goshen redevelopment commission nov. 12, 2014

GOSHEN REDEVELOPMENT COMMISSION AGENDA FOR THE REGULAR MEETING OF NOVEMBER 12, 2014

The Goshen Redevelopment Commission will meet on November 12, 2014 at 4:00 p.m. in the City Court Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana. 1. CALL TO ORDER/ROLL CALL

2. APPROVAL OF MINUTES

Regular Meeting Minutes of October 14, 2014 Special Meeting Minutes of October 28, 2014

3. APPROVAL OF REGISTER OF CLAIMS Register of Claims for November 12, 2014

4. PRESENTATION Umbaugh Annual Report – Jason Semler, H.J. Umbaugh & Associates

5. UNFINISHED BUSINESS a. Resolution 103-2014 – Approve Funding Commitment for the 9th Street Trail from College Avenue to

Purl Street b. Resolution 109-2014 – River Race / US 33 TIF 5 Year Plan Approval c. Resolution 110-2014 – Southeast TIF 5 Year Plan Approval d. Resolution 111-2014 - Ratify Execution of a Contract for Asbestos Assessment with TecServ

Environmental, Inc. for 301, 303, 305 & 307 S. Third Street e. Discussion – Northwest Bike Trail Route

6. NEW BUSINESS

a. Resolution 112-2014 – Approve and Authorize Execution of Change Order #2 with C & E Excavating for River Race Drive

b. Discussion – Redevelopment Commission 2015 Meeting Schedule

7. MONTHLY REDEVELOPMENT STAFF REPORT

8. OPEN FORUM The open forum is for the general discussion of items that are not otherwise on the agenda. The public will also be given the opportunity at this time to present or comment on items that are not on the agenda.

9. ANNOUNCEMENTS

a. Millrace Canal Maintenance Public Meeting – November 13, 2014 at 7:00 p.m. at Schrock Pavilion b. Next Redevelopment Regular Meeting – December 9, 2014 at 4:00 p.m.

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GOSHEN REDEVELOPMENT COMMISSION

MINUTES OF THE REGULAR MEETING HELD OCTOBER 14, 2014

CALL TO ORDER/ROLL CALL The Goshen Redevelopment Commission met in a regular meeting on October 14, 2014 at 4:00 p.m. in the City Court Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana. The meeting was called to order by President Thomas Stump. On call of the roll, the following members of the Goshen Redevelopment Commission were shown to be present or absent as follows: Present: Laura Coyne, Thomas Stump, Jeremy Stutsman, Vince Turner and Brett Weddell Absent: Cathie Cripe APPROVAL OF MINUTES A motion was made by Commissioner Turner and seconded by Commissioner Stutsman to approve the minutes of the September 9, 2014 regular meeting. The motion was adopted unanimously. APPROVAL OF REGISTER OF CLAIMS A motion was made by Commissioner Coyne and seconded by Commissioner Stutsman to approve payment of the Register of Claims totaling $561,999.05. The motion was adopted unanimously. PRESENTATIONS Goshen Pond Dredging Presentation –ERRA Bill Reith provided the Commission with handouts and introduced Dave Troup, President of ERRA, who introduced Milt Thomas, Bill Reith and Gordon Lord, several ERRA Board Members who were also in attendance. Mr. Troup gave a history of the project and explained the handouts. The estimated budget is just over $2,000,000, of which they are seeking participation from Redevelopment in the amount of $450,000, which can be a lump sum amount or spread out over a period of years. Commissioner Weddell inquired whether the project is worthy of 35% funding from the City of Goshen. Mr. Reith explained the Millrace could be a compromised asset if this one time dredging project does not move forward. They have commitments for state monies and private monies, however, the County and the Community Foundation are awaiting to hear what the Redevelopment Commission will do before they commit funding. Commissioner Coyne inquired about the current canal issues. Becky Hershberger, Brownfields Coordinator, stated the City has recently been made aware of a breach, for which there will be associated cost in the near future. Commissioner Stutsman informed the group that he would prefer to discuss the funding request with Mark Brinson and Larry Barkes since the redevelopment funds are tight based on the projects currently in progress. Commission President Stump indicated that since the last time the ERRA presented the project to the Commission, there have been some setbacks with the Redevelopment budgets and cash flow is now an issue. He also inquired if any property owners had voiced opposition due to harming the wetlands and wildlife, to which the group responded just one resident had issues.

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Goshen Historical Society Powerhouse Exhibit – John Hertzler, Historical Society John Hertzler informed the Commission Goshen Historical Society wishes to put a permanent display in the Powerhouse along the wall. They are requesting a green light to develop a display with the Commission’s permission. No one on the Commission objected. UNFINISHED BUSINESS

a. Resolution 103-2014 – Approve Funding Commitment for the 9th Street Trail from College Avenue to Purl Street

Mary Cripe, City Civil Engineer, explained this is on the Agenda to make sure the Commission is fully aware that the Civil City has no funding available for this project. She explained the federal funding process of local funding providing 100% up front, then receiving 80% reimbursement for design engineering, right of way and construction inspection, but only providing 20% funding of construction. Reimbursement of the 80% may take up to 6 months. Larry Barkes, City Attorney, informed the Commission the concern is cash flow and funding 100% of the costs up front may be an issue. At the time Engineering applied for the federal funds, the Commission had only committed to fund the 20% design engineering, not the entire project. Mary Cripe told the Commission there may be other project opportunities for federal funds, like when State Road 4 becomes a City Street, which will be discussed later in the meeting. Commissioner Stutsman asked Mary if she was saying it may be smart to pull the plug on this project and focus on another project, to which she replied the decision on the 9th Street Trail project can be delayed. Commission President Stump indicated if the Commission needs to delay or eliminate anything, this would be the project he would eliminate. Larry Barkes informed the Commission that staff had been considering a work session or special meeting to address the three items at the end of the agenda and to address the funding issues to assist in deciding what to do with all of these matters. A motion was made by Commissioner Stutsman and seconded by Commissioner Weddell to table Resolution 103-2014 until the November meeting. The motion passed unanimously.

b. Resolution 104-2014 – Authorize Issuance of RFP for 324 S. Fifth Street, 211 E. Madison Street and 323 S. Sixth

Street Larry Barkes informed the Commission the RFP has been designed so that proposals could be submitted for one, two or all three properties. Proposals are due by December 9th, 2014. If no qualifying proposals are received, an additional 30 days will be allotted for the receipt of additional proposals. A motion was made by Commissioner Stutsman and seconded by Commissioner Weddell to approve Resolution 104-2014. The motion passed unanimously.

c. Discussion – Railroad Crossing Safety Improvements Funding

Mary Cripe informed the Commission there was a memo in the packet and offered to answer any questions. She said basically she just wanted to make the Commission aware there is potential for the project to run higher than previously expected, however she does not feel it will go any higher than the $35,448.48 estimated. Commission President Stump expressed his ½ objection to this kind of idea – if the commitment to spend money is going to be made, he wants to know the amount of that commitment. The remaining Commission members did not have any objections. A Resolution will be brought before the commission for approval at the November meeting.

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d. Discussion – Northwest Bike Trail Route Options

Mary Cripe read her memo to the Commission and explained that, at this point in time and with the funding amounts involved, it makes sense for the trail route to go along the old CR 17. Commission President Stump indicated his objection to this route because the soil conditions are bad for any sort of trail there. Mary Cripe agreed and indicated that a boardwalk may need to built to accommodate the bike trail. Commissioner Weddell asked if the cost could then exceed the amount DLZ quoted, to which Mary responded yes. He indicated he would be leery to make a commitment to move the trail to old CR 17 since there isn’t a true cost estimate and because of issues with the County and asked what about the County funding this portion of the bike trail? Mary Cripe indicated she needs direction what the route is going to be so she can move forward with the next steps.

e. Discussion – 405 S. Third Street Status Becky Hershberger informed the Commission the insurance investigation has been completed. Salem Insurance has offered $80,736.99 with no commitment to restore, demolish, etc. If the Commission decides to restore the property, Salem would offer at additional $16,848.88 to the $80,736.99, for a total settlement of $97,585.87. There were no objections to accepting the $80,736.99 and demolishing the house.

f. Discussion – Electrical Service Extension at 315 W. Washington Street Becky Hershberger reminded the Commission that, as part of the Lease Agreement with Goshen Brewing Company, the Commission agreed to fund up to $20,000.00 to extend electrical service to the NIPSCO Building. Goshen Brewing Company has expended just over $18,000.00 for which a claim will be submitted for approval at the next meeting.

NEW BUSINESS a. Resolution 105-2014 – Authorize Negotiation and Execution of a Contract for Asbestos Assessment with TecServ

Environmental, Inc. for 301, 303, 305 & 307 S. Third Street Becky Hershberger informed the Commission three quotes were requested and TecServ Environmental submitted the lowest quote. A motion was made by Commissioner Turner and seconded by Commissioner Weddell to approve Resolution 105-2014. The motion passed unanimously.

b. Resolution 106-2014 – Approve and Authorize Execution of a Bridge and MSE Wall Location Memo of

Understanding (MOU) between INDOT, Norfolk Southern Railways and the City of Goshen for the Marion Branch Curve Realignment Project Larry Barkes explained the MOU is a conceptual outline of a future agreement, however, he is requesting they amend the Resolution to add “provided Exhibit A is referenced in the body of the Understanding in a manner that limits the City’s commitment to the acquisition of 117 S. 9th Street and 119 S. 9th Street and the demolition of three (3) houses”. A motion was made by Commissioner Stutsman and seconded by Commissioner Weddell to amend the Resolution with the language as provided by Mr. Barkes. The motion passed unanimously. A motion was made by Commission Turner and seconded by Commissioner Stutsman to approve Resolution 106-2014, as amended. The motion passed unanimously.

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c. Resolution 107-2014 – Authorize Negotiation and Execution of an Agreement with Aquatic Weed Control for

Millrace Canal Vegetation Maintenance Becky Hershberger explained the weeds in the canal are worse this year because the canal has not been drained and they are slowing down the flow of the canal. She explained the handout of a contract for services from Aquatic Weed control for treating the shoreline plants this fall in the amount of $1,500.00. There will be another treatment in the spring for submerged weeds. The spring treatment would cause the flow to be stopped for 30 days, then released. Commissioner Stutsman stated he had received several calls from concerned neighbors along the canal who requested input before the treatment takes place due to concerns regarding the chemicals. Becky Hershberger stated that the City fully intends to have public meetings prior to the spring treatment to address any concerns. He objected to moving forward with the Fall 2014 treatment. A motion was made by Commissioner Turner and seconded by Commissioner Coyne to table Resolution 107-2014 indefinitely. The motion passed unanimously.

d. Resolution 108-2014 – Consent to Assignment of Agreement for the Lease and Development of Real Estate at 315

W. Washington Street by Goshen Brewing Company to 1st Source Bank Larry Barkes explained the Assignment to the Commission. A motion was made by Commissioner Stutsman and seconded by Commissioner Coyne to approve Resolution 108-2014. The motion passed unanimously.

e. Discussion – Updated Consolidated River Race / US 33 TIF 5 Year Plan

Larry Barkes stated these next three discussion items are the ones referenced earlier in the meeting for which a work session or special meeting may be appropriate. The Commission agreed.

f. Discussion – Updated Consolidated Southeast TIF 5 Year Plan See above.

g. Discussion – Federal Funding Opportunities Mary Cripe briefly explained the potential for federal funding for a project on Lincoln Avenue in the River Race / US 33 TIF and on Kercher Road in the Southeast TIF.

REPORTS a. Monthly Redevelopment Staff Report

Commissioner Weddell inquired whether the townhome and co-housing developments had gone before the Planning Commission yet. Becky Hershberger replied they had not due to construction delays. He also inquired about the status of the downtown vaults project. Dustin Sailor replied there are still a couple vaults to be addressed yet. He also inquired about the status of the Powerhouse Lease, to which Becky Hershberger replied they are paying rent monthly and Larry Barkes indicated there are no contractual obligations on their part for some time yet.

OPEN FORUM No one from the public spoke during the Open Forum.

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ANNOUNCEMENTS The next regular meeting is scheduled for Wednesday, November 12, 2014 at 4:00 p.m. ADJOURNMENT The regular meeting was adjourned at 5:50 p.m. APPROVED on November 12, 2014.

Goshen Redevelopment Commission Thomas W. Stump, President Jeremy P. Stutsman, Secretary

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MINUTES OF THE SPECIAL MEETING HELD OCTOBER 28, 2014

CALL TO ORDER/ROLL CALL The Goshen Redevelopment Commission met in a special meeting on October 28, 2014 at 4:00 p.m. at the Abshire Cabin at Abshire Park, 1302 E. Lincoln Avenue, Goshen, Indiana. The meeting was called to order by President Thomas Stump. On call of the roll, the following members of the Goshen Redevelopment Commission were shown to be present or absent as follows: Present: Laura Coyne, Thomas Stump, Jeremy Stutsman, Vince Turner and Brett Weddell Absent: Cathie Cripe UNFINISHED BUSINESS

a. Discussion – Updated Consolidated River Race / US 33 TIF 5 Year Plan

Mark Brinson, Community Development Director, explained the Estimated Annual Cash Balance / Deficit spreadsheet for this TIF area. This spreadsheet included Umbaugh’s projected TIF increment revenues, administrative expenses, bond and loan obligations and the projects listed on the 5 year project funding plan spreadsheet through 2019. Mark also explained the list of potential projects not included in the 5 year project funding plan, which list was not in any ranking order. Becky Hershberger, Brownfields Coordinator, explained the projects and estimated costs listed on the 5 year project funding plan spreadsheet. The Commission considered removing the 9th Street Pedestrian Trail from the 5 year project funding plan, however, after further discussion, the project remained on the plan since the local funding amounts were minimal. However, the Commission did agree to delay a portion of the right of way acquisition funding from 2015 until 2016 for the Steury Avenue/Lincoln Avenue Drainage Improvements project and delay the construction funding from 2015 until 2016 for the 9th Street Stormwater Improvements project. The Commission also agreed to move up the construction funding from 2016 to 2015 for the Millrace Canal Levee Repairs and added additional funding for construction in 2019 for this project. Due to funding constraints, the Commission agreed to remove the Lincoln Avenue Reconstruction from the Railroad to 29th Street project from the 5 year project funding plan and include it in the list of projects not included in the plan. The Commission also agreed to remove the Goshen Pond Dredging project from the list of projects not included in the plan. The Commission also agreed to remove the Addressing Water Pressure and Water Quality in East Goshen from the list of project not included in the plan since it will may be addressed in the Lincoln Avenue Reconstruction project.

b. Discussion – Updated Southeast TIF 5 Year Plan Mark Brinson explained the corrected Estimated Annual Cash Balance / Deficit spreadsheet for the Southeast TIF area which was distributed to the Commission at the meeting. This spreadsheet included Umbaugh’s projected TIF increment revenues, administrative expenses, bond and loan obligations and the projects listed on the 5 year project funding plan spreadsheet through 2019. Mary Cripe, City Civil Engineer, informed the Commission that once the property acquisition phase is complete the for the Intersection Improvements at Kercher Road and State Road 15, that project will be shelved since there is no funding for

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the construction phase of the project. Mary also informed the Commission that other funding sources have been secured for the completion of the Kercher Road Reconstruction from the Railroad to Dierdorff project. The Commission agreed funding is constricted in the Southeast TIF area and there is no funding available for any further projects outside the 5 year project funding plan at this time.

c. Discussion – Future Federal Funding Opportunities

The Commission agreed to delay the submission of the grant application for Federal funding for the Lincoln Avenue Reconstruction from the Railroad to 29th Street Project at least one year and agreed to revisit the request at that time. The Commission agreed to delay the submission of the grant application for Federal funding for the Kercher Road from Dierdorff Road to Firethorn Drive Project at least one year and agreed to revisit the request at that time.

ANNOUNCEMENTS It was announced that the next regular meeting is scheduled for Wednesday, November 12, 2014 at 4:00 p.m. ADJOURNMENT The special meeting was adjourned at 5:40 p.m. APPROVED on November 12, 2014.

Goshen Redevelopment Commission _______________________________________ Thomas W. Stump, President _______________________________________ Jeremy P. Stutsman, Secretary


November 12, 2014 Register of Claims The Goshen Redevelopment Commission has examined the entries listed on the following

Expenditure Report for claims entered from October 10, 2014 through November 7, 2014

and finds that such entries are allowed in the total amount of $420,528.66.

APPROVED on November 12, 2014.

Goshen Redevelopment Commission Laura Coyne Thomas W. Stump Jeremy Stutsman Vince Turner Brett Weddell

GOSHEN REDEVELOPMENT COMMISSIONItemized Expenditure Report

Claims from 10/10/14 through 11/7/14

Invoice Date Payee Description Line Number AmountClaim #

480-560-00-439.0930 $210.7410/13/2014 V & S Inc. Recycled concrete for temporary tenant parking - 3rd St 1576480-560-00-431.0502 $1,000.0010/15/2014 Farrington Appraisals Commercial Appraisal - 211 E. Madison Street 1574406-560-00-413.0100 $353.2610/16/2014 Goshen, City of (for Redevelopment Payroll) FICA 1575406-560-00-413.0501 $1,310.0010/16/2014 Goshen, City of (for Redevelopment Payroll) Health Insurance 1575406-560-00-413.0200 $82.6210/16/2014 Goshen, City of (for Redevelopment Payroll) Medicare 1575406-560-00-413.0300 $638.1510/16/2014 Goshen, City of (for Redevelopment Payroll) PERF 1575406-560-00-411.0130 $5,697.7310/16/2014 Goshen, City of (for Redevelopment Payroll) Wages 1575473-560-00-441.0000 $2,195.0010/16/2014 Samuel Zepeda and Sharon R. Zepeda Property Acquisition - South Link Road 1573406-560-00-433.0000 $48.0010/17/2014 Indiana Media Group Advertising - Madison Street Properties RFP 1585473-560-00-441.0000 $30,550.0010/17/2014 Lake City Bank Property Acquisition - Kercher Road/State Road 15 1577324-560-00-438.0202 $131,827.5010/20/2014 Bank of New York Mellon Trust Company, NA (053 Interest - Tax Increment Revenue Bonds of 2008 1582324-560-00-438.0102 $110,000.0010/20/2014 Bank of New York Mellon Trust Company, NA (053 Principal - Tax Increment Revenue Bonds of 2008 1582473-560-00-431.0502 $12,048.8510/22/2014 American Structurepoint, Inc. (03093) Kercher Road Reconstruction from RR to Dierdorff 1581480-560-00-431.0502 $420.0010/22/2014 American Structurepoint, Inc. (03093) Marion Branch - Quiet Zone 1581480-560-00-431.0502 $1,416.8610/22/2014 Indiana Department of Transportation Railroad Crossings Safety Project - PE expenses 1583480-560-00-439.0930 $15.2510/27/2014 Goshen Water & Sewer (0204286) Utilities - 211 E. Madison Street 1580473-560-00-441.0000 $597.0010/28/2014 Mario Calderon and Leticia Calderon Property Acquisition - South Link Road - Relocation Ex 1579473-560-00-441.0000 $400.0010/28/2014 Dale J. and Lind J. Kovarik Property Acquisition - Kercher Road/State Road 15 Pro 1578480-560-00-431.0502 $9,600.0010/29/2014 Abonmarche (05859) Steury Avenue/Lincoln Avenue Roadway Reconstructio 1589406-560-00-432.0201 $68.0010/30/2014 Lake City Bank VISA USPS - Millrace Canal Meeting Postage 1593406-560-00-429.0002 $11.4310/30/2014 Lake City Bank Who's Your City? Book 1584480-560-00-439.0930 $76.0610/30/2014 NIPSCO (02-00014) Utilities - 324 W. Washington Street 1591406-560-00-413.0100 $353.2610/30/2014 Goshen, City of (for Redevelopment Payroll) FICA 1586406-560-00-413.0501 $1,310.0010/30/2014 Goshen, City of (for Redevelopment Payroll) Health Insurance 1586406-560-00-413.0200 $82.6210/30/2014 Goshen, City of (for Redevelopment Payroll) Medicare 1586406-560-00-413.0300 $638.1510/30/2014 Goshen, City of (for Redevelopment Payroll) PERF 1586406-560-00-411.0130 $5,697.7310/30/2014 Goshen, City of (for Redevelopment Payroll) Wages 1586

Friday, November 7, 2014 Page 1 of 2

Invoice Date Payee Description Line Number AmountClaim #

473-560-00-441.0000 $17,300.0010/30/2014 Winchester Trails Community, LLC; Huntington Ba Property Acquisition - South Link Road 1587480-560-00-439.0930 $26.8610/31/2014 NIPSCO (02-00014) Utilities - 211 E. Madison Street 1591480-560-00-431.0502 $1,718.8311/1/2014 Stiver's Lawn Care (02-06577) Redevelopment Property Mowing 1596480-560-00-442.0000 $1,966.2111/3/2014 Elkhart County Landfill River Race Drive - Landfill Charges 1595473-560-00-441.0000 $67.0011/4/2014 Barkes, Kolbus, Rife & Shuler, LLP (00311) Reimburse Federal Express Expense for Weaver Closi 1590480-560-00-431.0502 $10.0011/4/2014 Barkes, Kolbus, Rife & Shuler, LLP (00311) Reimbursement for Sales Disclosure - Schrock Closing 1600480-560-00-431.0502 $4,692.0011/4/2014 Leeper Land Management Native Landscaping Maintenance and Training 2014 1594473-560-00-431.0502 $9,000.0011/5/2014 Jones Petrie Rafinski Corp. South Link Road - Additional Design Engineering 1598473-560-00-431.0502 $26,189.5011/5/2014 Jones Petrie Rafinski Corp. South Link Road - Land Acquisition Services & Reimbu 1598473-560-00-431.0200 $2,356.5411/6/2014 Redevelopment Non-Reverting Operating Fund 2nd Quarter, 2014 Southeast TIF Salary Reimburseme 1597473-560-00-431.0200 $2,055.3511/6/2014 Redevelopment Non-Reverting Operating Fund 3rd Quarter, 2014 Southeast TIF Salary Reimburseme 1597480-560-00-431.0200 $19,758.6111/7/2014 Redevelopment Non-Reverting Operating Fund 2nd Quarter, 2014 RR/US 33 TIF Salary Reimburseme 1599480-560-00-431.0200 $18,739.5511/7/2014 Redevelopment Non-Reverting Operating Fund 3rd Quarter, 2014 RR/US 33 TIF Salary Reimbursemen 1599

Total: $420,528.66

Friday, November 7, 2014 Page 2 of 2

MEMORANDUM

TO: Redevelopment Commission FROM: Mary Cripe, P.E. RE: NINTH STREET TRAIL FROM COLLEGE AVENUE TO PURL STREET PROJECT NO. 2011-0052 DATE: October 1, 2014 The City received grant funding for the design, right-of-way, construction and construction inspection, with 80% Federal funding and 20% local funding. With the grant funding, the Redevelopment Commission would be required to pay 100% of the design, right-of-way, and construction inspection to the specific entity (like the design consultant), and then submit an INDOT-LPA Claim Voucher to INDOT for reimbursement of the 80% Federal funds. We are invoiced for the 20% of the construction costs, once the project is bid. Please see the table below with the preliminary estimates for each phase of the Ninth Street Trail project.

Phase Total CostFederal Funds (80%)

Local Funds (20%)

Comments

Design Engineering $190,000 $152,000 $38,000City pays 100% upfront, then reimbursed 80%.

Right-of-Way $50,000 $40,000 $10,000City pays 100% upfront, then reimbursed 80%.

Construction $910,000 $728,000 $182,000 City pays 20%.

Construction Inspection $90,000 $72,000 $18,000City pays 100% upfront, then reimbursed 80%.

TOTAL $1,240,000 $992,000 $248,000 At this time, the Redevelopment Commission needs to determine whether or not to commit to paying for 100% of the local costs associated with this Ninth Street Trail project. The various Civil City budget lines are tied up with various projects associated with the US 33 North Connector Route, US 33 from the Elkhart River to Third Street, Kercher Road from the Railroad to Dierdorff Road and the Wilden Avenue Reconstruction from the Rock Run Creek Bridge to Sixth Street, and Civil City does not have any additional funds to assist with this project at this time.

RESOLUTION 103-2014

Commitment to Fund Local Share Ninth Street Trail from College Avenue to Purl Street

WHEREAS the City of Goshen received grant funding for the design, right-of-way, construction and construction inspection for the Ninth Street Trail from College Avenue to Purl Street; and WHEREAS the grant funding provides for 80% federal funding and 20% local funding, however, the City must pay 100% of the design, right-of-way and construction inspection direct, then submit a claim voucher for reimbursement of the 80% federal funding; and WHEREAS the preliminary estimates for the 20% local funds total $248,000. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission commits to fund the local share of the Ninth Street Trail from College Avenue to Purl Street project. PASSED and ADOPTED on November 12, 2014. GOSHEN REDEVELOPMENT COMMISSION Thomas W. Stump, President Jeremy P. Stutsman, Secretary

RESOLUTION 109-2014

Approval of Consolidated River Race / US 33 TIF 5 Year Project Funding Plan

WHEREAS the Redevelopment Commission and Staff have compiled a 5 Year Project Funding Plan of the highest ranked projects for the Consolidated River Race / US 33 TIF area and have estimated the costs for those projects; and WHEREAS the Consolidated River Race / US 33 TIF 5 Year Project Funding Plan and related Estimated Annual Balance / Deficit spreadsheets are attached to and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves the Consolidated River Race / US 33 TIF 5 Year Project Funding Plan as attached to and made a part of this Resolution. PASSED and ADOPTED on November 12, 2014. GOSHEN REDEVELOPMENT COMMISSION Thomas W. Stump, President Jeremy P. Stutsman, Secretary

CONSOLIDATED RIVER RACE / US 33 TIF DISTRICT - 5 YEAR PROJECT FUNDING PLAN

ESTIMATED ANNUAL BALANCE / DEFICIT

2014* 2015 2016 2017 2018 2019

Prior Year End Estimated Cash Balance $4,297,542.72 $1,423,498.27 -$335,622.94 $149,054.10 $327,122.39 $1,472,396.93

Estimated TIF Revenues $922,178.67 $1,944,190.00 $1,944,190.00 $1,944,190.00 $1,944,190.00 $1,944,190.00

Estimated Total Funds Available $5,219,721.39 $3,367,688.27 $1,608,567.06 $2,093,244.10 $2,271,312.39 $3,416,586.93

Administrative Expenses $120,000.00 $120,000.00 $120,000.00 $120,000.00 $120,000.00 $120,000.00

Bond & Loan Obligations $648,997.12 $596,089.21 $596,512.96 $596,121.71 $594,915.46 $597,690.46

Estimated Project Costs $3,027,226.00 $2,630,222.00 $1,100,000.00 $794,000.00 $300,000.00 $2,200,000.00

Estimated Federal Funds to be Fronted then Reimbursed** $357,000.00 -$357,000.00 $256,000.00 -$216,000.00 $32,000.00

Estimated Total Expenses & Project Costs $3,796,223.12 $3,703,311.21 $1,459,512.96 $1,766,121.71 $798,915.46 $2,949,690.46

Estimated Year End Cash Balance Surplus/Deficit $1,423,498.27 -$335,622.94 $149,054.10 $327,122.39 $1,472,396.93 $466,896.47

**2019 - 9th Street Trail-80% ROW ($40,000) refunded; 9th Street Trail-100% construction inspection ($90,000) to be funded, 80% ($72,000) to be refunded

*January, 2014 TIF revenue posted in December, 2013 and was therefore included in the Prior Year End Cash Balance. The June, 2014 TIF proceeds will be the actuacash received to spend in calendar year 2014.**2015 - 9th Street Trail-100% design ($190,000) to be funded, 80% ($152,000) to be refunded; Genesis - 100% rail spur construction ($410,000) to be funded, 50%($205,000) to be refunded

**2016 - 9th Street Trail-80% design ($152,000) refund + Genesis 50% ($205,000) refund

**2017 - Northwest Bike Trail-100% construction inspection ($320,000) to be funded, 80% ($256,000) to be refunded

**2018 - Northwest Bike Trail-80% construction inspection ($256,000) refund; 9th Street Trail-100% ROW ($50,000) to be funded, 80% ($40,000) to be refunded

Date Printed: 11/6/2014

CONSOLIDATED RIVER RACE/US 33 TIF DISTRICT 5 YEAR PROJECT FUNDING PLAN - HIGHEST RANKED PROJECTS WITH ESTIMATED COSTS

Local Funds Federal Funds Total Local Funds Federal Funds Total Local Funds Federal Funds Total Local Funds Federal Funds Total Local Funds Federal Funds Total Local Funds Federal Funds Total Local Funds Federal Funds Total

Design Work $35,000.00 $35,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $35,000.00 $0.00 $35,000.00

Right of Way & Acquisition $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Construction & Inspection $1,700,000.00 $1,700,000.00 $525,000.00 $525,000.00 $0.00 $0.00 $0.00 $0.00 $2,225,000.00 $0.00 $2,225,000.00

Design Work $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00


Construction & Inspection $400,000.00 $400,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400,000.00 $0.00 $400,000.00

Design Work $0.00 $50,000.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $0.00 $50,000.00


Construction & Inspection $0.00 $150,000.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 $0.00 $150,000.00

Design Work $10,000.00 $90,000.00 $100,000.00 $10,000.00 $90,000.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $20,000.00 $180,000.00 $200,000.00


Construction & Inspection $172,226.00 $1,545,721.00 $1,717,947.00 $118,222.00 $1,064,000.00 $1,182,222.00 $0.00 $0.00 $0.00 $0.00 $290,448.00 $2,609,721.00 $2,900,169.00

Design Work $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Right of Way & Acquisition $0.00 $300,000.00 $300,000.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 $0.00 $300,000.00

Construction & Inspection $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Design Work $110,000.00 $110,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $110,000.00 $0.00 $110,000.00

Right of Way & Acquisition $350,000.00 $350,000.00 $0.00 $200,000.00 $200,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $0.00 $750,000.00 $0.00 $750,000.00

Construction & Inspection $0.00 $675,000.00 $675,000.00 $0.00 $0.00 $0.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $675,000.00 $1,675,000.00

Design Work $200,000.00 $200,000.00 $84,000.00 $84,000.00 $50,000.00 $50,000.00 $0.00 $0.00 $0.00 $334,000.00 $0.00 $334,000.00

Right of Way & Acquisition $0.00 $200,000.00 $200,000.00 $400,000.00 $400,000.00 $0.00 $0.00 $0.00 $600,000.00 $0.00 $600,000.00

Construction & Inspection $0.00 $0.00 $0.00 $484,000.00 $1,936,000.00 $2,420,000.00 $0.00 $0.00 $484,000.00 $1,936,000.00 $2,420,000.00

Design Work $0.00 $38,000.00 $152,000.00 $190,000.00 $0.00 $0.00 $0.00 $0.00 $38,000.00 $152,000.00 $190,000.00

Right of Way & Acquisition $0.00 $0.00 $0.00 $10,000.00 $40,000.00 $50,000.00 $0.00 $10,000.00 $40,000.00 $50,000.00

Construction & Inspection $0.00 $0.00 $0.00 $0.00 $0.00 $200,000.00 $800,000.00 $1,000,000.00 $200,000.00 $800,000.00 $1,000,000.00

Design Work $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00


Construction & Inspection $0.00 $205,000.00 $205,000.00 $410,000.00 $0.00 $0.00 $0.00 $0.00 $205,000.00 $205,000.00 $410,000.00

Design Work $50,000.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $0.00 $50,000.00


Construction & Inspection $0.00 $0.00 $250,000.00 $250,000.00 $0.00 $0.00 $0.00 $250,000.00 $0.00 $250,000.00

Design Work $0.00 $50,000.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $0.00 $50,000.00


Construction & Inspection $0.00 $500,000.00 $500,000.00 $0.00 $0.00 $0.00 $1,000,000.00 $1,000,000.00 $1,500,000.00 $0.00 $1,500,000.00

Design Work $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00


Construction & Inspection $0.00 $400,000.00 $400,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 $200,000.00 $0.00 $1,000,000.00 $0.00 $1,000,000.00

$3,027,226.00 $1,635,721.00 $4,662,947.00 $2,630,222.00 $2,186,000.00 $4,816,222.00 $1,100,000.00 $0.00 $1,100,000.00 $794,000.00 $1,976,000.00 $2,770,000.00 $300,000.00 $0.00 $300,000.00 $2,200,000.00 $800,000.00 $3,000,000.00 $10,051,448.00 $6,597,721.00 $16,649,169.00

Contractually Obligated

**2015-$190,000 is 100% design costs-80% will be reimbursed ($152,000); 2017-$50,000 is 100% right of way-80% will be reimbursed ($40,000); 2019 - $90,000 is 100% construction inspection-80% will be reimbursed ($72,000); $182,000 is our 20% construction cost-will not be reimbursed***2017-$420,000 is our 20% construction costs-will not be reimbursed and $320,000 is 100% construction inspection costs-80% will be reimbursed ($256,000)

Estimated Costs

Railroad Crossing Improvements

Phase 1 (2014); Phase 2 (2014/2015)

Hawks Building Loan to LaCasa/Hawks 1886

for Exterior Improvements

2014 2015 2016Project Description

River Race Drive Construction &

Site Improvements Douglas to Jefferson

2017 2018

Miscellaneous Paving Projects (up to $200,000/year)

Steury Avenue/Lincoln Avenue Drainage Improvements

2019

Northwest Bike Trail Phase 2***

Marion Branch Curve Re-Alignment

TOTALS:

Five Year Totals

Rail Spur Construction Genesis Products Site

(State or Genesis to reimburse 50% of railspur construction)

9th Street Pedestrian Trail**

9th Street Stormwater Improvements

Millrace Canal Levee Repairs

River Race Drive Construction North Extension Project


RESOLUTION 110-2014

Approval of Southeast TIF 5 Year Project Funding Plan

WHEREAS the Redevelopment Commission and Staff have compiled a 5 Year Project Funding Plan of the highest ranked projects for the Southeast TIF area and have estimated the costs for those projects; and WHEREAS the Southeast TIF 5 Year Project Funding Plan and related Estimated Annual Balance / Deficit spreadsheets are attached to and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves the Southeast TIF 5 Year Project Funding Plan as attached to and made a part of this Resolution. PASSED and ADOPTED on November 12, 2014. GOSHEN REDEVELOPMENT COMMISSION Thomas W. Stump, President Jeremy P. Stutsman, Secretary

SOUTHEAST TIF DISTRICT5 YEAR PROJECT FUNDING PLAN

ESTIMATED ANNUAL BALANCE / DEFICIT

2014* 2015 2016 2017 2018 2019

Prior Year End Estimated Cash Balance $1,985,520.85 $1,379,845.00 -$73,787.50 $342,017.50 $505,862.50 $719,187.50

Estimated TIF Revenues $817,376.65 $1,642,270.00 $1,667,240.00 $1,669,620.00 $1,742,140.00 $1,742,140.00

Major Moves Loan Proceeds $2,000,000.00 $0.00 $0.00 $0.00 $0.00 $0.00

Estimated Total Funds Available $4,802,897.50 $3,022,115.00 $1,593,452.50 $2,011,637.50 $2,248,002.50 $2,461,327.50

Administrative Expenses $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00

Bond & Loan Obligations $919,352.50 $930,902.50 $1,186,435.00 $1,440,775.00 $1,438,815.00 $1,454,772.50

Estimated Project Costs $2,147,700.00 $2,100,000.00 $0.00 $0.00 $25,000.00 $880,000.00

2006 B Series Bonds - Debt Service Reserve Funding $291,000.00 $0.00 $0.00 $0.00 $0.00 $0.00

Estimated Total Expenses & Project Costs $3,423,052.50 $3,095,902.50 $1,251,435.00 $1,505,775.00 $1,528,815.00 $2,399,772.50

Estimated Year End Cash Balance Surplus/Deficit $1,379,845.00 -$73,787.50 $342,017.50 $505,862.50 $719,187.50 $61,555.00

*January, 2014 TIF revenue posted in December, 2013 and was therefore included in the Prior Year End Cash Balance. The June, 2014 TIF proceeds will be the actual cash received to spend in calendar year 2014.


SOUTHEAST TIF DISTRICT 5 YEAR PROJECT FUNDING PLAN

TIF Funds Stormwater Funds

Federal Funds Total TIF Funds Stormwater

Funds Federal Funds Total TIF Funds Stormwater Funds

Federal Funds Total TIF Funds Stormwater

FundsFederal Funds Total TIF Funds Stormwater

FundsFederal Funds Total TIF Funds Stormwater

Funds Federal Funds Total TIF Funds Stormwater Funds Federal Funds Total

Design Work $185,000.00 $185,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $185,000.00 $0.00 $0.00 $185,000.00

Right of Way & Acquisition $1,000,000.00 $1,000,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000,000.00 $0.00 $0.00 $1,000,000.00

Construction & Inspection $0.00 $2,100,000.00 $5,400,000.00 $7,500,000.00 $0.00 $0.00 $0.00 $0.00 $2,100,000.00 $0.00 $5,400,000.00 $7,500,000.00

Design Work $0.00 $0.00 $0.00 $0.00 $25,000.00 $25,000.00 $0.00 $25,000.00 $0.00 $0.00 $25,000.00

Right of Way & Acquisition $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Construction & Inspection $0.00 $0.00 $0.00 $0.00 $0.00 $880,000.00 $320,000.00 $1,200,000.00 $880,000.00 $320,000.00 $0.00 $1,200,000.00

Design Work $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00


Construction & Inspection $400,000.00 $400,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400,000.00 $0.00 $0.00 $400,000.00

Design Work $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Right of Way & Acquisition $400,000.00 $400,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $400,000.00 $0.00 $0.00 $400,000.00

Construction & Inspection $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

Design Work $162,700.00 $162,700.00 $0.00 $0.00 $0.00 $0.00 $0.00 $162,700.00 $0.00 $0.00 $162,700.00


Construction & Inspection $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

$2,147,700.00 $0.00 $0.00 $2,147,700.00 $2,100,000.00 $0.00 $5,400,000.00 $7,500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25,000.00 $0.00 $0.00 $25,000.00 $880,000.00 $320,000.00 $0.00 $1,200,000.00 $5,152,700.00 $320,000.00 $5,400,000.00 $10,872,700.00

Contractually Obligated

Total Project Costs 2014 - 2019

TOTALS:

Kercher Road Railroad to Dierdorff

(Redevelopment committed to fund a portion of design work

only)

Estimated Costs

Intersection Improvements of

SR 15 and Kercher Road

South Link Road - Phase II

2014 2015 2016Project Description

Goshen Industrial Park - Stormwater Retention

2017 2018 2019

Kercher Road / US 33 Intersection

Improvements (formerly $200,000/year

paving projects)


RESOLUTION 111-2014

Ratify Execution of an Agreement with

TecServ Environmental, Inc. for Asbestos Inspections for 301, 303, 305 & 307 South Third Street, Goshen, Indiana

WHEREAS the Redevelopment Commission owns four residential homes that need to be demolished to allow for the construction of a parking lot east of the Hawks Building between Madison Street and Jefferson Street; and WHEREAS TecServ Environmental Inc. submitted the lowest of three bids received for the asbestos inspections for the four residential homes to be demolished; and WHEREAS the City of Goshen Legal Department prepared a written Agreement with TecServ Environmental and Community Development Director Mark Brinson executed the Agreement on or about November 7, 2014; a copy of which is attached to and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that the Goshen Redevelopment Commission approves the Agreement with TecServ Environmental, Inc. for the Asbestos Inspections for 301, 303, 305 & 307 South Third Street, Goshen, Indiana, and ratifies the execution of the Agreement that is attached to and made a part of this Resolution. PASSED and ADOPTED on November 12, 2014. GOSHEN REDEVELOPMENT COMMISSION Thomas W. Stump, President Jeremy P. Stutsman, Secretary

AGREE.MENT

Asbestos InspectionsFor 301,303,305 & 307 Soutb Third Street, Goshen, Indiana

THIS AGREEMENT is entered into on this .f!day Of."tv'P.){1:£IC ,2014, betweenTecServ Environmental, Inc., hereinafter referred to as "Consultant", and the City of Goshen byits Redevelopment Commission, hereinafter referred to as "City".

WHEREAS, these homes are to be demolished as part of the River Race Driveconstruction project and are required by Indiana Department of Environmental Management(IDEM) to be inspected for asbestos prior to demolition.

WHEREAS, the City desires to contract with Consultant, and Consultant agrees toprovide asbestos inspections at 30 I, 303, 305 & 307 South Third Street, Goshen, Indiana.

NOW THEREFORE, in consideration of the terms, conditions and mutual covenantscontained, the parties agree as follows:

SCOPE OF SERVICES

Consultant shall provide all labor, equipment, materials, tools, supplies, insurance, supervision,work and all other items necessary to perform and complete in a workmanlike manner asbestosinspections that meet IDEM's requirements at 301,303,305 & 307 South Third Street, Goshen,Indiana.

Consultant's services shall include:I. Taking approximately sixty-five (65) to seventy-five (75) individual samples (with mastic

on floor tile) from throughout the four buildings;

2. Providing laboratory analysis; and

3. Providing a written report that shall indicate the materials that contain asbestos and theirlocation within the buildings.

All four residential structures are occupied and City will provide notification to residentsregarding the Consultant's required access and the process to gather samples fi'om the buildings.

All provisions of referenced documents shall be incorporated into this Contract by referencewhether they are actually included or not. In the event of a conflict between a provision in therequest for proposals and the Consultant's response, the request for proposals shall control unlessspecifically modified by this Contract. In the event of a conflict between a provision in thisContract and a provision in Consultant's proposal, the provisions of this Contract shall prevail.

Consultant shall obtain and maintain all required permits, licenses, registrations and approvals,as well as comply with all health, safety and environmental statutes, rules or regulations in theperformance of the services for the City.

TERM OF THE AGREEMENT

This Agreement shall become effective on the date of execution and approval by both parties.Consultant acknowledges that time is of the essence and that the timely performance of itsservices is an important element of this Agreement. Consultant shall perform all services asexpeditiously as is consistent with professional skill and care in the orderly progress of theproject.

Page 1

301 South Third Street303 South Third Street305 South Third Street307 South Third Street

Consultant's services shall begin as soon as practical after receiving a notice to proceed from theCity. Consultant's assessments shall be completed and final reports shall be received by the Cityby December 31, 2014.

COMPENSATION

The City agrees to compensate Consultant for the above services based on a fixed fee for eachaddress as shown below for the amount of Two Thousand Five Hundred Twenty Dollars($2,520.00) and an estimate of ten (l0) samples for point counting lab analysis at One HundredTwenty-five Dollars ($125.00) per sample for an amount not to exceed One Thousand TwoHundred Fifty Dollars ($1,250.00) for a total contract amount not to exceed Three ThousandSeven Hundred Seventy Dollars ($3,770.00).

$580.00$580.00$580.00m.o...oo

$2,520.00

Payment(s) to Consultant for services rendered under this agreement shall be made by the Cityupon receipt of a detailed invoice from Consultant for services completed provided satisfactoryperformance of Consultant has been attained. Consultant is required to have a current W9 Formon file with the City before the City will issue any payment. Payment will be made within fortyfive (45) days following City'S receipt of the detailed invoice from Consultant. Payment isdeemed to be made on the date of mailing the check.

INDEPENDENT CONTRACTOR

Consultant, when performing services under this Agreement shall be deemed an independentcontractor and operate as a separate entity from the City of Goshen. The City shall not beresponsible for injury, including death, to any persons or damage to any property arising out ofthe acts or omissions ofthe agents, employees, or subcontractors of Consultant.

NON-DISCRIMINATION

Consultant agrees that it will comply with all federal and Indiana civil rights laws, including, butnot limited to Indiana Code 22-9-1-10. Consultant agrees that Consultant or any subcontractors,or any other person acting on behalf of Consultant or their subcontractor, shall not discriminateagainst any employee or applicant for employment to be employed in the performance of acontract with respect to said employee's hire, tenure, terms, conditions, or privileges ofemployment or any other matter directly or indirectly related to employment because of theemployee's or applicant's race, religion, color, sex, disability, national origin, or ancestry.Breach of this covenant may be regarded as a material breach of contract.

INDEMNIFICATION -to"-'t"City agrees to secure the~tructures and shall inspect the structures prior to Consultant'sentry to perform above services to ensure the structures are suitable for entry and there are nointruders within the structures.

Consultant agrees to indemnify, defend, and hold harmless the City, its agents, officers, andemployees from any and all liability, obligations, claims actions, causes of action, judgments,liens, damages, penalties or injuries arising out of any act or omission by Consultant or any oftheir officers, agents, officials, and employees, during the performance of services under thisAgreement with the City of Goshen. Such indemnity shall include attorney's fees and all costs

Page 2

and other expenses incurred by the City, and shall not be limited to insurance required under theprovisions ofthis Agreement.

INSURANCE

Prior to commencing services, Consultant shall furnish the City a certificate of insurance inaccordance with the following minimum requirements, shall maintain the insurance in full forceand effect, and shall keep on deposit at all times during the term of the contract with the City thecertificates of proof issued by the insurance carrier that such insurance is in full force and effect.Consultant shall specifically include the City of Goshen as an additional insured for Employer'sLiability, General Liability and Automobile Liability coverage.

Consultant shall at least include the following types of insurance with the following minimumlimits of liability:

Workers Compensation & Employer's Liability Statutory Limits

General Liability Combined Bodily Injury and Property Damage$1,000,000 Each Occurrence and Aggregate

Automobile Liability Combined Bodily Injury and Property Damage$1,000,000 Each Occurrence and Aggregate

Each certificate shall require that written notice be given to the City at least thilty (30) days priorto the cancellation or a change in the policy that would not meet the minimum limits of liabilityset forth above.

FORCE MAJEURE

Except for payment of sums due, neither party shall be liable to the other or deemed in defaultunder this contract if and to the extent that such party's performance under this contract isprevented by reason of force majeure. The term "force majeure" means an occurrence that isbeyond the control of the party and could not have been avoided by exercising reasonablediligence such as natural disaster or decrees of governmental bodies not the fault of the affectedparties.

If either party is delayed by force majeure, the party affected shall provide written noti fication tothe other party immediately, but shall do everything possible to resume performance. Thenotification shall provide evidence of the force majeure event to the satisfaction of the otherparty. If the period of non-performance exceeds fourteen (14) calendar days, the party whoseability to perform has not been so affected may, by giving written notice, terminate the contractand the other party shall have no recourse.

BREACH

It shall be mutually agreed that if Consultant fails to perform, provide services or comply withthe provisions of this Agreement, and Consultant is not able to correct the breach within ten (10)calendar days after the City provides written notice to Consultant of such breach, the City mayprovide or have provided alternative provisions to correct and/or complete the project. If suchprovisions are made by the City, Consultant shall be responsible for any and all costs that may beincurred for such services, and such amounts shall be deducted from amounts owed toConsultant. If the costs for such services exceed the amounts owed to Consultant, Consultant isliable to reimburse the City for such costs.

Any legal action against Consultant relating to this Agreement, or the breach thereof, shall becommenced within one (I) year from the time the defect should have been discovered.

Page 3

TERMINATION

This Agreement may be terminated, in whole or in part, for a material breach of this contract byeither party at the election of the non-breaching party after giving written notice of the breach tothe breaching party. If the breach is not cured within ten (10) calendar days after receipt ofwritten notice of such breach, the non-breaching party may terminate the contract. ThisAgreement may also be terminated at any time by mutual consent of both parties.

Upon termination for any reason, the City shall be entitled to the use of all plans, drawings,specitications and other documents pertaining to the project prepared by Consultant under thisAgreement.

OWNERSHIP OF DOCUMENTS

The City acknowledges Consultant's documents, plans, drawings, specifications, includingelectronic files, as instruments of professional service. Nevertheless, the final documentsprepared under this Agreement shall become the property of the City upon completion of theservices and payment in full of all monies due to Consultant.

ASSIGNMENT

Neither the City nor Consultant shall subcontract or assign any right or interest under theAgreement, including the right to payment, without having prior written approval from the other.Any attempt by either party to subcontract or assign any portion of the Agreement shall not beconstrued to relieve that party from any responsibility to fulfill all contractual obligations.

MODIFICATIONS

[t is mutually understood and agreed that no alteration or variation of the terms in this Agreementincluding the scope of services, completion of services and compensation, and that no alterationor variation of the conditions of this Agreement shall be binding unless specifically agreed to inwriting by the Redevelopment Commission's Community Development Director. Anymodification or amendment to the terms and conditions of the Agreement shall not be bindingunless made in writing and signed by both parties. Any verbal representations or modificationsconcerning the Agreement shall be of no force and effect.

NOTICES

All written notices, properly addressed and sent by U.S. mail or delivered personally to theaddress provided below shall constitute sufficient notice whenever written notice is required forany purpose in the Agreement. Notice will be considered given three (3) days after the notice isdeposited in the U.S. mail or when received at the appropriate address.

Address for notices to the City: Address for notices to Consultant:

City of Goshen TecServ Environmental, lnc.Attention: Legal Department Attention: Dennis Carter204 East Jefferson St. 1911 Clover Road, Suite 10Goshen, [N 46528 Mishawaka, IN 46545-7269

And

City of GoshenAttention: Redevelopment204 East Jefferson St.Goshen, IN 46528

Page 4

APPLICABLE LAWS

Consultant agrees to comply with all applicable federal, state and local laws, rules, regulations,or ordinances as the same shall be in full force and effect during the term of this Agreement.

MISCELLANEOUS

A. Any provision of this Agreement or incorporated documents shall be interpreted in such away that they are consistent with all provisions required by law to be inserted into theAgreement. In the event of a conflict between these documents and applicable laws, rules,regulations or ordinances, the most stringent requirements shall govern.

B. This Agreement shall be construed in accordance with and governed by the laws of the Stateof Indiana and any suit must be brought in a court of competent jurisdiction in ElkhartCounty, Indiana.

C. In the event legal action is brought to enforce or interpret the terms and conditions of thisAgreement, the non-prevailing party will pay all costs incurred by the prevailing pmtyincluding reasonable attorney's fees.

EMPLOYMENT ELIGIBILITY VERIFICATION

The Consultant shall enroll in and verify the work eligibility status of all their newly hiredemployees through the E-Verify program as defined in IC 22-5-1.7-3.

The Consultant shall not knowingly employ or contract with an unauthorizcd alien. TheConsultant shall not retain an employee or continue to contract with a person that the Contractorsubsequently learns is an unauthorized alien.

The Consultant shall require their subcontractors, who perform work under this contract, tocertify to the Consultant that the subcontractor does not knowingly employ or contract with anunauthorized al ien and that the subcontractor has enrolled and is participating in the E-Veri fyprogram. The Consultant agrees to maintain this certification throughout the duration of the tennof a contract with a subcontractor.

The City may terminate the contract if the Consultant fails to cure a breach of this provision nolater than thirty (30) days after being notified by the City ofa breach.

The Consultant affirms under the penalties of perjury that they do not knowingly employ anunauthorized alien.

CONTRACTING WITH RELATIVES

Pursuant to IC 36-1-21, if the Consultant is wholly or paltially owned by a relative of an electedofficial of the City of Goshen Consultant certities that Consultant has notified in writing both theelected official of the City of Goshen and the City'S legal department prior to entering into thiscontract that an elected official of the City of Goshen is a relative of an owner of Consultant.

SEVERABILITY

In the event that any provision of this Agreement is found to be invalid or unenforceable, thensuch provision shall be reformed in accordance with applicable law. The invalidity orunenforceability of any provision of the Agreement shall not affect the validity or enforceabilityof any other provision of the Agreement.

BINDING EFFECT

All provisions, covenants, terms and conditions of this Agreement bind the parties and their legalheirs, representatives, successors and assigns.

Page 5

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all otheragreements or understandings between the City and Consultant.

IN WITNESS WHEREOF, the parties have executed this Agreement as tollows:

City of GoshenRedevelopment Commission TecServ Environmental, Inc.

~J~Dennis Carter, President

Date: ---,--I/+-ft_1-f-!?_;l.._(;)(-;-i--~1

11- 7-/1(Date: ----'---"'----------

Community Development Director

Page 6

GosHenTHE MAPLE CITY

'.

Engineering DepartmentCITY OF GOSHEN204 East Jefferson Street, Suite I • Goshen, IN 46528-3405

Phone (574) 534-220 I • Fax (574) 533-8626. TDD (574) [email protected]. www.goshenindiana.org

MEMORANDUM

TO: Redevelopment Commission

FROM: Mary Cripe, P.E.

RE: NORTHWEST BIKE TRAILPROJECT NO. 2010-0023

DATE: October 1,2014

After obtaining the topographic survey for the Northwest Bike Trail along the New CR 17corridor, we discovered some concerns with regards to the location of the trail in relationship tothe drainage swales along the new CR 17. With the proposed new trail construction to be insidethe new CR 17 right-of-way/fence line, some of the drainage swales would need to be filled in oradditional right-of-way purchased along with the new fence relocated. Please see the attachedsummary letter from DLZ.

At this point in time, it would be my recommendation to proceed with the new trail along theeast side of the old CR 17. Before proceeding in that direction, we are interested in hearing thethoughts and ideas of the members of the Redevelopment Commission.

F:\Projects\2010\201O-0023 _ Northwest Bike Path Phase 2\Correspondance\2014.10.01 Memo to RDC re Trail Route.doc

...;~DLZARCHITECTURE' ENGINEERING' PLANNINGSURVEYING' CONSTRUCTION SERVICES

September 9, 2014

INNOVATIVE IDEAS

EXCEPTIONAL DESIGN

UNMATCHED CLIENT SERVICE

Mrs. Mary M. Cripe, PECity EngineerCity of Goshen204 East Jefferson Street, Suite 100Goshen, IN 46528

RE: NW Bike Trail- Additional Cost associated with New CR 17 Route

Dear Mrs. Cripe

During the preliminary design of the above referenced trail along (new) CR 17, DLZ has determined that thereis insufficient room from the top of the back slope to the Right of Way fence. Hence, two options for theproposed alignment of the trail exist. Either acquire additional Right of Way behind the County's limitedaccess Right of Way, or create an embankment for the proposed trail by filling in the west ditch of (new) CR17.

Both options have advantages and disadvantages. Obtaining additional Right of Way from the adjacentproperty owner (Russell Stark) will be very difficult, he has already indicated at the public meeting and viawritten comments (see attachment) that he is very much opposed to this trail along the (new) CR 17. Inaddition, his farm was bisected by the construction of (new) CR 17 and he has indicated "We've had enough!This will be the third experience of government taking charge of our land!" I believe if the City was to pursuethis option, they would have to obtain the land via condemnation.

The remaining option of constructing the trail along (new) CR 17 would be to fill in the west ditch. Based onpreliminary discussions with the Elkhart County Highway Department, they indicated they are not particularlyfond ofthis option. However, they would consider it contingent upon a hydraulic study being completed todemonstrate that the capacity of the ditch is adequate for both facilities (roadway and trail). To minimize theimpacts to the ditch, it would be desirable to construct the trail as close to the existing fence as possible. Inorder to do this, the entire length of the fence would need to be removed and reset, and Temporary Right ofWay would need to be acquired from Mr. Stark. Since temporary Right of Way would be all that is neededfrom MR. Stark, he may be amenable to the request.

Regardless of which option is pursued along (new) CR 17, there are costs associated to this route that shouldalso be taken into consideration. The box culvert for the Huber Powel Ditch will need to be extended to allowthe trail to traverse the ditch. Also, west of (Old) CR 17, wetlands exist as indicated from the delineationreport. To traverse this area without taking substantial Right of Way from Mr. Stark and to limit the impact tothe wetlands, a boardwalk will be required.

825 S Barr St, Fort Wayne, IN 46802-2727 I OFFICE 260.420.3114 I ONLINE WWWDLZ.COM

Akron Arlington Heights Burns Harbor Chicago Cleveland Columbus Detroit Fort Wayne Frankfort Hammond Indianapolis Joliet Kalamazoo Lansing LouisvilleMadison Pittsburgh Saint Joseph South Bend Toledo

ARCHITECTURE· ENGINEERING" PLANNINGSURVEYING· CONSTRUCTION SERViCES

INNOVATIVE IDEAS

EXCEPTIONAL DESIGN

UNMATCHED CLIENT SERVICE

NW Bike TrailAdditional Cost associated with New CR 17 Route

Page 2 of 2

We have prepared an opinion of probable construction/Right of Way costs associated with the challengesdescribed above and is summarized below:

Opinion of Probable Construction/Right of Way Costsfor Trail Route along (new) CR 17

Alignment OptionPerm. Temp. Remove/Reset Borrow Hydraulic Box

Boardwalk TOTALR/W R/W Fence lli!!l Study Culvert Ext.

Permanent Right of$42,000 N/A N/A N/A N/A $16,000 $250,000 $308,000

Way AcquisitionEmbankment /

N/A $10,000 $46,750 $235,000 $20,000 $16,000 $250,000 $577,750Fill Ditch

The costs shown above were not previously identified in the prior route analysis study/report, since thesurvey and preliminary design of the trail were not completed at that time. DLZ desires to provide the bestpossible information to the City of Goshen so that an informed and responsible decision can be made.

The previous route study indicated that a savings of $143,300 would be obtained from utilizing the (new) CR17 route. However, this savings is eliminated as result ofthe design constraints due to permitting,INDOT/FHWA design requirements, and/or constructability of the trail within existing Right of Way.

Therefore, DLZ recommends that the City of Goshen review the route along (old) CR 17 and give furtherconsideration to this option.

If you have any questions or if you would like to discuss this matter further, please do not hesitate to contactour office.

Sincerely,

ti.~~Project Manager

cc: AlG, File

M :\proj\1366\2101\Docs\Letters\2014-09-09 (Cripe) .docx

laDLZ~ReHITE'CT·UIIE. ENGINEERING. PLAHilllNG5U'RVEyjNG' .·CoNsTRue-rfoM scRvicES

INNOVATIVE IDEAS

EXCEPTIONAL I;lESIGN

UNMATCHED CLIENT SE;RVICE

Northwest Bike TrailPublic Meeting Comment Form

Wednesday May 21 st, 2014

-SIGNATURE: -----Je~.{L.<::~'4L-~,."J"__L.,-'"'-'"-"!Z2~A"""'",£=:::--------------------

Please provide your concerns and/or suggestions regarding the proposed construction of the Northwest Trail. Yourcomments are important to us and we sincerely appreciate your time and participation during the public involvementprocess. Please submit comments by Friday, June 30, 2014. Comments can be mailed/faxed to the address on thelett~rheadbelow or [email protected].

NAME: rl.uJ.i (boM. RI1 Ml£fY JtadADDRESS: ~ ~ (8'7 t r<. 30 .~

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111 W Columbia SI, Ste 100, Fort Wayne, IN 46802·1710 I OFFICE 260.420.3114 I ONLINE WWW.DL2.COM

Akron Ar1ington Heights Burns Harbor ChIcago Cleveland Columbus Detroit Fort Wayne Frankfort Hammond Indianapolis Joliet Kalamazoo lansing LouisvnleMadison Melvindale Pittsburgh Saint Joseph South Bend Toledo

RESOLUTION 112-2014

Approve and Authorize Execution of Change Order No. 2 with C & E Excavating, Inc. for River Race Drive Construction

WHEREAS the City entered into a Contract with C & E Excavating, Inc. for River Race Drive Construction; and WHEREAS Change Order No. 2 is for the addition of line items not included in the original bid, increasing the original contract price by $9,918.28, for a total project cost of $1,881,402.76. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves the Change Order No. 2 to the Contract with C & E Excavating, Inc. for River Race Drive Construction as attached to and made a part of this resolution. PASSED and ADOPTED on November 12, 2014.

Goshen Redevelopment Commission ________________________________________ Thomas W. Stump, President ________________________________________ Jeremy P. Stutsman, Secretary

Engineering DepartmentCITY OF GOSHEN204 East Jefferson Street, Suite I • Goshen, IN 46528-3405

Phone (574) 534-220 I • Fax (574) 533-8626. TDD (574) 534-3 185engi [email protected] 4'# www.goshenindiana.org

MEMORANDUM

TO: Redevelopment Commission

FROM: Engineering Depmiment

RE: RIVER RACE DRIVE CONSTRUCTIONPROJECT NO. 2011-0036

DATE: November 5,2014

Attached please find Change Order #2 with Work Change Directives #6 through #10.

WCD #6 which includes a 30 L.F. section of 12" SDR-35 PVC storm pipe stubbed from a 24"RCP storm pipe for the Matthews development. The stub provides a connection point for thebuilding downspouts into the city storm system. A quote of $2,625 .00 was provided.

WCD #7 which includes a new wye installed in the new 8" SDR-35 PVC sanitary main on PurlStreet for 205 Purl Street. The plans placed the new wye 32' west of the actual location. A newwye was installed at the existing sewer lateral location. A quote of $2.,057.39 was provided.

WCD #8 which includes modifying an existing sanitary manhole to an internal drop manhole.The existing sanitary manhole at Madison Street and S. 3rd Street requires an internal drop due tothe new 8" SDR-35 PVC sanitary main entering the structure more than 2' above the flow line.A quote of$3,519.89 was provided.

WCD #9 which includes an additional 16" x 48" barrel section for SAN MH #9. The designedrim elevation was 1 foot lower than the existing ground grade. A quote of $425.00 wasprovided.

WCD #10 which includes the lmdercutting of an area approximately 13' x 45' and placement ofNo.2 stone 12" thick on Monroe Street. An area at the east end of Monroe Street was pumpingunder loads from existing soil conditions requiring the area to be stabilized. A quote of$1,291.00 was provided.

Please review and consider for approval of Change Order #2.

\\GCEN-I \f-drive\Projects\20 11 \2011-0036 _ River Race Drive Construction\Work Change Directive\Memo for Work Change Directives 6 to10.doc

Pg

OWNER:

of 3

CHANGE ORDER FORM

CITY OF GOSHEN, INDIANAOFFICE OF THE CITY ENGINEER

204 E. Jefferson Street, Suite 1Goshen, IN 46528

City of Goshen

Change Order No. 2

Date: 11/5/14

PROJECT NAME:

PROJECT NUMBER:

CONTRACTOR:

River Race Drive Construction

2011-0036

C & E Excavating, Inc.

1. DESCRJPTION OF WORK INVOLVED (Use additional sheets if needed)

The below items are in addition to the original contract. A 12" storm line was stubbed for the connection of theMatthews development downspouts. An additional wye was installed for 205 Purl Street. An existing sanitarymanhole at Madison Street and S. 3rd Street was modified to an internal drop manhole. SAN MH #9 required a 16"barrel section to adjust final rim elevation. A soft area on Monroe Street required undercutting and No.2 stoneplaced.

C02-10 Undercutting of Monroe Street to correctsoft area and installation of No. 2 stone

C02-6

C02-7

C02-8

C02-9

30 L.F. 12" SDR-35 PVC storm pipe stubfor Matthews development downspouts

New 6" wye installed in new 8" sanitary main on

Purl Street to service 205 Purl Street

Modification of existing sanitary manhole atat Madison Street and S. 3rd Street

Additional 16" x 48" barrel section for SAN MH

#9

I LSUM (a), $2,625.00 ._----------_.. $2,625.00

1 LSUM (a), $2,057.39 ._----------- $2,057.39

1 LSUM (a), $3,519.89 ._----------_.. $3,519.89

1 LSUM (a), $425.00 ._----------- $425.00

I LSUM (a), $1,291.00 ._----------- $1,291.00

Subtotal -

\\GCEN-I If-driveIProjects\20 11 \20 11-0036 _ River Race Drive ConstructionlChange Orders\20 11-0036 Change Order No.2

$9,918.28

Pg 2 of 3

CHANGE ORDER FORM

Change Order No. 2

II. ADJUSTMENTS IN AMOUNT OF CONTRACT

I. Amount of original contract2. Net (Addition/Reduction) due to all Previous

Contract Supplements Numbers 1 to

3. Amount of Contract, not including this supplement

4. Addition/Reduction to Contract due to this supplement

5. Amount of Contract, including this supplemental6. Total (Addition/Reduction) due to all Change Orders

(Line 2 + Line 4)

7. Total percent of change in the original contract price

Includes Change Order No. 1 to 2

(Line 6 divided by Line I)

III. CONTRACT SUPPLEMENT CONDITIONS

$1,849,947.99

$21,536.49

$1,871,484.48

$9,918.28

$1,881,402.76

$31,454.77

1.70%

I. The contract completion date established in the original contract or as modified by previous Contract

Supplement(s) is herby extended/reduced by JL. calendar days, making the final completion date N/A.

2. Any additional work to be performed under this Contract supplement will be carried out in compliance with thespecifications included in the preceding Description of Work Involved, with the supplemental contract drawing

designed as , and under the provisions of the original contract including compliance with applicable

equipment specifications, general specifications and project specifications for the same type of work.

3. This Contract Supplement, unless otherwise provided herein, does not relieve the contractor from strict compliancewith the guarantee provisions of the original contract, particularly those pertaining to performance and operation of

equipment.

4. The contractor expressly agrees that he will place under coverage of his Performance and Payment Bonds andcontractor's insurance, all work covered by this Contract Supplement. The contractor will furnished to the owner

evidence of increased coverage of this Performance and Payments bonds for the accrued value of all contract

supplements, which exceed the original contract price by twenty (20) percent.

IIGCEN-I IjcdrivelProjects\20 11\20 11-0036 _ River Race Drive ConstructionlChange Ordersl20 11-0036 Change Order NO.2

Pg. 3 of

CHANGE ORDER FORM

3 Change Order No. 2

ACCEPTED: BOARD OF PUBLIC WORKS AND SAFETY

CITY OF GOSHEN, lNDlANA

Mayor

Member

Member

ACCEPTED:

ACCEPTED:

CONTRACTOR

REDEVELOPMENT

C&E Excavating, Inc.

BY:-------:----------:----Signature of authorized representative of Contractor

BY:

Mark Brinson, Community Development

IIGCEN-I If-drivelProjectsl20 II \20 I 1-0036 _ River Race Drive ConstructionlChange Ordersl201 1-0036 Change Order No.2

Work Change Directive

Project Title: RlVER RACE DRIVE CONSTRUCTION

Project No.: 2011-0036

Directive No.: 6

Date: November 13,2014

Contractor: C & E Excavating Date ofIssuance: November 13,2014

Description of Change:A 30 L.F. 12" SDR-35 PVC storm pipe stub was installed to service the Matthews development.

Justification: No site plan had been submitted at the time of the project design. The preliminarysite plan submitted by Mr. Matthews at a later date showed each individual downspout connectedto the city storm system. The new storm system had been installed prior to receiving thepreliminary site plan and could not be modified. Mr. Matthews agreed to direct the buildingdownspouts to a single connection point on the city storm system. A storm pipe was stubbed pastthe rights of way on South Second Street to provide a connection point beyond the city roadway.The storm pipe was connected to a 24" RCP storm pipe installed along the south side oftheMatthews development as part ofthe River Race Drive project.

Attachments:A quote of$2,625.00 for the installation of a 30 L.P. 12" SDR-35 PVC storm line stub.

Method of determining change in

Contract Price:

D Unit Prices D Contractor's Records

fZI Lump Sum D Engineer's Records


Contract Times:

D Other Other

Estimated increase in Contract Price:$ 2,625.00lfthe change involves an increase, theestimated amount is not to be exceeded without further authorization.

City of GoshenEngineering Department

Estimated increase in Contract Times:Substantial Completion- daysReady for final payment-daysIf the change involves an increase, the estimatedtimes is not to be exceeded with out furtherauthorization.

AUTHORIZED:

OWNER

By:(Authorized Signature)

204 E. Jefferson Street, Goshen, IN 46528Ph. 574-534-2201 Fax: 574-533-8626


Project Title: RIVER RACE DRIVE CONSTRUCTION


Directive No.: 7


Contractor: C & E Excavating Date of Issuance: November 13,2014

Descri ption of Change:The installation of a 6" wye into the new 8" SDR-35 PVC sanitary sewer main to service thehome at 205 Purl Street.

Justification: A wye was installed during the installation of the 8" SDR-35 PVC sewer main onPurl Street per plans. While excavating to place the new water service, the existing sewer lateralwas located at the same location. The existing sewer lateral was located 32' east ofthe locationindicated on the original plans. A new wye was required at the existing lateral location to service205 Purl Street.

Attachments:A quote of$2,057.39 for the installation of a new 6" wye on the new 8" SDR-35 PVC sanitarysewer main along Purl Street.

Method of determining change inContract Price:

o Unit Prices 0 Contractor's Records

~ Lump Sum 0 Engineer's Records

Method of determining change inContract Times:

o Other Other

Estimated increase in Contract Price:$ 2,057.39Ifthe change involves an increase, theestimated amount is not to be exceeded without further authorization.

RECOMMENDED:


Estimated increase in Contract Times:Substantial Completion- daysReady for final payment- daysIf the change involves an increase, the estimatedtimes is not to be exceeded with out furtherauthorization.

AUTHORIZED:

OWNER






Directive No.: 8


Contractor: C & E Excavating Date oflssuance: November 13,2014

Description of Change:The modification of an existing sanitary manhole located at Madison Street and S. 3rd Street to anintel1lal drop manhole.

Justification: The new 8" SDR-35 PVC sanitary sewer main entering the existing sanitarymanhole is more than 2' above the flow line. Per standards, a drop manhole is required. Theoriginal plans did not indicate modifYing the existing manhole to a drop manhole.

Attachments:A quote of $3,519.89 for the modification of an existing sanitary manhole to an intel1lal dropmanhole.


D Unit Prices D Contractor's Records

C8J Lump Sum D Engineer's Records


D Other Other

Estimated increase in Contract Price:$ 3,519.89lfthe change involves an increase, theestimated amount is not to be exceeded without further authorization.


Estimated increase in Contract Times:Substantial Completion- daysReady for final payment- days[fthe change involves an increase, the estimatedtimes is not to be exceeded with out furtherauthorization.

AUTHORIZED:

OWNER




Project Title: RiVER RACE DRIVE CONSTRUCTION


Directive No.: 9


Contractor: C & E Excavating Date of Issuance: November 13,2014

Description of Change:The addition of a 16" x 48" barrel section to SAN MH #9 to adjust the final rim elevation.

Justification: The designed rim elevation for SAN MH #9 was approximately 1 foot lower thanthe existing ground grade. The addition of the 16" barrel section and one additional rings willallow the top of the casting to match the existing conditions.

Attachments:A quote of $425.00 for an additional 16" x 48" barrel section for SAN MH #9.


Contract Price:


~ Lump Sum 0 Engineer's Records


Contract Times:

o Other Other

Estimated increase in Contract Price:$ 425.00If the change involves an increase, theestimated amount is not to be exceeded without further authorization.

RECOMMENDED:


Estimated increase in Contract Times:Substantial Completion- daysReady for final payment- daysIf the change involves an increase, the estimatedtimes is not to be exceeded with out furtherauthorization.

AUTHORIZED:

OWNER





Project No.: 20] ]-0036

Directive No.: ]0

Date: November 13,20] 4

Contractor: C & E Excavating Date ofIssuance: November ]3,20]4

Description of Change:The undercutting of an area ]3' x 45' x ]' at the east end of Monroe Street. A 12" thick layer ofNo.2 stone will be placed in the undercut area and #53 stone placed on top for the roadway base.

Justification: An area located in the west bound lane near the intersection of Monroe Street andS. 3rd Street was observed pumping as large and small vehicles traveled over the area. The softmaterial below the #53 stone road base requires removal to provide a stable base for the roadway.

Attachments:A quote of $1 ,291.00 for the undercutting of an area 13' x 45' xl' and placement of No. 2 stoneon Monroe Street.



r:2J Lump Sum 0 Engineer's Records


o Other Other

Estimated increase in Contract Price:$ 1.291.00If the change involves an increase, theestimated amount is not to be exceeded without fUl1her authorization.


Estimated increase in Contract Times:Substantial Completion- daysReady for final payment- daysIf the change involves an increase, the estimatedtimes is not to be exceeded with out fUl1herauthorization.

AUTHORIZED:

OWNER



CITY OF GOSHEN REDEVELOPMENT COMMISSION

2015 Meeting Schedule The 2015 regular meetings of the Goshen Redevelopment Commission will take place on the second Tuesday of each month at 4:00 p.m. as set forth below. The meetings will be held in the City Court Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana.

January 13, 2015

February 10, 2015

March 10, 2015

April 14, 2015

May 12, 2015

June 9, 2015

July 14, 2015

August 11, 2015

September 8, 2015

October 13, 2015

November 10, 2015

December 8, 2015

All meetings of the Goshen Redevelopment Commission are open to the public with the exception of an executive session that may be held as authorized by Indiana Code §5-14-1.5-6.1. Meetings in addition to those listed may be scheduled as necessary subject to public notice requirements.

November 2014 Redevelopment Staff Report

PROJECT: USEPA ASSESSMENT GRANT & REVOLVING LOAN FUND (RLF) GRANT AWARDS PROJECT DESCRIPTION The City has received a community-wide assessment grant ($400,000) and a revolving loan fund (RLF) grant ($1,000,000) to be used for remediation projects from the USEPA. Both sources of funding will be used for sites throughout Goshen and will allow for collaboration with local businesses and developers to facilitate redevelopment projects. PROJECT UPDATE For the assessment grant, the grant completion date was 7/31/2014. As we still have a large portion of the petroleum funding and approximately $20,000 in hazardous funds, we requested a 12-month extension and that was granted on 7/11/14. We have had several request inquiries and are continuing to work on these project. We have two Phase I’s underway at this time. For the RLF grant, we recently loaned $650,000 from the City to the Commission to utilize for the salvage yard property at 828/922 E. Lincoln Avenue. We still have a portion of funding available for petroleum impacted projects and are continuing to look for options for that funding. One additional site is being considering as a potential project for the petroleum portion of the funding and more details will be available within the next several weeks.

PROJECT: GOSHEN THEATER PROJECT DESCRIPTION Goshen Theater, Inc. is acquiring and renovating the Goshen Theatre building to serve as an Arts and Entertainment facility downtown. PROJECT UPDATE Goshen Theater, Inc. has now acquired the Goshen Theater. The next phase of the project will be to conduct a capital campaign feasibility study. Bill Johnson has agreed to chair the fundraising effort. Goshen Theater, Inc. is in the process of replacing the exterior fire exit on the south side of the building. Historic Landmarks is funding this project. Once the new fire escape is installed the ballroom space can be leased. First floor office space has been renovated and is available for lease. Major problems with the sewer drains have been identified and estimates are being prepared.

November, 2014 Redevelopment Staff Report Page 2 PROJECT: RIVER RACE DRIVE CONSTRUCTION PROJECT DESCRIPTION Construction of a narrow two way street between Douglas and Jefferson to keep speeds low and discourage cut-through traffic. This new drive will support development projects along the canal, including the Hawks Building, Matthews Millrace, LLC and the River Race Neighborhood. PROJECT UPDATE All utility relocations are now complete. C&E Excavating have been working on the construction of the water main, sanitary sewer and storm sewer, and Phend & Brown are working on the curb installation in preparation for the asphalt pavement.

PROJECT: NIPSCO BUILDING LEASE PROJECT DESCRIPTION The Redevelopment Commission approved a lease/purchase agreement with the Goshen Brewing Company to convert the NIPSCO building into a brew pub. PROJECT UPDATE The tenant has taken possession of the building and is making monthly lease payments. Construction is underway and should be completed by the Spreing of 2015.

PROJECT: NORTHWEST BIKE TRAIL CONNECTOR PROJECT DESCRIPTION The Northwest Bike Connector route will connect the northwest Goshen neighborhoods to the US 33 Commercial district, extending west along Bashor Road from US 33 to CR 17 and then north to the Sam’s Club parking lot. PROJECT UPDATE After obtaining the topographic survey for the Northwest Bike Trail along the New CR 17 corridor, some concerns were discovered with regards to the location of the trail in relationship to the drainage swales along the new CR 17. With the proposed new trail construction to be inside the new CR 17 right-of-way/fence line, some of the drainage swales would need to be filled in or additional right-of-way purchased along with the new fence relocated. For more detail, please see the information attached to this month’s packet of information.

PROJECT: DISPOSITION OF 324 SOUTH 5TH STREET, 211 E. MADISON & 323 S. 6TH STREET PROJECT DESCRIPTION In April of 2012, 324 South 5th Street was transferred from the Board of Works to the Redevelopment Commission. The Commission plans to sell the property through a RFP process. Now that a formal decision has been announced regarding the re-routing of US 33, we are able to proceed.

November, 2014 Redevelopment Staff Report Page 3 PROJECT UPDATE The Commission was provided with a Request for Proposals (RFP) for these properties that are owned by Redevelopment. Proposals are due December 9, 2014. Copies of the RFP’s have been distributed to local developers, investors and other interested parties. One proposal has been received.

PROJECT: MILLRACE TOWNHOMES AND FLATS PROJECT DESCRIPTION The Redevelopment Commission approved a development agreement with developer David Mathews to construct townhomes along the millrace. Approximately 25 townhomes and flats will be constructed on the parcel situated north of Purl and south of Madison. PROJECT UPDATE The rezoning process of the land was approved at the April Plan Commission meeting, and then approved by the City Council at the May 6, 2014 meeting. The primary subdivision and site plan will need to be submitted for Plan Commission review and approval. Ground-breaking for this project is expected to be in the spring of 2015.

PROJECT: MILLRACE NEIGHBORHOOD DEVELOPMENT PROJECT DESCRIPTION The Redevelopment Commission has selected the Millrace Neighborhood, Inc. as the developer for the parcel along the race located south of Purl and north of Douglas. This will consist of approximately 12 single family homes, featuring a common area that encourages interaction between residents. PROJECT UPDATE The re-zoning was presented at the Plan Commission and received a favorable recommendation to be passed onto the Goshen City Council for final approval at the July 15 City Council meeting. The primary subdivision and site plan will then need to be submitted for Plan Commission review and approval. Ground-breaking for this project is expected to in the spring of 2015.

PROJECT: MILLRACE CANAL STABILIZATION PROJECT DESCRIPTION The Commission completed the Millrace Canal Study in March of 2007. The study focused on the potential to dredge the canal, allow for the development of hydroelectric power, and repairs to the canal bank levee(s). The study focused on levee repairs on the west side of the canal, but referenced at least two locations on the east side of the canal that also had levee conditions. The two locations on the east side of the canal are: 212 W. Jackson Street and 1245 Wilson Avenue. The levee bank repairs were determined to be a lower priority than the other Commission projects and improvements to the canal were shelved.

November, 2014 Redevelopment Staff Report Page 4 PROJECT UPDATE The City was recently made aware that the levee portion of the canal along the property at 1245 Wilson Avenue was leaking and pooling water within the yard. On August 1st, Goshen Engineering inspected the leak and identified enough items of concern to warrant further investigation. Representatives from Lawson Fisher Associates (LFA) inspected the site on August 4th and noted a deposit of washed sand at the base of the leak and a partially saturated levee bank indicating the migration of water through the soil. Goshen Engineering requested a proposal from LFA to address the concerning leak. LFA determined geotechnical work would be required to adequately design a repair and arranged for soil samples to be drilled the week of August 4th. Feeling a sense of urgency, the Goshen Engineering Department authorized the initiation of the soil sampling to be retroactively approved by a board at a later date. A design proposal has been received from LFA. Funding sources to complete the design work and the yet unknown construction cost for the repair is being sought. The canal bank evaluation has been completed by LFA. A copy of the canal bank evaluation is attached. Goshen Engineering will be sharing the evaluation with Mr. Hartzler and will be discussion repair alternatives that would be acceptable. We will be holding a public meeting on Thursday, November 13th, at 7:00 pm to discuss long-term canal maintenance. Aquatic Weed Control will be attending to provide information on the options available (including pricing). The meeting will be held at Schrock Pavilion. Mayor Kauffman also intends to propose the formation of an EID in this area to help with the cost of long-term maintenance.

PROJECT: DOWNTOWN VAULT CLOSURE PROGRAM PROJECT DESCRIPTION The Commission approved $60,000 to fund the Downtown Vault Closure Program. The purpose of this program is to provide matching funds to close vaults located under sidewalks in the central business district. PROJECT UPDATE A total of 24 vaults were found to be in need of repair. To date, this program has funded vault closures at the following locations: 209 South Main (John Hall’s); 106 North Main (RC3 Realty); 227 S Main (Dew Drop Inn); 110 E Lincoln (Mervin Schrock); 101 S. Main (1st Source Bank); 115½ South Main (John Davis); 218 N. Main (Cuauhtemoc Perez); 132 S. Main (Shutterhugs); 122 S. Main Street (Gutierrez Mexican Restaurant); 120 S. Main Street (Sorg): 108, 110, 112 & 114 E. Washington Street (Robert Burt Trust); 111 & 113 Lincoln Avenue (Republican Headquarters). Ground penetrating radar (GPR) was done on 47 properties where it could not be determined if vaults existed due to no access from the interior of the building and only one additional vault was located on East Lincoln that needs to be filled. During the closure of 108 and 110 E. Washington Street, the contractor exposed another vault in the northeast corner of 202 S. Main Street. This vault was previously unidentified. The vault closure at 111 and 113 E. Lincoln Avenue has been completed. Kerry Yaw, the contractor, assessed the interior of the vault ceiling before it was collapsed in and commented that it was in very poor condition. Because this vault had been previously blocked from the outside wall, the Commission agreed to fund the complete abandonment of the vault. The final cost of this abandonment has yet to be reviewed.

November, 2014 Redevelopment Staff Report Page 5 PROJECT: POWERHOUSE LEASE AGREEMENT PROJECT DESCRIPTION The Commission has accepted a proposal from Falling Waters, LLC to lease property adjacent to the millrace powerhouse for the purpose of generating hydro-electric power. PROJECT UPDATE A lease agreement with Falling Waters was approved at the February, 2014 Commission meeting. Lease payments began May 1, 2014. The next target date is January 1, 2016, which is the deadline for Falling Waters to apply for all required permits necessary to produce hydro-electric power.

PROJECT: NORFOLK SOUTHERN MARION BRANCH RAILROAD CURVE REALIGNMENT &

US 33 NORTH CONNECTOR ROUTE PROJECT DESCRIPTION INDOT plans to relocate US 33 from Monroe Street to Main Street along what is known as the US 33 North Connector Route, which will include bridges over the Norfolk Southern Railroad Marion Branch, SR 4 and Cottage Avenue. As a part of the past Norfolk Southern Railroad Marion Branch Relocation Study, one option was to realign the railroad curvature at Ninth Street to allow the trains to continue through the City at 20mph instead of slowing down to 10mph at the curve. PROJECT UPDATE INDOT, Norfolk Southern Railroad and the City have agreed that it would be best to have the railroad realignment complete in 2015, prior to the US 33 North Connector project which begins in 2016. This would also include the closing of the Ninth Street and Washington Street Railroad Crossings. The City is currently working with representatives from Norfolk Southern regarding funding, along with the design and construction process. Several meetings and conference calls have occurred between INDOT, Norfolk Southern and the City. Currently, INDOT plans to construct the bridge over the railroad to accommodate the two tracks, and Norfolk Southern is evaluating their plans, as to when they should relocate the Marion Branch track. Norfolk Southern will be submitting a letter to the City committing to the construction of the Marion Branch Curve Realignment, and they would like to be to construction in Spring 2015, as long as the City and INDOT commits to the acquisition and demolition of 113, 117 and 119 South Ninth Street. INDOT plans to bid the US 33 North Connector project in September 2015 and construction should take approximately two construction seasons.

PROJECT: NORFOLK SOUTHERN RAILROAD CROSSING SAFETY IMPROVEMENTS PHASE I PROJECT DESCRIPTION Federal Highway Safety Improvement Project (HSIP) funding was granted to the City for the installation of new warning devices at six at-grade railroad crossing to improve safety and meet minimum Federal Railroad Administration (FRA) standards. The six crossings include: New York Street, Burdick Street, Jackson Street, Plymouth Avenue, Reynolds Street and Purl Street. PROJECT UPDATE INDOT issued the Notice to Proceed to Norfolk Southern for the construction of these safety improvements. Norfolk Southern has not submitted their construction schedule yet.

November, 2014 Redevelopment Staff Report Page 6 PROJECT: NORFOLK SOUTHERN RAILROAD CROSSING SAFETY IMPROVEMENT PHASE II PROJECT DESCRIPTION Federal Highway Safety Improvement Project (HSIP) funding was applied for the installation of new warning devices at two at-grade railroad crossing to improve safety and meet minimum Federal Railroad Administration (FRA) standards. The two crossings include: Jefferson Street and College Avenue. PROJECT UPDATE The INDOT-LPA Agreement was executed by the City of Goshen and then forwarded onto INDOT for approval. Once INDOT executes the Agreement and issues a Purchase Order, then Norfolk Southern and INDOT will enter into an Agreement for the Preliminary Engineering portion of this project.

PROJECT: RAILROAD QUIET ZONE FROM KERCHER ROAD TO LINCOLN AVENUE PROJECT DESCRIPTION Establishment of a Quiet Zone along the Norfolk Southern Railroad Marion Branch from potentially CR 40 to Lincoln Avenue. PROJECT UPDATE This project was highly desired by the participants in the 9th Street Corridor planning project. American Structurepoint has been assisting the City with the initial report. Once funding is secured for phase II of the railroad crossing safety improvements, the City could proceed with submitting an application to the Federal Railroad Administration (FRA) for the consideration of the establishment of a Quiet Zone.

PROJECT: NINTH STREET TRAIL FROM COLLEGE AVENUE TO PURL STREET PROJECT DESCRIPTION New bicycle and pedestrian trail construction along Ninth Street from College Avenue and Purl Street. PROJECT UPDATE The INDOT-LPA Agreement needs to be submitted to the City Council and the Board of Public Works and Safety for approval, and then submitted to INDOT. CHA was chosen by the proposal review committee for the design engineering of this project, and the Engineering Department anticipates receiving a draft LPA-Consulting Contract from CHA soon, which will eventually require the Redevelopment Commission’s review and approval. The City will receive Federal funding for this project for the design, right-of-way acquisition and construction portions of the project. Funding will be 80% Federal Transportation Alternate Project (TAP) funds and 20% local funds.

November, 2014 Redevelopment Staff Report Page 7 PROJECT: STEURY AVENUE RECONSTRUCTION AND STORMWATER DETENTION AREA PROJECT DESCRIPTION This project has grown out of the recent improvements along the Steury Avenue corridor with the expansion of GDC, Lions Head, the Goshen Street Department and the Goshen Central Garage. The roadway corridor no longer supports the additional vehicle loads and has been chip and sealed to extend the service life of the current pavement. The intersection of Steury Avenue and State Road 4 has small turning radiuses, which causes semi-traffic serving the corridor to make wide swings onto and off of Steury Avenue and State Road 4. Drainage is effectively non-existent along the roadway corridor and there are limited opportunities to improve the drainage without looking outside the corridor. In addition to the functionality of the roadway, the roadway’s appearance does not reflect the investment the adjoining companies have made on their properties. The current plan is to reconstruct Steury Avenue from State Road 4 north 1,450-feet to the first roadway bend to the right. The new roadway cross section will have a thicker pavement section to support the additional vehicle traffic and curb and gutter to control stormwater water runoff. A new storm sewer will be constructed that directs stormwater to State Road 4 where several properties will be purchased, on the south side of State Road 4, to allow for the placement of a detention pond. The new detention pond will have an overflow release to Rock Run Creek. COMPLETED TASKS

• Lawson Fisher Associates completed their preliminary evaluation of the Steury Avenue stormwater requirement, and determined the volume and area land needed to adequately detain the collected stormwater.

• The project was awarded to Abonmarche Consulting. • A project kickoff meeting took place with Abonmarche Consulting. • Brads-Ko Engineering and Surveying, completed the additional survey work requested. • Four residential properties south of State Road 4 and just west of the salvage yard have now been purchased and three of

them are vacant and the last one will be soon. • Abonmarche is working on the 60% design drawings. • A property owner stakeholders meeting occurred on June 2, 2014. Meeting attendance was good. Common concerns were

truck movements, drainage and access to businesses. • Appraisals have been completed and an offer has been provided to the property owners.

PROJECT UPDATE It remains the City’s ultimate goal is to have the first phase of the project, that includes the salvage yard cleanup, ready for bid after the first of the year to allow for the cleanup project to occur next spring. The current owner is actively seeking alternate locations.

PROJECT: SOUTH LINK ROAD CONSTRUCTION PROJECT DESCRIPTION South Link Road will be extended from SR 15 east to Regent Street, and will include an overpass over the railroad tracks along with a traffic signal at the new intersection with SR 15. This is an extension of the existing Waterford Mills Parkway constructed in 2010 from CR 27 to Regent Street. Construction is anticipated in 2016, which will be funded with 80% Federal STP funds and 20% local funds.

November, 2014 Redevelopment Staff Report Page 8 PROJECT UPDATE At the MACOG Quarterly Tracking meeting with INDOT, it was determined that the South Link Road from SR 15 to Regent Street project will not be bid in the Federal Fiscal Year (FY) 2015, which ends on June 30, 2015, due to the delay in getting the previously acquired properties’ information to INDOT. On Saturday, September 27 2014, all of the information regarding the City owned properties was submitted to INDOT for review by INDOT and FHWA, and we have absolutely no clue how long it will take for INDOT to make a determination with regards to the next steps that will need to be taken. At this point in time, we have tentatively scheduled the letting/bidding date for February 2016, with hopes of an earlier letting date (like November 2015) can be achieved. JPR is working hard on acquiring the other parcels that we need, and it seems that portion of the right-of-way acquisition is right on schedule. We are also coordinating with the various utility companies and the railroad.

PROJECT: INTERSECTION IMPROVEMENT AT STATE ROAD 15 & KERCHER ROAD PROJECT DESCRIPTION A partnership between the Indiana Department of Transportation (INDOT), Elkhart County and the City of Goshen has been formed to improve the intersection of SR 15 and Kercher Road. Improvements will include a left turn lane, through lane, and a right turn lane on every approach to the intersection along with a 10-foot sidewalk/trail to provide connectivity to the Winona Trail along the railroad. The construction along Kercher Road will commence at Islandview Drive and extend to the Winona Greenway Trail/Railroad. PROJECT UPDATE All appraisals are complete. Elkhart County will act as the City’s buying agent for these parcels, and they have already acquired four of the twelve parcels. County representatives have met with all of the property owners, except for three of them. An email was submitted to INDOT and Elkhart County putting them on notice that the City will be putting the Intersection Improvement on hold, due to funding constraints. The City had planned on funding the intersection improvement with TIF funds. However, the specific TIF District has been taxed with the costs associated with the Intersection Improvement at US 33 and Kercher Road, and all of the improvements along the SR 15 corridor required for the South Link Road project (because MACOG has a policy that Federally funded local projects are not to pay for any improvements along a State road) plus the 20% match for the South Link Road. So, the County and the City will continue to purchase the necessary right-of-way needed to construct the intersection improvement. Elkhart County will continue to finalize plans and specifications in order to bid the project. Once these tasks are complete, the City will shelve the project, until we are able to fund the project, unless INDOT is willing to dedicate additional funding to this project. Construction was anticipated in 2015, but as of now, we are unsure as to when the construction will occur. As a side note, construction of the Kercher Road Bridge over the Elkhart River is anticipated to start construction in 2016/2017.

PROJECT: KERCHER ROAD RECONSTRUCTION FROM RAILROAD TO DIERDORFF ROAD PROJECT DESCRIPTION Improvements to Kercher Road from the Railroad to Dierdorff Road will include one lane in each direction and a center left turn lane, curb and gutter along with storm sewer, and a 10-foot sidewalk/bicycle trail along the south side of the roadway. The intersection at Pine Manor Drive and Industrial Park Drive will be aligned to allow for safe turning movements.

November, 2014 Redevelopment Staff Report Page 9 PROJECT UPDATE The INDOT-LPA Agreement needs to be submitted to the City Council and the Board of Public Works and Safety for approval, and then submitted to INDOT. American Structurepoint is currently under contract for the design engineering of this project. However, since Federal funds have been secured for this project, the scope of services with regards to the design engineering has been modified significantly, and an Agreement Amendment will be presented to the Board of Public Works and Safety for review and approval of the additional funds needed for the design phase of the project. The Engineering Department received information from MACOG that once the Transportation Improvement Plan (TIP) has been approved, the City will receive Federal funding for this project for the right-of-way acquisition and construction portions of the project.

PROJECT: KERCHER ROAD RETENTION AREA PROJECT DESCRIPTION Development of a plan for a stormwater retention area on the north side of Kercher Road, just east of the railroad tracks. This project will address some of the flooding problems in the Goshen Industrial Park. PROJECT UPDATE The City has begun conducting soil borings to determine the height of the water table and the type of soil conditions present in this area. Once these factors are determined, a design for the retention area will be completed by the Engineering Department. Property acquisition is now complete. This project has been put on hold until there are further discussions with Elkhart County about utilizing the soil in the Kercher Road Bridge Project.

PROJECT: PLYMOUTH AVENUE FOXBRIAR DRIVE WATER MAIN LOOP PROJECT DESCRIPTION The project will loop an existing dead-end water main on Foxbriar Drive into the existing water main on Plymouth Avenue. The water main loop will improve fire flow and water quality for the residential homes and businesses in the area.

PROJECT UPDATE The water main extension is designed, but a right-of-way/easement issue was encountered. The design calls for the placement of the new water main to be beneath the existing pedestrian path, along the south side of Plymouth Avenue. There is insufficient language to permit the water main to be placed within the existing easement; therefore, a new easement is required. Brads-Ko Engineering and Surveying has completed the easement description. Goshen Legal Department has completed the agreement and the Goshen Engineering Department needs to make the easement acquisition offer. Once the new easement is acquired, an INDOT permit will be sought and the project will go to bid. Anticipated bidding is fall 2014, assuming the easement can be acquired.

November, 2014 Redevelopment Staff Report Page 10 PROJECT: HORN DITCH TWO-STAGE FROM COUNTY ROAD 31 TO COLLEGE AVENUE (C.R. 38) PROJECT DESCRIPTION The industrial corridor between Kercher Road and College Avenue has been plagued with flooding from the drainage basin funneled into the Horn Ditch even before development occurred in the area. In 2005, the City and County developed a plan to take the existing ditch banks along Horn Ditch between County Road 31 and College Avenue and widen them to allow for the containment of the 100 year flood. Flood containment eliminates property damages and increasing the value of the industrial land. At the time, consensus between all the property owners could not be obtained and the project was shelved. Plans currently being developed by Supreme Corporation to consolidate operations have initiated new discussion and renewed interest in the two-stage ditch project. The engineering estimate was $1.3 million with a total project budget of $1.7 million dollar being considered for negotiation purposes. Public funding of $1 million dollars has been developed with another seven hundred thousand to come from private business along Horn Ditch. Businesses that participated in the construction project were offered reimbursement through TIF revenues from new development that occurs in the area. PROJECT UPDATE Agreements have been signed by Elkhart County, the City of Goshen and Forest River to complete the project. The last agreement to be signed is the one with Supreme Corporation. The project was put out for bid on May 23, 2014. Bids were received on June 17, 2014, and the lowest responsive and responsible bidder was Niblock Excavating with a bid of $1,257,710. Construction was slated to begin at the end of July and the County is still waiting as of August 6th for Niblock Excavating to mobilize. The project has an October 1st winter shutdown date with the balance of the work to be completed by the spring of 2015. The project funding is: Public Funding Sources Goshen Stormwater Board (grant) $200,000 Goshen Stormwater Board (loan) $150,000 County Drainage Board (grant) $250,000 County Stormwater Board (grant) $200,000 County Stormwater Board (loan) $200,000 Total Public Funding $1,000,000 Private Funding Sources* Forest River, Inc. $325,500 Supreme Corporation $374,500 Total Private Funding $700,000 GRAND TOTAL $1,700,000

The project will be bid through the Elkhart County Drainage Board, and their schedule is: May 19, 2014 Completion of erosion control plan May 19, 2014 Wage Rate Hearing May 22, 2014 Complete of project specification May 23, 2014 Construction plans made available June 10, 2014 Drainage Board public hearing June 10, 2014 Mandatory pre-bid meeting June 10, 2014 Goshen Redevelopment Commission to approve reimbursement agreements for Goshen Stormwater,

Elkhart County Stormwater, Supreme and Forest River June 17, 2014 Project bids received

November, 2014 Redevelopment Staff Report Page 11 June 20, 2014 Money placed in escrow account July 1, 2014 Construction to begin October 17, 2014 Winter shutdown June 2015 Project completion

Niblock Excavating has made good progress. The 2-stage ditch is complete south of Kercher Road and the contractor continues work north of Kercher Road. Winter shutdown will take place on October 17, 2014, and will resume in the spring when conditions permit.

PROJECT: FORMER WESTERN RUBBER SITE PROJECT DESCRIPTION In April 2014, the Redevelopment Commission issued a Request for Proposals to parties interested in redeveloping the former Western Rubber property. The remediation activities are complete at the site and we have received environmental closure.

PROJECT UPDATE One proposal was submitted to the Commission in May 2014 from Genesis Products. Their proposal includes a two phase development, with the initial phase being constructed in 2014 with a total investment of $2,000,000 and the second phase being completed within 5 years. Their offer is considered a qualified bid as they’re offering full asking price for the land. Genesis presented their plans to the Commission in June 2014 and a purchase agreement was approved by the Commission. They will be making application to the Board of Zoning Appeals for zoning variances for their development of the site in July and are actively working on construction plans at this time. Retention of stormwater is a site development problem yet to be overcome. Initial estimates provided by JPR to Genesis have the sites stormwater retention costs at $1 million. Because of 2014 complaints by existing businesses along Tenth Street, a direct release by Genesis into the storm sewer cannot be promised at this time. The Goshen Stormwater Department has purchased $30,000 of in pipe monitoring equipment and is waiting on the delivery of the order. The flow monitoring data will permit allow for the determination of available stormwater capacity. In the interim, alternative stormwater retention/detention options have been evaluated by the Goshen Engineering Department and they’ve compiled a report for Genesis detailing the options available. A meeting will be held with Genesis within the next few weeks to discuss this issue further.

PROJECT: HAWKS BUILDING PHASE II - BOUTIQUE HOTEL/ BREWPUB PROJECT DESCRIPTION Hawks 1886, LLC has proposed to develop the north end of the Hawks Building into a mixed-use project featuring a boutique hotel and brewpub. PROJECT UPDATE The Redevelopment Commission has approved a development agreement with Hawks 1886, LLC. The developer is purchasing approximately one-half of the building from LaCasa and has already received approval from the Plan Commission to modify the existing PUD to allow for a hotel on the site. The hotel market study has now been completed in partnership with the Elkhart County Convention and Visitors Bureau. The market study has been submitted as part of a loan application to potential lenders and is under review. If project financing can be secured, construction would likely start in the spring of 2015.

goshen redevelopment commission nov. 12, 2014

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