4971-22 A Resolution for a Waiver of Non-Compliance Regarding the Vacant Building Tax Abatement for 3602 W. Sample St. SB, IN

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BILL NO. 22-37 RESOLUTION NO. 4971-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WAIVING NONCOMPLIANCE AND CONFIRMING THE GRANT OF CERTAIN VACANT BUILDING TAX ABATEMENT DEDUCTIONS FOR PROPERTY COMMONLY KNOWN AS 3602 W Sample Street, South Bend, IN 46619 FOR 3602 Sample, LLC. WHEREAS, on October 28, 2019, the Common Council of the City of South Bend (the "Common Council") adopted Resolution No. 4815-19 (the "2019 Resolution"), approving a five (5) year real property tax deduction for a building located at 3602 W Sample St, South Bend, IN 46619 (the "Building") by 3602 Sample, LLC. , Inc. or "Taxpayer", within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with IND.CODE § 6-1.1-12.1-1, et seq.; WHEREAS, as part of 3602 Sample, LLC. deduction application, 3602 Sample, LLC. described for the Common Council that 3602 Sample, LLC. would by the end of the three(3) year designation period(a)invest$350,000 on renovation of the vacant building and(b) create, at least, twelve (12)jobs; WHEREAS, 3602 Sample, LLC has completed 95%of the renovations of the building and has met all objectives in its deduction application; WHEREAS, while 3602 Sample, LLC submitted its CF-1NBD form to the City of South Bend Department of Community Investment in 2020, 2021 and 2022, the company inadvertently failed to timely and properly to file the Application for Deduction from Assessed Valuation—Real Property Vacant Building Deduction("Form 322NBD") and the related Compliance Statement of Benefits Vacant Building Deduction("CF-INBD") to the St. Joseph County Auditor; WHEREAS, the Common Council recognizes that (a) 3602 Sample, LLC. has largely fulfilled its pledge to renovate the vacant building; (b) 3602 Sample, LLC. has requested a waiver of its inadvertent oversight for filing of the Application Forms in the wrong office to claim benefits of the tax deduction for the initial two years of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, (c) 3602 Sample, LLC. has requested a waiver of its late filing of the same forms in 2022 to claim benefits of the tax deduction for one year of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and (d) 3602 Sample, LLC. would have been entitled to receive the tax deduction for the first three years of the deduction period had no noncompliance event occurred; WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely or erroneous filing of an application form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax deduction related to the vacant building renovations located at 3602 W Sample Street, South Bend, IN 46619 (the "Property"), and (b) 1