION AT 30% (30 %HRS) 100% ...SUM OF PERCENT OF HOURS OPERATION (Current) (CHWPHP *0.746 KW/HP /CHWPEFF) *CHWPLOAD *PUMPI 240,405 KWH (Retrofit) (CHWPHP /CHWPEFF *.746 KW /HP) *CHWPLOAD *((1.0 *(100 ° /aHRS *CHWPHRS))+ (.9A2.5 * (90 %HRS * CHWPHRS)) + (.8A2.5 * (80 %HRS * CHWPHRS)) + (.7 ^2.5 * (70 %HRS * CH WPHRS))+ (.6A2.5 * (60 %HRS * CHWPHRS)) + (.5A2.5 * (50 %HRS * CHWPHRS)) + (AA2.5 * (40 %HRS * CHWPHRS)) + (.3 -2.5 * (30 %HRS * CH WPHRS))) _________________= 152,301 KWH 88,104 KWH 104 CENTURY CENTER -Hot Water Pumps Install variable speed drives on Hot Water Pumps: 60 ...TOTAL HW PUMP HORSEPOWER (HWPHP) 80.0% ...COMBINED LOADING PERCENT OF ALL HW PUMP MOTORS (HWPLOAD) 85.0% ... COMBINED EFFICIENCY OF ALL HW /CW PUMP MOTORS (HWPEFF) 31725' ...TOTAL PUMP RUNTIME HOURS (PUMPHRS = HVACHRS /168 *HHPY) 15% ...PERCENT OF HOURS OPERATION AT 100% (100 %HRS) 30% ...PERCENT OF HOURS OPERATION AT 90% (90 %HRS) 25% ...PERCENT OF HOURS OPERATION AT 80% (80 %HRS) 20% ...PERCENT OF HOURS OPERATION AT 70% (70 %HRS) 10% ...PERCENT OF HOURS OPERATION AT 60% (60 %HRS) 0% ...PERCENT OF HOURS OPERATION AT 50% (50 %HRS) 0% ...PERCENT OF HOURS OPERATION AT 40% (40 %HRS) 0% ...PERCENT OF HOURS OPERATION AT 30% (30 %HRS) 100% ...SUM OF PERCENT OF HOURS OPERATION (Current) ( HWPHP* 0. 746KW /HP/HWPEFF) *HWPLOAD *PUMPHRS 156,915 KWH (Retrofit) (HWPHP/HWPEFF *.746 KW /HP) *HWPLOAD *((1.0 *(100 %HRS *HWPHRS))+ (.9A2.5 * (90 %HRS * HWPHRS)) + (.8A2.5 * (80 %HRS * HWPHRS)) + (.7A2.5 " (70 %HRS * HWPHRS)) + (.6A2.5 * (60 %HRS * HWPHRS)) + (.5A2.5 * (50 %HRS * HWPHRS)) + (.4A2.5 * (40 %HRS * HWPHRS)) + (.3A2.5 * (30 %HRS * HWPHRS))) ___________________ 99,408 KWH 57,507 KWH 105 Cost Avoidance Calculations City of South Band • Century Center Building Area (sq -n): 225.000 Methodolont I Avoitleti Cost is defined as the COST of WAITWG,(Fulure Cost) MMUS TODAY'S MST(Cument Cost) 2 Current Quart costs are based on are calcuaged using RS Means estimates and may wry from actual project costs In this contract. 3 ECM Descdplions & costs are shown as (CUnent Client Cost) 4 Conant cost is adjusted by annual inflation factor over the project duration (years) In addition to miscellaneous adjustment 5 factors as listed in Assumptions then calculated 8 shown as (Future Client Cost) 6 Annual payments for the Future Cast are summarized oser the Project duration (total years) and shown as (Future trial Annual pots) 7 Awided Cost Is the difference between financed (inure cost and current cost ciNded by Project duration (total years) Unplanned equipment relacementfactor Economy ofscale factor for multiple proegs - 7.00Y Comin ehc Sga Other - 0.00 Other p, Other Inflation compounded annually for Nper years in resulting calculations • ENTER ANNUAL rate here 106 ATTACHMENT IH- TRAINING Ameresco shall provide training on the intent, design, operating requirements and operational and maintenance requirements for all LCAls installed. ]lie following section defines the intent, personnel to be involved, logistics, and tracking and documentation for the Training Plan that shall he provided by Ameresco. 'Ilre table below indicates total number of training hours per SOW. 1 Roofing Replacement 0 2 Lighting Replacement 8 3 Lighting II - Upgrades 8 4 HVAC System Upgrades 8 5 HVAC Control System Upgrades 8 6 Ceiling Tile Replacement and Upgrades 0 Training will be broken up into four (4) hour segments covering. • General operation and overview • Commissioning • Programming of lighting and HVAC control systems. Timing of training will be scheduled around Century Center Staff needs. 107 ATTACHMENT] MEASUREMENT AND VERIFICATION FEE SCHEDULE .Fees for M &V Semites will be due and payable as provided in Section 4(d) of the ESA. Year M &V Cost Year $5,696 Year 2 $5,867 Year $6,043 Year 4 $6,224 Year 5 $6,411 Year 6 $6,603 Year? $6,802 Year 8 $7,006 Year 9 $7,216 Year 10 $7,432 Year 11 $7,655 Year 12 $7,885 Year 13 $8,121 Year 14 $8,365 Year 15 $8,616 Fees for M8"V Sen ice, are based on Customer's compliance rvith its obligations to provide enerl;y usage data, including remote access to, and the collection of data from, the Monitoring System. 108 ATTACHMENTI CUSTOMER'S MAINTENANCE RESPONSIBILITIES; STANDARDS OF SERVICE AND COMFORT Customer shall be responsible to provide preventative and remedial maintenance to all installed equipment. Manufacturer's operations and maintenance (O &Af) manuals, which include maintenance recommendations, shall be submitted at the conclusion of the installation portion of this agreement. In addition to any of its other obligations under this Agreement, Customer agrees to operate and maintain all I1CA1's to the standards set forth in this Attachment J and in the manufacturers operating and maintenance manuals delivered to Customer by Ameresco. Deviation from these standards may result in adjustments to the Baseline, the Guaranteed Savings or the determination of Annual Savings. Space temperature set points for locations served by new controls and programmable thermostats vvill be set and maintained by Customer as shoum ill the tables below. Ameresco shall not be responsible for existing JJ VAC equipment (IIVAC equipment not replaced as part of project) ability to meet the space temperatures provided ill tile following tables. J 4or locations where ;lmeresco is installing new I iVAC equipment all new equipment shall provide space comfort conditions during the applicable warranty period as specified in the individual ECAl Scope of Work provided in attachment B. Heating Set Points: Cooling Set Points: Refer to Attachment G for operating hours to achieve the Guaranteed Saviikogs. Appendix A 109 c noun 1 fill 1E .•Lr r�S.fo i�Q Ultra Ply7m TPO InvisiWeldTM System 5.10, 15, 20 Year l Re0lvvwkl � DUILDiRGPRODUCTS Various Decks Warteny = 1. Firestone UIIMPIym TPO Membrane _ 2. In*W' eld- System Attachment 3. Mechanically Attached or Adhered Cover Board �. . (Optional) 4. MechanicallyAtlachetl insulation 5. Steel, Structural Concrete, Wood or Metal Building Recover as 10 . s. Slope Requirement Deck Requirement Seaming Requirement Positive slope required forwanwiy. a O MWmum 22 Gauge Simi Firestone 1.5^ Single Weld system (we robot ConStlU lion Type O MWmum 3000 psi Structural Concrete welder). Joint covers are required a1 INjoinls NewOOnsWclion. Complete lear-eff. or recover 11 Minimum 12 "Ptywood and at angle Menges 1:12 or greater. w/ih arty wet or damaged materials removed prior 0rAnlmum 7 /16^OS13 Seam Attachment —Metal Building IokutaVakn, D Metal Building Recover (MBR) Recover Only: T Building eight Limitation Fastener a g Type D12^ oA. in the field using Plain Fastenema Nl2ngs12'(36.6sMVdtl Systems are O Fastener lolftWekl Plates, Will inlepmediale Insulation lintel to (Steel Wood my O Firestone Heavy Dm pedmdu and Use of Air Bar120'138.8 n) or less.. (Steel or Wood Only) anehined and W o.e. in the Use of Barrier lv yive Air eft Fastener comers.M=S' rl0padng In M In Me field o Firestone Concrete Drive Fa5lener large and matlmum Srowspatlng In me perbnenrs. Ana 1p bonier brequired for0%o( arcs, Ieningsrdeds greater than etot Fastener (MBR 0 used, l0%of the total (Concrete Deck Orly) Edge Metal System area.lfaU baMer(s used,ux the fully adhered �) Oembr ❑Flresfone EtlgeGardv'Syd6m ne Re Baserie4nhment mica. Membrane Requirement O Firestone AnchorGard- System Baste Tk•ihs Max.15 Year Warranty. O Firestone Coping System oI eswMMtion. OUIba livTPentir. Minimum 0.045^ O Frestone TCrminaUOnBv Must beaof 20YOar. Wammtg 000 IN) In OPoeslone AAaninum lain bar Increased Win (1 kpeed any tldCoa Increased Wind Speed and Codes o ulkaPlyTPO, Minimum D.ofio^ Anyvnnd speed coverage exceeding 55 mph (88 knuh) or projects Will come requirements must be reviewed by a Firestone Roof Systems Add6or. InvisiWeld Plate Attachment Rates (Field — Perimeter— Corner) Insulation (Top Layer) d'xa' Covetomard(Op1Nrm0 12'orl.0^Fmerro Wood Fiberfloard 68.12 1r1'FUeskM,s ISOGARDw HDCoveraeard 6.9 -12 1.0' to 4.0'Firestone ISO 95. GL or RESISTA Insulation 6-9.12 1/ 4•, 12 '.or5rWSECUROCK6- DamDed*(Prkc) 1 6.9- 12(6942) Detail Description Wall Temilnstbns: Firestone Tem naUm Ow WEh APSealantapp6 dabn9Neradkbp. Surface mvmlMOrNxnal courtrr�styn9rmyalso _ be uses N avc0 rtlance Y4N curem Fissions decals. Gabs, wars. andexpansionldMS must beenchoredvAlhappropnatebax rxr-ul tltlail tidier us'vg seamdaes and Feslmvs. ualo mdeNy Refnror inp(Rinirnup and6aUmn SlipsTMCaa Se an pules. orImiIr Curb8Wa11 Flashings: Curbs is musbelshed ashng.eners a U6Ngmrvmum 0065 UeaNy TPOMemen tdble, Curb DePDIB^ Cud, be sealed Ftashirgs may besealed vndh welded ddaasvr WmPy gddSeanp4dras rA:m aozdaue. Oebils maY aoo . TPOg. 'vddude TPO Coaled Mehl. ComOrs: UltraPty Too lmidefOtsltle Comers or UflaFfy Oudsearn C. Ffosla:lg. Roof FAgoslParapels: FUeslerm MdlorGardn' aEdatGard- Fascia. Dram Barsysladn ANSUSPRI ES- Ind" may aW be used/ Zn*[a flesbK Cad S error UamPly TPO Coaled Medal. Do not ux kwisWeW Piatesror morN9e seeuerenl Penetrations: Flash vim UltraPty QridSeam or lFmNy Pipe Funning lv.Eldable). UvaPly TpO PeneUaUOn pool or lair fabdrate v(N IIftmMy TPO Unsupported Fbshig. Norcs: f. Fnvareeaeim 'bruermmMaweSeev:.m.W. t Pe' lr lawiFM1YIYArKlnialgYpNlpA'.+ �YLwnvnrvmm�bslfOMdiubi.N4MNp]6p WYy 1Po/tr/$yYCms a. Rn'wMPeF25fOnep4YeMYrY`Mbotlk NYlfSbeM[i NAa9e'pt/.b.'MKI FitYMGPTmxarX MmRbx' Vme 1 444Y,6a /s PlloW aabatldQNpiiX =nm Gym�ude. 56 . 'we (Aa)Cxee4akHnVmxewve XUSG fArLOalm. Firestone Sending Products Company, LLC 08-TPO -227 250 Wnl 9PSoen•ludanspoh. U116260 Rev. 3292013 Tedtob .l.apa4284$11 -Sales: 1�28�2•w ..Imstpctgcordn 111 MAN EXISTING FLASHING SECTION 5 Reference Appendix fox addition details and specifications. NEW FLASHING SECTION J5 auu :Vr. r.e Roof Sections G — Green Roof 1. Remove existing roofing sestem to the deck. 2. Install new R -20 Firestone Pokisocvanurate. 3. install new Pulls Adhe•red'IPO roofilw srste•m in aceordvue to receive a Firestone Red Shicid 20 tear Wanwm'. A. Remove existin{ wall and curb (lashings and install ncw'fPO fleshings as per Firestone's reconuneudarions S. Remove existing reall coping; and reuse if applicable or install new 24 ga. Firestone copings- 112 ir¢ston¢ UltraPlyrm TPO Membrane 5, 10, 15, 20 Yew BUILDING PRODUCTS Mechanically Attached, Steel Deck Red Shield"' Warmny 1. Firestone Uftmloy- TPO Membrane 2. Mechanical Attachment Method 3. Mechanically Attached or Adhered Cover Board (Optional) 4. Mechanically Attached or Adhered Insulation 5. Steel Deck Sample Assembty Showm, . Consult Fitestono ToCnwcs; Specifications Guides "Oro Details '11 wv;m Firestonebteco com Slope Requirement Deck Requirement Seaming Requirement Pattie slope requiredforwaneMys ❑ Minimum 22 Gauge Steel Firestone l.9'Single Weld System (use robot Construction Type Fastener Type welder). Join[ cdmrs are required at en joints and NowNew construction, complete fear-off, or reccre r O Firestone Heavy Duty Fastener at angle changes 1:12 or greater, any wet or damaged materials removed prior 0 Firestone Heavy Duty Plus Fastener Membrane Attachment to Installation. O Firestone HellGardn' Fastener fwOhHellGard Max 15 year waman[y: But Height Limitation Ganowffie Soardor OSS oM}j OMaximum t2'ROx Spacing. Festenes Spaded Fireston e UlvaPyT TPO Mechanically Attached Insulation Adheshle" Maximum 12 -o.e. Systems am limited to buildings 120'(36.6 m) or D Firestone I.S.O. Twin Pack- Ins tlefion Ad esim 20 Year Warranty: URmPIy TPO, 0.045 ": less. D Firestone I.S.O.Spray'• B Insula0n Adhesive ❑ Maximum 12 Row Spacing, Fasteners Spaced use Of Air Barrier ❑Firestone I.S.O. Fix° Il Insulation Adhesive Maxinum6'ox. Anelr border is required far projects with large Cl Firestone l.S.O.Sdckn' InsulaBm ATesye 20 You Warranty: Ultrairly TPO, Min 0.060': wall openings greaterthan 10%of Me We] well •Nate Max4'x4'boadsmuaWusWwhenaaechHg OMaximum l2 Rome Spacing, Fasteners Spaced was. .If alr banner is used use the fullyadhered unulaaen We sdhedws. awning oree maw aeck Maximum IT ox. Insulation attachment rates. mattes Mad er..woceadng me Jr. Edge Metals ern Base Tiedns Adhesive Attachment Fl stone EcigsGudire system Must tot e u of 200 O Bead Spacing: F. 12', P: 42', C: 17 O F1MStoneAndlerGwd- System minimum keeenydir kN) In anydre tic.. O Firestone Cgping System Wind Cod O Fue Application Q.S.O.Spray S Insulation Increased Wind Speed and Codes O Flmstme Tmmina0a Bar AcnesAe Any wind speed coarage exceeding 55 mph O Firestone Aluminum Drain Bar Membrane nle Membrane Requirement km/h) or projects with codes requirements (88 k req must be reviewed by a Firestone fief Bystems D UftraPly TPO. My Thickness Adviser. O ReflexEON- TPO, Any Thickness Insulation Fastener and Insulation Plate Attachment Rates Insulallon(Top Layer) 4'x8' Coverboard(Optlonal ) 41x8' 1.01 to IA' Steslme 15095)"' GL 5 12' a 1.0' FEerT Wood Fiber Bard (Max. 15 Year Womanly) 5 12' Firestone ISOGARD- He Cesar Board 5 or RESISTA- Insulation 1.5- to1.9'Firestone ISO 95+ GL or RESISTA Insulation 5 1/4' SECUROCKS Glass -Mat or DensDeckOi tPrime) 55/(5) 2o' to 40' Firestone ISO 95. GL on RESISTA Insulation 5 12' SECUROCK Glass-Mat or DwsDeck /(Pdme) 551(5) Firestone Hell(fardn' Cam Bard 5 518' SECUROCK GIess-Mat or Dens Dec), l Prime 5Sr5 Detail Description Wall Terminations: Firestne TermineSn Barwdh AP SeataN applktl abnpth edklP. Sudaze mountM alaedetl cpuNerflasNnp may also be used in aaadance with currant Finest.. detmis. WAs, walls, and expansion Jones must be anchored with appropriate base le,fn detail, either using seam plems and fastener Curb&Wall Flashngs: among U1mP(y0ukkSeam Reinforced Perimeter Fuleig(RPr)Sbp and Fallen Strip orrill"Seam gates. Curbere be s must beflashetl amp minknvn 0 .d5•UIbaP1yTPOManbrarc axI.mu Obdc Curb Fiashi sealed vJM weHetl tldaik or Ouidrs ®m pmduCS when e¢egahk. petals ma IrcWde UtlraPIy TPO COatetl Mdal. In C amdMetal. Comers: URmPy TPO Comer or UJ.RY ChirkSeam Caner Pantie. Roof EdgesiParapets: FirerineAntltarGaN° aEdgeGard^' Fascia or Drain Barsyslems. ANSVSPRI FS -1 rated edge metal may also be used/ Frestom Coping Sysmen wUVaPfyTPO Coated Metal Penetrations: Rash with Ulua%y OukkSeam ar UwI Pipe FlaMgg( eekable) i VI1raMyTPO PmRmom Pocket afield caprices with UX.Pl TPOUnsu oded FImeJeq. Mono: 1. pry Fniwa AaMpefuhwe oxnTKhsRed Saetlwxeny 3 lhapbnheFw'bne TSlmYa'NaLneelmxel•...trnw.+.mm ) deMro pinfmMM rpudy VneFy TPo R.taSyaBms ]. Mahae Sreeb•¢ AolWs. y^ p.' Iboewe .Wes�rClef,rinl.'Vnypbmvrq Favbnpyxaetv�aeiMYS.,.wevi <. LM+SACf:saiaJ2waf MemahbGe ,Yp4Yirncey / ymlLC 5. IIBIA, brlWngcgha(yy.p [ pL9yrybbCwlpYf•alr hp,5a WEm e. SECfIR06'xesneals,Mbab,WRw (/.G tea +/n+ Firestone Building Products Company. LLC OS-TPO -221 35 a Wert Ge Strest• hmenspas IN 4626b Re.'. 31MIl3 lro neat 1- 90p,12 4511• e0se :t- 900-42a44 1•wmv.(aedmebprq.um 113 AMERESCO4 G . OI[M . $ui14lft41Ne Century Center -AHU Equipment Usting SYSTEM AHU1 F4fAHU1RET1JRN1 .u1u2 ff6lKnCi1ENE %HI M)5 µU4 EpNNEMLOCATON MEC WAf01 MEGIRM A101 FANROOMSAMI FPN ROOMSA]M FANROOM I Bill FMA00U1 B111 AREASEIWED sUIlE5141. MMN IEVEL ANDLOWER EOUIPMENTMANUFAOMER REQMME L TRADE LEVEL KRCHENS COM/ENTg —UA W"NTIONHAILB TYPE TRANS CLIIMTE C. NGER GENTBiWALUNFO1LFAN TRAW TRANS CLIMATECIUNOER GEN1111 ,11,TAY TR/WC IINATE 1111 TRADE CUMATECHANGER MODEL K44 CFA0A1 SW3 M41 CF-45 Al SWB M63 M35 EERW. N0. K)BFfMOE K6F3M141 KME00IS K6E309145 K)BEW31] K76EW315 MOTOR MANUFACTURER BALOW MAGNETEK CENIrRY CEATm MAGNATEK MARATHON UNCOLN MODELNO. EM 2535T SCR306 Sc M06BEWf EA 1UTTOR]O26EEWF1 TF46)0 SERIAL NO. 2-, M41 -0JBPIO 6.323409 ].BSCOSSU1 OJ ESE 9]0009 PUBM1B HPSFAAME 3OMET - 'WI3T 15r254T 1OS215T 40924T ISM64T V0-TAEEANDPH4%E 4603 46013 uW 4501 4543 4603 AMPERAGE 7&0.9 2010 4020 M$114 W48 EV31 MOTOR RPMPAN RPM 1)601550 1)60545 1)509%0 1]45/502 t]d5I1150 1)60'1400 MOTOR SHEAVE 2JPd5C10 %U %1)r9 2A6BB6.2 %1318 ]AIVP)SC9)-0 FMlBHFAVE BRONV9NG3TC140 BELTS SHARENO BEAlENGS 2)C1M 2)8140 6N422J 307 218103 216 33012) 3)8093 OPP,ENDEEARMM 621022.J 200 20> P611 MOEMSERVCEFACTOR I ISO <a 1.15040 pRF 1.15040 115040 nay 1.15Q40 115040 MOM STARTER 6 See CURER 14AM SQE2 CUTLERHAM SIMI C011TACTKTI 6242 6232 MCC DISCOMNECT FUSES 3)FRSREO 31 FRS -R -1]11! 31TRS35R 3)FRS R90 31FRSRW 3)TR346R HEATER CO" 1012 1035 OF FDMAHUFACNRER DANFOSSGRAHAM DANFOSSGRAH4M - GiNFUJA '...GR/JyM. VFD MODEL VLTWR VLTOOM WI 1)MAfUGH 1)OMFC25H APUMODELNO. 126W20 176UI241 mm 0061 APUSERMLND. 5581COV043 SS66MY043 VLTMOOELNO. 17wm VENUE TSERCILNO. 013422N0t3 OI2115HN3 HEATMG VALVE COOIJNO VALVE RHTPU)F NANBFACIORER Nn, 1K:cH - %'I1 1 -'4i YA4�T10h4. 1:Nn 1-W 5/.L 6p1 V- l�- IOISCV9Gt� RNTPUMFMODEL IA<I Alnl4 W1AMIS ifLN rsMS9pe3Mt] b RHTPUMPMOMR R M PUMP BEARHVO ASSEMBLY PNEUMATIC ACTUATORS WITSHIEAIR ISC1 (4)MK 311142 MNBIUMAIR IJC2) 0.31531 JAI) 0.31511 MD(EDAJR 4'x11 &311 IJDi 0-33532 RELIEFMR )eC) 7121401 IBC MK 311182 FETERS 8)24%24)(2.4)24%12%2 8)24%24%24)20TI 2 1n)2WOU B)24#4)2 SMOKE DETECTOR INTAYMIR INNO'MR 24MKh% 2)1NNOVA 2) IM.'OVA SYSTEM SEN SYSTEMSENSOR SYSTEMSENSOR SYSTEM SENSOR SYSTEM SENSLIR mI0)ACOC1 DHl00A l DH1994COC1 OHI"=l OH106AC0C1 CEM URY CEN TER AtN HANCLER STSIEUS - R 14A -DMM UaO 114 P,1 $03 AMERESCO4 Gram • C . SNMMMOM SYSTEM I AKZ F24WU7PETLMfW mus p2F#wj YEnm ALWE C10 ttlNBakTKN1 A ECUIP6EWLOCA31IN FANRC0X16W7 FANROCMBBdW FANROOM4CW FAN110004C301 FAN ROOM 7 MCI FAN ROOM 3 CM101 FAN R( BERVED I 2NOANp 3RD ROORCFFlCES, pSCOVERY BALLAOgA, SAIFS OFFICES,CEO BENOIXTWATRE, DOOR 2 M4LLWAY A .MNNLMSY SM 17,$WE10 "UIPMEMMMUFACTlSlM T(WE TRANS TRANS. TMNE TMNE TRANE P TYPE CUMATECHAN WNT.RIFWKNRFOILF CLIMATECINNGER MtMtFWMNPFOILFM WMATECMVHaER CENIPIFU3µA OLFAN WMAI MODEL SAM CF36A1SWJ M3 CF49A15W MR) CF4%I W SERML N6 V000037 K6E30Nd8 KMRXO38 RKSOC1147 IOSDOW1 KOW148 K78 MOTOR 6VNUFACTURER SALOOR S WR 14 7TIION CEMURY MMI14ON MARATHON & M�OELNO EM2515TMC6MI915 W21ST EC326Tf R?MEFWF1. 6-wm 3-013C O 3247DRi028FFWF1 EC41517IM}026GNMV MOO! 6ERULm Z0110090124 1002502 1016203 IMS63 (A& NPBPRAMB DIDST 811NT 503267 16r250T 403427 Inn f 71 V=MEMDPN E 4WA3 4603 4663 46W4 4603 46015 PERAOE 471M 14.N7 121161.5 40120 GSAWS 260113 MOTOR RPWFAN RPM 176v1500 1745N00 176511260 1750508 IMVI155 1745465 171 MOTOR SHEAW 31F1180874P %1510 1W75 X 11X1 3MPY15C1Cl0X21/3 3MW45BW X 11 NS 3C90X2iw 3870 %5M' PANSNEAVE JEMOX23116 1 IMIXI IN'S 3TCI60MIX27116 3TBi48XO1)(27116 3C120O1 X 2318- 3T8104O1 X21,16' BELTS 3)BX90 1) BID 3)C120 3)SX150 31 CID 3)BXIM 41 SWFTENDBFMNOS 6309 208 77611 309 "Oil 77507 OPP.ENOBlUJIMS 6208 201 77509 207 77509 77505 MDIM SERNCEFACTq{ 1.15 Q 40 1.15040 1.15040 1.15040 1.15040 1.15040 1.1 MGTORSTA R851g CMTWT M MCC 006CONNECT LASES 3) FR o 3) MA -10 3)TR890R 3)FRSR30 3) F .Io 3)FRSR-20 3)Ff NEAWRCO1t5 03 EFF WC)"WXIVUR DWFO3S GRAHAM DWFO56 GRANN.I _ GR!VVN _:C#1Ni111. OMFOSSGRN4N4 IMFOSSGMN4A -._. GF WDN00EL 111.76022 111.76006 1161AFCSW f703AfC15H 111.76042 111.}6011 17M APUMCOELNO. 1?"W 17601240 CP12 M71 176111248 1}&11243 1 APUSERXW. 55040&043 550MOY013 55MOOY013 SSBSOCY04I VLTMCMLMM 17WM 175212N 1752/968 1=85 VLTSERI W. 025722HD13 0140151&43 016322&01.1 OII515Hp43 HEATNO VALVE CDC 140 YALVE IpL]VKV44f' �1}M6 SCI V{SNOYN tlYMH m� I ^IVK304S'Af -1 -7 R0113wM RNTPUWNANUFACTURER JCHN5ONCOMROt3 4XN V4wttzrvlwuvprz 6X21 3.142878 8J RT MODEL ItaiwlTVwOeacvdexuata RWHTPUW LpIOR - P1fTPMAP SEMINOASSEABLY WEIMMIC ACNATORS JOILVSON COMRO(.S W11SWAR IBC1 (d)MK 3111 -02 IJCI)D315}5 DSI511 1BC) (a BM7121 AVN BARX MNED 7121401 1 -3111 2 MNEO AM All 1121114 71211.61 7121 1 REMEfAMi MK�111d2 7121-061 ftwu 8) 24M4M 12)24%24X2 12)24M2 201: SMOKEDETECTOR INNWNR IWWNR I9tl m 2)INNWNR INWVAIR IMIWNR INS SYMMSE=R SYMM SENSOR SYSTEM SENSCR SYMM SENSOR 3YSTFAI SMSCR SYSTEMSEN30R SYSTE OHIOMCOGI pNMACACI OHMCACCCI OHIOCACCCI OHI4CACCCI DN106ACOC1 Cf!i( CENRIRY CEMER NR H MR SYSTEMS - R IA- DagMFO 115 P49P2N3 AMERESCO4 Given . Chan . 3..!i,rvw. syslEA1 !M1 ull pMM 14 Mu l EOUWMENTLOCATION PHOTOGPAPNY STUOIU IAM150 E1MEtM Dt0. 0215 MMSMVED MDTOGRPPHYSTUOID PERM.COLLMLEW WFITEWATER BALLROOM ARTMUSEII an ANOROItM SHOP EOUMMENTMANUFACTURER ARDKRM AIRTH fil NRtHEPoA LOREN GOOK NRTNERU TYPE CEMIU Eli CENTPJVAIRE RI CFNLHAIAIRE II CENT ]PtEIp MODEL 0309F2 HHG1 SERIAL HO. 1TM 14 1 212M HHGET -! 3WSOIB MJMH..0l 59559Y02 0A599Y03 69599TW. REMO MOTOR MANUFACTURER MAGNATEC BMMR BAfDOR AOSMITH MAGNATEO MODEL W, R140 M3IIIT31B0I1 3311T3TMW CATEI02PART2369222A2 1a349931-03 SERML M. 10349932A4 FIM7 11094 NUllm.1 MI -12 HPSFMMZ 1.58AIAST TSORT )52137 M457 L50 Al VOLTAGE AW PHASE 460/3 460M I6p3 4509 460J3 IERAGE 61126 22 +I1 22111 562.8 522.6 MOTOR WRFMI RPM 11488 1725591 17MM13 17451570 1745051 MOTOR SHEAVE FANSHMVE BELTS 1)MQ 1)B57 1)BK95 2)M75 t)AW SHMTENOBEARINOS I7S @40 1.15$40 115$40 1.15 @40 1.15 ®40 PP.ENDS MS WEI LPH-R182a2 LP.HM t530 -22 WE MCTOR SERVICE MCT (;fYdM01042TAMOR OR308 C1W2inO5UB MOTOR STARTER 6 SIZE CONTACT NIT MCCDISCONNECTFUSES 31 M!i4t -10 -10 HEMEROMS PMEL W810.12 PANELHV14-16 -18 rAItL HJZbY! -24 IELW ET YFOWWW=MRER TOS!EBA TOSMBA DMOML FCRMFLM0244D60 F I`LOND2W110 q M00ELNO. 942W167 9420738 APUSERIALNO. VLTER"M.. VLTSERWL NO. HEATBMVALVE COO W VALVE (JOI VIM- WD1a5M IM] VR4ThM:7 -524 [JLTI AVA 2 -1014 [JCQ Ali X -1013 RHTMWMANUFACTURER IKQ AV-805a1013 (JGJ AV-0 2 -10t5 (JIDI \TJ M5268M (JCQ AM05at013 RHTPUW MODEL RHTPUW MOTOR RHT PUMP BEAR!HG ASSEMBLY PNEUMATIC ACTUATORS JOHNS(MCONiROLS OUMIDEMR IJCII Mll0 3 Hal MGMWt L!t30GW -1 HGQ MIMGCA3 IJQI MIMJ. .l MIMGGA -1 MWEIUMNR Hal l22MIIWGMI M13LVN .l MtlED PYl IAIIO A RELMFNR FLYERS 4)12X20 %2 8)201¢5%2 2120%20%2 311fi %.qX2 <I t4%IS %2 5M0KE DMCMR 211NWVA SifN SENSOR 2)11A A SYSTEM SENSOR IVNOVA SYSTEMSBNSOR INWVA SYSTEM SENSOR 2; INNOVq SYSTEIA SENSOR OHIWACUCI L1M00A0001 D440WCOC1 OFi4D]A_I pM10ACV_'1 CEMURYCENTERARIWNUERSYSTEMS RwM -Mu,,M. H6 PAX3M3 AMERESCO' G—. - a.— sa..e.�i..nw Mml LOCATION BOILER Ri ROOM SOILER OM BOILER ROOM BOILER ROOM ROOM NO, A101 A101 A101 A101 USE CHILLEDWATER CHILLEDWATER STANDBY CONDENSER PEERLESS 4A0 -14 5300 300519 1750 FC3WE20N FC3U2E20NC 268716501-000 2691636-122 2517307 -116 2673292 2669894 260637 12 STRAWER A91276 BAFFLE A9i%l STUFFING BOX 2677272 -040 MOTOR MANUFACTURER LINCOLN MOOELNO. UNCOLN TYPE Tv2641 SERIAL NO, 150511 MOTOR HP & FRAME Wl T VOLTAGE & PHASE 46013 AMPERAGE 625 MOTOR RPM 1770 EFF 3W2 T SHAFT END BEARING 4Wa OPM END BEARING 0 MOTORSTARTER &SIZE CUTHAMSIZE3 CONTACT KIT 6 25 2 FUSES 3) TRS 70R CONTROL FUSE ECN 2A 250V HEATERCOILS 1051 PEERLESS 4AD-14 5300 W0620 1750 FC3UMM N F06U2E20 NC 268716601-Ma 2691636122 2617307-116 2673292 2669884 26666W 12' PEERLESS 4AD-14 5300 300521 1750 FC6UM20 N FC3-UM20 NO 268716501 -000 2691536122 2SlnD7 -116 2673292 2669694 26603] 12' PEERLESS 640-10 5300 W0526 17W FCS -U2EW N FC3412E20 NO 26 8 71 6 5 01 -WO 2 6 9153 6122 2617307 -116 2673292 2 %9894 26)0709 9.13' M12M A91276 MI 276 A91561 A91561 M101 2 77270040 267727 ?040 UNCOLN UNCOW MARATHON SD4P50T61Y 286TTOR70260EWF1 C00274T 0326-02 89492 101R2903 6W267 60/3267 3W2 T 46013 4Wa 46613 0 625 37 17&5 1770 170 53 77610 CUT HAM SIZE 3 CUT HAM SIZE 3 CUT HAM SIZE 3 6352 6252 6252 2) PNO -R -15 3) TRS 70 R 3) TRS TO R FNM 24250V ECN 2A 250V ECN 7A 25W 1061 1051 1047 117 BOILER ROOM A101 CONDENSER PEERLESS 64610 5300 3WS25 1750 FC3-U2EWN FC3-1.12E20 NC 20716601 -OW 2691536122 2617307-116 26/3292 2669894 2670709 9.13' A91276 A9101 MARATHON 286TTDR7026DEWF1 TOR -SE 1025100 3 SST 4014 37 1765 77610 7750 CUT HAM SIZE 3 6252 3) TRS 70 R ECN 2A 250V 1047 BOIIER ROOM A701 HOTWATER PEERLESS 3AD -12 5300 300524 1750 FC3.UM20N FC3UX20 NC 266716 W 1 -0W 2691542 -122 W91625 -116 2.73321 -122 260212 105A6' 2676272-0&6 CENTURY(GOULC 6323411 -03 Sc 202MT 40/3 25 1750 309 207 CUT HAM SIZE 2 6242 3) TRS 45 R ECN to 250V 1044 Flied In Cr.N k'g i N',= 1 d 2015 JvfJx vb6I DE CITY CLERK, SOUTH BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 609 LaSalle Street South Bend, IN 46617 WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: in order to permit 609 LaSalle Street South Bend, IN 46617 Special Exception Use for off -site parking SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED t:IOT APPROVED ADOPTED Member of the Common CoAdcil arld Filed in Clerk's Office FE@ JOHN VOO -HDE CITY CLERK, SOUTH SEND, IN ARCHITECTS St. Joseph Catholic Parish 226 North Hill St. South Bend, IN 46617 574 - 234 -3134 February 10, 2015 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 South Lafayette Boulevard Suite 100 South Bend, IN 46601 RE: St. Joseph Catholic Parish Special Exception and Variance Request The undersigned appellant respectfully shows the Board: 1. I, Rev. Kevin Russeau, C.S.C., am the Pastor of St. Joseph Catholic Parish, the owner of the following described real estate (Zoned - Mixed -Use District) located within the City of South Bend, Portage Township, St. Joseph County, State of Indiana, to wit: See Attachment "A" 2. Statement of Special Exemption and Variances Requested and Reason for Request See Attachment "B" 3. Standards for Special Exemption I.0 39 -7 -4 -918.4 and Variance I.C. 36 -7 -4- 918.5: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Gymnasium /Classroom addition will add an important amenity to the existing school. The addition, along with new site improvements will greatly enhance the Parish campus, the adjacent neighborhood and surrounding community. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; All Parish campus properties have been upgraded or are planned to be upgraded, including the addition of off -site parking. St. Joseph Catholic Parish Special Exception and Variance Request Letter of Petition Page 2 The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and The Parish campus development improvements will complement the existing mixed -use, urban infill district. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The Parish campus use is compatible with the City of South Bend Comprehensive Plan. 4. Appellant gives permission to William R. Lamie, architect with Alliance Architects, Inc. to present our petition. Rev. Kevin Russeau, C.S.C., Pastor St. Joseph Catholic Parish 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com St. 3oseph Catholic Parish Special Exception and Variance Request Attachment " A " ARCHITECTS SAINT JOSEPH PARISH GYMNASIUM and SCHOOL ADDITION February 10, 2015 STATEMENT OF PARCEL LEGAL DESCRIPTIONS Group "A" Parcel ID # Legal Description 018 - 5009 -0263 Lot 123 0 P Lowell & 1/2 Vac Alley N & Adj 018 - 5009 -0264 Lots 124 125 & 126 & S 1/2 Vac Alley Adj Lot 124 0 P Lowell 018 - 5009 -0275 33' W End Ea Lots 131 & 132 Ex 8' N End Lot 1310 P Lowell Group "B" Parcel ID # Leaal Description 018 - 5006 -0131 Lots 133 134 135 136 137 138 & W 1/2 Vac Alley E & Adj & 7 X 88' Vac Alley W & Adj To Lot 144 & Pt Lot 143 0 P Lowell 99 -00 Vac Ord #8888 - 8999 -00 Split Fr 18- 5006 -0152 018 - 5006 -0137 Lot 1 & E 1/2 Vac Alley W & Adj Luther Replat 99 -00 Vac Ord #8888 -98 018 - 5006 -0139 Lot 3 & E 1/2 Vac Alley W & Adj Luther Replat 99 -00 Vac Ord #8888 -98 018 - 5006 -0142 Lot 6 & E 1/2 Vac Alley W & Adj & N 1/2 Vac Alley S & Adj Luther Replat 99 -00 Vac Ord #8888 -98 018 - 5006 -0145 S 1/2 33x66 Ft Se Pt Lot 139 0 P Lowell 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com St. Joseph Catholic Parish Special Exception and Variance Request Attachment " A " Page 2 018 - 5006 -0146 Lot 140 & 12'W End Lot 141 & N 1/2 Vac Alley S & Adj O P Lowell 99 -00 Vac Ord #8888 -98 Parcel ID # Legal Description 018 - 5006 -0149 S 1/2 90 Ft E End Lot 141 & N 1/2 Vac Alley S & Adj O P Lowell 99 -00 Vac Ord #8888 -98 018 - 5006 - 015001 Lot 142 & N 44' Lot 143 & S 1/2 Vac Alley N & Adj & E 1/2 Vac Alley W & Adj O P Lowell 99 -00 Vac Ord #8888 -98 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com t w °004 U C .1 30SEPNC O`yi 3 -`_ 0 %Yyy RSO� xpm Ch 143mfr N d c. en n a m lN�0� .LO fU cm YARN ]0 v�cn >¢a = a B€ 3 St. Joseph Catholic Parish Special Exception and Variance Request Attachment " B " • ARCHITECTS SAINT JOSEPH PARISH GYMNASIUM and SCHOOL ADDITION February 10, 2015 STATEMENT OF SPECIAL EXEMPTION AND VARIANCES REQUESTED AND REASON FOR REQUEST AREA — A 1. Seeking a Special Exception Use for Off - Street Parking Areas located within five hundred (500) feet, of the AREA -B building, structure or use served by the off - street parking at AREA -A (69 spaces). 2. Seeking a Variance from the required Front Yard parking areas setback(s) along LaSalle Avenue and Hill Street of 20'to 5' at LaSalle Avenue and 6.5' at Hill Street. 3. Seeking a Variance from the required Side Yard parking area setback along the east property line of 15' to 5'. 4. Seeking a Variance from the required Interior Off- Street Parking Area Landscaping Screening along LaSalle Avenue, Hill Street and east property line to zero (0). 5. Seeking a Variance from the required Interior Off - Street Parking Area Landscaping Island of 1 per every fifteen (15) parking spaces to zero (0). 6. Seeking a Variance from the required Landscaping of Required Perimeter Yards with Deciduous Shade (1/401 or Ornamental Trees (1/251 to zero (0). 7. Seeking a Variance from the required Bike Rack if greater than fifty (50) total parking spaces sized for one (1) bike space for every ten (10) parking spaces to zero (0). REASON The parking lot is existing and was completed in October 2014 in anticipation of the Parish's new School building addition. The lot has sixty-nine (69) parking spaces, which are necessary to provide for the normal parking demands of the Parish, including the loss of thirty (30) off- street parking spaces on AREA -B. 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com St. Joseph Catholic Parish Special Exception and Variance Request Attachment" B" Page 2 AREA — B 1. Seeking a Variance from the required minimum number of Off - Street Parking for AREA -B of four hundred thirteen (413) to eighty -four (84). 2. Seeking a Variance from the required Fence in a Front Yard maximum height of four (4) feet along St. Louis Boulevard to six (6) feet. 3. Seeking a Variance from the required Minimum Front Facade Height of twenty -two (22) feet along St. Louis Boulevard to sixteen (16) feet. REASON The Parish is expanding its existing School building by adding a 16,000 sf Gymnasium and Classroom onto the east side of the School. Site development includes the relocation of the School's playground /activity area to the northeast corner of the site and new access drive, fifteen (15) parking spaces and paved plaza. Forty -five (45) existing off - street parking spaces are being removed and replaced by fifteen (15) spaces in the new design. Safer student- vehicle circulation is planned by creating a more efficient student drop -off /pick -up driveway zone and a fenced -in playground /activity zone. The taller six (6) fee fence along St. Louis Boulevard will better protect the students. The reduction of off - street parking from forty -five (45) to fifteen (15) parking spaces is supported by AREA -A's sixty -nine (69) parking spaces and the Parish Ackles Center's seventy (70) parking spaces, located directly east of AREA -B. The total combined off - street parking spaces provided equal one hundred fifty -four (154). Based on 2014 Parish Census Data provided to the Catholic Diocese of Fort Wayne -South Bend, the dissimilar peak -time parking demands are as follows: Weekday Daytime Use School 26 Church - Dailey Mass 30 Ackles Center 15 Church — Funeral 80 TOTAL 151 Weekday Evening Use Parish Council 18 ICCL Gym Activities 52 TOTAL 70 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com St. Joseph Catholic Parish Special Exception and Variance Request Attachment " B " Page 3 Weekend Use (not simultaneous Church — Sun Mass 80-130 Parent Night 80-130 Fish Fry 80-130 TOTAL (avg.) 80-130 929 Lincolnway East, Suite 200 1 South Bend, Indiana 46601 1 Tel 574.288.2052 1 Fax 574.288.2550 1 www.alliarch.com LIST OF ADJACENT PROPERTY OWNERS Rao PARCELID NAME MAILING MAILING MAILING i MAILING ADDRESS CT' STATE ZIP 1 018 -5006 -0165 121 NORTH SAINT LOUIS LLC 116 N Hill St South Send IN 46617 2 018 -5006 -0153 604 EAST COLFAX LLC 116 N Hill St South Rend IN 46617 3 018 - 5006 -0162 BLESSING LYNN M & DAVE J 54640 Maple lane South Bend IN 46635 4 018 -5004 -0083 018 - 5004 -0084 BRIER DANIEL AND SKELTON JEANNE 520 E Colfax Ave South Bend IN 46617 5 018 - 5006 -0166 BROWN G DONALD 4905 Knolson Rd Indianapolis IN 46228 6 018- 5005 -0120 018 - 5005 -012201 BUCCELLATO DESIGN LLC 526 E Lasalle Ave South Bend IN 46611 7 018 -5008 -0226 BURKHART ADVERTISING INC Attn: Pat Hurley South Rend IN 46615 8 018 -5004 -0085 CIRCA ARTS LLC 528 E Colfax - Unit 1 South Bend IN 46617 018 - 5005 -0130 9 018 - 5004-0076 CITY OF SOUTH BEND DEPARTMENT 018 - 5005 -0128 OF REDEVELOPMENT 1200 Cou -C' Building my M n9 South Bend IN 46601 018 - 5005 -0129 018 - 5015 -0472 10 018- 5015 -0475 COLIP REAL ESTATE LLC 12725 Wbke Rd New Buffalo MI 018 -1 015 {1474 49117 11 018 -5015- 049801 CRIMMINS JAMES & MARY SUE 52444 Briarcliff Ln. South Send IN 46635 12 018 - 5008 -0229 CRIMMINS JOSEPH R & KATHLEEN 018 - 5008 -0228 COSTELLO CRIMMINS %TEACHERS 1832 Campeau St South Bend IN 46617 CREDIT UNION 13 018 - 5009 -0275 DANIELS DENNIS W & SMITH RANDALL SMITH 1501 CHARLOTTE R RES LIFE EST N. Elmer St South Bend IN 46628 DEFE13AUGH CORY LIFE ESTATE 13455 Concord Ct RESERVED TOMARGARET A SHAFER DIOCESE OF FORT WAYNE SO BEND/ 915 S Clinton St Fan Wayne IN 46617 -5006- 015001 ST JOSEPH CHURCH IN 46617 -5006 -0138 226 N Hill St South Bend -5006 -0140 211 N St. Louis Blvd South Bend IN 46617 - 5006 -0142 -5006 -0137 - 5015 -0478 -5006 -0139 - 5006 -0141 -5006 -0148 1018-5009-0261 -5009 -0269 -5009 -0267 -5009 -0273 - 5006 -0145 - 5006 -0144 - 5006 -0149 -5009 -0264 - 5009 -0263 5009 -0270 -5006 -0143 5009 -0261 018 -5009 -0268 018 -5009 -0245 018- 5009 -0257 018 -5006 -0146 018 -5006 -0131 0185020 -068401 018 - 5006 -015601 16 018 - 5006-015701 018 - 5006 -0154 DOSMANN PROPERTIES LLC 116 N HIII St South Bend IN 46617 018- 5006 -0155 17 018 - 5009 -0276 EARTH DESIGNS REAL ESTATE LLC P O Box 148 South Bend IN 46624 18018 -5008 -0225 EBERHART PARTNERSHIP 3165 Eddy South Bend IN 46617 19 018 - 5015 -0499 FRANK ROBERT L PO Box 8307 South Bend IN 46660 20 018 - 5006 - 016101 GALOS ERNEST P AND NANCY A 618 E CoHax South Bend IN 46617 018 - 5008 -0231 21 018 -5008 -0233 018 - 5008 -0232 GELCHION JOSEPH AND SUZANNE 1007 N Frances St South Bend IN 46617 018 - 5008 -0230 018 - 5015-0498 O18-5015-0477 72 018 - 5015-0497 GROSS & COHEN NOTRE DAME 11 LLC 832 NORTH NOTRE DAME 018.5015 -0500 AVE Sant Bend IN 46617 018 - 5015.0484 018.5015 -0501 018 -5005 -0119 23 018- 5005 -0118 HANNAH MARIA LLC 15270 Timber Tr Mishawaka IN 018 - 5005 -0116 46545 24 018 - 5015-0471 HATCH MARY ANN %GLADYS L CRONK TRUST 12140 BamH( St Dimard 93033 25 018 -5006 -0152 HOBAN JOHN L 205 N St Louis Blvd South Bend IN 46617 26 0185005 -0123 018 - 5008 -0235 018 -5008 -0236 HOBAN TIMOTHY K, RICCI MARY, HOBAN J MICHAEL, HOBAN PATRICK 1/81NT EA & HOBAN FAMILY TRUST 1/2 INT p05 N St Louis Blvd South Bend IN 46617 27 018 - 5005 -0112 018 - 5005 -0106 J C LAUBER CO INC 504 E Lasalle Ave South Bend IN 46617 28 018 -5006 -0161 KECKLEY J DAVID 630 E Colfax South Bend IN 46617 29 018. 5015 -0489 KW BUILDING CORP 211 N St Peter St South Bend IN 46617 30 018 - 5005 -0126 LAMONT DONALD V & GLENDA H/W 219 N Hill St South Bend IN 46617 31018- 5015 -0508 LEMARR SCOTT W182 S 6571 Muskego Or Muskego WI 53150 32 018- 5008 -0227 M ANDERSON LLC 1224 Wayne St N South Bend IN 46615 33 018- 5005 -0114 018 -5005 -0127 MACRI GEORGE TAND CARMELA 214 N Niles Ave South Bend IN 46607 34 018 - 5006 -0163 MARLIN PROPERTIES 18016 State Line Rd South Bend IN 46637 35018 018 -5008 -0218 - 5008 -0202 MEMORIAL HOSPITAL OF SOUTH BEND INC 615 N Michigan St South Bend IN 46601 018 018 36018- 018 - 5005 -0125 - 5005 -0124 5005 -0121 - 5005 -0122 MWD LLC 3020 BUCKINGHAM PL South Bend IN 46614 37 018- 5015-0476 NEMETH LASZLO & MARTHA J 14860 Brick Rd Granger IN 46530 38 018 - 5008 -0234 PETSCHE FRANK J & SUZAANNE M , 17401 Eldorado Lane South Bend IN 46635 39 018 - 5004-0081 FIBER LARRY 516 E Cofax Ave South Bend IN 46617 40 018 - 5004 - 008401 PROBST HOUSE LLC 1520 E Cofax Ave South Bend IN 46617 41 018 -5004 -0086 CH COOPERAJINCPO uth Bend IN 46624 018 - 5015 -0487 E644INt,. 42 018 - 5015 -0483 018 - 5015 -0488 ANN C Dame IN 46556 43 018 -5006- 016102 fROEMER Y C 616 E Colfax South Bend IN 46601 018 -5004- 007502 44 018 -5009 -0277 018 -5009 -0276 INGS LLC 623 E LaSalle South Ben d IN 46617 018 -5009 -0274 LAWRENCE P. MAGLIOZZI C ES B( u r I v): D1 K I.,- roR Angela M. Smith Deputy Dior HO• AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 319 W. JEFFERSON BI.VD., ROOM 1140 COUNTY -CITY BUILDING. SOUTH BEND, INDIANA 46601 (594) 23S 9S91 February 19, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, March 4, 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances (IC 36- 7- 4- 918.5) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Petition ofJ.A, Mirkin Realty, Inc. Staff recommends DENIAL of the requested variances from the sign ordinance. The intent of nonconforming lots, uses, buildings, structures or signs clearly states that these uses only be allowed to continue until they are removed, but not to encourage their survival. The ordinance further states that the removal of a sign structure or sign cabinet shall be deemed definitive evidence that such sign requires work beyond normal and routine repair and maintenance, and such sign shall not be reconstructed except in conformity with the provisions of the ordinance. By removing the cabinet of the manual reader board the sign lost its legal non - conforming status and is required to come in to conformance with the current sign ordinance. The development criteria in zoning ordinances are established to create uniform standards for all like properties within a specific area or zoning designation. Granting the variance weakens the effectiveness of the current ordinance and sets a precedent for all other legal non- conforming signs to continue in perpetuity, a direct conflict with the intent of the Ordinance. The petitioner has presented no practical difficulties to support the variance request. There are no unique characteristics on or off the site to warrant additional height or square footage variances. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W AIIO$1 PH C 0 N N r Y IN 0 IAN A.0 0 n i e a fA I I AN 18. Petition of St. Joseph Catholic Parish. Based on information available prior to the Board meeting, the staff recommends the special exception use be sent to South Bend Common Council with a FAVORABLE recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use is designed to increase the overall onsite parking for a long established institution in the community, which will serve to enhance the public safety and general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use should not affect the use or value of adjacent properties since a large portion of the site was previously used for parking and auto - oriented uses. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The off -site parking area is a consistent and compatible land use with the institutional uses located in the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Comprehensive Plan makes no reference to this specific use. The City Plan, South Bend's Comprehensive Plan (November 2006) identifies this site as mixed use. Staff recommends DENIAL of the landscaping variances requested. This area has seen a significant amount of redevelopment in the past several years. Site landscaping and, more importantly, parking screening are critical to establishing a sense of place. Screening the parking not only provides a buffer for surrounding uses, but makes sure the use of the site fits in with the overall character of the area that has been carefully and thoughtfully pursued. The required landscaping continues the responsible development and growth of the neighborhood. Sincerely, '/ Ang a M. Smith Deputy Director SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA 8 ROSELAND W W W. $ .,06 E IN C 0 Y N i Y i N D I ANA C O X. A A I-I IAN W �o U z� G 4Q W cr Q a a U Q W cr Q F) w a a U C O a 0 as mL �nN m =m o U. n VJ L_ '3 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd, Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 March 5, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception St. Joseph County Catholic Parish ABZA 3/4/15 Dear Council Members: The above referenced petition of St. Joseph Catholic Parish was legally advertised on February 19, 2015. The Area Board of Zoning Appeals gave it apublic hearing on March 4, 2015, at which time the following action was taken: Upon a motion by Mr, Phipps being seconded by Mr. Matthys and by a 4 -0 vote, the petition for Special Exception to allow off street site parking, on property located at 226 N. Hill St. and 609 E. LaSalle Ave., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered as shown in the Minutes of the Public Hearing, and will be forwarded to you this report. Charles C. Bulot, C.B.O. Building Commissioner CCB /cah in arriving at the above decision at a later date, to be made part of Flied in Cloy. s,r: fflCe CITY CLEM,, SO:i3''e4 8`64D, IN PETITION ST. JOSEPH CATHOLIC PARISH VARIANCE PURSUANTTO I.C. 3 &7.4.918 AREA BOARD OF ZONING APPEALS FBWING OF BACTS 1. THE GRANTING OF THE VARIANCE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY BECAUSE: Development and use as presented will comply with all building, fire safety, traffic. and parking regulations as to not being igjurious to the public health, safety, morals, and general welfare of the community. 2. THE USE OR VALUE OF THE AREA ADJACENT TO THE SUBJECT PROPERTY WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE STRICT APPLICATION OF THE TERMS OF THE ZONING ORDINANCE WILL CONSTITUTE AN UNUSUAL AND UNNECESSARY HARDSHIP IF APPLIED TO THE SUBJECT PROPERTY FOR WHICH THE VARIANCE IS SOUGHT BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. CONDITIONS OR REVISIONS: DECISION 0 IT IS THEREFORE the decision of this Board that thins VARINCE PETITION Is GRANTED, subject to any conditions smDed in the Minutes (which conditions ate incogxuwed herein by reference and made pan of this decision). ADOPTED this 4771 Day of MARCH, 2015. Ys NO ABSarrr MICHAEL URBANSKI D RANDALL MATTHYS ASSINT ROBERT HAWLEY rXI GERALD PHIPPS ABSW JACK YOUNG ❑ KATHYSCHUTH 0 BRENDAN CRUMLISH Filed in Cf:. Office Cfry C Soo ;_a6 i3END, IN C LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy D;.eeeor AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 27 W. JEFF RS N BLVD. ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 1 235 -9571 We nesday, Q ;r`cW 18, 2015 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of the Career Academy of South Bend, Inc. to zone from CB Community Business District to SF2 Single Family & Two Family District, property located at 3408 Ardmore Trail, City of South Bend - APC# 2734 -15. Dear Council Members: I hereby Certify that the above referenced ordinance of Career Academy of South Bend, Inc. and was legally advertised on Thursday, March 05, 2015 and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2015 took the following action: Upon a motion by Dan Brewer, being seconded by Robert Schrock and unanimously carr ied, the proposed ordinance of the Career Academy of South Bend, Inc. to zone from CB Community Business District to SF2 Single Family & Two Family District, property located at 3408 Ardmore Trail, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The conversion of this vacant site into a school would create an asset for the community. Renovating the building and establishing landscaping will create a place that is safer and more aesthetically pleasing. Its proximity to the library, community garden, and residential neighborhoods make it a logical and compatible development. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Career Academy of South Bend, Inc. Danch, Hamer & Associates Filed in ,- -, ice -off .1CSi9E• - " i •.: }µ CITY CLERK, 6;)t; � h,' -END, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAREVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA R ROSELAND W W W.STJOS EPHCO V NTY I N D IAN A. COM /AREAPLAN Staff Report 3/6/2015 APC # 2734 -15 Owner: Career Academy of South Bend, Inc. Location: 3408 Ardmore Trail Jurisdiction: City of South Bend Public Hearing Date: 3/17/2015 Requested Action: The petitioner is requesting a zone change from CB: Community Business District to SF2: Single Family & Two Family District, and seeking six variances. Land Uses and Zoning: On site: On site is a vacant building. North: To the north across from Ardmore Trail are single family and multifamily homes zoned SF2: Single Family & Two Family District and MF2: High - Density Multifamily District. East: To the east is a library, church, and a senior living apartment complex zoned CB: Community Business District and MF2: High Density Multifamily District. South: To the south across Prast Boulevard are parking lots for the Honeywell plant zoned GI: General Industrial District. West: To the west is a community garden zoned CB: Community Business District. District Uses and Development Standards: The S172 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site Plan Description: The 9.9 acre site being rezoned contains an 83,000 square foot vacant retail building. The north portion of the site is blanketed by an asphalt parking lot. With the proposed expansion, the total buliding square footage would be 102,887. Proposed structrural improvements include a gymnasium to the west of the existing structure, and a loading dock and trash enclosure along the south fagade. The parking lot will provide 215 spaces. Two access drives will be located along Ardmore Trail: one across from Curtiss Street and one further east. The parking lot will also be accessed by a service drive between this property and the church to the east. There will be one access opening along Prast Boulevard for the loading docks and trash containers. Two playground areas are proposed, one to the north of the gymnasium and one to the south. A portion of the parking lot will be striped for pick -up queuing and will also serve as overflow parking for events. A berm will be created between the parking lot and Ardmore Trail to help screen parking from the adjacent residential uses. APC # 2734 -15 Page 1 of 3 Staff Report 3/6/2015 the loading dock and trash enclosure. 3. From the required 20' side -yard and building setback to 0' along the east property line for a sidewalk. 4. From the required off - street parking area screening standards to a minimum of 75% screening along Ardmore Trail, as shown on site plan. 5. From the required minimum foundation landscaping standards to a minimum of 4 trees and 30 shrubs along the south fagade, as shown on the site plan. 6. From the requirement that no off - street loading spaces or trash containers exceeding 36 cubic feet be located between the front fagade and the front lot line. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. Converting the vacant building to a school and improving lighting around the site will create a safer environment for the neighborhood. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Improving the building facades and installing new landscaping will protect surrounding property values. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The strict application would limit the ability for the site to be redeveloped for any use since a building already exists. The parking requirements exceed what is needed for this specific use. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the City Council with a favorable recommendation. The staff recommends approval of all six variances. Analysis: The conversion of this vacant site into a school would create an asset for the community. Renovating the building and establishing landscaping will create a place that is safer and more aesthetically pleasing. Its proximity to the library, community garden, and residential neighborhoods make it a logical and compatible development. APC # 2734 -15 Page 3 of 3 SF1 SF1 W @5tmo oP X 10 C m m Rezoning from: "CB' COMMUNITY BUSINESS DISTRICT TO to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT MASTER ZON N G KEY a]_�Td SEVO'S =,• S:vG= EU.c_YANDrX.J ?Al _YJ:STR �T SJ'JTi SSNJ'S °Y SNG_E FMA YAN] TKG?N.11_YJ:ST 'T c' SGiT1 BEN]'Id 2� i,GN JSVS:TYI,I VLT: =N.1 �_Y G'iTi'f.T S]'JT:i SSVG'G'o'CFFICS SJ.- ZRCGTR '.T SCJT4 SSNG 41P !.1 RS] -SSG sTRW SD JT1 BEND •_a c00� s+�s:v =_ssGUrR:�r S9tT�SSVJ CGE, I,,LN'NS'!S WEBS 'STRICT SCJTi SSNG'G7 •G S45R.t V%STRA_GfSTnrT LE ILB- LE, LH N W* E 8 1 inch = 400 feet APC # 2734 -15 LAWRENCE P. MAGLIOZZI ESECU "FIVE DIRECTOR Angela M. Smith Deputy Directar q'ARPEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 229 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH REND, INDIANA 46601 (5941 235 -95]1 3/18/2015 South Bend Common Council 4`J' Floor, County -City Building South Bend, IN 46601 RE: Bill #06 -15 Rezoning: 3408 Ardmore Trail Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1.) A correction was made to the legal description of the site. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Matthew P. Chapp e Planner Filed In '°° ° '; ` Ifflee CITY CLER C yct " (IEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA Be ROSELAND W W W.STJOSEPHCOU NTY IND IANA .COM /AREAPLAN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3408 ARDMORE TRAIL AND THE VACANT PARCEL WEST OF AND ADJACENT TO 3408 ARDMORE TRAIL, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT. NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM CB COMMUNITYBUSINESS DISTRICT TO SF2 SINGLE FAMILYAND TWO FAMILY RESIDENTIAL DISTRICT TO ALLOW FOR A CHARTER ELEMENTARYSCHOOL FACILITY. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF LOT # 2 OF THE PLAT OF " ARDMORE TRAIL MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1426953 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH (BEARINGS ASSUMED) ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 589.69 FEET MORE OR LESS TO THE SOUTH RIGHT -OF- WAYLINE OF ARDMORE TRAIL; THENCE NORTHEASTERLYALONG SAID SOUTHLINE A DISTANCE OF 663.83 FEET MORE OR LESS; THENCE SOUTHA DISTANCE OF21635 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 20.00 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 617.82 FEET MORE OR LESS TO THE NORTH RIGHT -OF -WAY LINE OF PRAST BO ULEVARD; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 626.53 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES MORE OR LESS. be and the same is hereby established as SF2 Single Family and Two Family Residential District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tctln s'--D +( E Member of the Common Co ncil ld opwiUrhi`cr e'ua Er a. I stl sEi "t3 Attest: CDUrd 809an en a'. 5 1=191 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20_, at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock M. Mayor/Deputy Mayor of the City of South Bend, Indiana 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED !yn, P' PASSED Filed in Cl-'ark's Office HAR 18 Nib JOHN VOORDE CITY CLERK, SOUTH SEND, IN