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Home My WebLink About5096-24 Designating Resolution - Real Property Tax Abatement 123 North Dr. Martin Luther King Jr. Boulevard United States of Amer' 24951 .ram RECORDED AS PRESENTED ON 10/22/2024 02:54 PM cn ��.j �*!�::*:1:4 MARY BETH WISNIEWSKI ��CD 11'7 *� ST.JOSEPH COUNTY N *+ RECORDER PGS:5 FEES: 25.00 -RECEIVED- - FILED - ; O C T 22 2024 : 1 OCT 22 2024 ST. JOSEPH COUNTY ASSESSOR ..s AUDITOR Certificate ST. JOSEPHUNTY STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Bianca L. Tirado, 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 NO. 5096-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 NORTH DR. MARTIN LUTHER KING JR. BOULEVARD, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE- YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP 111 CORPORATION ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OCTOBER, 14, 2024 PRESENTED TO, APPROVED AND SIGNED BY MAYOR JAMES MUELLER, OCTOBER, 17, 2024 ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: BIANCA L. TIRADO, CITY CLERK 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 22pJ day of (ido 6Er 20 ZK Bianca L. Tirado Clerk of the City of South Bend St. Joseph County, Indiana By - �uaa41^cw ��1 _._ Deputy RESOLUTION No. 5096-24 Passed by the Common Council of the City of South Bend, Indiana October 14, Attest: Attest: Bianca L. Tirado tit C Clt V \ 24 20 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 15, Approved and signed by me NWT 17 20 24 20 24 City Clerk Mayor BILL NO. 24-33 RESOLUTION NO. 5096-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 N. Dr. Martin Luther King Jr. Boulevard, South Bend, Indiana 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP 111 Corp. WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area described as: Key Number: 71-08-12-112-002.000-026 Local Parcel Number: 018-3091-347401 Commonly Known As: 123 N. Dr. Marting Luther King Jr. Boulevard Legal Description: River Bend Addn To City Of So Bend Sec 12-37-2e Also Known As Block 3 & Pt Of Block 4 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, the petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, is sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating the area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall expire on December 31, 2033. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of nine (9) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year4-95% Year 5 - 90% Year6-85% Year 7 - 80% Year 8 - 75% Year 9 - 70% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. LCt4 Ill_ C t_ek Sharon McBride, Council resident South Bend Common Council Attest: Bianca TiradCity Clerk 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 15th day of October , 2024, at 12 o'clock p.m. tm Bianca Tirado, Ci lerk Office of the City Jerk Approved and signed by me on the 1 7P1 day of VJa s Mueller, Mayor C. of South Bend , 2024, at y o'clock - 'ilse STATEMENT OF BENEFITS 2024 PAY 2025 f: •-4-• REAL ESTATE IMPROVEMENTS 1 State Form 51767(R7/1-21) FORM 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(check one box): Any Information concerning the cost ❑+ Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-d of the property and specific salaries the p p ) paid to individual employees by the E 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 en 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 properly 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 P►opertyshould 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/Reel 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 ot taxpayer AFP 111 CORP Address of taxpayer Number and Street! 9 Park Place,4th Floor city_ Great Neck State: NY ZIP: 11021 Name of contact person Telephone number E-mail address fit,'s::,c. Ben I iu:Nam, Zimmerman (516)466-6464 bzimmerman®unitedcapitalcorp.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of --Ignatingbody Resolution number Common Council of the City of South Bend Location of property Number and Street City State Zip 1 County DLGF taxing district number 123 N.Dr.Martin Luther King Jr.Dr. South Bend IN 46601 St. Joseph 026(South Bend-Portage) Descnption or real property improvements.redevabpment,or rehabilitation(use additional sheets"'necessary) Estimated start date(month,day,year) The hotel is scheduled to commence a$9.2 million FRCM renovation in connection with our Hilton Franchise Agreement that includes 1/10/2025 improvements to the Guestrooms and bathrooms,restaurant spaces,ballrooms and meeting rooms.Additionally,the hotel will be investing over$1 million in infrastructure improvements including sprinkler pines replacement.boiler conversions,elevator upgrades and Estimated completion date(month.day,year) HVAC replacements. 7/15/2025 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salaries Number Retained Salaries Number Addit onal Salaries 110 $4,034,800 110 $4,034,800 5 $ 160,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values $359,000 $8,961,500 Plus estimated values of proposed project $10,200,000 $4,000,000 Less values of any property being replaced $a $o Net estimated values upon completion of project $1C,559,000 S 12,961,500 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits The owner plans to donate the furniture, fixtures and other equipment to local charities in the greater South Bend area. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature authorized representative Date signed(mourn,day,year) eil Printed name of authonzed representative Tale Oeiv 2rnlr+r E/zon PN (//cr /6�-e3-fc%nr-7r Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed n/a calendar years'(see below). The date this designation expires is 12/31/2027 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements ®Yes ❑No 2.Residentially distressed areas ❑Yes ®No C. The amount of the deduction applicable is limited to$ n/a D. Other limitations or conditions(specify) n/a E. Number of years allowed: El Year 1 Year 2 ❑Year 3 ❑Year 4 ❑Year 5 ('see below) ❑Year 6 [D 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 6-1.1-12.1-17? ®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. Apprg14/ )L ( ?,/k2. (signature and title of authorized member of designating body) Telephone number Date signed(moprh day,year) c ( 574 ) 235 '33 Zt /I /3,/O.Pnnted name of authorized ember of designating body Name of designating body karbil vle I`rdi!� Common Council of the City of South Bend,Indiana Attested by(sl nature name of attestere a title of attester) ,,}/^ Di(e(tJ6 J` °Ii;CY �l'he�r Ne.( 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. 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