HomeMy WebLinkAbout4649-17 Waiving petitioner, Hoffman Hotel Apartments RESOLUTION
No. 4649-17
Passed by the Common Council of the City of South Bend, Indiana
July 10, 20 17
Attest: City Clerk
Attest* President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 11, 20 17 .
City Clerk
I
Approved and signed by me F 20
Mayor
y:
RESOLUTION NO. 4 lX Lf q
A RESOLUTION OF THE CITY OF SOUTH BEND
WAIVING PETITIONER, HOFFMAN HOTEL APARTMENTS
HOUSING PARTNERS, L.P.NON-COMPLIANCE
WITH IND. CODE §6-1.1-12.1.6 ET M .
WHEREAS,Hoffman Hotel Apartments Housing Partners,L.P.is the owner of real property
in the City of South Bend commonly called 120 W. LaSalle Ave., South Bend, Indiana, on which
Hoffman Hotel Apartments Housing Partners,L.P.,has remodeled a twelve story building formerly
known as Hoffman Hotel, which has been re-purposed as artist housing, and
WHEREAS, in conjunction with Hoffman Hotel Apartments Housing Partners, L.P.
development of the Hoffman Hotel, on September 24, 2013, the City of South Bend granted
Hoffman Hotel Apartments Housing Partners,L.P.a ten-year tax abatement which remains in effect
and was codified as Resolution 4286-13, and
WHEREAS,it has come the City of South Bend's attention that Hoffman Hotel Apartments
Housing Partners,L.P. failed to timely file an abatement deduction application with the St. Joseph
County Auditor for the following tax periods: Tax Year 2016(Pay 2017),and,as a result,Hoffman
Hotel Apartments Housing Partners, L.P. may lose the benefit of the ten-year tax abatement for
following: Tax Year 2016 (Pay 2017), and
WHEREAS,pursuant to Ind. Code§ 6-1.1-12.1-11.3 (2017),the City of South Bend has the
authority to waive Hoffman Hotel Apartments Housing Partners, L.P.'s failure to comply with
Indiana's tax abatement laws and, specifically, the authority to waive Hoffman Hotel Apartments
Housing Partners,L.P.'s failure to file a timely or complete abatement deduction application with
the county auditor, and
WHEREAS, the City of South Bend accepts that Hoffinan Hotel Apartments Housing
Partners,L.P.'s failure to timely file its abatement deduction application was an excusable mistake
which resulted through inadvertent over-sights, acknowledges that Hoffman Hotel Apartments
Housing Partners, L.P. filed a deduction application promptly after learning of its mistake, and
accepts that Hoffmann Hotel Apartments Housing Partners,L.P.is taking steps to avoid this problem
in the future, and
WHEREAS, pursuant to I.C. § 6-1.1-12.1-11.3(c), the City of South Bend has heard and
considered Hoffinan Hotel Apartments Housing Partners, L.P.'s request for a waiver of non-
compliance at a duty-called and public meeting of the Council,
Resolution No. (Continued)
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY OF SOUTH
BEND, INDIANA, THAT:
SECTION 1. Acting pursuant to the authority granted to it by I.C. § 6-1.1.42.1-11.3, the
City of South Bend hereby waives, Hoffman Hotel Apartments Housing Partners, L.P.'s failure to
comply with Indiana's tax abatement laws and, specifically, waives Hoffman Hotel Apartments
Housing Partners, L.P.'s failure to file a timely or complete abatement deduction application with
the county auditor for the following: Tax Year 2016 (Pay 2017).
SECTION 2. The City of South Bend hereby affirms that the ten-year tax abatement
previously granted to Hoffman Hotel Apartments Housing Partners, L.P. as Resolution 4286-13
remains in effect and directs Hoffman Hotel Apartments Housing Partners, L.P. to file this
Resolution for record with the St. Joseph County Auditor and/or St. Joseph County Assessor.
SECTION 3. This Resolution shall be in full force and effect from and after its passage and
approval, as required by law.
Passed and adopted this July 10 . 2017.
COMMON COUNSEL OF THE CITY
O H
By:
ATTEST:
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Clerk, City of South end
Filed in Clerk's Office
JUN 30 2017
KAREEMAH FOWLER PitESEN1t.t '��Iu��n
CITY CLERK,SOUTH BEND,IN NOT APPIkOVCfi