HomeMy WebLinkAbout18-07 Petition for Non-Compliance- The LaSalle Apartments, LLC 10501 Hague Road
Fishers, IN 46038
Office 317. 815•5929
Development/1)esign,1 C;onstrul;dicrrt/ cxrrr�,enaeri,.
Fax 317 . 815.5930
February 13, 2018
Filed in Clerk's Office
City of South Bend Common Council
227 West Jefferson Blvd.,Suite 400S FEB 14 20��
South Bend, IN 46601
KAREEMAH FOWLER
RE: The LaSalle Apartments, LLC—237 N. Michigan St. I CITY CLERK,SOUTH BEND, IN
Dear Common Council:
Please find enclosed the Petition for Waiver of Non-Compliance associated with the development referenced
above. We request that this Petition be taken before the Common Council as soon as possible(February 26,
2018 meeting)so that we can rectify this situation.
Based on discussions with the St.Joseph County Auditor,The LaSalle Apartments, LLC has learned that its tax
abatement was not recognized by the Treasurer because The LaSalle Apartments, LLC inadvertently did not file
an abatement application in the spring of 2016.
The LaSalle Apartments did not receive the re-assessment notice from the Assessor for Tax Year 2017(Pay
2018). Consequently,The LaSalle Apartments, LLC was unaware that it was obligated to file its annual
abatement deduction application within thirty days of the date of the Assessor's re-assessment notice.
Immediately after learning of this oversite,The LaSalle Apartments, LLC filed the Tax Year 2017 (Pay 2018)
I
abatement application with the Auditor.
If there are any questions or additional information needed regarding the Petition or getting it put before the
j Common Council, please contact me directly at (317)815-5929.
Sincer I
rey A. Ryan
Vice President of Development
RealAmerica Companies
www.Rea]AmericaLLC.com
BILL NO. 18-07
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH BEND
WAIVING PETITIONER, THE LASALLE APARTMENTS, LLC NON-COMPLIANCE
WITH IND. CODE §6-1.1-12.1.6 ET SEQ.
WHEREAS,The LaSalle Apartments,LLC is the owner of real property in the City of South Bend
commonly called The LaSalle Apartments, South Bend, Indiana, on which The LaSalle
Apartments, LLC has remodeled a nine story building formerly known as The LaSalle Hotel,
which has been re-purposed as apartments and commercial space.
WHEREAS, in conjunction with The LaSalle Apartments, LLC's development of the former
LaSalle Hotel, the City of South Bend granted The LaSalle Apartments, LLC a ten-year tax
abatement which remains in effect and was codified as Resolution 4417-15, and
WHEREAS, it has come to the City of South Bend's attention that The LaSalle Apartments, LLC
failed to timely file an abatement deduction application with the St.Joseph County Auditor for the
following tax periods: Tax Year 2017 (Pay 2018), and, as a result, The LaSalle Apartments, LLC
may lose the benefit of the ten-year tax abatement for following: Tax Year 2017 (Pay 2018), and
WHEREAS, pursuant to Ind. Code § 6-1.1-12.1-11.3 (2017), the City of South Bend has the
authority to waive The LaSalle Apartments, LLC's failure to comply with Indiana's tax abatement
laws and, specifically,the authority to waive The LaSalle Apartments,LLC's failure to file a timely
or complete abatement deduction application with the county auditor, and
WHEREAS,the City of South Bend accepts that The LaSalle Apartments, LLC's failure to timely
file its abatement deduction application was an excusable mistake which resulted through
inadvertent over-sights, acknowledges that The LaSalle Apartments, LLC filed a deduction
application promptly after learning of its mistake, and accepts that The LaSalle Apartments, LLC
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 The LaSalle Apartments, LLC's 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 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 The LaSalle Apartments, LLC's failure to comply with Indiana's
abatement laws and, specifically, waives The LaSalle Apartments, LLC'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 The LaSalle Apartments, LLC as Resolution 4417-15 remains in effect and directs The
LaSalle Apartments, LLC 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 February , 2018.
Tim Scott, Council President
South Bend Common Council
APPLICATION FOR DEDUCTION FROM ASSESSED VALUATION 2018 PAY 20 18
OF STRUCTURES IN ECONOMIC REVITALIZATION AREAS (ERA)
° State Form 18379(R14/6-16) FORM 3221 RE
Prescribed by the Department of Local Government Finance
INSTRUCTIONS:
1. This form is to be filed in person or by mail with the County Auditor of the county in which the property is located.
2, To obtain this deduction, a Form 322 IRE must be filed with the County Auditor before May 10 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.If the
property owner misses the May 10 deadline in the initial year of assessment,he can apply between January 1 and May 10 of a subsequent year for the
remainder of the abatement term. (See also IC 6-1.1-12.1-11.3 concerning the failure to file a timely application.)
3. A copy of the Form 11,the approved Form SB-11 Real Property,the resolution adopted by the designating body,and the Form CF-1/Real Property must
be attached to this application.
4. The Form CF-1/Real Property must be updated annually and provided to the County Auditor and the designating body 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, Ii and 111 below.
7. If property located in an economic revitalization area is also located in an allocation area as defined in IC 36-7-1439 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)).
8. Except for deductions related to redevelopment or rehabilitation of real property in a county containing a consolidated city,a deduction for the
redevelopment or rehabilitation of real property may not be approved for the following facilities(IC 6-1.1-12.1-3):
a. Private or commercial golf course j. Any facility,the primary purpose of which is(a)retail food and beverage
b. Country club service;(b)automobile sales or service;or(c)other retail,(unless the
c. Massage parlor facility is located in an economic development-target area established
under IC 6-1.1-12.1-7).
d. Tennis club k. Residential,unless the facility is a multi-family facility that contains at
e. Skating facility,including roller skating,skateboarding or ice skating least 20%of the units available for use by low and moderate income
f. Racquet sport facility(including handball or racquet ball court) individuals,or unless the facility is located in an economic development
g. Hot tub facility target area established under IC 6-1.1-12.1-7,or the area is designated
h. Suntan facility as a residentially distressed area which is required to meet conditions as
cited in IC 6-1.1-12.1-2(c)(1&2).
i. Racetrack I. Package liquor store(see IC 6-1.1-12.1-3(e)(12))
SECTION I-DESCRIPTION OF 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 17
County Township DLGF taxing district number Key number
St. Joseph Portage
Name of owner Legal description from Form 11
The LaSalle Apartments, LLC Lot 1 O P South Bend; Lot 2 & N 33.45'; Lot 3 O P
Property address(number and street,city,state,and ZIP code) Date of Form 11(month,day,year)
237 Michigan, South Bend, IN 46601 05/01/2017
Type of structure Use of structure
Residential and Commercial Historic Building Rental
Governing body that approved ERA designation Date ERA designation approved(month,day,year) Resolution number
Common Council of the City of South Bend, Indiana 03/14/2016 4535-16
SECTION 11-VERIFICATION OF OWNER OR REPRESENTATIVE
Signature of owner or representative(I hereby certify that the representations on this application are true.) Date signed(month.day.year)
February 12, 2018
Printed name of owner or representative Address(number and street,city,state,and ZIP code)
Ronda Shrewsbury Weybright 10501 Hague Road, Fishers, Indiana 46038
SECTION 111-STRUCTURES AUDITOR'S
A.Rehabilitation structure 1.Assessed valuation AFTER rehabilitation S 6,700,000.00
2.Assessed valuation BEFORE rehabilitation $ 862,600.00
3.Difference in assessed valuation(Line 1 minus Line 2) $ 5,837,400.00
4.Assessed valuation eligible for deduction $ 5,837,400.00
(for the increase in AN from the rehabilitation,not including
the increase in AN from the reassessment of the entire
structure)
B.New structure 1.Assessed valuation $
2.Assessed valuation eligible for deduction Is
SECTION IV-VERIFICATION OF ASSESSING OFFICIAL
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 1 of 2
SECTION V-FOR AREAS EXCEPT FORA RESIDENTIALLY DISTRESSED AREA WHERE THE STATEMENT OF BENEFITS WAS
APPROVED E JULY 1,2013-D ON SCHEDULE PER 1C 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)For deductions allowed over a two(2)year period: 2 20_pay 20_ $ 88% * $-
3 20_pay 20_ $ 75% *_% $
1 20_pay 20_ $ 100% *_% $ 4 20_pay 20_ $ 63% *_% $
2 20_pay 20_ $ 50% *_% $ 5 20_pay 20_ $ 50% *_% $
(3)For deductions allowed over a three(3)year period: 6 20_pay 20_ $ 38% *_% $
7 20_pay 20_ $ 25% *—% $
1 20_pay 20_ $ 100% *_% $ 8 20_pay 20_ $ 13% *-% $
2 20_pay 20_ $ 66% *—% $
3 20_pay 20_ $ 33% *_% $ (9)For deductions allowed over a nine(9)year period:
(4)For deductions allowed over a four(4)year period: 1 20_pay 20_ $ 100% *_% $
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% * % $
(5)For deductions allowed over a five(5)year period: 7 20_pay 20_ $ 33% *-% $
8 20_pay 20_ $ 22% *-% $
1 20_pay 20_ $ 100% *_% $ 9 20_pay 20_ $ 11% * % $
2 20_pay 20_ $ 80% *-% $
3 20_pay 20_ $ 60% *_% $ (10)For deductions allowed over a ten(10)year period:
4 20_pay 20_ $ 40% *—% $ 1 20_pay 20_ $ 100% *—% $
5 20_pay 20_ $ 20% *—% $ 2 20_pay 20_ $ 95% *_% $
(6)For deductions allowed over a six(6)year period: 3 20_pay 20_ $ 80% *_% $
4 20_pay 20_ $ 65% *_% $
1 20_pay 20_ $ 100% *_% $ 5 20_pay 20_ $ 50% *—% $
2 20_pay 20_ $ 85% *_% $ 6 20_pay 20_ $ 40% *_% $
3 20_pay 20_ $ 66% *—% $ 7 20_pay 20_ $ 30% *—% $
4 20_pay 20_ $ 50% *—% $ 8 20_pay 20_ $ 20% *_% $
5 20_pay 20_ $ 34% *—% $ 9 20_pay 20_ $ 10% *_% $
6 20_pay 20_ $ 17% *_% $ 10 20_pay 20_ $ 5% *_% $
(7)For deductions allowed over a seven(7)year period: NOTE: The deduction percentages shown in this section apply to a
1 20_pay 20_ $ 100% *_% $ statement of benefits approved before July 1, 2013 that did not
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 per IC 6-1.1-12.1-17.
5 20_pay 20_ $ 43% * % $
6 20_pay 20_ $ 2g% * % $ The amount of the deduction shall be adjusted annually to reflect changes
a 20_ $ 14/° to the assessed valuation resulting from a reassessment or an appeal of
7 20
pay ° % $ the assessment per IC 6-1.1-12.1-4(b).
ECTION VI-FOR A RESIDENTIALLY DISTRESSED AREA WHERE THE STATEMENT OF BENEFITS WAS APPROVED BEFORE JULY 1,2013
DEDUCTION SCHEDULE PER IC 6-1.1-12.1-17
TYPE OF DWELLING DEDUCTION IS THE LESSER OF: DEDUCTION IS ALLOWED FOR A FIVE(5)
[IC 6-1.1-12.1-4.1(b)] YEAR PERIOD THAT INCLUDES
❑ 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
I
❑ Four(4)unit multifamily dwelling Assessed 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 536,000,551.000.575.000.and 596.000 for one to four family dwellings.respectively.
SECTION VII-APPROVAL OF COUNTY AUDITOR(COMPLETE ONLY IF APPROVED)
This application is approved in the amounts shown above.
Signature of County Auditor Printed name of County Auditor Date signed(month,day,year)
Page 2 of 2
STATE OF INDIANA ) BEFORE THE CITY OF SOUTH BEND
}
ST. JOSEPH COUNTY ) Subject Real Estate
} 237 N. Michigan Street
The LaSalle Apartments, LLC ) South Bend, IN 46601
Petitioner )
THE LASALLE APARTMENTS, LLC
PETITION FOR WAIVER OF NON-COMPLIANCE
The petitioner, The LaSalle Apartments, LLC, brings this petition pursuant to Ind. Code § 6-1.1-
12.1-11.3 (2017) to respectfully request that the City of South Bend, Indiana by its City Council,
grant The LaSalle Apartments, LLC a waiver of non-compliance concerning the tax abatement
previously granted to , The LaSalle Apartments, LLC, for 237 N. Michigan Street, South Bend,
Indiana. In support of this petition, 237 N. Michigan Street, states:
Background
1. The LaSalle Apartments, LLC is the owner 237 N. Michigan Street, South Bend, Indiana. The
LaSalle Apartments, LLC remodeled the building formerly known as the LaSalle Hotel, the
property. The LaSalle Apartments, LLC invested over $9 Million in land acquisition and
construction costs for the newly remodeled apartment building, and created several new jobs.
2. In connection with The LaSalle Apartments, LLC's development of The LaSalle Apartments the
City of South Bend granted The LaSalle Apartments, LLC a ten-ear tax abatement.The abatement
was codified as Resolution 4417-15.A true copy of Resolution 4417-15 is attached to this petition
as Exhibit 1.
3. The LaSalle Apartments, LLC has recently received its Tax Year 2017 (Pay in 2018) tax bill from
the St. Joseph County Treasurer. The bill does not account for The LaSalle Apartments, LLC's
abatement and, instead, charges the company for 237 N. Michigan Street's entire tax liability.
4. Based on discussions with the St. Joseph County Auditor, The LaSalle Apartments, LLC has
learned that its tax abatement was not recognized by the Treasurer because The LaSalle
Apartments, LLC did not file an abatement application in the spring of 2016. This, however, was
an instance of excusable and innocent neglect.
5. Each year, the St. Joseph County Assessor is required to send St. Joseph County property
owners a notice of re-assessment. See I.C. § 6-1.1-4-22. If a property owner has an active tax
abatement, the property owner is required to file an annual abatement deduction application
with the Auditor no later than thirty days after the date of the Assessor's re-assessment notice
to the property-owner. See I.C. § 6-1.1-12.1-5(b). The Assessor's re-assessment notices are
typically mailed in the fall preceding the new tax year, making abatement deduction applications
due typically between September and November of the same year that the re-assessment notice
is issued.
6. In this case, The LaSalle Apartments, LLC did not receive a re-assessment notice from the
Assessor for Tax Year 2017(Pay in 2018). Consequently The LaSalle Apartments, LLC was unaware
that it was obligated to file its annual abatement deduction application within thirty days of the
date of the Assessor's re-assessment notice. Immediately after learning of this oversight The
LaSalle Apartments, LLC filed is Tax Year 2017 (Pay in 2018) abatement application with the
Auditor. True copies of the company's abatement application and letter to the Auditor are
attached to this petition collectively, as Exhibit 2.
7. The Auditor has informed The LaSalle Apartments, LLC that the Auditor has accepted The
LaSalle Apartments, LLC's abatement application as a valid deduction for next tax year; that is,
Tax Year 2018 (Pay in 2019). However, the Auditor has informed The LaSalle Apartments, LLC
that it must obtain a waiver of noncompliance from the City of South Bend before the Auditor
will apply,The LaSalle Apartments, LLC's abatement retroactively to Tax Year 2016 (Pay in 2017).
Request for Waiver
S. Under I.C. § 6-1.1-12.1-11.3, the City of South Bend has authority to waive a taxpayer's non-
compliance with Indiana's tax abatement laws. Included with these powers is the power to waive
a taxpayers'failure to file a timely or complete abatement deduction application with the county
auditor. See I.C. § 6-1.1-12.1-11.3(a)(5).
9. To do so,the City of South Bend must first conduct a public hearing on the taxpayer's request
for a waiver,then pass a resolution waiving the taxpayer's non-compliance. See I.C. § 6-1.1-12.1-
11.3(c). In accordance with these provisions of Indiana law, The LaSalle Apartments, LLC
respectfully requests the City of South Bend to consider this petition at a public hearing then
grant The LaSalle Apartments, LLC a waiver of its inadvertent failure to timely file an abatement
application with the Auditor for Tax Year 2017 (Pay in 2018).
10. The LaSalle Apartments, LLC's failure to submit the abatement deduction application earlier
was unintentional and was corrected immediately after The LaSalle Apartments, LLC became
aware of the problem. The company has taken steps to ensure that it does not fail to file its
deduction application again. Additionally The LaSalle Apartments, LLC would note that it
successfully completed the project and has tried to be a good corporate citizen of the City of
South Bend. The LaSalle Apartments, LLC's corporate representative will address any concerns
the City of South Bend may have when this matter comes before the council.
Respectfully submitted,
Jeff y A. Ryan
'Xhihl'
United. States of America
i,
Ik!I i
{� I
�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 4417-15
A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION 4330-14 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND,INDIANA,COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET
AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN(10)YEAR
REAL PROPERTY TAX ABATEMENT FOR THE LASALLE APARTMENTS LLC
ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
JANUARY 26, 2015
PRESENTED TO, APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG,
FEBRUARY 3, 2015
ATTEST: TIM SCOTT, 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 13A"-day of rues 20 I
JOHN VOORDE
Clerk of the City of South Bend
St. Joseph County,Indiana
By: l � ,
Deputy
RESOLUTION NO. ( l
A RESOLUTION RECONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION 4330-14 DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS
237 North Michigan Street
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TEN (10) YEAR REAL
PROPERTY TAX ABATEMENT FOR
The LaSalle Apartments LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the propose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area located at 237 North
Michigan Street and which is more particularly described as follows:
Lot 10 P So Bend
Lot 2 &N 33.45'
Lot 3 0 P
and which has Key Numbers 71-08-12-107-005.000-026 and 71-08-I2-107-006.000-026
presently at this point in time,be designated as an Economic Revitalization Area; and
WHEREAS,petitioner has agreed to and has accepted responsibility to report any
changes in the final legal description and to report the final, appropriate Key Number to
the Department of Community Investment and to the Office of the City Clerk; 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 an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION 1. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of ten (10) years as
shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. This resolution is
passed as an exception to the current City Code regarding the applicable deduction
percentages for a 10 year abatement for the following reasons; 1. The property has been
designated by the Economic Development Commission as an Economic Development
Target Area located in the CBD; 2. The property is currently owned by the City
Redevelopment Commission and requires annual management and maintenance by the
City; 3. The property has been vacant and there has been no realized tax revenue
generated from the property for at least ten years; 4. The private investment proposed for
the project will exceed three times the amount of the taxes to be abated; 5. The project
will pay taxes and those revenues will be net new taxes to the community; 6. The project
is aligned with the goals of the SBCDA plan,which specifically targets multi-use projects
including support for residential occupancy in the CBD; and 7. There is a significant cost
to cure required in the project to make the property functional, conform to the historical
nature of the property and return the property to economic viability.
SECTION III. This Re-confirming resolution references Confirming Resolution 4330-14,
Real America Development LLC is assuming the approved tax abatement for the LaSalle
Hotel property located at 237 North Michigan Street approved by the Common Council
on March 24, 2014 for Great Lakes Capital Development. Subject to the adoption of the
Re-Confirming Resolution by the South Bend Common Council (the"SBCC"),the City
of South Bend, Indiana (the"City")commits to providing a 10-year real property tax
abatement for the Applicant, based on the Applicant's commitment set forth in the
Commitments regarding the rehabilitation of a building located on property identified as
237 North Michigan Street, South Bend,Indiana, approved as part of the Commitments.
The Applicant commits to a capital expenditure(from all sources of funds) of
approximately$9,537,076 to renovate a building. This project will create nine(9)
existing,permanent full-time jobs and zero (0)part-time job with an annual payroll
estimated at$315,000. The project will maintain zero (0) existing permanent full-time
and zero (0) existing permanent part-time positions.
SECTION IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the
')Filed !n "°'��.t .' .
I --- - Member of the Common Council
S i t �,a
PRESEPITEL) OMNI � �
)toT APKOVO - t
i
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (the "Agreement") dated as of the 21" of
January, 2015, serves as a confirmation of the commitment by The LaSalle Apartments,
LLC, (the "Applicant") pending a January 26, 2015, public hearing, to comply with the
project description, job creation and retention (and associated wage rates and salaries)
I
figures contained in its petition, Statement of Benefits, and attachments and this
Agreement(the "Commitments").
1. Commitments of City and Applicant: Subject to the adoption of the
Designating and Confirming Resolutions by the South Bend Common Council (the
"SBCC"), the City of South Bend, Indiana (the "City") commits to providing a 10-year
real property tax abatement for the Applicant, based on the Applicant's commitment set
forth in the Commitments regarding the rehabilitation of a building located on property
identified as 237 North Michigan Street, South Bend, Indiana, approved as part of the
Commitments. The Applicant commits to a capital expenditure (from all sources of
funds) of approximately $9,537,076 to renovate a building. This project will create nine
(9) existing, permanent full-time jobs and zero (0) part-time job with an annual payroll
estimated at $315,000. The project will maintain zero (0) existing permanent full-time
and zero (0) existing permanent part-time positions.
2. Potential Impact of State of Indiana Circuit Breaker Law- The parties note
that the calculations regarding the affect of the tax abatement in question are based on the
State of Indiana's tax rates currently in effect at the time of entering into this
Memorandum of Agreement. The complete impact of the State of Indiana's Circuit
Breaker law on the City's property tax revenues is unknown at this time. To assure that
the City receives the projected amount of property tax revenues, which amounts were
calculated at the time of granting the tax abatement for the Applicant, the parties to this
Memorandum of Agreement agree to adjust the length of the abatement and/or the
percentage of deduction if the tax revenues due under the Circuit Breaker Law are less
than what was initially projected and represented to the Common Council, as evidenced
by the supporting documentation submitted to the Council with the Applicant's tax
abatement petition. However, in no case will the adjustments cause the property taxes to
Memorandum of Agreement
Page 2 of 7
be paid to exceed the tax payments as initially projected and represented to the Common
Council by the aforementioned supporting documentation.
3. Applicant's Compliance with City and State Laws: During the term of the
abatement, the Applicant shall comply with Chapter 2, Article 6 of the South Bend
Municipal Code entitled "Tax Abatement Procedures"and all governing provisions of the
Indiana Code. During the term of the abatement, the City may annually request
information from the Applicant concerning the nature of the Project and the approved
capital expenditures of the Project, and the Applicant shall provide the City with adequate
written evidence thereof within 15 days of such request(the "Annual Survey"). The City
shall utilize this information and the information required to be filed by the Applicant in
the CF-1 Compliance with the Statement of Benefits form (CF-1/Real Property) to verify
that the Applicant has complied with the commitments contained in the Commitments at
all times after the Commitment Date and during the duration of the abatement. The
Applicant further agrees to provide the City with such additional information requested
by the City related to the information provided in the Annual Survey and the CF-1 form
within a reasonable time following any such additional request.
4. Substantial Compliance and Rights of Termination: The City, by and
through the SBCC, reserves the right to terminate the Economic Revitalization Area
designation and associated property tax abatement deductions if it determines that the
Applicant has not made reasonable efforts to substantially comply with all the
Commitments, and the Applicant's failure to substantially comply with the Commitments
was not due to factors beyond its control. As used in this Agreement, "substantial
compliance" shall mean the Applicant's compliance with the following: (a) making a
capital expenditure which will (when combined with capital expenditures/contributions
from all sources) total an amount not less than Nine million five hundred thirty seven
thousand and seventy six dollars($9,537,076) to renovate a building ; and (b) this project
will create nine (9) permanent full-time jobs and zero (0) part-time job with an annual
payroll estimated at$315,000. The project will not maintain any jobs.
5. Factors Beyond Control: As used in this Agreement, factors beyond the
control of the Applicant shall only include factors not reasonably foreseeable at the time
Memorandum of Agreement
Page 3 of 7
of designation application and submission of the Statement of Benefits which are not
caused by any act or omission of the Applicant and which materially and adversely affect
the ability of the Applicant to substantially comply with this Agreement.
6. Repayment of Tax Abatement Savings: If at any time during the term of
the abatement the Applicant shall: (i) be delinquent or in default with respect to any
property tax payment in St. Joseph County,Indiana, other than as may be permitted under
IND. CODE § 6-1.1-15-10; or (ii) cease operations at the facility for which the tax
I.
abatement was granted; or (iii) announce the cessation of operations at such facility, then
the City may immediately terminate the Economic Revitalization Area designation and
associated tax abatement deductions, and upon such termination, require. Applicant to
repay all of the tax abatement savings received through the date of such termination.
7. Notice/Hearing of Termination: In the event that the City determines that
the Economic Revitalization Area designation and associated tax abatement deductions
should be terminated or that all or a portion of the tax abatement savings should be
repaid, it will give the Applicant notice of such determination, including a written
statement calculating the amount due from the Applicant, and will provide the Applicant
with an opportunity to meet with the City's designated representatives to show cause why
the abatement should not be terminated and/or the tax savings repaid. Such notice shall
state the name of the person with whom the Applicant may meet and will provide that the
Applicant shall have thirty days from the date of such notice to arrange such meeting and
to provide its evidence concerning why the abatement termination and/or tax savings
repayment should not occur. If, after giving such notice and receiving such evidence, if
any, the City determines that the abatement termination and/or the tax repayment action
is proper, the Applicant shall be provided with written notice and a hearing before the
SBCC before any final action shall be taken terminating the abatement and/or requiring
repayment of tax benefits. The Applicant shall be entitled to appeal that determination to
a St. Joseph County Superior or Circuit Court.
8. Repayment: In the event the City requires repayment of the tax abatement
savings as provided hereunder, it shall provide Applicant with a written statement
calculating the amounts due (the "Statement"), and Applicant shall make such repayment
to the City within 30 days of the date of the Statement. If the Applicant does not make
Memorandum of Agreement
Page 5 of 7
have been received when delivered by hand or by facsimile (with confirmation by
registered or certified mail) or on the third business day following the mailing, by
registered or certified mail, postage prepaid, return receipt requested, thereof, addressed
as set forth below:
If to Applicant: Real America Development LLC
10711 America Way, Suite 200
Fishers IN 46038
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If to the City: City of South Bend, Indiana
27 W Jefferson Blvd. Suite 1400S
South Bend,Indiana 46601
Attn: Brock Zeeb
De artment of Community Investment
14. Assignment and Transfer Prohibited: This Agreement shall be binding
upon and inure to the benefit of the City and the Applicant and their successors and
assigns, except that no party may assign or transfer its rights or obligations under this
Agreement without the prior written consent of the other party hereto, in which consent
shall not be unreasonably be withheld (provided no consent shall be required for an
assignment to an affiliate that is owned or controlled by such party).
— 15:--Valid-and-Binding Agreement:T-his Agreement may-be-executed in any
number of counterparts, each of which shall be deemed to be an original as against any
party whose signature appears thereon, and all of which shall together constitute one and
the same instrument. By executing this Agreement, each person so executing affirms that
he has been duly authorized to execute this Agreement on behalf of such party and that
this Agreement constitutes a valid and binding obligation of the party.
16. Severability: The provisions of this Agreement and of each section or
other subdivision herein are independent of and separable from each other, and no
provision shall be affected or rendered invalid or unenforceable by virtue of the fact that
for any reason any other or others of them may be invalid or unenforceable in whole or in
part unless this Agreement is rendered totally unenforceable thereby.
17. No Personal Liability: No official, director, officer, employee or agent of
the City shall be charged personally by the Applicant, its employees or agents with any
Memorandum of Agreement
Page 6 of 7
liabilities or expenses of defense or be held personally liable to the Applicant under any
term or provision of this Agreement or because of the execution by such party of this
Agreement or because of any default by such party hereunder.
[Remainder of page intentionally blank.]
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Memorandum of Agreement
Page 7 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
"Ap icat `City"
Rea mment LLC City end, Indiana
Y
R Y:
Tim Scott
Approved as to Legal Adequacy and Form President, South Bend Common Council
his ;20$day of January, 2015.
By: h
Gavin Ferlic
"•'cam Chairperson, Community
Kathleen Cekanski-Farrand Investment Committee
Counsel, South Bend Common Council
By:
ro k Zeet
Department of Community Investment
Counsel for Applicant
Kuhl & Grant LLP
55 Monument Circle, Suite 201 BY:
Indianapolis, IN 46204 Pete Bad<ieg
Mayor
SBDS02 RJD 318278vl
Exhibit 2
APPLICATION FOR DEDUCTION FROM ASSESSED VALUATION - 2o1Z PAY 20 1$_
OF STRUCTURES IN ECONOMIC REVITALIZATION AREAS (ERA) FORM
State Form 18379(R1416-16) 3221 RE
*1 Prescribed by the Department of Local Government Finance
INSTRUCTIONS:
1, This form is to be filed in person or by mail with the County Auditor of the county in which the property is located.
2 To obtain this deduction,a Form 322 IRE must be hied with the County Auditor before May 10 in the year to 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.If the
property owner misses the May 10 deadline in the initial year of assessment;he can apply between January 1 and May 10 of a subsequent year for Me
remainder of the abatement terns.(See also IC 6-1.1-12,f-11.3 concerning the failure to file a timely application.)
3. A copy othee Form 11,the approved Form S8-1 1 Real Property,the resolution adopted by the designating body,and the Form CF-1/Real Property must
be attached to this application.
4 The Form CF-1/Real Property must be updated annually and provided to the County Auditor and the designating body 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 defined in iC 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 6-1.142,14(k)).
8 Except for deductions related to redevelopment or rehabilitation of real property in a county containing a consolidated city,a deduction for the
redevelopment or rehabilitation of real property may not be approved for the fallowing facilities(iC 6-1.1-12.1-3),
a. Ptivate or Commercial golf course j. Any facility,the primary purpose of which is(a)retail food and beverage
b. Country club service,(b)automobile sales or service;or(c)other retail,(unless the
c. Massage parlor facility is located in an economic development-target area established
d Tennis dub under IC 6-1.1-12.1-7)
k. Residential,unless the facility is a multifamily facility that contains at
e. Skating facility,including roller skating,skateboarding or ice skating least 20%of the units available for use by low and moderate income
f. Racquet sport facility(including handball or racquet ball court) individuals,or unless the facility is located in an economic development
g. Hot tub facility target area established under IC 6-1.1-12.1-7,or the area is designated
h. Suntan facility as a residentially distressed area which is required to meet conditiorts as
cited in IC 6.1.1-12.1-2(c)(1&2).
I. Racetrack I. Package liquor store(see IC 6-1.1-12 1-3(e)(1 2)J
SECTION I-DESCRIPTION OF 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 17
County Township DLGF taxing distri ct number Key number
St. Joseph Portage
Name of owner Legal description from Form 11
The LaSalle Apartments, LLC Lot 1 O P South Bend; Lot 2 & N 33.45'; Lot 3 O P
Property address(number and street,city,state,and ZIP code) Date of Form 11(month,day,year)
237 Michigan, South Bend, IN 46601 05/01/2017
a
Type of structure Use of structure
i
Residential and Commercial Historic Building Rental
Goveming body that approved ERA designation Dafe ERA designation approved(month,day,year) Resolution number
Common Council of the City of South Bend, Indiana 03114/2016 4535-16
it SECTION 11-VERIFICATION OF OWNER OR REPRESENTATIVE
Signature of er resentative(! certify that the representations on this application are true.) Date signed(month,day,year)
February 12, 2018
Printed name of owner or representative Address(number and street,city,state,and ZIP code)
Ronda Shrewsbury Weybright 10501 Hague Road, Fishers, Indiana 46038
SECTION III-STRUCTURES AU ITOR'S
A.Rehabilitation structure 1 Assessed valuation AFTER rehabilitation $ 6,700,000.00
2.Assessed valuation BEFORE rehabilitation $ 862,600.00
3.Difference in assessed valuation(Line 1 minus Line 2) $ 5,837,400.00
4,Assessed valuation eligible for deduction $ 5,837,400.00
(for the increase in AN from the rehabilitation,not including i
the increase in AN from the reassessment of the entire
structure)
B New structure 1.Assessed valuation $
2.Assessed valuation eligible for deduction Is
SECTION IV-VERIFICATION OF ASSESSING OFFICIAL
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 I Date(month,day,year)
I
Page 1 of 2
SECTION V-FOR AREAS EXCEPT FORA RESIDENTIALLY DISTRESSED AREA WHERE THE STATEMENT OF BENEFITS WAS
APPROVED BEFORE JULY 12_2013-DED JCTION SCHEDULE PER IC 6-1.1-12.1-17
YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE/DEDUCTION* YEAR OF DEDUCTION/ASSESSED VALUE/PERCENTAGE 1 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)For deductions allowed over a two(2)year period: 2 20_pay 20_ $ 88°% -—% $
3 20_pay 20_ $ 75% •_°% $
1 20_pay 20_ $ 100% *, _% $ 4 20_pay 20_ $ 63% --% $
2 20_pay 20_ $ 50% * % $ 5 20_pay 201 50% '_% $
(3)For deductions allowed over a three(3)year period: 6 20_pay 20_ $ 38% '—% $
7 20_pay 20_ 5 25% •__°% $
1 20_pay 20_ $ 100% '_°% $ 8 20_pay 20_ $ 13% *—% $
2 20_pay 20_ $ 66% * °%
3 20_pay 20_ $ 33°% *_o% $ (9)For deductions allowed over a nine(9)year period:
(4)For deductions allowed over a four(4)year period:
1 20_pay 20_ $ 100% *�% $
2 20_pay 20_ $ 88°% *—% $
1 20_pay 20_ $ 100% * °% $ 3 20_pay 20_ $ 77°% *_% $
2 20_pay 20_ S 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°% `_°% $
(5)For deductions allowed over a five(5)year period: 7 20_pay 20_ $ 33°% '_% $
8 20_pay 20_ $ 22°% '—°% $
1 20_pay 20_ $ 100°% `_% $ 9 20_pay 20_ $ 11% *—°% $
2 20_pay 20_ $ 80%
3 20_pay 20_ $ 60°% •_o% $ (10)For deductions allowed over a ten(10)year per:'od
4 20_pay 20_ $ 40% '—% $ 1 20_pay 20_ $ 100% '—% $
5 20_pay 20_ $ 20% *—% $ 2 20_pay 20_ $ 95°% '—% $
(6)For deductions allowed over a six(6)year period: 3 20_pay 20_ $ 80°% *_% $
4 20 pay 20 $ 65°% `—°% $
1 20_pay 20_ $ 100°% *—°% $ 5 20_pay 20_ S 50°% '-% $
2 20_pay 20_ $ 85% • % $ 6 20_pay 20_ $ 40°% % $
— —
3 20_pay 20_ $ 66% '_% $ 7 20_pay 20_ $ 30°% '—% S
4 20_pay 20_ $ 50% '—% $ 8 20_ 20_ $ 20% '_°% S
5 20_pay 20_ $ 34°% *-% S 9 20_pay 20_ $ 10% '—% $
6 20_pay 20_ $ 17% '—% $ 10 20_pay 20 $ 5°% "—% $
(7)For deductions allowed over a seven(7)year period NOTE: The deduction percentages shown in this section apply to a
1 20_pay 20_ $ 100°% ' % $ statement of benefits approved before July 1, 2013 that did not
° have an alternative deduction schedule adopted by the
2 20_pay 20_ $_ 71% '_% $ 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 per IC 6-1.1-12.1-17.
5 20 pay 20_ $ "_% $
6 20_pay 20_ $ 29°% •_% $ The amount of the deduction shall be adjusted annually to reflect changes
7 20_pay 20_ $ 140% % S to the assessed valuation resulting from a reassessment or an appeal of
the assessment per IC 6-1 1-12.1-4(b).
SECTION VI-FOR A RESIDENTIALLY DISTRESSED AREA WHERE THE STATEMENT OF BENEFITS WAS APPROVED BEFORE JULY 1,2013
DEDUCTION SCHEDULE PER IC 6-1.1-12.1-17
DEDUCTION IS THE LESSER OF. DEDUCTION IS ALLOWED FOR A FIVE(5)
TYPE OF DWELLING [IC 6-1.1-12.1-4.1(l YEAR PERIOD THHAT INCLUDES
❑ One(1)family dwelling Assessed value(after rehabilitation or redevelopment) $ or$74.880 AV pay through pay
❑ Two(2)family dwelling Assessed value(attar 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 Assessed 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,
SECTION VII-APPROVAL OF COUNTYAUDITOR COMPLETE ONLYtFAPPROVED
This application is approved in the amounts shown above.
Signature of County Auditor Printed name of County Auditor Date signed(month,day,year)
Page 2 of 2
U
N\-El CE b
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�. 1865
CITY OF SOUTH BEN Filed in Clerk's Office
COMMUNITY INVESTMENT
FEB 2 2 2018
February 15, 2018 KAREENIAH YOWLER
LC
ITy CLERK,SOUTH BEND,IN
South Bend Common Council
4 1 Floor City-County Building
c/o Kareemah Fowler,City Clerk
Esteemed Council Members,
A Petition for Wavier of Non-Compliance for 237 N. Michigan St. in South Bend was recently received at
DCI. This request comes from RealAmerica,developers of the successful LaSalle Apartments project.
On January 21,2015, Real America Development was granted a tax abatement. (Technically a transfer of
an original abatement granted for the property to a previous developer.) The RealAmerica committed
over$9,000,000.00 in private investment to remodel the apartment building, creating several new jobs.
Each year the County Assessor is required to send St.Joseph County property owners a notice of re-
assessment,prompting property owners with tax abatements to file the appropriate paperwork to receive
their annual abatement deduction. RealAmerica/LaSalle Apartments, LLC did not receive said notice from
the Assessor. DCI learned of this situation in mid-February.
DCI confirms that the company has been in compliance with its investment and job commitments and
support this waiver. DCI also agrees that, in the words of the developer,this"was an instance of
excusable and innocent neglect."
DCI therefore sends this Petition for Waiver of Non-Compliance to Council with a Favorable
Recommendation.
Respectfully,
Daniel Buckenmeyer
Director of Business Development and Economic Resources
Department of Community Investment—City of South Bend
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400S County-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov