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HomeMy WebLinkAboutBill No. 18-05 SpUTH k d , w y � PEACE x x 1865 CITY OF SOUTH BEND COMMUNITY INVESTMENT February 8, 2018 South Bend Common Council 4th Floor City-County Building c/o Kareemah Fowler, City Clerk Esteemed Council Members, It is customary for the Department of Community Investment, Economic Resources Team, to provide recommendations and/or guidance to Council for Tax Abatements. A Petition for Wavier of Non-Compliance for James and Nancy Masters of 5015 Masthead Court in South Bend was recently received at DCI. This Residential Tax Abatement was granted in November, 2013. No current members of the DCI Economic Resources Staff were present on staff in November 2013, making it difficult for our team to provide a meaningful recommendation for or against the request. Note that, while Real and Personal Property Tax Abatements for Businesses have meaningful parameters such as job creation and investment that we can confirm compliance with to make meaningful recommendations, Residential Tax Abatements do not provide these data points for our consideration. DCI therefore sends this Petition for Waiver of Non-Compliance to Council with No recommendation. Respectfully, I Daniel J. Buckenmeyer Director of Business Development and Economic Resources Department of Community Investment—City of South Bend EXCELLENCE ACCOUNTABILITY 1 INNOVATION I INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Bvld."South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov James A. Masters and Nancy J. Masters 5015 Masthead Court South Bend, Indiana 46628 Telephone: 574/291-9941 February 7,2018 Filed in Clerk's Office HAND DELIVERED FEB 07 2018 South Bend Common Council KART= AH-P=O—WEER 4`'Floor County-City Building riTY CLERK,SOUTH BEND,IN 227 West Jefferson Boulevard . South Bend,IN 46601 RE: Petition for Waiver to late-file Tax Abatement Application for 5015 Masthead Court, South Bend, IN 46601 Dear Members of the Common Council: This letter submits for your approval our Petition for a waiver of non-compliance to allow the late- filing of our application for tax abatement for our real estate at 5015 Masthead Court, South Bend, Indiana after the filing deadline for Tax Year 2017,pay 2018. The Common Council has the legal authority to waive the failure to file a timely tax abatement deduction application pursuant to Ind. Code § 6-1.1-12.1-11.3. We built a new home in The Villas at Lake Blackthorn in January,2017. One of the attractions for building a new home within the city limits was the five(5)year tax abatement available for the subdivision. Our application for the first year of the tax abatement, for Tax Year 2017, pay 2018,was filed in November, 2017. The County Auditor rejected the application for being filed late, more than thirty (30)days after the Form 11 notice of reassessment. The problem is that the Form 11 Notice sent by the County Assessor does not comply with state law. According to Ind. Code § 6-1.1-12.1-5(h)(2017), a county assessor is required to provide notice of the deadline to file a Form 322 tax abatement application with the Form 11 re-assessments notice to the property owner. The deadline to file a tax abatement application is thirty days from the date of the assessor's notice. The Form 11 re-assessment notice we received from the St. Joseph County Assessor for Tax Year 2017 pay in 2018 does not state any deadline to file a Form 322 tax abatement application. According to state law, all other deductions are to be completed and signed by December 31 of the year for the deduction. We filed our Form 322 tax abatement application in November, 2017, well before that deadline and before the tax bills have been issued. Had we been given proper notice that the application was due earlier,we would have submitted it earlier within the dealine. James A. Masters and Nancy J. Masters South Bend Common Council February 7, 2018 Page Two In view of the lack of proper legal notice,we request that the Common Council grant our Petition to allow our Form 322 tax abatement application to be deemed timely-filed for Tax Year 2017,pay 2018, in accordance with your statutory authority. Thank you for your consideration of this matter. Very truly yours, James . Masters JAM:st Filed in Clerk's Office RESOLUTION NO. FEB 07 2018 A RESOLUTION OF THE COMMON COUNCI L KAR --- FOWLER OF THE CITY OF SOUTH BEND,INDIANA, CITY CLERK,SOUTH REND,IN WAIVING NON-COMPLIANCE BY PETITIONE JAMES A. MASTERS AND NANCY J. MASTERS WITH IND. CODE § 6-1.1-12.1-5 ET So WHEREAS, Petitioners James A. Masters and Nancy J. Masters ("Petitioners") are the owners of real property located in The Villas at Lake Blackthorn at 5015 Masthead Court, South Bend, Indiana on which they constructed a new residential dwelling, and WHEREAS, in conjunction with the development of The Villas at Lake Blackthorn, the South Bend Common Council granted a five year tax abatement on new residential dwellings which is in effect and was approved by Resolution 4295-13 adopted on November 14, 2013, and WHEREAS, the Petitioners have brought to the attention of the Common Council that Petitioners failed to timely file an abatement deduction application with the St. Joseph County Auditor for Tax Year 2017,pay 2018 and,as a result,Petitioners may lose the benefit of the five year tax abatement beginning with Tax Year 2017, pay 2018, unless the Common Council grants a waiver, and WHEREAS,pursuant to Ind. Code § 6-1.1-12.1-11.3 (2017),the Common Council has the authority to waive the Petitioners' failure to file a timely tax abatement deduction application with the County Auditor, and WHEREAS, the Common Council accepts the Petitioners' failure to timely file their tax abatement deduction application as an excusable mistake which resulted through inadvertence, and acknowledges that Petitioners filed a tax abatement application before the end of the tax year and before the tax bill was issued, and WHEREAS,pursuant to Ind.Code§6-1.1-12.1-11.3(c),the Common Council has heard and considered the Petitioners' request for a waiver of non-compliance at a duly-called and public meeting of the Council, NOW,THEREFORE,IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION 1. Acting pursuant to the authority granted to it by Ind. Code § 6-1.1-12.1-11.3, the South Bend Common Council hereby waives the failure to comply with the deadlines of the Indiana tax abatement laws by Petitioners James A. Masters and Nancy J. Masters and,specifically, waives Petitioners' failure to file a timely or complete tax abatement deduction application with the County Auditor for Tax Year 2017, pay 2018. SECTION 2. The South Bend Common Council hereby affirms that the five year tax abatement granted for the real estate owned by Petitioners James A. Masters and Nancy J. Masters at 5015 Masthead Court, South Bend, Indiana pursuant to Resolution 4295-13 is in effect for five years commencing with Tax Year 2017, pay 2018. SECTION 3. This Resolution shall be in full force and effect from and after its passage and approval, as required by law. Member, South Bend Common Council .0 STATE OF INDIANA ) BEFORE THE SOUTH BEND COMMON COUNCIL ST. JOSEPH COUNTY ) JAMES A. MASTERS ) and ) NANCY J. MASTERS, ) Filed in Clerk's Office Petitioners. ) FEB 0 7 2018 Subject Real Estate: ) KAREEMAH FOWLER 5015 Masthead Court, ) CITY CLERK,SOUTH REND,IN South Bend, Indiana 46601, ) Parcel or identification number: ) 71-03-18-401-001.000-009/ ) 025-1010-017664. ) VERIFIED PETITION FOR WAIVER OF NON-COMPLIANCE The petitioners,James A. Masters and Nancy J. Masters,bring this petition pursuant to Ind.Code§ 6-1.1-12.1-11.3 to respectfully request the Common Council of the City of South Bend, Indiana to grant a waiver of non-compliance to allow the late-filing of an application for tax abatement for the real estate at 5015 Masthead Court, South Bend, Indiana after the initial filing i deadline. As used in this Petition,"we" and "our"refers to the Petitioners James A. Masters and Nancy J. Masters. In support of this petition we,the Petitioners, state: Statement of Purpose and Intent 1. We purchased real estate commonly described as 5015 Masthead Court, South Bend Indiana in June, 2014. The lot is located in The Villas at Lake Blackthorn. 2. In conjunction with the development of property in The Villas at Lake Blackthorn,the developer was granted a five year tax abatement on lots on which a dwelling is completed prior to November 14,2018. The abatement was approved as Resolution 4295-13 on November 14,2013. 1 'I A true copy of Resolution 4295-13 is attached to this petition as Exhibit 1. 3. The tax abatement was a factor in our deciding to purchase real estate and build a new home in the City of South Bend. We constructed a new residential dwelling on the lot that was completed in January, 2017. 4. The St. Joseph County Assessor issued a Notice of Reassessment of our property dated July 21, 2017 (Form 11). A true copy of the Form 11 is attached to this petition as Exhibit 2. 5. We filed a tax abatement application(Form 322)for the property on or about November 14, 2017 for Tax Year 2017,pay 2018. True copies of our abatement application and letter to the Auditor are attached to this petition, collectively, as Exhibit 3. 6. The St.Joseph County Auditor rejected our tax abatement application for Tax Year 2017, pay 2018 because it was not filed within thirty(30)days of the date of the Form 11. A true copy of the Auditor's rejection letter is attached to this petition as Exhibit 4. 7. The Form 322 was filed late as the result of excusable and innocent neglect. 8. Ind.Code§6-1.1-4-22 requires the St.Joseph County Assessor to send St.Joseph County property-owners a notice of re-assessment each year. According to Ind. Code § 6-1.1-12.1-5(h), a county assessor is required to provide notice of the deadline to file a Form 322 for a tax abatement with the re-assessment notice. The statute states: "The township assessor shall include a notice of the deadlines for filing a deduction application under subsections(a)and(b)with each notice to a property owner of an addition to assessed value or of a new assessment." 9. In this case,the re-assessment notice issued by the St. Joseph County Assessor does not state any deadline to file a Form 322 tax abatement application Tax Year 2017, pay 2018. Consequently,we were not given proper legal notice that the first tax abatement application(Form 2 322) was required to be filed within thirty (30) days of the date of the Assessor's re-assessment notice. 10. According to Indiana law,other property tax deductions are to be completed and signed by December 31 of the year for the deduction and filed with the County Auditor by January 5 of the following year. We filed our Form 322 within the deadline applicable to other tax deductions and well before any tax bills have been issued. 11. Because the re-assessment notice from the St. Joseph County Assessor for Tax Year 2017 pay in 2018 does not state a deadline to file our tax abatement application,an argument can be made that the thirty day deadline to file the application has not yet begun to run,so the tax abatement application is not late. 12. Rather than argue the legal point with the County Auditor and the County Assessor, we are asking the Common Council to grant a waiver of non-compliance so that the Auditor can apply our tax abatement application retroactively for Tax Year 2017,pay 2018. Request for Waiver 13. Under Ind. Code § 6-1.1-12.1-11.3, the Common Council has the authority to waive a taxpayer's non-compliance with Indiana's tax abatement laws. Included with these powers is the power to waive a taxpayer's failure to file a timely or complete abatement deduction application with the County Auditor. Ind. Code § 6-1.1-12.1-11.3(a)(5). 14. The Common Council must conduct a public hearing on the taxpayer's request for a waiver and pass a resolution waiving the taxpayer's non-compliance. Ind. Code § 6-1.1-12.1- 11.3(c). 3 15. In accordance with these provisions of Indiana law, we respectfully asks the Common Council to consider this petition at a public hearing and grant our request for a waiver to allow our tax abatement application to be filed with the Auditor for Tax Year 2017, pay 2018. Respectfully Submitted, James A. MAters (#79074-71) ETH,FEENEY, MASTERS & CAMPITI, P.C. 350 Columbia Street South Bend, Indiana 46601 Telephone: (574) 234-0121 Attorney for James A. Masters and Nancy J. Masters Verification We affirm, under penalties for perjury,that the foregoing representations are true. James A Masters, Petitioner 6244!L �Z, Nancy J. Masters, Petitioner Dated: rc/j�2 uow 4 Exhibit 1 United States of America III f j 1I I STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I,John Voorde,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 4295-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4528, 4536 4546 4606, 4612 LAKE BLACKTHORN DRIVE,6568 DOCKSIDE DRIVE,4636,4644,4710,4720,4728,4814, 4822 STARBOARD DRIVE, 6510, 6507 STILL WATERS COURT,4938,4954, 5011, 4935, 4915 STERN LINE COURT, 6535, 6530, 6634 LEEWAY DRIVE, 5015, 4917 MASTHEAD COURT; 5002,5010, 5013,5003,4925 BOW LINE COURT,4738,4712 PORTSIDE DRIVE, 4627, 4611, 4604, 4614, 4624 PIER COURT, 6613 DOCKSIDE DRIVE,4711,4719,4821,4829 STARBOARD DRIVE, 6530 LAKE CREST CIRCLE, 6735, 6747, 4736, 4739 BLACKTHORN HARBOR DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, NOVEMBER 11, 2013 PRESENTED TO, APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG, NOVEMBER 12, 2013 ATTEST: DEREK D. DIETER, PRESIDENT OF THE COMMON COUNCIL ATTEST: JOHN VOORDE, 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_I'OL\ day of 20 1 3 JOHN VOORDE Clerk of the City of South Bend St. Joseph County,Indiana By: t Deputy RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION WI DECLARATORY CITY OF RESOLUTION DESIGNATING CERTAIN �Y �O� AS SOUTH BEND, INDIAN , 4528, 4536, 4546, 4606, 4612 Lake Blackthorn Drive; 6568 Dockside Drive; 4636, 4644, 47103 4720, 4728, 48141 4822 Starboard Drive; 6510, 6507 Still Waters Court; 4938, 4954, 5011, 4935, 4915 Stern Line Court; 6535, 6530, 6634 Leeway Drive; 5015, 4917 Masthead Court; 5002, 5010, 5013, 5003, 4925 Bow Line Court; 4738, 4712, Portside Drive; 4627, 4611, 4604,r4614, 60 Lake Pier Cr Court; 6613 Dockside Drive; 4711, 4719, 4821, 4829 Starboard 4, 6735, 67473 4736, 4739 Blackthorn Harbor Drive AS RESIDENTIALLY DISTRESSED AREAS FOR OF A (5) FIVE-YEAR RESIDENTIAL REAL TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at lake Blackthorn— Section One, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN,SECTION ONE A PART OF THE NORTHWEST,SOUTHWEST,AND SOUTHEAST QUARTERS OF SECTION 18,TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED"SEC.CORNER';THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST,A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST,A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, h CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, E SOUTH RRDLONG SAID RIGHT OFWAY SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST;( )THENC CURVE,A DISTANCE OF 934.56 FEET;(4)THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, I 1 r A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20.SECONDS WEST, A DISTANCE OF 401.95 FEET;(8)THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST,A DISTANCE OF 256.87 FEET;(9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED M INSTRUMENT NUMBER 8717366,AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST,A DISTANCE OF 181.22 FEET;THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET;THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET;THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET;THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST,A DISTANCE OF 100.00 FEET;THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH,HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES I l MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT I OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST,A DISTANCE OF 66.96 FEET;(2)THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST,A DISTANCE OF 556.25 FEET;(3)THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST,A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18,TOWNSHIP 38 NORTH,RANGE 2 EAST;THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST,A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY,AS INSTRUMENT#0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES,MORE OR LESS. SUBJECT TO ALL EASEMENTS,AND RIGHT OF WAY OF RECORD. and which has Key Numbers: 4528 Lake Blackthorn Drive 025-1010-0176 025-1010-017620 4536 Lake Blackthorn Drive 025-1010-017621 4546 Lake Blackthorn Drive 025-1010-017622 4606 Lake Blackthorn Drive 025-1010-017623 4612 Lake Blackthorn Drive 6568 Dockside Drive 025-1010-017625 4636 Starboard Drive 025-1010-017626 4644 Starboard Drive 025-1010-017627 4710 Starboard Drive 025-1010-017629 4720 Starboard Drive 025-1010-017630 4728 Starboard Drive 025-1010-017631 4814 Starboard Drive 025-1010-017635 4822 Starboard Drive 025-1010-017636 6510 Still Waters Court 025-1010-017637 6507 Still Waters Court 025-1010-017639 4938 Stern Line Court 025-1010-017644 4954 Stern Line Court 025-1010-017646 5011 Stem Line Court 025-1010-017650 4935 Stern Line Court 025-1010.017655 4915 Stern Line Court 025-1010-017657 6535 Leeway Drive 025-1016-017658 ,5.015 Masthead Court 025-1010-017664 4917 Masthead Court 025-1010-017667 5002 Bow Line Court 025-1010-017672 5010 Bow Line Court 025-1010-017673 5013 Bow Line Court 025-1010-017674 5003 Bow Line Court 025-1010-017675 4925 Bow Line Court 025-1010-017677 4738 Portside Drive 025-1010-017687 4712 Portside Drive 025-1010-017690 4627 Pier Court 025-1010-017693 4611 Pier Court 025-1010-017695 4604 Pier Court 025-1010-017697 4614 Pier Court 025-1010-017698 4624 Pier Court 025-1010-017699 6613 Dockside Drive 025-1010-017703 4711 Starboard Drive 025-1010-017708 4719 Starboard Drive 025-1010-017709 6530 Lake Crest Circle 025-1010-017711 4821 Starboard Drive 025-1010-017717 4829 Starboard Drive 025-1010-017730 6530 Leeway Drive 025-1010-017719 6634 Leeway Drive 025-1010-017724 6735 Blackthorn Harbor Drive 025-1010-017403 6747 Blackthorn Harbor Drive 025-1010-017428 4736 Blackthorn Harbor Drive 025-1010-017429 4739 Blackthorn Harbor Drive 025-1010-017728 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se q., 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 a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se 4., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii, evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent(10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years commencing from November 12 2008 or the date of the adoption of this Resolution by the Common Council whichever date is later. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years commencing,from November 12 2008, or the date of the adoption of the Declaratory Resolution by the Common Council whichever date is later. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Bed In ICI ``; CITY CLERK,60U',��, 6'-4 Exhibit 2 ROSEMARY MANDRICI NOTICE OF ASSESSMENT OF LAND AND STRUCTURES/IMPROVEMENTS ` Y St.Joseph County Assessor State Form 21366(R15/11-15) 227 W.Jefferson Blvd., Rm 307 Prescribed by Department of Local Government Finance [FORM 11 South Bend, IN 46601 e � This notice Indicates the assessed value of your property. Information on the valuation of your property and a copy of the property record card can be obtained from the Assessing Official at the telephone number and address below. Legal Description LOT 46 THE VILLAS AT LAKE BLACKTHORN SEC 1 04/05 NEW 1:1013 • • ' REPLAT TRANS 1955 4/21/03 Name and Address of property owner Parcel or Identification number 71-03-18-401-001.000-009 / 025-1010-017664 70451 •"""AUTO"6-DIGIT 46628 T144 PI MASTERS JAMES A AND NANCY J Property address(number and street,city state and ZIP code) 5015 MASTHEAD CT 5015 MAST HEAD CT,SOUTH BEND, IN 46628 SOUTH BEND,IN 46628.9002 �I��Illlrl��ll�lrllrl�r�lll�llll��l�l����l'I�IIIII'I"I'�'llllll� Notice to the taxpayer of the opportunity to appeal(IC 6-1.1-15-1): If the taxpayer does not agree with the action of the Assessing Official giving this notice, an appeal can be initiated to challenge that action if the taxpayer files a notice for review in writing with the Township Assessor(if any)or the County Assessor not later than forty-five (4 5) days after the date of this notice of assessment. The written notice for review should include the name of the taxpayer, the address of the property, the key number or the parcel number of the property,the address of the taxpayer(if different from the property address),and the telephone number of the taxpayer. An Assessing Official who receives a notice for review must attempt to hold a preliminary informal meeting with the taxpayer to resolve as many issues as possible. The taxpayer may use a Form 130-Short to file this appeal. This form is available from the Assessing Official or at https•//forms in Rov/Download aspx?id=6979. An appeal of this assessed value requires evidence relevant to the value of the taxpayer's property as of the assessment date. PREVIOUS ASSESSMENT NEW ASSESSMENT EFFECTIVE JANUARY 1, 2017 LAN D $700.00 LAND $53,000.00 STRUCTURES/IMPROVEMENTS* $0.00 STRUCTURES/IMPROVEMENTS* $276,900.00 TOTAL $700.00 TOTAL $329,900.00 *The term"Improvements"Includes,but Is not limited to,buildings,structures,fixtures,and appurtenances. It represents a value added to the value of the land to equal the property's total market value-in-use. It should not be confused with Improvements resulting from routine maintenance to the property,such as painting a house, Reason for revision of assessment: CHANGE IN PROPERTY USE 2017 Annual Adjustment THIS IS NOT A BILL(RETAIN FOR YOUR RECORDS) • The Purpose of this form is to notify you of your assessed value for tax year 2017 pay 2018. • Your property record card (PRC)is available @ www.st'osephcountyindiana.com Departments: "Assessor" and "Search Property Information" If you believe this assessment is not accurate,you have 45 days from the date on this notice to file an appeal with your assessor. • The Deadline to file an appeal is September 7th, 2017. For your information, when filing an appeal, you are disputing your assessed value only. This will be your only opportunity to do so. • To submit an appeal you may bring it to the Assessor's office between 8:00-4:30 or e-mail it to AppealsDep co.st-ioseph.in.us • For your convenience,we will have extended office hours on July 261h 27`n and September 51n,2017 from 4:30 p.m.to 6:00 P.M. at the County Assessor's office,located on the third floor of the County-City Building,227 W.Jefferson Blvd.,South Bend,IN 46601. In the event that your assessment has been corrected by an appeal,your previous assessment total value above may or may not reflect the corrected value. • The term "IMPROVEMENTS" includes, but is not limited to,buildings,structures,fixtures, and appurtenances. It represents a value added to the value of the land to equal the property's total market value-in-use. It should not be confused with improvements resulting from routine maintenance to the property,such as painting a house. For additional information you can call (574)235-9557 or(574)235-9523 or(574) 245-6708 If the change in assessment is due to a new home, a taxpayer should be aware that there are many property tax benefits or deductions available. Please see INDIANA PROPERTY TAX BENEFITS (State Form 51781) available on the DLGF website, www IN.eov/dlef If the real property is reassessed because it has been rehabilitated, a taxpayer may be eligible for rehabilitation deductions -see Form 322A or Form 322/RE. If the non-residential real property is reassessed because it has been rehabilitated,a taxpayer may be eligible for rehabilitation deductions-see Form 322A. Other non-residential construction may be eligible for deductions-see Forms 322/RE&Form 322/VBD. County Taxing District Number-Township Date of Notice(month,day,year) ST.JOSEPH COUNTY 009 SOUTH BEND-GERMAN 07I21I2017 Assessing Official Telephone Number (574)235-9557 (574)235-9523 (574)245-6708 ROSEMARY MANDRICI Address(number and street,city,state ZIP code) 227 WEST JEFFERSON BLVD,SOUTH BEND,IN 46601 Exhibit 3 James A. Masters and Nancy J. Masters 5015 Masthead Court South Bend, Indiana 46628 Telephone: 574/291-9941 November 14, 2017 Auditor, St. Joseph County 2"Floor County-City Building 227 West Jefferson Boulevard South Bend, IN 46601 RE: Tax Abatement Application for 5015 Masthead Court, South Bend, IN 46601 Key Number 71-03-18-401-001.000-009/ 025-1010-017664 Dear Auditor: Enclosed is our Form 322 /RE, Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas for 5015 Masthead Court, South Bend, Indiana 46601 for tax year 2017, pay 2018. Please advise if any additional information or documents are required. Thank you. Very truly yours, James A. Masters JAM:st 3 �•°•'•a APPLICATION FOR DEDUCTION FROM ASSESSED VALUATION 20 18 y OF STRUCTURES IN ECONOMIC REVITALIZATION AREAS (ERA) RE a 11' State Form 16379(R1416-16) > Prescribed by the Department of Local Government Finance INSTRUCTIONS: 11 `t 1. This form is to be filed in person or by mail with the County Auditor of the county in whI' erty is IoC 2. To obtain this deduction,a Form 322/RE must be filed with the County Auditor befor ft 10 in yearn wf i� addition to mailed e after valuation 1 o If the o if it new assessment)is made,or not later than thirty(30)days after the assessment not' mailed to tpppp,d� p y property owner misses the May 10 deadline in the Initial year of assessment,he ca ®pply bet1AIJ1 d 10 of a subsequent year for the remainder of the abatement term. (See also 1C 6-1.1-12.1-11.3 concerning the faflu file a tlk?118811y application.) 3. A copy of the Form 11,the approved Form SB-1/Real Property,the resolution ado by the desiRrttAtbody-any Form CF-1/Real Property must be attached to this application. r 1vo Ca9tin 4. The Form CF-1/Real Property must be updated annually and provided to the Coun ditor and�tf 7 afin � for each assessment year in which the deduction is applicable. 5. Please see IC 6-1.1-12.1 for further instructions. 6. Taxpayer completes Sections 1,11 and 111 below. 7. If property located in an economic revitalization area is also located in an allocation area as define In 36-7-14-39 or IC 36-7-15.1-26,an application for the property tax deduction may not be approved unless the Commission that designated the allocation area adopts a resolution approving the application (IC 6-1.1-12.1-2(k)). 6. redevelopment t fordeductions related a d to redevelopment a may habih be approvreal r th property low/ng facifit/es(IC 6 9.1 consolidated city,a deduction for the a. Private or commercial golf course j. Any facility,the primary purpose of which is(a)retail food and beverage service;(b)automobile sales or service;or(c)other retail;(unless the b. Country club facility is located in an economic development-target area established c. Massage parlor under IC 6-1.1-12.1-7). d. Tennis club k. Residential,unless the facility is a multi-family facility that contains of modrate income e. Skating facility,including roller skating,skateboarding or ice skating least 20%of the unit the habit for located In an economec development f. Racquet sport facility(including handball or racquet ball court) target area established under IC 6-1.1-12.1-7,or the area is designated g. Hot tub facility as a residentially distressed area which is required to meet conditions as h. Suntan facility cited in IC 6-1.1-12.1-2(c)(1&2). i. Racetrack 1. Package liquor store(see IC 6-1.1-12.1-3(e)(12)) SE0710N I: DESCRIPTION,b PROPERTY The owner hereby applies to the County Auditor for a deduction pursuant to IC 6-1.1-12.1-5 beginning with the assessment date January 1,20_L7 . County Township DLGF taxing district numhnr Key number 71-03-16-401-001.000-0091 0251010.017664 St. Joseph County German B German 71 -009 Name of owner Legal description from Form 11 James A. Masters and Nancy J. Masters Lot 46 The Villas at Lake Blackthorn Sec 1 04/05 New Replal Trans 1955 4/21/03 Date of Form 11(month,day,year) Property address(number and street,city,state,and ZIP code) 7/21/2017 5015 Masthead Court, South Bend, Indiana 46628 use of structure Type of structure Residential Home Detached single family home Governing body that approved ERA designation Date ERA designation approved(month,day,year) Resolution 4295-1 3 South Bend Common Council November 11, 2013 s r r -C tQJJrQF�g1NNER,OR; EPRESENTATIVE- `' Date signed(month day,/ear) Signal own or represent rve(1 hereby certify that the rep se afions on this application are true.) November�, 201 7 F. ~��� A dress number and street,city,state,and ZIP code) rinted ma of owner or representative James A. Masters/Nancy J. Masters 5015 Masthead Court, South Bend, IN 46628 AUDITOWS r. :: �. .t:.A.Rehabilitation structure I.Assessed valuation AFTER rehabilitation $ - 2. Assessed esse d vat nation BEFORE RE rehabilitation $ 3.Difference in assessed valuation(Line 1 minus Line 2) $ -- 4.Assessed valuation eligible for deduction $ (for the increase in AN from the rehabilitation,not Including the increase in AN from the reassessment of the entire structure) $ 329,900-00 B.New structure 1.Assessed valuation $ 329,200.00 2.Assessed valuation eligible for deduction _ { -.:?J 1 « l(kRIPI 'G�OIV�at=�sSESSING QFFICIAL I verify that the above described structure was assessed and the owner was notified on with the effective date of the assessment being January 1,20 ,and that the assessed valuations in Section III are correct. Signature of assessing official Printed name of assessing official Date(month,day,year) Page i of 2 1 T O �1l a �' a _ {' BPI . YIiERE THE STATEMENT OF'BENEFITS WAS, x y .,APP _YED R R._ 1.- 20,E R A,'O Q S .J E PER IG.6 1.1.12 1 17 YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE/DEDUCTION* YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE/DEDUCTION** (1)For deductions allowed over a one(1)year period: (8)For deductions allowed over a eight(8)year period: 1 20__pay 20_ $ 100% '__% $ 1 20_pay 20_ $ 100% '—% $_ 2 20_pay 20_ $ 88% '-% $_ (2)For deductions allowed over a two(2)year period: 3 20_pay 20! $ 75% '—% $- 1 20__pay 20_ $ 100% '—% $ 4 20__pay 20__ $ 63% '—% 50% % $ 5 20_pay 20_,_ $ 50% % $_ 2 20_pay 20_ $ — 6 20_pay 20_ $ 38% (3)For deductions allowed over a three(3)year period: 7 20_pay 20^ $ 25% _ $ o % $_ 1 20__pay 20•_, $ 100% '—% $ 8 20 20 _pay 13/o 2 20_pay 20_ $ 66% '_% $ 3 20_pay 20_ $ 33% '—% $ (9)For deductions allowed over a nine(9)year period: 1 20_pay 20 $ 100% .-% $_ (4)For deductions allowed over a four(4)year period: 2 20_pay 20_ $ 88% '—% $_ 1 20_pay 20_ $ 100% '—% $ 3 20_pay 20_ $ 77% '—% $_ 2 20_pay 20_ $ 75% '—% $ 4 20_pay 20_ $ 66% '-% $_ 3 20_pay 20__ $ 50% ' % $ 5 20_pay 20__ $ 55% *-% $_ 4 20__pay 20_ $ 25% '—% $ 6 20_pay 20_ $ 44% —% $_ 7 20_pay 20_ $ 33% '_% $_ (5)For deductions allowed over a five(5)year period: 8 20_pay 20_ $ 22% '_% $_ 100% % $ 9 20_pay 20_ $ 11% % $ 1 20�pay 20_ $ -- 2 20_pay 20__ $ 80% `—% $ 60% % $ (10)For deductions allowed over a ten(10)year period: 3 20_pay 20_ $ ° ° 4 20_pay 20_ $ 40% '_% $ 1 20_pay 20_ $ 100% 5 20__pay 20_ $ 20% `—% $ 2 20_pay 20` $ 95% 3 20_pay 20` $ 80% $- (6)For deductions allowed over a six(6)year period: 4 20—,pay 20_ $ 65% $- 1 20_pay 20_ $ 100% '—% $ 5 20_pay 20_ $ 50% 0 2 20__pay 20,_ $ 85% '—% 5 6 20_pay 20_ $ 40% 66% % $ 7 20_pay 20_ $ 30% % 5- 3 20_pay 20_ $ "- 50% % $ 8 20,_pay 20_ $ 20% % $ 4 20•_pay 20_ $ — 34% % $ 9 20_pay 20_ $ 10% 5 20_pay 20_ $ — 17% % $ 10 20_pay 20_ $ 5% 6 20_pay 20_ $ — (7)For deductions allowed over a seven(7)year period: NOTE: The deduction percentages shown in this section apply to a statement of benefits approved before July 1, 2013 that did not 1 20•_pay 20_ $ 100% '—% $ have an alternative deduction schedule adopted by the 2 20_pay 20_ $ 85% '—% $ designating body.All other abatements shall use the percentages 3 20_pay 20_ $ 71% `—% $ reflected in the abatement schedule adopted by the designating 4 20_pay 20_ $ 57% % $ body perk 6-1.1-12.1-17. — 5 20_pay 20_ $ 43% —% $ * The amount of the deduction shall be adjusted annually to reflect changes 6 20_pay 20_ $ 29% `—% $ to the assessed valuation resulting from a reassessment or an appeal of 7 20_pay 20_ $ 14% `—% S the assessment per IC 6-1.1-12.1-4(b). Mn EC NtY( FOR ESID Ni Y DISTRESSED AREA WHERE7! S ATEMEIJT�rOF�"BENEFITS WAS APPROVED BEFORE JULY 1, 2013 J 6 '� f nE DEDUCTION SCHF,0 MPER-ICL6 1 DEDUCTION IS THE LESSER OF: DEDUCTION ISALL0:4ED FCLUDESE(5) TYPE OF DWELLING YEAR PERIODEATRST INCLUDES [IC 6-1.1-12.1-4.1(b)) • One(1)family dwelling Assessed value(after rehabilitation or redevelopment) $ or$74,880 AV pay_through__pay • Two(2)family dwelling Assessed value(after rehabilitation or redevelopment) $ or$106,080 AV pay_through pay ❑ Three(3)unit multifamily dwelling Assessed value(after rehabilitation or redevelopment) $ or$156,000 AV pay_through pay_ ❑ Four(4)unit multifamily dwelling TAssessed value(after rehabilitation or redevelopment) $ or$199,680 AV pay_through pay_ Assessed value limits for taxes due and payable prior to January 1,2005 were$36,000,$51,000,$75,000,and$96,000 for one to four family dwellings,respectively. 10NzV�l_iAPPRQ,AL Q, l�N'. - GD TOR.COMPL6,EONUY�lFirAPPROVED This application Is a2proved in the amounts shown above. Date signed(month,day,year) Signature of County Auditor Printed name of County Auditor Page 2 of 2 w STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS 20_PERGa 0--- 0 Stele Forth 51767(R4 12-113) FORM Se-1 1 l Prop erty Prescribed by the Department of Local 0ovemment Finance PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code(check one box); The cost and anyspeciliolnclMduai's ❑ Redevelopment or rehabilitation of real estate improvements(IC 6-1.1A2.1-4) salary Information Is confidential;the ❑ Residentially distressed area(IC 8-1.1-12.1-4.1) balance of the fling is p'jblic record Per IC 6.1.1.12.1.5.1(c)end(d). 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 w1shes to claim a deductor. 'Projects'planned orcommitted to after July 1, 1987,and areas designated after July 1, 1987,require e STATEMENT OF BENEFITS, (IC 6-1,1.12.1) 2. Approval of the designating body(City Council, Town Board,County Council,etc.)must be obtained prior to Initiation of the redevelopment or rehabilitation,BEFORE a deduction maybe approved. 3. To obtain a deduction,a Form 3221RE must be filed with the County Auditor before May 10 in the yearin 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 Nit was mailed aRerApril 10. If the prop any owner misses the May 10 deadline in the Initial year of occupation,he can apply between March 1 and May 10 ore subsequent year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991,.must attach a Form CF•1 1Real Property annually to the application to show compliance with the Statement of Benefits, (iC 6-1.1-12.1-5.1(b)and iC 6.1.1-12.1-5.3Q)J. 5. The schedules established under IC 6-1.1-12.1-4(d)for rehabilitated property apply to any economic revitalization areas designated after June 30,2000, unless an altemetive deduction schedule is adopted by the designating body(IC 6-1.1-12.1-17). The schedules effective prior to July 1,2000,shall cgqontinuel to/apply to economic revitalization areas designated before July 1,2000.ti Name of taxpayer COOREMAN REAL ESTATE GROUP, INC, Address of taxpayer(number and street,city,state,and ZiP code) 4404 TECHNOLOGY DRIVE, SOUTH BEND, IN.46628 Name of contact person Telephone number E-rraC address STEVE C}OOREMAN y ��, � n ({�5743 1.2.77-0116 STEVEQ�COOREMAN.COM .J �`, .:.._. _.........,_...._.. _._,._.........���r�t � :•'"'-'" :•.:-.: Name of designating body '.r ot SOUTH BEND COMMON COUNCIL Res �numb Location of properly County DLGF taxing district number N OF BRICK RD./E OF ORANGE RD./W OF US 31 BYPASS ST.JOSEPH GERMAN Descriplion of real properly improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estvnated sta-i date(month,day,yeah Fifty one(51)homes in The Villas at Lake Blackthorn Section I and II-a single family home subdivision 11/12/2013 which has a total of 114 lots, located on 56+/-acres with a large lake,gazebo park,and small pond. Avg home price is$250,000.Avg lot price is$47,000. Eslrmaled completion date(month,day,year) 11/12/2018 7 c ' 4.'L :._ 3 j:�71}(1 .� 4 .i 1�?� t-tc�t' g`�i 1�.,� r .. Current number Salaries Number retained Salaries Number additional .•Salaries 3t�,�: - _c ` ? 1��� r'` 111 e i 7 e ;•f e ..� REAL ESTATE ItdPROVEMENTS COST ASSESSED VALUE Current values 1175.00iQ eta 530,000.00 Plus estimated values of proposed project, 5 -`�6, r r✓r 1'3*�`6t� 6 Y3"S� Less values of any property being replaced r .00 0.00 Net estimated values upon completion of pro ecl _ 15,100,000,00 - ------r----r . . 15,100,000.00 edit.: •.+;.:.a'� ,:�:.;r. Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) _ Other benefits SECTION 6 TAXPAYER CERTIFICATION I here by ce at the rep r tatfons in this statement are true. Signature of tali Tlue •, � Oats signed(mon ,day,year) i PRESIDENT G Page 1 of 2 s , We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following Ilmllatrons: A. The designated area bas been limited to a period of time not to exceed�_calendar yearn (see below). The date this designation expires is l —L (a B. The type of deduction that is allowed in the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements %Yes 0 No 2.Residentially distressed areas 4,Yes 0 No C, The amount of the deduction applicable is limited to$ D, Other limitations or conditions(specify) E. The deduction Is allowed for years*(see below). F. Did the designating body adopt an alternative deduction schedule per IC G 1.1 12.1-17? 0 Yes ❑No If yes,attach a copy of the alternative dedvction schedule to this form. We have also rev* ved the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the t ality of be is sufficient o Juslity the deduction described above. Approved(signature a !i ing body) Telephone number Defe s goad(month,day,year) ktfested=Ila!rster) Designated body / � S r SI YYW� �Wf l If the Ignating body limits the time period during which an area is an economic revitalization area,it does not limit the length of lime a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1.12.1.4. A. For residentially distressed areas,the deduction period may not exceed five(5)years. B. For redevelopment and rehabilitation or real estate improvements: 1, if the Economic Revitalization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. It the Economic Revitalization Area was designated after June 30,2000,and is not in a residentially distressed area,the deduction period may not exceed ten(10)years. Page 2 of 2 rage .t ui i James Masters From: "Stephanie Petsche" <spetsche @cooreman.com> Date: Tuesday,November 14,2017 2:02 PM To: "Steve Cooreman" <steve @cooreman.com>; "James Masters"<jmasters(a nfmlaw.com> Subject: Fwd:Tax Abatement Re: CF-lA ----------Forwarded message ---------- From: Angelina Billo<abillo(@,southbendin.gov> Date: Tue,Nov 14, 2017 at 1:44 PM Subject: Tax Abatement To: "spetsche�cooreman.com" <spetsche(a,cooreman.com> Stephanie, Per our conversation earlier today, I am confirming that the CF-1 for a residential real property is not required. Thanks, A A �x�rir A . Angelina Billo Economic Resources -Al Department of Community Investment Ins (574)235-5838 abiIlo @southbendin.gov City of South Bend 227 W.Jefferson Blvd. South Bend,IN 46601 A A IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming a-mails are not routinely screened for response deadlines, and as such,please notify the sender separately by fax of any message containing deadlines. In addition, E- Mail information cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission, If verification is required, please request a hard-copy version. 11/14/2017 Exhibit 4 I ST. JOSEPH COUNTY AUDITOR 227 W. Jefferson Blvd. Second Floor County City Building South Bend, IN 46601 Telephone 574-235-9668 Michael J. Hamann Fax 574-235-5024 John H. Murphy Auditor Chief Deputy Auditor James A. & Nancy J. Masters 5015 Masthead Ct. South Bend, IN. 46628 Date: 12/4/17 RE: Abatement Application Dated 11/17/17—(Denied for 2017/payable 2018) Tax ID#: 025-1010-017664 Dear Taxpayers, I have received your Residential Abatement form (Form 322/RE) that you filed in our office on Nov. 1.7, 2017. Per the instructions on the form, this deduction is to be filed "before May 10th in the year in which the addition to assessed valuation (or new assessment) 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." Your Notice of Assessment was mailed to you on 7/21/2017. 1 regret to inform you that you missed the thirty (30) day filing window. Therefore, the abatement will not be applied to your 2017/pay 2018 tax bill. You have missed the filing date for year#1 of the five (5) year abatement. You will need to reapply next year prior to May 10th to receive the benefit of the second year of your abatement. This will be year#2 of your 5 year abatement. If you should have any questions, please feel free to call me at (574)235-9398. Sincerely, Kathy Gregorich Office Manager/Settlement Specialist St.Joseph County Auditor's Office