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.�. <br /> RESOLUTION NO. 2 OUH <br /> A RESOLUTION OF THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA CONFIRMING <br /> THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT <br /> DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY <br /> COMMONLY KNOWN AS <br /> 7250 VORDEN PARKWAY <br /> FOR <br /> OLIVE CLEVELAND PARTNERS, LLC <br /> WHEREAS, on July 12, 2010, the Common Council of the City of South Bend (the <br /> "Council") adopted Resolution No. 4036-10 (the "2010 Resolution"), approving a five (5) year <br /> real property tax abatement for the proposed construction of a new industrial design-built <br /> warehouse/distribution facility containing approximately 80,000 square feet (the "Building <br /> Project") to be constructed by Olive Cleveland Partners, LLC ("Taxpayer") within an area <br /> designated an economic revitalization area in the City of South Bend in accordance with IND. <br /> CODE § 6-1.1-12.1-1, et seq.; and <br /> WHEREAS, the Taxpayer described for the Council that the Building Project (also <br /> known as the Invacare Building)had multiple purposes and benefits, including that it would: <br /> (a) accommodate the relocation of Invacare Corp. and expansion of its facilities <br /> within South Bend, into a new building with new investment/construction costs of <br /> no less than $2,400,000; <br /> (b) facilitate Invacare Corp.'s consolidation of its Midwest regional distribution <br /> operations in South Bend; <br /> (c) result in Invacare Corp. retaining its business in South Bend, including its <br /> employee base of 23 employees with payroll over $670,000; and <br /> (d) be completed in the Spring of 2011, in order to relocate Invacare Corp. out of a <br /> facility at 7055 Cleveland Road (the "Cleveland Road Site") and to facilitate <br /> Patterson Logistics' remaining in South Bend and expanding into the Cleveland <br /> Road Site (which was desired by Patterson Logistics as part of its decision to <br /> locate its Midwest operations in South Bend); and <br /> WHEREAS, as contemplated as part of the Building Project, the Taxpayer (a) <br /> successfully completed its construction of a new 80,000 square foot warehouse/distribution <br /> facility at a cost in excess of$2,400,000, (b) was instrumental in relocating Invacare Corp. to the <br /> 1 <br />