9394-03 Amend Chapter 2, Replacing in its entirety Article 6 Entitled Tax Abatement Procedures

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The tax abatement recipient's agreement to fulfill the conditions upon which the tax abatement is based ("Conditions of Abatement"), ? 2. The time within which the tax abatement recipient must comply with the Conditions of Abatement, 3. The tax abatement recipient's obligation to respond to periodic surveys regarding compliance with the Conditions of Abatement, 4. The tax abatement recipient's obligation to allow representatives of the Community and Economic Development Department to have access to the project premises and to perform inspections and audits as necessary to verify compliance with the Conditions of Abatement, 5. The events which: a. _ shall entitle the Council to terminate the tax abatement in whole or in part, and b. shall cause the tax abatement recipient to be obligated to repay all or a portion of the property tax savings received. D. Neither the applicant nor any Related Party of the applicant is delinquent or in default with respect to any property tax payment in St. Joseph County, Indiana. E. Neither the applicant nor any Related Party of the applicant has a record of violations of {acal, state, or federal Paws or regulations over a period of time that, in the opinion of the Council, tends to show a consistent pattern. Sec. 2-76.4 Add-On Abatement An Add-on Abatement ("Add-on Abatement") is available only for real property other than single-family residential construction and may be from one (1) to seven (7) years of abatement in addition to the Base Abatement. Hence, an applicant for real property tax abatement who is granted both a Base Abatement and an Add-on Abatement may receive in total from four (4) to ten (10) years of abatement. The Council may, in its discretion and in light of its evaluation of the public benefits produced by the applicant's proposed project, grant an Add-on Abatement to any applicant for real property tax abatement who qualifies for a Base Abatement under the provisions of Section 2-76.3 and whose proposed project is not single-family residential construction. As a guide to its deliberations regarding an Add- on Abatement, the Council may consider, among other things, (i) the number. of Public Benefit Points ("Public Benefit Points") awarded for the applicant's including in the Memorandum of Agreement commitments to execute one or more of the Public Benefit Actions ("Public Benefit Actions") described in paragraph A below and (ii) the total number of Public Benefit Points awarded in relation to the threshold numbers of Public Benefit Points required to earn consideration for additional years of abatement set forth in paragraph B below. A. Public Benefit Actions and Public Benefit Points. The Public Benefit Actions for which Public Benefit Points may be awarded are as set forth below. The number of Public Benefit Points that may be awarded is set forth in square brackets following the description of each Public Benefit Action. Tax Abatement Ordinance Page 23