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HomeMy WebLinkAbout04-13-15 Agenda, Packet & Committee Meeting NoticeOffice of the City Clerk JOHN VOORDE, CITY CLERK REVISED NOTICE April 9, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. April 13. 2015, in the Council Informal Meetina Room. 41h Floor C 3:30 P.M. ZONING & ANNEXATION OLIVER DAVIS. CHAIRPERSON 1. Bill No. 06 -15 —Rezoning — 3408 Ardmore Trail and vacant Parcel West of and Adjacent to 3408 Ardmore Trail 2. Bill No. 15 -17 — Special Exception — 609 LaSalle St. 3:45P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -24 — Designating Tax Abatement — 3230 South Bend Ave. — Rainbow Rascals South Bend LLC -Four (4) year Real Property 2. Bill No. 15 -25 - Designating Tax Abatement — 1702 S. Robinson St. — Bamar Plastics, Inc. — Five (5) year Personal Property 4:OOP.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Bill No. 13 -15 — Amend Chapter 20 of the South Bend Municipal Code Regarding the Deletion of Moped Regulations 4:05P.M. PARCS COMMITTEE DR. FRED FERLIC, CHAIRPERSON 1. Bill No. 17 -15 — Rendering Final Approval of a Guaranteed Energy Savings Contract Relating to Century Center, Appropriate Monies from Fund #671 and Create a New Fund #672 2. Discussion on a Proposed Adopt A Park Program 3. Further Discussion Ash Trees 5:00P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 15 -13 — A Resolution Voicing Concerns over many of the Assessments of land in the city and Seeking amicable solutions in the best interest of the taxpayers 455 County -City Building . 227W Jefferson Blvd. South Bend Indiana 46601 . 574/235 -9221 • Fax 574235 -9173 KAREE.MAH FOWLER JANICE TAI.RLOOM EMILY SEXTON CHIEP DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 5:15P.M. COMMUNITY RELATIONS KAREN L. WHITE, CHAIRPERSON 1. Bill No. 15 -22 — Resolution Regarding Proposed Development by the Pokagon Band of Potawatomi Indians 2. Bill No. 15 -13 — Voicing Concerns over many of the Assessments of Land in the City and Seeking Amicable Solutions in the best interests of the taxpayers 3. Bill No. 14 -15 — Amend Chapter 14 of the South Bend Municipal Code regarding Collaborative Pilot Initiative on Homelessness Council President Tim Scott has called an Informal Meetina of the Council which will commence immediately after the adjournment of the Community Relations Committee 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 Rosemary Mandrici- County Assessor Committee Meeting List Media AGENDA SOUTH BEND COMMON COUNCIL MEET MONDAY, APRIL 13, 2015 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 15 -20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE MANY CONTRIBUTIONS OF THE INDIANA CHAPTER OF THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS AND OFFICIALLY DESIGNATING APRIL, 2015 AS WORLD LANDSCAPE ARCHITECTURE MONTH IN SOUTH BEND, INDIANA 15 -21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENTHUSIASTICALLY ENDORSING THE RECYCLED GLASS MOSAIC PROJECT FOR THE EAST RACE AT THE COLFAX UNDERPASS PROPOSED BY LOCAL PUBLIC ARTIST CHRIS STACKOWICZ 15 -26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THAT THE MONTH OF APRIL IS NATIONAL CHILD ABUSE PREVENTION MONTH 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T. Mr) 06 -15 PUBLIC HEARING ON A BILL 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 13 -15 PUBLIC HEARING 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 19 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED COLLABORATIVE PILOT INITIATIVE ON HOMELESSNESS 17 -15 PUBLIC HEARING 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 8. BILLS, THIRD READING BILL NO. TIME: 06 -15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3908 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 13 -15 THIRD 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 THIRD 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 17 -15 THIRD 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 9. RESOLUTIONS BILL NO. 15 -17 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, INDIANA 46617 15 -22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PLEDGING IT'S INTEREST IN THE DEVELOPMENTS PROPOSED BY THE POKAGON BAND OF POTAWATOMI INDIANS AND RECOGNIZING OUR STRATEGIC AND VITAL PARTNERSHIP WITH INDIANA'S ONLY FEDERALLY- RECOGNIZED TRIBE IN THE STATE 15 -23 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 -24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3230 SOUTH BEND AVENUE, SOUTH BEND, INDIANA 46635 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR -YEAR REAL PROPERTY TAX ABATEMENT FOR RAINBOW RASCALS SOUTH BEND LLC 15 -25 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 1702 S. ROBINSON STREET, SOUTH BEND, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BAMAR PLASTICS, INC. 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 RTT.T. NO. 18 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND- HELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 19 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE ESTABLISHMENT OF A SOUTH BEND MUNICIPAL ID CARD PROGRAM 20 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 21 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2212 MISHAWAKA AVE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 1[ A 018=11612091 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. E RESOLUTION NO. WORLD LANDSCAPE ARCHITECTURE MONTH 2015 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE MANY CONTRIBUTIONS OF THE INDIANA CHAPTER OF THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS AND OFFICIALLY DESIGNATING APRIL 2015 AS WORLD LANDSCAPE ARCHITECTURE MONTH IN SOUTH BEND INDIANA GNA;v* the Common Council of the City of South Bend, Indiana recognizes that April 2015 is "World Landscape Architecture Month" (W LAM), which is a month -long opportunity to celebrate landscape architecture and designed public spaces which complements our natural environment throughout the world; and QIA�cr, 49 Chapters of the American Society of Licensed Architects, (ASLA), which was founded in 1899, will be collaborating with landscape architects and /or organizations in foreign countries by connecting with its 72 student chapters, 15,000 members & other organizations by Skype & other forms of social media throughout World Landscape Architecture Month, formerly known as National Landscape Architecture Month; and QOCAu, Indiana has been a very strong and noted leader in this area with both Ball State University and Purdue University celebrating their 50" anniversaries of their Landscape Architecture programs; and locally, landscape architects have made a tremendous impact on the City of South Bend, with some examples including George Kessler's vision of linking the City's park system with tree -lined boulevards. and special places like Leeper Park, Eddy Street Commons, and the Riverside Trail; and G7/n;E the Common Council further recognizes that the Indiana Chapter of the American Society of Landscape Architects works daily to "advance landscape architecture through advocacy, communication, education and fellowship" with the following map depictin just some of the chapters throughout the United States participating in this year's world -wide activities: rxua/cN.d " rru+erl96fe y 'F ' ✓�'aEd .�iidlana, ,6&W, Section I. On behalf of all of the residents of the City of South Bend, Indiana, the Common Council formally designates April 2015 as " "World Landscape Architecture Month" in our city and recognizes the Indiana Chapter of the American Society of Landscape Architects and their dedicated members, professional and student chapters for their commitment to the highest of ethical standards, stewardship, planning, design and sustainability. Section IL The Common Council believes that World Landscape Architecture Month provides an opportunity for residents to participate in local Earth Day activities on April 25' "; to celebrate the birthday of Frederick Law Olmsted on April 27'^, the founder of the landscape architecture profession in North Ame ' d to experience countless contributions made by landscape architects throughout our rich and vibrant commtni ; at ghoul e�brated each April hereafter. Section III. This Resolution shall be in full force and approval by the Mayor. Tim Scott, I't District T n y D vis, Jr., 2 "d District Valerie S "District Dr. Fred Ferlic, 4'" District Dr. David Varner, 5" District Office of-the City Clerk by the Common Council District Derek D. Dieter, At Large Gavin Ferlic, At Large Karen L. White, At Large Kathleen Cekanski Farrand, Council Attorney Pete Buttigieg, Mayor of South Bend S-- 20 ,:`�ourxse i 64 y' RESOLUTION NO. �x�u�ra �oi�rreratltitoii��aiiui A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THAT THE MONTH OF APRIL IS NATIONAL CHILD ABUSE PREVENTION MONTH 101; , the Common Council of the City of South Bend', Indiana recognizes that the Children's Bureau, within the U.S. Department of Health and Human Services, funds the National Child Abuse Prevention Month initiative each April, with the first such declaration being made by a Presidential Proclamation in 1983; and the public should be aware that there are many resources which address child abuse prevention which are aimed to protect children from risk of abuse; to strengthen and support families; to help manage stress; to prevent child sexual abuse, to making healthy connections with family members —just to name a few; and the Common Council further recognizes that the Administration for Children and Families is a Division of the Department of Health & Human Services which promotes the economic and social well -being of families, children, individuals and communities; and 4 many communities throughout the nation are creating "Pinwheel Gardens" where their communities use the symbol of a pinwheel to show that it is every ones responsibility to ensure that every single child should have the opportunity to grow up in a healthy and safe environment; and fie, there are many public and private agencies diligently working hard to end child abuse with the 24 -hour Child Abuse and Neglect Hotline being 1.800.800.5556; and OhC" in 2005, the Indiana Department of Child Services (DCS) was created as a "standalone agency charged with administering Indiana's child protection and IV -D child support systems" in the hope of helping to protect "children and strengthen families through services that focus on family support and preservation. xrGyibb 0106 g lwmd ,y „a mJ6/loav, Section I. On behalf of all of the residents of the City of South Bend, Indiana, the Common Council formally recognizes that the month of April 2015 is National Child Abuse Prevention Month, which stresses the importance of families and communities working together to prevent child abuse. Section II. The Common Council urges all residents of the City of South Bend, Indiana, to become informed and proactive by participating in public and private programs aimed at ending all forms of child abuse. 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. Tim Scott, s' 'stric Henry Dallis, ict Valerie Schey, 3'a District Dr. Fred Ferlic, 4°i District Dr. David Vamer, 5'" District Otticalff the City Clerk Oliver J. Davis, 60 District Derek D. Dieter, At Large Gavin Ferlic, At Large Karen L. White, At Large Kathleen Cekanski Fan-and, Council Attorney Pete Buttigieg, Mayor of South Bend ,I-- 2-Jo c .. "" ' ✓` RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENTHUSIASTICALLY ENDORSING THE RECYCLED GLASS MOSAIC PROJECT FOR THE EAST RACE AT THE COLFAX UNDERPASS PROPOSED BY LOCAL PUBLIC ARTIST CHRIS STACKOWICZ ;� the South Bend Common Council recognizes that in 2014, a very successful Spring Forward. A Community Beautification Initiative took place where artists, business owners and volunteers collaborated together, under the leadership of local public artist Christopher Stackowicz, and painted window and door replacements for many vacant or abandoned buildings located throughout the city to limit blight and help deter crime and vandalism; and fie, the Council further recognizes the five -year project which Chris Stackowicz launched in artfully redoing the main entrances into the City of South Bend, with the 933 bridge project being one of the most popular murals developed by Chris in 2013 which involved 963 volunteers who planned the entire project so that the salt buildup from the wintry seasons would be addressed; treated and sealed the bridge walls; and then painted the wonderful mural which features the best of our city's architecture; and 9i;� the 2015 Recycled Glass Mosaic Project proposed by Chris Stackowicz for the East Race at the Colfax Underpass will involve Chris working with many volunteer organizations, local businesses and local craft - persons on the installation of a 2,400 square foot recycled glass mosaic which will utilize thousands of blue, green, brown, amber, orange, clear and white glass from recycled bottles along with "bits of tinted, stained and mirrored glass from various manufacturers being added as accents "; and I emq this year's project will depict an image of a "rolling water scene of abstracted waves... interspersed with saffron ribbons as gates or check-points ... as if the raceway was being used for competition..." which will compliment the South Bend 150 celebration with installation planned beginning Friday, May 22 "d and being finished by Monday, May 25, 2015 at sunset. r r Section I. On behalf of the residents of the City of South Bend, the South Bend Common Council is proud to publicly commend, honor, and enthusiastically endorse and publicly support the 2015 Recycled Glass Mosaic Project proposed by Chris Stackowicz for the East Race at the Colfax Underpass. Section II. The Common Council sincerely thanks Chris Stackowicz for his artistic visions in helping to beautify the City of South Bend through his many large -scale community beautification projects by a very talented, well -known and respected premiere artist, who has earned numerous awards including the New York Times Distinguished Teacher of the Year Award, Javitts Fellow, and is a Michiana 40 Under 40 recipient - just to name a few. Section III. The Common Council wishes to publicly thank Chris for his image and project design of this unique community -wide art beautification project; and would also like to thank Samatha Stackowicz for her Art Administrative Assistance; Project Coordinator Joel Barrett; the many local businesses such as Action Glass, AM General, Cafe Navarre, Corby's Emporium, Fiddler's Hearth, Harmon Auto Glass, LaSalle Grill, Pella- Granger, and the Solid Waste Management District of St. Joseph County for materials collection; the many private and 2015 Recycled Glass Mosaic Project Resolution Page 2 public agencies involved in the planning process; and the public relations activities planned and coordinated so that the analysis of the foundation and materials can be conducted, followed by surface and glass preparation, power - washing and the many, many hours of volunteer labor from individuals, neighborhood association volunteers, school and college students and the many other organizations who have volunteered their time and talent, who will be have the opportunity for light refreshments donated by the generosity of Dunkin Donuts, Jimmy Johns, Starbucks, Bruno's, Chocolate Cafe, Fiddler's Hearth, El Paraiso, Brew Werks. Section IV. The South Bend Common Council urges all individuals who wish to be apart of this exciting Recycle Glass Mosaic Project to complete a volunteer form which will be made available beginning April 141 through May 201h. Section V. Thanks to the dedication, caring attitude, vision, talent and commitment of special people like Chris Stackowicz, and the many volunteers, businesses and organizations he recruits and engages to be a part of these innovative artistic community -wide projects, the City of South Bend, Indiana, will continue to flourish for generations to come. Section VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. e.�,etG.• `\ 1 John Voorde, City Clerk Dr. Fred Ferlic, 4°i District Council Member Uavin Ferlic, Council Member At Large Karen L. White, Council Member At Large Tim Scott, I" District Council Member Pete Buttigieg, Mayor of the City *Z = of South Bend Indiana Filed in CIArk-9 Office APRs -9 2015 1 ctrr ct �°t�; SOU SEND, IN iN l� v Common Council City of South Bend Indiana Dr. Fred Ferlic, 4'h District Council Member 4" Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5978 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD March 26, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Resolution Promoting the Recycled Glass Mosaic Project Dear Council Members: On behalf of Council Members Karen L. White, Tim Scott and Gavin Ferlic, I am proud to file the attached Resolution which we are sponsoring. South Bend is so fortunate to have local public artist Chris Stackowicz again creating another exciting project in our city. Chris is working with many volunteer organizations, local businesses and local craft - persons on a proposed installation of a 2,400 square foot recycled glass mosaic, which will create an image of a "rolling water scene of abstracted waves" on the East Race at the Colfax Underpass. We would like to have our Resolution sent to the Community Relations Committee, which is chaired by Council Member White; and then be heard under the Special Business portion at our next Common Council meeting scheduled for Monday, April 13, 2015. This is another dynamic event which will involve hundreds of volunteers, business owners and organizations volunteering their time and talents. We believe that this innovative project will be another great example of how great South Bend can be. Thank you. Sincerely, Dr. Fred Ferlic 4 °i District Council Member Attachment Filed 4st ^iprk's Office F/PR, - 8 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, IN C LAWRENCE MAGLIOZZI EXECUTIVE CUTIVE DIRECTOR Angela M. Smith D,puty Dircctor AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 27 W. JEFF RS N BLVD. ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235 -9571 We nesday, are 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 carried, 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, I Lawrence P. Magliozzi Attachment CC: Career Academy of South Bend, Inc. Danch, Hamer & Associates Filed fr.,; " ;;. ; 5 office i`, 10 Z01 ItDttf• `' stL CITY CLERX, u +3k.f H .SENID, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAREVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S Tf OS E P M C 0 U N TY I N O 1 A N A .CON /AR EAPLAN 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 S172: 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 SF2 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 structmral 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 Rgport 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 SR SF1 W estmo or x 13 C m m Rezoning from: "CB' COMMUNITY BUSINESS DISTRICT TO to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT MASTER ZON P! G KEY S3' -T1 S_WD• V SN•3_= FAGI`Y AND T'KD FAlf:_YDST.b]T SDJTi SSVJ'S -Z SNG_= FA1.11_Y ANDTA'D FAA-YDSTigT ��� i9JTd rVD Td P: 4 ?JH ]SVS:TYl.1I'= T5!1.1'_YD aA)JT S]VTA SSVD'De •] IF, 1 -SU: cRDISTR %]T _.. S]VrH SS4DRiP PJRED USEOSTRn]T S]VT- SSW]' _ ]00!- SJS:VS5S0SnrT JJM S] V Ttl 3SVJ''.S DDG ELN'TY 3•!3. N_ >3 D "cTR �T 4w iDJTi SSVD'Gi D SVSR.t'N3_2STR'.t DiSTAR T 1'n -ice LB LB LB 1 inch = 400 feet APC # 2134 -15 C LAWRENCE MAGL102Z E N E E CUrlve D1aCTOR Angela M. Smith D,,.,, Djiv,,I r AREA PLAN COMMISSION OF ST. JOSEPH C(DUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CIl'Y BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 3/18/2015 South Bend Common Council 4'h 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, e Matthew P. Chapp je, Planner Filed In '° Office CITYCLERic, cF„ c4LaND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW. TJOSEPHCOU NTY IND IANA.CO MIA REAP LAN 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 COMMUNITY B USINESS DISTRICT TO SF2 SINGLE FAMILYAND TWO FAMILY RESIDENTIAL DISTRICT TO ALLOW FOR A CHARTER ELEMENTARY SCHOOL 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 OFARDMORE TRAIL; THENCE NORTHEASTERLYALONG SAID SOUTHLINEA 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 BOULEVARD; 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. Member of the Common Co ncil cis.:r. Attest: SC E rin 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 o'clock M. Mayor/Deputy Mayor of the City of South Bend, Indiana 1 s READING PUBLIC HEARING 3 rd READING NOT APPROVED rt REFERRED �� i' PASSED 20 , at Filed In G =xl"k's Office MAR 18 I-M JOHN Vi"5.6;ib CITY CLERK, SOUTH REND, IN PETITION FOR A COMBINED HEARING City of South Bendd, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3408 Ardmore Trail, South Bend, Indiana 46628. 2) The property Tax Key Number(s) is /are: Key # 1: 18- 2191- 719201, 18- 2191- 719202 3) Name and address of property owner(s) of the petition site: St. Vincent DePaul Society of St. Joseph County, Inc. City of South Bend 520 Crescent Avenue Dept. of Community Investment South Bend, Indiana 46617 227 W. Jefferson Blvd. 574- 234 -6000 14'" Floor County-City Building E -Mail Address N/A 574- 235 -9371 4) Name and address of contingent purchaser(s), if applicable: N/A E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: CB Community Business District To: SF2 Single Family and Two Family Residential District 6) This rezoning is requested to allow the following use(s): Charter Elementary School If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners, St. Vincent DePaul Society of St. Joseph County, Inc. and the City of South Bend have been the owners of the real estate on Ardmore Trail for the past several years as shown in the records of the Auditor's office. They have been approached by an interested party who would desires to purchase the property and operate a Charter Elementary School at the site. The contingent purchasers would renovate the existing building as well as add onto the existing structure with administrative offices, lobby entry area and gymnasium into a neighborhood Charter Elementary School. There would also be extensive changes to the site with new landscaping, outdoor recreational areas and a redesigned parking area with an updated drop - off and pick up area for school students. Based on discussions with the Building Department and Area Plan Commission staffs, in order to be allowed to operate the Charter Elementary School as shown, the property would be required to be rezoned to a Residential classification where the school is a permitted use. Due to the renovation of the existing building some Variances would be needed to be approved as well, to bring the proposed use and improvements on the property into compliance with the developmental standards under the SF2 Single Family and Two Family Residential District zoning standards. Once the Rezoning is initiated, the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the Rezoning necessitates that Variances be approved for screening type, perimeter landscaping and pavement encroachment into setbacks. Shown below are the Variances being requested for the property: A). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet along all perimeter property boundaries to providing no additional trees along the easternmost 220 feet more or less of the south property line as shown. The petitioners are asking for approval of this Variance as the property is located in an older developed commercial corridor site. There is existing pavement in this area for the loading dock, which leaves little room for the placement of perimeter trees along with screening. The Petitioners and contingent purchasers do not believe approval of this Variance would have a negative impact on any surrounding property. B). A Variance to allow modification of an existing loading dock and driveway pavement to encroach into 25 foot Front -yard Setback along Prast Boulevard to a minimum of 8 feet to the right -of -way line of said Prast Boulevard. This loading dock area has existed on the south side of the building for the past several decades when the structure was used for commercial purposes. The modified location is designed to work with the renovated building. The Petitioners and contingent purchasers are showing that the loading dock area will be screened from street view with evergreen plantings. The Petitioners and contingent purchasers do not believe approval of this Variance would have an adverse impact on any surrounding property. Q. A Variance to allow pavement for a proposed driveway to encroach into the 20 foot Side -yard Setback along the west property line to a minimum of 10 feet a shown. The site is being developed with an internal driveway system to allow for the drop -off and pick of school children. A small portion of the perimeter driveway encroaches into the Side -yard Setback. The Residential classification does not allow for a driveway of a non - residential use to encroach into the large Side -yard Setback. This requirement was most likely based on the assumption that a home may be located on the adjacent property. In this case the adjacent property is zoned "CB" Community Business. The Petitioners and contingent purchasers do not believe approval of this Variance would have a negative impact on any surrounding property. 8) A statement on how each of the following standards for the granting of Variances is met: The Petitioners and contingent purchasers would state that they are renovating an existing Commercial property which was built under the old zoning standards for the City. They are taking an outdated building which was not required to meet extensive setback standards, screening requirements or the placement of loading docks or pavement in relation to property lines and creating a new building use. The Petitioners and contingent purchasers believe they have mitigated the effect the existing and proposed improvements would have on any adjacent property. The requested number of Variances reflects a situation that exists for renovation projects that are located in older neighborhoods. The building has existed for the past several decades and no longer viable as a retail use. The Petitioners and contingent purchasers would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. As envisioned the proposed improvements will renovate the exterior of the existing structure, allow a re -use of an older commercial building and add landscaping on -site where none presently exists. This will increase the public health, safety, morals and general welfare of the community. The Petitioners and contingent purchasers would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The site as proposed will provide more screening, landscaping than has existed before. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements very restricted and create a situation where owners could do little to add value to their property. 9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/A 11) A statement on how each of the following standards for the granting of a Special Exception is met: N/A 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) 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; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): e: St. Vincent DePaul Society of St. Joseph County, Inc. 520 Crescent Avenue South Bend, Indiana 46617 574- 234 -6000 E -Mail Address N/A PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner. com per, =7 City of South Bend Dept. of Community Investment 227 W. Jefferson Blvd. 14't' Floor County-City Building 574- 235 -937 E -Mail Address N/A Filed in Clerk's Office s FEB J5 ZCib i CITY CLERK, SOUTH SEND, IN 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission, 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) 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; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Name: St. Vincent DePaul Society ofSt. Joseph County, Inc. 520 Crescent Avenue South Bend, Indiana 46617 574 -234 -6000 E -Mail Address N/A PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Horner & Associates, Inc. Address: 1643 Commerce Drive South Bend Indiana 46628 574- 234 -4003 mdanch@danchharner.com zZZZI game: City of South Bend Dept. of Community Investment 227 W. Jefferson Blvd. 10 Floor County-City Building 574- 235 -937 E -Mail Address N/A Filed In Clerk's 6 CC- F.E6 It Fi 2U l a CITY CLERK, SCW,, H BENO,- IN — LEGAL DESCRIPTION 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 399.69 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF ARDMORE TRAIL; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE A DISTANCE OF 663.83 FEET MORE OR LESS, THENCE SOUTH A DISTANCE OF 21635 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 BOULEVARD; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 62653 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES MORE OR LESS. Filed, [3I Perk 's Office FFEb -i Zitt i CITY C E�Ki4c� °1C1RDE Filed in CierWs office Property Owners Within 300 Feet( Rg-14 V00RDE CITY CLERK, SOUTH BEND, IN Debt Equity Investment LP III David Smith St.Joseph County Library 2100 SouthBridge Pkwy 3002 Hartzer 122 W Wayne St Ste.650 South Bend, IN. 46628 South Bend, IN. 46601 Birmingham, AL. 35209 Tax Key # 018 2130 4836 Tax Key # 018 2191719206 Tax Kev # 01 R 2219 8221 Richard & Mary Ann Winkel Carl Michalski Kenneth Egmer 1124 Ryer St 1122 N Iowa 3233 Ardmore Tr South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2219 8222 Tax Key # 018 2130 4835 Tax Key # 018 21314884 Timothy Sharp Gabriel Patino & Demetrio Malagan Faith Apostolic Temple Inc PO Box 11545 3237 Ardmore Tr PO jBox 3128 South Bend, IN. 46634 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2130 4847 Tax Key # 018 2130 4847 Tax Key # 018 21918192 Heritage Place at LaSalle Square Max & Paulette Darrah Patricia Csiszar 3900 Edison Lakes Pkwy Ste.201 3311 Ardmore Tr 3307 Ardmore Tr Mishawaka, IN. 46545 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2191 719205 Tax Key # 018 2130 4843 Tax Key # 018 2130 4844 Pablo & Margarita Pacheco Hector Martinez & Maria Pedraza Thomas Phillips 3301 Ardmore Tr 1120 Ryer St 2020 N Meade St South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2130 4845 Tax Key # 018 2219 8223 Tax Key # 018 2130 4838 Amanda Hostetler Felix Navarrete Angel Gaona 921 Hickory St 3323 Ardmore Tr 3319 Ardmore Tr Niles, MI. 49120 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2130 4833 Tax Key # 018 2130 4840 Tax Key # 018 2130 4841 David Lax Beacon Heights Bendix Corp 3316 Ardmore Tr 11555 N. Meridian Ste. 400 PO Box 4900 South Bend, IN. 46628 Carmel, IN. 46032 Scottsdale, AZ. 85261 Tax Key # 018 2130 4842 Tax Key # 018 2193 7236 Tax Key # 018 2190 7188 Bendix Corp Bendix Corp Bendix Corp PO Box 4900 PO Box 4900 PO Box 4900 Scottsdale, AZ. 85261 Scottsdale, AZ. 85261 Scottsdale, AZ. 85261 Tax Key # 018 2189 7157 Tax Key # 018 2189 7156 Tax Key # 018 2188 7114 City of South Bend St Vincent DePaul Society of City of South Bend 227 W Jefferson Ste 1200 St.Joseph County 227 W Jefferson Blvd Ste. 1200 South Bend, IN. 46601 PO Box 1438 South Bend, IN. 46601 Tax Key # 018 2188 7089 South Bend, IN. 46624 Tax Key # 018 2191719202 Tax Kev # 018 2191 719201 Danch, F/arner dz Associates, Inc. Land Surveyors ■ Professional Engineers Landscape Architects . Land Planners Office: (574)234.4003 1 (800)594 -4003 n Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of January 30, 2015 South Bend Common Council 0' Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for 3408 Ardmore Trail, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located at 3408 Ardmore Trail, South Bend, Indiana. This requested Rezoning would allow for the approval of a Charter Elementary School facility. The proposed site improvements require rezoning of the property to the SF2 Single Family and Two Family Residential District classification. Our clients believe the improvements proposed for the property would be a acceptable reuse of a commercial building and would be a compatible use in the surrounding mixed commercial, industrial and residential neighborhood along this portion of Ardmore Trail corridor. If you have any questions concerning this matter, please feel free to give me a call at 2344003. Sincerely, Michael nc h President Danch, Hamer & Associates File No. 150114 "C" Md. Filed 1!n Clerk's Office EFEal BDSD Ciry CLERK, l i ND, IN A \ . \\i\ L80 \\ % i 8 21 -OB BIO� Q� iw. -onYe � W3o �`w A c \b� �3 o ow @$¢5 4 e 4 9gag 4- C.,.r N[5 a s2 gg g gn n bA 2 @I \ (all • � III ,�"�. - ' -T^ .� M 'y+ i �..r �R c -(, i 3(iIIgee P gy !NN e �b �ybqyy E B�. #y7p$i�itpbp4 bCsM�p$$ep�9p�'g9��[.iR�g. E3��YE3{ €RR49 (i��lll I ICI 1(( alBaisa iii v �Ilaaa � Wa asa s3aaasis$Er�i �IB 4e 11r r( n F S3a apJ. 9r(` ill's 6iedr4 pP� liibj! rlge s P 1 141a, 9�be ((�g4 4i� e41((° 9y EE p[n999 e 1(ee� `i1�i:1fc�119 (��r �:tli: 6 -( (I 13 -I S- Bill No. (3—( 1 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 13431 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 Municipal Code. 2 nP �lrm, /ir rr, ,JOU ji ©rr /rmrd"�Ile U�;iuurr..ie Vr..nirti /�� //te r e� c +nl/ "Diu /, 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 ' ect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, I' District Council Member 12 &W, Office of the City Clerk 0 o(,Y &-(/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 �.• . /.�.. /�/ ,.dby me on the _ day of m. Pete Buttigieg, Mayor City of South Bend, Indiana I st READNG PUBLIC HEARING Drd READING NOT APPROVIV y. Il 2015, at_ o'clock Filed In Clerk's Office MAP, 17 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, IN c4.,o�lx x�•. 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 -5980 - (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD March 10, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Ordinance to Repeal Local Moped Regulations Dear Council Members: 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. Thank you. Sincere T1 ncil President 1st District Council Member I Filed in C IPrk's OffiCe Attachment MA'R 17 2015 JC`6�1Y 43Oi'tOE CITY CLERRt SOUTH SEND, IN Bill No. 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 /ihcda 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.homlessshelterdirctory.or> 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.shelterlistines.org Community Resources are listed on many websites such as the South Bend Kroc Center's "Basic Needs Resources" located at www. mykEoc.org/famiy/lasieneeds.phhp 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. ✓]n t; � /ir�•r�, � � �irGiirnr //� //r �onranrn �irurri /c� //r �i /� r�'�ad rind, �a /inner, ro1�/ /card 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.ne[ , 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 Development3; (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, New 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. s The "Housing and Community Development Fifth year Action Plan (2014)' notes on page I 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 adder!). 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 ofl.the 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: I . 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-term 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 on to 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 panhandling6, or is committing a breach of peace7, 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 maybe 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). See. 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 § 3545 -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); 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. 12 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 s 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. 12 See: 19 Public Interest Law Reporter Fall 2013, Sheffield, Jonathan, "A Homeless Bill of Rights: Step by Step from 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 pubb ion. �� Henry Davis, Jr., 2nd District ouncil Member 12ke1w.• Office of the City Clerk Ml,oJe M e/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 ,4y ru rlr «/ l .dby me on the _ day of 2015, at _o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana 1 st READING 3 -2-3 -( f— PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed In C6* rk =$ Office 5 ECLERHK, CI SOOJTm &LEND, IN I -� Corr; f" Common Council City of South Bend Indiana Henry Davis, Jr., 2nd District Council Member 4'h 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 4t1i 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 V,. 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E% LL o .D O @ - - s U d - E v m o L 3 c c c C O E = m o LL > > ii E a@i S° 0 oc o '° m O c U 2 a Q >N m u 2 S S @ E o U i wF i _ Q O a ❑ W W W J r� Q a! '- W m U J J J ac c c c c °c c a c '''E o 0 0 0 0 .S @ @ @ @ @ @ @ @ @ @ @ nF C•d a r m r >7 V- w O O c C O C E C O O d C N C 3 3 >C53 E ` Z z y i Z t E is M M N M N � N M C y V 4. +j O O O N M N N hi W rW V N N a m c v E z C y' :t ' w c E E E d 3 rn c naT.-' : y J W l'+f c n K'C' L C C E E c - o E E a o N v �` � .-- E '� o ❑ w m ❑`. w u :fit'• "; � 3 v 0 i� U d' _ + C V - ':'rd.� A< y _ C N E E E +I• N N d O M> N U per: { -i I•'i' �4 >s c c S c 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, Dlsmas 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 Claklawn 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 theirfamilies, 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 (exp. 07/31/201s) W 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 Ne: 2506 -0117 (exp. o7 /si/2oss1 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 1 of 2 IN -500 - South Bend /Mishawaka /Saint Joseph County CoC Display Organization Data for 2014 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 l 1 �o, Substitute Bill No. 17 -15 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 "). Such Qualified Provider Agreement constitutes a "Guaranteed Savings Contract" as defined by IC 36- 1- 12.5 -2. On August 11, 2014 this Council approved a Project Development Agreement which was Exhibit A to Resolution No. 4382 -14. With that approval, the Qualified Provider completed the first step of a Guaranteed Savings Contract, "to evaluate and recommend to the governing body conservation measures" (IC 36 -1- 12.5 -5 -2), and it identified the above - listed Conservation Measure Projects with detailed cost estimates for all work to be performed and including the amounts by which energy and operating costs will be reduced, pursuant to IC 36 -1- 12.5 -6. This Qualified Provider Agreement will implement the Qualified Provider's recommended Conservation Measure Projects, the second step of a Guaranteed Savings Contract under Indiana Code 36 -1- 12.5 -2. The City's Department of Law has negotiated with the Qualified Provider and agreed upon this final version of the Qualified Provider Agreement which includes 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 1 hereto. This version was ratified by the City's Board of Public Works (the "Board of Public Works ") in Resolution No. 08 -2015 at a public meeting held February 24, 2015. The final Qualified 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. The City also intends, to the extent permitted by law and to the extent determined necessary by the City signatories, to enter into a separate, specifically 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 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 will be 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 ") P] 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: 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 energy conservation measures to be taken by the Qualified Provider will result in energy consumption savings and other reduced operating costs and that the Qualified Provider will reimburse the City for the difference between the guaranteed savings that are not stipulated savings and the actual savings achieved by the energy conservation measures, pursuant to IC 36-1-12.5 - 5(a)(3) and (d)(3). 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 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 3 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. Severability. 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. 18 COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By:. Sw�� Member of the Common Crouncil Attest: k r 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 , 2015, at o'clock M. SBDS02 PFACCENDA 4577390 i st READING 3_2,3A S PULIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana 5 F11ed In Clprk's Office JOHN VOORDE CITYC6EM SOUTH BEND, IN 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD Sou'IFI BEND, INDIANA 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUTFIGIEG, NDWOR DEPARTMENT OF LAW April 9, 2015 Mr. Tim Scott President, South Bend Common Council 4,h Floor, County -City Building South Bend, IN 46601 PRONE 574/235 -9241 FAx 574/235 -7670 TTY 574/235 -5567 ALADEAN M.DEROSE CITY ATroRNEY Re: Substitute Ordinance Approving Guaranteed Energy Conservation Contract and Related Financing -- Bill No. 17 -15 Dear President Scott: Attached is a substitute form of Bill No. 17 -15 which is an ordinance to approve a Qualified Provider Agreement and Energy Conservation Contract with related financing terms for improvements to Century Center. Most substantive changes to the Bill as originally filed are contained in the Statement of Purpose and Intent (Ordinance - pages 1 -2), and these changes clarify the nature of the Century Center guaranteed energy savings contractual process up to this date within the framework of Ind. Code 36 -1 -12.5. A slight, non - substantive change to Section 2 was made in the placement of Indiana Code sections. All other changes are primarily of a clerical nature. For your convenience, I am also attaching a copy of Substitute Bill No. 17 -15 in which the changes to the original Ordinance are specifically identified. Please note that Section 2 appears to be more changed than it actually was. All that occurred was a different placement of the Code sections. The City Administration will present this Substitute Bill No. 17 -15 on Monday, April 13, 2015 as indicated in the original cover letter. Filed in Cy=v= W�', Off ice J ®fits ifil°3e"iP:lfs CITY Cl.ERIL �C SEND, IN Sincerely, c' Aladean M. DeRose City Attorney and Legal Counsel to Century Center Board of Managers ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY TASHA REED OUTLAW MICHAEL J. SCHMIDT PAUL E. SINGLETON STEPHANIE STEELE 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 nol 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 au 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, time 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 propose of securing financing by way of a public bond. 2. This Resolution sliall 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 WORJF'Ied In Clerk's ;A 16 2015 Gary A. Gil'ot, President JOi t o' t, SOIJi 191vid P. Relos, Member Henthorn, Member IN Brian J. Pawlowski, Member YW Attest: Lee A. Bene, Acting Clerk 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 lnfom7ation of Ameresco, Inc. EXHIBIT MAR. 18 V15 JON I. CITY CLERK, SouTh SEND, IN Page 1 TABLE OF CONTENTS SECTIONS 1 Scope of Sell-ices 2 Ownership of ECM(s) 3 Financing mud ,ability to PIA 4 Contract Cost; Progress Payments 5 Terris 6 Savings Guarantee 7 Right of Entry/Space 8 Changes in Sen•ices 9 Warranties 10 Customer Responsibilities 11 Defaults by Customer and Anmeresco 12 Remedies for Default 13 Dispute Resolution 14 Insurance and Bonds 15 Indemnification and Limitatiotr of l..inbility 16 Agreement Interpretation and Performance 17 Privileged and Proprietary Infoiniation 18 Severability 19 Assilmmeiir and Siibcoutrncring 20 \\'liver 21 I -orce Majeurc 22 Contract Documents 23 Notices 24 Records 25 Representations and Warranties 26 Independent Contractor 27 Additional Representariou and \C'mrranties of (-,Is tonier 28 Negligent /\T'rongfid acts 29 Further Documents and Events 30 'Ibird Party Beneficiaries 31 Notifications of Governmental Action - Occupational Safety and Health 32 References ATTACHMENTS ATI''ACHnIENT :\ AT ACl-B, fEN l' 13 \CIiM1NT C \ITACIINI1 N'1 1)(1) NIT ACI IMENT 1)(2) ATI'.ACHML'NI• D(3) ATFACt NIENT E PROPEMY DRSCRIP'17ON SCOPE Ol� SI ?R\'ICP.S SAYINGS GU.ARAN7•E1 DIi1JVERY:AND ACCEPT: \NCE: CL'RTII'IC: \'1'13 PE:RC }3N'I' COAIPLP :7T::1CIiN0 \ \7.liDGLt\[P.N'1' CE•'RT'IEICATE SU13STi \N'fJAJ. COMPI I, AON CERTI -ICATE NOTICI- TO PROCI'ED Al "FACH;\IEN'f F CHANGE ORDER A'17'ACHMENTG MEASUREMENTANDVERIFICAITONPLAN; MI :1'HODOLOGY OF CALCULATING SAVINGS AYFACI IMENT 1 -1 'IMINING ATTAC:I It%tLN'I' I MEASURRDII NT AND VERIFICATION HIDE SCHEDULE A'1`I'ACI-lMENI' ] STANDARDS OF SI�RVICE AND COMIrORT A'1'1':1C:111 II:N'1' h' CI'IT OF SOU'fI I BEND CERTIFICATIONS 3 ENERGY SERVICES AGREEMENT BY AND BETWEEN CITY OF SOUTH BEND, INDIANA AND AMERESCO, INC. THIS ENERGY SERVICES AGREEMENT (the "Agreetent ") is entered into on _pay and Momh)March , 2015, by and bONWeo the Cin. of South Bend, haiiana, acting liy and through its Board of Public Works having its principal place of business located at 227 West Jefferson Blvd, Suite 1400 N, South Bend, Indiana 46601 (hereinafter referred to as "Customer ") and Ameresco, Inc., having its principal place of business at 1 I l Speen Street, Suite 410,1'ramingltam, MA 01701 (hereinafter referred to as "Ameresco'). -flic 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 qualified energy service companies to provide performance -based services for the design and execution of an cnerg1• consumption reduction plan including acceptance of payment for such services via guaranteed cost savings accrued as it result of plan implementation; WHEREAS, Ameresco has prepared and issued a Proposal to Customer, in response to the RPP; WHEREAS, Customer wishes Ameresco to perform a project ( "Projecf) consisting ofcertain energy conservation services and installations as set forth on Attachment 13 (as amended and /or otherwise modified from time to time is provided herein, the "Scope ofSenices ") it Customer's facilities described in Attachment A (the "Property'), and Ameresco wishes to perform such services; and WHEREAS, Customer owes and controls the Property. NOW, THEREFORE, in consideration of the covenants, representations, Nvanautics, and mutual promises and alneements contained herein, and other good and valuable consideration, the receipt and Suffrciencv of which are hereby acknowledged, the Parties hereby agree as follows: SECTION 1 SCOPE OF SERVICES (a) Vhrk: Llpou Anteresco's receipt of a "Notice 7'o Procecd," substantielh-in the form attached to this Agreement as .lttachment I . Anleresco 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 energy conser-ation and faeiliry improvement measures ( "ECA1(s)') included in the Scope of Service,,, as such Scope of Services may be modified in accordance with the terns of this Agreement. Customer and Ameresco shall normally plan the scheduling of the installation of the E'CM(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- ltnzat'dous equipment and materials which are rendered useless and removed as a result of the installation of the ECNI., and (ii) cause '111 1111111% which are classified as hazardous wastes by the rules and regulations of the U.S. Environmental Protection Agency (40 CI'R Parts 260 through 279) and PCB - contaminated ballasts, if amt which have been rendered useless and removed as a result of the installation of the EChIs to be disposed of All other existing P03- contaminated ballasts, lamps and any other hazardous materials, however, shall remain the sole responsibility of Customer and Ameresco shall assume no lial)iliq- whatsoever in connection with their removal, transportation and disposal. (e) Asbestos and Lead Egul: (i) Asbestos: Auheresco's Scope of Services is predicated on the viability of the Project without Ameresco encountering or disturbing asbestos or being required to perform any asbestos abatement or takingany otheraction with respect to asbestos. Customer hereby represents and warrants to i \meresco that, to the best of its knowledge, there is no asbestos or other hazardous material in ally area wherein Ameresco shall be perforniming the Scope of Services. If. (n) Ameresco encounters any friable asbestos which is in the vicinity of the Project that is not identified ill 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 may impede Ameresco's work, Ameresco shall notify Custouur of file same and Customer shall (s) at its cost, cause the asbestos to be lawfully removed, enclosed, encapsulated or othemise abated is accordance with applicable laws, rules and regulations; (1) at Its cost, provide written test reports showing that asbestos in that area has been properly removed, enclosed c7tcapsulatecl or otherwise abated in accordance with applicable laws ides and regulations; or (z) abandon the Project and terminate this : \grcemcnt. If Ameresco cannot reasonably determine whether aim particular material contains asbestos, Customer, upon Anncreseo written request, shall either: (i) 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 Ameresco; or (b) abandon the project and terminate this Agreement. under no circunhstnnccs shall Ameresco be required to handle asbestos. If Ameresco encounter, asbestos that materinfly affects the Scope of Services ar the project schedule,.lnneresco. ants option, may demobilize and cease construction in the area 'affected by th u su au e presence of asbestos until Rich t 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 Ameresco that it shall not take such action, Ameresco mar, at its option, either remove the affected area from its Scope of Services (and make commensurate adjustments to its rights and obligations) or terminate this Agreement in its entirety. Customer shall be responsible for payment of the portion of Scope of Scr•ices implemented prior to termination. Custexner shall be responsible tin• anc and all costs (including termination) incurred by Ameresco that relate to the prescace of asbestos. Lead Paint-. ,lnherescds Scope of Services is predicated upon Ameresco not encountering or disturbing lead paint or being required to perform abatement or providing anc notice or taking any other action with respect to lead paint. Customer hereby represents that, to the best of its knttwledgc, there is no csposcd lead paint in any area in which Anuresco shall Ile performing the Scope of Semites. If Ameresco encounters lead paint in any area where it is to perform the Scope of . ices, which services shall requite disturbing lead paint, and Auuresco reasonably believes that such paint mac be lead paint, Customer, upon Alncreseo written request, shall either (a) at Customer's cost, lawfully 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 denmonstrates the presence of Icad paint or :lnmcresco reasonabh believes 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 any federal, state or local laps, rules, or regulations and Arneresco notifies Customer of the same, Customer shall: (s) at its cost, cause the lead paint to be lawfully removed, or otherwise abated in accordance with applicable laws, rules and regulations; or (1) abandon the Project and terminate this Agreement. hider no circumstances, shall Ameresco be required to Perform services, which cause the disturbance of lead paint. If lead paint materially affects the Project Schedule, Amereseo, at its sole option, may demobilize and cease conmuction in the area affected by the presence of lead paint until such tiuhc as Customer 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 Ameresco that it shall not take such action, Anieresco M,' , 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 agreeuacot shall not be unreasonably withheld and Customer shall be responsible for payment of the Portion of $cope of Services implemented Prior to such termination. Customer shall be responsible for any and all costs (including termination) incurred by Anmeresco that relate to the presence of lead paint. (d) Compliance IX ith Lbw: Ameresco shall, at its expense, comply yvith and obtain all applicable licenses and Permits required by federal, state and local laves in connection with (i) the installation of the LChIs and (ii) the operation and /or nhaintenvue of the 1 Chfs (to the extent that Aineresco agrees to perform such operations and /or maintenance services). In the event that Anmeresco cannot procure all such license or permit in light of a requirement that Customer is required to do so, the Parties shall work joint]} to obtain such permit or license. (e) Taffies: Customer represents that it is a tax exempt entity and that it shall cooperate with .Ameresco and provide Ameresco with appropriate resale exemption documentation so that Amheresco may attempt to establish that it is not obligated to Pay taxes, fees and assessments or other charges of 1111.1. character which may be imposed or incurred by any governmental or public authority as an incident to title to, or operation of the LChI(s) which would otherwise be levied upon or in respect to said interest component or of the I?CAI(s). Customer shall have no liability for taxes measured by the net income of Ameresco. (0 Monitoring, Measurement and Verification: To the extent Provided for in Attachment G, An)oresco will supply such ongoing monitoring, nn•asutemcm and verification services (the "M &V Services') described in Attachment G during the Term at a cost to Customer as set forth in Section 4 and Attachment I. fie) Duties Obliations arid Responsibilitie, o)f Ameresco: (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 t quirc•ments of this Agreement. (ii) Ameresco shall maintain the Project site in a reasonably clean condition during the Performance of the construction work. (iii) Anhcreseo shall remilarhr clean the Project site of all debris, trash and excess material or equipment generated by Ameresco's construction work hereunder. (iv) Amereseo shall permit Customer or any of its representatives to enter upon the Project site to review or inspect construction work, provided, in each case, the Customer and /or its representatives make reasonable efforts to coordinate such review or inspection with Amereseo and agree to comply with all applicable federal, state and local safety laws, rules and regulations, including, without limitation, those promulgated by the U.S. Department of Labor Occupational Safety- & Health Administration. (v) Amteresco shall provide equipment manuals, as -built dm ings and other appropriate . information regarding equipment installed hereunder to Customer at or about the time of Substantial Completion (as such term is defined in Section 4). (vi) ;lmeresco shall provide the training described in Attachment II. Such training is included in the Contract Cost unless included as a separate cost in Attachment 1. SECTION 2 Ownershin of ECM(0 Ownership and title to each FCA1 or portion thereof as applicable, shall automatically pass to Customer upon Amerego's receipt of both (i) the executed Substantial Completion Certificate (Attachment D(31), or each Percent Complete Acknoe- ledgement Certificate (.LVrachment D421), (including Customer Im-ment certification) delivered pursuant to Section 4 for such ECAI or portion thereof, and (ii) the indefeasible payment in full of all of Customer's pat•ment obligations to Amereseo 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 previous sentence with respect to all HCAI or portion thereof, title to each 17C.M or portion thereof shall remain in the name of ameresco. 1f nomithstanding tae intent of the Parties, Customer is deemed to hold title to am• or all of the ICAfs 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 each such F.CM or portion thereof, Customer hereby assip is, transfers and grants to Amereseo a security interest in such I?Ctlfs. SECTION 3 Financing and Ability to Pay By its execution of this Agreement, Customer herebt- represents and warrants to ,lmeresco that Customer has taken all meeessary step., to secure adequate funds for payment of the Contract Cost. SECTION 4 Contract C Monthly Progress Payments (a) Subject to the terms of this Agreement, Amteresco shall perform the Scope of Services at a contract cost of DOUR AI11I.I0N, EIGHT HUNDRED FIFFY PINT' THOUSAND blGHT IfUNDRED NiNFXY SF.\T and 00 /100 Dollars (54,855,89771 (subject to adjustment as provided in Section 8, the "ContractCosr). (b) Upon execution of this ;agreement and deliver by Customer to ameresco of the Notice to Proceed, substantially in the form attached to this ;agreement as .attachment F, Customer shall pay Amereseo ten percent (10 "'o of the Contract Cost for mobilization. 'I11ereafter, Areresco shall submit invoices to Customer for monthly progress payanents to :ameresco based upon the percentage of the Project colisbltction and equipment procurement completed at the end of each month, so that Ameresco is paid the percentage of the Contract Cost that is commensurate with the percentagc of conplction of the Scope of Services. A Percent Complete Acknowledgement Certificate in the form attached hereto as Attachment D (2) will lie executed by Customer during each month of the construction period shoeing the percent complete and monthly payment clue. Customer shall make payment to Ameresco, within thirty -five (35) days after the submission. of each such invoice, for non - disputed charges. Customer shall not unreasonably yvithhold, condition or delay the execution and deliver :y of ant• Percent Complete Acknowledgement Certificate after Customerreceives authorization to execute the sane from Customer's Board of Public \\ -irks. (c) Upon Substantial Completion of the installation of an Ii-Ch1, Ameresco will deliver to Customer a Substantial Completion Certificate in the form of Attachment D (3). \ \'ithin fifteen (15) calendar days after receipt of each Sulistsntial Completion Certificate, Customer shall complete, execute and deliver to Ameresco each such Substantial Completion, Certificate. As used in this Agreement the term "Substantial Completion" shall mein that each subject P;CII has been installed by Aieresco, and, if such I iCh'1 is equipment, such equipment is then operating ill a manner such that Customer is deriving beneficial use thereof. A Deliven• and Acceptance Certificate, in the. form of Attachment ll(1), shall be executed by Customer upon Substantial Completion of they imstallariom of the final LCl\I. Customer shall not unreasonable withhold, condition or delay the execution and delivery of any Substantial Completion Certificate or the Delivery and Acceptance Certificate. (d) Within thirty -five (35) days follm ing the first day of each Guarantee Year; as such term is defined in Section 6, Customer shall pay Ameresco the additional amounts set forth on. Attachment 1, Measurement and Verification Pee Schedule, as an annual fee for measurement and verification services. (c) All pa \'meets made be (_ustomcr under this Agreement Shall be made in accordance with the provisions of the Indiana Prompt Payment Act, IC 5 -175 ct seq. SECTION 5 Term This term of this Agreement (the "Term'), shall bc„in on the (late first above written and shall remain ill effect throt\gh the " Guarantee Period' as such term is defined in attachment C unless terminated prior to such date, as provided for in Section 6, 12, 14 or Artaeh rent C of this agreement. At any ti after the date of the Delivery and Acceptance Certificate, Customer mac terminate this ,\greement upot sixty (60) days prior written notice to Ameresco, provided that Custanter has paid to Ameresco all amounts due as set forth in Sectioo 4 (including, without limitation, pro -rata portions thereof accrued under Sections 4(b), (� uul.ltrachmcmr 1 and pursuant to any Change Order.) 'Termination of this Agreement shall also terminate the Guarantee Period. Anything in this Agreement to the contran nonyithstandiug, Customer shall not be relieved of its obligation to par Ameresco when duc all amounts which accrued prior to such termination. SECTION 6 Savinonns Guarantee To the extent set forth in Attachment C, and solely ill accordance with Attachment C, Ameresco guarantees that the "Annual Savings' (as defined bc•]ow) to be achieved as a result of installation slid operation of the PCI\Is shall equal or exceed the Guaranteed Savings (as defined in : \ttachntcnt C) aver the "Guarantee Period' (as defined im : \ttachmtcnt C). The 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 EChls. . For ptuposcs of this Savings Gilarantee, the following assumptions and provisions shall apply: (a) Anneresco guirantees that the Guaranteed Savings will be achieved by operation and beneficial use of all EClfs taken in the aggregate, but does not guarantee the savings amount achieved by each ECM individually. (b) The total savings achieved by the combined EC'Ms, determined as provided in the i\I &V ])]in, including any "Agreed Upon Sat45ilgs" as such term is defined in the M &V Plan, shall be deconed the total "Annual Sat7ngs ". Agreed Upon Savings amounts shall be deemed achieved upon Substantial Completion of the ECUs. Calculation of the Annual Savings, inclusive of Agreed Upon Savings, shall be performed under, and governed him =, the methods, formulas, and procedures described in the Aleasurelnent and Verification plan set forth in Attachment G (the "M &V Pled'). (c) As it relates to the ,annual Savings and this Savings Guarantee, the term "Guarantee I ear' shall mean the consecutive twelve (12) mouth period beginning with the first day of the month following the date of Substantial Completion of rile ].CNIs, and each similar twelve (12) month period thereafter. (d) Amcresco's obligations in respect of this Sayings Guarantee are subject to Customer performing all of its maintenance, repair, service rind other obligations under this Agreement, including, without limitation, maintenance of the Standards of Service and Comfort set forth in Attachment 1, if any, which may affect achievement of the Guaranteed Sayings. If Customer fails to perform its obligations under this Agreement or interferes with, or permits amp third party to take any action which, in the reasonable opinion of AlrcrcSCO, may prcveut tile' chievement of the Guaranteed Sayings under this Agreement, Aincresco may, after providing Customer thin (30) days advance notice, adjust the Annual Sayings amount during the period in which such sayings were affected to reflect the impact such actions had on same. ;1nx•resco's rights set forth ltercit>_shall not be in limitation of am- other rights it is- entitled to by law or under this Agreement. Any disputes regarding achievement of Guaranteed Sayings or any lvf &V Report delivered pursuant to Attachment G shall be resolved in accordance wvith the dispute resolution prrn•isions of Section 13. SECTION 7 Right of Entry /Space During the Tern of this Agreement, Customer shall provide Anmeresco and its employees, agents and subcontractors reasonable access to the Properly for sole the purpose of fulfilling Amereseri s obligations under this Agreement. Customer shall provide rent free space for the installation and operation of the FCM(s) and shall use its best efforts to protect such items and equipment in the Same careful manner that Customer protects the Property. SECTION 8 Changes in Services (a) The Scope of Services may be changed only by agreement of the Parties evidenced by execution of a "Change Order" substantially in the form attached to this Agreement "I'S Attachment F, including the yuantit°, quality, dimensions, type or other characteristics of the li:Clis. During the Term hereof, either Customer or Ameresco map suggest that other energy efficiency measure., and facilities be added to the Scope of Scn'iecs, in which case tile parties shall endeavor to agree upon any new 9:CNds to be installed and may either amend this Agreement or enter into a new agreement for the installation, financing and commissioning of any such new 6CNIs. Nothing in this paragraph shall obligate either part) to proceed with installation of amv ECMs which are not part of the original Scope of Services or evidenced by execution of a Change Order. (b) Should Ameresco encounter subsurface or latent }physical conditions at the site which differ materially from those indicated in the project documents or from those ordinarily encountered and generally recognized as inherent ill work of the character provided for in this Agreement, Ameresco shall give written notice to the Customer before ani such condition is disturbed or further disturbed. "Ilse Customer will promptly investigate and, if it is determined that the conditions materially differ from those which Ameresco should reasonable have been expected to discover or anticipate, the Customer shall either (a) approve such change; ill the Scope of Services as are necessary, with a corresponding adjustment in the Annual Guaranteed Savings Amount: or pi) abandon the Project and ternunate this Agreement, provided that Customer has paid to Ameresco all amounts duc as set forth in Section 4 (including, without lithlitation, pro -rata portions thereof accrued under Sectiols 4(b)4 b), "and Attachment I and pursuant to any Change Order.) If such differing conditions cause an increase or decrease in Atleresco's cost or time of performance, and the parties agree upon a change in the Scope of Services, the parties shall negotiate an equitable adjustment to Ameresco's cost alnd /or time for performance, as the case m)sy be and a Change Order, subject to approval bm Customer's Bond of Public Works, shall be issued and executed by the Customer to reflect such adjust)ncnt(s). (c) If at any time prior to Substantial Completion of an I Ml, Amcreseo determines that an P.CNI is not covumercialll viable, Ameresco mat•, at its option, remove such I-- -C M from) the Scope of Services and from the Properry. In such event, Ameresco shall refund to Customer the portion of the Contract Cost attributable to such P.CNI and the Annual Guaranteed Savings Amount will be reduced b) an amount equal to the portion of the Annual Guaranteed Savings Amount attributable to such ECM. (d) If Ameresco and the Customer agree to an 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 Anmeresco hereby agrees as follows: (n) Ameresco warrants that the \York and all materials and equipment to be installed ill the Project shall be fire from defects in materials and workmanship arising from normal usage on an by hCNI basis for a period of one (1) scar from the date of Substantial Completion of such IiCNL ally Manufacturers' warranties which exceed this one (1) year period shall be assigned to Customer to the extent allowed by the manufacturer. 'l liis section does not apply ill aliv wav to the SaCrngS Guarantee. (b) I- XCICPT AS PROVIDED IN 7'14TS SECTION 9, ANIERL•SCO \IAKFiS No V \RRANTIL:S OR RJiTRI:SE 1 ATIONS OF ANY KIND, \ \'T IJi I1 R S'1':1'1'l "I'OR1', MUTIEN, ORAL OR IMPLIED, INCLUDING WITIIOUT LIMITATION, WARRANTII S AS TO'1•H6 VALUE, DESIGN, AND CONDITION Olt FFINI ?SS FOR USE OR PARTICULAR PURPOSI? AND N113KCHANIABILITY, REGARDING 7'IIL H \WORK,'I'HE ECM(s) OR THE EQUIPMENT'. SECTION 10 Customer's Responsibilities (a) Operations: Customer shall operate all equipment installed hereunder ill accordance with the manufacturer's recommendations and the manuals supplied to Customer by Ameresco. (b) Standards of Service and Comfort: Customer shall operate the ECNIs and the Propern• in a manner that shall provide the Standards of Service and Comfort provided for in Amchment I. (c) Maintenance: Customer shall, at its expense, repair, operate and maintain the Property in good working condition during the Term of this Agreement Customer shall maintain, repair and operated, at Customer's expense: (i) all equip meat and other components included as part of the ECMs, and (ii) all other equipment which is attached thereto anti /or is integral to the proper functioning of the I- 'Cl\•is. (d) Malfunctions: Customer shall notify ;lmeresco immediately iu the event of our nnalfimctian in the operation of the ]iiCM(s) or the equipment installed hereunder. To the extent the malfunction occurs during the warrant- period set forth in Section 9, within ten (lo) nosiness dais 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 uhalfimction occurs outside the wurant- period set forth in Section 9, but during a Guarantee Year for which Ameresco is providing M &V Services, Ameresco shall use reasonable efforts to respond to Customer's request for a consultation within five business (j) days following notification. Any costs to correct or remediate a malfunction that occurs outside the \varrant period shall be borne by Customer. (c) Protection of 1L•'(N1s: Except in the case of emergency, Customer shall not remove, move, alter, nhrn cuff or othenvise significantly alter the operation of the equipment installed hereunder or the operation of the L:CNIs, or any individual part thereof, without the prior approval of Anteresco, which approval shall not be unreasonably withheld. ;After receiving Amerescti s written approval, Customer shall proceed as instructed. Customer shall act reasonably to protect the 1 ?C \ts from damage or loss, if, duc to an emergency; it is nor reasonable to notify Anheresco before acting. Customer agrees to protect and preserve the ftcilitc envelope and the operating condition of all ];(: \1s, mechanical systems, and other energy eonsunhing systems located on the Property. (t) Monitoring System: Customer shall not move, uhodify or otherwise alter the energy nl1nagcnncnt system /building autonhation system (L:MS /BAS), winporary data logger., or any other data collection or measurement and verification system (collectively, the "Monitoring, System ") installed as part of the ]iCi\i(s) or any component thereof without the written einhsent of Ainc•resco unless such action is in accordance \vlth operating manuals and procedures provided by Ameresco. (g) .justmeht to 13asclime: If, in the reasonable opinion of Aneresco, Customer does not reasonably operate, maintain, repair or othervise protect the 13 -,CNIs 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 Propert. (h) Ch n res to Pro ncrt or Addition of Equipment- Customer shall notifi Ameresco in writing at least thirty (30) days prior to making any changes to the Property that could reasonably be I expected to affect tl)e energy - usage on the Property, such as changes in the hours or days or time of pear that the 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 An)cresco regarding material increases over time in numbers and usage of "plug in" devices such as computers and printers. If Amctesco receives such notification or other %rise determines that such a change has occurred, it may, make appropriate revision to ripe Attachments to reflect any adjustment to the baseline or the Annual Guaranteed Savings Amowit. Ameresco may also make retroactive adjustments to the baseline or calculation of Annual Savings if Customer bas not provided timely notice and any paynicttts shall be retroactively reconciled to reflect the changed baseline. Any dispures 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. (i) Enemy UU =. Dnta: Customer $hall make available to Ameresco, on an ongoing basis for the Term of this Agreement, copies of all clingy bills, enerin, usage data, and any and all other such data maintained by Customer, including remote access to the Monitoring System for rile sole purpose of collecting such data, as may be requested by Ameresco, which are required for it to Perforu) all of its obligations under this Agreement. (j) Insurance and Risk of Loss or Damage: Upon Substantial Completion of an 13C A1, Customer assuums all risk of loss of or damage to such h,CAf from anc 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 any insurance received applied to the cost of such repair or demand that- Ameresco perform such repair, in which case Ameresco shall promptly do so for such comPeusation to which the parties agree If Customer determines that anc of the ECM(s) arc lost, stolen, confiscated, destroyed or damaged beyond repair, Customer shall replace the same \tith like equipment in good repair in a timely fashion under rile circumstances. If at any time after the date of the DC17vcii- and Acceptance Certificate and after Customer's complete patment to Ameresco in accordance «ith Section 4(al, as such amount 1)31.1- be modified troll) time to tune in accordance with this Agrecnremt, anc fire, flood, other casualty, or condemnation renders a n)ajority of the Proper[\• incapable of being occupied and renders die ECIUs or the equipment installed hereunder inoperable and, in the case of a casualty, the affected Portion of such HCAIs or equipment is nor reconstructed or restored within one hundred twenty (1211) days from the date of such casualty, Au)cresco and /or ( ))vncr urns terminate this Agtcc•ment by delivery of a written not ce to nc� other Party. Upon such termination, 0\x-ner shall par Ameresco anc amounts, or pro -nta portions thereof, under Sections 4(b), L01 (c(4 and (c, Attachment I and any Change Order, which accrued prior to such termination. Ameresco may also make appropriate adjustments to the baseline or the Annual Guaranteed Savings Amount, with the Prior Ntrittcu consent of Customer to reflect the impact of such casuals or eoudenmltion, including corresponding revisions to the Attachn)cnts. (k) Telephone And Internet Customer shall install and maintain telephone lines and pay all associated costs for the P.CAI(s) telephone lines or applicable energy management systc•n) communication s- n)s. Am t- eresco may use Customer's LAN for the purposes of an energy maaagenetit system that may be included in the Scope of Work. (1) Protection. Customer shall at all rimes act reasonably to protect the E- VAI(s) from loss or damage to the same extent and in the same manner in which it Protects the Propert. 12 (m) Alteration: Except in cases of emergency, Customer shall not move, alter or change the I :CAf(s) in am' may that may cause a reduction in the level of efficiency or sayings generated 1>y the I CiIM or the equipment installed hereunder without obtaining Amuesco's written ,lpproval, which shall not be unreasonably withheld. (m) Storage: Customer shall provide rent free space for Ameresco, or ,lily of its subcontractors, to mobilize and store supplies, tools and equipment durhtg installation of the F- :C \f(s) as available pursuant to this Agreement for which such storage space may be required, with locking capacity acceptable to Autereesco. Only Atneresco or any of Ameresco's subcontract ors, 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) Fuel: Customer shall procure and pay For all energy and fuel for the operation of the Properh. Cooperation during Construction: Customer Ail] reasonably cooperate in relocating occupants, staff, personnel, furniture and equipment and taking such other actions as mtay be necessity by Customer in order to prepare space for work by Amecesco to enable Ameresco to timely perform its obligations hereunder. SECTION 11 Defaults (a) BY Customer. Customer shall be in default under this A rccmcnt upon the occurrence of ant- of the following: (i) Customer fails to pay when due any amount to be paid under this Agreement and such failure continues for a period of twenh -one (21) business days after notice of overelue payment is delivered by Amteresco 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 ahem made; or (iii) Customer fails to perform any of its required duties or obligations under this Agreement and fails to cure such failure and the effect., of such failure ttithin thirty (411) days of receipt ofwritteen notice of default, unless such failures and effects cannot be completely cored within thirty- (30) days after said w- ritreu notice, in which ease a default shall exist only if Customer does not commence and diligcudy purr lr 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'emcy or similar law and such petition is not dismissed within sixty (CU) clays. (v) Customer fails to cooperate in relocating occupants, staff, personnel, furniture and equipment or to take such other actions astray be necessary by Customer in ruder to prepare space for Nvork by Ameresco as is reasonably requested by Anereseo in a timely manner in order to alloy- the Scope of Services to be accomplished hereunder. 13 (b) By Ameresco. Ameresco shall be in default under this Agreement if Ameresco fails to perform any of its 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 only if Ameresco does riot promptly commence and diligently pursue to cure such failure and subsequent effects as soon as practicable. SECTION 12 Remedies for Default If either party defaults under this Agreement, the other Parr' ma }, subject to the dispute resolution procedures in Section 13 below: (i) bring actions for any remedies available at lave or in equip or other appropriate proceedings for the. recovery of damages, including amounts past due: and (ii) with or without recourse to legal process, terminate this Agreement bl delivering written notice of termination at least ten (10) days prior to the requested termination date. SECTION 13 Dispute Resolution Claims, disputes, or other matters 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 am and all remedies at lave or in equity. If during the retail of this Agreement a Dispute arises concerning the project or this Agreernent, the Disputc shall initial]\ be submitted to Customer's project representative and Atim esco's project manager for resolution by. mutual agreement bcm --cen said parties. Any mutual determination by the Customer Representative and Amerc•seo's project manager will be final and binding upon the parties. Ilowever, should the Customer representative and AM.eresco's project manager fail to arrive at a mutual decision is to the Dispute within tell (111) business days after notice to both individuals of such Disputc, such Dispute will be submitted to a representativ c from management of both Parties who shall meet in person or by phone within tell (10) business days after either parts gives the other pare written notice of the Dispute (tic "Dispute Notice"). 'llle Dispute Notice shall set forth in reasonable detail the apgricved parry's position and its proposal for resolution of the Dispute. If the Dispute is mot resolved vrithin shirty- (30) calendar clays after the first sleeting of the Parties, then the Parties shall endeavor to resolve the Dispute by mediation. A request for Mediation shall be made in writing and delivered to the other Party. 'llle request mat' be made enncurre•ndc with the tiling of any and all remedies at law or in equity but, in such event, mlecliation shall proceed in advance of ally proceedings filed in a judicial forum, which shall be slaved pending mediation for a period of sixty• (Gat) days front the date of tiling, unless stayed for a longer period of tine by agreement of the parties or court order. The parties shall share the fees of the mediation equally. The mediation shall be held 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 having jurisdiction thereof. If the parties do not resolve the Dispute through informal dispute resolution or mediation, either party is free to pursue any other available remedy in law or at cquir. 14 SECTION 14 Insurance and Bonds (a) 13y Amenef n Aateresco shall provide aiid maintain at its expense the following insurance COVerage: (i) \\'orkers' Compensation and Employer's Liability Insurance as required by applicable State law. (i) Commercial General l.iabilin- Insurance, including contractual liability, Bodily Injury per person, $1 million; Bodily Injury per occurrence, $1 million; Property bamnge per occurrence, 51 million; Personal Injury per occurrence, $1 million. (ii) Comprehensive Automobile Liabilio. insurance, including owned, non -owned and hired automotive equipment of, Bodily injury per person, $1 million; Bodily Injury per occurrence, Sl mil lion: Property Damage per occurrence, $1 million. (iv) Umbrella Liabilitv $5 million in the aggregate. Ameresco's subcontractors shall not be required to carry umbrella liability insurance in excess of limits required bl Ameresco. Ameresco shall deliver to (1stomer a Certificate of Insurance naming Customer as an additional insured park under paragraphs (ii) and (iii), above. (b) Anlcreaco shall deliver to Customer Pm ment and Perfonnamee Bonds in a nun equal to the Contract Cost conditioned upon faithful perfonnance of the Agreement b% Ameresco, for the implementation of the 1--CM(s) as it may be from time to time modified by Change Orders within ten (10) dais of issuance of a Notice to Proceed. Notwithstanding any provision to the contary herein, any payment and perfornance bonds associated Nvith this Agreement guarantee only the performance of the installation portion of this .lgreement, and shall not be construed to guarantee the perfonnance of (1) any efficiency or energy sayings guarantees, (2) any support or maintenance service agreement, or (3) any odrer guarantees or warranties with terms beyond one (1) year in duration from the completion of the installation portion of this Agreement. (c) 1). 01 "-I llm Without limiting ally of its obligations or liabilities under this Agreement, Customer shall provide and maintain at its expense, insurance coverage consistent with the requirement, of Indiana Code \' 34- 13 -3 -4, a, the same may be amended, superseded or recodified from time to rime and its obligations under this ;1Snccuent. SECTION 15 Indemnification and Limitation of Liabili (a) Anything in this Agreement to the contrary nomithstanding, neither Parn nor its respective officers, directors, agents, employees, parent, subsidiaries or affiliates or their affiliates' officers, directors, agents or employees shall be liable, irrespective of whether such claim of Imbilin is based upon breach of warranty, tort, (including negligence, whether of any of the Parties to this Ayre•ement or others), strict liability, contract, operation of lacy or othe•nvise, to any other Party, or its affiliates, officers, directors, agent , employees, successors or assignrs, or their respective insureds, for incidental, delve, punitive or consequential damages connected with, related to or arising from performaance or non - performance of this agreement, or stn• action or inaction in connection therewith including claims in the nature of lost revenues, income or profit, (other than payments expressly required and due under this agreement), 15 and increased expense of, curtailment, reduction in or loss of Bower generation production or equipment used therefor. (l)) Ameresco's total aggregate liability for an y 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 habiliry is imposed, shall in all cases be linvted to the greater of the sum of the payments received by Ameresco under Section 4 or the total value of this Agreement. Such causes shall include, but not he limited to, Ameresco's negligence, errors, omissions, strict liability, breach of contract, warranty, breach of warrant' or am indemnified claims. (c) Ameresco agrees to indenmmify and hold Customer harmless from and against my and all third parts claims for damages but only to the extent such damages arise by reason of bodily injure, death or damage to propem, caused by Ameresco's negligence or ttrillful misconduct. To the extent that any such damages are covered by or under Ameresco's Commercial General 1.iabiliny Insurance policy, Ameresco shall not be required to indemoify Customer in excess of the proceeds of such policy. In no event, hotvecer, shall Aincresco be obligated to indenammify Customer to rile extent that any such injury or damage is caused by the negligence of Customer or any entity for which Customer is legally responsible. (d) Customer agrees to indeomiR-and hold harmless Ameresco, its officers, agents and employees, from and against any and all third part claims for damages but only to the extent such damages arise by reason of bodily injure, death or damage to property caused by Customer's negligence or willful misconduct.. In no event, however, shall Customer be obligated to incicnamifv Ameresco to the extent that such injury or damage is caused by the negligence of Anmcreseo or any entity for which Ameresco is legally responsible. SECTION 16 Agreement Interpretation avid Venue Hach party hereto liar had ample opportunity to review and comment on this .Agreement. 1-his Agreement shall be read and interpreted according to its plain meaning and an aombipih shall not be eoustued against either Parh•.'I'he judicia] rule of construction that a document shott](1 be nmorc strictl- construed against the draftsperson thereof shall not apple to am- provision of this Agreement. This ;Agreement Shall be governed as to all matters, whether of validity, interinetatiom, obligations, performance or otherwise eaelusir-ely br the laws of the State ill which the Project is located (the "State"). Regardless of where achmlh dclirer(d and accepted, this .A nrenmenr shall be deemed to have been delivered and acccpTeLl by all parties in the Stacy. Any mediation and legal proceedings involving the negotiation, formation, interpretation or enforcement of this A,,rectimnt may be brought in my state or federal district court having jurisdiction over the Parties. SECTION 17 Privileged and Proprietar} Information nwresco'S Systems, means, cost, in(] methodologies of cralnatnag, implementing, accomplishing and determining encrr" wrings and the terms of The Agreement for this Project shall be considered privileged and proprietary information. Customer shall use the same lm,cl of effort to protect and safeguard such information as it employs to safeguard its ott•n confidential information, provided, however, that Customer is a public entih' which has eery little information that is not open to the public. Customer shall not disclose such proprietary information without the. express written consent of an officer of Ameresco unless required to do so by statute or reg(dation. Wlien any request for disclosure of such information is made under any applicable frecdonm of information law (the " F011 ." ), Customer shall provide prompt written notice to Ameresco such that Ameresco will have time 16 opportunity to rinnely object under the FOIL, shield it desire to object to such disclosure of that information in vaholc or iu part. In the event Clint Customer is required to make a filing with any agency or i)rher governmental body, which includes such information, Cnstonner shall notify . \mcresco and cooperate with Arneresco in order to seek confidential treatment of such information included within any such filing or, if all such information cannot be protected from disclosure, to request that Customer be permitted to redact portions of such information, as Ameresco may desi,mmate, 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 unenforceable, 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 Subcontractinn (a) Amcresco may elect to use subcontractors in meeting its obligations hereunder. Nothing contained it) this Agrec•nncnt shall create any contractual relation between any subcontractor and Customer. (b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the N.CM(s), or any interest therein, or sublet or lead the E01(s) or permit the liC;`I(s) to be used by anyone other than Customer and Customer's employees without the prior cypress written consent of Ameresco; provided that Customer may, without obtaining the consent of Auncresco, assign its rights in the 1[Clvts to anv financial institution, lender or investor in connection with a leasing or financing arrangement for feuding of the Contract Cost. If Customer transfers ownership or its interest in the property- without the prior written consent of Anhereseo, this Agrec•mrut shall terminate automatically. (c) Aincreseo shall not assign this Agreement in whole or in part to any other part' without first Obtaining the consent of Customer, which consent shall not be unreasonably withheld; provided that, Anheresco may assign, without obtaining the consent of Customer, its rights and obligations under this Agreement in whole or in part to any affiliated or associated company of Anneresco and its rights for payments onh under this Agreemcnt to any financial institution, lender or investor in connection with a credit facility to wlvch Amcresco is a part-. SECTION 20 Waiver Any waiver of any provision of this Agreement shall be in writing and shall be sigmed by a drily authorized agent of ansreseo and Customer. The waiver by either party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or future waiver of any additional right that such party may be entitled to under this Algrcenhent. SECTION 21 Force Ma•eure If either Party shall be unable to carry out any part of its obligations under this Agreement (except ("ustomer's obligations to make payments when due), due to causes beyond its control ( "Fotce Majeure'), including, but not linlited to, an act of God, strikes, lockouts or other industrial disturbances acts of public enemies orders or restraints of any kind of the government of the United Stares or any state or any of their departments agencies or officials or any other civil governmental, militare 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 in effect but the affected Part)'s obligations shall be suspended for a 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 hfajeure, including the nature of the occurrence and its expected duration, and continues to furnish tinily regular reports with respect thereto during the period of force Majeure; (h) 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 Para- that arose before rile eve -tut of Force Majeure causing the suspension of performance are excused as a result of the event Force bfajcure; (d) the lion- performing Party uses reasonable efforts to remedy its itability to perform; and (c) the Term of this Agreement shall be extended for a period equal to the rlttnll)er of days that the event of Force hfajcurc prevented the non - performing Parry from performing. Any decision by Customer to close or change the use of the facilities or ECM's at the Propern" except to the extent such closure or change is itself caused by Force Majeure, shall not constitute a Force Majeure excusing Customer's performance under this A7neenlcnt. SECTION 22 Contract Documents (a) Upon execution of this Agreement by both Parties, this agreement and its Attachments, which are hereby incorporated herein by reference, shall constitute the entire Agreement between the Partics relating to the subject matter hereof, and shall supersede Al requests for proposals, proposals; previous agreement., discussions, negotiations, correspondences, and all other communications, whencct oral or written, between the parties relating to the subject matter of this agreement. (b) This Agreement may not be modified or amended except in writing sighed by the Parties. (c) Headings are for the convenience of reference only and are 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 date of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivcn, or six (G) business days after the date of mailing when mailed by 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 CJ'IY OF SOUTH BEND, INDIANA 227 \Vest Jefferson Blvd, 18 Suite 1400 N, South Bend, Indiana 46601 With a coFy to: Attention: Cristal Briscoe, Esq. CITY OF SOUTH BIND, INDIANA 227 \Vest Jefferson Blvd, Suite 12011, South Bend, Indiana 46601 (b) 1f to Antcresco: Amcresco, Inc. 150 North Michigan Avenue, Suite 420 Chicago, 11. 60601 Attention: Louis P. Maltezos, Executive Vice President With a cop- to: Amcresco, Inc. 111 Spcen Street, Suite 410 Framingham, MA f 11701, Attention: General Counsel I :iher Party may from time to time change the individual(s) to receive notices and /or its address for notification purposes by giving the other Part- written notice as provided above. SECTION 24 Records 'Po assist Anieresco in its performance of this ,Agreement, Customer shall (to the extent it has not already done so) flutnish (or request its energy suppliers and transporters to furnish) to Auereseo, upon its request, accurate and complete data (kept by Customer or Customer's cnerT- suppliers and transporters in the regular course of their respective buslames) concerning emerge usage for the existing facilities at the Property, including the following data for the most current thirty- -six (36) month period: utilin records, occupancy information; descriptions of any changes in building struemrc or heating, cooling or other systems or eeigy requirements; descriptions of all enctm consuming or saying equipment used on Propern; descriptions of all energy management procedures presently utilized. If requested by Ameresco, Customer shall also provide my prior energy analyses of tlhe Property to the extenr available. SECTION 25 Representations and Warranties Bach Part' warrants and represents to the other Party that: (a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute and deliver this Agreement and perform its obligations hereunder; (l)) its exectition, delivery, and performance of this Agreenent have been duly authorized by, or are in accordance mitt, as to ,Anieresco, its organizing instruments and as to Customer, by all requisite action and are not in breach of any applicable ]aye, code or regulation; 19 (c) 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 a breach or violation of or constitute a material default under, any agreement, lease or instruutcmt to which it is a party or by which it or its properties may be bound or affected; and (d) it has not received any notice, nor to the best of its knowledge is there pending or threatened any notice of any violation of any applicable laws, ordinances, regulations, tides, decrees, awards, permits or orders which would materially adversely affect it,, ability to perforin hereunder; and (c) the persons executing this ;\greement are fitlly authorized b; law to do so. SECTION 26 Additional Representations and Warranties of Customer Customer hereby warrants and represents to Ameresco that: (a) Customer intends to continue to vise 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 Property except as may have been disclosed to Ameresco by Customer in writing prior to the execution of this Agreement; (c) Customer has provided Aueresco with all records heretofore mpested by : \mcresco; (d) Customer has not entered into any other agreements or understandings for the Property with persons or entities other than . \mcresco 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 Propem, (ii) the enema„• usage at the Property or (iii) the ability of Customer to perform its obligations hcteundcr; and (t) Customer has obtained all necessary goeetnincutal, legal, administrative and any other approval necessary for it to enter into and perform this , \greemcnt. SECTION 27 Independent Contractor Nothing in this Agreement shall be construed 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 ; \mcresco. The entire control or direction of such business and operations shall be in and shall remain ill \neresco, subject only to :\meresc<i s performance of its obligations under this Agreement. Neither Ameresco nor any person performing inq duties or engaged in any work on the Property on behalf of Ameresco shall be deemed an em o ployee r agent of Customer. Nothing in this Section shall be deemed to be a waiver of Customer's right to use the Propern•. 20 Customer and Arneresco are independent of one another and shall have no tither relationship relating to or arising out of this Agreement. Neither Party shall have or hold itself our as having the right or nithorin to bind or create liability for the other by its intentional or negligent act or omission, or to snake an contract or othcnvise assume any obligation or re sponsibiliq in the name of or on behalf of the other Party. SECTION 28 Nye ligent /Wrongful Acts Neither Party to this Agreement slmall be liable for any negligent or wrongful acts, either of cormnmission or omission, chargeable to the other. "Phis 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 'l1me Parties shall execute and deliver all documents and perform all further acts that may be reasonably ne•cessnn to effectuate the provisions of this Agreement. Customer shall execute all documents which may be reasonably required for Arneresco to obtain all licenses, permits and governmental approvals required by amcresco for installation and operation of the li(:M(s). Ameresco's obligations hereunder are also subject to obtaining all such licenses, permits and governmental approvals as arc required to perform its obligations tinder this Agiecmrnt. Customer agrees that Anhcresco shall ]live the right to all environmental, energn, Financial, and electrical - related tax attributes, rights, credits, deductions, benefits and characteristics associated with or,,[rising out of tie trangnctons contemplated bN tliis afa-ecnmcnt or associated withh the 13CAfs or with the cnetgy, capacity• or electrical savings created under this agreement, howsoever created or recognized. Customer shall provide Ameresco all reasonable assistance in perfecting its rights to such attributes, rights, credits, benefits and characteristics. SECTION 30 Third Par-tj Beneficiaries The Parties hereto do not intend to create any rights for, or grant auv reumedies to, aril third party beneficiary of this Agreement. SECTION 31 Notifications of Governmental Action - Occu ational Safety and Health The Parties shall notify each otlhcr as pronhptly -,is is reasonably possible upon becoming aware of an inspection under; or any alleged violation of the Occupatioval Safety- and I Iealth act or any other provision of federal, state or local law, relating in any way to the undertakings of either Pary under This Agreement. SECTION 32 Termination for Convenience Customer shall take all nece•sswk- and finely action during the Term to obtain funds and maintain Appropriations sufficient to satisfy its obligations under this Agreement. The foregoing nottvitbstanding, subsequent to the date of the Delivery and Acceptance Certificate, this Agreement max. be terminated by Customer in accordance with the provisions of this Section 32. Customer sliall provide notice to Alneresco of its election to terminate no later than thirty (30) days in advance of the end of the then current Guarantee Year. *rhe termination shall become effective on the 21 last day of said Guarantee Year. 11te termination of this agreement by Customer shall release Ameresco from its obligation to provide maintenance, monitoring and training services after the effective date of termination, as well as its obligation to provide the SaNtinbn Guarantee after the termination date; provided, however, that Customer is responsible for payment for maintenance, monitoring and training services performed in accordance %i ith the terms of this agreement prior to the termination date and Ameresco shall remain responsible for any Savings Shortfall (as defined in Attachment C) payments due Customer prior to the date of termination. SECTION 32 References Unless othenN isc stated, all references to a particular Attachment or to Attachments herein are to the referenced Attachment or Attachments which ate 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. 22 IN WITNESS WHEREOF. the dulc authorized officers or representatives of the Parties have set their hand on the date first written above with the intent to be legally bound. CITY OF SOUTH BEND, INDIANA AMERESCO, INC. BOARD OF PUBLIC WORKS By: By: Authorized and Required Signature Name: Louis P. Maltezos Member Title: Executive Vice President Member By: Authorized Signature Member Name: Jeffi•ey L. Metcalf Title: Vice President - East Central Region Member Member ATTEST: Authorized Signature Title: 23 ATTACHMENTS !Q ENERGY SERVICES AGREEMENT BETWEEN AMERESCO, INC, AND CITY OF SOUTH BEND ATTACHMENT PROPERTY DESCRIPTION The following Buildings, ficilitics, and areas, which arc owned and operated by CUS1K)AM.R, are included in the Scope of Services set forth in Attachment 13: Name 24 46601 ATTACHMENT B SCOPE OF SERVICES 'I7»s Atrtduuent sets forth a description of existing equipment and the Energy Conservation Measures (ECAI) and related equipment to be installed by AmereBco at the buildutgs, facilities, and areas set forth in. \ttachment A within the Property. lustallation of the EC'\I(s) and the included equipment is subject to change if Ameresco discovers unforeseen conditions at the Propertl- that render its prelinrinary analysis of the property inaccurate, or significmth• affect achievement of the Guaranteed Savings. Aar changes to the installation of the 1 -01(s) and the iachulcd equipment arc subject to approval of Customer, which approval shall not be uareasomabl'y withheld, conditioned or delayed. •the ECM,, described below are. included in the Scope of Services: ITable 1 Century Center ECM No. Proposed Improvement 1 lRoofing Replacement 2 ILighting Replacement 3 ILighting II - Upgrades 4 HVAC System Upgrades S HVAC Control System Upgrades 6 Ceiling Tile Replacement and Upgrades Note: Although I (. \t 6 does not pi'odde utility• savings, it is caus;tlh' connected n> I: , 3 and I :.Af d. ECM 1: Roofing Replacement Roof Sections: A, 13, C, 1), 1{, F (Appendix A - Ref M -100 Drawing for Roof Section lavout llrauing) 1. Remove existing ballast and E.P.D.il. membrane 2. Remove wet insulation it, areas with existing roof damage and replace with new as to provide positive drainage. Scopc does not include total replacement of roof insulation. With slope valiance for positive drainage, insedation resisrutce value will van- between R -20 and R-24 ntininnur. 3. ]nstall new 15" Fires tone polvisocvanuaae as per Firestone's recommendations for a'1'110 InvisiWcld system. 4. Remove existing wall and curb flashiogs and install new7P0 (lashings as per Firestone recommendations. S. Remove existing wall 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'I'heantoplasdc - Polylefin Roofing - TPO, UltraPly Platinut TPO 0.060" Membrane System. B Solar Pancls(future) Firestone Spec. Section 07 07 00 - Building Integrated Photovoltaic Systems C Standard 20 Ycar TPO firestone Spec. - Section 07 5423 Thermoplastic - Polyletin hoofing - TPo, UltraPly Platinum TPO 0.060" Membrane Ssstem. 1> Ststiclaid 20 Year TPO Firestone Spec. - Section 07 5423 Thermoplastic - Poly-lefin Roofing - TPO, UltraPly Platinum TPO 0.060" \tcntbros Scstenr. $ Standard 20 Year "CPC) Firestone Spec. -Section 07 .5423'lliennoplastic - Polviefin lioofing -'1Po, UltraPly Platinum'l PO 0.060" Membrane Ststem. I+ Standard 20 Year TPO Firestone Spec. - Section 07 54231licrinoplastic - Poklefin Roofing - TPO, U1traPh- Platinum'1TO 0.1160" Menthrane System. G Green Roof .\pplication firestone Spec. Section 0-1.33 .63 Vegetated Roof System, Sky .,cape Lxtuosivc Vegetative Roof sstent, Firestone Building Pmducis. Roof Sections: G - Green Roof I. Remove existing roofing system to the deck. 2. Instill new R -20 Firestone Polyisocvinurare. 3. Install new Fully Adhered TPO roofing system in accordance to receive a Firestone Red Shield 20 Near \G'arrann. T. Remove existing wall and curb flashings and install new'1'PO flashings as per Firestone', rcconunrndations 5. Remove caisting w-All copings and reuse if applicable or install new 24 ga. firestone copings. Systems to be installed: Reference Appendix A attached Firestone specification: • Firestone Spec 0- 5423, 0.060" TPO, 211 Year W-.Irranty Fulty Adhered • Lire tone Spec f) 5423,0.060-1130, 20 Year \C'arranrc, InN is Weld - Induction Welded System. • firestone Spec 0v 33 63-\ Vegetative Roof System, Skyscapc semi - Intensive Vegetative Roof Ststem, Firestone Building Products. • f +irestnnc Seca Scct II � IC 1111 Buildutg inngr :ual PhotoNOltaic Systan ECM 2: Lighting Replacement Base Project - Lighting upgrades, Occtipanc.; Sensors. Vending Miners • Base Project: • For a Room by Room Lighting audit reference Attachment G. 26 Existing 2x4 4-T8 lamp troffers with parabolic louver lenses will be retrofitted with specular reflectors, extra long -life F28T8 lamps and high efficiency electronic ballasts. Existing 2x4 4'1'8 lamp troffers with parabolic louver lenses with low hours of operation will be rc- lainped with extra long -life F28T8 lamps. L,xisting 2x4 3 -T8 lamp troffers with parabolic louver lenses will be retrofitted with specular reflectors, extra long -life F28T8 lamps and high efficiency electronic ballasts. Existing 2x4 3'1'8 lamp troffers with parabolic louver lenses xvith low hours of operation will be re- lamped witli extra long -life F28T8 lamps. Existing 2x4 3 -T8 lamp troffers with low hours of operation will be re- lamped with extra long -life F28'T8 lambs. F.Hxisting 2x2 2'1.8 a -bend lamp troffers will be retrofitted with specular reflectors, x'17'1'8 lamps and high efficiency electronic ballasts. Existing 1 x4 2-T8 lamp troffers will be retrofitted with specular reflectors, extra long -life F28T8 lamps and high effrcicicy electronic ballasts. Existing 1x4 2 -T8 lamp troffers N ith low hours of operation will be re- lamped with extra long -life F28T8 lamps. Existing 2x4 2 -1'S lamp troffers will be re- lamped and re- ballasted with extra long -life F28TS lamps and high efficiency electronic ballasts. Existing 2x4 2-TS lamp troffers with low hours of operation will be re- lainped with extra long -life F28T8 lamps. Eixisting 4' 1 'r8lamp strip fixtures will be re- lamped and re- ballasted with extra long -life F28TS lamps and high efficiency electronic ballasts. L- '.xisting 4' 1'1.4 lamp strip fixtures xvith low hours of operation will be re- lampcd with extra long -life F28T8 lamps. Existing 4' 2 -T8 lamp strip fixtures will be retrofitted with specular reflectors, extra long - life F28T8 lamps and high efficiency electronic ballasts. Fixisring 4'2-'1'8 lamp strip fixtures with low hours of operation will be re- lampcd with extra long -life F28T8 lamps. Existing S' 4-T8 lamp strip fixtures will be retrofitted with specular reflectors, extra long - life F28T8 lamps and high efficiency electronic ballasts. Existing 8' 4-T8 lamp strip fixtures with low hours of operation will be re- lamped with extra long -life N28`1'S lamps. Existing 3' 2 -TS lamp strip fixtures will be retrofitted with specular reflectors, l �21'TS lamps and high efficiency electronic ballasts. Existing 3' 2-`1'8 ]nip strip fixtures with low hours of operation will be re•- lamped with 1'21'1'8 lamps. Existing 4' ? 'fS lamp wrap fixtures with low hours of operation will be rc- lampcd with extra long -life F28T8 lamps. lxisting 4' 4-T8 lamp wrap fixntres in poor condition will be replaced with new encrlgy efficient wrap fixtures with integral specular reflectors, extra long-life 128'1'8 lamps, high efficiency electronic ballasts and acrylic lenses. Existing 4'42178 lamp wrap fi=ire•s Nvith lot\- hours of operation will be re- lampcd with extra long -life F28T8 lamps. Existing 8' 2-T8 lamp wrap fixtures will be re- laiipcd and re- ballasted with extra long - life F28T8 lamps and high efficiency electronic ballasts. Existing 4' 3-TS lamp wrap fixtures with low hours of operation Will be re- lampcd with extra long -life F2EST8 lamps. 27 Existing 4' 2 -T'8 larnp industrial futures will be re- Tamped and re- ballasted with extra long -life F28T'8 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 128'1'8 lamps. Existing 320 watt pulse start metal halide high bap fixtures will be replaced with new LED high bay futures. Existing 320 watt pulse start metal halide flood fixtures will be replaced with new LED flood fixtures. Existing 100 Watt metal halide flood fixtures will be replaced with new LED flood fixtures. lxisting 100 watt metal halide flood fixtures with low hours of operation will remain as is — uo scope of Work, Existing 150 watt metal halide flood fixtures will be replaced with new LFD flood fixtures. E'xisting recessed can fixtures with 100 watt metal halide lamps will be retrofitted with Hard -wired JAM retrofit trim kits. Existing 40 watt G25 globe incandescent lamp fixtures will be re- lamped with (325 LED limps. Existing 35 watt 1\IR16 lamp fixtures Will be te- lamped with LEI) MR1 G lamps. Existing recessed can fixtures with 200 watt A -mle incandescent lamps will be re- lumped with LLD :\ -style lamps. Existing recessed cait fixtures with 100 watt A- style incandescent lamps Will be re- limped with LEI) .\ -style lamps. Existing recessed can fixtures with 120 watt R40 incatrdcscent lamps will be re- lamped with PAR38 L F.D lamps. Existing recessed can fixtures with 90 watt PAR38 incandescent lamps Will be re- lampcd with PAR38 LED lamps. Existing recessed can fixtures with 65 watt R30 incandescent lamps will be re- lamped with P_\R30 LED lamps. Existing track can fixtures with 90 watt PAR38 lamps Will be re- lumped Nvith PAR38 LE'D lamps. Existing track can fixtures with 70 watt PAR38 lamps will be rc- lamped with P.1R38 LED lamps. Existing recessed can fixtures with 70 watt PAR38 lamps will be re- lampcd with PAR38 LED lamps. 1'f•,xisting 100 watt .\ -style incandescent ]amp fixtures will be re- lamped with .\ -stele LI'D lamps. Existing 90 watt .\ -style incandescent lamp fixtures will be re- lamped with A -style 1-13D lamps. Existing 25 watt A- stele incandescent lamp fixtures will be re- lamped with A -sr\le 11,13 lamps. Existing 15 watt CFL lamp fixtures will remain as is — no scope of work. Existing 15 Watt CPI, 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. Existing 23 watt CFL lamp fixtures with low hours of operation will remain as is — no scope of work. Certain 25 watt CFL lamp fixtures will be re- lamped With LED .1 -style lamps — light 28 level increase. Existing 32 watt CFL lamp fixtures 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 a +otk. Existing recessed can fixtures with 26 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 Nvith 23 watt CFI. lamps and high hours of operation will be. re- lamped with LED BR lamps. Fxisting recessed can fixtures with 20 watt CF1, flood lamps and high hours of operation will be re- lammed with L.F:D BR lamps. Existing recessed can fixtures with 23 watt CFL lamps will remain as -is — no scope of work. Existing recessed can fixtures 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 Discovery Ballroom with 20 watt quartz ]amps have no good retrofit oprion —110 scope of work. Existing exit signs are L1 ?D and eucr y efficient — no scope of work. I�xterior — b xistiug pole mounted 1000 watt I IPS flood fixtures will be replaced with new LIaD flood fixtures. I ;xterior — I xisting pole mounted 7000 watt metal halide flood fixtures will be replaced with new LID flood fixtures. lixtcrior — Existing pole mounted 250 watt 1-IPS shoebox fixtures will be replaced with new I-ED shoebox futures. Exterior — l Esistiug pole mounted 150 watt I-IPS shoebox fixtures will be replaced with new LLD shoebox fixtures. I_,xterior — Existing building mounted 400 watt IiPS shoebox fixtures will be replaced with new l Lill shoebox fixtures. Exterior —1 xisdug 400 watt 1113S flood fixtures will be replaced with new LED flood Fixtures. Exterior — I :xisriug 150 wart ux•tal halide flood fixtures will be replaced with new LE 1) flood fixtures. Exterior — 1 •:xisting 100 wart metal halide flood fixtures will be replaced uvith new 1,I:D flood fixtures. Exterior — Existing 100 watt I IPS bollard fixtures will be retrofitted with liard- Nvirc•d I. HD light eugincs and electronic drivers. I xterior — ]Isistiug recessed 1x4 2 =1'8 lamp troffers will be retrofitted with 4' Ll'M tubes and czterual electronic drivers. Exterior — Existing recessed can fixtures with 23 Pratt CFL lamps wrill remain as is — no scope of work. ECM 3: Lighting I1 Upgrades l.ighIing Controls - Additional LED's, control panels, dimming, color clianging options. Existing 15 watt C L lamp fixtures will be re- lamped with A -sn•le LED lamps. Existing 23 watt CPI, lamp futures will be re- humped with ,1- style LLD lamps. 29 Existing 32 watt CFL lamp fixtures will he re- lamped with A- stele LED tamps. Existing recessed can fixtures with 13 watt plug -in CFL lamps and magnetic ballasts will be retrofitted with hard -wired LED 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 fixxtu es with (2) 26 watt plug-in CFL, lamps and magnetic ballasts will he retrofitted with hard -wired LED trim retrofit kits. Existing recessed can fixtures with 23 watt CFL. lamps will be retrofitted with hard -wired LF.1) trim retrofit kits. Existing recessed can fixtures with 42 watt CFL plug -iii lamps will be retrofitted with hard- xvired LED trim retrofit kits. Existing surface mounted fixtures with CFL lamps will be re- lamped with A -style LED lamps. Exterior — Existing recessed can fixtures with 23 watt CFL lamps will be re- lamped with L13D flood lamps. OCCUPANCYSENSORS • For a Room by Room Lighting audit reference Attachment G. Dual Sensing Occupancy sensors will be installed in the following area: • '1 *�.pes of occupancy sensors to be installed: wall mounted, ceiling mounted low voltage, ceiling mounted litre 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:lrca Hkgh Bays Certain Hallways 30 Conference Rooms Lounges Concessions Vcndmisers BENDIZ TLIEATIZE. Stage Lighting — Existing pendant mounted cylinder fixtures with 300 watt incandescent lamps will be replaced with new pendant mounted cylinder fixtures with LED flood lamps. Aisle Lighting - Existing pendant mounted cylinder fixtures with 300 watt incandescent lamps will he replaced with new pendant mounted LEll cylinder fixtures. Seating Lighting - Existingy pendant mounted cylinder fixtures with 300 watt incandescent lamps will he replaced with new pendant mounted cylinder fixtures with LED flood lamps. Perimeter Lighting — Existing recessed can fixtures with 200 watt A -style incandescent lamps will be re- lamped with L E'D PAR38 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 LED can fixtures. GREAT I LUJ General bighting — Rxisring recessed fixtures with 300 watt incandescent lamps will be replaced with new LLD recessed can fixtures. New layout for the additional fixtures needed. Twinkle Lighting — I aisting incandescent string lighting will be replaced with new LED string lighting. New conduit, wire and junction boxes will be installed for both ECM's to comply with current electrical codes. Synergy Lighting Control Panels to be installed. New ceiling by others is a requirement to accomplish lighting LiC1\Ps. 31 RECITAL IiALL Stage Lighting — Existing recessed can fixtures (in lard ceilings) with 250 watt PAR56 Quartz halogen lamps will he replaced with new LED recessed can fixtures. I laid 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- limped with LED G25 lamps. Seating Lighting — Existing recessed can fixtures with 90 watt PAR38 incandescent flood lamps will be re- limped with LE "D PAR38 lamas. Perimeter lighting - I ? '.xisting recessed can fixtures with 200 watt A -style incandescent lamps will be re- limped with LIED 13AR38 lamps. Synergy Lighting Control panels to be installed. SUITES 1 -11 AND CORRIDORS Suites 1 -11 — 1_'sxisting recessed can fixtures with 200 watt A -style lamps will be replaced with new LED recessed can fimires. Suites 1 -11 — Lxisting wall mounted sconce fixtures with (2) 100 watt A -style lamps will be re- lampcd with LED A -style ]amps. Suites 1 -11 — Existing wall mounted sconce fixtures with (2) 23 watt CFL, lamps will be re- lampcd kith LI:iD A -style lamps. Corridors and Elevator Lobby - Existing recessed can fixtures with 23 watt CF l, limps will be replaced with new Ll D recessed can fixtures. Corridors — I3Xisting Chandeliers with (18) 35 watt flame tip incandescent lamps will be replaced with new chandeliers with LI?D flame tip lamps. Corridors — Existing Chandeliers with (18) 40 watt G 16.5 incandescent lamps will be replaced with new chindeliers with LED flame tip ]amps. Corridors — Existing wall mounted sconce fixtures with (2) 23 watt plug-in CI -'L lamps will be replaced with new 1.13D sconce fixtures. Synergy Lighting Control Panels to be installed. • Reference Ceiling Tile Replacement and Upgrade SU111:S 12- 15. \ND CORRIDORS Suites 12 -15 — lxisting recessed can fixtures with 200 watt , \ -sn le lamps will be replaced With new LF.D recessed eau fixtures. Suites 12 -15 — Existing wall mounted sconce fixtures with (2) 100 watt e\-style lamps will be re- limped with LftD ,\ -style lamps. Corridors and I3lcvator Lobby - Existing recessed can fixtures with 23 watt CFL lamps will be replaced with new 1 J M recessed can fixtures. Corridors — Existing will mounted sconce fixtures with (2) 23 watt plug -in CFL lamps will be replaced with new LED sconce fixtures. Synerr,,y liglhting Control panels to be installed. • Reference Cciliug'l'ile Replacement and Upgrade COLOR CHANGING LED OPTIONS 32 Suites 12 -15 Alcoves — Existing recessed can futures with 100 watt metal halide lamps and ballasts will be replaced with new Color Changing LED fixtures. Local pre- programmed control Install a mflective hlun product on windows to allow the color changing LED to reflect and produce the desired color changing effect. Pavilion Canop; — 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 Halln ay Areas Upgrades: 1) Remove (11) Carrier \lodulinc Boxes with Diffusers. 2) Replace• Nvith (11) "Titus Boxes (or approved equal) VAV boxes and 2x2 or 2x4 standard Titus Linear slot diffusers (or approved equal). (Reference. Attached .i) Remove existing Pneumatic control system and replace with new build ng automated control System. local Suite Direct Digital Controls to ntodulaate \'AV boxes and provide: a. pm•ironmental temperature Control over suite. h. Occupied and Llnuccupied room control from Building automation S)'stem and new occupancy sensor. c. local exhaust fans seining the suites shall be )activated or deactivated] scheduled or programmed from the B. \S or overridden be local lighting occupancy sensor inputs. 4) add existing meeting room exhaust f:m control to new DDC system additions. 5) Lighting Upgrades will install occupancy sensors in roosts /areas being; reworked. Coordinate with lighting contractor (2"1 set of contracts) to use new lighting occupant)' sensors to close \'A\' 13oxes and turn off exhaust fans serving area. C) Reference Cciling Tile Replacement and Upgvide 4.2. — Mechanical — Isolation Dampers on AHU -1, 2 and 8 Isolation Dmnpers - In conjunction with #1 and #3 above, install DDC,vstcm controlled isolation dampers to isolate different areas that arc• served bY the same AIR! (i.e. office area vs. ball room, mec ting room cs. lower level kitchen, etc.) (Reference llrnvings) 3) O:\ and RA Dampers — Repair or replace complete dampers/ seals and /or linkages on outside and return air dampers on Ali] "s. 1 -10. (lice Spreadsheet for listing) 4.3. — Mechanical — Update and Repair Variable Frequency Drive to Air Handling Units 9) Replace or add thirteen (Li) Graham cui :d�lc• frrgoencc drives or acid \'ID's on. \f iU- 2,.i,i;5,G,4,70,11, 12 and integrating their wpportinG Retum /P :xhausr l ;m, It -19, 2.3, 2 %, .i4. (reference . \I IU Spreadsheet) 4.4. — Mechanical — VFD's on Cooling and Heating Water Loop Pump and Valves. 10) Replace. [•.sting chilled water pump(s) pith new .\rrnstroag punip(s) with integrated Danfoss VI-I) (or approved equal solution). a. Replace existing 3 -tt;ty chilled myater valves with new 13elinut 2 -way electronic y:dves on: .\I IL' -1, 3, 4, 5, 6. ] 1) Rcpl,tce existing hot tyatcr pump(,) tcith nets Armstrong pnnrp(sl with integmicd llanfoss \Tll (or approved equal solution). n. Replace existing 3 -tvac hot \vater valves With nets Mow 2 -way electronic calve, on: A] 112 - 1,.3, 4, 5, 6. b. Reference Attached pomp Schedule 4.5. — Mechanical — Chiller and Cooling Tower Repair and Rework 34 12) Fix or replace. three (.i) existing isolation valves on cooling; tower cells, so that tower trial. he staged [ON] and jOfQ. Currently the Valves are not workhrg properly and the complete tower is on or off. a. Water Meter - -Move cooling tower mater ineter to prober installation for monitoring and reading flow to toreer. b. Provide isolation calves for chilled mater system to segment chillers and operational flow. 4.7. — Mechanical — Add Humidification, Control, and Monitoring System to Museum 13) Afuscum —. \dd Humidification Control to :\luscum area AMU's. Sensors and Steam humidifier to be added to existing unit. 4.9. — Mechanical — Kitchen Unit Rework 14) Add new kitchen :\ir Banding Linit M maintain and control kitchen environment and separate from the existing facility. 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) Ameresco will ctntincer, provide, install, commission, program, shartup and check -out, project management, train the owner and provide the electrical installation on the following: 5.1 — Controls - Web Based Building Automation System • TNco SCI -FS -GO (DACE Panel) Web Based Supervisory Controllers. • New desktop workstation and monitor. o Niagara. \lserversoftware. o Grapliic displays shmving all data from control system. o Static 11' addresses from existing I'thcrnet network to be funtished by owner. o Ethernet cabling ro be provided by 011110r. 5.2 — AHU 1 -10 Bight (S) AHU control Systems (Existing Enclosures) • IS -PCG DDC Controller with required expansion modules. • New controller to be installed in existing enclosure er . \7iU. o New -1110 tenrperuture sensors. • Ncw .\f IU duct static sensors. • New : \I-IU humidity sensors. • Rcuse all existing binar. input devices. o Reusc all existing starrh top and interlock relays. • Control of existing • Control of existing cakes and dampers. • Monitoring of existing stoke detectors. • Existing point to point wiring to he reused. • New BACnet conituniruion trwd: super isti. controller 5.3 —AI1U 11 -15 Fight (5) AHU control Scetenrs (New Enclosures) • FGPCG DDC Conttollcr with required expansion modules. • New controller to be installed in new custom built enclosure at AHLI. o Ncw AI IL' temperature sensors. • New AHU duct static sensors. • New -\11Ll humidity sensors. 35 • Reuse all existing binan. input devices. • Reuse all existing start /stop and interlock relays. • Control . of existing VFDs. • Control of existing Calvet and dampers. • Monitoring of existng smoke detectors. • Existing point to point wiring to be reused. o New I3ACnet communication trunk to ICJ -FS -60 supervisom controller. 5.4 — CWS (1) Chilled Water Control System • FS -PCG DDC Controller with requited expansion modules. • New controller to be installed in existing enclosure in central plant. o New hvdronie temperature sensors. • New chilled water pressure sensor. • Reuse all existing binary input devices. • Reuse all existing suet %stop and interlock relays. • Control of existing VF13s. o Control of existing riders. o Existing point to point wiring to be reused. • BACaet integration of Carrier controllers (BACnet communication cards be others). • New 13ACnct communication trunk to JCI -Ft -60 supervisor• controller. 5.5 — I M S (1) I lot Water Control System • FS -PCG DDC Controller with required expansion modules. • New controller to be installed in existing enclosure in central plant. • New hcdronie temperature sensors. • Reuse 1111 existing hint. input de•viees. • Reuse all existing srarr %stop and interlock relics. • Control of existing VFDs. • Controlofcxistingvalves. 0 15xisting point to point wiring to be lensed. o BACnet integation of Boiler Staging Panel (BACnet communication cards by others). o New BACnet communication hunk to ICJ -FS -60 supervisors' controller. 5.6 — Cool Tower (1) Cooling Tower Control Svstenn • J .S -PCG DDC Controller with required expansion modules. • Nco• controller to be installed in existing enclosure in mechanical room. • New hvdrrnhic temperature sensors. • Reuse all existing binar� input devices. • Reuse all existing slut %stop and interlock relays. • Control of existing \l-1)s. • Control of existing valves. • 1' ?xisting point to point wiring to be reused. • New 13. \(,net communication trunk to 1CI -J ;`; -60 supervisor, controller 5.1 — \-A\' (1 S) Variable . \ir Volume Box Control and Tmnk o N2 integration of existing DDC VAC box controllers 5.8 —AI -IU VFD (14) . \ir I landling Unit Supply Pan VI-1)', o Start /stop, status. ;re(I speed control signals for fill V11)s. • BACnet integration of V17Ds 03ACrlet communication cards by others). • VI-Ds provided by others. 5.8— Punhps (1) 1Iydronic Puntpinp Modifications o Start /stop, status, anal speed control signals for fan VFDs. 0 BACnet integration of \T7)s (13.- \(:net comnuu ication cards by others). 36 • VFns provided by others. • New 2 -wiy DDC electronic control valves for CI-I \N' coils (9). • New 2 -wav DDC electronic control vilccs for I1\N' mils (9). • Valves to be installed by mechanical contractor. 5.9 — Cl' \'al-cs (1) Cooling Tower Modifications • New DDC electronic isolation vilves for Towers (3). • Valves to be installed by mechanical connector. 5.10 — Chiller Controls —Modular Chiller Controls • Start/stop, stitus, and atom ;igtwls for new chiller. • 13ACnlet integration of chiller (13ACnet communication cards by others). • New hydronic temperature sensors. • New DDC electronic isolation values for chiller (2). • Valves to be installed by mechanical contractor. • All points to be tennivated it existing chiller control panel. 5.11 — Humidifier (2) Gallery Humidification Control • Analog control signal for new ]wmidifier. • New gallerr bun» thh' sensor. • I- Inmidiry high hinit sxxitch. • Humidity :iirflosc proving stcitch. • All points to be terminated at existing AHU control pine]. ECM 6.0 — Ceiling Tile Replacement and Upgrades Gmcml Improvements: Secrions 13 and F- 1. Ceiling Tiles are to be removed in: (ref drawing Lo\eer Level B and Ii Sections) Room Room No. ELEVA,rm LOBBY 13118 CORRIDOR 13121 SUITE 1 13122 SL! IT 2 B123 SUITI' 3 B124 CORRIDOR 13135 SUITI 4 13131 SUr1T 5 8132 SUITE 6 13133 SUrfli 7 13134 eLITE:8 13136 SUIT) ? 9 13137 SUITE 10 13135 sum., 11 13139 CORRIDOR E121 STAIRVESlll3LILE 1?122 2. Note L:xisting Spline Ceiling tiles mill be removed ind replaced with ceiling grid and liv -in 2x2 tiles. Locition of the new ceiling will be the same height as the old ceiling, to use existing sprinlder hrtds and sensor;. 37 :c 'rc L _ C9 .9pa 6. 3. New Ceiling Grid — amtsnonq, TechLine S? Armstrong, Prelude Sl, 15/16" Exposed Tee System. (Ref. attached Anlimoug specification) 4. New Ceiling Tile — Armstrong, TcchLine g__ Armstrong, Cortega, Cortega Second Look, Square ],ac- in and Tegular, medium texture tiles. (Ref. attached Amrstrong spec) 38 ' I O i i t'N4 it r, ei ;' •- r�, it Note: this corridor is aemallc in section "H" from on final Key Plan. i. hire .1larnn — Existing Sprinkler heads and sensors eil] remain and be reused in the new ceiling at same locations. G. audio System — Existing Audio system will remain and be reused in the new ccilnag, at same locations. 7. lighting — gill be replaced. S. IIC.\C Grills and Rc,g�istcc —\Gill be replaced. Section F - Great Hall — Ceiling Rework and Replacement 39 VIA q% IVV S� 191J, A A I 4 General - Existing slotted ceiling is to be removed, reworked, and replaced after lighting retrofit has been completed. 1) Remove "lotted ceiling front Grcat I hall Area sectioned in red in above drawing. 2) Lighting retrofit is to replace the existing: :1. 12 x 12 square hall lighting adll be replaced with 16 "dia. round high bac LEDs, in sane locations. b. 1 hanging "'1 \tinkle Lights" Hill be removed and replace with new hanging LED's and lamination sestcra will be brought up to current electrical code with conduit and junction hoses. 3) Slotted ceiling rill be reworked fin," existing 12s 12 opening to accept new 16" 01 high bac LED's in .,;line location. 4) Fire . \larnn —1 Existing Sprinkler heads and scnsorx «ill remain find be reused in the new ceiling at same locations. :i) Audio Sy"tem — Hxisring Audio system pill remain and be reused in the new ceiling, at s;uuc locations. 40 G) Lighting. —will be replaced. 7) 1 -ICAC Grills and Registers —I 'M. sting I I VAC Grills and Registers will be reused in the new ceding, at the sane• locations. 4) Removal Sections -Area by V`indows will have to have access to roof. a. N\'ith new roof, there will be anchors being added for window washing and they will need to he inspected ,yearly. b. Sections will need to be removed for inspection. Gen — Great HA11- Corridor Areas Ceiling Tile Removal and Replacement 1) Ceiling ,files are to be removed in: (ref. drawing Lower Section F Great hall Surrounding ceiling) 2) Note: Existing Spline Ceiling tiles will be removed and replaced xvith ceiling grid and lay -in 2x2 tiles Location of the new ceiling mill be the sinc height as the old ceiling, to use existing sprinkler heads and sensors. .i) New Ceiling Grid - Armstrong, Techl,ine 877 Armstrong, Prelude \I, 15/16" Exposed 'I'm, System. (Ref. attached .l nrstrong specification) 4) New Ceiling Tile — .Amistrong, TecbLine S 77 Armstrong, Cortega, (,ortegn Second look, Square Lup- in and Tegular, nncdiuni texture tile:. (Ref. attached Armstrong spec) 5) Fire :Wrtn — Existing Sprinkler heads and sensors will remain and be reused in the new ceiling at sine locations. 6) Audio Swstem — Existing Audio system will remain and he reused in the new Ceiling, at sane locations. 7) Lighting — Existing Lighting will he replaced. S) HVAC Grills and Registers — I':xisting I IVAC Grills and Registers will be reused in the new ceiling, at the same locations. 41 r' i- 42 • Unless specifically nored ill the Scope of Services — no piping covers have been included. • If applicable - till and carpet in -fill snips will match adjacent existing as close as possible but an coact match cannot be guararrrecd. • If applicable - existing ceiling tiles will be removed and reinsmlled. New ceiling / grid is not included in the Scope of Services unless specificially nored. 44 ATTACHMENT C SAVINGS GUARANTEE GUARANTEED SAVINGS AMOUNT: GUARANTEE PERIOD Anhcresco hereby gulu-antecs to Customer that the amount of the Annual Savings shall equal or exceed the "Guarnnrced S:niogs" (as specified in T able Gl below), over the Guarantee Period (defined below). The _Manual Guaranteed Battings Amount is made up of three (3) sadngs components: 1. EnerM- (Iracctric and Gas) Savings; 2. Operational (O & \I) Cost Satings; and 3. Capital Cost Avoidance Saving. Calculation of the Annual Sowings, inclusive of Agreed Upon Savings, shall he performed under, and governed by, the methods, formulas, and procedures described in the \ieasureniew and Verification Plan set forth in Attachment G. Table • C-I 1 savill"s 882,268 $6,500 Avoidance sa� ill $362,936 S4.51,704 2 $84,736 $6,630 $370,195 5461,561 3 $87,278 $6,763 $377.599 '471,640 4 $89.897 $6;898 $385,151 $481,945 5 $92,594 $7.036 $392,854 5492,483 6 $95371 $7,177 $400,711 1503,259 $98.233 $7320 $408,725 5514,278 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 $117295 $8,244 $460.291 5585,829 14 $120.814 $8,408 $469,196 S598,%19 15 $124.438 $8.577 $478.886 5611,901 Aic, Guarantee Period shall he 15 rears unless tcrnimhted et-lier as a result of termination of rile Agrcenlemt or of ihc• \I & \' Services described in : \ttachnhent G. "Ilse Customer has reviewed the Guaranteed Savings calculations, assumptions, Ind methodologies contained in the M k V Mau and the B amine set forth in Mtrachment G, and the Standards of Service and Coulfort set forth in .. \itachnent lI and finds them to be. reasonable. 45 ATTACHMENT D (Il DELIVERY AND ACCEPTANCE CERTIFICATE PROJECT COMPLETION LOG Sub- Project Tasks /Pouch List items Completion Date (special instructions etc.): Items furnished to CUSTOMER kith this Delivers and Acceptance Certificate: ❑ 12cccipr of owner's manuals; sets. ❑ Rcccipt of instruction and training; ❑ Completion of inspection and walk- through. ❑ Reccipt of warranty information. 77ie punch list items arc hcrchc completed in accordance with the AgTecinent. Customer agrees that the Agreed Upon Savings have been satisfied for the term of the Guaranrce Period. Total Agreed Upon Savings $ 46 ATTACHMENT D (21 PERCENT COMPLETE ACKNOWLEDGEMENT CERTIFICATE Customer hereln- acknowledges receipt and acceptance of the portion of the Energy Conservation Ucasure (the "LC \f') described in Attachment 13 to the 1 nctgw Semices ,agreement (the ".4grecnrent ") dated , 201_ between Customer and Ameresco. Customer certifies that the pork described in the related application for payment submitted bw Ameresco has been completed in accordance vith the Agreement and that the ECM(s) are _ percent complete, as substantiated b)• sufficient detail provided bi• Ameresco. Customer agrees to make pni ment to .-Anrcresco asset forth in Section 4 of the Agreement. Date Accepted 1)g Accepted for: Accepted by: Namc Title: ACKNOVI- EDGMEN'f OF :IMERESCO :\nreresco hereby- acknowledges that the total amount duc• based upon percent complete for the EC:.1's described in Attachment 13, and the -Notice to proceed, hereto is S Date Accepted by Aneresco: accepted for: AMERliSCO,INC accepted bw: Name: Title: 47 ATTACHMENT D (3) SUBSTANTIAL COMPLETION CERTIFICATE PROJECT NAME & ADDRESS: PROJECT NO.: CONTRACT DATE: DESCRIPTION: The installation of Mist each EMf being; accepted arith this certificate] under the Agreement has /have been reviewed and found to be substantially complete. The date of Substantial Completion of the forgoing LC\f(s) is hercbc established as: SUBSTANTIAL COMPLETION DATE: The date of Substantial Completion of an 13CM is the date when such itCM is eufficientic complete in accordance with the Agreement so that Customer derives beneficial use thereof Customer agrees that the Agreed Upon Savings associated with the E(-Ms' listed have been satisfied for the tumt of the Guarantee Period. Agreed Upon Savings $ The Substantial Completion date set forth above is the date of commencement of applicable warraaticS for such ECif(s), as required by the Agreement. A list of items to be completed or corrected is identified below as punch list items. CONTRACTOR: Ameresco, Inc., 111 Speen Street, Suite 410, Framingham, Massachusetts 01701 AUTHORIZED NAME: CUSTOMER: AUTHORIZED NAME: (ape or print) (type or print). DATE: DATE: PUNCHLIST ITEMS Attach :iddirional page(s) as necessary. Number of pages 48 [Please Print On Customer Letter Head] ATTACHMENT E NOTICE TO PROCEED MONTH DAY YEAR Louis P. Ualtezos Executive Vice President Ameresco, Inc. 150 N. Michigan avenge, Suite 420 Chicago, 11, 60601 SUBJECT: NOTICE TO PROCEED Mr. 1laltezos: In ;accordance with the terms of the Energy Services Agreement dated ilarch _, 201i, the City of South Bend, Indiana, hereln- issues this Notice to Proceed to Ameresco in relation to the Scope of Services set forth in such Agreement. Sincereh, City of South Bend, IN Name: 'title: 49 Change CUS'romvR: Department: ATTACHMENT F CHANGE ORDER Request Project No. Contract No. Site: Title: I. REQUEST Date: (a) Requested bt Of (h) Description of change II. AMERESCO's AGREEMENT No. For all costs involved in this change including extensions of tine hcre•in requested, Aineresco propnscs to perform the work desciibcd in accordance with the provisions of the• Agreement for the price as follows. Payment shall be made on the basis of: (a) Predetermined lump sum total of Place an "N" beside selected proposal method and strike Out either (add) or (deduct) whichever does not apply. If mce mill', attach dctaile•d estimates load breakdown for above in accordance crith ch:mge• order instruction. A claim for work performed Under protest may be submitted pc•r (c) above. A'IT \CI IUHNTS Tailor m Chant- e Order • nd Scone] All references in the Agreement to Attachments shall also mean and refer to AttaCIII)ICatF A- _,13 -_ etc., as a separate• scope of Work- .lttadmrcnts .\ -1 through 1-1 shall be read and construed selianuch from Attacluncnts .1-_ through -_ All other provisions of the Agreement aot expressly modified by this Change Order #_ shall remain in full force and effect including, but not limited to, Section 25 of the Agreement, Representations and \\'amantics, Whirl) representations and warranties are incorpornted herein by reference with respect to this Change Order IN \C7TNI:SS VTIF•.RI iOP, the Parties hereto have caused this Change Order #_ to be club' executed and 50 delivered by their proper and duly authorized officers. AMERESCO, INC. Bv: Louis P. \laltezos Bv: Title: Executive Vice President Title: Date: Date: (Signature Required) CUSTOMER APPROVAL: CUSTOMER 51 Contract beard g Previous Additions Previous Deductions I3v: Net Total 'Title: This Change Date: 'Total S 51 =ACHMENT G MEASUREMENT AND VERIFICATION PLAN; METHODOLOGY OF CALCULATING SAVINGS SECTION 1: SAVINGS MEASUREMENT AND VERIFICATION Utility Rates 'fable GI summarizes the baseline utility rates. 'lltese rates were used in establishing the Baseline and calculations in this Attachment G. Throughout the Term of the Guarantee Period the utility rates in Table G 1, escalated at 3.0° �� Per Year shall be used in detcrnnining Annual Savings. This escalation factor is based upon the Federal E:ncigy Ni:umgenunt Program ()--ENIP). Encrgy ]iscalation Rate Calcadator (FITAC. 2.0 -13) tool which is developed using historical utility information.'I'lie Customer acknowledges and accepts the utilin. rates set forth in 'fable GI as reasonable. 'fable G2 summarizes baseline data received b) Ameresco from Customer. Table G1: Utility Rates All Buildings $0.079 $4.70 $0.572 Table G2: Existing Utility Information Measurement &Verification Overview For each Guarantee Year for which .\nhcresco is obligated to provide : \I \' Cervices, .\meresco mil complete the :uumm MSC\' $e•rvices as set forth herein and document its findings, including the determination of annual Savings, in the annual NhC\' Report, Allicresco shall submir the annual MeC\' Report to Customer as set forth below. The approach to M"N' is based rnt the Intcmmimhal Performance Measurement and \'crifieation Protocol QPNI \'P) \'olunre 1 2012 (Jarman. 2012). IYNI \'P \'ol une I is a guidance document describing connnon practice in nycasunlig, computiniti, and reporting s:nings achieved by energy or water efficiency projects at end user fiacilities. "lhc IPM\'P presents a framework and the four.\lR\- options. for purposes of this Agrcenhent, the Parries have adsa included an additional NIcC \' Option — "Agreed Upon" sayings. "Agreed I'pon" savings are not subject to measurement or verification and do not include measurement and verification activities and is utilized on LiC: \Is where rbe costs to accurately c lcuLne, measure, or monitor the projected savings would be crcater than the ouhtieioated sayings value. 52 Sayings are determined by field immurement of the key performance parameter(s) which define the energy use of the 1_Ortq affected systenn(s). Estimates of the non -key parameter are used for the swings calculations. Savings are determined be field measurement of the energy use of the ECM- affected system. Savings are determined by measuring energy use at the whole facility or sub - facility level. Option D: Calibrated Simulation Savings are detemnined through simulation of the energy use of the whole facility, or of a sub- facility. Simulation routine, are demonstrated to :adequately model actual energy performance measured in the facility. The model is closely calibrated with data collected for each EC \I. Agreed Upon Savings: No M&V, Operational Verification Used where list to tccurateli- calculate and /or measure savingg would exceed anticipated savings or in. situations where the risk associated with the calculated wrings amoiint does not justif . the cost of oa- going 111easurennent of Verification gerviceg. Table G3 sets forth the V& -\' methods to be used for the various IiC'Ms and The details of the plan execution. 53 w U F u w O ?A a v E v Y m u R F I 'C a" U w`• a r n d F a y u a R O •F � 4 ti 7 m a° {a7p D ° �Sa A Y (q c 4 P �a U w c h C > 8 u .. •S a L «L' v 5 0 n '4 Q a u O° '7 a� � GA G ie a u v 7 O'j n �ejC C v CR p^u C'D°.t; O N U a L L °� n° ggW Fa 0. El gi � yet FF .�'uF.3�U O °A V V V .O FLL (` L� C. N 6 UV L" o L � v 7 W ESC �o ec Fi 'L' •L' e wG G c h Agreed Unon Energy Savings Thhc Animal Sayings 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 snit ;ire not subject to measurement or verification. In each subsequent Guarantee fear, the Agreed Upon Savings shall be escalated At a rate of 3.0 ,S, per year to determine the Agreed Upon Sayings from these measures for such Guarantee Year. Tit» s escalation factor is based upon the Federal 1`3nergy'Alanagement program (M-Alp) Emerge Escalation Rate Calculator (PERC 2.0 -13) tool which is developed using historical utility information. The parties have reviewed the savings in Table G4 and the Customer agrees and accepts that upon Substantial Completion of the related }:((ails the .agreed Upon Savings set forth in Table+ 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 Satvtgs for First Guarantee Year ECM breed Upon Saunas ]-CM 1:Roofin Replacement $1,645 Total Agreed Upon Energy Savings: $1,645 Agreed Upon Operational Savings and Capital Cost Avoidance Savings The annual operating cost savings and capital cost avoidance savings identified in 'fable GS bdmv are Agreed Upon Savings for the First Guarantee }'car documented by the calculations and methodologies described in this :Attachment G and are not subject to nhcasurement or ycrifictiou. These savings have been reviewed and analyzed br the Parties and MAY include but are not limited to: repair and maintenance cost reductions; deferred maintenance backlog cost reductions; and other long term operating cost savings. In tacit subsequent Guarantee ]'car, the :lgrertl L!pon S;tvings - Operational and Maintenance savings hh'I-able (35 shall be escalated at a rate of 3.0 "5, per year tip determine the Agreed Upon Savings from operating savings for such Guarantee )'car.. This escalation factor is consistent with the rate used for energy sayings which a %ts bawd upon the Federal lnergc Management Program (M MP) ] inergy Lscalation Rate 0alculan>r 0:131:0 2.0 -13) tool which is developed using historical utilin infomtatirnh. 77ve Customer agrees and accepts that upon Substantial Completion of the project, the .Agreed l'pon Savings set forth in Table G5 below shall be deemed achieved and included, with appropriate escalation as sit forth herein, in the Annual tracings de•tennined for such Guarantee fear. Table G5: Operational Agreed Upon Savings for First Guarantee Year ECAf/Buildiva Agreed U on Savings Operational and Maintenance Savings $6,5u0 Capital Cost Avoidance Six ing, ~362,936 Total Operational and Capital Cost Avoidance Agreed Upon Savings in First Guarantee Year: $369,436 M &V Services Ailleresco will perform the ;`I &C Smices and submit to Customer it meaamvincat and verification report, which shall include a guarantee reconciliation (the ° \I & \- Report') upon the later of (i) ninety (90) days after the end of each Guarantee Year and (ii) sixty (60) days after Ameresco receives or obtains all utility billing and other cliern>\ usage data neccssan_� for. \mcnsui's completion of the Guarantee Reconciliation. Thc• \I &C Report will include a calculation of the cunndative.Annual Swings achieved in relation to the cunhulatiye Guaranteed Sayings for the period being reconciled. T7te M&V Scn-ices will be performed and an .\nnual M &\' Report delivered for Guarantee Years 1 through 1.5 55 of the Guarantee Period. By written notice to Ameresco provided tlo later than tlttle'ty (90) days prior to the comincncetnent of it Guarantee Year, Customer, in its sole discretion, may elect to discontinue the M& \7 Services, provided however, time Guaranteed Savings will he deemed achieved for the balance of the Guarantee Period and no further'M &V Services will be performed. The Guaranteed Savings will be dectned achieved for each pear for which \f &V Services are not required to be performed. The Customer must pay the stated \f &V fee listed in Attachment I in each given year for the \f&\' Services to be provided as required by the Section 3(d) of the ESA. Failure to pay the M&N Service fee on an annual basis will result in tcrnnmation of the \I &\' Services, sold the Guaranteed Savings shall be dectned achieved for the balance of rite Guarantee Period. Ill the event of early termination of this Agreement or of the \I &V Services, unless termination is effective on time ]list day of the Guarantee Year then in effect, no .Annual \I &A' Report will be produced for the Guarantee Year then in effect, and the Guaranteed Savings shall be deemed 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 Measurement and Verification Plan describes the specific measurement and verification plan for each energy conservation measure. Contained within each plan ate the calculation formula: for deteruinirlg energy ,avings, including adjustments to the energy baseline during the Guarantee Period to address routine and non - routine adjustments. Baseline adjustments for routine and notl- routine adjustments are discussed below: Routine Adjustments Routine adjustments are changes to the baseline energy consumption due to factors which are both significant to the energy consumption and van- predictably. Factors resulting in routine adjustments include, but are not limited to, weather, building temperature setpoint, hours of operation, and mailer Of Occupants. Routine adjustments, if required according to the respective measurement and verification plan, will be performed annually and will affect the performance period in which the adjustment occurs only, and will not be continued into later performance periods. If routine adjustments result in a reduction of energy savings and are beyond the control of Aneresco, the value of the mlvings gu:mmtec will be reduced by the magnitude of the routine adjustment. Non - Routine Adjustments Non- routine adjustments are changes to the baseline energy consumption clue to factors that are significant to thoc•ner�rn- consumpnem but do not can' predictable. hectors resulting in non - routine adjustmenn include, but are not limited to, additions or inductions to the area of a building, changes to the use of a building, installation, nuxlificuinn, or replaccmcnt Of egnipnutu, end changes to the building cuvdopc. \ton- rqutinc adjustments, if required according to the respective measmrment and verification plan, will be performed once and will be affective for the remainder of the performance period. If non- routine adjustments result in it reduction of energy savings and are beyond the control of Amere•sco, the cahu• of the sayings guarantee will be reduced by the magnitude of the routine adjustment. Reporting of Routine and Non - Routine Adjustments Both Aneresco and Customer share responsibility in ideutifring routine and iron- routine adjustments. Aneresco will monitor key parameters :cod perform sire visits as required per the measurement and verification plan. If, during; rlie course of these actions, .Nmeresco identifies operations or changes to the buildings or systenms that would result in it baseline adjumucnt, Aneresco will notifi Customer accordingly as outlined in the measurement and verification plan. Customer is obligated to ramify Anx•reseo when material changes occur within the facilities and provide additional information, if required, to perform baseline adjustments, including, but not limited to, equipment submittals, building plans, and dates that such changes occurred. Anlcresco will calculate baseline adjusments, when required, and submit the results to Customer and it agents. Guarantee Reconciliation If, for any Guarantee Year during the Guarantee Period, the Guaranteed Saetings is not achieved, as evidenced by the fact that the cumulative .annual Savings as detailed in the Annual \I &V Report is less than the cumulative 56 Guaranteed Savings for the same period, Anncresco shall pap Customer the amount (the "Savings Shortfdl ") by which the cumulative Guarantied Savings exceeds the cumulative Annual Savings, or, by mutual written agreement of the Parties, in lieu of making a payment of the Savings Shortfall Amcresco may rectify the Savh>,gs Shortfall through installation of additional ECM(s) or modifications. Such Payment, installation or modification shall be the sole and exclusive remedy of Customer ill the event of a Savings Shortfall. Any such payments shell be included in the cumulative Annuai Saings total for puq)oses of future Guarantee Reconciliations. In addition, in the event of a Savings Shortf dl :Imeresco shall have the right but not the obligation, at Anneresco's sole discretion and expense, to install additional 13CAI(s) or modifications to mitigate ally future Savings Shortfidl x •itb the approval of Customer, such approval not to be unreasonably withheld, conditioned or dclaved. I f, in any Guarantee Year, the Annual Savings exceed the Guaranteed Savings for such Guarantee Year, at the Customer's option, the excess savings utill either be used (i) to reimburse Amcresco for any Savings Shortfall p:nrorents made in previous years, whether such payment was made in cash or through installation of additional %CAIs or (ii) included in the Annul Savings amount for the succeeding Guarantee Year. Dispute Resolution Any dispute, claim or disagrecmcut of any kind or nature between the Partics arising out of or in connection with this AI&V Plan, Adjustment ro the Baseline or the Savings Guarantee shall be resolved 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 methodology used for projecting swings resulting from the implementation of the proposed project is summarized ill the following equation: Annual Savings = Energy Savings f Operational Sayings Operational Savings = Operational & Maintenance Savings (O&M) + Capital CostAvoidance \there: Annual Savings: T7tc total annual savings associated uith implementation of this project. This is the savings figure that will he used for comparison to the Guaranteed Savitilw as part of the Guarantee Reconciliation. £incig� Savings: 17e fatal ]inergv Savings associated omh reduction in energy consumption as x result of implementation of this project. Operational and \Iaintcn :utce SavinGs (0& \1): 'the total Operational and Maintenance Savings (O &:11) savings associated vitith reduction in operations, ntaintenanec and repair related c :.Npenses as a result of implerricntation of this project. Capital Cost: \voidance: 'lhis is defined as future capital expenditures (outlay) that the Customer should have budgeted over a certain period of time ro eventually replace the arstents / equipment / etc. that are included in the Scope of een-ices. This is an annualized v'ahte and is also referred to as avoided capital. The MVs included in the Scope of Services have been analyzed and the future capital replacement expenditures that would otherwise be associated aitli each hC \I have been estimated and redewed ,/ discussed with the Customer. 1-IVAC, Calculations — are derived from pan and Pump laws and are documented in: A. pan Laws — 2003 AST IRAI' Handbook UV AC Systems & Itc�nnent 1'. 20.4 b. Fan 7 ;nes —'I rally . \ir Conditioning \lanual — A-MCA Standard — 275 Test Code (Air Moving and Couditiotilng. \ssociati(in) Bulletin 210 Lighting Calculations — Wattages for all proposed lamps, ballasts, and Extures me based upon manufacturer's dart which is determined in accordance wwitli: C. ll:SN A LM -'9 and 1.\-311 standard (Illuminating Engineering Sociery of North America) Roofing calculations arc derived from standard thermodvnamic and heat transfer equations in compliance with .\SHR. \Ira and AHl? standard methodologies.. Operational and Maintenance S;lvings (O& \I) are the result of a review of actual bills from the Clients location and the savings that will he derived From the elimination or moderation of those expenses by implementation of this project. As is conution in the industn,'Ihe O &dl swings numbers represents less than l W',- of the energy savings, less than 4' 1/b of the total O & \I 13udgct and less 13"'0 of the lines itevns related to Lighting, Controls, and Mechanical work. Capital Cost Avoided Savin.gs arc based upon RS Means construction estimates and those calculations arc located at the end of this attacbment. 5R Summary of Annual Savings Century Center - City of South Bend Tables Century Center RWH Therms De-rating Factor Guarantee kWh Guarantee Therms Guarantee Savings ECM No. I Proposed Improvement Awngefhemidvtlueafefevra OW 0.012 atu/s0fr/hr Heang-OPOnt an BYm-W f 9hemng Pe PR01an1 M De .F 1 Roofing Replacement 16,199 1 6381 100;6 16,199 637.94 $ 1,644.63 2 Lighting Replacement 292,617 $wthem 9"(PAF 263,355 0.00 $ 20,805.07 3 Lighting 11- Upgrades 180,072 21m 90%1 162,065 0.00 $ 12,803.12 4 HVACSystem Upgrades 661,257 - 90e/ 1 595,132 0.00 $ 47,015.40 S HVAC Control System Upgrades 6 Ceiling Tile Replacement and Upgrades 0y 0,00 is Totals 1,150,146 638 1,036,751 638 $ 82,268.23 The following details the savings calculations associated with each Energy Consetvation Measure (ECM) included in Attachment B. ECM 1: Roofing Replacement ( Dl1URY (DIIFR- ROarrmYiammen[I�miallan ALdMIm Pwjeotl CiyofS.wth Bend - Gantmy Cerf6rn PaP64r: Cemanlion G eMw -Mum una- anica, inprolre RooFRepbom ent peaalPeed- RePi *11ueufM hamJ M dIr Iasam, fM daddtngimalatbn Saul fwlll re mpimam M sesed Inw flI1,e setup f rw al marwm m felpar¢d em seufm awm ne setup fe�solwparels, a,a Guannle YeMa SmtlmG morin the rsrtva. mmk, d the rooiwnl W tlatgedamually for mndltlm m vedfypedatrnenm Is wMmzlnralnaa eamnertraam.lmu.: Theousmmershall mdnminehenewmPlamofdingmlvnufacmreh lRlmmlglgu1de11 VA wMwd, en Y1La TPmlamaofsmgrade lRaofprea) 1f1A2a snuare feet Average themWValuedeNS6�reaf(UIJ 0.05 ate/wrt/hr Awngefhemidvtlueafefevra OW 0.012 atu/s0fr/hr Heang-OPOnt an BYm-W f 9hemng Pe PR01an1 M De .F cadleg sdpot m lhm MW duet caetra PmW Pawn, 72 team.F Avar,e au mmpenmm during wimo(AVmhYpeml 247 DegfeesF AveagewMOmmllPwaure dYffng eummer(Avgch,m 71A DepeasF AwysmYerpa ueram0 ' am $wthem NW,g sadmglFgr/ fia % Headaontfm- fmnIty(H1mst) ' am $,,A HNbnO M1mn PrlxrbYNl¢eaan MYimn) 21m hau.perye9r Aaryeemtaretaamb4Mmmq ' WAfa $pe,e ceaaap.w.ngfFnl 70 % r Haw.forWky(aa?'nki m w.raeravCo=,;y T 15 $pe+M Caearg eaunpe.pe.ivnbbueen (egnein) GOOD hsunperyeat AveQe Wildingouupmq(Gglgurs) W haursperweek Ha , SNye $Mugs= (ilt -14)4 ROpf F(Hgpamp- Aegmp)g hd x(oftun /1M /1,OOa0OD an WM U MM Themn Cadbv sm V S.AW -(U1- Una RoP(Areaa(d,;W.P-AVatem,)-c4O un- ((Gdvtn/168)AW /%o00A00 l U 1A\E0f 16,1'A ,59 Pao Ai A i> i7 27,MW 9 1ae7 aaa.7 31,110.09 c t93 1947 15112251 G 97500 E 493 me 11.12.03 F 137 Van L9ttat5 G 19a 36 6AMOD Td 112,W.98 RslNeruserR R u A OMO a Ono tu � � � \ } \ \ 4. co jr. rl- C. z nl x z z z Es Z; F7 u 2 nl -?4 N_% i F5 Z"A Z > -Z- fs 2. 7 7 7 z 7 7 7. 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O� C m � R C N V O C M � W m A v C C R R n N N N N R N R `m o o u `m u m e c c a c a O 2 m C C C C C C R R R •- R 6 6 6 a 6 S 8 m C R O y 0 y 0 y 0 y O # y# y# y U# y U O _ O ._ O) .E D1 0) OI c E � E c E c t E c E a C S C S C S S C S O1 m m m Ol m !P O) m OI J > J �J J 1 J J> J O 0 0 0 0 O O N 3 N M X N N C N w � a K � M V M In 9 7 N O NO c .N Y .O m O vNi O a T d N � � Yj C C N O v a y Q C q a N ry � C A T N V O C M � W m A v n N ryC m U O O Q O 2 m c c 8 m C R g o` n c O y 1c, m ryj LL � O ECM 4: VFD UpoLades 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, 34v) 582Q ...TOTAL FAN RUNTIME HOURS (FANHRS) = HVACHRS *WPY 10% ...PERCENT OF HOURS OPERATION AT 100% (100 %HRS) 30% ...PERCENT OF HOURS OPERATION AT90 %(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 /H P) * FANLOAD *((FAN 100 -(1 00%6HRS * 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 VAV FAN HORSEPOWER ( FANHP) 70.0% ...COMBINED LOADING PERCENT OF ALL SUPPLY/RETURN FAN MOTORS (FANLOAC 65.0% ...COMBINED EFFICIENCY OF ALL SUPPLY /RETURN FAN MOTORS (FANEFF) 1 ...CURRENT VOLUME CONTROL (1 =CV, 2 =DD, 3 =IV) 5$24- ...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% ...COMB IN ED LOADIN G PERCENT OF ALL SUPPLY /RETURN FAN MOTORS (FAN LOAD) 85.0% ...COMBINED EFFICIENCY OF ALL SUPPLY /RETURN FAN MOTORS (FAN EFF) 1 ...CURRENT VOLUME CONTROL (I =CV, 2 =DD, 3 =IV) 5824 " ... TOTAL FAN RUNTIME HOURS (FANHRS) = HVACHRS *WPY 10% — PERCENT OF HOURS OPERATION AT 100% (1 00%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 *((FAN 100'(100 %HRS *FANHRS))+ (FAN90 * (90 %HRS *FAN HRS)) +(FAN 80 * (80 %HRS * FANHRS)) + (FAN70 * (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 * FANHRS))) ______________________ 394,456 KWH 219,044 KWH 103 Century Center - Chilled Water Pumps Install variable speed drives on CWS Pumps: 100 ...TOTAL CHW SECONDARY PUMP HORSEPOWER (CHWPHP) 100.0% ,..COMBINED LOADING PERCENT OF ALL CHW PUMP MOTORS (CHWPLOAD) 85.0% ...COMBINED EFFICIENCYOF ALL CHW PUMP MOTORS (CHWPEFF) 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) 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) (CHWPHP *0.746 KW /HP /CHWPEFF) *CHWPLOAD *PUMPI 240,405 KWH (Retrofit) (CHWPHP /CHWPEFF *.746 KW /HP) *CHWPLOAD *((1.0 *(100 %HRS *CHWPHRS))+ (.9A2.5 * (90 %HRS * CHWPHRS)) + (.8A2.5 * (80 %HRS * CHWPHRS)) + (.7A2.5 * (70 %HRS * CHWPHRS)) + (.6A2.5 * (60 %oHRS * CHWPHRS)) + (.5 -2.5 * (50 %HRS * CHWPHRS)) + (AA2.5 * (40 %HRS * CHWPHRS)) + (.3A2.5 * (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 OFALL HW /CW PUMP MOTORS(HWPEFF) 3,725 " ... 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 *0.746 KW/H P/HWPEFF)*HWP LOAD *PU MPH RS 156,915 KWH (Retrofit) (HWPHP /HWPEFF *.746 KW /HP) *HWPLOAD *((1.0 *(100 %HRS *HWPHRS))+ (.9A2.5 * (90 %oHRS* HWPHRS))+ (,842.5 * (80 %HRS * HWPHRS))+ (.7A2.5 - (70 %HRS * HWPHRS)) + (.6A2.5 * (60 %HRS * HWPHRS)) + (.5A2.5 * (50 %HRS * HWPHRS)) + (AA2.5 * (40 %oHRS * HWPHRS)) + (.3A2.5 *(30% oHRS *HWPHRS)))__ _________________ 99,408 KWH 57,507 KWH 105 Cost Avoidance Calculations City of South Bend - Century Center Building Area(so- 8$225.000 Methodology: - I Avoided Cost is defined as the COST of WAITING ,(Future Cost) M/NUS TODAY'S COST (Current Cost) 2 Current Client costs are based on are calcualted using RS Means estimates and may eery from actual project costs In this contract. 3 ECM Descriptions & costs are shmvn as (Curren) Client Cost) 4 Current 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 & showy as (Future Client Cost) 6 Annual payments for the Future Cost are summarized owr the Project duration (total yee4) OM she � as (Future not Annual pmts) 7 Awided Cos[ Is the difference between financed future cost and current cost ridded by Project duration (total years) Unlanned,equi mentreladementhcfor 8.00° Econom ofscelefadlortoFmulUple pro ecis ..7,00•/ Contingency - S,OpY, Other 0.,0 Other p, Other 0 Y '. Annual linflations I I 235% Cost ofCapital I i i 3.00% Npen Number of Periods= Project savings duration (years) I I I 15 Inflation compounded annually for Nper years In resulting calculations- ENTER ANNUAL rate her, 106 ATTACHMENT H TRAINING .lmeresco shall provide training on the intent, design, operating requirements and operational and maintenance requirements for all L'CAls installed. The following section defines the intent, personnel to be involved, logistics, and tracking and donunenmtrion for the'1'r•.�ining Flan that shall he provided be .lmeresco. 'Ilse table below indicsites• uNal number of training hours per SOW, 1 Roofing Replacement 0 2 Lighting Replacement 8 3 Lighting II - Upgrades 8 4 HVAC SystemUpgrades 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 j MEASUREMENT AND VERIFICATION FEE SCHEDULE .Fees for M &V Services will be doe and payable as provided in Section 4(d) of the ESA. Year M &V Cost Year $5,696 Year 2 $5,867 Year 3 $6,043 Year $6,224 Year 5 $6,411 Year 6 $6,603 Year 7 $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 U &P Scm*iccs arc based on Customer's compliance xvirb its obligations to provide ener&j usage data, including remote access to, and the collection of data from, the Monitoring Sx stern. 108 ATTACHMENT] 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 &M) manuals, which include maintenance recommendations, shall be subnmitted at the conclusion of the installation portion of this agreement. Ilm addition to any of its other obligations under tars Agreement, Customer agrees to operate and maintain all }:Cn1's to the standards set forth ill 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 will be set and maintained by Customer as shown in the tables below. ,Ameresco shall not be responsible for existing J-IVAC equipment (I WAC equipment not replaced as part of project) ability to meet the space temperatures provided in time following tables. IRu locations where Ameresco is installing new I IVAC egttipment all new equipment shall provide space comfort conditions during the applicable warranty period as specified in the individual ECTU Scope of Work provided in Attachment B. Heating Set Points: Cooling Set Points: Refer to :attachment G for operating hours to achieve the Guaranteed Savitt<gs. Appendix A 109 83111111'! ME g g Zr� �saO�� UltraPly7m TPO lnvisiWeldwSystem 5,10.16,: ar I Red Shi,z DU LDING PRODU TS Various Decks Warranty = 1. Firestone UIImPlyn4 TPO Membrane 2. InvisiWeld7m System Attachment 3. MechanicallyAttaOhedor Adhered Cover Board 4. MO tlonal echanically Attached Insulation 5. Steel, Structural Concrete, Wood or Metal Building Recover Semple Assembly Shavp . a. Slope Requirement Deck Requirement Seaming Requirement Posllive nape requlfedldrvvarranly. p 01InImum22Geuge Steel Firestone 1.5' Singie Weld System(Wombot Construction Type O Minimum 3000 psi Structural Concrete Welder). Joint covers are required at all joints NewcorWmcaon, complete tear -off, or recover 0 Minhnum 12° Plywood and at angle changes 1:12 or greater. with arty wet oraamailed materials removed prior o Minimum 7116' OSB Seam Attachment —Metal Building to mstallalton, O Metal Building .Recover (MBR) Recover Only: Building Height Limitation Fastener Type a12'o.m in the field using Purun Fasteners Firestone lglmPty« Tpo lnvisbaneld Systems are O Flreslane All Purpose Fastener InisaNeld Rates wllh inlermedate Insulation limited to buildings 120' M.6 m) or lass.. (Steel or Wood Only) attachment and 6'o.c in the perimeter and Use Of Air Barrier Cl Firestone Heavy Dmy Fastener comers. Maximum 10' rolvspacing In the field An alp ❑ Firestone C.owelle Drive Fastener re rth for projects with large and madmlpn 5'rawspatlng In Re perfinelers. M11 eningsigreater ga. Ifaingsr is used, W%ofthe (0191 dhere (Concrete Oeck One) Edge Metal System else. IfaVbameris used, Wedhe full adhered OFireslone Puffin Fastener (MBR Ortly) y Insulation DUB fates. Membrane Requirement OFIrestone EtichorGadir -S te a Flrestane AncberGaraer System Base Tie Mac 15 year Warrant Y O Fxestone Coping System Must be aaa200lot substrates chre a 20 Year aP Arran Minimum 0.045' O Firestone Termination Bar Warranty. kN) Iany direction. Lionprovide 13 Firestone Aluminum pan Bar of Increased ed ind pee Amy direction 0thIm Increased Wind Speed and Codes 0 UIIrePty TPO. MNImUn 6060' Ads wind speed coverage ekceedirg 55 mph krtUh) or with codes requirements ( projects must be reviewed bys F6eclona Roof Systems Advisor. I nvisiWeld Plate Attachment Rates (Field — Perimeter — Corner) Insulation (Top Layer) 4' x e' Coverboerd foptlonag 4' x a' 12'or f.D'FibefTop WOOtl Flberaoard 69 -12 1.0'to4.OT Firestone ISO 95+ GL or RESISTA Insulation 6.9 -12 12• Firestone ISOGAROTM HD COVer 9oam 8 -942 1 /4•, 712', ors /6'SECUROCK ®«DereDerk ®(Prime) 6.9.12 9 -72) Detail Description Wall Terminations: Fuestpne Te mdnation aarvrilh APSealant appliedabng NeraWk lip. Surface mounted «msedetl courier bastr'vrg mayalso be used m arza rdarxx vrim c «m1d Fmstana datals. Curbs,ward,a sioneinfwrtdsibeana base etaf ran plaits andfasfeners. Fr eithappfoylatri using UICkSe BalindStrip"r Metal Seam Rates, orI«isiNalp usi (RPFl afdp aid'Uli sly Curbs Wall Flashings: andfsOuks, Curbs be fl sired TPO Gana«Wrl. TP01d' Cxssabe me0dd Se p &BaaM Curb Fla Cuib Fishing. Flan seals Via eldeddusilsor Flad Melsmaybesralea wild weld¢tltldagsor llgmPhj QudtSeampraduGS worn aaxPlafle. Deiaikmay POC brd W e TPO Coaletl Melee. Cormus: UltraPy TPOlnsideWslde Comas«U[I Ply OUOZ6 mComer Ra U.S. Roof edgasiPampets: F "veslone AndrorGardorEdBeGede'Fastla« Dram Barsysima. ANSUSPRIES -1 rated edgemoulmsy also be Lead/ Firesbne Co' SSemor UkmMVTPOCoated MHal. D000t use lnviaWeW Plates f«mof Mge sealranenL Penelmllons• Flash Wm U"Ply Qvr Seam or LMmRYPIPe FlasIng(" to=*). UIV^ TPO Pensmilm Pocket. orfeb 7aWlmte,Wth DIftPly TPO Unsupported Fmehing. xoes: r. MxirnfwrebaepoYxrs rrt rawrtbba /kdaM1eenaneny. 1 RRdderloVaFlMram Rrlbleg rwo.r.,r Gew nms,nnrygyyry{ypmelGn rpawglANry riq RUNSyaMms ]. APMIMUM F.e.wreaartexW °roprb�[xe M1WrlrrAMCf MOiphFe /.wmeMFveyp:PpNxnOlmmFCWinxnv[w 4 PM[0.i44a 6pMrWpanman:dGbr� -0a0r pryyo(Le. $ as Neularxaem+ paaFrrleammnq 'bruWxeppfoNesu4bgmdas 4 SECUIieL'tiem�enMbao.mr4NU6G (.brpvsrM. Firestone Building Produces Company, LLC OS-TPO -227 250 West se Sben•mdhnspeGs. IN 4620 Rev. 329/2013 T4ahntra. 14ea42a4511- Sales: t -0oa4284N2 • wrx.6restmebpoaoom Iii EXISTING FLASHING SECTION 5 NEW FLASHING SECTION 5 eece: i th - n> ry Reference Appendix for addition derails and specifications. Roof Sections: G — Greer Roof 1. Remove existing roofing system to the deck. 2. Install new IZ -20 Firestone Polcisnevanuratc. 3. Install new Pulh adhered 1P0 roofing system in accordance to receive a Firestone Red Shield 20 year Warrnnn. 3. Remove existing wall and cub fleshings and instal new '1110 fleshings as per Firestone's rcconnnendarions 5. Remote existing wall copings and reuse if applicable or install new 24 ga. Firestone copings. 112 ne UltraPlyT"t TPO Membrane 5. 10,15, 20 Yew Red Shield' Mechanically Attached, Steel Deck I Warmny slope required for wanemy.s ruction Type structim, compete tear -oft or recover wet or damaged materiels removed prior Air. 1g Height Limitation s UltrePy' TPO Mechanically Attached am Ilnited to buildings 120'(36.6 m) or use the fully adhered e Tte4ns be attached to suisshetes which provide e hum of 200 Ibf (1 kN) In enydredion. eased Wind Speed and Codes And speed coverage exceeding 55 mph nth) or projects with codes requirements be reviewed by a Firestone Roof Systems 1. Freston UftraPtyTM TPO Membrane 2. Mechanical Attachment Method 3. Mechanically Attached or Adhered Cover Board (Optional) 4 Mechanically Attached or Adhered Insulation 5. Steel Deck ❑ Minimum 22 Gauge Steel Fastener Type ❑ Firestone Heavy Duty Fastener 13 Firestono Heavy Cuty Rua Fastener 13 Firestone HellGerds' Fastener (wgHNallG rd Compow le Board or OSS any) Insulation Adhesive` O Firestone I.S.O. Twin Pack" Insulation AAresive • Firestone I,S.O.Sprey'a S Insulation Adhesive • Firestone I.S.O. Fix- 11 Insulation Adhesive Cl Firestone LS.O.Stick' Insulation Adhesive `Note: M. 4'x 4' bonds mud be used when amshfg rauletlon+Njh aWeaws. QaenNHefthameW dark meyberequbetltaremompracesdnH lsipn menuhdaMS. Adhesive Attachment • Bead Spacing; F. 12 ", P: 12', C: 1T • Full Application (I.S.O.Spmy S InsulanUm AdnesAe) Membrane Requirement • LA"Ply TPO, My Thickness • Re11exEON' TPO, Any Thickness Flaadme 1.5' Single Weld System (use robot welder). Joint covers ere required at all joints i at angle changes 1:12 W greater. Membrane Attachment Max 15 year Warranty: ❑ Maldmum 12' Rev Sparing, Fasteners Spec Maximum 12' o.c. 20 Year Warranty: Ubm %y TPO. B."5 ": Maximum G. o.c. 20 Yew Warranty: UIIraPly TPO, Min 0.060`: ❑ Minimum 12' Ron Spacing, Fasteners Spam Maximum 12' o.c. Edge Metal System O Firestone Edget3ardn' System ❑ Flrestone Anch r std - System • Firestone Coping System • Firestone Termination Bar • Firestone Aluminum Crain Bar Insulation Fastener and Insulation Plate Attachment Rates Insulation (Top Layer) 4'x S' Coverboard(Opaonap 4'x9' 1.0'to 1.4" Firestone ISO 95f' GL 5 12' or 1.0` FfdT Wood Fiber Board (Max. 15 Year Warren 5 or RESISTA' Insulation 12' Firestone ISOGARD' HD Cover Board 5 1.5'to1.9'Firestone 15095+ GL or RESISTA InsulalIs. 5 1 /4' SECUROCKS Glass -Mat a OensDeckS) I(Prime) 5SO) 2.Wto 4.0" Firestone 15095+ GL or RESISTA Insulation 5 12`SECUROCK Glass -Meta DonsDeck /(Prime) 56/(5) Firestone HailGerd' Comso, UROCK Gloss- Metorn —n—k /Poore 55/5 Detail Description WeTeminabm Brw AP hapliedabg =Wkly. SUaemntaorinamdeasNmmaydWall Terminations: Firused in accordance xlfh current Firestone deNds. 4".r"..���n.�pingSyg..,U�PlyTPO���I a, wells, and eV Version joints mud be anchored with appropriate base Ue4n dA /, dthd ashy seam pldes and fastens Curb B Wall Flash no UemPlyCuIckScam Rdnoroetl Perimda Fadenbq(RPF)StM aad ad. Strip aTMdd Seam PMtee Curbsen Uft awlMd Dtails m Iridutle Ufa %y TPO Coietl Metal. Comers: Ply TPO 1oaddOWside Comem a Ultm %y OuickSeam Corner Flashing. Roof Edges /Parapene caamEdgeGsnl' Fascraor Drain Barsystems. MSVSPRI PS -1 rated edge metal may also be used/ Oded Melol PanBIraUOns: won Ulbafly WkkSeam or Ufa %y Pipe Flashkg(wekable). UI1aPIyTPO Penetration Pocket waste fabricae eiih R TPO Unw oiled FlasNnp. aatee: f onY AerM+aMmpmacnen mnrMhe MJ SSab a -sunny I FUabrryp FRSbNTYIN' a '�NLx6elw.xeliv ✓.,.n...mmrnIXdlro �nkmdto +ryady Upe%/ifO PSISy54 S :. Nathan KretMa'Faf(blvb ` b.'IboeeNmYearrwMes Mnryeye/uvnnu Ftavbrgrsy 'r>fenw.+rair . xmia.m <. N+ YKk% ereJisb 'wlYtlemwkaGr:VpyYXncGYpvmfLC s. naimxsraw5canna+ u- aeramsuNadc.,•a'a'aebeuuv sumo 8. SECfINOGf senp9emf mOe>tiRIX OSG Wpra'gn Firestone Building Products Company, LLC OS-TPO -221 260 Weia6'"Sese•fAenyoya IN ae2B] Rev. MM013 113 AMERESCO4 Green • <bAn . SUAlAIti1Ke Century Center - AHU Equipment Listing SYSTEM MU1 P4YA�IABNRNL AMU2 P1B 0TITU1`BNEKAi Amui MM EOUNMEMLGCArM MEC WA101 MECNAPA A101 FANRODM5A30t FIWRO4M5A301 FANROOM1Bt11 FANROOMIBIII AREA SMYED SOUP 1.11. MN LEVEL AND LOWER REGTALH L LEVEL KRGNENS C RN`g4 HALtA COWENgONW L0 EOUIPWNTMMUFACMER TRANS TRANS TM TPANE TRANC TPTNE TYPE CLIMATEC LAGER LENTRFWALMRFMLFAN WMATECHANGER CENTMFWaLARFOILFA4 MIMATE OMNOER WVAIECHANGER MODEL M, CFAOAt5W3 NAt CF Al SWS MG3 905 SERUL ND. Ki6FOG3]6 KaFmIll KI8EOW16 KM309145 KnEDn17 KIMM318 MOTORWWUFACTUMR BALDLTT MAGNETEK CENNRY CENNRY MAM4MK MARATHON UNOOLN MODEL W. EM MIT 3CR306 Sc MOOS EMI EA 324TTDR1026EEWF1 TF4578 SERW NO. 1.3521214t4M BF10 6323409 )450095010)059 910009 IO6E031B HPSFAAME 3&2WT 7SQ13T 154T54T IOWIST 40.02JT 2&2841 MIrAOEANDP E 403 46W )6013 d603 OXV3 4609 AMPERAGE 7&39 30116 4N20 26.6113A 90148 MI MOLAR RPMFANP➢M 17W''t550 MOW 1150970 1]45592 118511150 116&'1400 WO SHEAVE TTJSCIOR]x till 2ABm2%1 &0 AOIP75C97J FAVSNFAVE BRGNMNG3TCIBC BELTS 210105 2)8140 218103 2)8136 3)611 2)8%61 SHM EDO%AMS 631622.3 303 2096E 11611 DPP, REF 621622.4 206 Me 7085E 71609 M SEFVV 1t54P <0 1.i5Qy 40 $a 115 ®JO 1.154E40 1 15 40 MSTMTEFACMR MOTTMSTARTEg6SEE ER HMS CUTLE CUTLE$232 IEI CONTACTMIT 6242512E2 6242 6232 D=OK CONNECT FUSES 3) ME 0.00 3I FRS0. -R 12 »1104350. 3)FRS R -30 9)FM RBO 31 TR895R HEATER HEATER CO" I042 1039 EFF VFp MAMVFACWPER DANFOSSGRAN DANFOSSGRAYMM VFO MODEL M.Tm VLT8W6 H >0JAFUW 11039FC25H AFVMODELNO. 1XV1247 176UI2441 110.55 0041 APUSERMLNO. 5581MY043 SSB6SM053 VLTMODELNO. 175P368 9621285 TSERNLNO. 013427X013 022115X343 NFATMOVAI.VE COOUNOVAVE ICLT YK3 cMITI FXN Ve6W N445:Y 1.Oi vat+- lolscv_1cN RHT MW MANUFACTURER Lt- '15'dMStoQe. +l3Nle Ova .7111, Icll rsHigcv maV o RNTPUMPMODEL RWPVWWD RHTPU W BEARING ASSEMBLY PNEUMATIC ACTUATORS ODUMEMR IBCI (4)MK311162 NNMUMMR IM] &31 531 Iml 031531 ABL &31531 13DI &31512 REUEFAIR 1007 11210-01 (Eq IBC MK 311182 FLU" 8124X2) .4)24XIW 8124MJx24)24XI X2 17)24124x2 0)24X14%2 SMOKE DETECTOR INNOYMR INWMR 2- INNOVA 31NNWA MS SYSTEMSENSOR SYSTEM SENSOR SYSTEM SENSOR SYSTEM SENSOR SYSTEM NSOR DHIODACOCI OHIOOA l DHICMCOCI OHIODA O l UHlwcDCl CENTURY CEN IER MR H MER SYSIELIS- Re( -1A -Do Mm 114 P,,1W3 AMERESCOO Groan ,croon . watemebN SYSTEM I Affil .f261AHU iRETdiN1 MU - F27.1F4RNEETMRiR &1181 f %lmLU 9"II:TURIR It EDUIPSEWLOCATION FANROOMB.BWT FANROOMOE487 FANR0Ct14CWl FANRC0M4C3M1 FANROOM70W1 FAN ROOM 3 W101 FAN R( PA SERVED I 2NDANO3R0 ROdi OFFICES, dSCOVERV BALIROOM ,SAlE9OFECE9. CEO BEmx THEATRE, DOOR 2 HALLWAY AREAS. MN LWBY SUTEIT,SURE18 EOVIPIENTMANUFACRIRER TRANS THANE. TRANS. TRANE TRANS TRME T TYPE CLMATEdIANGER CENTRIFUOA.MRFOILFFN CLIMATE CINNOER CEMRiFWALARf01L FM q)MATECH ER CENTRIFUGALAFTOLFAN WLATI MODEL M35 CF3 A1SM IM CF4M15W M50 CF4M18W SBRULM K78FOW3T K6EIWidB i(MFMO) KW W147 b6EMUI KBF30148 VE MOTOR M4NUFACTURER 8AlDOR MOOR MAMTFbI4 CEWLRY MARATHON MAFATHW IV MODELm EM2515 T 39KUaT I)M M321ST EC 3WT(DRT028 EF W FI. 6-32mwl SC ED3MT10R7026FFWFI EC- 2151TORTOIBGN -WSt 4600! RENAL NO. Z011WWI24 IOW502 1015293 892563 CO& HP APRAME MOST U104T SO326T IMUT 4 12T WIST 7! VGLTAOE AND PHASE - 4OW 46M 4643 403 4pX 40O r RAGE 47834 14.w 121N1.5 4M0 9&40 20W &3 MOTOR REMFANRPM 1MSil6W 1T45RW ti66I11W 175D'S08 176511155 1715X85 171 MOTORSHEAYE 3MPVBW >4PX 15'9 1W75 XI IA 3MFVSSC1070X2M8 3MMS869 X 1149 3C60X21W M70XWW FANSHEAVE 313XMOX2W16 17131840%115X6 3TC10X01X27716 37814VUrIX371B 3Cl2MIX2WIW 3TSI8401 X2711V BELTS 3)BX90 I)BItB 3)CIW 3)BXI58 3)CINI 3)8X150 41 SWFTENDSEA FQS 8309 206 7]811 3W 77611 77W7 DPP. END BEARNOS 6208 206 77500 207 7N(O 77505 MOTOR SERVX.E FACTOR MS*40 1.15040 1.151940 1.15040 1.1500 1.154940 1.1 MOTOR STARTERS SNE CONTACTKR MCCOISOMNECTFUSES 3)FRS-RJO 3)FRS�11-10 3)MOR 3)FRSFS 3)FR6R -00 3)M -R -20 3) IT HEATERCOILS 93 "IF WDMANUFA)WRER OMFCSS GRAHAM DMFCSS GPAH461 - :GRAW?TA „_;GRAFµM DANFOSSGRAMMI DANf05$GMH4M '.:GF D NODEL VLT6022 VLT6W6 1T00AFCSpH 17O 151 VLT6042 VLT0f1 170E APUMOOELNO. V"246 1761.11240 CP12 M71 IMU1248 17EUI243 L APU SERIAL NO. 550400!043 5587WYW3 M7IWYw3 558500043 VLTMOOEL ND. 17MM 17MM 175P36S 17527386 VLTSERIALIID. 0MM11Oi3 014015FD43 016322N00 QMSI5 HEATNC VALVE CDOLLV3 VALVE NC)VKxM.d2' `117 6 UC'I Y43741M1NrA4EM IBC)VK961d5301 -1 -7 1¢CI Y49)i1 RHTNIVIAINUFACTURER JdOtSON CONTROLS F106 vdb?OLYra Mwr3 IJCI 3.142878 W RHTPUMPMOOEL IIMiw1TV44WPCV4A4M64iv RHT PLR.O' MOTOR - R HT PME BDUINC AS6EMBLY PNEUMATIC ACTUATORS JDHNSQN CONTROLS d)TSDE &R 18C1 (d)MK3111b2 IJCR Dd1535 Wi5 l BC)(d WEER d1MAN BARK MNMUM &R 7121-001 MK- 3111 -3111 2 MIXED AN )1214}01 7121-001 1 REUEF&R MKdiH442 71214161 FILTERS 8)24%14X2 12)24 4n 12)24%24X2 20): SMOKE DETECTOR INNOVAR INNW &R INN AR 2)INNWAR INN VAIR IWOVAIR INF SYSTEMSERSDR SYSTEM SENSOR SYSTEMSENSM 6YSTEMBENSOR SYSTELISMSOR SYSTEMSEMOR SYSTE D IM%COC1 d11WACOC1 3m,XACOCI DHIWACDC1 OH10MCDC1 4110&10001 Dill( CENTURY COMER AR H MR SYSTEMS - Rev-IA -DP.M Mw 115 N,2d3 AMERESCOO YSTEM AHU 1f UIS N114 -. 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RM M3311T378ONZM 3311TVIED1X54 CATE102PMTT349222 -02 10349937.03 NO. 1634MO14M F1097 11094 228085M MI -12 AME ISNA145T 7.MI3T T5413T 2P145T 1.S4A145T E ANT, PHASE 46N3 46M 466h 4603 46013 GE 5=6 22 +11 2!111 $612.8 &MA MOTOR RPM'FAN RPM .1498 1725591 17M*13 1245670 1745951 MOTOR SLAVE FMSHMVE BELTS 1)MU 1)B9 1) BX95 2)075 I)AS, sIuD,r No SEARINOs 115040 1.15640 115040 1.15040 1.15040 PP.ENDBEARNGS WE1 LP- H 0.9102622 LPKAB 1930 -22 SIZE MOTOR SERVICE FACTOR CR308CIlN2TAMMl CR308C1042TADS05 MOTOR STARTER S SIZE WNTACTM MCCgS xxtrr FUSES 3) MSAAD 31 FRS R -ID NEATEROOLS PANEL W610-12 PMELMVl4 -1818 PANLHV2O22 -24 EFF VFOMMUPACTURER TOSHIBA TOS11M JVFDAAMEL F'ORMFLON0244pp SpRN FLOW 0201110 APU MODELNO. 94107787 WOU28 SERUM W. VLTMOOEL NO. VLT sERIALNO. 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CENTER" HANOLERSYSTBMS RwIA-DouD5l.mz 116 P.0.303 AMERESCO' G- - cl .. . ws6.l�.abla K LOCATION BOILERROOM SOILERRROOM EIOILERRROOM 801LER ROOM ROONINO, A101 A101 AIM A101 USE CHILLEOWATER CHILLEOWATER STANDBY CONDENSER PEERLESS 4A0-14 6300 360519 1750 FC9- U2E20N FC3- U2E20NC 269716601-000 2691536-122 261730-116 2673292 2660896 2668637 12- STRAINER A91276 BAFFLE A9IWl STUFFING BO% 2677272040 MOTOR MANUFACTURER LINCOLN MOOELNO. UNCOLN TYPE TV2691 SERIAL NO. 1509511 MOTOR HP 8 FRAME 6033T VOLTAGE B PHASE 46M AMPERAGE 625 MOTOR RPM 1770 OFF 304!86T SHAFT END BEARING 405/3 OPP. ENO BEARING 65 MOTOR STARTER BSTLE CUTHAMSIZE3 CONTACT KIT 6252 FUSES 3) TRS 76 R CONTROL FUSE ECN 2A 250V HEATERCOILS 1051 PEERLESS 4AD44 6300 360520 1750 FCS-UM20 N FC3UE20 NC 268716501 -000 2691536122 2617307-116 2673292 2669896 2666637 12- PEERLESS 4 14 5300 360521 1750 FC3Um;?O N PC3UM20 NC 268716601 -000 2691536 —IM 261]307 -116 2673292 369891 2668637 12- PEERLESS 6 10 900 390626 1750 FC3U2EM N P03L2122ONC M8 71 0 01 -0 0 2 6 91 53 612 2 2617307 -116 2613292 2669894 2(P0709 9.13- A91276 M1276 M1276 A91561 A91561 A91661 2677272 -040 2677272040 UNCOLN LINCOLN MARATHON SO4P50T61Y 286T10R7026DEWF1 C00W473 -03/16-2 1689692 101R2MS 50/!267 6IM26I 304!86T 4663 405/3 4663 65 62.6 37 1785 1770 1705 93 77610 7 505 CUTHAM SI7P3 CU7HAM SIZE3 CUT HAM SIZE 2)FNOR -15 3)TRSMR 3) ms 70R FNM2A25W ECN 2A 25DV ECN 2A 250V 1051 1051 1047 117 BOILER ROOM Af01 CONDENSER PEERLESS 84010 6300 36053 1750 FC3 12E2014 FC3 WE20NC 20716MI -OW 2691536122 W17307 -116 2673292 2605694 2670709 9.19- A91276 A91661 MARATHON 2B6TTDR703DEWF1 TDR-SE 1025100 M12WT 46013 37 1766 77610 77508 CUT HAM SIZE 3 6252 3) TRS 70 R ECN 2A 250V 1047 BOILER ROOM A101 HOTWATER PEERLESS 3AD -12 5300 3805 1750 FC9- U2E20N FC3U2E20 NC 2 158716501 -000 2691542 -122 2591625 -116 373321 -122 2680212 105A6• 2676272 -068 CENTURY(GOULE 6323411 -03 Sc 201156T 4603 25 1750 309 207 CUT HAM SIZE 2 6242 3) TRS 45 R ECN 1A 30V 1064 Filed In C`Ple% Office I d 2015 Jt�sidv V00RDE CITY CLERK, 50UTH 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 NOT APPROVED ADOPTED Member of the Common CoiKcil �jryRlY!>i 7�`p'�6:7 FLT:; •' old e'nv Y63'wsa 6.tsWli �M1 Filed in Clerk's Office FEB J S Z616 JOHN VOOHDE CITY CLERK, SOUTH SEND, IN ho [I" 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: 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. & _ "- &?2�� s Rev. Kevin Russeau, C.S.C., Pastor St. Joseph Catholic Parish 929 Uncolnway 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 " 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 # Legal 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 O 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 16601 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 0 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 0 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 N ryoa� ,pp =3g ch go msv Q 1, )OS[aq CO ant fh M 830€ a?n� mn Cl) V N N ii 8 y N L � 01 10 A E4�� En° Zvi �� 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 (1/40) or Ornamental Trees (1/25 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 Weekday Evening Use School 26 Parish Council 18 Church - Dailey Mass 30 ICCL Gym Activities 52 Ackles Center 15 TOTAL 70 Church — Funeral 80 TOTAL 151 929 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 Rec PARCELID NAME MAILING MAILING MAILING MAILING ADDRESS CITY STATE ZIP 1 018 -5006 -0165 121 NORTH SAINT LOUIS LLC 116 N Hill St South Bend IN 46617 2 018- 5006 -0153 604 EAST COLFAX LLC 116 N Hill St South Bend IN 46617 3018-50 06 -0162 BLESSING LYNN M & DAVE J 54640 Maple Lane South Bend IN 46635 4 018 -5004 -0083 018 - 5004 -0064 BRIER DANIEL AND SKELTON JEANNE 520 E CoRaz Ave South Bend IN 46617 5 018 - 5006 -0166 BROWN G DONALD 4905 Knoliton Rd Indianapolis IN 46226 6 018 - 5005 -0120 018 -5005- 012201 SUCCELLATO DESIGN LLC 526 E Lasalle Ave South Bend IN 46617 7 018 - 5006.0226 BURKHART ADVERTISING INC Attn: Pat Hurley South Bend IN 46615 6 018 - 5004 -0085 CIRCA ARTS LLC 528 E Coltax- Unit 1 South Bend IN 46617 018 -5005 -0130 9 018 - 5004 -0076 CITY OF SOUTH BEND DEPARTMENT 018 - 5005 -0128 OF REDEVELOPMENT 1200 County-City Building South Bend IN 86601 018 -5005 -0129 018 -5015 -0472 10 018- 5015 -0475 COUP REAL ESTATE LLC 12725 Lubke Rd New Buffalo MI 018.5015-M74 49117 11 018 -5015- 049801 MES & MARY SUE 52444 Briarcliff Ln. South Bend IN ECREDIT 46635 12 018 -5008 -0229 EPH R & KATHLEEN 016 -5008 -0228 IMMINS %TEACHERS 1832 Campeau St South Bend IN 46617 13 018 - 5009 -0275 DANIELS DENNIS W & S MITH RANDALL SMITH CHARLOTTE R RES LIFE EST 1501 N. Elmer St South Bend IN 46628 14 018 -5015 -0473 DEFESAUGH CORY LIFE ESTATE 3455 Concord Ct Mishawaka IN RESERVED TOMARGAREf A SHAFER 46545 DIOCESE OF FORT WAYNE SO BEND 1 915 S Clinton St Foil Wayne IN 46617 018 - 5006 -015001 ST JOSEPH CHURCH IN 46617 018 - 5006 -0138 226 N Hill St South Bend 018- 5006 -0140 211 N St. Louis Blvd South Bend IN 46617 018- 5006 -0142 018 -5006 -0137 018 -5015 -0476 018 -5006 -0139 018 -5006 -0141 018 - 5006 -0148 018 - 5009 -0269 018 -5009 -0267 0185009 -0273 15 018 -5006 -0145 018 - 5006 -0144 018 - 5006 -0149 018 - 5009 -0264 018 -5009 -0263 018 - 5009 -0270 018 -5006 -0143 018 -5009 -0261 0185009 -0268 018 - 5009 -0245 018 -5009 -0257 018 - 5006 -0146 018 -5006 -0131 018 - 5020 -068401 018 -5006- 015601 16 018 -5006- 015701 018 -5006 -0154 DOSMANN PROPERTIES LLC 116 N HIII St South Bend 46617 018 - 5006 -0155 17 018 -5009 -0276 EARTH DESIGNS REAL ESTATE LLC P O Box 148 South Bentl EIN 4662 4 18 018- 5008 -0225 EBERHART PARTNERSHIP 316 S 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 CoNax South Bend IN 46617 018 - 5008.0231 21 018 -5008 -0233 078 GELCHION -5008 -0232 JOSEPH AND SUZANNE 1007 N Frances St South Bend IN 45577 018 -5008 -0230 018 - 5015 -0496 016 -5015 -0477 22 018- 5015 -0497 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME 018- 5015 -0500 AVE South Beth IN 46617 018 - 5015 -0484 018 -501 s -0501 018 -5005 -0119 23 018 - 5005 -0118 HANNAH MARIA LLC 15270 Timber Tr Mishawaka IN o18S005 -0116 46545 2a 018 -5015 -0471 HATCH MARY ANN %GLADYS L CRONK TRUST 2140 Barnett St Oxnard ICA 93033 25 018 -5006 -0152 HOBAN JOHN L 205 N St Louis Blvd South Bend IN 46617 26 018 - 5005 -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 205 N St Louis Blvd South Bend IN 46617 27 018 - 5005 -0112 0 1 6- 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 HAN 219 N Hill St South Bend IN 46617 31 018 - 5015 -0508 LEMARR SCOTT W 182 S 6571 Muskego Dr Muskego W1 53150 32 018- 5008 -0227 M ANDERSON LLC 1224 Wayne St N South Send 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 18018 State Line Rd South Bend IN 46637 8 -5008 -0218 8- 5008 -0202 MORIAL HOSPITAL OF SOUTH ND INC 615 N Michigan St 9 South Bend IN 46601 J37 8 - 5005 -0125 8 - 5005 -0124 8 - 5005 -0121 8 - 5005 -0122 JNEMETHCLASZLO D LL 3020 BUCKINGHAM PL South Bend rIN 46614 8 -5015 -0476 & MARTHA J 74860 Brick Rd Granger 46530 38 018 -5008 -0234 PETSCHE FRANK J & SUZAANNE M 17401 Eldorado Lane South Bend IN 46635 018- d40 5004 -ODB7 PISER LARRY 516 E Colfax Ave South Bend IN 46617 018-5004-008401 PROBST HOUSE LLC 520 E Colfax Ave South Bentl IN 46617 004 -0086 PURPLE PORCH COOPERATIVE INC PO Box 1242 South Bend IN 46624 15 -0487 U4,3 015 -0483 15 -0488 RAPPELLI LEEANN C PO Box 644 Notre Dame IN 46556 06- 016102 ROEMER MARY C 616 E Colfax South Bend IN 46601 04-007502 09 -0277 09 -0278 TADDEO HOLDINGS LLC 623 E LaSalle South Bend IN 46617 09.0274 LAWRENCE P. MAGLIOZZI C r%F('11'1'1 V Ii DI REI'TaR Angela M. Smfth D o„ D1, a, � . , AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 399 W. JEFFERSON BLVD., ROOM 1140 COLIN'I'Y -CITY BUILDING, SOUTH BEND, INDIANA 46111 (574) 2BS -9591 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 (1C 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 of J.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 B ROSELAND w w W. III o 11,.< O U H I Y I N 4 I � N L. c o n. e a f n I I Lx 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 57. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA 6 ROSELAND W W W.St10 1 1 PH CC ON I Y N 0 1 . N A.' 0 N 1A F 1 I v t AN w g a w a U Q W CC Q O a x a �L Na d mo t �U CL 7D O o b 1U- 0 - CA U 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 SL 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 in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincetr����� 7 Charles C. Bulot, C.B.O. Building Commissioner CCB /cah Filed in r 1r:, ° h d ice Jc�,,;r . CITY CLERK, SwrH fAi WD, IN PETITION ST. JOSEPH CATHOLIC PARISH VARIANCE PURSUANT TO I.C. 36-7 -4-918 AREA BOARD OF TONING APPEALS FD IDBVG OF FACTS 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 injurious 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 CM IT IS THEREFORE the decision of this Board that this VARINCE PETITION is GRANTED, subJect to any conditions stated in the Minutes (which conditions are incorporated herein by reference and made part of this decision). ADOPTED this 4TH pay of MARCH, 2015. M NO ABSEtrr MICHAEL URBANSKI E) RANDALL MATTHYS ABSWT ROBERT HAWLEY IM GERALD PHIPPS ABSetrr JACK YOUNG © KATHY SCHUTH 0 BRENDAN CRUMLISH FUpy in Cvf ',9.• ff CITY `Ni ND, IN RESOLUTION NO. 6t-u A)0. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PLEDGING ITS INTEREST IN THE DEVELOPMENTS PROPOSED BY THE POKAGON BAND OF POTAWATOMI INDIANS AND RECOGNIZING OUR STRATEGIC AND VITAL PARTNERSHIP WITH INDIANA'S ONLY FEDERALLY - RECOGNIZED TRIBE IN THE STATE �, the Common Council of the City of South Bend, Indiana recognizes that on January 14, 2013, the Common Council adopted Resolution No. 4228 -13 which approved a petition of the Area Board of Zoning Appeals (ABZA) for the property located at 3733 Locust Street, South Bend, Indiana; after it received a unanimous favorable recommendation on the request from the ABZA; and the 2013 petition requested a Special Exception for the Locust Street property to permit "a government facility; Indiana Tribal Government Office for the Pokagon Band of Potawatomi Indians, a federally recognized Native American Tribe with a service area in the State of Indiana"; and emu, the Common Council further recognizes that the Pokagon Band of Potawatomi Indians is the only federally- recognized Indiana tribe; and further notes that the Locust Street property in South Bend provides needed administrative services to area Tribal citizens, with testimony at the ABZA meeting noting that "we do have a high concentration of Pokagon citizens in the South Bend area, northern Indiana, about 500 so we think that our data would show that we would probably triple that... serving 60 to 90 citizens a month in our building. Some of the services we would provide are tutoring for our young students. Enrollment into our programs, our education programs, housing, financial empowerment and social service'; and Naw; the Pokagon Band of Potawatomi Indians has made "enormous strides... to further economic development, to develop tribal infrastructure and resources, and to improve healthcare, housing, education, and elder services to its citizens... [and] has made it a priority to develop language and cultural programs for its citizens to fully engage the Pokagon community in the cultural heritage and traditional lifeways of the Pokagon people ...which benefit the Indian and non -Indian communities alike ": and WACyt.y the Common Council further notes that the Pokagon Band's recognition of the "importance of maintaining a strong, self - sustaining government and strategic partnerships with state and local governments" has only continued to grow over the years which has resulted in sustained collaboration and positive involvement. Eba�Je/aed �sdb �mmat. �a/LefMe "'$`9� � .�d/ai+w af�ma.• Section I. The South Bend Common Council is proud to recognize that the Pokagon Band of Potawatomi Indians has a ten - county service delivery area with four (4) counties in southwestern Michigan and six (6) counties, namely St. Joseph, LaPorte, Elkhart, Starke, Marshall, and Kosciusko in Indiana which includes much of their ancestral and historical lands with the largest population concentrations remaining in the vicinity of the "traditional villages in the St. Joseph River Valley, near the towns of Dowagiac and Hartford, Michigan and South Bend, Indiana. Section II. The Common Council recognizes considerable potential benefit to the City from a proposed tribal village and related developments near Rum Village in the 6`^ Councilmanic District in South Bend. The Pokagon Band's vision includes housing units, healthcare service areas, tribal government facilities, hotel, aparnnents,,meeting and conference facilities, a gaming facility and parking garage; while potentially creating an estimated 1,400 construction jobs and 2,000 permanent jobs which would represent an in increase jobs in St. Joseph County by 2.9 %. Section III. This Resolution shall be in full force and e t fro i and &� its ad tion by �thcConmnon Council and approval by the Mayor. Tim Scott, 1" District er J. Davis, 6 District Henry Davis, Jr., 2"d District Valerie Schey, 3rd District Dr. Fred Ferlic, 4i1 District Dr. David Varner, 5'° District 1gFM , Office of the City Clerk Derek D. Dieter, At Large Gavin Ferlic, At Large Karen L. White, At Large Kathleen Cekanski Farrand, Council Attorney Pete Buttigieg, Mayor of South Bend 22 1e. r Common Council City of South Bend Indiana Oliver J. Davis, 6'h District Council Member 4`h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5986 (574) 235 -9173 Facsimile (574)235 -5567 rTY/TDD April 8, 2015 Members of the Common Council 4'h Floor County -City Building South Bend, Indiana 46601 Re: Resolution on Pokagon Band of Potawatomi Indians Proposed Development Dear Council Members: You will recall that at our first regular meeting of the Common Council this year, held on January 12, 2015, John Warren, the Chairman of the Pokagon Band of Potawatomi Indians gave the Invocation. At our last Common Council meeting, I noted that the U.S. Bureau of Indian Affairs had posted information on the web regarding the application filed by the Pokagon Band of Potawatomi Indians for the transfer and proposed development of 165.81 acres, located in the 6'h Councilmanic District, which I am proud to represent. A link to that information and their Executive Summary has been shared with you. I have had the opportunity to share the attached Resolution with the City Administration. It provides an opportunity for the Council to also address this very important topic. I recommend that this proposed Resolution be sent to the Community Relations Committee for review, discussion and a favorable recommendation. Thank you. X is 6'h District Council Member Attachments PUBLIC MEETING Environmental Impact Statement for the Proposed Pokagon Band of Potawatomi Indians Fee -to -Trust Transfer for Tribal Village and Casino City of South Bend, Indiana April 14, 2015 Begins at 6:00 pm Century Center South Bend Room - Discovery Hall North 120 S. St. Joseph Street South Bend, Indiana 46601 Parking at the Century Center is available in the flat surface lot that is adjacent to the building. Additional parking is available throughout the downtown area with flat surface lots, parking garages, and street parking. Building and meeting room are ADA compliant. mart NnU p p' @ @@ E, pp p 3 3 M t 3 " p This meeting will be held to receive public comments related to the draft environmental impact statement (DEIS) released by the Bureau of Indian Affairs for the proposed Pokagon Band of Potawatomi Indians Fee -to -Trust Transfer T11 for Tribal Village and Casino, City of South Bend, Indiana. Comments are sought on information that needs to be clarified or included in the DEIS. Comments received on the DEIS will be used by the Bureau of Indian Affairs to prepare a final environmental impact statement (FEIS) for the project. l - � .3 EOPUAe r V ��t s FvNgn:id ILA �x . ne cmlurycpge, s . ♦�� x; o ntnr ma . South Bend Century Center car Fn 120 S. St. Joseph Street .nom u South Bend, Indiana 46601 The environmental impact statement is for the development of housing, community facilities, and government office space on the South Bend parcel as a mixed -use "tribal village" to facilitate the re- establishment of a distinct Pokagon community within Northern Indiana. In addition to the residential and governmental structures proposed in the tribal village, the Band would also develop a Gaming Facility to help meet critical needs of the Pokagon Band in Indiana. The point of contact for comments or questions is Scott Doig, Regional Environmental Protection Specialist, Midwest Regional Office, Bureau of Indian Affairs, 5600 West American Boulevard, Suite 500, Bloomington, MN 55437; telephone (612) 725 -4514. Event information can be viewed at http:llcenturycenter.org/events. o ntnr ma . South Bend Century Center car Fn 120 S. St. Joseph Street .nom u South Bend, Indiana 46601 The environmental impact statement is for the development of housing, community facilities, and government office space on the South Bend parcel as a mixed -use "tribal village" to facilitate the re- establishment of a distinct Pokagon community within Northern Indiana. In addition to the residential and governmental structures proposed in the tribal village, the Band would also develop a Gaming Facility to help meet critical needs of the Pokagon Band in Indiana. The point of contact for comments or questions is Scott Doig, Regional Environmental Protection Specialist, Midwest Regional Office, Bureau of Indian Affairs, 5600 West American Boulevard, Suite 500, Bloomington, MN 55437; telephone (612) 725 -4514. Event information can be viewed at http:llcenturycenter.org/events. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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 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 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, Birner 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- 1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice. of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 sea., 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real 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, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1- 12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 80" of 7J;sa to Cowa °ot-r'�, f Jp °✓ 9 Member of the Co oun sar�mthb "�9 �d ed n Clerk's Office v:isseNTED t4- l 3-( S� E. R 22 20115 Not nwavw 3 doriN V�iG=ii ZtiioATidf CITY CLERK, SouTH BEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3230 South Bend Avenue AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR -YEAR REAL PROPERTY TAX ABATEMENT FOR Rainbow Rascals South Bend LLC WHEREAS, a petition for real property tax abatement consideration has been 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 3230 South Bend Avenue, South Bend, IN 46635 and which is more particularly described as: Pt of SW 1/4 SE 1/4 Sec 29- 38 -3e; Ex Part Sold NW Side & Adj to IN 23 and which has Key Numbers 002 -2019- 041103 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et M., and South Bend Municipal Code Sections 2 -76, et sN., 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 an Economic Revitalization 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 completed by the Petitioner 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 the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of four (4) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. 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 P 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. �� S'� ( � Member of the Common Council Soft iSiuvgis =ryaw pmwe an opptmq r ror Filed in CjRrk's Office APR- - 7 2095 _ ; i,, T'D NOT APPRQ 11 s CITY CLERK, SpUTh' F #END, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 April 6, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, 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: Real Property Tax Abatement Petition for: Rainbow Rascals South Bend LLC Dear Council Member Ferlic: Please find the attached information pertaining to a real property tax abatement petition for Rainbow Rascals South Bend LLC's new building construction: ➢ 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 total cost for the construction is estimated at $1,255,000. The project meets the qualifications for a (4) four year real property tax abatement and a representative from Rainbow Rascals South Bend will be available to meet with the Committee on Monday, April 6, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely, �jJ1l /� Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Filed in i;ir'$ Office JON Pi vn4tJE CITY CLERK SptJYH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMICRESOURCES JITIN KATN PAMELAC.MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: Rainbow Rascals South Bend LLC DATE: April 7, 2015 On Friday, March 6, 2015, a petition from Rainbow Rascal South Bend LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 3230 South Bend Ave., South Bend, IN 46635. 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 ➢ Child care center that will provide care for 150 children and create no fewer than 30 jobs for the community ➢ $1,255,000 investment in new building construction ➢ Total project taxes — $160,135 ➢ Estimated taxes being abated during four year abatement period — $63,612 ➢ Total taxes to be paid during two year abatement period — $96,523 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 20 permanent, full -time and zero (0) permanent, part-time jobs within the first year, representing a new annual payroll of $457,600 ➢ The project will create 30 jobs over five years with a total payroll of $2,962,897. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES AnN KAIN PAMELA C. MEYER CHRIS FIELDING BROOK ZEEB ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the South Side Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (4) four -year real property tax abatement under section 2 -84.2, Real Property Tax Abatement. April 7, 2015 p. 2 Heraeus Kulzer, LLC e 0000 o M In a0 O aD� LO � o o o o < m m m n Cq N y O O O O M M 7 N V } 00 �Np N1 co L6 O 0000 000 N z W R O� N r y rl tf1 � 0000 < GOO 'MQ g} M M M M) N m M ' < co r M m Gp r t e N0000 o O OtO tO N� M MGO to N io M M N M yyc��mu'�i de < M M U J 00 O 0000 r 0 001 GOO Mr C G1 ow f� O o0 0 000o u1 1n mm Z C% o000 'a oovi r> o990 < �' M M E°a ~I o000 0 � C <` < 0 0< l f j o M V O AA�� /(D Q. U N N xNx W Oo W y Cn C G C O O = O 3 U y NNNN 1 £Egg o0 mva0o� ro z o�M M O '^ c SS G1 N a m 7� 000 O L6 o 'o o tO N'�f M Gd o M v p, F-I m <o id m vi x ui CO a Lu N UQ 2� H m N m C m 0 O e OIN O N ��pp ��y+1N C ry N NNN mmm GO t u1 V O O U) GO t0 O t0 u1 .-. IL O Q- U O O I 7 N M M M '�( F-I LLJ m m m M a L 3 a a co o .2 o <NMV cc }I E7 �Vo EG�i° M N Z "v d 0o0 O O O F C y a.2 < oio Yg E ay L) W to o T FUW p N 7 O ic a 16 « gy N N X 60 m lu�llo >>E«° X « mY ��vY w��V f� Gi 00 z an Rz Lvov °cE m W rQz E v,U i' t N N= Um� ` eF 4 C.9 U 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 3/16/2015 Mr. Charles Bulot CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Building Commissioner St. Joseph Co. /South Bend Building Dept. 125 S. Lafayette Boulevard South Bend, IN 46601 RE: Commercial Property Tax Abatement Petition For: Rainbow Rascals South Bend LLC 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 17, 2015. I thank you in advance for your time and consideration and, if you should have any questions, please call me at 235 -5823. Sincerely, Aaron Kobb Department of Community Investment Enclosures Filed In G ;sW ff AM.- 7 2015 IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT EOONor HCRESO0RCEs JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROOK zEEB City of South Bend oQ4a�T�o �o Petition for Incentives , Petition must Include a $250 filing fee payable to the City Clerk's ice or online via the City 's website at , http.Ilsouthbendin.gov /government/ content /tox-abatement before processing can be complete 1865 General Information Project Name Rainbow Child Care Cente 14 -0038 Legal name as registered whh Secretary of Rainbow Rascals South Bend LLC Business structure Limited Liability Company Companywebsite www.rainbowccc.com Proposed Project Information Proposed project address 17288 State Road 23 Parent company name Rainbow Child Care Center City, State,Zip South Bend, IN 46635 Legal owner Patrick Fenton Site acreage or acreage required 15 Is the real estate owned or Owned Square feet of facility 10420 If leased by whom Primary Contact Information Primary company contact name Chauncey Hitchcock Title In -House Counsel Address of company contact 1732 Crooks Road Phone 248518 -0828 City, State, Zip Troy, MI 48084 Email chitchcock @minbowccacom Senior Official Information Companysenior ofllcial name - Patrick Fenton True Owner i Address of company contact (B different from shovel I Phone City, State, Zip Email pfenton @rainbowccc.com Consultant Information/Agent Hired business consultant/ agent name NONE Consultant release(y /N) Address Low] economic development partners app-1 y N City, State, Zip Email Project Overview Brief description of your We are a National Child Care provider servicing children from 6 weeks to 6 years of age. Our services go hand in hand with company, project, and why the the economic growth of any thriving community. Residents and business alike benefit from quality child care. Our center will property is necessary for provide care for 150 children and create no fewer than 30 jobs for the community. economic growth We are installing an additional 300 LF of underground sewer Main along our property to the North for future surrounding community growth and to lend benefit to the surrounding properties. This 300' of additional Sewer Service serves absolutely no purpose for our use and is being provided strictly for future benefit of the City and surrounding properties. Filed in ;::. °: = � ice 11 Certified Technology Park appropriate - Community Aevhalization Enhancement District Certify that the Building Pernik has not been issued IY/NW YES Number of residential units created by TBD If this is a petition for personal property tax abatement, has NO theequipment been installed New Proiect Investment Calendar Year 2014 2015 2016 2017 2018 2019 2020 202 Land Acqulsition $30,000 $0 Building tease Payments $ 0 Building Purchase Costs $ 0 New Building Construction $1,255,000 Existing Building improvements $ 0 New Machinery . Equipment $ 0 Special Tooling/Retooling $0 New Furniture/Fixtures $25,000 New Computer/IT Hardware $7,000 New Software $1,500 On -site Rail Infrastructure $ 0 On -site Fiber Infrastructure - $0 TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year. - Jobs retained '. TOtalhourly Cumulative rl of net NEW full tfine Hourly avemee wage, w/o Total training Total 0tobe wage w/o permanent jobs created at project benefits or bonuses, of expenditure- tMned -not fringe or cumulative net new jobs not cumugthe bonuses cumulative 2014 0 0 0 0 0 0 2015 20 11.00 0 0 2016 21 11.29 0 0 2017 24 11.57 0 0 2018 27 12.00 2019 30 12.19 2020 2021 2022 2023 2024 2025 Full time Parttime Laborers 16 5 Technical 1 0 Managerial 2 0 Administrative 1 0 owl IF MtFe n v uams poml ble for coo nanng with WorkOne on recrulin7 Lindsey Wilson Does your company have an EEO hiring policy? Yes Are you an EEO employer? Yes Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last year 2013 2014 20158 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black 73 240 265 We seek unique individuals who are team players and dedicated to creating Hispanic g 32 36 and maintaining a positive learning environment that is coupled with Asian 3 18 20 laughter and smiling faces. Our 3 year Indian 0 0 0 growth has demanded the recruitment of exceptional team members, throughout our organization. We are Female 2252 2198 2370 committed to our communities and there Other families. Complete ..- Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please corn complete the table below with the appropriate p ppro riots information. If you qualify for the points, please enter the full amount of available points. Qualify (Y es or Earned Points Available Poi1s- 1 Construction Related (Contractors): A. Employ Local Companies (75%) Yes 20 20 B. Purchase Materials from Local Companies (75 %) Yes 20 20 C. Require Employees vs. Independent Contractors No 19 D. Require Prevailing Wage (Davis Bacon) No 22 E. Require Health Benefits No 22 F. Require Pension Benefits No 18 G. Maintain Affirmative Action Plan Yes 20 20 Sub-total Construction Related: 60 141 2 Wage Benefit Related (Owner): A. Pay Target Wage Levels No 0 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care Yes 15 15 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Sub -total Wage Benefit Related: 106 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Sub -total Workforce Related: 152 152 4 Supporta Municipal Facility: A. Support a SB Municipal Facility (donations to the zoo, conservatory, museum, etc.) No 0 84 Name of Facility N/A Sub -total Municipal Facility: 10 84 Sub -total from Above: 318 539 The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of theQy of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6- 1.1- 12.1 -1, et sea.,atl Sout "d Municipal Code Sec. 2 -76 et seo., for this petition state the above. What is the current assessed value? Real Property: Personal Property: What is the projected assessed value? RealProperly: Personal Property: What is the tax key number for this project? What is the six digh NAICS code? Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes paid for the last Me years when applicable. Real Property Taxes: Personal Property Taxe Year One Year Two �p Year Three G Year Four Year Five Staff Use Please fill out the Public Benefit Summary Information Only and add to the total from above. or N Points Points Public Benefit Item: Prdiect Related: - 5 A. Redevelop a Site that has Special Needs 49 , Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub -total Project Related: 0 120 6 Super Size Projects (point values are cumulativelSize Projects (point values are cumulativel: 25 A. 100 %to 199% B. 200% to 299% 68 C. 300% to 399% 65 D. 400Y. and Over 52 Sub -total Super Size Projects: 10 210 7 Payfor Municipal Infrastructure Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26 -50% of Extension Cost 26 C. Pay for 51 -7S% of Extension Cost 39 D. Pay for 76-100% of Extension Cost 52 Sub -total Infrastructure Related: 0 131 Total from Applicant Section: 318 539 Total from Staff Section: 0 461 Total Public Benefit Points: 318 1000 I The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Couna"Ibfthsc4l of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6-1.1- 12.1 -1, It leg., Sout�Wcl Municipal Code Sec. 2.76 et sed„ for this petition state the above. 1) How do I pay my petition filing fee? Yourpetition filingfee can be paid either in person or via mail toe Or online via paypal at: City Clerk's Office http: / /Southbendin.gov /government/ Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd. -Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. L 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent peryear on training over the course oftheproject. 7 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positio `•� The amount ofpeople that you will train per year over the length of the project. r R Y Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelm fie, e lid1 \ Department of Community Investment at 574.235.5842 or email at sheintsctasouthbendin.� - :�*,� y� ,CREeD District Boundary! 2 - Grare SwM South N Fob �a9r Mow DD N J Polantl E ondham & i Fisher Tutt Tutt $ Sampe Ken Ohl. Gant 3a I9rvG0h Stull c � A E emetlway v - •_ Ed..M ^Legend i g ._.. y. Heney o x N a OCREeD Ltismtl FQ Indiana � g Intlnna A O South Bend Parc els N 5 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. L 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent peryear on training over the course oftheproject. 7 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positio `•� The amount ofpeople that you will train per year over the length of the project. r R Y Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelm fie, e lid1 \ Department of Community Investment at 574.235.5842 or email at sheintsctasouthbendin.� - :�*,� y� , 3 ?(0 $=��jre4mP 1�ho U It Date 6° iii►i► ��i►� iii► ►iii ►i►►i i►►ii �ii�� iii i►i�ii ►�►i iii► 1 a t s s s o 3 1419630 RECORDED AS :RESENTED ON 00/13/2014 01:19:03PR PHILLIP A. DOTSON ST. Josm COUNTY - RECUR" Tax ID No. FGS: 3 FEES: 120.00_ 02- 2019 - 041101 n1 n FOR! MERIDIAN TITLE CORP 71- 04 -29- 455 - 002.000 -003 02- 2019 - 041103 q M _Gta 71 -04 -29 -455- 001.000 -003 WARRANTY DEED THIS INDENTURE WITNESSETH THAT Property 23, LLC, an Indiana limited liability company CONVEY(S) AND WARRANT(S) TO Rainbow Rascals South Bend LLC, a Michigan limited liability company , for Ten Dollars and other valuable consideration the receipt whereof is hereby acknowledged, the following described REAL ESTATE in Saint Joseph County, in the State of Indiana, to wit: SEE ATTACHED EXHIBIT '•A" Subject to Real Estate taxes now due and payable and thereafter. Subject to covenants, restrictions and easements of record. The undersigned person(s) executing this deed on behalf of the Limited Liability Company represent and certify that they are a current member /manager of said Limited Liability Company and have been fully empowered by a proper meeting and vote of the Limited Liability Company members to execute and deliver this deed. IN WITNESS WHEREOF, the Grantor has executed this deed this 8'" day of August, 2014. Pr Pty 23 LLC � '& ! / 1 By: Shannon Marie Hahn, Member nrv1 By: John Fr ci ahn, Member MTC File No.: 14 -48 0 (LLCWD) Page 7 of 3 DULY ENTERED FOR TAXATION PETER H. MULLEN ST. JOSEPH CO. INDIANA FNW In Is Office CITY CL 4e' ;' su, IN 141 %80 Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Shannon Marie Hahn, John Francis Hahn, Jennifer Catherine Schmidtendorff and Daniel Dale Schmidtendorff, Members of Property 23 LLC who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this Bh day of August, 2014 My Commission Expires: Notary Notary Public County and State of Residence ••'rrnunaptl•• This instrument was prepared by: AgddMW T McGuire Attorney -at- Law #25941 -71 202 S. Michigan Street, Ste. 300, South Bend, IN 46601 Property Address: a $ 3 17316 SR 23 (� South Bend, IN 46635 So,`� Za% 4`5 Signature of Notary Public Grantee's Address and Mail Tax Statements To: 1732 Crooks Rd., Troy. MI 48084 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Andrew T. McGuire MTC File No.: 14 -4880 (LLCWD) Filed In 0."- k'c Office CrrYCLIER", -40, IN Page 2 of 3 1619680 •4 EXHIBIT A Parcel I: Lot Lettered "B" as shown on the Plat of Standard Federal Bank Replat, recorded August 29, 1994 in the Office of the Recorder of Saint Joseph County, Indiana as Instrument No. 9432933. Parcel II: A part of the Southwest Quarter of the Southeast Quarter of Section No. Twenty -nine (29), in Township No. Thirty -eight (38) North, Range No. Three (3) East, described as follows, viz: Beginning at a point on the East line of the Southwest Quarter of the Southeast Quarter of said Section, 125 feet South of the intersection of the center line of Edwardsburg Road with said East line; thence South 134 feet along said East line; thence West along a line parallel to the South line of said Southwest Quarter of the Southeast Quarter of said Section to the center line of Edwardsburg Road; thence Northeasterly along the center line of said road to a point 118 feet West of the place of beginning; thence East 118 feet to the place of beginning. EXCEPTING THEREFROM: A part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the intersection of the center line of Edwardsburg Highway, S.R. 23 with the East line of said Quarter Quarter Section; thence South 0 degrees 34 minutes 00 seconds East 125.00 feet (distance quoted from Document No. 8513146, dated May 1985) along said East line to the Northeast corner of the owner's land; thence South 89 degrees 02 minutes 46 seconds West 62.90 feet along the North line of the owner's land to the Southeastern boundary of Edwardsburg Highway, S.R. 23 and the point of beginning of this description; thence North 89 degrees 02 minutes 46 seconds East 13.78 feet along said North line: thence South 42 degrees 30 minutes 00 seconds West 184.59 feet to the South line of the owner's land: thence South 89 degrees 02 minutes 46 seconds West 13.78 feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 42 degrees 30 minutes 00 seconds East 184.59 feet along said boundary to the point of beginning. MTC File No.: 14 -4880 (LLCWD) CITY CLh :u, IN Page 3 of 3 1419680 Im is OSTATEMENT OF BENEFITS - REAL ESTATE IMPROVEMENTS S ® State Form 51767 (R412 -13) 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) ❑ Residentially distressed area (IC 6 -1.1- 12.1 -4.1) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public heating 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 or rehabilitation 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. a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner if H was mailed after April la If the property owner misses the May 10 deadline in the initial year of occupation, he can apply between March 1 and May 10 of a subsequent year 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- IrReal Property annually to the application to show compliance with the Statement of Benefits. (IC 6- 1.1- 12.1- 5.1(b) and 1C 6 -1.1- 12.1 - 5.36)). 5, The schedules established under IC 6-1.1- 12.1 -4(d) for rehabilitated property apply to any economic revitalization areas designated after June 30. 2000. unless an alternative deduction schedule is adopted by the designating body (IC 6 -1.1- 12.1 -17). The schedules effective prior to July 1. 2000, shall continue to apply to economic revitalization areas designated before July 1, 2000. SECTION •- Name of taxpayer Rainbow Rascals South Bend LLC Address of taxpayer (number and street. city, state. and ZlPCode) 1732 Cracks Road, Troy, MI 48084 Name of contact person Telephone number E -mail address Chauncey Hitchcock 248 519 -1928 ( 1 chitchcockgrsinbowccc.com it • • • 1 • UN01 '• l-I 4911=1011IMM Name of designating body Resolution number City of South Bend Location of property County DLGF taxing district number 17288 State Road 23, Mishawaka 02- 2019091101 /02-2019-041103 Description of real property improvements. redevelopment. or rehabilitation (use additional sheets it necessary) Estimated start date (month, day. year) TBD 2015 Construction of a 10420 Sq. Ft. Child Care Facility and related City of South Bend improvements, to the addition of 316 LF of underground Sewer infirm Estimated completion date (month, day, year) TBD 2015 Current number Salaries Number retained Salanes Number additional Salaries 12 275.000.00 REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 300.000.00 Plus estimated values of proposed project 1,255,000.00 1,5ss,000.00 Less values of any property being replaced Net estimated values upon completion of project 1.555,000.00 Estimated solid waste converted (pounds) 0 —��- Estimated hazardous o d (pnpnds _ Other benefits CIIYCI.ML�ia; 1�jr`�. � ..ai7,fN SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this state t are true. Si atur of a t ed r re5enlalive Tide Dale 5igne (month day, year) Owner /J Page 1 of 2 We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed orto be passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction (hat is allowed in the designated area is limited lo: 1. Redevelopment or rehabilitation of real estate Improvements 13 Yes ❑ No 2. Residentially distressed areas ❑ Yes ® No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (soecifv) E. The deduction is allowed for (see below). F. Did the designating body adopt an altemative deduction schedule per IC 6- 1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. member of designating and titre o /attester) Telephone number Date signed /month, day. year) If the designating body limits the time period during which an area is an economic revilalizalion area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.1- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1. 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 30. 2000, and is not in a residentially distressed area, the deduction period may not exceed ten (10) years. Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 S. Robinson St., South Bend, IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Bamar Plastics, Inc. WHEREAS, a petition for personal property tax abatement consideration has been 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 1702 S. Robinson St., South Bend, IN 46613 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be assigned be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sue., 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et SeMc ., 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 an Economic Revitalization 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 pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et sue., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sblllllg Of ft bAl is Orgy to pravfde an Member of the CommodUC MI In Clark's Offial OQQMIF* flip pbr B W PRESENTED On vo wm � 2 NOT APPRo\MD ,IO11N RO RMI AD0PT6O CITYC6SRK, SOUTH SSNt1, IN _.. 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 April 6, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, 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 RE: Personal Property Tax Abatement Petition for: Bamar Plastics, Inc. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx:574t235 -9021 Please find the attached information pertaining to a personal property tax abatement petition for Bamar Plastics, Inc.: ➢ 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. Bamar Plastics, Inc. will be purchasing and installing approximately $360,000 of new equipment to meet market demands and acquire new customers. The project meets the qualifications for a (5) five year personal property tax abatement and a representative from Bamar Plastics, Inc. will be available to meet with the Committee on Monday, April 13, 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 235 -9339. Sincerely C� / Brock Zeeb Director Economic Resources Attachments ' cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Filed in C iav�,s Office IR 7 2015 CITY CLERK:, SOUTH BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JmN KAIN PAMELAC.MEYER CHRIS FIELDING BROCx ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: Bamar Plastics, Inc. DATE: April 6, 2015 On Monday, April 6, 2015, a petition from Bamar Plastics, Inc. was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 1702 S. Robinson St, South Bend, IN 46613. 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 ➢ New vertical rotary press being purchased to meet market needs and to help attract new customers ➢ New project taxes — $30,883 ➢ Estimated taxes being abated during five year abatement period — $14,156 ➢ Total taxes to be paid on new and existing equipment over the next five years — $16,727 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 2 -3 permanent, full -time and zero (0) permanent, part=time jobs within the first year, representing a new annual payroll of $20,800 - $31,200 per job ➢ Maintain (0) zero existing permanent full -time and (0) zero existing part-time jobs with a payroll of $0. ➢ The project will create 2 -3 jobs over ten years with a payroll of $208,000- 312,000 perjob. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMICR souRCEs JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROOK ZEEB ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the South Side 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 personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. April 6, 2015 p. 2 Bamar Plastics, Inc. Filed in Ogrh-'s ®ff cei /, ,"R - 7 2015 (job- CITYCLERK, REND, IN eo � e � M N y N N N (O N N m L } m m No V L6 C C6 C a m m o o m 0 0 0 0 0 0 o M� O M M O O N N N d d W 9 O m M M m m 0 N 0 0 0 0 0 m s W W w V V Z Z aI l`n')_ f`m')_ N } a N m m m m a N N a m .o. 3 aci mQ q m L m p. /m o W � � yC Y LU N 0 o M mOOOO o M O� M�OO O ���y X'O N N N N O a°D. N fm0 M M 9 'MM r N N am h � Y m m n V R v N m Q U; m N IL m O m m >+ y N M N 000 N W w N °OSN (OD M 0 RNA � Z N NOD,m m 1°O Y N mN V V N N f0 N £ai 1`7 rz N '7 M a N ui 0 m W 'O � N d O Ewa Z0a Y W- m �a F ow oo� �o oo poo � o V O y a N 0 0 m m 0 w r m m 0 °o N ° M a' 0 0 0 o °A o f0 M O m d N o � m A m y w E Q m o m s m m R z iL >v m r q m US d ZO FY NaO 'I OR. m Oct M m uuuNNN N � N 0 usf r � v C N 'O N � C VC O D) N `ml Mvmmr _� > 0 N N N N N N> N N N R N A 0 aaaaa m �N F' m T W c o m o 1? t Filed in "rWs Office m APRI- 7 2015 mm m JoWi I efi75 ❑ O Y CLERK. S66 �! I BE ND, IN a " ca O V m c_ F d� w D ya m � h 'O � N d O Ewa Z0a Y W- m �a F ow oo� �o oo poo � o V O y a N 0 0 m m 0 w r m m 0 °o N ° M a' 0 0 0 o °A o f0 M O m d N o � m A m y w E Q m o m s m m R z iL >v m r q m US d ZO FY NaO 'I OR. m Oct M m uuuNNN N � N 0 usf r � v C N 'O N � C VC O D) N `ml Mvmmr _� > 0 N N N N N N> N N N R N A 0 aaaaa m �N F' m T W c o m o 1? t Filed in "rWs Office m APRI- 7 2015 mm m JoWi I efi75 ❑ O Y CLERK. S66 �! I BE ND, IN a " ca O V m c_ F d� w D ya m � h 0 °o N ° M a' 0 0 0 o °A o f0 M O m d N o � m A m y w E Q m o m s m m R z iL >v m r q m US d ZO FY NaO 'I OR. m Oct M m uuuNNN N � N 0 usf r � v C N 'O N � C VC O D) N `ml Mvmmr _� > 0 N N N N N N> N N N R N A 0 aaaaa m �N F' m T W c o m o 1? t Filed in "rWs Office m APRI- 7 2015 mm m JoWi I efi75 ❑ O Y CLERK. S66 �! I BE ND, IN a " ca O V m c_ F d� w D ya m � h d ZO FY NaO 'I OR. m Oct M m uuuNNN N � N 0 usf r � v C N 'O N � C VC O D) N `ml Mvmmr _� > 0 N N N N N N> N N N R N A 0 aaaaa m �N F' m T W c o m o 1? t Filed in "rWs Office m APRI- 7 2015 mm m JoWi I efi75 ❑ O Y CLERK. S66 �! I BE ND, IN a " ca O V m c_ F d� w D ya m � h Filed in "rWs Office m APRI- 7 2015 mm m JoWi I efi75 ❑ O Y CLERK. S66 �! I BE ND, IN a " ca O V m c_ F d� w D ya m � h �OEepV1Ra�4 1,55 Berner Plastics, Inc. S Corp 1702 S. Robinson St. South Bend, IN 46613 Heather Metxel, David Lee, Carrie Farmer No expansion is required Blair jjk1qFJJTMjOffice Manager 1702 S Robinson St IN 46613 McVay N/A Plastics, Inc. President / General Manager Banner Plastics, Inc. is a custom injection molding company, servicing industries such as automotive, electronics & US Military. We re in need of a new vertical press to support a current automotive customer, with a program that will support $500,000 annually. We have supported this business with an older used press for a few years, but we also have some new potential business that will ran the current press, so we can keep both busy & would require hiring atleasl 1 more press operator. The vertical press requires an operator at the press to load an insert before molding plastic around 0. We have quoted business for the insert rotary press to 2 different customers, and will need additional press time and operators. The Vision System will be an absolute necessity if we fact obtain the business we've quoted for a defense contract. This contract will generate sales in the area of between $300,000 to $1.5 million. The time required to layout and perform quality testing off of the 17 tools in this project will be impossible to do without a vision system. This business would also generate at least 2 jobs as we would need another plastic processor and a quality inspector. The water towers would be replacing old worn equipment, that is necessary to keep the production going. Water lines must run through the molds as plastic is being processed, and the main tower that supports our plant is leaking as It is very old. Acquiring these water towers ensures the un- interrupted production of all our current business, thus keeping all current staff integral to support our growing business. We need updated computers and software to continue supporting N/A Calendar Year 2014 2015 2016 2017 2018 2019 2020 2021 TOTAL Full-Time Permanent Indiana-Resident Positions by Calendar Year Provide hourly wage information for new employees in the following positions. Please list the number of full time and part time minority and/or female employees for each of the last three years: Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Submitted By: =M AW/ rx Date: Staff Use Only Please fill out the Public Benefit Summary Information and add to the total from above. BAMAR PLASTICS INC. Personnel Policy Manual BAMAR PLASTICS INC. Personnel Policy Manua) P11eg1/ Clerk,$ office SECTION I Cijrc, N so FORWARD �N aENp, IN This Policies and Procedures Manual is intended to answer questions, clarify answers, and give definition to specific areas regarding the day -to -day operations of 6amar Plastics Inc., the Company. It is designed to be a positive tool to aid you in your job with the Company. The policies and procedures presented in this manual shall be in effect until changed by the President or General Manager of the Company. If it is necessary to make changes, employees will be notified, in writing, of those changes and their effective date. Any policy, procedure, or questions not covered in this manual will be considered and a decision rendered by the President or General Manager of the Company. I am sure you will agree, when the rules and responsibilities are known and observed, a smooth running organization will result. EQUAL OPPORTUNITY Applicants will be hired on the basis of experience, training, personal background, and the potential for growth within the Company in order to continue to be a successful company. There shall be no discrimination based on religion, age, sex, race, physical handicaps, veteran's status, or national origin. It is the intent of the management that equal opportunity will be provided in all promotions, wages, benefits, and other privileges, terms, and conditions of employment. AT WILL EMPLOYMENT It is the policy of the Company that all employees who do not have a written, individual employment contract with the Company for a specific, fixed term of employment are employed at the will of the Company for an indefinite period. Employees who do not have a separate, individual written employment contract are employed at the will of the Company and are subject to termination at any time, for any reason, with or without cause or notice. At the same time, such employees may terminate their employment at anytime and for any reason. Revision D 03106/2014 1) How do I pay my petition filing fee? Yourpetition filing fee can be paid either in person or via mail to: Or online via paypal at: City Clerk's Office http: / /Southbmdin.gov /government/ Attn: Deputy City Clerk content /tax - abatement 227 West Jefferson Blvd.. Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfundingmustbeappliedfortobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sara ,,t ' Department of Community Investment at 574. 235.5842 or email at sheintze Psouthbendineov J' Filed in Clork's 0f6ict 70R, - .12015 Cl3 k , 4.r t . <;,;D, IN CREeD District Boundary 4race s� Fold - oil��_ .�. PplmM1d I cNm, L. S Fch$r Tuff . tun n Sample- ONO '. a � S ....... 1a16e6 Z 4 y'. fr Gm ay _ N Legend S '._ �' , 11q'bne� oCREeO GSImt, r:.: laelaae' 8wM BenE ParcNS °� 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfundingmustbeappliedfortobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sara ,,t ' Department of Community Investment at 574. 235.5842 or email at sheintze Psouthbendineov J' Filed in Clork's 0f6ict 70R, - .12015 Cl3 k , 4.r t . <;,;D, IN STATEMENT OF BENEFITS PERSONAL PROPERTY Stale Form 51764 (R2112 -11) Prescribed by the Department of Local Government Finance JOb1t1€ y100*;DE CITY CLERK, SOUTH ,SEND, IN FORM SS -1 /Pp PRIVACY NOTICE The costendany ar2-ci TOduafs salary infomlelion is oinfidenliai; the balance of the fill g is pubic record INSTRUCTIONS. r IC 6 -1.1. 12.1.5.1 (c) eod (d), 1. Th/s 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,whetherto designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, andforlogistical distribution equipment and/orhub mation technology equipment for which the person wishes to claim a deduction. Projects "planned or commkted io afteiJUly 1, ig87, and areas designated after July 1, 1987, require a STATEMENTOFBENEFITS. (IC6- 1.1-12.1) 2. Approval of (he designating body (Co Council, Tom Board, County Council, etc.) must be obtained poor to installation of the new manufacturing equipment and/or research and development equipment and/or logistikal distribution equipment and/or information technology equipment BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated or with the county assessor if there is no township assessor for the township. The 103 -ER4 must be filed between March land May 15 ofthe assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March i end the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statemem ofBenefits. (IC 6 -1.1- 12,1 -5.6) 5. The schedules established under IC 6.1.1.12.1.4.5(d) and (e) apply to equipment installed after Match 1, 2001, unless an alternative deduction schedule is adopted by the designating body (1C 6 -1.1. 12.1 -17), SECTION INFORMATION Name of taxpayer 6amar Plasllw. Inc. Address of Msah Siers<mu 8 iN SM city, stale, and ZIP cods) 1]02 5. Robin o e Name of contact person Tncis Blair Telephone. number 570.2341(366 • • • • I • • •••• • ••• Name of designating body ResoiUdon number (s) Location of property 1702 S. Robinson St. South Bend, IN 46613 Cauni DLGF taxing district number SL Joseph Description of manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment. ESTIMATED START DATE COMPLETION DATE (use additional sheets if necessary) 001612015 nmtrzol5 Manufacturing Equipment R & D Equipment Rotary Table Ventral press. Water Towers (2), Auxiliary Equipment, Vision System, Computers, Servers. Firewall 8 Logisl Dist Equipment IT Equipment 05f0112015 11/0112(315 Currentnumber Salaries Number retained Salaries Number additional 32 $1,045,408 32 $1.045,408 $5 000- $15,000 NOTE: Pursuant to ICB -1.1- 12.9 -5.1 (d) (2) the MANUFACTURING R & D EQUIPMENT LOGIST DIST EQUIPMENT IT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED ASSESSED COST WILLIE VALUE COST ASSESSED Vi1LUE Current values $o Plus estimated values of proposed project $3s4o(3o 515,000 Lass values of any property being replaced Net estimated values upon completion of project ,coo sls,000 • • • . . • .. Estimated solid waste converted (pounds) No Estimated hazardous waste converted (pounds) we Other benefils: SECTION 6 TAXPAYER CERTIFICATION i hereby certify that the representations in this statement are We. Sig otelAtlonzed repro a Tl6e Date sig (month, day, year) a i- Page 1 of 2 119 %rJl[42a-Q{�y° We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6-1.1. 92.1.2. A . The designated area has been limited to a period of time not to exceed calendar years' (see below). The dale this designation expires B . The type of deduction that is allowed In the designated area is limited to: 1. Installation of new manufacturing equipment; ® Yes M N o 2. Installation of new research and development equipment; ® Yes m N o 3. Installation of new logistical distribution equipment. ®Yes ®No 4. Installation of new information technology equipment; ICIYOS ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ coal with an assessed value of $ E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F. The amount of deduction applicable to new information technology, equipment is limited to $ cost with an assessed value of G. Other limitations or conditions (speGfy) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for ❑ 1 year ❑ 6 years '• For ERAS established prior to July 1, 2000, only a ❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ 8 years ❑ 4 years ❑ 9 years 5 years " ❑ 10 years " 1. Did the designating body adopt an alternative deduction schedule per IC 8-1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form. Also we have reviewed the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient tojuslty the deduction described above. day. year) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.1- 12.1.4.5 Page 2 of 2 RESOLUTION NO. Substitute Bill No. 15 -13 �i l 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 WACmi 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 NC�4 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 dXC.,. currently taxpayers may appeal no later than May 10th or 45 days after the date of the tax bill, whichever is later; and *Cmm, 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 *Cmae 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 Q%C 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.Roy ; and G4 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 4 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 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. 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, as well as from owners of all other commercial and industrial properties in the City of South Bend, 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 CM, John Voorde, City Clerk PRESENTED Henry Davis, Jr., Dinnric South Bend Common Council Filed in : t• , s:. "office C17Y CLERK, SOUTH i4iboEND, IN .e^O!6 Buttigieg, Mayor of South Bend, Indiana VI _ Cli Tit �7 3 4\f �s t\ \ c v�rW Common Council City of South Bend Indiana Henry Davis, Jr., 2nd District Council Member 411 Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9983 (574) 235 -9173 Facsimile (574)235 -5567 TiY/TDD March 9, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Substitute Bill No. 15 -13 Resolution on Concerns Raised by Property Owners on Reassessment Dear Council Members: I am filing for your consideration Substitute Bill No. 15 -13. The only change is set forth in the first paragraph of Section II, where commercial and industrial property owners have been included. As noted when the original Bill was filed, it sets forth a summary of information related to the reassessment 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. The Office of the City Clerk has been asked to make sure that County Assessor Rosemary Mandrici is invited to next Monday's Personnel and Finance Committee meeting when this Substitute Bill will be discussed. Thank you. Sincerely, Henry Davis, Jr., 2nd 1 ict o it Member South Bend Common Council Attachment Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20. ARTICLE 13 OF THE SOUTHBEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY- WIDE REGULATIONS BANNING THE USE OF ALL HAND -HELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING, 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. 9946 -09 on July 27, 2009 which created local public safety regulations banning the use of hand -held mobile telephones, mobile communication devices and telecommunication devices in school zones. Those regulations were based on the "public safety interests of helping to protect our school children, our school crossing guards, and the motoring public in our community ". At the March 23, 2015 Common Council meeting local high school students presented information and data on the State of Indiana's statewide program "Drive Now, Text L8r" campaign. Currently there are fourteen (14) states which ban the use of hand -held devices while driving. The Indiana General Assembly has not taken legislative action on prohibiting the use of all handheld devices while driving. In light of the growing public safety concerns which is resulting in a higher amount of deaths due to distracted drivers, especially among our young people, it is believed that a city -wide ban would be in the best interests of our residents and visitors to our city. This ordinance would also update the penalty provisions for the violations in the Schedule of Ordinance and Code Violations set forth in Section 2 -213 of the South Bend Municipal Code. Section I. The current language codified into Section 20 -130 of Chapter 20, Article 13 of the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows: ARTICLE 13. CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND- HELD ELECTRONIC COMMUNICIATION DEVICES WHILE DRIVING. See. 20 -130 Definitions. As used in this Article: Ordinance Banning Use of All Electronic Communication Devices:While Driving Page 2 (a) Electronic Communication Devices mean any electronic device, including but not limited to a hand -held wireless telephone, hand -held personal digital assistant, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into a motor vehicle. (b) Motor vehicle means a vehicle that is self - propelled, and as further defined as set forth in Indiana Code § 9 -13 -2 -105.1 (c) Street or highway means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter or right, for the purpose of vehicular traffic.2 Section II. The current language codified into Section 20 -131 of Chapter 20, Article 13 of the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows: Sec. 20 -131 Use of Hand -Held Electronic Communication Devices While Driving Prohibited. A person may not operate a motor vehicle on any street or highway in the city while using a hand- held electronic communication device. Section III. The current language codified into Section 20 -132 of Chapter 20, Article 13 of the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows: Sec. 20 -132 Limited Exceptions. This Article shall not apply to: (a) A law enforcement officer or operator of an emergency vehicle while performing his or her official duties; (b) A driver of a motor vehicle, who is driving along, who is using a electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation; (c) A driver of a motor vehicle who is using an electronic communication device in hands - free or voice - operated mode; ' On January 1, 2015, Public Law 221 - 2014, § 12 took effect which defined motor vehicle as a vehicle that is self - propelled which does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device; and contains numerous cross - references to Title 9 of the Indiana Code addressing motor vehicle. See also South Bend Municipal Code Section 20- 2(a) (16). 2 This definition is also set forth in South Bend Municipal Code Section 20 -2(a) (43). Ordinance Banning Use of All Electronic Communication Devices While Driving Page 3 (d) A driver of a motor vehicle using an electronic communication device while parked on the shoulder of a street or highway; (e) A driver of a motor vehicle using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park; (f) A driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or (g) A driver of a motor vehicle using an electronic communication device capable of performing multiple functions, other than a hand -held wireless telephone or hand -held personal digital assistant such as a fleet management system, dispatching device, citizens band radio, or music play, for a purpose that is not otherwise prohibited by this Article. Section IV. The current language codified into Section 20 -1333 of Chapter 20, Article 13 of the South Bend Municipal Code entitled Violations and Penalties and codified into Section 20- 134 4 of Chapter 20, Article 13 of the South Bend Municipal Code entitled Deposit of Fine Monies Into Police Department Training Fund is re- affirmed. Section V. Chapter 20, Article 13 of the South Bend Municipal Code is further amended by the addition of new Section 20 -135, which is currently reserved, which shall read in its entirety as follows: Sec. 20 -135 Street Signage. The City of South Bend shall post street signage on all main arterial streets leading into the City, and at other locations which the Board of Public Works determine necessary, which gives notice of the ban addressed in this Article. Section VI. The chart set forth in Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended in part to read as follows: 20 -133 Use of Hand -Held Mobile Telephen r Other D ' 75.00/125.00/250.00 While Driving in c 4e'e1 ones Electronic Communication Device While Drivine 3 South Bend Municipal Code Section 20 -133 calls for fines of $75 for the I' violation, $125 for the 2 "d violation and $250 for each subsequent violation, and if there is an accident in a School Crossing Zoning the fine is automatically $250. 'South Bend Municipal Code Section 20 -134 calls for fines to be deposited into Fund # 220. Ordinance Banning Use of All Electronic Communication Devices While Driving Page 5 Section VII. 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 VIII. This ordinance shall be in full force and effect on July 1, 2015, and from and after its passage by the Common Council, approval by the Mayor, and legal publication. Office of the City Clerk m. 1st READNG PUBLIC HEARING 3 rd READING NOT APPR,OVLD REFERRED PASSB7 .V3 ( If Henry Davis, Jr., Yl District Obuincil Member South Bend Common Council �ia nl�./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 �rcv dnnr/ �:.r. /by me on the day Pete Buttigieg, Mayor City of South Bend, Indiana 2015, at _ o'clock Filed II? � . • �_ C ^lffice 7 L015 CITY CLERK, 506 4 BEND, IN 1W Common Council City of South Bend Indiana Henry Davis, Jr., 2n4 District Council Member 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5983 (574) 235 -9173 Facsimile April 2, 2015 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 (574)235 -5567 TTY/TDD Re: Ordinance Calling for a Ban of All Hand -Held Electronic Communication Devices While Driving Dear Council Members: In light of the enthusiastic response on the "Drive Now, Text L8R" Campaign by area high school students at our last Common Council meeting, and the overriding public safety concerns on this topic, I am introducing the attached ordinance for your review, discussion and passage. I am also attaching information form the Insurance Institute for Highway Safety and the Highway Loss Data Institute which depicts as of this month the fourteen (14) states which ban hand -held electronic communication devices. The power -point presentation on "Texting & Driving" prepared by the high school students is already of record in the Office of the City Clerk. In light of the Indiana General Assembly not taking action on these growing public safety issues, I believe that we need to address these concerns, until a state -wide ban becomes the law in our state. I am recommending an effective date of July 1" for these public safety regulations, so that there is ample public notice to the public and time for the Administration to post proper signage. I request that this Bill be sent to the Council's Health and Public Safety Committee and be scheduled for public hearing at the April 27, 2015 Common Council meeting. Thank you. Sincer 1 Henry vi . 2 "d District Jr Councl em e Attachments Filed in e l s *° Office 7 Z015 JOHu V,4,3 wnjfs CRY CLERIC, SOUTH BEND, IN Map of hand -held cellphone bans INSURANCE WITTCTITi RENEYMMININUM I]9TA INSTITUTE HIGHWAY SAFETY RESEARCH & COMMUNICATIONS Distracted driving Concern is mounting about the effects of phone use and texting while driving. Page I of 2 Cellphones and texting April 2015 Talking on a hand -held cellphone while driving is banned in 14 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 37 states and the District of Columbia. Text messaging is banned for all drivers in 45 states and the District of Columbia. In addition, novice drivers are banned from telling in three slates (Missouri, Oklahoma and Texas). Many localities have enacted their own bans on cellphones or text messaging. In some but not all states, local jurisdictions need specific statutory authority to do so. In addition, most school bus drivers are banned from texting and using hand -held cellphones by state code, regulation or school district policy. The table and maps below show the states that have cellphone laws, whether they specifically ban text messaging, and whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary. Table Map: hand-held bans Map: texting bans Map: young driver all cellphone bans Hover over map for more detail, 1 In Louisiana, all learner's permit holders, irrespective of age, and all intermediate license holders are prohibited from driving while using a hand -held cellphone. All drivers younger than 18 are prohibited from using any cellphone. All drivers, irrespective of age, issued a first driver's license are prohibited from using a cellphone for one year. The cellphone ban is secondary for novice drivers ages 18 and older. http: / /www.iihs.org /iihs/ topics / laws / cellphonelaws /maphandheideellbans 4/2/2015 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE ESTABLISHMENT OF A SOUTH BEND MUNICIPAL ID CARD PROGRAM STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that since 2005, there have been communities studying municipal identification card programs. One of the first studies was conducted by the Unidad Latina enAccion (ULA) in New Haven, Connecticut. New Haven, Connecticut was the first city to implement a municipal identification program in 2007, and their program uses what is refer-red to as an "Elm City Resident Card ". Two (2) proofs of New Haven residency are required to be eligible, with the card expiring when an individual no long has residency within the city limits. The fees for such a card were $5.00 for children and $10.00 for adults. The overall purpose of the card was to provide proof of identification and residency for the approximate 10,000 to 15,000 undocumented persons living in New Haven. Their card can also be used as a debit card with a limit of $150; a method of payment for parking meter fees; and works as a library card. Private funds from the First City Fund Corporation in the amount of $250,359 were used to fund the implementation of their program. San Francisco, California became the next city to develop a city ID program, with their Board of Supervisors voting in November of 2007 to move forward with the program. In October of 2008 a court in San Francisco ruled that the "...city's plan to issue municipal identification cards to residents regardless of immigration status does not violate state and federal law ". Ordinance No. 279 -08 was passed on November 18, 2008 which amended the original ordinance; with educational and training materials then being prepared along with hardware and software programs. On January 15, 2009 the City of San Francisco officially began issuing "SF City ID Cards ". The following communities and the year each community's ID program became operational is briefly set forth below: 2010 Trenton, New Jersey 2011 Richmond, California 2012 Los Angeles, California 2013 Oakland, California 2015 New York, New York Some of the other communities looking into whether a program would be in the best interests of their cities include New Orleans, Louisiana and Charlotte, North Carolina. Each program is unique to the municipality which created it by proper ordinance. Some of the studies have indicated that a municipal - issued identification card may assist law enforcement South Bend Municipal ID Card Program Ordinance Page 2 officials and undocumented individuals to better interact. Some are linked to various forms of economic programs such as Richmond, California's having the option of having a $200 pre -paid debit limit; Los Angeles, California's also having a prepaid debit option; with Oakland, California being the first community to have this function. New York City's municipal identification program was officially launched on January 12, 2015, and is referred to as the "IDNYC Card ". It provides free membership to "The Public Theater, Flushing Town Hall, Museum of the City of New York, Staten Island Children's Museum, Brooklyn Botanic Garden, and the Bronx Zoo ". An "IDNYC Benefits Guide" is available in English, Spanish, Chinese and Russian. An "IDNYC Brochure" is available in English, Spanish, Chinese, Russian, Haitian, Creole, Korean and Bengali ". Their program was estimated to cost $8.4 million the first year, and $5.6 million in succeeding years. There are eleven (11) states which have passed laws permitting an undocumented resident to apply for driver's licenses as of 2014, namely: Washington, Oregon, California, Nevada, Utah, Colorado, New Mexico, Vermont, Connecticut, Maryland, and Illinois. The following ordinance is believed to provide an opportunity for individuals who may not be eligible to apply to the Indiana Bureau of Motor Vehicles (BMV) who has the authority to issue an IndianaID /SecureID to residents, or who do not wish to apply for a license to drive; and also for those individuals who may not be eligible or do not wish to apply for the Indiana non - SecureID. The ordinance provides an opportunity for the potential development of a municipal ID card which may incorporate the latest technologies, so that such cards cannot be duplicated or have the card's information electronically stolen. Such cards may enable individuals to establish their identity when needed for city emergency medical responders; may assist individuals if they become a victim of a crime or a victim of a natural or man-made disaster. The ordinance is believed to help further public health, safety and welfare measures by providing a secure mechanism of proof of identity and residency in the City of South Bend, Indiana. ��/ /ia»a, u•1� / /�rni Section I. There is hereby established a South Bend Municipal ID Card Program, which shall be subject to the terms and conditions set forth in this ordinance. South Bend Municipal ID Card Program 1. Definitions. For purposes of this ordinance, the following definitions shall apply: South Bend Municipal ID Card Program Ordinance Page 3 a. City shall mean the City of South Bend, Indiana. b. Municipal ID Card shall mean a secure identification card issued by the City which shall display, including but not limited to, the cardholder's name, photograph, address, date of birth and an expiration date. c. Program Administrator shall mean the City Controller, or his duly designated designee, who shall be responsible for coordinating with a third party administrator selected to implement and administer the South Bend Municipal ID Card Program. d. Proofofldentity shall mean the criteria set forth in sub - section 4.a (i) of this ordinance which is required of a person who applies for a South Bend Municipal ID Card. e. Proof of Residency shall mean the criteria set forth in 4.a (ii) of this ordinance which is required of a person who applies for a South Bend Municipal ID Card. f. Resident shall mean a person who can demonstrate that he or she has been present in the City for at least fifteen (15) continuous days and who presents proof of residency as specified in sub - section 4.a (ii) of this ordinance. g. Third Party Administrator shall mean the vendor selected through a public request for proposals to implement and administer a secure South Bend Municipal ID Card program at no net cost to the City, its departments, bureaus, or its taxpayers. 2. Purposes of a South Bend Municipal ID Card Program. a. It is the City's intent that the South Bend Municipal ID Card Program provide a city resident with a means of proving his or her residency in the City of South Bend, Indiana. b. The South Bend Municipal ID Card Program further aims to help substantiate a resident's identify when proof of identity is needed for City programs and services, as well as when interacting with public safety personnel providing such services in the City. The City is attempting to promote the general public safety and welfare of the community. The City does not assume or impose any obligation upon its officers, employees or agents of any liability in monetary damages or other legal recourse to any person who may claim a breach proximately caused injury. 3. Terms and Conditions Before Program Implementation and Issuance of South Bend Municipal ID Cards. a. The Department of Administration and Finance of the City shall coordinate the filing South Bend Municipal ID Card Program Ordinance Page 4 of all relevant data, projected costs, and other pertinent information addressing the future implementation of the purposes of the program summarized in ¶ 2 of this ordinance, including any supplemental features which are consistent with the purposes of this ordinance. Such filing shall be made in the Office of the City Clerk, which shall trigger future joint meeting(s) of the Council's Personnel and Finance Committee and the Community Relations Committee. In order for a South Bend Municipal ID Card Program to become effective following such joint meeting(s), a Council Resolution, which certifies that the implementation and administration of the South Bend Municipal ID Card Program would be operated at minimal or no net cost to the City, its departments, bureaus, or agencies, and which establishes any and all fees, will be required to be adopted by the Common Council. b. The South Bend Municipal ID Card shall bear the seal of the City and shall be produced in a form which is encrypted with a magnetic strip, barcode or similar security feature to prevent card duplication or counterfeit reproduction, and is secured from electronic pickpocketing (EP) with a radio - frequency identification (RFID) blocking card or sleeve. 4. Application Process. a. To obtain a South Bend Municipal ID Card, a resident shall complete an application, under pains and penalties of perjury, which requires proof of identity and proof of residency within the city. Said applications shall have instructions available in English, and other language(s) upon request. Upon receipt of both proof of identity and residency as required by the sub - sections included below, and the applicable fee, the Program Administrator shall issue shall issue a South Bend Municipal ID Card meeting the conditions set forth in sub - section 3.b of this ordinance. (i) Proof ofldentity: In order to establish identity, each applicant must present either: (1) One (1) of the following documents containing both the applicant's photograph and date of birth: a U.S. or foreign passport; a driver's license issued by a state or territory of the United States; a state identification card issued by any state or territory of the United States; a U.S. Permanent Resident Card (commonly referred to as a `Green Card'); a consular identification (CID) card or matriculal; or a photo identification card issued by another country to its citizens or nationals that meets the following requirements ' For over 100 years, the Mexican government have authorized the Consulate of Mexico to issue a matricula or Consular ID card to Mexican citizens who live outside of Mexico. The matricula certifies that the individual is a Mexican citizen, includes a birthplace and individual's address outside of Mexico. Said cards are valid for five (5) years and cost approximately thirty dollars. Information on the Consular ID Card which has been posted by the Consulate of Mexico was filed with this ordinance and is available from the Office of the City Clerk. South Bend Municipal ID Card Program Ordinance Page 5 aa. The issuing country authorizes the use of the card as an alternative to a passport for re -entry into the issuing country; and bb. The card has a photograph of the person and the person's date of birth; and cc. The card meets standards established by the Program Administrator to ensure that the applicant was required to provide reliable identifying information in order to obtain the card and the card has features reasonably designed to protect against fraud and counterfeit reproduction. In determining whether the identification meets these requirements, the Program Administrator may use standards adopted by the National Notary Association. Notwithstanding the above, if the applicant is thirteen (13) years of age or younger, he or she may present a certified copy of a U.S. or foreign birth certificate to established identify under this subsection; or (2) Two (2) of the following documents, provided that at least one (1) form of identification shall display the applicant's photograph and date of birth; a national identification card with photo, name, address, date of birth, and expiration date; a foreign driver's license; a U.S. or foreign military identification card; a current visa issued by a government agency; a U.S. Individual Taxpayer Identification Number (ITIN) authorization letter; an identification card issued by an Indiana educational institution, including elementary, middle, high school, secondary, and post -high school or post - secondary schools; a certified copy of a U.S. or foreign birth certificate; a court order issued by a state or federal court to verify a person's identity; or a Social Security card. Notwithstanding the above, where the applicant is age thirteen (13) years of age or younger, he or she may present an official medical record and /or official school record to establish identity under this subsection, provided that at least one (1) of the two (2) forms of identification presented shall display the applicant's date of birth. (ii) Proof of Residency: In order to establish residency, each applicant must present one (1) of the following items, provided that the item includes both the applicant's name and a residential addressed located within the City: South Bend Municipal ID Card Program Ordinance Page 6 (1) A utility bill dated within the last thirty (30) days; a written verification confirming at least fifteen (15) days residency within the last thirty (3 0) days issued by a homeless shelter that: is operated in the City; written verification issued by a hospital, medical clinic or social service agency who provided services to the applicant; a local property tax statement or mortgage payment receipt dated within the last thirty (30) days; proof of a minor currently enrolled in a school located in the city; an employment pay stub or similar employment wage verification dated within the last thirty (30) days; a jury summons or court order issued by a state or federal court dated within the last thirty (30) days; or an insurance bill (homeowner's, renter's health, life or automobile insurance) dated within the last thirty (30) days. If a certified copy of a marriage certificate is presented at the time of application, an applicant may prove residency using documents bearing the name of his or her spouse. (2) The Program Administrator may by regulation provide that if an applicant is thirteen (13) years of age or younger, cannot produce any of the items set forth in subsection 4.a.(ii) (1) to prove residency, a parent or legal guardian may verify the applicant's residency provided that the parent or guardian would be eligible for a South Bend Municipal ID Card. (iii) The Program Administrator may by regulation provide for acceptance of additional form of proof of identity and /or proof of residency, provided that the Program Administrator determines that such form of proof are: issued by a governmental entity or is a type of proof of identity or proof of residency which is accept in the ordinary course of business in the U.S. (iv) An application submitted on behalf of a minor must be completed by the minor's parent or legal guardian. (v) The city shall keep confidential, in accordance with applicable laws, the name and other identifying information of persons applying for and receiving a South Bend Municipal ID Cards. The city shall cause the applications to be produced in a form which allows the applicant to state their privacy preferences. The city shall not retain records of applicants' residential addresses. b. Upon request, the Program Administrator shall issue a South Bend Municipal ID Card to any resident who meets the foregoing application requirements and pays the applicable fee. South Bend Municipal ID Card Program Ordinance Page 7 5. Implementation Process and Program Information to be Posted on City's Website The Program Administrator is authorized to adopt additional rules and regulations which are consistent with this ordinance, in order to implement and administer the issuance of South Bend Municipal ID Cards. Any additional rules and regulations deemed necessary by the Program Administrator shall be filed in the Office of the City Clerk, who shall maintain them with this ordinance and send them electronically to members of the Common Council and maintain a copy of all such rules and regulations with this ordinance. Such regulations may include but not be limited to a procedure for payment of fees in monthly installments without interest by an indigent person, who is defined as a person without the means to pay the fee, which would be a similar monthly process as the provisions set forth in Section 1 -24 of the South Bend Municipal Code;2 as well as establishing a process for an indigent person's waiver of a fee in its entirety, as determined by the Program Administrator, on a case by case basis. Within ten (10) business days of a Council Resolution being adopted, as addressed in ¶ 3 of this ordinance, the City shall develop a link to information on the City's website which is devoted to the South Bend Municipal ID Card Program. Key program information shall be highlighted and it shall permit a copy of this ordinance to be accessed as well as the Council Resolution required in order for the implementation of the South Bend Municipal ID Card Program to take place. If any additional rules and regulations become necessary, those shall also be made available from the city's website. 6. Fees. Fees shall be charged for each South Bend Municipal ID Card issued. The Common Council shall set the maximum fee amounts by Resolution, upon compliance by the Department of Administration and Finance and the Council and their committees as further addressed in ¶ 3 a. of this ordinance. 7. Proof of Residency for City Services and Programs• Pre - Emption. a. Any city service or city program which requires proof of identity or proof of residency shall accept a South Bend Municipal ID Card issued by the city, unless it can be shown that the card has been alerted or improperly issued; is an unauthorized duplicate; or a counterfeit reproduction. b. This section is not intended to replace any other existing requirements for issuance of other a South Bend Municipal Code Section 1 -24 authorizes payment of $5.00 per month by any indigent person of a fine ordered to be paid by a court. South Bend Municipal ID Card Program Ordinance Page 8 forms of identification in connection with the administration of a city service or program; nor is this section intended to replace any state or federal regulations or laws addressing proof of identity or proof of residency. c. In no circumstance shall the existence of the South Bend Municipal ID Card Program cause the city to lose funds from any funding source which require the usage of other state or federal proof of identity or proof of residency, with such requirements pre - empting local regulations. 8. South Bend Municipal ID Card Holder's Responsibilities. a. A person who has been issued a South Bend Municipal ID Card by the city must notify the Program Administrator within ten (10) business days of any change in address which is different than the one provided on the original application for such a card. Upon receiving notification of a change in address and its verification, the Program Administrator shall issue a notice of new address to be carried with the South Bend Municipal ID Card or be issued a new card pursuant to the rules and regulations duly adopted by the Program Administrator. b. If a person who has been issued a South Bend Municipal ID Card no longer resides in the city, or expects to reside outside of the city for a period of greater than ninety (90) consecutive calendar days, the card holder must relinquish the card by mailing or personally delivering the card to the Program Administrator with an acknowledgement of his or her intent to reside elsewhere. Said action by the Card Holder must take place within ten (10) business days of any proposed change in residency, as further addressed in this paragraph. 9. Altered, Unauthorized Duplication; Counterfeit Reproduced Cards and Misuse of Card. a. It is a violation of this ordinance, for any person to: (1) Knowingly present false information to the City in the course of applying for a South Bend Municipal ID Card; (2) Alter, copy, replicate, produce a counterfeit copy of a city issued South Bend Municipal ID Card; or (3) To use a South Bend Municipal ID Card issued to another person, with the intent to cause a third person or entity to believe the holder of the card is the person to whom the card was issued. b. Anyone who is found in violation of section 8 of this ordinance, shall lose the ability to possess a South Bend Municipal ID Card; and shall be subject to the penalty provisions set forth in Section 1 -23 of the South Bend Municipal Code. South Bend Municipal ID Card Program Ordinance Page 9 10. Semi - Annual Updates By the Administration to the Council. The Program Administrator shall provide an update to the Common Council on any South Bend Municipal ID Card Program which is authorized to be implemented, pursuant to the terms and conditions set forth in ¶ 3 of this ordinance, at the 2 "a regular Common Council meeting held each January and July. 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. Section III. This ordinance shall be passed by the Common Council and be in full force and effect, upon a future Resolution being formally adopted by the Common Council establishing an exact effective date of a South Bend Municipal ID Card Program. Such Resolution shall be prepared and filed by the City Administration which verifies that the implementation and administration of the South Bend Municipal ID Card Program will be operated at minimal or no net cost to the City, its departments, bureaus, or taxpayers, and sets forth any and all card holder fees; all of which shall be subject to the approval by the Common Council, approval by the Mayor. Henry Davis, Jr., "d is Council Member South Bend Common Council Oliver J. Davis, 6"' District Council Member South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Gavin Ferlic, Council Member at Large South Bend Common Council South Bend Municipal ID Card Program Ordinance Page 10 Derek D. Dieter, Council Member at Large South Bend Common Council Valerie Schey, 31 District Council Member South Bend Common Council Office of the City Clerk 61�i ';rwb, -(/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 %J'�iric c /chid �n�c /by me on the _ day of 2015, at o'clock .m. i st READING PUBLIC HEARING 3 rd READING NOT APPRO D FFTERRED PASSED Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Cam €ki Office 1 Q�S JOHN VUORDE CITY CLERK, SOUTH BEND, IN .or.rxe. c` 2 rxs Common Council City of South Bend Indiana Henry Davis, Jr., 2 ^d District Council Member 41h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5983 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD April 7, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Ordinance Calling for the Establishment of a South Bend Municipal ID Card Program Dear Council Members: I am very pleased to file the attached ordinance which calls for the establishment of a South Bend Municipal ID Card Program. I am also pleased to note that Council Member Oliver J. Davis, Karen L. White, Gavin Ferlic and Derek D. Dieter voiced enthusiastic support of developing a city ID card program, at the last Common Council meeting. Council Member Valerie Schey has also expressed interest in developing such a program. This ordinance would begin to formalize a public process in moving forward in developing such a program, which is envisioned to be a two -step process. The proposed ordinance would be the 1st step, and a future resolution of the Council being the 2nd step, before such a program would be in effect. As we briefly discussed at the last Common Council meeting held on March 23rd, I have been working on this topic since last December. At that meeting, many members of the public held up signs asking for a City ID card program. Some individuals voiced their support of a local City ID card program that evening when the special resolution declaring Farmworker Awareness Week was being discussed by the Council, including the Mayor. There are potentially many positive results which could happen from having a well - constructed city or municipal ID program, such as: • Using the ID card for identification purposes when dealing with medical responders from the South Bend Fire Department Using the ID card for identification purposes when a person is a victim of a crime when dealing with public safety officers from the South Bend Police Department Using the ID card for identification purposes when dealing with emergency personnel during a natural or man -made emergency Cover Letter to the South Bend Municipal ID Card Program Ordinance April 7, 2015 Page 2 • Using the ID card for identification purposes for City of South Bend recreational and cultural programs if identification is needed or required. As noted in the proposed ordinance, we have studied many of the other City ID card programs, which have been successfully launched in other communities. Some of those programs, in addition to the positive items highlighted above, have coordinated with other organizations, non - profits, and financial institutions to develop additional special features such as having other entities recognize the City ID for identification purposes; and having debit and/or credit features. The proposed ordinance is patterned after several of the provisions included in ordinances in the California communities, noting that the San Francisco ordinance was upheld when it was constitutionally challenged. Unlike the program in New York City which is estimated to cost the city approximately $8.4 million in its first year of operation, the proposed South Bend Municipal ID Card Program challenges the City Administration to work with the Common Council and our community residents, organizations, and businesses in developing a program which would be operated at minimal or no net cost to the City, its departments, bureaus, or our taxpayers. Developing and having a secure South Bend Municipal ID Card program is also extremely important. You will find attached information from the Consulate of Mexico regarding the security provisions which they use for their Consular ID Cards. The proposed ordinance calls for the South Bend Municipal ID Card to be developed in such a way as to minimize fraud, counterfeit reproduction, and also be secured from electronic pickpocketing devices (EP) which are beginning to create significant identification security problems. The proposed ordinance sets forth basic standards which will require close collaboration with the City Administration, the public, and the Council in order to be successful. It calls for the sharing of additional detailed information regarding how the program would be paid for as well as recommended fees which would be charged to applicants. A future Council Resolution would be required for actual implementation of a South Bend Municipal ID Card Program. Such a Resolution would be filed by the City Administration which would trigger a date certain for implementation of such a program which would be at minimal or no net cost to the City. In summary, the proposed ordinance would address: 1. Definitions. 2. Purposes of a South Bend Municipal ID Card Program. 3. Terms and Conditions Before Program Implementation and Issuance of ID Cards. 4. Application Process. 5. Implementation Process and Program Information to be Posted on City's Website. 6. Fees. 7. Proof of Residency for City Services and Programs; Pre - Emption. 8. South Bend Municipal ID Card Holder's Responsibilities. Cover Letter to the South Bend Municipal ID Card Program Ordinance April 7, 2015 Page 3 9. Altered, Unauthorized Duplications; Counterfeit Reproduced Cards and Misuse of Card. 10. Semi - Annual Updates on Program by the Administration to the Council. This proposed ordinance would formally begin the discussion process of potentially developing a South Bend Municipal ID Card Program. We will continue to review other programs so that the best possible practices will be weighed, debated and considered. We look forward to spirited, factual, and productive discussions, so that we can continue to collaborate with concerned citizens, the City Administration, and all interested parties. Thank you very much. M s Henry Davis5Cct South Bend Common Council Attachments Filed i :. Office 0 2015 Jl7Fr: ', CITY CLERK, Sotil 4 jEND, IN W LU CV tA W Ln � U W z — o LLJ �L�{ J -j W � — cr W W � X W U c O a U u •L � BE U E 11 s Q v+ o o C M .0 Q •; o �. o 3 WIC - CEO L L fo A L U) C U v.1 U r6 d 1.11, C K 4a W d O Kw Loll d NE G Tm E. _U i� V C N) ~ w� Ln a N 2 S V x CW G W Z a O w V W aao ��- W W f4 era u V W f ,w W W X Y' y7 0 W ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GB GENERAL BUSINESS DISTRICT TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MIXED COMMERCIAL USE PROJECT. 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 SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT #4 OF THE PLAT OF "MCKINLEY- HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORD OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 10.61 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AN RESTRICTIONS OF RECORD. and the same is hereby established as PUD Planned Unit Development 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. 1 Vv-\ S (-ommo �-� Member of the Common Ouncil GOA •. . , . Tl 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 o'clock M. Mayor of the City of South Bend, Indiana 20 , at t sf READING PUBLIC HEARING L[:?R1-ULM5 3 rd READING NOT APPROAK) REFERREQ , zN ®, IN PASSED 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 subject property is located at: 605 North Hickory Road, South Bend, Indiana 46615 2) The property Tax Key Number(s) is /are: Key # 1: 18 -5201 -7736 3) Name and address of property owner(s) of the petition site: South Bend Self Storage LLC Attn: Tom Johnson 11710 N. Armenia Avenue Tampa, FL 33612 813 - 340 -1307 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: N/A 5) It is desired and requested that this property be rezoned: From: GB General Business District To: PUD Planned Unit Development 6) This rezoning is requested to allow the following use(s): Mixed -Use Commercial Development. 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) six (6) site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): South end e fS orage LLC Attn: Tom J has n 11710 N. Ar is Avenue Tampa, FL 33612 813- 340 -1307 PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner. com APR 00 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, Its SOUTH BEND SELF STORAGE, LLC Mr. Larry Magliozzi Executive Director of the Area Planning Commission Room 1140 County City Building 227 West Jefferson Blvd. South Bend, IN 46601 RE: South Bend Self Storage, LLC Rezoning Dear Mr. Magliozzi: Please accept this letter as written confirmation that we have granted Mr. Thomas E. Johnson full authority to sign any and all documents related to our rezoning request for the property located at 605 N. Hickory Road, South bend, IN. If you have any questions concerning this matter, please feel free to call me at 813 -340- 1307. Sincerely, yje�c� Thom s . Johnson Manager/Partner South Bend Self Storage, LLC ARR 00 2Q15 JOHN VOORDE CITY CLERK, SOUTH BEND, IN LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 4 OF THE PLAT OF "MC KINLEY - HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 10.61 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Clork's Office ! APR �ZQ15 � F CITY CI RV( SOUTH END, IN Property Owners Within 300 Feet Elks Lodge #235 TOP Spin LLC Earth Designs Real estate LLC 3535 E. McKinley Ave 776 Mountain Blvd # 202 PO Box 148 Mishawaka, IN. 46545 Watchung, NJ. 07069 South Bend, IN. 46624 Tax Key # 018 52017741 Tax Key # 018 5201773602 Tax Key # 018 5201773601 South Bend Self Storage LLC Earth Designs Real Estate LLC McKinley Town and Country LP 11710 N Armenia Ave PO Box 148 2400 Miracle Lane Tampa, FL. 33612 South Bend, IN. 46624 Mishawaka, iN.4654S Tax Key # 018 52017736 Tax Key # 018 5201773603 Tax Key # 016 2058193902 James & Martha Lewallen Asmir Muminovic Khadum AI- Khazaly 3616 Sorin St 3630 Sorin St 3604 Sorin St South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5184 6940 Tax Key # 018 5184 6939 Tax Key # 018 5184 6938 Joseph Muszer Armand Murat Elks Lodge #235 3522 Sorin St 11219 Anderson Rd 3535 E McKinley Ave South Bend, IN. 46615 Granger, IN. 46530 South Bend, IN. 46615 Tax Key # 018 5184 6937 Tax Key # 018 52017739 Tax Key # 018 52017741 Elks Lodge #235 Peggy Foster / Beatrice Foster Cheryl Hendricks 3535 E McKinley Ave 3425 Sorin St 704 Patterson South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 52017742 Tax Key # 018 5184 6970 Tax Key # 018 5184 7011 Armand Jr. & Dorothy Murat Willie J Hall Remzo & Sevala Pucar 11219 Anderson Rd 625 N Hickory Rd 3622 Sorin St Granger, IN. 46530 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5201773901 Tax Key # 018 5184 6942 Tax Key # 018 5184 6941 Jonathan Niemiec Debra Landis Thi Tan Nen & Ta Ky Chau 3607 Sorin St 3525 E Sorin St 3513 Sorin St South Bend, IN. 46615 South Bend, IN. 46615 Sout Bend, IN. 46615 Tax Key # 018 5184 6946 Tax Key # 018 5184 6945 Tax Key # 018 5184 6943 Alan & Sandra Fisher Betty Hertel Vi Van Pham 706 Whithall Dr 3422 Sorin St 6528 Armstrong Or South Bend, IN. 46615 South Bend, IN. 46615 South Send, IN. 46614 Tax Key # 018 5184 6968 Tax Key # 018 5184 6932 Tax Key # 018 5184 6931 Adnan Basic Terry & Gary Hogman City of South Bend 3410 Sorin St Sherry Wise 1200 County City Bldg South Bend, IN. 46615 19063 E Prentice Cir South Bend, IN. 46601 Tax Key # 018 5184 6930 Aurora, CO. 80015 Tax Key # 018 5184 6926 Tax Kev # 019 5184 6929 r Rachel Dendiu Michael Poettgen Brian Cedergren 1017 Beloit Ave 3510 E Sorin St 3504 Sorin St Forest Park, IL. 60130 South Bend, IN. 46635 South Bend, IN. 46615 Tax Key # 018 5184 6936 Tax Key # 018 5184 6935 Tax Key # 018 5184 6934 Annabelle Buckley John & Louise Muszer Alonzo & Rosita Wynns 3428 Sorin St 3519 Sorin St 1634 E Harwood St South Bend, IN. 46615 South Bend, IN. 46615 Orlando, FL. 32803 Tax Key # 018 5184 6933 Tax Key # 018 5184 6944 Tax Key # 018 5184 6948 TTuyen Vu Nlemiec Investmenst Inc Gary Browning 711 N Hickory Rd 3607 Soriin St 711 Whitehall Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5184 6949 Tax Key # 018 5184 6947 Tax Key # 018 5184 6971 Curtis Brandon Pin Oak Apartments LP - Anna St. John 3413 Sorin st 1051 Perimeter Dr. Ste.550 714 Whitehall Dr South Bend, IN. 46615 Schaumburg, IL. 60173 South Bend, IN. 46615 Tax Key # 018 5184 6969 Tax Key # 016 20581939 Tax Key # 018 5184 6967 Filed In Clerk's office APR 06 Zui5 IN v Uanch, l /arnear 4& Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects . Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of March 26, 2015 South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for 605 North Hickory Road, South Bend, Indiana 46615; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located at 605 North Hickory Road, South Bend, Indiana 46615 to the PUD Planned Unit Development District. This requested Rezoning would allow for the approval of a mixed Commercial Use development that will also allow for outside storage. The proposed site improvements would include the renovation of the existing structure to allow for the inside climate controlled storage and a mix for commercial uses. There is also area set aside on the property for future commercial development and mini - storage facilities. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use neighborhood along this portion of the Hickory Road commercial corridor. 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, Inc. APR 00 2015 JOHN YOORDE CITY CLERK, SOUTH BEND, IN ORDINANCE NO. AN ORDINTANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2212 MISHAWAKA AVE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT IT IS WITH INTENT TO CONDUCT BUSINESS OF THE ABOVE LOCATION AS A TATTOO AND BODY PIERCING FACILITY TO ]'HE CITY OF SOUTH BEND INDIANA AND ITS SURROUNDING AREA. follows: NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as 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: THE WEST 40' OF THE EAST 80' OF LOTS 31 AND 32 OF RIVER PARK ADDITION. be and the same is hereby established as LB Local Business District SECTION II. That a Special Exception for 2212 mishawaka ave in a LB Local Business District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. 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 publication. Member of the Common CoudVcil Attest: �,�li�" of th b,� is et 1y y�y, ft 1� .�a .,,,� dy 1 CGaW 8WM R W l'- City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at --o'clock .m. Approved and signed by me on the day of m. I st READING PUBLIC HEARING 3 rd READING NOT APPRQYJU P.ErERRM y� PASSO, ' .; i City Clerk day of 20, at o'clock Mayor of the City of South Bend, Indiana Filed In Clark's Office ,..w i 2016 _ JOHN V0004DE CITY CLEM SOUTH BEND, IN PETITION FOR A COMBINED PUBLIC HEARING 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: 2212 Mishawaka Ave, South Bend IN 46615 2) The property Tax Key Number(s) is /are: 018 -6032 - 0972 018 -6032 -0971 3) Name and address of property owner(s) of the petition site: New Paris Development Co. LLc 2020 Elkh art Rd Goshen, IN 46526 574 -534 -7.368 ChelseaLi534rent.net Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E -Afail Address 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 N/A To: LB Local Business District 6) This rezoning is requested to allow the following use(s): The specified location will conduct business as it Tattoo and Body Piercing facility. The property will contain I restrooni facilty, 2 closed room office spaces, a large common area to conduct business of tattooing, I closed room for body piercing, and the rest of the space will be utilized for storage of supplies. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: 1. From the required 12 parking .spaces to zero. 2. fi ront the required 500' .separation from a religious use to 20'separation. 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: All certifications, licenses, and regulations will be niet to conduct business. It is the desire of the owner of the business to have a welcoming atmospltere mid a fiimily oriented business. To provide increaselprosperity to surrounding businesses within the River Park District. (b) 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: The Tattoo and Body Piercing facility will only conduct business within the designated space of 2212 Mishawaka Ave. Owners and operators will limit all operations to this designated space as to not interfier with surrounding businesses and property. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The application of the teams of the Ordinance world not result in difficulties but would allow the ability to ccndnct business as desired and to allow the freedom of other businesses in the future to take place and expand in the River Park District. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Insert test 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: It is our intention to run business as a family oriented business. To provide an environment.for all within the community to feel comfortable in an envirorunent that might not have been in the past. It is our intention to welcome the community and to provide service that is oriented around their needs and satisfaction. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: It is our intention to only better the community and to aid in the success of the adjacent area through increasing property value through exterior appearance and through the increase in overall customer base. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Will aid in improving the visual appearance of businesses wltlairr the River Park District. It is also intended that with the proposed use there will be an increase of business rovithin the area to aid in .stability to surrounding businesses. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use will abide br all regulations and requirements required by law ro conduct business as indicated as a Tattoo and Body Piercing Parlour. 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) 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: ,Nathan Rivers 53020 Woodrraar Dr Granger, IN, 46530 765- 543-1453 nathan.d.rivers @q gmail.com Signature(s) of all Woperty ow signature of Attorney for all property owner(s): EFIledin rks offJIN 7 2015 JOHN UTH END, EXHIBIT "E" LIMITEDTOWER OF ATTORNEY ,by these presents, that I, LJ 1.1 & hA-0-4� a resident of CIO,. ('1 „ ; (Li l n+ County, State of- do hereby appoint UhTIUAA i V of , City of State.of to be0our true and lawful attorney -in fact with' full:potver:in our Inam.e and,stead'for:and on our behalf to represent I b(C wl Bug iIu.SS (0`.in .47. Ilv d: before the Zoning and Annexation Committee and/or the Common Council of the City. of South Bend, Indiana, for the purpose of representing us on the pending zoning petition and to answer any and all questions thereon. I hereby ratify all that my said attorney -in -fact shall lawfully due or cause to be done by virtue hereof, Aj2ki In Witness Whereof 20I h avve hereunto set my hand and seal this LP. day of Signature STATE OF )SS: � 11< 6. a County ) Before me, the undersigned, a Notary Public. in and for said County and State, came N2 s 1 Gk 1 Jt r and acknowledged the execution of the above Limited Power of At omey. Witness my hand and official seal this % � day of 6* r i 1 20_L5. My Commission Expires: /),cAV S3 E% I J Sj$RSinC{I �rL6.. ?dP ! Resident of County Printed amp O o "W1i3w (Seal) Filed in Clark's Office APR, - 7 V15 JOHN 60SIM CITY CL.EM, EQiITFt UNIa, IN Ord Nos 9995 -04 PRELIMINARY SITE PLAN REQUIREMENTS A. Tabulated (listed) Data (.Note: diva are for ilhusiradve purposes an N) 1. LAND COVERAGE AREA _ % OF TOTAL AREA Total: 1.75 acres 76,230 sf 100% a. buildings (ground floor only) 20,000 sf 26 %n b. parking & loading, and drives 33,361 sf 44% c. open space (yards, landscaping, etc) 22,869 sf 30% 2. Proposed land uses & floor area (e.g. bank, retail shopping center, office, pizza.parlor, apartments) USE FLOOR AREA % OFT FLOOR AREA BUILDING HEIGHT a. Office 5,000 sf 25% 1 story; 35' b. Retail 5,000 sf 25% 1.5 story; 40' c. Restaurant 10,000s 50% 1 story; 32' Sub -Total 20,000 sf 100% d. Residential HEIGHT # OF UNITS BEDROOMS /UNIT TOTAL BEDROOMS building 1 3 -story / 40' 10 2 20 building 2 5 2 10 building 3 5 1 5 building 4 2 -story / 30' 8 3 24 Sub -Total 28 e. Estimated population; Project Density 59 3. Parking ratios per use as required by ordinance, and number of spaces to be provided. B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities. C. Name, address and phone number of engineer, surveyor, owner /developer, and landscape architect. D. Mapped Information (drawn to scale) 1. North arrow, written and graphic scale, date. 2. Boundaries of property with dimensions. 3. Location of buildings, uses and easements. 4. Location and composition of open spaces, landscape planting areas and buffer strips. 5. Location of parking and loading areas, entry and exit drives. 6. Abutting public and private streets. 7. Building and parking setbacks. 8. Location, height, size and type of sign(s). 9. Topography and other natural features. 10. Sanitary, storm sewer, and public water connections; or, private well and septic system locations. NOTE: additional information may be required during the review process so that the Commission can make an informed decision. Filed ais �i A"k V. I ? 3 IN 2214 -2216 Mishawaka Ave 300ft VARIANCE 018 - 6032 -0978 71 -09 -17 -102- DENMAN 923 S 23rd St South Bend IN 46615 018.000 -026 PAULETT 018- 6032 -0967 71 -09 -17- 102 - KENT 15398 Granger IN 46530 007.000 -026 KENNETH L JR Roscommon Ln 018- 6032 -0942 71 -09 -17 -101- 20 20 DENTAL 965 Heathrow Avon IN 46123 002.000 -026 REAL ESTATE Lane LLC 018 - 6032 -0976 71 -09 -17 -102- ZONCICK 917 S 23rd St South Bend IN 46615 016.000 -026 PATRICK L 018- 6062 -2131 71 -09 -08 -357- SUMRINDER 33048 41st Lane Federal Way W 98001 014.000 -026 LLC S. A 018- 6061 -2101 71 -09 -08 -356- SOUTHLAND Po Box 711 Dallas TX 75221 012.000 -026 CORPORATION 018- 6062 -2145 71 -09 -08 -357- ALLICO 10636 Brems Ct Osceola IN 46561 025.000 -026 PROPERTY MANAGEMENT LLC 018 - 6032 -0936 71 -09 -17 -101- NATIONAL OIL 409 North Main Bluffton IN 46714 001.000 -026 & GAS INC St 018- 6032 -0980 71 -09 -17 -102- C BASS 1661 West Palm Beach FL 33409 020.000 -026 MORTGAGE Worthington Rd LOAN ASSET Ste 100 BACKED CERTIFICATES W US BANK NATIONAL ASSOCIATION AS TRUSTEE 018- 6062 - 2132 71 -09 -08 -357- CITY OF SOUTH 227 W Jefferson South Bend IN 46601 013.000 -026 BEND Blvd 018 - 6032 -0983 71 -09 -17 -102- DAVIS KESSIE 937 South 23rd South Bend IN 46615 023.000 -026 AND MARILYN St JT FOR JLRTST 018 - 6032 - 096301 71 -09 -17 -102- PRATT 938 S Ironwood South Bend IN 46615 011.000 -026 NORMAN E Dr AND BARBARA A 018- 6032 -0964 71 -09 -17 -102- JACOBS 928 S Ironwood South Bend IN 46615 010.000 -026 NORMA J AND JACOBS HERRELL LAURA JTWROS NOT AS TIC 018- 6032 -0981 71- 09 -17- 102 - THOMAS RYAN 931 S 23rd St South Bend IN 46615 021.000 -026 O Page l of 3 018 - 6032 -0945 71 -09 -17 -101- MCCROVrrZ 621 Broadway Chesterton IN 46304 005.000 -026 ANTHONY M & AMANDA M 018- 6032 -0979 71 -09 -17 -102- SBRR LLC PO BOX 766 South Bend IN 46601 Page ? of 3 019.000 -026 018- 6032 -0965 71 -09 -17- 102 - KENT 15398 Granger IN 46530 009.000 -026 KENNETH L JR Roscommon Ln 018- 6061 -2113 71 -09 -08 -356- WILSON 837 S 23rd Street South Bend IN 46615 022.000 -026 ANTHONY AND REBECCA 018 - 6062 -2128 71- 09 -08- 357 - WISNIEWSKI 840 23RD Street South Bend IN 46615 010.000 -026 MICHAEL T & CHRISTINE L 018- 6061 -2099 71 -09 -08 -356- TRETHEWEY 838 S Ironwood South Bend IN 46615 010.000 -026 BRADLEY J 018 - 6034 -1033 71 -09 -17 -103- RIVER PARK 920 S 23rd South Bend IN 46615 002.000 -026 METHODIST CHURCH 018- 6032 -0975 71 -09 -17 -102- KLUSZCZYNSKI 913 S 23rd St South Bend IN 46615 015.000 -026 JAMES M & MARGARET E 018- 6032 -0982 71 -09 -17 -102- FAIN AUBREY 1528 Renfrew Dr. South Bend IN 46614 022.000 -026 018- 6032 -0944 71 -09 -17 -101- HUDSON HUEY 1919 S South Bend IN 46613 004.000 -026 L Twyckenham 018- 6032 -0977 71 -09 -17 -102- PATTERSON 921 S 23rd St South Bend IN 46615 017.000 -026 PATRICK D & AMY SEE NOTES 018 - 6032 -0966 71 -09 -17- 102 - KENT 15398 Granger IN 46530 008.000 -026 KENNETH L JR Roscommon Ln 018 - 6032 -0943 71 -09 -17 -101- JANOWSKI 923 S Ironwood South Bend IN 46615 003.000 -026 JOSEPH L AND HELEN D 018 - 6032 -0968 71 -09 -17 -102- YOUNG 1441 Northside South Bend IN 46615 006.000 -026 DANIEL L & Blvd JOHN J NURKOWSKI 018 - 6032 -0972 71- 09 -17- 102 - NEW PARIS 2020 Elkhart Rd Goshen IN 46526 004.000 -026 DEVELOPMENT ste D COMPANY LLC 018 - 6032 -0971 71 -09 -17- 102 - NEW PARIS 2020 Elkhart Rd Goshen IN 46526 003.000 -026 DEVELOPMENT ste D COMPANY LLC 018- 6032 -0970 71 -09 -17 -102- BONNELL 2004 Eastwood Mishawaka IN 46545 002.000 -026 GARY L & Circle EMILY E Page ? of 3 018- 6032 -0969 71 -09 -17 -102- CATALDO 2610 Prairie Ave South Bend IN 46614 001.000 -026 BRUNO 018- 6032 -0973 71 -09 -17 -102- SB 20317 New Road South Bend IN 46614 014.000 -026 INVESTMENT 018 - 6032 - 097201 71- 09- 17 -102- 005.000 -026 018- 6062 -2130 018 - 6062 -2129 018 - 6061 -2114 018 - 6061 -2100 018- 6061 -2089 018- 6061 -2112 018 - 6061 -2098 018 -6034 -1031 71- 09- 08 -357- 012.000 -026 71- 09- 08 -357- 011.000 -026 71- 09- 08 -356- 023.000 -026 71- 09- 08 -356- 011.000 -026 71- 09- 08 -355- 010.000 -026 71- 09- 08 -356- 021.000 -026 71- 09- 08 -356- 009.000 -026 71- 09- 17 -103- 001.000 -026 HOLDINGS LLC NEW PARIS 2020 Elkhart Rd Goshen DEVELOPMENT ste D COMPANY LLC SOUTH BEND 2917 Mishawaka South Bend REAL ESTATE 4 Ave LLC LAMBERT ERIC 842 23rd Street South Bend KANOFF BRYAN A & RACHEL E & MILLER DAVID D & SHARON L jr W /FRGS STANTE DONALD D IRONWOOD MISHAWAKA LLC SCHROCK REBECCA ARKAD PROPERTIES LLC JASON ADAM LLC 1609 Westbrook Greenwood Dr. Apt F1 IN 46526 IN 46615 IN 46615 SC 29649 53123 St. Abbs Ct South Bend IN 46635 200 W Madison Chicago IL 60606 St #4200 833 S 23rd St South Bend IN 46615 309 S Logan St South Bend IN 46615 2302 Mishawaka South Bend IN 46615 Ave Pago 3 of 3 Filed iP C;Ark's dflice APR,�1 JORN CITYCLERK, E04l1'va ;BEND, IN ;| ` b \\ � RR! 0 Ln �\\ ! |,| /G \ \/ \\ .. r I v .t _ �r .+.= . IL A sett s� 'tj „yy, x� �4 `1 N y J4 f O ^«r y.. r � a_$ v t F � 4 ONN G � ± 3 ¥ / _ e :-5 /»J2/ LC21�����'~ 2 f O } f ! 2 ( 7 \ a j /»J2/ LC21�����'~