5004-23 SUBSTITUTE A Resolution Confirming the Grant of Certain Real Property Tax Abatment

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SUBSTITUTE BILL NO. 23-08 RESOLUTION NO. 5004-23 A RESOLUTION REAFFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 5245 Dylan Drive, South Bend, IN 46628 FOR CBK Land Development LLC WHEREAS, on May 13, 2019, the Common Council of the City of South Bend (the "Common Council")adopted Resolution No.4779-19(the"2019 Resolution"),approving a seven- year(7)real property tax deduction for the extension of a distribution center located at 5245 Dylan Drive. South Bend, IN 46628 (the"Building")by CBK Land Development LLC. (the"Taxpayer") within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with Indiana Code § 6-1.1-12.1 et seq.; WHEREAS, as part of the Taxpayer's deduction application, the Taxpayer described for the Common Council that Chase Plastic Services, Inc. by the end of the three-year(3) designation period would (a) invest $3,500,000 to expand its current 126,000 square foot distribution center by an additional estimated 80,000 square feet and (b) create 5 new jobs and retain 18 jobs; WHEREAS,the Taxpayer completed construction of the 80,000 square foot extension and has met all objectives in its deduction application; WHEREAS, while the Taxpayer submitted its CF-1/RE and 322/RE forms to the City of South Bend Department of Community Investment in May 2020 and May 2021,the company may have inadvertently failed to timely and properly file the forms with the St. Joseph County Auditor; WHEREAS,the Common Council recognizes that the Taxpayer(a)has fulfilled its pledge to expand its distribution center; (b)has requested a waiver of its inadvertent oversight in failing to file the CF-1/RE and 322/RE forms for taxes due and payable in 2021 and 2022 with the St. Joseph County Auditor and instead filed forms with the wrong office to claim benefits of the tax deduction for the first two years of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and (c) would have been entitled to receive the tax deduction for the first two 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 extension of a distribution center located at 5245 Dylan Drive. South Bend, IN 46628 (the "Property"), and (b) inadvertent oversight leading to a belated filing or filing in the incorrect office of the CF-1/RE and 322/RE forms to claim the benefits of a tax deduction for the January 1, 2020, and January 1, 2021, assessment dates of the Property.