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Home My WebLink About5041-23 CONFIRMING - Multiple Properties 10-Year Real Property Tax Abatement r United States of America ,ek.,4,*4Ar,,,,„, AUG 2 5 2023 Nk AUDITOR 1ST. JOSEPH COUNTY' r Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Dawn M. Jones, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of RESOLUTION 5041-23 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS MULTIPLE PROPERTIES AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR ADVANTIX DEVELOPMENT CORPORATION ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,JULY 10, 2023 PRESENTED TO, APPROVED AND SIGNED BY MAYOR JAMES MUELLER, July 12, 2023 ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: DAWN M. JONES, CITY CLERK -RECEIVED- AUG 2 5 2023 ST. JOSEPH COUNTY ASSESSOR the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of South Bend, St. Joseph County, Indiana, this ,Re Ak-day of 1/,� 'I 20 a3 Dawn M. Jones' Clerk of the City of South Bend St. Joseph County, Indiana BY: 4/,4.4 / -d.... ietuty RESOLUTION No. 5041-23 Passed by the Common Council of the City of South Bend, Indiana July 10, 20 23 ,---2 Attest: 16a-e63/—Dlt City Clerk Dawn M. Jones Attest Iffvt President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 11 , 23 20 46e10 (2k City Clerk Dawn M. Jones Approved and signed by me 117 II/ 20 2.3 fititf - Mayor BILL NO. 23-44 RESOLUTION NO. 5041-23 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Multiple Properties AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR Advantix Development Corporation WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas described as: Key Number: 71-08-02-187-013.000-026 Commonly Known As: 911 Sherman Avenue Legal Description: Lot 23 Muessels 1st Key Number: 71-08-02-187-014.000-026 Commonly Known As: 909 Sherman Avenue Legal Description: Lot 22 Muessels 1st Key Number: 71-08-02-304-006.000-026 Commonly Known As: 813 N Cleveland Avenue Legal Description: 16 2/3 Ft S Side Lot 86& 16 2/3 Ft N Side Lot 87 A G Cushings 4th Key Number: 71-08-02-304-007.000-026 Commonly Known As: 809 N Cleveland Avenue Legal Description: 33 1/3 Ft S Side Lot 87 A G Cushings 4th Add Key Number: 71-08-02-307-025.000-026 Commonly Known As: 737 N Cleveland Avenue Legal Description: Lot 95 A G Cushings 4th Key Number: 71-08-02-307-026.000-026 Commonly Known As: 735 N Cleveland Avenue Legal Description: Lot 96 40'N Side A G Cushings 4th Add Key Number: 71-08-02-311-007.000-026 Commonly Known As: 662 Lawndale Avenue Legal Description: Lot 6 Pleasant Home Add Key Number: 71-08-02-311-009.000-026 Commonly Known As: 654 Lawndale Avenue Legal Description: Lot 8 Pleasant Home Add Key Number: 71-08-02-326-011.000-026 Commonly Known As: 1217 Van Buren Street Legal Description: 33 Ft E Side 66 Ft W End Of Lots 81 & 82 & 33 Ft E Side 66 Ft W End 15 Ft S Side Of Lot 83 A G Cushings 4th Key Number: 71-08-02-326-012.000-026 Commonly Known As: 1215 Van Buren Street Legal Description: 33 Ft W Side 68 Ft E End Lots 81-82& 33 Ft W Side 68 Ft E Side Of 15 Ft S Side Lot 83 A G Cushings 4th Key Number: 71-08-02-330-001.000-026 Commonly Known As: 1218 Van Buren Street Legal Description: 36 Ft X 100 Ft Nw Cor Lot 80 A G Cushings 4th Key Number: 71-08-02-330-002.000-026 Commonly Known As: 752 Cleveland Avenue Legal Description: 12 Ft S Side 100 Ft W End Lot 80&28 Ft N Side 100 Ft W End Lot 79 A G Cushing 4th Key Number: 71-08-02-330-003.000-026 Commonly Known As: 1216 Van Buren Street Legal Description: Lot 80 34'E End & 34'E End 28'N Side Lot 79 A G Cushings 4th Add Key Number: 71-08-02-330-005.000-026 Commonly Known As: 746 N Cleveland Avenue Legal Description: 35 Ft S Side Lot 78 A G Cushings 4th Key Number: 71-08-02-330-006.000-026 Commonly Known As: 744 N Cleveland Avenue Legal Description: Lot 77 A G Cushings 4th Key Number: 71-08-02-333-013.000-026 Commonly Known As: 716 Sherman Avenue Legal Description: N 35'Ex 10'X40'Se Side Lot 9 All Of Lots 10 & 11 & 43'S Side Lot 12 Cushing 1st Add Key Number: 71-08-02-333-014.000-026 Commonly Known As: 702 Sherman Avenue Legal Description: Lot 9 88 Ft W End 15 Ft S Side & 88 Ft W End Of Lot 8 Cushings 1st Key Number: 71-08-02-335-001.000-026 Commonly Known As: 632 Sherman Avenue Legal Description: Lot 7 78 Ft W End 33 1-3 Ft N Side Cushings 1st Key Number: 71-08-02-335-002.000-026 Commonly Known As: 1014 Lindsey Street Legal Description: Lot 7 50 Ft E End 33 1-3 Ft N Side Cushings 1st Key Number: 71-08-02-335-003.000-026 Commonly Known As: 630 Sherman Avenue Legal Description: 16 2-3 Ft S Side Lot 7 & 16 2-3 Ft N Side Lot 6 Cushings 1st Key Number: 71-08-02-335-004.000-026 Commonly Known As: 622 Sherman Avenue Legal Description: 33 1-3 Ft S Side Lot 6 Cushings 1st Key Number: 71-08-02-356-041.000-026 Commonly Known As: 1411 Linden Avenue Legal Description: Lot 92 Swygarts 1st Add Key Number: 71-08-02-407-007.000-026 Commonly Known As: 744 Harrison Avenue Legal Description: Lot 98 Cushing&Lindsey Key Number: 71-08-02-407-008.000-026 Commonly Known As: 740 Harrison Avenue Legal Description: 33 Ft N Side Lot 99 Cushing& Lindsey Key Number: 71-08-02-407-009.000-026 Commonly Known As: 736 Harrison Avenue Legal Description: 17 Ft S Side Lot 99 & 16 Ft N Side Lot 100 Cushing &Lindsey Key Number: 71-08-03-203-028.000-026 Commonly Known As: 1202 Huey Street Legal Description: Lot 212 Mayrs Mich Ave Add Key Number: 71-08-03-227-014.000-026 Commonly Known As: 1322 N Brookfield Street Legal Description: Lot 148 C R Smiths 2nd Sub Key Number: 71-08-03-258-007.000-026 Commonly Known As: 1030 Obrien Street Legal Description: Lot 76 Mayrs Mich Ave Add Key Number: 71-08-03-384-004.000-026 Commonly Known As: 2518 Linden Avenue Legal Description: Lot 13 Kaleys 1st Key Number: 71-08-03-384-007.000-026 Commonly Known As: 2506 Linden Avenue Legal Description: Lot 10 Kaleys 1st Key Number: 71-08-03-434-013.000-026 Commonly Known As: 630 Johnson Street Legal Description: Lot 13 Kauffman Place Key Number: 71-08-03-434-031.000-026 Commonly Known As: 641 NBrookfield Street Legal Description: Lot 24 Kauffman Place Key Number: 71-08-10-135-006.000-026 Commonly Known As: 2606 W Colfax Avenue Legal Description: Lot 696 Summit Place 3rd Add Key Number: 71-08-10-180-027.000-026 Commonly Known As: 218 S Meade Street Legal Description: Lot 622 Summit Place 3rd Key Number: 71-08-02-459-001.000-026 Commonly Known As: 622 W Marion Street Legal Description: Lot 5 & 6 Smith &Jackson Sub Key Number: 71-08-02-459-003.000-026 Commonly Known As: 620 W Marion Street Legal Description: Lot 7 Smith &Jackson Sub Key Number: 71-08-02-459-004.000-026 Commonly Known As: 618 W Marion Street Legal Description: Lot 8 Smith &Jackson Sub Key Number: 71-08-02-459-002.000-026 Legal Description: 21.5 Ft W End Lot 11 Smith &Jacksons Sub. Key Number: 71-08-02-459-005.000-026 Commonly Known As: 425 Leland Avenue Legal Description: Lot 11 Ex 21.5 Ft W Side Smith &Jacksons Sub. Key Number: 71-08-02-459-006.000-026 Commonly Known As: 421 Leland Avenue Legal Description: Lot 10 Smith &Jacksons Sub Key Number: 71-08-02-459-007.000-026 Commonly Known As: 419 Leland Avenue Legal Description: Lot 9 Smith &Jacksons Sub Key Number: 71-08-02-459-008.000-026 Legal Description: Lots 1 2 3 & 4 Smith &Jacksons Sub Key Number: 71-08-02-185-017.000-026 Commonly Known As: 901 Blaine Avenue Legal Description: Lot 115 Muessels 2nd Key Number: 71-08-02-185-016.000-026 Commonly Known As: 905 Blaine Avenue Legal Description: Lot 116 Muessels 2nd be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; 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 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 I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such • designation is for multi-family residential development real property tax abatement only and shall expire on December 31, 2026. 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 ten (10) 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 - 100% Year 3 - 100% Year 4 - 95% Year 5 - 95% Year 6 - 90% Year? - 90% Year 8 - 85% Year 9 - 80% Year 10 - 75% 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. c ?nYCi Sharon McBride, Council President South Bend Common Council Attest: iat,?, -.4C-- :----b_ _ Y)1_,&,7) Dawn M. Jones, City Cler Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the I] day of j , 2023, at 3 o'clock P .m. - (� /Pdae://4D:2/ `974(A) Dawn M. Jones, City Clerk Office of the City Clerk ti Approved and signed by me on the wt day of i " y ,2023, at 3 o'clock (.m. / /111/\_,---- )7 JamMueller, Mayor City of South Bend <E' . : STATEMENT OF BENEFITS 2023 PAY 2024 ,A `` REAL ESTATE IMPROVEMENTS 110 'i State Form 51767(R7/1-21) FORM SB-1 /Real Property °� -```J Prescribed by the Department of Local Government Finance sie PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost 0 Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) of the property and specific salaries paid to individual employees by the ❑ Residentially distressed area(IC 6-1.1-12.1-4.1) property owner is confidential per IC 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 January 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 Advantix Development Corporation Address of taxpayer Number and Street: 500 SE 10th Street Civ: Evansville State: IN ZIP: 47713 Name of contact person ....4. Telephone number E-mail address First Name:Tim Last Name: Main (812) 428-8500 tim.martin@advantixcorp.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of the City of South Bend Location of property County DLGF taxing district number Number and Street: See attached list City: State: ZIP: St. Joseph 026(South Bend-Portage) Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) Construction of 50 new housing units throughout the city using 9% LIHTC funding. Estimated completion date(month,day,year) SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number0 Salaries 0 Number Retained 0 Salaries $ 0 Number Additional 2 Salaries $ 41 600 t SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values $200,000 $o Plus estimated values of proposed project $14,000,000 $2,295,238 Less values of any property being replaced $0 $0 Net estimated values upon completion of project $14,200,000 $2,295,238 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) 0 Estimated hazardous waste converted(pounds) 0 Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative Date signed(month,day.year) . —aitez L .of. 6/20/2023 Printed name of auth ed representativeTitle Tim Martin COO Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed N/A calendar years*(see below). The date this designation expires is 12/31/2026 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ®Yes No 2.Residentially distressed areas ❑Yes N No C. The amount of the deduction applicable is limited to$ N/A . D. Other limitations or conditions(specify) N/A E. Number of years allowed: ❑Year 1 ❑Year 2 ❑Year 3 ❑Year 4 ❑ Year 5 (*see below) ❑Year 6 ❑Year 7 ❑Year 8 ❑Year 9 N Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 5-1.1-12.1-17? N 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. Approveds natu nd title`authorized member of designating body) Telephone number Date signed/(month,day,year) M ( ) / Prin a of authorized member of designating body Name of designating body e2 G co') YVIC , Common Council of the City of South Bend, Indiana Attest by(signat and itle o att ste71 Printed a of attestor) , or e,,44Z. &Men /Val * the designating body li s the time p during which an area is an economi revitalization area,that limitation does not limit the length of time a taxpayer is entitled to rec ye 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. Except as provided in IC 6-1.1-12.1-18,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. Except as provided in IC 6-1.1-12.1-18,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 the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 MEMORANDUM OF AGREEMENT (MULTI-FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of July 7, 2023, serves as confirmation of a commitment by Advantix Development Corporation (the "Applicant"), pending a July 10, 2023, 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. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement,the properties to which the abatement applies are described in Exhibit A,which is attached hereto and incorporated into this Agreement. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the addresses or Key Numbers of the parcels receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover,the Applicant also shall report any material changes or improvements made to the properties subject to the abatement including changes as the result of subdividing, replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. 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 ten-year (10) multi-family residential development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following (the "Commitments"): (a) making total combined real property expenditures of no less than Thirteen Million Seven Hundred Thousand Dollars ($13,700,000.00) for the construction of new single-family homes, duplexes, townhomes, and other structures, which together would provide approximately fifty(50) affordable housing units at the properties identified in Exhibit A of this Agreement; (b)creating and managing a lease-purchase program in compliance with the Indiana Rental Housing Tax Credit Program, allowing low-income tenants to pay towards the purchase of the residential units to which this Agreement applies; and (c)acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City 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 1 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 fifteen(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 at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20) days following any such request.Notwithstanding anything herein to the contrary,the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 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 reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 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. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana; or (b) cease operations at the facility for which the tax abatement was granted; or (c) 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 2 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 (30) 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 (the"Statement"),and Applicant shall make such repayment to the City within one hundred twenty (120)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 of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit B 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 be 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 be made or actions required to be 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 any other right, remedy, power, or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, 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. 3 12. 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: If to Applicant: Advantix Development Corporation 500 SE 10th Street Evansville, IN 47713 Attn: Brandon Shields,Broker/Business Development Manager If to the City: City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 14005 South Bend, Indiana 46601 Attn: Executive Director of Community Investment 13. Assignment and Tran,41er Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except(a) 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, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the project which is the subject of this Agreement. 14. Valid and Binding Agreement. This Agreement may be 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 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. 15. 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 4 them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant,its employees,or its 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.[ IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. "Applicant" "City" Advantix Development Corporation City of South Bend, Indiana By: BY: Rick ore Sharon McBride Chief Executive Officer President, South Bend Common Council Advantix Development Corporation (7 Approved as to Legal Adequacy and FormBy: / �hc__ f‘/' this Rachel Tomas Morgan /d4'& day of ') , 2023. Chairperson, Community Investment Committee Counsel, South Bend Common Council ,F'Y By: /.0xf/7/dirVi41 Erik Glavich Department of Community Investment Counsel for Applicant By: Ja s Mueller Mayor 6