Waiving Conditions to Tax Abatement - SBL Buildings Co. LLC 212 E. LaSalle St. (6 Year Real Property)

Home Browse Search

RESOLUTION NO. 3031 -oz A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 212 E. LASALLE STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SBL BUILDING CO., LLC WHEREAS, SBL Building Co., LLC, an Indiana limited liability company (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB -1 statement of benefits with the South Bend City Clerk on February 5, 2002 [the Petition was refiled by the South Bend Department of Community and Economic Development on February 19, 2002] for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council "), requesting that the area commonly known as 212 E. LaSalle Street, South Bend, Indiana, and which has the parcel key number 18 -5003 -0041 (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6 -1.1 12.1 -1 et seo., and South Bend Municipal Code sections 2 -76 et seq.; and WHEREAS, the Petitioner's contractor began preliminary demolition of the interior of the Property on February 4, 2002 in preparation for the rehabilitation of the Property; and WHEREAS, the Petitioner's contractor obtained a building permit on February 8, 2002, and began rehabilitation (as defined by Indiana Code section 6- 1.1- 12.1 -1(6)) of the Property on or about February 13, 2002; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted a declaratory resolution in accordance with Indiana Code section 6- 1.1- 12.1- 2.5(b), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent circumstances that compel a petitioner to initiate such activities before such declaratory resolution has been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that exigent circumstances existed requiring the Petitioner to obtain a building permit and to initiate rehabilitation of the Property before the Common Council had adopted a declaratory resolution, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Petitioner has presented testimonial and documentary evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: A. The tenants of the Property and the owners of the Petitioner are two law firms, Tuesley & Hall and Konopa, Reagan & Kenyon, that have made a long -term commitment to maintaining offices in downtown South Bend, and