Loading...
HomeMy WebLinkAbout05-14-18 AGENDA PACKET1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, May 14, 2018 7:00 P.M. 1.INVOCATION- DR. ALYSSIA COATES, DIRECTOR OF DEVELOPMENT (EAST REGION)- UNIVERSITY OF NOTRE DAME 2.PLEDGE TO THE FLAG 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS BILL NO. 05-18 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 6.REPORTS FROM CITY OFFICES 7.COMMITTEE OF THE WHOLE TIME: ______ 8.BILLS ON THIRD READING TIME:______ 9.RESOLUTIONS BILL NO. 18-20 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS INTERSECTION OF SAMPLE ST. AND FRANKLIN ST., SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR FRANKLIN STREET TECHNOLOGY PARK, LLC 2 18-21 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 320 EAST COLFAX AVENUE, SOUTH BEND, IN 46617 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR COMMERCIAL PROPERTY LOCATED AT WHARF PARTNERS, LLC 18-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ELECTING TO PARTICIPATE IN THE PUBLIC EMPLOYEES' RETIREMENT FUND’S MYCHOICE: RETIREMENT SAVINGS PLAN AS ADMINISTERED BY THE INDIANA PUBLIC RETIREMENT SYSTEM 10. BILLS ON FIRST READING BILL NO. 22-18 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NS ALLEY 14’ IN WIDTH LYING W OF FELLOWS AND CARROLL STREETS, E OF MICHIGAN STREET, BOUNDED ON THE NORTH BY THE S RIGHT-OF-WAY OF BRONSON STREET, BOUNDED ON THE SOUTH BY THE N RIGHT-OF-WAY OF THE PENN CENTRAL RAILROAD, RUNNING APPROXIMATELY 248.78’ IN LENGTH. 11. UNFINISHED BUSINESS 12. NEW BUSINESS MOTION TO MOVE MAY 28TH COMMON COUNCIL MEETING 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH N. FOWLER, CITY CLERK DATE: MAY 10, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, MAY 14, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 4:00 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON 1. Update- Gas Tax Funds, Highway Funds for Paving, Curbs and Sidewalks- Eric Horvath 4:20 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No.18-22- Resolution Electing to Participate in the Public Employee's Retirement Fund 4:30 P.M. PARC SHARON L. MCBRIDE, CHAIRPERSON 1. Update- Aaron Perri- Venues, Parks & Arts 4:50 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Organizational Meeting Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media 2 NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 02-26-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Gavin Ferlic, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Dr. David Varner, Chairperson Gavin Ferlic, Member Tim Scott, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dr. David Varner, Member Gavin Ferlic, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Dr. David Varner, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Dr. David Varner, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Dr. David Varner 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member Council Rules Committee, Chairperson Sub-Committee on Minutes, Member PARC Committee, Vice-Chairperson OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Community Relations Committee, Member Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member i FF Clerk's Office PEACE 18 2 01 ''I18ri5 r_ CITY OF SOUTH BEND TFI EE;tii,!!_ COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR April 18,2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: Franklin Street Technology Park,LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of three office buildings,located at the intersection of Sample Street and Franklin Street, South Bend. The report contains the Department's findings relative to the above petition. The total cost for the construction is estimated at $3,000,000 over a four year period. The project meets the qualifications for an eight-year real property tax abatement and a representative from Franklin Street Technology Park,LLC will be available to meet with the Committee on Monday,April 23, 2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Sincer y, I Daniel . uckenmeyer Director of Business Development and Economic Resources D:\KIEI j BUCKENNIEI'ER AI.KEr\A ALDRIDGE PAMELA MEYER Tm CORCORA.\ BUS mm,DwELOPMF-w E\C:\CENiF\-r&ECO\O\Iic EAIPO\\-E"IF\T NEICIIRORIIOOD DEVELOPmwr Pf_l\N1:C&Co\f.\arNi-Y REsoL-RC.Es EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION . EMPOWERMENT 14005 County-City Building:227W.Jefferson Blvd. South Bend,Indiana 46601 p574.235,9371 www.southbendin.gov BILL NO. 18-20 BILL NO. 18-20 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Intersection of Sample St. and Franklin St., South Bend, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR Franklin Street Technology Park, 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the intersection of Sample Street and Franklin Street, South Bend, Indiana described as follows: Parcel I: Lot Numbered One (1) as shown on the recorded Plat of Studebaker Corridor Fourth Minor Subdivision, recorded May 7, 1993 as Document Number 9315731 in the Office of the Recorder of St. Joseph County,Indiana. Parcel II: Lots Numbered Fifty-three (53) and Fifty-four (54) as shown on the recorded Plat of South Bend City, as platted by Samuel Morrison, now a part of the City of South Bend, in St. Joseph County, Indiana. Parcel III: Lots Numbered Fifty-five (55) and Fifty-six(56) as shown on the recorded Plat of South Bend City, as platted by Samuel Morrison, now a part of the City of South Bend, in St.Joseph County, Indiana. Parcel IV: Lots Numbered Fifty-seven (57), Fifty-eight(58), Fifty-nine (59), Sixty (60), Seventy-one (71), Seventy-two (72), Seventy-three (73) and Seventy-four (74) all as shown on the recorded Plat of South Bend City, platted by Samuel Morrison, now within and a part of the City of South Bend,Indiana. and which have Key Numbers 018-8002-0061, 018-8002-0070, 018-8002-0071, 018-8002- 0073, 018-8002-0074, 018-8002-0075, 018-8002-0076, 018-8002-0077, 018-8002-0078, 018- 8002-0079, 018-8002-0094, 018-8002-0096, 018-8002-0097, 018-8002-0098, 018-8002-0099, 018-8002-0100, 018-8002-0101, 018-8002- 0102, and 018-8002-0104, and be designated as an Economic Revitalization Area; 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 I. 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 four (4) 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 eight (8) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seQ. Year 1 - 100% Year 2 - 100% Year 3 - 95% Year 4 - 90% Year 5 - 85% Year 6 - 80% Year 7— 75% Year 8 - 70% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Rod in C(nrk,F nffica APR 18 2018 TAX ABATEMENT REPORT ' C J `r-Erg I C?T`! !_rK„ t1TH BFP l[l). 1,11-I TO: SOUTH BEND COMMON COUNCIL FROM:DANIEL BUCKENMEYER SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Franklin Street Technology Park,LLC DATE:April 18,2018 On Thursday March 29'x', 2018, a petition from Franklin Street Technology Park, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at the intersection of Sample Street and Franklin Street, South Bend,IN 46601. Pursuant to Chapter 2,Article 6,Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition(a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Construction of the approximately 60,000 sq. ft. three standalone buildings with flexible use space. The proposed construction will be located on the block bounded by Sample Street, Franklin Street, Garst Street and Lafayette Street adjacent to the main campus of Ignition Park. The new space will be leased out to various small companies for a variety of uses including light manufacturing and assembly, service contractors, distribution companies and technology maintenance and support companies. In the first phase a building approximately 30,000 sq.ft.will be built as speculative space in anticipation of tenant needs. An additional 30,000 sq.ft. will be designed and added as specific needs and tenants are identified.The space will allow various types of companies to start operations or to expand into larger spaces. This type pf space will complement the larger structures contemplated for Ignition Park. The project is expected to create approximately 60 indirect jobs in the next five years. 3,000,000 private investment in the buildings construction. Land purchase from the Redevelopment Commission for$84,000. Estimated taxes being paid during eight year abatement period—$137,488 Estimated taxes being abated during eight year abatement period—$438,512 BILL NO. 18-20 EMPLOYMENT IMPACT Per the petition,it is estimated that the total project will: Create sixty(60)indirect jobs APR 18 2018 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for an(8)eight-year real property tax abatement under section 2-84.2,Tangible Real Property Tax Abatement. o m 0 0 0 0 o N O N S O S 1 000 p 0 N N O OAOWNvSSN N O 0 n N N T O O O O eP N O N O O O t, co N r h O O 999 * .Ni vNi N Y m m N o gg W mm08S2i m°a_o 00°00 I e—i m 8 N r 1 S yl S S S N N (a0 O O Oo 0 N N A`t O 000 0 0 q o 00 m m S O S Yml O S Sm N N U J I coo d m°— o o r v m in N m Y m ogS Iq i g g ZF'al inN v fO. O OWN V t0 m mei O)N m SQOVNrN O N N y U OO N0000 o O O O O OSO 99 Q N N a N tv O W WfVO N m K Gl d o 0 0 0 0 0 0 0 00. 0 0 0 , ; y $o S S S S g Sp, o °o y o0o umi o °o, G 00000.00 o q f1 0 o v e .n Up, l7 N N N W Y l 52 10 f9 L°OE$OS rna8 o0o Z'om b0008888 o > L S d O O O m N N` nnr nr n 1.2m a O O iQNtV L C r o u mm0 o m coo 000 c 00000000 o c N c O C U 4' Nno nmrm E c mCL _ge 000 m m Z. gaoo y q rio c Y C E o Q FmUW c a- m o E- 0, o`_m u m y n E O c = U oUv m m na uY 9 m p H q m o o m a A c m m r r> > Eo moo°ci W O tll J w Um Q C7 U BILL NO. 18-20 PROJECT OVERVIEW APR 18 2018 FOB^ILER Franklin Street Technology Park LLC proposes to construct approximately 60,000 sqft of flexible use space in three phases concluding in 2022. The proposed construction will be located on a blockjust south of the county jail bounded by Sample Street, Franklin Street,Garst Street and Lafayette Street adjacent to the main campus of Ignition Park. The intent is to lease the space to various small companies for a variety of uses including light manufacturing and assembly, service contractors,distribution companies and technology maintenance and support companies. Based on an estimate of one employee per 1,000 sqft of space, it is estimated that the project will support the employment of 60 people. The first phase, (approx. 30,000 sqft)will be built as speculative space in anticipation of tenant needs. An additional 30,000 sqft of space will be designed and added as specific needs and tenants are identified.The space,as constructed,will allow various types of companies to start operations or to expand into larger spaces.This type of space will complement the larger and higher-end structures contemplated for Ignition Park. i s i BILL NO. 18-18 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Intersection of Sample St. and Franklin St., South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN 8) EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR Franklin Street Technology Park, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that portions of the property located at the intersection of Sample Street and Franklin Street, South Bend, Indiana which is more particularly described as follows: Parcel I: Lot Numbered One (1) as shown on the recorded Plat of Studebaker Corridor Fourth Minor Subdivision, recorded May 7, 1993 as Document Number 9315731 in the Office of the Recorder of St. Joseph County, Indiana. Parcel II: Lots Numbered Fifty-three (53) and Fifty-four (54) as shown on the recorded Plat of South Bend City, as platted by Samuel Morrison, now a part of the City of South Bend, in St.Joseph County, Indiana. Parcel III: Lots Numbered Fifty-five (55) and Fifty-six (56) as shown on the recorded Plat of South Bend City,as platted by Samuel Morrison, now a part of the City of South Bend, in St. Joseph County, Indiana. Parcel IV: Lots Numbered Fifty-seven (57), Fifty-eight(58), Fifty-nine (59), Sixty (60), Seventy-one (71), Seventy-two (72), Seventy-three (73) and Sevenh-four (74) all as shown on the recorded Plat of South Bend City, platted by Samuel Morrison, no« «ithin and a part of the City of South Bend,Indiana. and which have Key Numbers 018- 8002-0061, 018-8002-0070, 018-8002-0071, 018-8002-0073, 018-8002-0074, 018-8002-0075, 018-8002-0076, 018-8002-0077, 018-8002-0078, 018-8002- 0079, 018-8002-0094, 018-8002-0096, 018-8002-0097, 018-8002-0098, 018-8002-0099, 018- 8002-0100,018-8002-0101,018-8002-0102,and 018-8002-0104,and be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seg., and, WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sMc., and South Bend Municipal Code Sections 2-76,et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1. 1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to four (4) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(8) eight years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1. 1-12.1-17. Year 1 - 100% Year 2- 100% Year 3 - 95% Year 4- 90% Year 5 - 85% Year 6- 80% Year 7—75% Year 8 - 70% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5- 3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council City of South Bend 045° uTgg Petition for Incentives Petition must include a$150 filing fee payable to the City Clerk's Office or online via the City's website at toss http://southbendin.gov/government/ content/tax-abatement before processing Can be complete General Information Project Name 900Franklin Project Number Legal name as registered with Secretaryof Franklin Street Technology Park LLC Business structure Indiana Limited Liability Company Companywebsite 900FranklinStreet.com Proposed Project Information Proposed project address 900 Franklin Street Parent company name Five Corners LLC City,state,Zip South Bend, IN 46601 Legal owner Site acreage or acreage required 4.5 acres Is the real estate owned or to be owned square feet of facility 60,000 If leased by whom Primary Contact Information Primary company contact name Charles Hayes Title Managing Member Address of company contact 814 Marietta Street Phone 574-233- 1296 City,state,zip South Bend, IN 46601 Email cshayes@telecompark.com Senior Official Information Company senior official name Charles S Hayes Title Managing Member Address of company contact(If different from Phone abovel City,State,Zip Consultant Information/Agent Hired business consultant/agent name Consultant release(Y/N) Address Local economic development partners a ravel Y N City,State,Zip Email Project Overview Brief description ofyour company,project,and why the See Attached property Is necessary for economic growth Filed in Clerk's Office EE arf,CLERK,SOUTH BEND,IN Certified Technology Park appropriate Yes Is the project in a Tax Incremental Financing River West F r w Certify that the Building Permit has not been Yes Number of residential unls created by n/ a issued WNI If this is a petition for personal property tax abatement,has n/a the equipment been installed Investment Details Public Infrastructure needs(OH- Has any 504 funding been What Is the value of any equipment being purchased in what is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? New Proiect Investments Calendar Year 2016 2017 2018 2019 2020 2021 2022 2023 Land Acquisition 84,000 Building Lease Payments Building Purchase Costs New Building Construction 1,500,000 $750,000 $750,000 Existing Building improvements New Machinery&Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 01 $0 $84,000 $0 Is 1,500,000 $750,000 $750,000 0 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative N of net NEW full time Hourly average w2ge,w/o Total training Total lf to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- mined-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative o wi e t e in m ua responsible for coordinating w,t WorkOne on recruitin ? Does your company have an EEO hiring policy? Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please es commitment diversity ndindusion detailing your the last three years:outreach and recruitment efforts for the last Year three years as Weil as current policies. Full Time Part Time Full Time Partrme full Time Part Time Black Hispanic Asian Indian Female Other i i Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify Please complete the table below with the appropriate information. If ( Yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractorsl: A. Employ Local Companies(755') Y 20 20 B. I Purchase Materials from Local Companies(75%)Y 20 20 C. Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage(Davis Bacon)Y 22 22 E. Require Health Benefits Y 22 22 F. Require Pension Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 141 1, 1 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels n 0 33 B. Provide Health Benefits n 0 34 C. Provide Pension Benefits n 0 29 D. Provide Training n 0 28 E. Provide Child Care n 0 IS F. Provide Transportation Assistance n 0 14 G. Provide Employer Assisted Housing program n 0 9 Sub-total Wage&Benefit Related: 0 162 3 Workforce Related: FC. Create New Jobs Y 42 2 Retain Existing Jobs Y 41 41 Maintain Affirmative Action Plan y 35 35 Y a4 D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 152 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A' zoo,conservatory,museum,etc.) n 0 g; Name of Facility Sub-total Municipal Facility: 8. Sub-total from Above: 2 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1- 1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.•for this petition state the above. Submitted By: I Anne Hayes I Date: 1 03/2812018 For Staff Use Only Below This Line What is the current assessed value?Real Property: Personal Property: What Is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? What is the six digit NAICS code? Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One i Year Two i Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Y or N Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 8. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 3 36 Sub-total Project Related: 120 6 Super Size Projects[point values are cumulativej: 25 A. 100%to 199% B. 200%to 299% 6 C. 300 to 399% 655 D. 400%and Over 5 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: 14 A. Pay for Oversizing or Upgrading 26 B. Pay for 26-50%of Extension Cost C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 31 Total from Applicant Section: oCJ 539 Total from Staff Section: p 461 Total Public Benefit Points: 9.1000 STATEMENT OF BENEFITS Filed in Clerk's Office 20_PAY 20_ REAL ESTATE IMPROVEMENTSi FORM SB-1/Real Property State Form 51767(R6/10- 14) MAR 2 9 2018PrescribedbytheDepartmentofLocalGovernmentFinana PRIVACY NOTICE This statement is being completed for real property that qualifies under th L-4) Indiana Code check one box): Any information concerning the cost of the property and specific salaries Redevelopment or rehabilitation of real estate improvements(IC 6-1.1AREEMAi-i FOWLER paid to indmdual employees by the Residentially distressed area(IC 6-1.1-12.1-4.1) LERK,SOUTH BEND IN property owner is confidential perBEND, IC 6-1. 1- owner. 1. INSTRUCTIONS:1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requiresInformationfromtheapplicantinmakingitsdecisionaboutwhethertodesignateanEconomicRevitalizationArea. Otherwise, this statement must besubmittedtothedesignatingbodyBEFOREtheredevelopmentorrehabilitationofrealpropertyforwhichtheperson wishes to claim a deduction.2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the inflation of the redevelopment or rehabilitation for which the person desires to claim a deduction.3. To obtain a deduction,a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation ismadeornotlaterthanthirty( 30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner whofailedtofileadeductionapplicationwithintheprescribeddeadlinemayfileanapplication between March land May 10 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-!/Real Property. The Form CF-!/RealPropertyshouldbeattachedtotheForm3221REwhenthedeductionisfirst claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b)5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for eachdeductionallowed. For a Form SB-!/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION TAXPAYER INFORMATION Name of taxpayer Franklin Street Technology Park LLC Address of taxpayer( number and street city,state,and ZIP code) 814 Marietta Street South Bend, IN 46601 Name of contact person Telephone number E-mail address Anne Hayes 574 ) 233-1296 ahayes @telecom park.corn Name designating body Resoluticr:ncmGer of d Location of property County DLGF taxing district numbw 900 Franklin Street St Joseph Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) SEE ATTACHED July 2018 Estimated completion date(month,day,year) July 2022 HOW Was MKIL01 Current number Salaries Number retained Salaries Number additional Salar es 0.00 0.00 REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 84,000.00 Pius estimated values of proposed project 3,000,000.00 Less values of any property being replaced Net estimated values upon completion of project a'.000.00 Estimated solid waste convened(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION I hereby ceitify that the representations in this statement are true. Signature of authorized reprsen Date signed(month,day,year)103/28/2018 Printed name uthorized representative Title Anne Hayes Member Page 1 of 2 FOR USE OF THE DESIGNATING :.. 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 limitations: A. The designated area has been limited to a period of time not to exceed calendar years"(see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (*see below) Year 6 Year 7 Year S Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes No If yes, attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title ofauthorized member ofdesignafing body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating bodyElAttestedby(signature and fide of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1. 1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC6-1. 1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1. 1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013, the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1. 1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. I J f Page 2 of 2 i i I i y 5 N a) 3 rn x f6 E n E E cu e - — t as° a` m n = o ao b'o° ros° ° e ° U c t V V W ° = m P ° E ., o qq 55N N ]] £Uy o ain rcJ b m°o3wrt Zti` O II II Fig v9 BLZ ° S 0 99 0 99 eta Mr ZU CL CL [t C at OT CC LL CL .+CC JCL ZI91-Z1oC•et0 Ut f „ w _— _i + ' _ - OPrl s °s SL CL i CL C CC CL LL Ci <A ALAI SZ SL_SZ LLL-..-—— g M q. 7l 99 99 6C B2 v^IBa1NArt a S OU 99 99 99 99 CC a ZCt C L- CC 7l c s s Q ° o 7CI 5 5 09 t•Z 8 0 3 $ v g ° 9 0'$ b a E FE El It ft 9s i•3t o N O I Z u 919"d Z a I G E mo IZO9 eta Franklin St& W Sample St-Google Maps Page 1 of 1 Go gle Maps Franklin St&W Sample St w mn s, CUndcdDcveragrsf Q B tl•Pack Q Q St Joseph County Jab© 0 Center For the Homeless QSouthBendPolice so South Bend Police Station The Drop Comedy Club Q Dn Grace Church Franklin Street 6 West Sample Street W Sample StB6WSampleStBWSampleSt13 F/%v Midwest Sales S Services N N ly CC R—Bend vGoogleNotreDameQ IW;eSxcia y Twbomachinery- Map data 02018 Google 200 ft, r Franklin St & W Sample St South Bend,IN 46601 AWL A 01 httDs://www.gooizle.com/mans/place/Franklin+St+%26+W+Sample+St.+South+Bend.+IN... 4/12/2018 Filed in Clerk's Office MEMORANDUM OF AGREEMENT MAY 08 2013 KAREEMAH FOWLER CITY CLERK.SOUTH REND,IN This Memorandum of Agreement (Agreement) dated as of the Thursday, Apr 126 , 2018, serves as confirmation of a commitment by Franklin Street Technology Park,LLC(the"Applicant"), pending an May 14`h,2018,public hearing, to comply with the project description,job creation and retention and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement(Commitments). 1.Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council (the "SBCC"), the City of South Bend, Indiana (the "City") commits to provide a (8) eight-year real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to a capital expenditure of$3,000,000 associated with the construction of three buildings located at the intersection of Sample Street and Franklin Street, South Bend, IN 46601 (Key Numbers 018-8002-0061, 018-8002- 0070, 018- 8002-0071, 018-8002-0073, 018-8002-0074, 018-8002-0075, 018-8002-0076, 018- 8002-0077, 018-8002-0078, 018-8002-0079, 018-8002-0094, 018-8002-0096, 018- 8002-0097, 018-8002-0098, 018-8002-0099, 018-8002-0100, 018-8002-0101, 018-8002-0102, and 018- 8002-0104). This real property project will create at least sixty(60) indirect jobs within five years. 2. Potential Impact of State of Indiana Circuit Breaker Law: The parties note that the calculations regarding the effect 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 amount was 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 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 this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project,the number of full-time permanent positions newly created by the Project, and the average wage rates and salaries(excluding benefits&overtime)associated with the positions,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 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. BILL NO. 18-20 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 reasonable control. As used in this Agreement, "substantial compliance" shall mean the Applicant's compliance with the following: (a)expenditures of no less than Three Million dollars 3,000,000) of capital investment towards the construction of three buildings located at intersection of Sample Street and Franklin Street, South Bend,IN 46601; (b)this real property project will create at least sixty(60)indirect jobs within five years. 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 of designation application and submission of 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 this Agreement the Applicant shall:(i)be delinquent or in default with respect to any tax payment in St.Joseph County, Indiana; or (ii) cease operations at the facility for which the tax 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 names 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 amount due(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 timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement and collection of the tax abatement savings required to be repaid hereunder. 9.Modification/Entire Aweement. This Agreement and the schedules attached here to contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied,oral or written,except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right,remedy, power or privilege with respect to any occurrence or be construed as a waiver of such right, remedy,power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 13. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to 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: Franklin Street Technology Park,LLC 814 Marietta Street South Bend,IN 46601 Attn: Charles Hayes If to the City: City of South Bend,Indiana 27 West Jefferson Blvd. Suite 1400S South Bend,Indiana 46601 Attn: Daniel Buckenmeyer,Department of lCommunity 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 withheld. 15. Valid and Binding Agreement. This 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 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.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" Franklin Street Technology Park, LLC City of South Bend, Indiana Y: By: G Y1 rip— T-)00 Tim Scott insert contact name] President, South Bend Common Council Y: Approved as to Le al Adequacy and Form this day of 1 ,2018. Gavin Ferlic Chairperson,Community Investment Committee Counsel, South Bend Common Council Y Dan Buckenmeyer Department of Community Investment Counsel for Applicant lv A By: Pete Buttigieg Mayor Filed in Clerk's office MAY 08 2018 KAREEMAH FOWLER CRTY C'_ERK,SOUTH BEND,IN SpUTH Filed in Clerk's Office w y E"c` a APR 18 2016 x x 1865 E KAREEt AN'r6 LER CITY OF SOUTHBEND!TYCLERK.SOUTH BEAD, IN COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR April 18, 2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: Wharf Partners, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of a mixed use building, located at 320 East Colfax Avenue, South Bend. The report contains the Department's findings relative to the above petition. The total cost for the construction (Phase I) is estimated at $19,350,000 over a two year period. The project meets the qualifications for a six-year real property tax abatement and a representative from Wharf Partners, LLC will be available to meet with the Committee on Monday,April 23, 2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Since ely, Davie J Bucke yer Director of Business Development and Economic Resources D.-mNa..J.BUCKENME)TR ALKEltiA ALDRIUCE PAMELA MM-ER I'M GORCORM BUSI\FSs DEVELOPMENT E\CAGE\IE:\T&ECo\oT11C E,\1PmkmRAIFNT NEIGHBORHOOD DF.vmwnIErT PI,\,\,N Nc&CO\i.Nwm Y RFsoL'RCFs EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Blvd. South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov BILL NO. 18-21 SUBSTIUTE BILL NO. 18-21 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 320 East Colfax Avenue, South Bend, IN 46617 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR COMMERCIAL PROPERTY LOCATED AT Wharf Partners, 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 purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 320 East Colfax Avenue, South Bend, Indiana described as follows: Lots 2 of the Cascade Minor Subdivision recorded on April 12, 2018 as Document No. 1808428 in the office of the Recorder of St. Joseph County,Indiana and which has Key Number 018-5001-000204, and be designated as an Economic Revitalization Area; 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 I. 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 four (4) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 100% 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 six (6) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office APR 18 2018 KAREE10AH FOWLER TAX ABATEMENT REPORT CITY CLERK,SOUTH BEND,IN TO: SOUTH BEND COMMON COUNCIL FROM:DANIEL BUCKENMEYER SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Wharf Partners,LLC (Phase 1) DATE: April 18,2018 On Monday April 16`x',2018,a petition from Wharf Partners,LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at 320 East Colfax Avenue, South Bend, IN 46617. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition(a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY Construction of the approximately 77,000 sq. ft. mix use building containing commercial and residential space. The proposed construction will be located on the riverfront land located within the Central Business District. The high quality mid-rise building will promote further confidence in the real estate investment community and spur additional investments,especially in the East Bank Village. The project is expected to create approximately 20 indirect jobs in the next three years. 19,350,000 private investment in the buildings construction. Estimated taxes being paid during the six year abatement period — S1,468,000 residential property) Estimated taxes being abated during the six year abatement period—$432,000 EMPLOYMENT IMPACT Per the petition,it is estimated that the total project will: i Create sixty(20)indirect jobs i 1 ABATEMENT QUALIFICATION j i 1 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River East Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a( 6)six-year real property tax abatement under section 2-84.2,Tangible Real Property Tax Abatement. t f i i I Filed in Cl70ffice APR 1 KAFt`EMAH FOWLER CITY CLERK.SOUTH BEND,Rd a COO000 o 000 000( N cli C:) C)00 n a°o a ui LU Lu N N CX3 pp o 0000 a 000 000 000000 0 0 0 o rn o o N W 0 C.0 0 0 0 0 0 10 0 0 n O C o a OD co co m m co m i UJ 0 0 N N O X ct V V a0 00 r r W vvvvvv to i V:10 d r N N N N N N V i N N m iL CY. Uj U o`r 0ooO OOO 000 0000 C 3 o yl o o Lo O o 00 00 r N N N GO o N0000 o OOO OOO N M 000000 O i O O O O C Z H a Q C14 cli p0 C N N U I p e N O O O O o O O O O O O W y 0 0 0 0 0 0 O w O ( O O O O O 0 0 0 0 ED)0 O cn o y o o to 0 0 0 0 0 0 0 0 U O O N N N N N N N N N oo v, n n Q nrnnnn c a Q v v LO c J c x N N 3 i ~ } 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 U o o oo rn o o ° 1 W °' 000000 0 p Z o o ail oo LC) o o Z x OOOOOO o O 00 000 r- r- E° et' r,n nrin M a O m N N U m lI CL 4. a O x j W p a W x q I L m W W7C0000oO000 000000 O O3OONOOQ) 't 0 O O x p p E 0 O in arnrno 0 C Z o W 000000 O 2 y E m o0 00 c co2 a ~ n rN- r M r- O 0 v v_ L F aci U Q N N t O U N a c FO o 000 000 000000 o cY m t u) H W 7etS Ul X~ jU> W O C p W O N N W U E CO N U q >qOppN(h 7 Lo(O W y q q d c o q C N Z O a 0 0 m W q N C R O O O O O c W Y E co 0 0 H O x E q j q j O U V H W WWOWLNd N C L O O U O W W CcaEOmmW m ?> q m c V m U 4) v x x o vjmHWWWmdcoUY O;Q q I-r l W q . @ q W Mmd W x W mm m S] W r0 m jmgEQcH ' D > W N MZ a ° 2z iioc E a a< W ,) m X75E LLI q 7 q qN q_ co UmJ Q (D- 1 U 3 BILL NO. 18-21 BILL NO. 18-19 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 320 East Colfax Avenue, South Bend, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR COMMERCIAL PROPERTY LOCATED AT Wharf Partners, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that portions of the property located at 320 East Colfax Avenue, South Bend, Indiana which is more particularly described as follows: Lots 1, 2 and 3 of the Cascade Minor Subdivision recorded on April 12, 2018 as Document No. 1808428 in the office of the Recorder of St. Joseph County, Indiana and which has Key Number(TBD),and be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seg., and South Bend Municipal Code Sections 2-76 et seg., and; WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1. 1-12.1, et SeMc., and South Bend Municipal Code Sections 2-76,et SeMc., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 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 completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1. 1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(6)six years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 100% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office APR 18 2018 KAREEMAH r<JWLER CITY CLERK SOUTH PTkin IaJ . t( t l1CL 1tI `l®T(' I1E t Cl iv 's I" 'iJ` f C'„ C'3L' Petition must include a$250 Alin 9fee payable to the City Cler;r's Office or online via the City's tvebsite at 6trip://soufhbendin.gov/government/ content/ton-abatement before processing con be complete AN m 1 General Information Project Name Project Number(I Legal name as registered withSecretoryof Wharf Partners LLC KA 1' f_l ` t rl_t i itate Business structure tiff ttfft"t ttk"U f DOND Limited Liability Company I I 1 Company wabsite atthecascada.com Proposed Project Information Proposed project address 320 East Colfax Avenue Parent company name NIA City,state,Zip South Bend, IN 46617 Legal owner Wharf Partners LLC Site acreage or acreage required ape-half acre Is the real estate owned or owned Square feet offocility 77,000 sq ft If leased by whom Primary Contact Information Primary company contact name Frank Perri fle Managing Member Address of company contact P O Bob 148 Phone 574 532 5646 City,State,Zip South Bend,IN 46624 Email fperri @earthdesignsred.com Senior Official Information Company senior official name Frank Perri T'tle Managing Member Address of company contact(if different from Phone ahnve City,State,Zip Email Consultant Information/Agent Hired business consultant/agent name Consultant release(t/N) Address Lccal economic development partners approval y N) City,State,Zip Email Project Overview Brief description of your company,project,and why the Wharf Partners LLC was formed in 2011 as a single asset entity,in order to develop the last property Is necessary for remaining vacant parcel of riverfront land located within the Central Business District in the City economic growth of South Bend.The development is a mired use project containing residential and commercial uses,constructed in 2-3 phases and totals an investment in excess of$43,000,000. The high quality mid rise buildings planned for this key site,will sow confidence in the real estate investment community and spur additional investments,especially in the East Bank Village neighborhood,which primarily consists of lower density,lover quality structures. This development will also help validate the current public investment strategy being made by the City of South Bend and the State of Indiana in creating quality of place projects.These public and private investments provide a platform for growth,resulting in new opportunities for both residents and the business community. Certlaed Technology Park appropriate No Is the project In a Tog Incremental Finand:tg T a If q which? Yes, River East certify that the Building Permit has not bean Number of residential units created by Issue 15-20 1s:phase. oD-80(alt phases) If this Is a petition for personal property tag ntatemer,t,has N/AtheequipmentbeeninsYiled Investment Details Public Infrastructure needs(Off- H. any 501 f•ndin3 been what Is the value of any equipment being purchased in What is the.alue o'any equipment being site of project in dollars) r_ceivsd? Indiana for the project? purchased from cut of state fer the project? None _N° BILL NO. 18-21 New Project Investments Calendar Year 2016 2037 2018 2019 2020 2021 2022 2D23 Land Acquisition 1,050,000 Building Lease Payments Ie Building Purchase Costs New ouildin3 construction 7,300,000 S 10,000,000 $1,000,000 Enlsting Building Improvements New Machinery&Equipment Special Tooling/ Retooling New Furniture/Fbaures New Computer/IT Hardware New software On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL so,0 Full-i ime Permanent Indiana-Resident Positions by Calendar Year Calendar year Jobs retained Total hourly Cumulative it of net NEW full time Hourly average wage,of/o Total training Total n to be wage w/o permanent jobs created at project benefits or bonuses,of erpendlture- trained-not fringe ar cumulative net new jobs not cumulative bonuses cumulative 2016 2017 2018 1 5 2019 2 1 d 2020 20 14 2021 2022 I 2033 2024 2025 2026 2027 Provide hourly Wage information for new employees in thefollowing positions. Full time Port time Laborers Technical Managerial Administrative W o cud e t e IndiviLluol responsible for caor matmg with Wori(One on recrurtin ? Does your company have an EEO hiring policy? Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment t the last three years: diversity and inclusion by detailing your V^=r I outreach and recruitment efforts for the last three years as well as current polides. Full Time Part Tire FUIITlr.:e Part T,,—.e Full Time Part Time Black Hispanic Asian Indian Female Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If es or Qualify Earned points Available Points you qualify for the points,please enter the full amount of available ( yes No) points. 1 Construction Related IContractors): A. Employ Local Companies(7596) yes 20 20 B. Purchase Materials from Local Companies(75%) yes 20 20 C, Require Employees vs.Independent Contractors yes 19 19 D. Require Prevailing Wage(Davis Bacon) no 22 E. Require Health Benefits no 22 F. Require Pension Benefits no I 18 G. Maintain Affirmative Action Plan yes 20 20 Sub-total Construction Related: (J 79 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels I yes 33 33 B. Provide Health Benefits es l 34 34 C. Provide Pension Benefits I no I 29 D. Provide Training yes 1 28 28 E. Provide Child Care I no 15 F. Provide Transportation Asslst3nce no I 14 G. Provide Employer Assisted Housing program no 9 Sub-total Wage&Benefit Related: I 95 162 3 Workforce Related: A. Create New Jobs yes 42 42 B. Retain Existing lobs yes Y1 41 C. Maintain Affirmative Action Plan yes 35 35 D. Provide Targeted Hiring Preference no 34 Sub-total Workforce P.elated: 118 4 Support a Municipal Facility: A Support a SB Municipal Facility(donations to the 84 zoo,conservatory,museum,etc.) yes E- Name of Facility Parks&Venues Sub-total Municipal Facility: N 84 Sub-total from Above: 376 O The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City Of South Bend for a real and/or personal property tar,abatement consideration and pursuant to I.C.,6-1.1-12.1- 1,et seq.,and South Bend Municipal Code Set.2-76 et seq.,for this petition state the above. Submitted BY: Frank Perri Date: April 12,2018 For Staff Use Onitl Selovi This Line What Is the current assessed value?Real Property: Personal Property: What Is the projected assessed value? Real Property: I Personal Property: What is the tax hey number for this project? 1 What Is the six cilgit NAILS code? Please ottach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: PersonalPropartyTaxes: paid for the last five years vrhen applicable. Year one Year Two year Three Year Four Year Five Please fill out the folloLving Public Benefit summary information and add to total from above. Y or N Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs L 49 B. Develop Based on Local University Research I 35 C. Achieve a Physical Element of a Plan II 36 L _ Sub-total Project Related: I I 120 6 Super Size Projects(point values are cumulative): A. 100%to 199;. 2 I 25 B. 200%to 2991. I I 68 C. 3004.to 3995. 65 D. 4005'.and Over J 52 Sub-total Super size Projects:0 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51- 75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost I 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 3 7 539 Total from Staff Section: 6 461 Total Public Benefit Points: 1 0 Plea i h 8 tr t EMENT OF BIE-NEHT 20 PAY 20 26'1~ dr y RfIE,AL ESTATE 2il MURZ®9E If3ENTS 2 State Form 51767(R6 110-14) Al 1 1 2010 F02M SS-11 Real Property Prescribed by the Department of Local Governme t Finance PRIVACY NMMICEThisstatementisbeingcompletedforrealpropertythatquallffesunderthet6dWftq]'q ah"Y 7,?t one bog): Any intormauon conceming me costfidRedevelopmentorrehabilitationofrealestateimprovements(IC G 1`I-2`9` °` ``h"per - ' of me progcrty and specific salaries 1 esidentialiy distressed area(IC 6-1.1-12.1-4.1 r C5'i til._rl;U t H h; NID i!\l f paid to In ividual employees by the raperiy owneris wnndenlial per INSTRUCTIONS: PC 6-1.1-12.1-5.1. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requiresinformation from the applicant in malring its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment orrzhabiNation ofreal piopedyfor which the person wishes to claim a deduction. 2. The statement of benefits farm must be submitted to the designating body and the area designated an economic revitalization area before the initiation orfile redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 3221RE must be flied 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 ah'erthe assessment notice Is malted to the property ownerif it was malted afterApr110. A property owner whofelledtofileadeduction application within the prescilbed deadline may file an application between March 1 and May 10 of a subsequent year. 4. A property owner who files forthe deduction must provide the CountyAuditor and designating body with a Form CF-1/Real Property, The Form CF-1/RealProperlyshouldbeattachedto the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable.iC 6-21-12.P-5.1(b) 5. For a Form S8-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SE-1/Real Property that Is approved prior to July 1, 2013,the abatement schedule approved by the designating bodyremainsin effect. IC 6-1.1-12.1-17 Namaofttt'A F I Address of faxdpayer(number and street,ci slats and 74P code) 3(e. 7 /4 Name of contact person Tie lapho a number E- ail address GJ Name of do Ignating= 1i13 f U':[t fJ1 (ieyln-A o ••o•o a 1 p11,1MUiJ GI Resolutfonnumber Location of property I County, I DLGF taxing disbrict number O Su6Al lSio,y Sy . 500P h V OZ(v-S for Descriptlon of real property improvements,redevelopment,orrehebllliation(use additfonalsheets irnecesswy.) FsGmated start date(month,day,year) S—J_lt4 _7) ST Dit l w uMp aG v,tO 64446c Cc' i Irk INL P l}C J SE'Jai. 1 U r73P C rel 56 ^ .6 Esgmale completion date( month, day,year! SE Sp ltv vpE Cd;rp0mmjiwn Itur,7't-F,gn r 24A,&CjgL Ju) 3) Zc 1 ESTIMATE OF • AND RFSJLl'OF-PR,0POSt0 PROJECT Currenlnumber- Salaries Number retained Salaries Numberaddillo Ssiaries 7-72 Mlturrivit 4.ESTIMATED 7(jIAL COSTAND VALUE OF PROPOSEr,PROJECT REAL ESTATE IMPROVEMENTS v COST ASSESSED VALUE Current values 10 Plus estimated values of proposed project 3X01 61M Less values of any property being replaced M values upon completion of project CONVERTED o PROMISED : id waste converted(pounds) f`) 7 Estimated hazardous waste converted(pounds) Yv Ot rdjolv': i hereby certiry at the represe •ons in this statement are true. Signature of aut d r - enlati a Dais signed( nth, daK__o ear) I I I Prin ame of out r ed rap esentallw Title L G4 Page 1 of 2 FOR USE OF DESIGNATING BODY 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 limitations: A. The designated area has been limited to a period of time not to exceed calendar years=(see below). The date this designation expires Is B. The type of deduction that is allowed In the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements )es No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions( specify) E. Number of years allowed: Year'I Year 2 Year 3 Year Year 5 (*see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1=177 Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above, Approved(signature and title of authorized member ofdostgnating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area Is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1. 1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prier to July 1,2013,the deductions established In IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)year. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1=12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-VReal Property that Is approved after June 30,2013,the designating body Is required to establish an abatement schedule for each deducticn allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalizatlon area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's Investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees comparad to the state minimum wage. 4) The Infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains In effect until the abatement schedule expires under the terms of the resolution approving the iaxoayer's statement of benefits. Fled in Cle'ric's C0108 APR 18 2131i, i i'\AFIEBi'SAH ILCOei.-ER Page2of2 f%r!b`f!_ 4.,i7lFii t? i.l[ ! 320 east colfax, south bend-Bing Page 1 of 1 LV bing map:. Notes 933 i ri°wx't S: z ilkL-'J ark`•+ie¢k, PARK AVENUE d RTHEAST SOUTH.&ENO Z V1 N v Cedar Sl y, w z South Bend Z E to Salle Ave E Colfax Ave 20! W US-20-St Y C E)effeesonBlvd G L in Clerk's Office WWesteinAve st°ale,• 3 ESouth St APR 18 2018 iE EDGEV/A % akaAWSampleSt,:ijj E Sample St 4\REE1,A FOWLER t I ERK.SOU i 4I BEND, Vb,n,l Lw—S, BJtb Atc e.hC xr.CP3t3 HC4E Carrturo's at ., Mom - n r 2 Fire Arts O U Polois il Circa Am zoyafe E Colfax Ave E Colfax Ave Gallery zz Inspire Me to a fi Purple Porch Co-ap t-' _ z L a-. DoubleTree by Q to Hilton Hotel Sou... ar Ti Cafe Navarre E Washington St z E Washington St z rk 1 v' South Rend c Museum of Art East Rani Emporium Derue Ct Century Center Z iFr St Mseph 9 Counry So dayne Chicory Cafe N Tt,t'rr. hrriny John VSl co South Bend tor Comrnuniry School Co. Ho,sord Acr•.r"C N rn 0 Howard Po srf O 1 r.+ 3n Thoi r't E Wayne St tqurant'-- p Bing esa+etERE https://www.bing.com/search?q=320+east+colfax,+south+bend&src=IE-TopResult&FOR... 4/18/2018 E, ll mwMLU co to LIX COLFAX AVENUE (82.5- R/W) lg;! 3w 11-O-W-EW-E(R) 33• kk B60Y 301.32' 111.46' R/4, E g 3 03 24 So 04 C-4 X WOW E fg, ZiE 0 6 C) cj E MI Lj ir 2E 0-, 4kzik + ASW C'j in 42.1 kiww 5342' N Wu.,C\. Mir I i C)u C) 0 u- b ZL,'un j f2 4 L r° 8CL 0: CL z 11 Vl.\ % 0 0., FS, d.,n <Q Lo Z-0-0 Cn Ld C, Jd mC)= LLJ Z5 U Do Poi CC s Est v NUN.. 2 howOfi,58!1.81 H ra v•ron wr vw pv wwdwe•.w s wm CV mmo CQ 70 eggs sad. m m 1.'( s )j s C; Go o p WCL Waa 33'Soo s a C!n U HM=l7 o GG F 3 w y cj- 1+1p 1 p+- O GdR- -;mory mod a L^ stud Fi a ° Wag S55 oB° m_ `a G'yWN dE b 5ti s V m o oe 2R Y s 3 AS LLJ C. O 0 Simi YR= gRQ " Cg= o R Q a Z W m W z l U Q CC) —' v, ° 0 _ 1 ; a z o G^. C Ld F C 21200 COUNTY-Crry 27 W.JEFFE1oNN BOu[mvmw O$ pU 1 1 F1AXN 574/235-7670 SOUTH BEND,INDIANA 46601-1830 x TTY 574/235-5567 x 1866 CITY OF SOUTH BEND Pr-'1T BU'1'17GIRG,MAYOR DEPARTMENT OF LAW STEPIIANIE STI ELE ALADEAN M.DEROSE CORPORATION COUNSM,Q-TY Filed in Clerk's Office Ma), 8,2018 Mr.Tim Scott,President MAY 09; 2018 South Bend Common Council L .-___ _ 227 West Jefferson Blvd.,4`'Floor KAREEMAH FOWLER South Bend,IN 46601 CITY CLERK,SOUTH BEND,IN Re: Resolution Electing to Participate in the Public Employees'Retirement Fund's MyChoice:Retirement Savings Plan as Administered by the Indiana Public Retirement System Dear Council President Scott: Attached for filing with the South Bend Common Council is a Resolution electing to join the Public Employees' Retirement Fund's ("PERF' MyChoice: Retirement Savings Plan as administered by the Indiana Public Retirement System (copy also attached). Passage of this Resolution will enable the City of South Bend to offer its employees hired after July 1, 2018 the option between enrolling in the currently offered " PERF Hybrid Plan" and the new "MyChoice: Retirement Savings Plan." The new MyChoice: Retirement Savings Plan would give the City more control over contribution rates while allowing participating employees to have a shorter vesting period and greater portability. Employees hired before July 1,2018 would remain enrolled in the PERF Hybrid Plan. Human Resources Director Kyra Clark and City Controller Jennifer Hockenhull will present this Resolution to the Council at its Committee and regular meeting. Thank you for your consideration. Sincerely, Danielle Campbell Weiss Assistant City Attorney cc: Kyra Clark,Director of Human Resources Jennifer Hockenhull,City Controller FI.LIOT A.ANDERSON ASHLEY MILLS COLBORN SANDRA KENNEDY CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS BILL NO. 18-22 Filed in Clerk's Office BILL NO. 18-22 MAY 09 2018 RESOLUTION NO. KAREEfdlAH FOWLER CITY CI-ERK,S01JTH BEND, I1\1 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, ELECTING TO PARTICIPATE IN THE PUBLIC EMPLOYEES' RETIREMENT FUND'S MYCHOICE: RETIREMENT SAVINGS PLAN AS ADMINISTERED BY THE INDIANA PUBLIC RETIREMENT SYSTEM WHEREAS,the Common Council of the City of South Bend, Indiana is the governing body of the City of South Bend, a political subdivision or miscellaneous participating entity in the State of Indiana; and WHEREAS, for the purposes of this document and interpretation of statutes governing the Public Employees Retirement Fund ("PERF"), the public employees' defined contribution plan under IC 5-10.3-12,known as the "My Choice: Retirement Savings Plan," shall be referred to as "the Plan."The PERF Hybrid defined benefit pension fund, known as "PERF Hybrid," shall be referred to as "the Fund." WHEREAS, political subdivisions may participate in the Plan and also choose whether employees are required to become members of the Plan,the Fund,or whether employees may choose membership in either the Plan or the Fund. WHEREAS, the Council as governing body is fully cognizant that, if it resolves that it will place any employees in the Fund, the percentage of cost of gross annual payroll of covered employees has been set at_% rto be filled in by INPRSI by the actuary of the Fund, and that the Board of Trustees of the Indiana Public Retirement System directs the actuary to annually review the status of the employees covered and shall adjust the cost percentage accordingly so that the Fund will remain on an actuarially sound basis; and WHEREAS,the Council as governing body is fully cognizant that, if it resolves to require employees to enter the Plan or offer employees a choice between Fund and Plan membership,the Council shall submit a resolution with the following information regarding their participation in the Plan: 1. Specify the political subdivision's contribution rate to the plan as a percentage of each member's compensation AND pay such contributions as required under IC 5-10.3-12-23 and IC 5-10.3-12-24.5. Such rates must be greater than or equal to zero percent (0%) and may not exceed the percentage that would produce the normal cost for participation in the fund under IC 5-10.2-2-11. 2. Specify the political subdivision's matching rate that is the percentage of each member's additional contributions to the plan that the political subdivision will 1 match. A political subdivision may specify only: 1)zero percent(0%); or 2) fifty percent(50%). 3. Specify whether the political subdivision will pay any part of a member's contribution on behalf of the member; 4. Specify whether employees will automatically be enrolled in the Fund or the Plan if an eligible employee does not make an affnmative election. WHEREAS, if such governing body participates in the Fund, such governing body acknowledges its liability and that, pursuant to law, it and its successors in office, must appropriate sufficient funds each year to retire the employees' prior service liability in an orderly manner and also fund the current cost accruing annually. WHEREAS, if such governing body participates in Plan, such governing body acknowledges its liability and that, pursuant to law, it and its successors in office must appropriate sufficient funds each year to meet all contribution obligations required by law. WHEREAS, such governing body acknowledges and agrees to make a supplemental contribution to the fund in an amount necessary to pay the employer's share of the fund's actuarial unfunded liability that other employers would otherwise be required to pay because the employer's employees are becoming members of the plan instead of the fund. WHEREAS, such governing body acknowledges and agrees, when an employee separates from service before the member is fully vested in the employer contribution subaccount, the amount in the employer contribution subaccount is forfeited as of the date the member separates from service. Such forfeited amounts shall be used to reduce the unfunded accrued liability of the fund as determined under IC 5-10.2-2- 11(a)(3) and IC 540.2-2-11(a)(4). For employers without an unfunded liability, such as employers joining PERF for the first time and offering only Plan membership, such forfeited amounts will be returned to the employer in the form of a credit to the employer contribution subaccount. WHEREAS,the General Assembly ofthe State of Indiana has authorized covered employers to pay all or part ofinembers' mandatory contributions. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I: Election to Participate. The City of South Bend elects to continue as a participating political subdivision or miscellaneous participating entity in the Public Employees' Retirement Fund by including classes of employees as stated below in the coverage under Chapter 340 of the Acts of 1945, and all Acts amendatory thereof and supplemental thereto. 2 SECTION II: Retirement Plans Offered. The City of South Bend elects to offer the following retirement plan(s) under the Public Employees' Retirement Fund: Both PERF Hybrid and My Choice: Retirement Savings Plan shall be offered to all new employees. The employee may choose the retirement plan in which the employee will participate. This choice of options shall only apply to new employees hired after July 1, 2018. Existing employees shall continue to receive benefits through the currently offered PERF Hybrid system. SECTION III: Default Plan. If an employee is eligible to choose membership in either the Fund or the Plan, and that employee fails to make an election within the period set forth in IC 5-10.3-12-20 and 35 IAC 1.3-4-1, said employee will be enrolled automatically and irrevocably in the My Choice: Retirement Savings Plan the Plan"). SECTION IV: Employee Contribution. That, effective as of the 1 st day of July, 2018,the City of South Bend, Indiana shall pay 1 %s% of the mandatory contribution for Teamsters employees who are members of PERF, or in the amount specified in the current Collective Bargaining Agreement. The term"mandatory contribution" means the mandatory 3% of gross wages required to be contributed in order for an employee to participate in the Plan. Said employees shall not be entitled to choose to receive the contributed amounts directly. The contributed amounts will be paid by the employer to the specified pension fund. For all other classifications of employees, the City of South Bend, Indiana shall not pay any of the mandatory contribution requirement. Instead, said contributions shall be paid by the employee via a 3%reduction of the employee's salary, or as specified by City policy. Such contributions will not be included in the employee's gross income for certain tax reporting purposes, that is, for federal, state, or local income tax withholding, until distributed either though a pension benefit or a lump sum payment. Such contributions will be included in the employee's gross income for FICA taxes when they are made. These contributions are made on a pre-tax basis but are paid by the employee through a payroll deduction. SECTION V: Employer Contribution. The employer contribution shall consist of the normal cost and supplemental rate, as required by INPRS. The "normal cost" is part of the rate employers pay into the employee's MyChoice: Retirement Savings Plan. This amount may range from 0% to the percentage that would produce the normal cost for participation in the fund under IC 5-10.2-2-11. The "supplemental rate" funds the unfunded liability in the Plan, and is paid to INPRS, not the employee's MyChoice: Retirement Savings Plan account. Both the normal rate and the supplemental rate are subject to change annually as determined by INPRS and the City will adjust its contribution rates in accordance with any INPRS changes. 3 The City of South Bend, as a participating political subdivision, offering the Plan, agrees to pay a contribution rate to the Plan as a percentage of each member's compensation in the amount of I% less than the current normal cost paid in the PERF Hybrid Plan. SECTION VI: Additional Employee Contributions. Employees are permitted to make additional voluntary contributions to the Plan in an amount not to exceed 10% of gross wages. The City of South Bend, as a participating political subdivision offering the Plan, will not match any additional contributions made by the employee. SECTION VII: Employee Classifications. It is hereby declared that none of the classifications or positions specified in Section III are compensated on a fee basis or of an emergency nature, or in a part-time category. SECTION VIII: Date ofActive Participating Membership in the Plan. The active participation membership ofthe City of South Bend in the Plan shall begin on July 1, 2018. SECTION IX: Effective Date of Resolution. This resolution shall be in full force and effect from the date of passage and upon approval of the Board of Trustees of the Indiana Public Retirement System, except that active participating membership shall begin on the date set forth in Section VIII. Tim Scott, Council President South Bend Common Council 4 4SpUTNB 1316 COUNTY-CI'T'Y BUILDING U d PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD A PEACE FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR Filed in Clerk's Office BOARD OF PUBLIC WORKS April 24,2018 MAY 08 2010 Terry Lang K!-tRFMFH FOWLERJPTCRealEstate CITY CLERK,SOUTH BEND, INPOBox600ACITY._._._„ -_ ,SOUTH ._. ,_..-. South Bend,IN 46624 RE: Alley Vacation—First North/South Alley West of Carroll Street,East of Michigan St., South of Bronson St.,North of Penn Central Railroad (Preliminary Review) Dear Mr. Lang: The Board of Public Works, at its April 24, 2018, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment Department, Fire Department and the Solid Waste Division. The vacation request was found to meet the criteria of IC 36-7-3-13 regarding alley vacations. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Donna Hanson, Engineering Bianca Tirado, City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU BILL NO. 22-18 LANG, FEEN EY & ASSOCIATES, INC. LAND SURVEYING — CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 I r TELEPHONE 574.233. 1841 • FACSIMILE 574.674.0374 www.LangFeeney.com WILLIAM D. LANG, PRES. JOHN B. FEENEY, P.S. TERANCE D. LANG, P.S. FARM SURVEYS SUB-DIVISIONS SEPTIC DESIGNS LOT SURVEYS SITE DESIGN &DRAINAGE CONSTRUCTION SURVEYS May 2, 2018 City of South Bend Common Council Room 455 County-City Building South Bend, Indiana 46601 Re: Alley Vacation —JPTC Real Estate: 228 E Bronson Street To The Common Council, The vacation is a request for the first north-south alley lying west of Michigan Street, running south of Bronson Street to the Penn Central Rail Road. This alley is approximately 248.78' feet in length. JPTC Real Estate currently owns all property adjacent to this alley. The alley serves no other properties therefore requesting the vacation of the alley. The vacation of the alley will facilitate a more productive use of the adjacent area which happens to be one business. Sincerely, n Terance D. Lang Filed in Clerk's Office BILL NO. 22-18 MAY 08 2018 ORDINANCE NO. KFtREEivI N FOWLER CITY CLERK,SOUTH BEND, IN! AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NS ALLEY 14' IN WIDTH LYING W OF FELLOWS AND CARROLL STREETS, E OF MICHIGAN STREET, BOUNDED ON THE NORTH BY THE S RIGHT-OF-WAY OF BRONSON STREET, BOUNDED ON THE SOUTH BY THE N RIGHT-OF-WAY OF THE PENN CENTRAL RAILROAD, RUNNING APPROXIMATELY 248.78' IN LENGTH. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: FIRST NS ALLEY 14' IN WIDTH LYING W OF FELLOWS AND CARROLL STREETS, E OF MICHIGAN STREET, BOUNDED ON THE NORTH BY THE S RIGHT-OF-WAY OF BRONSON STREET, BOUNDED ON THE SOUTH BY THE N RIGHT-OF-WAY OF THE PENN CENTRAL RAILROAD, RUNNING APPROXIMATELY 248.78' IN LENGTH hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-3021-079201 018-3021-0793 Section IV. The purpose of the vacation of the real property is The Petitioner currently owns all property adjacent to said alley and wishes to utilize this area in the function of the business. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 018 3021 0764 018-3021- f 614 018-3026 01f-3021 0:'78 626 83 018-3021-0766 013-3021-0 '68 21 3021-i-780 018 i30 07 63'4 209 21'1 . 01821721. 113225 55 o- 302 w 6-09 4 j q- 018 30 1 079201`. UT END j 01813021-0793 Y v 3021-0791 City of South Bend 11f Dept. of Public Works Alley Vacation 150' Radius Map 227 W Jefferson Blvd. #1316 JPTC Real Estate 1 228 E. Bronson South Bend, IN 46601 First NS alley 14' in width lying W of Fellows and Carroll Streets, E of Phone: (574) 235-9251 Michigan Street, bounded on the north by the S right of way of 150' Buffer Bronson Street, bounded on the south by the N right of way of the Address List attached Penn Central Railroad, running approximately 248.78' in length. Date Prepared: 5/1/2018 DCH CITY OF SOUTH BEND 227 W.JEFFERSON BOULEVARD PHONE 574/235-9251 DEPARTMENT OF PUBLIC WORKS SURE 1316 COUNTY-CITY BUILDING FAx 574/235-9171 SOUTH BEND,INDIANA 46601 TDD 574/235-5567 Street/Alley Vacation Form as THIS FORM MUST BE REVIEWED BY THE CITY ENGINEERING DEPARTMENT PRIOR TO GRANTING A RADIUS MAP* i Submission Date: Applicant Name: JPTC Real Estate Phone#: -4_231_coo(6-7 Email: Property Address: p0.$OXtvooA ouTN >3 ti11J, IkL 44,6ZIA Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(ex. 5 E e A T 7Ac-14 EtJChurchPI,between E.Colfax Ave&E.LaSalle Ave): Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? 0 Yes No If no,use the attached table to provide the following information for all affected property owners: Name,Address,Consent for the proposed alley vacation Reason for street/alley vacation and proposed use: Owner recently acquired all adjacent properties an wishes to vacate the alley for future development use. Does the existing alley provide garage access to other property owners? Yes No Does the alley receive daily traffic excluding your own use? Yes No Would the vacation hinder public access to any of the following:a church,school,or any El Yes Q Nootherpublicbuildingorplace? OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: Yes N Board of Public Works Authorized Signatures: Filed in Clerk's Office MAY 08 2018 KAREEMAH FOWLER CITY CLERK,SbUTH BEND,IN Version 1.0(6/14/20161 Filed in Clerk's Office PETITION TO VACATE PUBLIC RIGHTS-OF-WAY MAY 08 2018 STREETS/ALLEYS)KAREEMAH FOWLER CITY CLERK,. SOLITH REND. TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: First NS alley 14' in width lying W of Fellows and Carroll Streets, E of Michigan Street, bounded on the north by the S right-of-way of Bronson Street, bounded on the south by the N right-of-way of the Penn Central Railroad, running approximately 248.78' in length. B. THE STREET DESCRIBED AS: none ME (signed printed) ADDRESS LOT # i 1 j PO Box 600A Key No. 018-3021-0793 JPTC Real Estate, LLC South Bend, Indiana 46624 (228 E Bronson St) James M. Scott Key No. 018-3021-079201 v/1 west of 228 E Bronson St) RETURN TO: CONTACT PERSON: OFFICE OF THE CITY CLERK Lang, Feeney & Associates, Inc. KAREEMAH N. FOWLER, CITY CLERK Terance D. Lang ROOM 455 COUNTY-CITY BUILDING 715 South Michigan Street SOUTH BEND, INDIANA 46601 South Bend, Indiana 46601 574-235-9221 574-233-1841 terry@langfeeney.com 018-3021-0793 018-3021-079201 No SD RequiredrW 1808338 Fil din Clerk's Office RECORDED AS PRESENTED ON 04/11/2018 11:21 AM WMARYBETH 1SN5N1E WSK1 MAY 08 2018 ST.JOSEPH COUNTY RECORDER PGS:3 FEES:25.00 K NREEMAH FOWLER CITY LERK,SOUTH SEND,IN Transfer23278 Taxing Unit South Bend Date 04/11/2018 g 3 g 3516-3521-579201 TransferVMY Taxinq Unit gdAyaked Date OVUM 1806217 RECORDED AS PRESENT 03119/20160 AM MARY B 1SNIEWSKI 1 P —re po N O OSEPH COUNTY t (,J U/ RECORDER Tax ID No. C O rre C-' e u2GI c e °i6os?s- aooDilixm°-0 s 5T OD WARRANTY DEED THIS INDENTURE WITNESSETH THAT Warren Holdings,LLC,an Indiana limited liability company CONVEY(S)AND WARRANT(S)TO JPTC Real Estate, LLC, for Ten Dollars and other valuable consideration the receipt whereof is hereby acknowledged,the following described REAL ESTATE in Saint Joseph County,in the State of Indiana,to wit b SEE ATTACHED EXHIBIT'A- Subject to Real Estate taxes now due and payable and thereafter Subject to covelants,restrictions and easements of record. The undersigned person(s)executing this deed on behalf of the Limited Liability Company represent and certify that they afire a current member/manager of said Limited Liability Company and have been fully empowered by a propermeetingandvoteoftheLimitedLiabilityCompanymemberstoexecuteanddeliverthisdeed IN WITNESS WHEREOF,the Grantor has executed this deed this 6th day of March,2018. Warren Holdings,LLC,an Indiana limited liability company By: Fred W.Heaney Title: Member MTC File No.: 1741 M(LLCWD) Page 1 of 3 DULY ENTERED FOR TAXATION ST JOSEPH CO INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER DULY ENTERED FOR TAXATION ST JOSEPH CO INDIANA SUBJECT TO FINAL ACCEPTANCE IBM217 FOR TRANSFER State of Indiana, County of Saint Joseph ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Fred W. Heaney, Member of Warren Holdings, LLC, an Indiana limited liability company who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this 6th day of March, 2018. My Commission Expires: Rem/ Signature of Notary Public u!nrrrei Printed Name of Notary Public Notary Public County and State of Residence This instrument was prepared by: Debra A. Guy,Attorney-at-Law, IN#24473-71 MI#P69602 202 S. Michigan Street, Ste. 300, South Bend, IN 46601 g-1c, t0 Property Address: Grantee's Address and Mail Tax Statements To: 228 Bronson Street South Bend, IN 46624 I(Gl r C e r 1 KA 4Z.:h 3 ) I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Debra A. Guy MTC File No.: 17-41956 (LLCWD)Page 2 of 3 1808338 LFiled in Clerk's Office MAY 08 2010 REE'FOLER ERK,SOUTH BEND, IN EXHIBIT A PARCEL I: Lots Numbered Eighty (80), Eighty-one (81), Eighty-two (82), Eighty-three (83), Eighty-four (84), Eighty- five(85)and Eighty-six(86) as shown on the recorded Plat of Taylor's Field Second Addition to the City of South Bend, St. Joseph County, Indiana, excepting that portion off the Southerly end of said Lots heretofore conveyed to the New York Central Railroad Company for right of way purposes, more particularly described as follows: Beginning at the Northeast corner of Lot Number 80; thence along the North line of Lots 80 through 86, South 89 050'26" West, a distance of 379.68 feet to a point on the North right of way line of the Penn Central Railroad; thence South 57049'00" East, along said North line a distance of 448.48 feet to a point on the East line of Lot Number 80; thence North 00 001'32" East, along said East line a distance of 239.93 feet to the point of beginning. ALSO, a part of Lots Seventy-seven (77), Seventy-eight (78), and Seventy-nine (79) as shown on the plat of Taylor's Field Second Addition to the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northwest corner of Lot Number 73; thence South 00 001'32" West, along the West line of Lots 73 through 77, a distance of 209.60 feet to the point of beginning of this description; thence South 55 021'42" East, a distance of 83.30 feet; thence South 32 031'35"West, a distance of 29.64 feet; thence North 57 049'01"West, a distance of 61.19 feet to a point on the West line of Lot Number 78; thence North 00 001'32" East, a distance of 39.18 feet to the point of beginning. PARCEL II: An easement in, upon and over a spur tract in favor and for the benefit of Lots Numbered 80 to 86, both inclusive, and referred to in Deed Record 430, page 334 and known as Spur No. 1, which easement rights in said spur tract go in and across the Southerly parts of Lots Number 78 and 79. PARCEL III: Lot Lettered"A" as shown on the recorded Plat of Monroe-Sample Replat, recorded January 31, 1990 as Document Number 9002533 in the Office of the Recorder of Saint Joseph County, Indiana. MTC File No.: 17-41956 (LLCWD)Page 3 ct 3 1&08338 JPTC Real Estate P.O. Box 600A Filed in Clerk's Office South Bend, IN 46624 574-237-0087 MAY 08 2018 Terry Lang Terry @langfeeney.com KAREEfA—A OWLER CITY CLERK,SOUTH BEND, IN First NS alley 14' in width lying W of Fellows and Carroll Streets, E of Michigan Street, bounded on the north by the S right of way of Bronson Street, bounded on the south by the N right of way of the Penn Central Railroad, running approximately 248.78' in length. lCo5 h C -0 7'54 0 4 28-07cO2 C9 9-0949 27-0703 70 -0776 18-0951 ICB-302 D Bo 2) 85 5 4, –,7—,!–, Z /25 17-0955 82.5 t T5) 7 14 G5I c rD 0955 79 44 42 l0 5/ 89 5 5D lB5 14 BRONSON--- 40 50 189.51 b 352.21 S w 0904 nl m n l e- 021 F-- Y v cn' B y n 0 3. mill`` Q V g 142.83 C N O 4126~ 142.79 f r 4e•s084902 o I 41•Y 0849.01 1$-31022 a e•' as fey