HomeMy WebLinkAbout4811-19 Confirming Real Property Tax Abatement for Five Corners, LLC Filed in Clerk'S
,p.1 Office
`` APPLICATION FOR DEDUCTION FROM ASSESSED VALUATI t N y 20 24,
• f, OF STRUCTURES IN ECONOMIC REVITALIZATION AREAS(E• ) APR �r�
State Form 18379(R14/6-16) FORM
Prescribed by the Department of Local Government Finance
DAWNMJO'NES
INSTRUCTIONS: CITY CLERK,SOUTH BEND,IN
1. This form is to be filed in person or by mail with the County Auditor of the county in which the property is located.
2. To obtain this deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation(or
new assessment)is made,or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed alter April 10.If the
property owner misses the May 10 deadline in the initial year of assessment,he can apply between January 1 and May 10 of a subsequent year for the
remainder of the abatement term.(Sea also IC 6-1.1-12.1-11.3 concerning the failure to file a timely application.)
3. A copy of the Form 11,the approved Form SB-1/Real Property,the resolution adopted by the designating body,and the Form CF-i/Real Property must
be attached to this application.
4. The Form CF-1/Real Property must be updated annually and provided to the County Auditor and the designating body for each assessment year in which
the deduction is applicable.
5. Please see IC 6-1.1-12.1 for further instructions.
6. Taxpayer completes Sections 1,II and Ill below.
7. If property located in an economic revitalization area is also located in an allocation area as defined in IC 36-7-14-39 or IC 36-7-15.1-26,an application for
the property tax deduction may not be approved unless the Commission that designated the allocation area adopts a resolution approving the application
(iC 6-1.1-12.1-2(k)).
8. Except for deductions related to redevelopment or rehabilitation of real property in a county containing a consolidated city,a deduction for the
redevelopment or rehabilitation of real property may not be approved for the following facilities(iC 6-1.1-12.1-3):
a. Private or commercial golf course j. Any facility,the primary purpose of which is(a)retail food and beverage
b. Country club service;(b)automobile sales or service;or(c)other retail;(unless the
c. Massage parlor facility is located in an economic development-target area established
d. Tennis club under IC 6-1.1-12.1-7).
k. Residential,unless the facility is a multi-family facility that contains at
e. Skating facility,including roller skating,skateboarding or ice skating least 20%of the units available for use by low and moderate income
f. Racquet sport facility(including handball or racquet ball court) individuals,or unless the facility is located in an economic development
g. Hot tub facility target area established under IC 6-1.1-12.1-7,or the area is designated
h. Suntan facility as a residentially distressed area which is required to meet conditions as
cited in IC 6-1.1-12.1-2(c)(1&2).
i. Racetrack I. Package liquor store jsee IC 6-1.1-12.1-3(e)(12)J
SECTIO►J,IESCRIRION OF PRPERTY ,
The owner hereby applies to the County Auditor for a deduction pursuant to IC 6-1.1-12.1-5 beginning with the assessment date January 1,20 23 .
County Township DLGF taxing district number Key number
St.Jospeh Portage 018-5094-3318
Name of owner Legal description from Form 11
Five Corners LLC Lot 1 Corby Blvd and SB Ave Minor Sub
Property address(number and street,city,state,and ZIP code) Date of Form 11(month,day,year)
1130 E. South Bend Ave. South Bend, IN 46617 not yet received
Type of structure Use of structure
mixed use mixed use
Governing body that approved ERA designation Date ERA designation approved(month,day,year) Resolution number
Common Council 10/28/2019 4811-19
SECTION II-VERIFICATION OF OWNER OR REPRESENTATIVE
Signature of owner or representative(t hereby certify that the representations on this application are true.) Date signed(month,day,year)
CC h ixe4/13/2023
Printed name of owner or represents ve Address(number and street,city,state,and ZIP code)
Anne Hayes 814 Marietta St.South Bend, IN 46601
SECTION III-STRUCTURES AUDITOR'S USE
A.Rehabilitation structure 1.Assessed valuation AFTER rehabilitation $
2.Assessed valuation BEFORE rehabilitation $
3.Difference in assessed valuation(Line 1 minus Line 2) $
4.Assessed valuation eligible for deduction $
(for the increase in A/V from the rehabilitation,not including
the increase In AN from the reassessment of the entire
structure) H
B.New structure 1.Assessed valuation $ HrnV2 not yt-/- re u I V. c{
2.Assessed valuation eligible for deduction $ f m I I, 1
SECTION IV-VERIFICATION OF ASSESSING OFFICIAL
I verify that the above described structure was assessed and the owner was notified on ,with the
effective date of the assessment being January 1,20 ,and that the assessed valuations in Section III are correct.
Signature of assessing official Printed name of assessing official Date(month,day,year)
Page 1 of 2
SECTION V-FOR AREAS EXCEPT FORA RESIDENTIALLY DISTRESSED AREA WHERE THE STATEMENT OF BENEFITS WAS
. ,... . . ,, APPROVED BEFORE JULY 1,2013.;6 DED JCTION SCHEDULE PER IC 6-1.1.12.1-17 ,.
YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE/DEDUCTION* YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE/DEDUCTION**
(1)For deductions allowed over a one(1)year period: (8)For deductions allowed ever a eight(8)year period:
1 20_pay 20_ $ 100% * % $ 1 20 pay 20_ $ 100% " % $
(2)For deductions allowed over a two(2)year period: 2 20 pay 20 $ 88% * % $
3 20 pay 20 $ 75% * % $
1 20_pay 20_ $ 100% * % $ 4 20_pay 20_ $ 63% *_% $
2 20_pay 20_ $ 50% *_% $ 5 20_pay 20 $ 50% * % $
6 20_pay 20_ $ 38% * % $
(3)For deductions allowed over a three(3)year period:
7 20_pay 20_ $ 25% * % $
1 20_pay 20_ $ 100% *_% $ 8 20_pay 20_ $ 13% *_% $
2 20_pay 20_ $ 66% *_% $
3 20_pay 20_ $ 33% * % $ (9)For deductions allowed over a nine(9)year period:
1 20_pay 20_ $ 100% * % $
(4)For deductions allowed over a four(4)year period:
2 20_pay 20_ $ 88% * % $
1 20_pay 20_ $ 100% *_% $ 3 20_pay 20_ $ 77% * % $
2 20_pay 20_ $ 75% *_% $ 4 20_pay 20_ $ 66% * % $
3 20 pay 20_ $ 50% *_% $ 5 20_pay 20_ $ 55% * % $
4 20 pay 20_ $ 25% *_% $ 6 20_pay 20 $ 44% * % $
(5)For deductions allowed over a five(5)year period: 7 20_pay 20_ $ 33% '_% $
8 20_pay 20_ $ 22% '_% $
1 20 pay 20_ $ 100% *_% $ 9 20_pay 20 $ 11% * % $
2 20_pay 20 $ 80% * % $
3 20_pay 20_ $ 60% * o $ (10)For deductions allowed over a ten(10)year period:
4 20_pay 20_ $ 40% *_% $ 1 20 pay 20. $ 100% * % $
5 20_pay 20,....... $ 20% *_% $ 2 20_pay 20_ $ 95% *_% $
(6)For deductions allowed over a six(6)year period: 3 20_pay 20_ $ 80% * % $
4 20_pay 20 $ 65% " % $
1 20 pay 20........ $ 100% *_% $ 5 20 pay 20 $ 50% *_% $
2 20_pay 20_ $ 85% *_% $ 6 20_pay 20_ $ 40% * % $
3 20 pay 20_ $ 66% "_% $ 7 20 pay 20_ $ 30% * % $
4 20_pay 20 $ 50% * % $ 8 20_pay 20_ $ 20% * % $
5 20 pay 20.......... $ 34% *_% $ 9 20_pay 20 $ 10% * % $
6 20_pay 20 $ 17% *_% $ 10 20_pay 20_ $ 5% * % $
(7)For deductions allowed over a seven(7)year period: NOTE: The deduction percentages shown in this section apply to a
1 20_pay 20 $ 100% * % $ statement of benefits approved before July 1, 2013 that did not
2 20_pay 20 $ 85% • °/, $ have an alternative deduction schedule adopted by the
designating body.All other abatements shall use the percentages
3 20_pay 20 $ 71% *_% $ reflected in the abatement schedule adopted by the designating
4 20_pay 20 $ 57% * % $ body per IC 3-1.1-12.1-17.
5 20_pay 20_ $ 43% *_% $
6 20_pay 20 $ 290/, * % $ * The amount of the deduction shall be adjusted annually to reflect changes
$ to the assessed valuation resulting from a reassessment or an appeal of
7 20_
pay 20_ $ 14% * % the assessment per lC 6-1.1-12.1-4(b).
SECTION VI-FOR A RESIDENTIALLY DISTRESSEDAREA WHERE THE.STATEMENT OF BENEFITS WAS APPROVED BEFORE JULY 1,2013
, DEDUCTION SCHEDULE PER IC 6-1.1 12.1-17
TYPE OF DWELLING DEDUCTION IS THE LESSER OF: DEDU YEAR PER OCTION IS LDOTHAT INC UDEWED FOR A IS E(5)
[IC 6-1.1-12.1-4.1(b)] YEARS:
❑ One(1)family dwelling Assessed value(after rehabilitation or redevelopment) $ or$74,880 AV pay through
❑ Two(2)family dwelling Assessed value(after rehabilitation or redevelopment) $ or$106,08 ° ti. d3a 1. l lfAfdagR p y
❑ Three(3)unit multifamily dwelling Assessed value(after rehabilitation or redevelopment) $ or$156,000 pay_thr�gfi n','1 pa _
APR 1
❑ Four(4)unit multifamily dwelling Assessed value(after rehabilitation or redevelopment) $ or$199,680' `pay through�.f
Assessed value limits for taxes due and payable prior to January 1,2005 were$36,000,$51,000,$75,000,and$96,00 c for one LI, *farputif Areld ;,r=_,„;ss I)
SECTION VII-APPROVAL OF COUNTY AUDITOR COMPLETE ONLY IF ''R ERIK. i 1 -
This application is approved in the amounts shown above. �� ��
Signature of County Auditor Printed name of County Auditor Date signed(month,day,year)
Page 2 of 2
Filed in Clerk's Office
4e._ STATEMENT OF BENEFITS 2020 PAY 2021
ii- i) REAL ESTATE IMPROVEMENTS APR T 202
, / State Form 51767(R6/10-14) PORM SB-1/Real Property
'`° Prescribed by the Department of Local Government Finance
PRIVACY NOTICE
This statement is being completed for real property that qualifies under the following Indiana Code(c 6 90;JON E y'nformatAn concerning the cost
Redevelopment rehabilitation of real estate improvements(IC 6-1.1-12.1-4) of the properly and specific salaries
p P ✓ic ual employees by the
0 Residentially distressed area(IC 6-1.1-12.1-4.1) CITY CLERK,SOUTH B naris confidential per
C 6-1.1-12.1-5.1.
INSTRUCTIONS: -
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction.
2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of
the redevelopment or rehabilitation for which the person desires to claim a deduction.
3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is
made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who
failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year.
4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real
Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable.
IC 6-1.1-12.1-5.1(b)
5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each ,
deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013,the abatement schedule approved by the designating body
remains in effect. IC 6-1.1-12.1-17
SECTION 1 TAXPAYER INFORMATION
Name of taxpayer
Five Corners LLC
1Address of taxpayer(number and street,city,stale,and ZIP code)
814 Marietta St South Bend, IN 46601
Name of contact person Telephone number E-mail address
6 4 (,t e( ( ) 574-233-1296 MMiller@Telecompark.com
SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT
Name of designating body Resolution number
Five Corners LLC
Location of property County DLGF taxing district number
1132 S Bend Ave South Bend, IN 46617 St. Joseph
Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year)
11/1/2019
Construction and development of a 28,000 SF new mixed use building. Estimated completion date(month,day,year)
5/1/2020
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT
Current number Salaries Number retained Salaries Number additional Salaries
0 0 0 0 87 (Indirect) Avg. $65,000
SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
I COST I ASSESSED VALUE l
I Current values I 149,100
Plus estimated values of proposed project 14,315,000 1
Less values of any property being replaced
Net estimated values u.on corn.letton of.ro•ect 4 315 000
SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER
Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds)
Other benefits
i
SECTION 6 TAXPAYER CERTIFICATION
I hereby certify that the representations in this statement are true.
Signature of authorized representative Date signed(month,day,year)
ani (Ale,� 09/05/2019
Printed name of authoriresentativeTitle
Anne Hayes Member •
Page 1 of 2
FOR USE OF THE DESIGNATING BODY
We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed
under IC 6-1.1-12.1,provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation
expires Is
B. The type of deduction that is allowed in the designated area Is limited to:
1.Redevelopment or rehabilitation of real estate improvements 0 Yes No
2.Residentially distressed areas 0 Yes ❑ivo
C. The amount of the deduction applicable Is limited to$
D. Other limitations or conditions(specify)
E. Number of years allowed: ❑Year 1 ❑Year 2 ❑Year 3 0 Year 4 ❑ Year 5 ('see below)
❑Year 6 ❑Year 7 ❑Year 8 ❑Year 9 ❑ Year 10
F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-177
❑Yes ❑No
If yes,attach a copy of the abatement schedule to this form.
If no,the designating body is required to establish an abatement schedule before the deduction can be determined.
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year)
Printed name of authorized member of designating body Name of designating body
Attested by(signature and title of attester) Printed name of attester
If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a
taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17.
A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC
6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30,
2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten
(10)years. (See IC 6-1.1-12.1-17 below.)
B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement
schedule approved by the designating body remains In effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designating
body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.)
IC 6-1.1-12.1-17
Abatement schedules
Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under
section 4 or 4.5 of this chapter an abatement schedule based on the following factors:
(1) The total amount of the taxpayer's investment in real and personal property.
(2) The number of new full-time equivalent jobs created.
(3) The average wage of the new employees compared to the state minimum wage.
(4) The infrastructure requirements for the taxpayer's investment.
(b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule
for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of
the deduction. An abatement schedule may not exceed ten(10)years.
(c) An abatement schedule approved for a particular taxpayer before July 1,2013 remains in effect until the abatement schedule expires under I
the terms of the resolution approving the taxpayer's statement of benefits.
Filed in Clerk's Office _.
01-71 ? 2023 SEP 0 6 2019
•
DAWN • •••
Page 2 of 2
M.JOEND.�N
CIT`(CLERK.SOUTH
1-61- 4. COMPLIANCE WITH STATEMENT OF BENEFITS 2023 PAY 2024
i�� ,•= REAL ESTATE IMPROVEMENTS
`-.a State Form 51766(R5 i 12-21) FORM CF-1/Real Property
MI6 Prescribed by the Department of Local Government Finance
PRIVACY NOTICE
INSTRUCTIONS: The cost and any specific individual's
1. This form does not apply to property located in a residentially distressed area or any deduction for which the salary information is confidential;the
Statement of Benefits was approved before July 1, 1991. balance of the filing is public record
2. Property owners must file this form with the county auditor and the designating body for their review reganjpp per IC 6-1.1-12.1-5.3(k)and(I).
the compliance of the project with the Statement of Benefits (Form SB-1/Real Property). �us
3.. This form must accompany the initial deduction application(Form 322/RE)that is filed with the county audtor. Filed In C.lerk'S Office
4. This form must also be updated each year in which the deduction is applicable. It is filed with the county auditor
and the designating body before May 16 or by the due date of the real property owner's personal property
return that is filed in the township where the property is located. (IC 6-1.1-12.1-5.30) APR 17 2023
5. With the approval of the designating body,compliance information for multiple projects maybe consolidated on
one(1)compliance form(Form CF-1/Real Property). DAWN M.JONES
SECTION 1 TAXPAYER INFORMATION
Name of taxpayer County
Five Corners LLC St. Joseph
Address of taxpayer p }} DLGF taxing district number
Number and Street:814 Marietta St. City: So. Bend State: IN zip:46601 -
Name of contact person Email Telephone number
First Name: Anne Last Name: Hayes Address: ahayes@telecompark.com (574) 233-1296
SECTION 2 LOCATION AND DESCRIPTION OF PROPERTY
Name of designating body Resolution number Estimated start date(month,day,year)
Common Council of the City of South Bend 4811-19 11/1/2019
Location of property Actual start date(month,day,year)
Number and Street: 1130 S B Ave City:S o. Bend State: IN ZIP:46617 3/1/2020
Description of real property improvements Estimated completion date(month,day,year)
Construction and development of a 28,000 SF 5/1/2021
mixed use building. Actual completion date(month,day,year)
TBD-still under construction
SECTION 3 EMPLOYEES AND SALARIES
EMPLOYEES AND SALARIES AS ESTIMATED ON SB-1 ACTUAL
Current number of employees 0 0
Salaries 0 0
Number of employees retained 0 0
Salaries 0 0
Number of additional employees 87(indirect) 35
Salaries $65,000 $70,000
SECTION 4 COST AND VALUES
COST AND VALUES REAL ESTATE IMPROVEMENTS
AS ESTIMATED ON SB-1 COST ASSESSED VALUE
Values before project $49,100
Plus: Values of proposed project $4,315,000
Less: Values of any property being replaced
Net values upon completion of project $4,315,000 $49,100
ACTUAL COST ASSESSED VALUE
Values before project $0 $
Plus: Values of proposed project $4,300,000 $4,222,200
Less: Values of any property being replaced
Net values upon completion of project $4,300,000 $4,222,200
SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER
WASTE CONVERTED AND OTHER BENEFITS AS ESTIMATED ON SB-1 ACTUAL
Amount of solid waste converted 0 0
Amount of hazardous waste converted 0 0
Other benefits:
SECTION 6 TAXPAYER CERTIFICATION
I hereby certify that the representations in this statement are true.
Signature f authorized representative Title Date$ign d(month,day,year)
0i),x. I-16-110 Member, Five Corners fi
7 /3 coa
Page 1 of 2
OPTIONAL: FOR USE BY A DESIGNATING BODY WHO ELECTS TO REVIEW THE COMPLIANCE WITH STATEMENT OF BENEFITS(FORM CF-1)
THAT WAS APPROVED AFTER JUNE 30,1991
INSTRUCTIONS: (IC 6-1.1-12.1-5.3 and IC 6-1.1-12.1-5.9)
1. Not later than forty-five(45)days after receipt of this form,the designating body may determine whether or not the property owner has substantially
complied with the Statement of Benefits(Form SB-1/Real Property).
2. If the property owner is found NOT to be in substantial compliance,the designating body shall send the property owner written notice. The notice must
include the reasons for the determination,including the date,time,and place of a hearing to be conducted by the designating body. The date of this hearing
may not be more than thirty(30)days after the date this notice is mailed. A copy of the notice may be sent to the county auditor and the county assessor.
3. Based on the information presented at the hearing,the designating body shall determine whether or not the property owner has made reasonable efforts to
substantially comply with the Statement of Benefits(Form SB-1/Real Property),and whether any failure to substantially comply was caused by factors
beyond the control of the property owner.
4. If the designating body determines that the property owner has NOT made reasonable efforts to comply,the designating body shall adopt a resolution
terminating the property owner's deduction. If the designating body adopts such a resolution,the deduction does not apply to the next installment of
property taxes owed by the property owner or to any subsequent installment of property taxes. The designating body shall immediately mail a certified copy
of the resolution to:(1)the property owner;(2)the county auditor;and(3)the county assessor.
We have reviewed the CF-1 and find that:
❑the property owner IS in substantial compliance
the property owner IS NOT in substantial compliance
other(specify)
Reasons for the determination(attach additional sheets if necessary)
Signature of authorized member Date signed(month,day,year)
Attested by: Designating body
If the property owner is found not to be in substantial compliance,the property owner shall receive the opportunity for a hearing.The following date and
time has been set aside for the purpose of considering compliance. (Hearing must be held within thirty(30)days of the date of mailing of this notice.)
Time of hearing DAM Date of hearing(month,day,year) Location of hearing
•PM
HEARING RESULTS(to be completed afteKthe hearing)
❑Approved ❑Denied(see instruction 4 above)
Reasons for the determination(attach additional sheets if necessary)
Signature of authorized member Date signed(month,day,year)
Attested by: Designating body Filed in Clerk's Office
APPEAL RIGHTS[IC 6-1.1-12.1-5.9(e)]
A property owner whose deduction is denied by the designating body may appeal the designating body's deci ion by filing A drTipliin?ir R?office of the
Circuit or Superior Court together with a bond conditioned to pay the costs of the appeal if the appeal i determ' ed against the pro.ert .wner.
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
Page 2 of 2
Filed in Clerk's Office
APR 1 7 2023
_ u
DAWN M,JONES
CITY CLERK,SOUTH SEND, IN
RESOLUTION
No. 4811-19
Passed by the Common Council of the City of South Bend,Indiana
October 2R 2o_19_
At ,/ / //1_ � �L Y City Clerk
•
Attest President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 28, 19
20
/16((cr<_- 1 l� • •t) k City Clerk
Approved and signed by me DC`bhpr 20 ICI
Mays
•
r BILL NO. 19-58
RESOLUTION NO.4811-19
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WIT
OF SOUTH BEND, INDIANA,COMMONLY KN s WNFd in Cierk'S Office
1132 S Bend Ave.,South Bend,IN 46617 7.1.1172023
AS AN ECONOMIC REVITALIZATION AREA FORPURPOSES OF A SEVEN (7)YEAR REALDAWN M.JONES
PROPERTY TAX ABATEMENT FOR CITY CLERK,SOUTH BEND,IN
Five Corners, LLC
WHEREAS, the Common Council of the City of South Bcnd, 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 1132 S
Bend Ave.,South Bcnd,Indiana,and which is more particularly described as follows:
A PARC.... .. .".ATED !1. .ilii NORTHWEST .,:WAR F!t 0. 38.:'!'..... . .3..15 :F _' NORTH, RANGS
3 EAST. ..'1'Y OF SOUTH FE'S ..7i27..,... 0a.551i'.
PART o LOT'S . THE R OCEr'Fr1 ?(AP 1117 :3'17 -., .1519 107
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NORTH 5:1"q1'29" 5 ST _0.9.`. 7875; '."3/V ;10.55 1 881'
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and which has Key Numbers 018-5094-3318 to he designated 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
remonstrances and objections from interested persons:and
9
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 1. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area tbr the purposes of tax abatement. Such
designation is for Real property tax abatement only and is limited to three(3)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 up to a period of seven(7)years as shown by the
schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 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 6-1.1-12 et seq.
Year 1 - 100%
Year 2-95%
Year 3-90%
Year 4-85%
Year 5-80%
Year 6-70%
Year 7—60%
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.
Tim Scott,Council President
South Bend Common Council
Filed in Clerk's Office
At
DAWN M.JONES
CITY CLERK,SOUTH SEND,IN
9
Filed in Clerk's Oifice
• APR 1'7 2023
MEMORANDUM OF AGREEM T
DAWN M.JONES
(REAL PROPERTY TAX ABATEM CLERK,SOUTH BEND,IN
This Memorandum of Agreement (Agreement) dated as of October i', 2019, serves as
confirmation of a commitment by Five Corners,LLC(the"Applicant"),pending an October 14'1',2019,
public hearing,to comply with the project description,job creation and retention(and associated wage rates
and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement
(Commitments).
I. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a
Confirmatory Resolution by the South Bend Common Council (the "SBCC"), the City of South Bend,
Indiana(the"City")commits to provide a seven(7)year real property tax abatement for the Applicant,
based on the Applicant's commitment set forth in its Application. The Applicant commits to a capital
expenditure of$4,300,000 associated with construction of a new mixed-use building. The property is
located at 1 130 South Bend Ave, South Bend, IN 46617. This real property project will indirectly create
eighty(80)full-time jobs with an estimated annual payroll of$4,992,000 within the next four years.
2. Potential Impact of State of Indiana Circuit Breaker Law: The parties note that the calculations
regarding the effect of the tax abatement in question are based on the State of Indiana's tax rates currently
in effect at the time of entering into this Memorandum of Agreement.The complete impact of the State of
Indiana's Circuit Breaker law on the City's property tax revenues is unknown at this time. To assure that
the City receives the projected amount of property tax revenues, which amount was calculated at the time
of granting the tax abatement for the Applicant, the parties to this Memorandum of Agreement agree to
adjust the length of the abatement and/or the percentage of deduction if the tax revenues due under the
Circuit Breaker Law are less than what was initially projected and represented to the Common Council,as
evidenced by the supporting documentation submitted to the Council with the Applicant's tax abatement
petition. However, in no case will the adjustments cause the property taxes to be paid to exceed the tax
payments as initially projected and represented to the Common Council by the aforementioned supporting
documentation.
3. Applicant's Compliance with Cit and State Laws.During the term of the abatement,the Applicant
shall comply with Chapter 2, Article 6 of the South Bend Municipal Code entitled "Tax Abatement
Procedures"and all governing provisions of the Indiana Code. During the term of this abatement,the City
may annually request information from the Applicant concerning the nature of the Project, the approved
capital expenditure of the Project,the number of full-time permanent positions newly created by the Project,
and the average wage rates and salaries(excluding benefits&overtime)associated with the positions,and
the Applicant shall provide the City with adequate written evidence thereof within 15 days of such request
(the"Annual Survey"). The City shall utilize this information and the information required to be filed by
the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has
complied with the commitments contained in the Commitments at all times after the Commitment Date and
during the duration of the abatement. The Applicant further agrees to provide the City with such additional
information requested by the City related to the information provided in the Annual Suney and the CF-1
form within a reasonable time following any such additional request.
4. Substantial Compliance and Rights of Termination. The City,by and through the SBCC,reserves
the right to terminate the Economic Revitalization Area designation and associated property tax abatement
deductions if it determines that the Applicant has not made reasonable efforts to substantially comply with
1I ;' .
Filed in Clerk's Office
APR 17 2023
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
all the Commitments, and the Applicant's failure to substantially comply vtm nte-x..omrmtments was not
due to factors beyond its reasonable control. As used in this Agreement, 'substantial compliance" shall
mean the Applicant's compliance with the following:(a)making real property expenditures of no less than
Four Million Three Hundred Thousand dollars($4,300,000)for construction of a new mixed-use building;
(b)this real property project will indirectly create eighty(80)full-time jobs with an estimated annual payroll
of$4,992,000 within the next four years.
5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant
shall only include factors not reasonably foreseeable at the time of designation application and submission
of Statement of Benefits which are not caused by any act or omission of the Applicant and which materially
and adversely affect the ability of the Applicant to substantially comply with this Agreement.
6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the
Applicant shall:(i)be delinquent or in default with respect to any tax payment in St.Joseph County,Indiana;
or (ii) cease operations at the facility for which the tax abatement was granted; or (iii) announce the
cessation of operations at such facility, then the City may immediately terminate the Economic
Revitalization Area designation and associated tax abatement deductions, and upon such termination,
require Applicant to repay all of the tax abatement savings received through the date of such termination.
7. Notice/Hearing of Termination. In the event that the City determines that the Economic
Revitalization Area designation and associated tax abatement deductions should be terminated or that all
or a portion of the tax abatement savings should be repaid. it will give the Applicant notice of such
determination, including a written statement calculating the amount due from the Applicant, and will
provide the Applicant with an opportunity to meet with the City's designated representatives to show cause
why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names
of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty days
from the date of such notice to arrange such meeting and to provide its evidence concerning why the
abatement termination and/or tax savings repayment should not occur. if, after giving such notice and
receiving such evidence,if any,the City determines that the abatement termination and/or the tax repayment
action is proper,the Applicant shall be provided with written notice and a hearing before the SBCC before
any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The
Applicant shall be entitled to appeal that determination to a St.Joseph County Superior or Circuit Court.
8. Repayment. In the event the City requires repayment of the tax abatement savings as provided
hereunder, it shall provide Applicant with a written statement calculating the amount due(Statement),and
Applicant shall make such repayment to the City within 30 days of the date of the Statement. If the
Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys'
fees incurred in the enforcement and collection of the tax abatement savings required to be repaid hereunder.
9. Modification/Entire Agreement. This Agreement and the schedules attached here to contain the
entire understanding between the City and the Applicant with respect to the subject matter hereof, and
supersede all prior and contemporaneous agreements and understandings, inducements, and conditions,
expressed or implied, oral or written,except as herein contained. This Agreement may not he modified or
amended other than by an agreement in writing signed by the City and the Applicant. The Applicant
understands that any and all filings required to he made or actions required to he taken to initiate or maintain
the abatement are solely the responsibility of the Applicant.
10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy,
power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial
exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of
2in ,, t ..
•
File in Clerk's Office
any other right, remedy, power or privilege with respect to any occurrence orotjstuna aiver I
such right, remedy, power or privilege with respect to any other occurren Na waiver shall be effcctiy
unless it is in writing and is signed by the party asserted to have grr nted sue ai�grM J0�1ES
CITY CLERI(,SOUT`
II. (;overiinrs Laws of Indiana. This Agreement and N.
interpretation, performance,and enforcement shall be governed by the laws and decisions of the courts of
the State of Indiana.
12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction
of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection
with any action or proceeding arising out of or relating to this Agreement or any documents or instrument
delivered with respect to any of the obligations hereunder. and any action related to this Agreement shall
be brought in such County and in such Court.
13. Notices. All notices, requests, demands, and other communications required or permitted under
this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or
by facsimile(with confirmation by registered or certified mail)or on the third business day following the
mailing,by registered or certified mail, postage prepaid, return receipt requested, thereof.addressed as set
forth below:
f to Applicant: Five Corners. LLC
CiZr..5 Address: $ c k Ptd e e:l 7�l 5 1t.��l
5,;,;1,4 vrfn, .
Attn: C► 4.u:3 S' r-kR`lCS
Title: l\4h-1N/1 T-irlf- t'40.10°1—
If
"t0'MO1If to the City: City of South Bend, Indiana
227 West Jefferson Blvd. Suite 14005
South Bend. Indiana 46601
Attn: Daniel Buckenmeyer, Department of
Community investment
14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit
of the City and the Applicant and their successors and assigns,except that no party may assign or transfer
its rights or obligations under this Agreement without the prior written consent of the other party hereto. in
which consent shall not be unreasonably withheld.
IS. Valid and Bindine:Agreement. This Agreement may he executed in any number of counterparts,
each of which shall be deemed to be an original as against any party whose signature appears thereon,and
all of which shall together constitute one and the same instrument. By executing this Agreement, each
3 1 '
person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such
party and that this Agreement constitutes a valid and binding obligation of the party.
16. Severability. The provisions of this Agreement and of each section or other subdivision herein are
independent of and separable from each other, and no provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby.
17. No Personal Liabilit'. No official,director,officer,employee or agent of the Ciy shall be charged
personally by the Applicant, its employees or agents with any liabilities or expenses of defense or be held
personally liable to the Applicant under any term or provision of this Agreement or because of the execution
by such party of this Agreement or because of any default by such party hereunder.
[Remainder of page intentionally blank.]
Filed in Clerk's Office
APR 17 2023
DAWN M. JONES
CITY CLERK,SOUTH BEND,IN
Wage
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
"Applicant"
1-ive Corners, LLC Cit Sruth t-itud..h11diana
lBY_ (IL /4 Y
G H-i}4w5 1 i i+�`f�S -1.J,t-r J 6- i tea m t
[insert contact name] Tim Scott
President,South Bend Common Council
Approved as to Legal Adequacy and Form this $ . •
day of ,2019. - - --.Gavin Ferlic
Chairperson,Community Investment
Counsel. South Bend Common Council Committee
13,: ,-
Dan .uckenmever
Counsel for Applicant Department of Community lavestmcut
By:
Pete Buttigieg
Mayor
Filed in Clerk's Office
APR 1 12)23
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
Wage