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Home My WebLink About4700-18 Waiving Non-Compliance for the LaSalle Apartments, LLC United States of America { • Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Kareemah Fowler, 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 4700-18 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. ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,FEBRUARY 26,2018. PRESENTED TO, APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG, FEBRUARY 28,2018. ATTEST: TIM SCOTT,PRESIDENT OF THE COMMON COUNCIL ATTEST: KAREEMAH N. FOWLER, CITY CLERK P� MAR X0;8 CO-i L L MAR u 2 2018 Filad ST.JOSEPH COUNTY Aud4or ° ASSESSOR 9t.Joseph County �; Indiana `tip c�gt5�11, 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 Se/all of the City of South Bend, St. Joseph County, Indiana, this Q� day of _20 1 Kareemah Fowler Clerk of the City of South Bend St. Joseph County, Indiana By: _ - -kZ Deputy fl RESOLUTION No. 4700-18 Passed by the Common Council of the City of South Bend, Indiana February 26, 20 18 Attest ___ City Clerk Attest President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 26, 20 18 City Clerk Approved and signed by me 2 �� 20 1 Mwor BILL NO. 18-07 RESOLUTION NO. 4700-18 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. 4A Passed and adopted this February q 2018. im co , ounc. den South Bend Common Council r?KLSENTED. N01 APKAMU 4 ?` 10501 Hague Road ICS R Fishers, IN 46038 Office 317 • 815. 5929 . • Development(Desigrn I Const�-section J�amkq-em.ent Fax 317 815 5930 l I i i February 13,2018 Filed in Clerk's Office City of South Bend Common Council 227 West Jefferson Blvd.,Suite 400S FEB 14 2018 South Bend, IN 46601 � KAREEMAH FOWLER RE: The LaSalle Apartments, LLC-237 N. Michigan St. OITY CLERK,SO ITH BENQ,II\9 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. I 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. I The LaSalle Apartments did not receive the re-assessment notice from the Assessor for Tax Year 2017(Pay t 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) abatement application with the Auditor. If there are any questions or additional information needed regarding the Petition or getting it put before the Common Council, please contact me directly at(317)815-5929. Z A. Ryan Vice,President of Development RealAmerica Companies www.Rea]AmericaLLC.com