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(W <br />,BriarWooa Development Co., Inc. <br />R O. fox 1255 <br />0—el Indiana 46032 (317) 848 -7021 <br />November 4, 1992 <br />Mr. Michael A. Beitzsinger <br />CITY OF SOUTH BEND ECONOMIC DEVELOPMENT SPECIALISTS <br />County City Building <br />South Bend, Indiana 46601 <br />Dear Mike: <br />Thanks for meeting with me a week or so ago in going over our tax <br />abatement application. We would like to request abatement for a <br />ten (10) year period. Our total construction costs will be in <br />the three million to $3.2 million area. As you know we are <br />buildina affcrdable housing and we understand that this is under <br />the $4,000,000 required for ten year abatement, and thus we <br />qualify for six (6). However, there are some extenuating <br />circumstances. <br />First of all, we are building low income housing, with 100% set <br />aside for low income people as required by Section 42 of the <br />Internal Revenue Code. <br />Second, the land size available dictates the size of this <br />development, therefore, we were unable to reach the $4,000,000 <br />mark. <br />Third, part of the understanding we had with the Economic <br />Development Commission when we leased this land was that the land <br />would be subordinated to a first mortgage. <br />Due to idiosyncrasies in the bond documents when we obtained the <br />title policy, after we had already completed all our plans and <br />agreed to lease the ground, we found out that it is not possible <br />fcr the lease to be.subordinated to a first rortgage. This <br />creatad saveral problems in obtaining our loan and in fact has <br />delayed our construction by over three (3) months while we worked <br />out details. Basically, because of the fact that the loan is not <br />subordinated, I am required to escrow ten (10) years worth of <br />lease payments or $75,000 with the lender so that the lender <br />would have security not available as promised by the Economic <br />Development Commission.. The addition of four (4) more years of <br />phased in tax abatement could possibly help offset some of this <br />additional cost. <br />We understand that with South Bend Heritage Development that you <br />were able -to grant a waiver and allowed ten (10) years on the <br />abatement, and we would like to have the same consideration. <br />