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HomeMy WebLinkAboutDesignating Tax Abatement - 105 N. Niles Ave. - Niles/Washington LP f/b/o AM GeneralAttest: F RESOLUTION 3643 -06 Passed by the Common Council of the City of South Bend, Indiana September 25, 06 20 City Clerk A President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 26, 06 20 Approved and signed by me September 2 7. 1 20 .06 . 7, City Clerk D RESOLUTION NO. 3 �o� 3 -No A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OFSOUTH BEND, INDIANA, COMMONLY KNOWN AS 105 NORTH NILES AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (8) EIGHT -YEAR REAL PROPERTY TAX ABATEMENT FOR NILES/WASHINGTON LP f/b /o AM GENERAL WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 105 North Niles Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel E3 -3 and E34U. A part of Lots Numbered Forty -three (43), Forty-four (44), Forty -five (45), Forty-six (46), Forty -seven (47) and Forty-eight (48) of the Original Plat of the Town of Lowell, now a part of the City of South Bend, together with that portion of the vacated 14 -foot alley lying between Lots 45 and 46, said tract being more particularly described as follows: Beginning at a point 11.00 feet West of the Northeast corner of Lot 43 in said plat; thence South 00 °06'00" West, parallel and 11 feet West of said West line of Niles Avenues, 409.94 feet to a point on the South line of Lot 48 in said plat, 11.00 feet West of the Southeast corner thereof; thence North 89 °45'24" West, along said South line, 118.15 feet; thence North 00 °04'38" East, 211.66 feet to a point on the South line of Lot 45 in said Plat; thence South 89 °56'31" East, 29.29 feet; thence North 00 °05'44" East. 198.04 feet to a point on the North line of Lot 43 in said Plat; thence South 89 °54'00" East, along said North line, 89.00 feet to the place of beginning. Also, a parcel of land being a part of Lots 43 through 48 and the adjacent vacated 14 -foot alley all in the Original Town of Lowell, now City of South Bend, Indiana, and being more particularly described as follows: Beginning at the Northeast Corner of said Lot 43; thence South 0 °06'00" West (bearing assumed) along the West right -of -way line of Niles Avenue, a measured distance of 409.94 feet to the Southeast Corner of said Lot 48; thence North 89 045'24" West along the North right -of -way line of Washington Street, a measured distance of 11.00 feet; thence North 0 °06'00" East parallel with said West right -of -way of Niles Avenue, a measured distance of 409.91 feet to the South right -of- way line of Colfax Avenue; thence South 89 °54'00" East along said South right -of -way, a measured distance of 11.00 feet to the place of beginning containing 4,509 square feet, more or less. Subject to any easements, covenants, or restrictions of record. Parcel E9 -11. A parcel of land being Lots 95 and 96 and the East 65 feet of Lot 94 in the Original Plat to the Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the Southwest corner of said lot 96; thence North 0 °00'00" East (bearing assumed) along the East right -of -way line of Niles Avenue a distance of 131.72 feet to the Northwest corner of said lot 95; thence North 89 °57'00" East along the North line of said lot 95 a distance of 100.95 feet; thence North 0 °04'55" West a distance of 65.92 feet to the North line of said lot 94; thence North 89 °54'56" East along said North line of distance of 65.00 feet to the Northeast corner of said lot; thence South 0 °04'56" East along the East line of said lots a distance of 197.89 feet to the South line of said lot 96; thence North 89 °58'41" West along said South line a distance of 166.14 feet to the place of beginning containing 26,175 square feet (0.601 acres) more or less. Subject to any easements, covenants, or restrictions of record and which has Tax Key Numbers 18 -5004- 0079.01 and 18 -5004 -0072, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (8) eight years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12g se q. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the C on Council Filed to Clark's Cfiiic3 SE° - . i� PRESENTED C( - NOT APPROVED ADOPTED 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9371 FAX 574/235 -9021 TDD 574/ 235 -5567 August 31, 2006 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SHARON T. KENDALL Council Member Roland Kelly, Chairpe sonUTIVE DIRECTOR Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: NILES/WASHINGTON LP f/b /o AM GENERAL Dear Council Member Kelly: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above - referenced petitioner for expansion of and construction of a facility located at 105 North Niles Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Niles/Washington LP proposes to construct a 17,500 square foot addition and to make 5500,000 of improvements to the existing building of over 30,000 square feet. The total cost of the project is estimated to be $2,509,000. Niles/Washington LP is seeking an (8) eight -year real property tax abatement, and a representative of Niles /Washington LP will be available to meet with the Committee on Monday, September 11, 2006. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5825. Sincerely, Sharon Terrell Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Sharon Kendall Don Inks Bill Schalliol COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 1200 COUNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAX 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC .DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR TAX ABA TEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: SHARON TERRELL,JJ SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: NILES/WASHINGTON LP f /b /o AM GENERAL DATE: August 31, 2006 On August 14, 2006, a petition for real property tax abatement consideration for property located at 105 North Niles Avenue was filed with the City Clerk by Niles /Washington LP. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY The Niles Avenue office is AM General's corporate headquarters. AM General is a major supplier to the U.S. military of personnel vehicles and a builder of sport utility vehicles (SUVs) for General Motors. The company plans to construct a 17,500 square foot addition and make improvements to the existing building of 35,000 square feet. The construction of the new addition and improvements to the existing office building will allow AM General to remain in South Bend with space to grow as the market dictates. The estimated cost of the addition is $2,009,000 and improvements to the existing building of approximately $500,000. Total taxes to be abated during the (8) eight -year abatement period is estimated at $388,942. Total taxes to be paid during the (8) eight -year abatement period is estimated at $299,450. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 South Bend Common Council RE: Tax Abatement for Niles /Washington LP August 31, 2006 Page 2 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create (11) eleven new, permanent, full -time jobs representing anew annual payroll of $800,000. The project will also maintain one hundred four (104) existing, permanent, full -time jobs and one (1) existing, permanent, part-time job representing an annual payroll of $9,800,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the South Bend Central Development Area which is a Tax Incremental Allocation Area and, also, the East Bank Development Area (as listed in the Tax Abatement Guide); therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does meet the qualifications for an (8) eight -year real property tax abatement under Section 2 -78.1, Office Developments within the East Bank Development Area and Tax Abatement Impact Areas. Tax Abatement Schedule prepared for: 31- Aug -06 NILESMASHINGTON LP d /b /a AM GENERAL South Bend Portage Township 8 Year Real Property Abatement Schedule* ' - This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Total estimated Project Cost: $2,509,000 Base Assessed Value: $2,132,650 (base assessed value is estimated at 85% of project cost) Assume constant tax rate of: 5.1524% Assume constant SRTC of: 21.6906% Assessed Gross Less Net Percent Tax Tax Year Value Tax SRTC Tax Abated Abated Paid 1 $2,132,650 $109,883 $23,834 $86,049 100% $86,049 $0 2 2,132,650 109,883 23,834 86,049 88% 75,723 10,326 3 2,132,650 109,883 23,834 86,049 75% 64,537 21,512 4 2,132,650 109,883 23,834 86,049 63% 54,211 31,838 5 2,132,650 109,883 23,834 86,049 50% 43,025 43,024 6 2,132,650 109,883 23,834 86,049 38% 32,699 53,350 7 2,132,650 109,883 23,834 86,049 25% 21,512 64,537 8 2,132,650 109,883 23,834 86,049 13% 11,186 74,863 $688,392 $388,942 $299,450 Total Taxes Due During Abatement: $688,392 Total Taxes Abated During Abatement: 388,942 Total Taxes Paid During Abatement: 299,450 ' - This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. NILES/WASHINGTON LP d /b /a AM GENERAL Public Benefit Points Summary " Qualify Earned Public Benefit Item: Y or N Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N 0 B. Develop Based on Local University Research N 0 C. Achieve a Physical Element of a Plan Y 36 Sub -total Project Related: 36 2. Super Size Proiects (point values are cumulative):_ A. 100% to 199% Y B. 200% to 299% Y C. 300% to 399% Y D. 400% and Over Y Provide Health Benefits Sub -total Super Size Projects: 3. Construction Related: A. Employ Local Companies Y B. Purchase Materials from Local Companies Y C. Require Employees vs. Independent Contract( Y D. Require Target Wage Levels Y E. Require Health Benefits Y F. Require Pension Benefits Y G. Maintain Affirmative Action Plan N 25 68 65 52 i1 4111 20 20 19 22 22 18 0 33 34 29 0 0 0 0 96 42 41 0 0 83 0 0 0 0 0 0 546 31- Aug -06 Available Points 49 35 36 120 25 68 65 52 210 20 20 19 22 22 18 20 141 33 34 29 28 15 14 9 162 42 41 35 34 152 14 26 39 52 131 84 1000 ' Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Sub -total Construction Related: 4. Wage & Benefit Related: A. Pay Target Wage Levels Y B. Provide Health Benefits Y C. Provide Pension Benefits Y D. Provide Training N E. Provide Child Care N F. Provide Transportation Assistance N G. Provide Employer Assisted Housing program N Sub -total Wage & Benefit Related: 5. Workforce Related: A. Create New Jobs- Y B. Retain Existing Jobs Y C. Maintain Affirmative Action Plan N D. Provide Targeted Hiring Preference N Sub -total Workforce Related: 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N B. Pay for 26 -50% of Extension Cost N C. Pay for 51 -75% of Extension Cost N D. Pay for 76 -100% of Extension Cost N Sub -total Infrastructure Related: 7. Support a Municipal Facility: A. Support a Municipal Facility N Total Public Benefit Points: 25 68 65 52 i1 4111 20 20 19 22 22 18 0 33 34 29 0 0 0 0 96 42 41 0 0 83 0 0 0 0 0 0 546 31- Aug -06 Available Points 49 35 36 120 25 68 65 52 210 20 20 19 22 22 18 20 141 33 34 29 28 15 14 9 162 42 41 35 34 152 14 26 39 52 131 84 1000 ' Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. NILESNVASHINGTON LP d /b /a AM GENERAL Additional Years of Abatement Multi - family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Proiects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 546 Base Years of Abatement Additional Years of Abatement: 5 Total Years of Abatement: 8 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owners) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et seq., and South'Bend Municipal Code Sec. 2-76-et seq., for this petition states the following: . 1. Describe the proposed redevelopment or rehabilitation - project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to-the importance of the project to your business: Addition -of 17,500 square feet.of office. This allows AM General to remain-in South Bend with space to grow as market dictates. The iease'is -for 15 months. existing addition Land Size 2.0334 acres; Building Size35,000 + 17,500 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): The Niles Avenue office is AM General's corporate headquarters. The normal functions of a corporate headquarters will be performed at this site. AM General is a major supplier to the U.S. Military of personnel vehicles. AM General also builds SUV's for General Motors. 3. Estimate the dollar value of the project (excluding land): $ 2,009, 000 for building expansion plus additional improvements to existing building of appx. 4. The current assessed valuation of the real property before rehabilitation,$1,000,000. redevelopment, economic revitalization, or improvement: $ 2,065,000 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned (Rev 8/11/03) 1 or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST ( %) Niles /Washington LP 227 S. Main St.,Ste. 300 100% P.O.Box 1331, South Bend, IN 46601 (b) . The following other person(s) lease, intend to lease, or have an option to buy the Property .(include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST( %) AM General 105 N. Niles Avenue South Bend, IN 46617 6. - The commonly known address of the Property is: 105 North"Niles Avenue, South Bend, IN 46617 7. The Key Number(s) of said property is: 18- 5004 - 007901 & 18- 5004 -0072 100$ 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. 9. A map and /or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. 11. The redevelopment or rehabilitation project itself will create 11 full -time and 0 part-time permanent jobs within the first year, representing a new annual payroll of $ .8 million and will maintain 104 existing permanent full -time and 1 existing permanent part-time jobs including existing permanent full -time minority employment of 12 and existing permanent part - time minority employment of o with an annual payroll of $ over $9.8 million. 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): individual salary information is considered confidential; salary information is based on specific grade levels and mid -point (Rev8/5�jjry ranges. Company anti ipates $.8 million increase within one year without consideration of bonus or profit sharing. 13. Provide current employmerit wage information including; base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements (average hourly rate or. range): 14. Indicate whether your - company provides the following benefits (use Y /N): Y Health Care Benefits Y Pension Plan Y Employer Provided Training (recognized or certified training /educational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) N Employer- Assisted Housing Program (provide an employer- assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes 01 $ 85,132 0 02 88,096 0 (Rev 8/11/(%� 93,591 3 0 04 92,001 0 05 96,827 0 Full -Time Part-Time Laborers $ N/A $ Technical $ 1.1 million $ Managerial $ 7.0 million $ Adrninistrative $ 1.7 million_ $ 25,000. 14. Indicate whether your - company provides the following benefits (use Y /N): Y Health Care Benefits Y Pension Plan Y Employer Provided Training (recognized or certified training /educational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) N Employer- Assisted Housing Program (provide an employer- assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes 01 $ 85,132 0 02 88,096 0 (Rev 8/11/(%� 93,591 3 0 04 92,001 0 05 96,827 0 (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full -time and part -time minority employees for each of the last three years: Year 6/06 6/05 6/04 Full Part Full Part Full Part -Black 10 - 8 - 7- - Hispanic 1 - Asian: 1 Indian .0 _ - 0 - 0 - Other o - 0 -0. - 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Yes. AM General is subject to E011246 and reports its affirmative action plan combined for all its local operations. Goals and objectives are not available by location. 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235 -9335 for information on this section): No Conversion to residential use of a commercial "Eligible Building" as designated by the Community & Economic Development Dept. No Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. NO Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department NO Pays for the cost of cleaning up a "Brownfield," which is any site, building facility or complex that has been designated a brownfield by the (Rev 8/11/03) 4 Community and Economic Development Department. No Achieves a physical element identified in a development or revitalization plan that has been approved by the Council ness based upon licensing intellectual property from research 19. Is your busi conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): NO 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? . M 21. -Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): NO 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is Correct (Rev 8/11/03) 5 verification of this statement) 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group wi thin which the proposed project would be classified, by number and description: NAICS- 551114 Corporate, subsidiary, and regional managing offices. The Internal Revenue Service Code of Principal Business Activity by which the 26. . proposed project would-be classified, by number and descnptlon: 561110 - office Administrative Services General office and the 27. The current use of the Property is (height and' area). current zoning is (use) *and , (This information may be obtained from the Building Department 235- 9554). 8. Has our business been granted previous tax abatement(s)? If yes, please 2 y and date-of approval. provide. type (real and /or personal property) Yes - May 1989 rial 29. Other anticipated public financing for the project including, f anthroughtthe revenue- bonding to be sought or already authorized, United States Department of Housing and Urban Development funds from the 4 financing City of South Bend, Small Business Association of South Bendand ishawaka, and through the Business Development Corporation St. Joseph County, Indiana, Industrial Revolving Fund, Development; Corporation, Corporation for other public financial assistance, including but not limited to public works improvements. NO 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: (Rev 8/11/03) 6 Name: Timothy A. Baker Executive V.P. Holladay Properties Address: 227 S. Main St., Suite 300 City, State, Zip: South Bend, IN 46601 Telephone: 57.4- 234 -2073 ext 22 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (E f employee is and sign the ETS form attached to the p etition warehouse or industrial developments. Name: N/A Address: City, State, Zip: Telephone: WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein erty tax to be an economic revitalization area for p atioon of of notace I real publi �phearing, abatement consideration, and after public determine qualifications for an economic revitalization area have been met, and confirm such- resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. (Rev 8/11/03) Name of Property Owner(s): NILES WASHINGTON ASSOCIATES ( gned Name) John T. Phair, General Partner (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) 7 Filed In Clerk's Office AUG 1 4 2006 JOHN VOORDE CITY CLERK, SO. BEND, IN. 22. In the following chart please indicate companies that were used for purchasing materials used in the construction or rehabilitation associated with the project. Include the location of the company, description of the materials, and cost of the materials. Additional information may be requested for verification of this information, (If more space is needed, please photocopy this page) Name and Address of Comnanv nescrintinn of Mnterink Cnct of Mnfi rink contractors and Suppliers to be Determined after Design and Bidding Phases are complete. 0 W N W r s (Rev 8/11/03) 8 z P w w, m 10.7 � W C 4 U. 23. In the following chart please list the companies that will be used for the construction or rehabilitation associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; indicate whether- or not 100% of the workers are employees of that company or independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether'or not the company maintains an affin- native action plan or other similar plan to achieve racial diversity. Additional information may be requested for verification of this information. (If additional space is needed, please photocopy this page). Construction Company Cost of All Workers Name and Address Work Employees or or independent contractors Pay Contribute Contribute Maintain Wage 'to a to-a Affirmative Rate Health : Pension. Action ( /n) Plan ( /n) Plan (/n Plan ( /n) Dynamic Mechanical $435,000 Contractors Y Y Y Martel Electric $140,000 Y Y Y. Steel Qwest $200,000 Y Y Y. Ziolkowski Constructio $ 65,000 Y Y Y Ideal Interiors $500,000 Y Y. Y Harmon $135,000 Y Y Y Kone Elevator $ 66 , 00 Y Y Y Q C. i VFP Fire System $ 45,00 " Y Y Y N Midland Engineering $ 30,OOC Y Y Y L L Geans $120,00 C N Y Y -� U. ** All subject to Chan e at bi time. (Rev 8/11/03) 9 z Q0 ra 0 o w N m O s z c-D a � U Q U 4 6 t RESOLUTION N0. 1W9 -'70 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 115 N. NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 10 YEAR REAL PROPERTY TAX ABATEMENT FOR NILES /WASHINGTON ASSOCIATES. . WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within. the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and . WHEREAS, a Declaratory Resolution designated the area commonly known as 115 N. Niles Avenue and which is more particularly described as follows: LEGAL DESCRIPTION PARCEL E3 -3 AND E3 -4 A part of Lots Numbered Forty -three (43), Forty -four (44)_, Forty -five (45), Forty -six (46), Forty -seven (47) and Forty -eight (48) of the Original Plat of the Town of Lowell, now a part of the City of South Bend, together-with that portion of the vacated 14 foot alley lying between Lots 45 and 46, said tract being more particularly described as follows: Beginning at a point 11.00'feet West of the Northeast corner of Lot 43 in said plat; thence South 000 06'-00" West, parallel and 11 feet West of said West line of Niles Avenue, 409.94 feet to a point on the South line of Lot 48 in said plat, 11.00 feet West of the Southeast corner thereof; thence North 890 45' 24" West, along said South line, 118.15 feet; thence North 000 04' 38" East, 211.66 feet to a point on the South line of Lot 45 in said Plat; thence South 890 56' 31" East, 29.29 feet; thence North 000 05' 44" East, 198.04 feet to a point on the North line of Lot 43 in said Plat; thence South 890 54' 00" East, along said North line, 89.00 feet to the place of beginning. Also, A parcel of land being a part of Lots 43 through 48 and the adjacent vacated fourteen foot alley all in the Original Town of Lowell, now City of South Bend, Indiana, and being more particularly described as follows: Beginning at the Northeast Corner•of said Lot 43; thence-South 00 06' 00" West (Bearing Assumed) along the West right -of -way line of Niles Avenue, a measured distance of 409.94 feet to the Southeast Corner of said Lot 48; thence North 890 45' 24" West along the North right -of -way line of Washington Street, a a measured distance of 11.00 feet; thence North 00 06' 00" East parallel with said West right -of -way line of Niles Avenue, a measured distance of 409.91 feet to the South right -of -way line of Colfax Avenue; thence South 890 54' 00" East along said South right -of -way line, a measured distance of 11.00 feet to.the place of beginning containing 4,509 square feet, more or less. Subject to any easements, covenants, or restrictions of record. PARCEL E9 -11 A parcel of land being Lots 95 and 96 and the East 65 feet of Lot 94 in the Original Plat to the Town of Lowell, now City of South Bend,-Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwest corner of said lot 96; thence North 00 00' 00" East (Bearing Assumed) along the East right -of -way line of Niles Avenue a distance 131.72 feet to the Northwest corner of said lot 95; thence North 890 57' 00" East along the North line of said lot 95 a distance of 100.95 feet; thence North 00 04' West a distance of 65.92 feet to the North line of said lot 94; thence North 890 54' 56" East along said North line a distance of 65.00 feet.to the Northeast corner of said lot; thence South 00 04' 56" East along the East line of said lots a distance of 197.89 feet to the South line of said lot 96; thence North 890 58' 41" West along said South line a distance of 166.14 feet to the place of beginning containing 26,175 square feet (0.601 acres) more or less. Subject to any easements, covenants or restrictions of record. EXHIBIT A of 55" rJ w- ® CO 0 c Nvu`a al V O U 't3 Gi LL. South Bend Tax Abatement Ordinance Overview Procedures and General Standards - Abatement in-Tiers South Bend's Abatement Program is a program which awards a base level of abatement for any project that meets certain base level development standards. Additional years of abatement may be added to this base, providing the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Area New Const. Rehab. Add -On? Base Yrs Multi- Family Citywide $1,000,000 $250,000 Yes 3 Single Family City wide -Any n.a. No 5 Office CBD 15,000 sf 5,000 sf Yes 3 Office . EBDA, TAIA 7.500 sf 5,000 sf Yes 3 Retail CBD, EBDA, TAIA Any Any Yes 3 Retail UEZ - Any Any Yes 3. Mixed Use CBD 15,000 sf 5,000 sf Yes 3 Mixed Use EBDA 7,500 sf 5,000 sf Yes 3 Institutional CBD, EBDA, UEZ Any Any Yes 3 Hotel /Motel CBD,EBDA,AEDA 20 rooms n.a. Yes 3 Industrial City -Wide 10,000 sf 10,000 sf Yes 3 Industrial UEZ, RBA Any Any Yes 3 Warehouse City -wide 25,000 sf 25,000 Ycs 3 Warehouse EDTA, UEZ, RBA Any Any Yes 3 Manuf. Machinery (Personal Property) City Wide Any None I No 5 Definitions of Area Abbreviations Airport Economic Development Area East Bank Development Area Redevelopment Blighted Areas Urban Enterprise Zone Additional Base Abatement Criteria Central Business District Economic Development Target Areas Tax Abatement Impact Area The project must be perceived to generate a ten -year financial return (in taxes, fees, pmts, community econ & social benefits...) sufficient to justify the City's direct investment in infrastructure support. A Memorandom of Agreement is executed which speaks to: o The conditions of the abatement ierles 01�iCe o The timeframe for actions FtIC lit o An agreement to respond to surveys related to compliance 4 20�� o An agreement grant access related to compliance inspections ��G o Any events that might cause termination or payback actions The applicant must be current in their taxes. Inn VOOROI� C►T,� ., BcN7 There must be no pattern of local, state or federal law or regulatory violations Page Two South Bend Tax Abatement Ordinance Add -On Abatement One to seven additional years abatement may be considered for projects achieving the following total Public Benefit Points: Issue Points Project Related Issues Redevelop a site which has special. needs (Special residential conversions, historic buildings, problem properties, brown -field clean -up) 49 Business activity which is based upon the commercialization of university research 35 Projects that accomplish a physical element in a development or revitalization plan 35 Super-Size Development Actions (For exceeding base$ orsquare footage criteria) Cumulative! 100 to 199% 25 200% to 299% 68 300% to 399% 65 400% and over 52 Construction Related Employ local companies for at least 75% of construction work. (Reasonably available locally) 20 Purchase 75 % of materials locally (Of that which is reasonably available locally) 20 100% of construction workers are employees (not Independent Contractor) (Taxpayer ID key) 19 Pay 100% of Construction Workers US DOL, Davis Bacon Wages 22 All Contractors must pay toward health plan 22 All contractors to pay toward retirement plan 18 Require Racial Diversity, as evidenced by an Affirm Action Plan 20 Wage & Benefit Related Actions Pay Average of 100% of Mean Hourly Wage per DOL BLS Metro Wage Est. for SB Metro Area 33 Contribute toward health plan 34 Contribute to pension or retirement plan 29 Provide training to employees 28 Provide day care (assistance) 15 Provide Transportation Assistance to lower income employees 14 Employer- assisted Housing to lower inc employees 9 Work Related Actions Create new jobs 42 Retain Existing Jobs 41 Maintain Affirm Action Plan 35 Use Targeted Hiring Preferences (from targeted Census tracts) 34 Pay for extending or over sizing municipal infrastructure Over sizing 14 Pay 26 to 50 % of extension 26 Pay for 51 to 75 % of extension 39 Pay for 76 to 100 % of extension 52 Page Three South Bend Tax Abatement Ordinance Public Benefit Points and thresholds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Multifamily Development Projects From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 31.0 351 5 352 393 6 394 & over 7 All Other Development Projects From To Additional Years 0 300 — 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 & over 7 File l► G -iflve J-0 1, V00 gEt:D,114. r CLEny S0. Additional Requirement All petitioners seeking real property tax abatement for industrial or warehousing developments must agree to work with Workforce Development Services of St. Joseph County when developing plans and recruiting for employment positions created. � 4 _ ♦ _ a .a,�`� -''J� s «''"�w_$!� Ra y� �� ys ;•' ���Ssul�r�r�i���'��'�'Sls � 1t • - t`R - �,. -vat ",'.�v ,* '�a. `, /ttrr -��i ,r -, ,. IGC, a.iP�°"'� ..,._ - -. . >� �` - �. _. � »1%r7b�..er6'.�!•'SKr�' a °�.'�.•,Y tv�. • '"'� =' .a+"wr �s:,. . . v W " WRINNIN do o p,au WV ' i, a;t +cam EXHIBIT B Fil in Ctetl's Qfic U.S. HIGHWAY 20 (COLFAX AVE.) — 82.5' R/M (ASPBALT SURFACE WICURB d CUZTBR) (35' B.C. - B.C.) — — NK' I h� I I •(110.13 I lel' (ipi 45 I - C�0 1➢1T 3' A•MKr PMIq uN • - M1Elt VALVE ■ . STORY NET a■■A . l2,rae.at sa. Pr. I '� _ 44 • I pscORDED Doc. g • xa. a -OeT9e 8 lir0000__ I — — — — ARCEL i I .274 AC. r 3 -STORY RECaRDED Doc. '^ - II- (VACATED ALLELI I N.erae'34i I •(110.13 - NANdCAPPID PN901C lel' (ipi 45 I - C�0 1➢1T 3' A•MKr PMIq uN • - M1Elt VALVE ■ . STORY NET a■■A . l2,rae.at sa. Pr. F. B IeEPHONE PEDESTAL nicer . ae.s1 rar • � lir0000__ } - YWf 51RVCNRE __ I ■ 7 3 -STORY RECaRDED Doc. • OFFICE BUILDING �, 8,W012 pECapDED Dac. 47 I I I - II- -R—M- � iFNCE L8 N.erae'34i I •(110.13 - NANdCAPPID PN901C lel' (ipi _ — y� - C�0 1➢1T 3' A•MKr PMIq uN • - M1Elt VALVE ■ . STORY NET � ❑A Q B IeEPHONE PEDESTAL TEO WASNINOTON Sl } - YWf 51RVCNRE �r��. ■ 7 • \ • nt w ■ MNAL YEA9N0 0111pL90H5 pECapDED Dac. N0. 90gg1 SWTM SEND REDEVELOPMENT AUTHORITY - F-------- - - - - --1 r -� - -- P.O.B. I I I I I I I I I st I I I I I I I I I I I I I I I L-------- - - - - -J L -1 - -- I I I LASALLE ENTERPRISES LLC i i PARK 1000 L AI■YEONO C day L--- - - -- -V —UR— CEI J - - - - -- I1L' ALLEY - ORAVEL SRFA l_, SN]■ZYR la•M' (teL007 r.•p Jr h R 8 94 uW.l 1000 PARCEL Q 0.740 AC. A•rA�PAtgq D $ 1� IILI j' �I I� 1 I I ' t — 1 1 1 1 1 I* 95 0 yl rr_r • .-- � nae3R'tey. .rA. WASHINGTON STREET — 82.5' R/IF (CONCRSTS : BRTCr SBR/ACr r /CURB t WffZa) (64.3' B.C. — B.C.) ea■aaer ��...�M•i.s~ nmw rw�iwr A.s w.r w.w s ti� x •A.r "a ._ ra _• r.s . tAn r .. w r A.s tra i1®� O+t•• tF rrw a•w u—A w saws trr K acRq c AAA. « —wr. wtr «9r n..s. •t trnr �,Ay «•,N_rtrwAl,wrM_rr I1,lIMTwi ., 1... Fr.l lr.r «Mr.,i_I w.M. le•N. (0.w,e, rrr q 1R� bo'ttu•az mover - an ar ton, tm - is ttm Am.tpa■ • AWA eAa',�'rnan °r¢r'�an� 'emu ./* - IL• Vs Am••ao � ��rtR r roar. I l,p.m -1LVr • •• Antm,tVA MrarAm Am•tota• - ee r¢r R 101 w o° �I `I I SANTA MAMA COMCL 553 KMNNITS OF L IS �SCALE IN FEET: I 0 60 m°YR1.e Aomiwci°.a"m'"tu'°'iuo s �rcr'"°" 1 :row"°O1'c Aina a •■,N to tr wsnrt. q •art ar ns•a tPm �� q sKVa n• ut•ars tN.r •.Y s tton, _ srna mxtw u' i v a m —1w 17 t a.n 9� AR•3 1% R TO YIrvE—tO -I —wi K Mr NO � nvry a m4 I;= W. M INt M OR V q taNrAn i i�wuf. tsanba. tw at mmw,co LEGEND p Fpt POIAp - II- -R—M- � iFNCE O - nAA •/DISC faro - ESE —E_ � 9tgElItl10U10 POpVI l»1E - NANdCAPPID PN901C _f —T —T- - UIaFAORpINO TFIEPIIICfC l■1E ■■� . NO PARaxO AREA - C�0 -0_ � VIaFAp10tM0 OAS ILIE • - M1Elt VALVE ■ . STORY NET � —•— •` � •AIEA LK B IeEPHONE PEDESTAL IN') NOICAIES MCXES A•01E (e m 9ELM (-1 CpOUrID SINiE� } - YWf 51RVCNRE ALL 0 ARE fLU9l O VATW YE l ( ) - p�f S TS NATT m FMN A PoNER POLE MNAL YEA9N0 0111pL90H5 i A:+r r•.9°.e �"• •N .9AesaAnot rNwd r rri•. ti rNwr`«w_ «.r•w •rA rl•} L Agnl4 "q Mq «t. rtr'rr''A Y.�> arwr lrw� AqA •�"r as � �r'q 0.'r rr w rw� 4H r r�wq _ r w •r�w.,« .� r w•MyM�wtrr «'�. W tir r «.P� r w• rM w+•b r Parr H tti A_r W •r y,,,,1 rw..N w.w r _ w. rM P_wr r tw w• w. N.a..•.rrH... «.« •"wiw r i'0. M w.t. FIL %r.. awe; «:.wyw: •r"r:.�r.. •t�.r i� i� SITE AM GENERAL 105 N. NILES AVENUE SOUTH BEND, INDIANA S. ALTA / ACSM LAND TITLE SURVEY 1' -3W 1b -08 -OS ICiES ROP riK P k 31 A AY TR3 -p S M Rltr TV-M( PALM 1, ASSOCIATES, @IC. eeae A •0. P.0. •.s MO ■.. ...u+.. 1.. •sees In•1 ee• -ova