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Home My WebLink AboutAmending Chapter 2 as Tax Abatement Procedures ORDINANCE No. 8065-90 Passed by the Common Council of the City of South Bend, Indiana February 12, 90 g_ Attest: City Clerk IRENE K. GAMMON (-2) 41 (2,4,---747‘ Attest: /1 / W11--- — President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 13 , 90 IQ City Clerk IRENE K. GAMMON Approved and signed by me February 14 ig 90 o.1.4744. Mayor Substitute Bill No. 119-89 Ord. No. 'UfD- /"I D (Revised 2-8-90) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6, COMMONLY REFERRED TO AS TAX ABATEMENT PROCEDURES STATEMENT OF PURPOSE AND INTENT For the past several months the Common Council, City Administration, and members of various private organizations have been meeting to discuss tax abatement procedures. The last ordinance amending these procedures was passed in 1987. Since that time, the governing state law has been amended. The following ordinance replaces in its entirety, the current Article addressing Tax Abatement Procedures. This ordinance attempts to clarify and streamline where possible, our local procedures. Such procedures are set forth to provide a mechanism to promote and assist economic development within the City. It is believed that this ordinance is in the best interest of the City of South Bend, Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 2, Article 6 of the Municipal Code of the City of South Bend, Indiana, commonly referred to as Tax Abatement Procedures is hereby repealed. Said Chapter 2, Article 6 is hereby replaced in its entirety with the following amendatory language which shall read as follows: Article 6. Tax Abatement Procedures. Division I. , General Provisions. Sec. 2-76 Legislative Findings.1 (a) The South Bend Common Council hereby finds that there is a need to develop improved tax abatement procedures which set forth the philosophy, regulations, procedures, and general standards, which the City of South Bend, Indiana, believes are necessary to encourage economic development within the City limits. (b) The Council therefore declares that the following tax abatement procedures and general standards shall govern tax abatement requests filed for consideration with the City. (c) The following tax abatement procedures and general standards are promulgated pursuant to the "Home Rule" Powers vested in the City pursuant to I.C. , 36-1-3-1, et seq. , and the "Deduction for Rehabilitation or Redevelopment of Real Property in Urban Development Areas" statute set forth in the duty to comply with the applicable provisions set forth in this Article, as well as all state law requirements. However, those persons who petition pursuant to Section 2- 84, must only comply with the applicable state law provisions, and the requirements of Section 2-84 . 13 herein. Sec. 2-76.1 Definitions (a) As used in this Article, the terms and phrases shall have the following meanings: (1) "Available for use" shall mean publicly advertised at rates not to exceed Section 8 Rental Guidelines for the unit size. (2) "Central Business District (CBD)" shall mean the areas located within the City of South Bend as designated on the following map labeled Exhibit A-1, attached hereto and included herein, and as set forth by legal description in Exhibit A-2, which is incorporated by reference, with copies of same being kept on file in the Office of the City Clerk. (3) ',Designating body" shall mean the Common Council of the City of South Bend, Indiana. (4) "East Bank Development Area (EBDA)" shall mean the areas located within the City of South Bend as designated on the following map labeled A-3, attached hereto and included herein, and as set forth by legal description in Exhibit A-4 which is incorporated by reference, with copies of same being kept on file in the Office of the City Clerk. (5) "Economic Development Target Areas (EDTA)" shall mean the areas located within the City of South Bend which have been designated by the Economic Development Commission, as shown on the following map labeled Exhibit A-5, attached hereto and included herein, and as set forth by legal description in Exhibit A-6 which is incorporated by reference, with copies of same being kept on file in the Office of the City Clerk. A maximum of fifteen percent (15%) of the total geographic territory of the City may be designated as EDTA.2 (6) "Economic Revitalization Area (ERA)" shall mean an area which is within the corporate limits of the City which has become undesirable for, or impossible of, normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors which have impaired values or prevent a normal development of property or use of property. The term economic revitalization area (ERA) shall also include: any area where a facility or a group of facilities that are technologically, economically, or energy obsolete are located and where the obsolescence may lead to a decline in employment and tax revenues; and a residentially distressed area, except as otherwise provided in I.C. 6-1. 1-12. 1-1 et seq. (7) "Employment Training Services (ETS)" shall mean Employment Training Services of St. Joseph County or its successor agency. (8) "Hard dollar costs" shall mean expenses directly related to the proposed new construction or rehabilitation excluding costs of financing, architect, engineering, and attorney fees. (9) "Industrial Development" shall mean and include those definitions set forth in major groups 20 through 39 of the Standard Industrial Classification Manual (SIC) , published by the united States Office of Management and Budget, which manual is hereby incorporated by reference, with copies being maintained in the Office of the City Clerk. (10) "Institutional Development" shall mean the development of day care or educational facilities. (11) "Low and moderate income individuals or families" shall mean those persons who qualify under the Department of Housing and Urban Development, Section 8 income requirements. (12) "Minority" shall mean: (I) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) ; (II) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or. South American or other Spanish culture or origin, regardless of race) ; (III) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) ; (IV) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification) ; (13) "Mixed Use', shall mean any mix of two (2) or more of the following uses only: office, retail, multi- family housing, or hotel uses. (14) "Neighborhood Revitalization Area (NRAP" shall mean the areas located within the City of South Bend as designated on the following map labeled Exhibit A-7, attached hereto and included herein, and as set forth by legal description in Exhibit A-8, which is incorporated by reference with copies of same being kept on file in the Office of the City Clerk. (15) "New manufacturing equipment" shall mean tangible personal property which was: (I) installed during the period beginning January 1, 1982, and ending February 28, 1983, in an urban development area declared before March 1, 1983 ; or installed during the period beginning March 1, 1983, and ending December 31, 1991, in an area that is declared an economic revitalization area after February 28, 1983, in which a deduction for tangible personal property is allowed: (III) was acquired by its owner for use as described in subdivision II and was never before used by its owner for any purpose in Indiana. (16) ',Property,' shall mean a building or structure, but shall not include land. (17) ',Redevelopment,' shall mean the construction of new structures, in economic revitalization areas, either: (I) on unimproved real estate; or (II) on real estate upon which a prior existing structure is demolished to allow for a new construction. (18) ',Redevelopment Blighted Areal' (RBA) shall mean real property meeting the standards set forth in I.C. , 36-7-14. 1 et seq. (19) ',Rehabilitation', shall mean the remodeling, repair, or betterment of property in any manner or any enlargement of extension of property. (20) ',Residentially Distressed Areas,' (RDA) shall mean an area which is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings or multi-family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or any dwellings in the area which are not permanently occupied and are: (a) the subject of an order issued under I.C. , 36-7-9, or (b) evidencing significant building deficiencies; or are owned by a unit of local government. (21) ',Retail,' shall mean uses listed within Division G, major groups 52-59 of the Standard Industrial Classification Manual (SIC) , published by the United States Office of Management and Budget, which manual is hereby incorporated by reference, with copies being maintained in the Office of the City Clerk. (22) ',Tax Abatement Impact Area, (TAIA) shall mean the areas located within the City of South Bend as designated on the following map, labeled Exhibit A-9, attached hereto and included herein, and as set forth by legal description in Exhibit A-10 which is incorporated by reference with copies of same being kept on file in the Office of the City Clerk. (23) ',Urban Enterprise Zone (UEZ)"" shall mean the areas located within the City of South Bend as designated on the following map labeled Exhibit A-11, attached hereto and included herein, and as set forth by legal description in Exhibit A-12 which is incorporated by reference, with copies of same being kept on file in the Office of the City Clerk. (24) ',Warehouse Development, shall mean and include those definitions set forth in major groups 42, 50, and 51 of the Standard Industrial Classification Manual (SIC) , published by the United States Office of Management and Budget, which manual is hereby incorporated by reference with copies being maintained in the Office of the City Clerk. Division II. Residential Development Real Property Tax Abatement. Sec. 2-77 Multi-Family Real Property Tax Abatement. (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives of multi-family projects within the City, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards, New Construction Only: Proposed multi-family developments which incorporate new construction and are to be located in the EDTA as designated by the Economic Development Commission, may be considered for three-year real property tax abatement. (c) Six-Year General Standards: (1) New Construction: Proposed multi-family developments which incorporate new construction of not less than $1, 000,000 in hard-dollar costs, which are to be located in the EDTA, and which specify or guarantee that for the duration of the abatement at least twenty percent (20%) of the units shall be made available for use by low and moderate income individuals or families, may be considered for six-year real property tax abatement. (2) Rehabilitation: Proposed multi-family developments which incorporate rehabilitation of not less than $250, 000 in hard-dollar costs, which are to be located in the EDTA, and which specify or guarantee that for the duration of the abatement at least twenty percent (20%) of the units shall be available for use by low and moderate income individuals or families, may be considered for six- year real property tax abatement. (d) Ten-Year General Standards: (1) New Construction: Proposed multi-family developments which incorporate new construction of not less than $4,000,000 in hard-dollar costs, which are to be located in the NRA, and which specify or guarantee that for the duration of the abatement not less than twenty percent (20%) of its units shall be available for use by low and moderate income individuals or families may be considered for ten-year real property tax abatement. (2) Rehabilitation: Proposed multi-family developments which incorporate rehabilitation of not less than $500, 000 in hard-dollar costs, which are to be located in the NRA, and which specify or guarantee that for the duration of the abatement not less than twenty percent (20%) of its units available for use by low and moderate income individuals or families may be considered for ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12. 1-1 et seq. Sec. 2-77.1 Single Family Real Property Abatement. (b) New Construction: Proposed single family new construction homes which are to be located in the NRA and meet the requirements addressing residentially distressed areas set forth in I.C. 6-1. 1-12 . 1-2, may be considered for five-year real property tax abatement. Sec. 2-77.2 Reserved for Future Use. Division III. Office Development Real Property Tax Abatement. Sec. 2-78 Office Developments Within the Central Business District. (a) The Common Council believes that the following tax abatement general standards have a reasonable relationship to the development objectives of office developments within the Central Business District of the City of South Bend, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: (1) New Construction: Proposed office developments which incorporate new construction of not less than 15, 000 square feet, and which are to be located within the CBD, may be considered for three-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the CBD for office development, and which propose not less than 5,000 square feet to be rehabilitated, may be considered for three-year real property tax abatement. (c) Six-Year General Standards. (1) New Construction: Proposed office developments which incorporate new construction of not less than 30, 000 square feet, and which are to be located within the CBD, may be considered for six-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the CBD for office development, and which propose that not less than 10, 000 square feet to be rehabilitated, may be considered for six- year real property tax abatement. (d) Ten-Year General Standards: (1) New Construction: Proposed office developments which incorporate new construction of not less than 50,000 square feet, and which are to be located in the CBD, may be considered for ten-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the CBD, and which propose not less than 20,000 square feet to be rehabilitated, may be considered for ten-year real property tax abatement. Sec. 2-78.1 Office Developments Within East Bank Development Area and Tax Abatement Impact Areas. (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives of office development projects within the East Bank Development Area and the Tax Abatement Impact Areas of the City of South Bend, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: (1) New Construction: Proposed office developments which incorporate new construction of not less than 7,500 square feet, and which are to be located within the EBDA or TAIA, may be considered for a three-year real property tax abatement consideration. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the EBDA or TAIA, and which propose not less than 5,000 square feet to be rehabilitated, may be considered for three-year real property tax abatement. (c) Six-Year General Standards: (1) New Construction: Proposed office developments which incorporate new construction of not less than 20, 000 square feet, and which are to be located within the EBDA, may be considered for three-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the EBDA and which propose not less than 10, 000 square feet to be rehabilitated, may be considered for six-year real property tax abatement. (d) Ten-Year General Standards: (1) New Construction: Proposed office developments which incorporate new construction of not less than 35, 000 square feet, and which are to be located within the EBDA, may be considered for ten-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the EBDA, and which propose rehabilitation of not less than 20,000 square feet, shall be considered for a ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12 . 1-1 et seq. Sec. 2-78.2 Reserved. Division IV. Retail Development Real Property Tax Abatement. Sec. 2-79 Retail Developments in the Central Business CBD, EBDA or TAIA of the City, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: (1) New construction: Proposed retail developments which incorporate new construction which is to be located within the CBD, EBDA or TAIA, may be considered for three-year real property tax abatement. (2) Rehabilitation: Proposed retail developments which incorporate rehabilitation of existing structures located within the CBD, EBDA, or TAIA may be considered for three-year real property tax abatement. (c) Six-Year General Standards: (1) New Construction: Proposed retail developments which incorporate new construction greater than 10, 000 square feet and which are to be located within the CBD or EBDA, may be considered for six-year real property tax abatement. (2) Rehabilitation: Proposed retail developments which incorporate rehabilitation of existing structures located within the CBD or EBDA, of greater than 10, 000 square feet, may be considered for six-year real property tax abatement. (d) Ten-Year General Standards: (1) New Construction: Proposed retail developments which incorporate new construction of greater than 15, 000 square feet, and which are to be located within the CBD or EBDA, may be considered for ten-year real property tax abatement. (2) Rehabilitation: Proposed retail developments which incorporate rehabilitation of existing structures located within the CBD or EBDA, of greater than 15, 000 square feet, may be considered for ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12 .1-1 et seq. Sec. 2-79.1 Retail Developments in the Urban Enterprise Zone. (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives for retail development within the UEZ of the City, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: (1) New Construction: Proposed retail developments which incorporate new construction and are to be located within the UEZ, may be considered for three-year real property tax abatement. (2) Rehabilitation: Proposed retail developments (c) Six-Year General Standards: (1) New Construction: Proposed retail developments which incorporate new construction greater than 20, 000 square feet, and which are to be located within the UEZ, may be considered for six-year real property tax abatement. (2) Rehabilitation: Proposed retail developments which incorporate rehabilitation of existing structures greater than 20, 000 square feet, located within the UEZ, may be considered for six-year real property tax abatement. (d) Ten-Year General Standards: (1) New Construction: Proposed retail developments which incorporate new construction of 40, 000 square feet or more, and which are to be located within the UEZ, may be considered for ten-year real property tax abatement. (2) Rehabilitation: Proposed retail developments which incorporate rehabilitation of existing structures of 40,000 square feet or more, and which rehabilitation is to be done to existing structures located within the UEZ, may be considered for ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C, 6-1. 1-12. 1-1 et seq. Sec. 2-79.2 Reserved. Division V. Mixed Use Development Real Property Tax Abatement. Sec. 2-80 Mixed Use Developments in the Central Business District (CBD) . (a) The Common Council believes that the following tax abatement general standards have a reasonable relationship to the development objectives of mixed use developments within the Central Business District (CBD) of the City of South Bend, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: (1) New Construction: Proposed mixed use developments which incorporate new construction of not less than 15, 000 square feet, and which are to be located within the CBD, may be considered for three-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the CBD and which propose not less than 5,000 square feet to be rehabilitated, may be considered for six-year real property tax abatement. (c) Six-Year General Standards: (1) New Construction: Proposed mixed use developments which incorporate new construction of not less (2) Rehabilitation: Proposed rehabilitation of existing structures located within the CBD for mixed use development, and which propose that not less than 10, 000 square feet to be rehabilitated, may be considered for six- year real property tax abatement. (d) Ten-Year General Standards: (1) New Construction: Proposed mixed use developments which incorporate new construction of not less than 50, 000 square feet, and which are to be located within the CBD, may be considered for ten-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the CBD, and which propose rehabilitation of not less than 20, 000 square feet, may be considered for a ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12. 1-1 et seq. Sec. 2-80.1 Mixed Use Developments in the East Bank Development Area (EBDA) (a) The Common Council belives that the following general standards have a reasonable relationship to the development objectives of mixed use development projects within the East Bank Development Area (EBDA) of the City of South Bend, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: (1) New Construction: Proposed mixed use developments which incorporate new construction of not less than 7,500 square feet, and which are to be located within the EBDA may be considered for a three-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the EBDA and which propose not less than 5, 000 square feet to be rehabilitated, may be considered for three-year real property tax abatement. (c) Six-Year General Standards: (1) New Construction: Proposed mixed use developments which incorporate new construction of not less than 20, 000 square feet, and which are to be located within the EBDA, may be considered for three-year real property tax abatement. (2) Rehabilitation: Proposed rehabilitation of existing structures located within the EBDS and which propose not less than 10, 000 square feet to be rehabilitated, may be considered for six-year real property tax abatement. (d) Ten-Year General Standards: (2) Rehabilitation: Proposed rehabilitation of existing structures located within the EBDA, and which propose rehabilitation of not less than 20, 000 square feet, may be considered for a ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12.1-1 et seq. Sec. 2-80.2 Reserved. Division VI. Institutional Development Real Property Tax Abatement. Sec. 2-81 Institutional Development in the Central Business District (CBD) , East Bank'Development Areas (EBDA) and Urban Enterprise Zone (UEZ) . (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives for institutional development within the CBD, EBDA, and UEZ of the City, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: New Construction Only: Proposed new construction of institutional developments which are to be located within the CBD, EBDA, and UEZ may be considered for three-year real property tax abatement. (c) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12 . 1-2 et seq. Sec. 2-81.1 Reserved. • Division VII. Industrial Development Real Property Tax Abatement. Sec. 2-82 Industrial Development City-Wide General Standards. (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives for industrial development city-wide, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: New Construction: Proposed industrial developments which incorporate new construction of not less than 10,000 square feet, may be considered for three-year real property tax abatement. (c) Six-Year General Standards: • (d) Ten-Year General Standards: New Construction: Proposed industrial developments which incorporate new construction of not less than 30,000 square feet, may be considered for ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12.1-1 et seq. (f) ETS Requirement: All applicants seeking real property tax abatement consideration under this section must also comply with working with ETS as set forth in Section 2- 83.2 . Sec. 2-82.1 Industrial Development in Urban Enterprise Zone (UEZ) and Redevelopment Blighted Areas (RBA) . (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives for industrial development within the Urban Enterprise Zone (UEZ) and Redevelopment Blighted Areas (RBA) of the City, and would warrant tax abatement consideration as set forth herein. New Construction and Rehabilitation: (b) Three-Year General Standards: Proposed industrial developments which meet the SIC requirements for new construction or rehabilitation, and which are to be located within the UEZ or RBA, may be considered for three-year real property tax abatement. (c) Six-Year General Standards: Proposed industrial developments of new construction or rehabilitation of not less than 5, 000 square feet, and which are to be located within the UEZ or RBA, may be considered for six-year real property tax abatement. (d) Ten-Year General Standards: Proposed industrial developments which incorporate new construction or rehabilitation of not less than 10, 000 square feet and which are to be located within the UEZ or RBA, may be considered for ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12-1-1 et seq. (f) ETS Requirement: All applicants seeking real property tax abatement consideration under this section must also comply with working with ETS as set forth in Section 2- 83 .2. Sec. 2-82.2 Reserved. development objectives for warehouse development within the City, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: New Construction and Rehabilitation: Proposed warehouse development of new construction or rehabilitation of not less than 25, 000 square feet per project may be considered for three-year real property tax abatement. (c) Six-Year General Standards: New Construction and Rehabilitation: Proposed warehouse development of new construction or rehabilitation of not less that 50, 000 square feet per project may be considered for six-year real property tax abatement. (d) Ten-Year General Standards: New Construction: Proposed warehouse development of new construction or rehabilitation of not less than 100, 000 square feet per project shall be considered for ten- year real property tax abatement. (e) Compliance with State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1. 1-12-1-1 et seq. (f) ETS Requirement: All applicants seeking real property tax abatement consideration under this section must also comply with working with ETS as set forth in Section 2- 83 .2. Sec. 2-83.1 Warehouse Development in the Economic Development Target Areas (EDTA) and Urban Enterprise Zone (UEZ) , and Redevelopment Blighted Areas (RBA) . (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives of warehouse development projects within the EDTA, UEZ, and RBA of the City of South Bend, and would warrant tax abatement consideration as set forth herein. (b) Three-Year General Standards: New Construction and Rehabilitation: Proposed warehouse development of new construction or rehabilitation in the EDTA, UEZ, or RBA may be considered for three year real property tax abatement. (c) Six-Year General Standards: New Construction and Rehabilitation: Proposed warehouse development of new construction (d) Ten-Year General Standards: New Construction and Rehabilitation: Proposed warehouse development of new construction or rehabilitation of not less than 20,000 square feet in the EDTA, UEZ, or RBA may be considered for ten-year real property tax abatement. (e) Compliance With State Law: All applicants seeking real property tax abatement consideration under this Section must also comply with all applicable regulations set forth in I.C. , 6-1.1-12.1-1 et seq. (f) ETS Requirement: All applicants seeking real property tax abatement consideration under this section must also comply with working with ETS as set forth in Section 2- 83.2. Sec. 2-83.2 Role of ETS With Warehouse and Industrial Developments. (a) All petitioners seeking real property tax abatement for warehouse developments pursuant to Sec. 2-83 and 2-83 .1, and industrial developments pursuant to Sec. 2- 82 and Sec. 2-82. 1 must agree in writing to work with ETS at all levels for employment positions created. (b) Such agreement shall include but not be limited to development plans and recruitment of economically disadvantaged candidates. . (c) The ETS shall report to the Human Resources and Economic Development Committee of the Common Council on a quarterly basis, with the results of its efforts in this area. Sec. 2-83.3 Chart on Real Property Tax Abatement. The following is an informational summary of the general standards addressing the various types of real property tax abatement. Type of New Rehab. Sec. Abatement Location Construction Require- Years Requirements ments 2-77 Multi-Family EDTA Yes Not 3 Available 2-77 Multi-Family EDTA $1, 000, 000* $250, 000* 6 2-77 Multi-Family EDTA $4, 000,000* $500,000* 10 * Plus meeting the 20.% available for use by low and moderate income individuals standards. 2-77.1 Single-Family NRA Yes Not 5 Available 2-78 Office CBD 15, 000 sq. ' 5, 000 sq. ' 3 2-78 Office CBD 30, 000 sq. ' 10, 000 sq. ' 6 2-78 Office CBD 50,000 sq. ' 20, 000 sq. ' 10 2-78.1 Office EBDA 7,500 sq. ' 5,000 sq. ' 3 TAIA Type of New Rehab. Sec. Abatement Location Construction Require- Years Requirements ments 2-79 Retail CBD Yes Yes 3 EBDA TAIA 2-79 Retail CBD 10, 000 sq. '+ 10, 000 sq. '+ 6 EBDA 2-79 Retail CBD 15, 000 sq. ' 15, 000 sq. '+ 10 EBDA 2-79.1 Retail UEZ •Yes Yes 3 2-79.1 Retail UEZ 20, 000 sq. '+ 20, 000 sq. '+ 6 2-79.1 Retail UEZ . 40, 000 sq. '+ 40, 000 sq. '+ 10 2-80 Mixed Use CBD 15,000 sq. ' 5, 000 sq. ' 3 2-80 Mixed Use CBD 30,000 sq. ' 10, 000 sq. ' 6 2-80 Mixed Use CBD 50, 000 sq. ' 20, 000 sq. ' 10 2-80.1 Mixed Use EBDA 7,500 sq. ' 5, 000 sq. ' 3 2-80.1 Mixed Use EBDA 20,000 sq. ' 10, 000 sq. ' 6 2-80.1 Mixed Use EBDA 35,000 sq. ' 20, 000 sq. ' 10 2-81 Institutional CBD Yes Not 3 EBDA Available UEZ 2-82 Industrial City- 10, 000 sq. ' Not 3 Wide Available 2-82 Industrial City- 20,000 sq. ' Not 6 Wide Available 2-82 Industrial City- 30, 000 sq. ' Not Wide Available 10 2-82 .1 Industrial UEZ Yes Yes 3 RBA 2-82.1 Industrial UEZ 5,000 5, 000 6 RBA 2-82.1 Industrial UEZ 10,000 10, 000 10 RBA 2-83 Warehouse City- 25,000 sq. ' 25, 000 sq. ' 3 Wide 2-83 Warehouse City- 50,000 sq. ' 50, 000 sq. ' 6 Wide 2-83 Warehouse City- 100,000 sq. ' 100, 000 sq. ' 10 Wide 2-83 . 1 Warehouse EDTA Yes Yes 3 UEZ RBA 2-83 . 1 Warehouse EDTA 10,000 sq. ' 10, 000 sq. ' 6 UEZ RBA 2-83. 1 Warehouse EDTA 20,000 sq. ' 20, 000 sq. ' 10 UEZ RBA Division IX. Miscellaneous Real Property Tax Abatement Guidelines. Sec. 2-84 Council's Authority to Enlarge Real Property Tax Abatement General Standards. (a) The Common Council believes that pursuant to its Home Rule authority set forth in I.C. , 36-1-3-1, et seq. , and the authority granted to it under I.C. , 6-1. 1-12 . 1-1 et seq. , that it has the authority to declare areas within the City, economic revitalization areas (ERA) which do not meet the general standards for real property tax abatement set forth in Sections 2-77 through 2-83 .3 . (b) The Council therefore declares that individuals who desire to petition for real property tax abatement which do not meet the general standards set forth herein, may do so by filing proper petitions and forms of declaratory and confirmatory resolutions with the Office of the City Clerk. Such forms shall set forth in detail the reasons why they believe that they should be granted such abatement and declared an ERA. (c) The Council as the designating body shall review such matters on a project by project basis. (d) The Council shall make specific findings supporting its conclusion that there is or is not a rational basis for their determination. (e) Real property tax abatement granted under this Section shall be limited to the specific amount of years determined by the Council to be appropriate under the circumstances. Sec. 2-84.1 Reserved. Division X. Personal Property Tax Abatement. Sec. 2-84.2 Tangible Personal Property Tax Abatement. (a) The Common Council believes that the following general standards have a reasonable relationship to the development objectives of promoting the installation of new manufacturing equipment in urban development areas within the City of South Bend, and would warrant tax abatement consideration as set forth herein. (b) Five-Year General Standards: (1) An applicant seeking personal property tax abatement must comply with all of the provisions of I.C. , 6- 1.1-12. 1-4.5, and the provisions of Divisions XI and XII that are applicable. (2) Applicants complying with such provisions may be considered for five-year personal property tax abatement. (c) Applicants seeking personal property tax abatement must verify that the new manufacturing equipment will be used in conjunction with uses within major groups 20 through 39 or 42 of the Standard Industrial Classification Manual, published by the United States Office of Management and Budget. Division XI. Information Required of Applicants Seeking Tax Abatement. Sec. 2-84.7 Designation Application Required. (a) Owners Must File. Owners of real property or new manufacturing equipment located within the City may petition the Common Council on forms provided by the City Clerk for real or personal property tax abatement consideration. All information and attachments required by the Designation Application must be completed and filed with the City Clerk together with a filing fee of two hundred fifty dollars ($250.00) to cover processing and administrative costs. However, the filing fee charged for filing a Designation Application for a parcel that contains one (1) or more owner occupied, single-family dwellings may not exceed the cost of publishing the required notice. (b) Petition Information: Property owners petitioning for tax abatement shall provide the following information on the petition to enable the Council to consider their request: (1) The name(s) and address(es) of the real property owner(s) (and personal property owner(s) , in the case of the request for personal property tax abatement) , and any other person(s) leasing, intending to lease, or having an option to purchase such property, and a brief description of the business. (2) If the business organization is publicly held, the name of the corporate parent and the name under which the corporation is filed with the Securities Exchange Commission. (3) The legal description and commonly known address of the real property for which real property tax abatement is being petitioned; or the legal description and commonly known address of the facility at which the new manufacturing equipment for which tangible personal property tax abatement is being petitioned will be located. (4) A map and/or plat describing the area where tax abatement is being requested. (5) The current assessed valuation of the real property improvement before rehabilitation, redevelopment, economic revitalization, or improvement; or the current assessed valuation of the tangible personal property to be replaced by new manufacturing equipment. (6) Photographs of the location taken within two (2) weeks of the filing of the petition. (7) The real and personal property taxes paid at the location during the previous five (5) years, whether paid by the current owner or a previous owner. (8) The commitment made within the past five (5) years to hiring minority individuals including number of minorities employed during each of the past five (5) years, specifying whether full-time or part-time and whether permanent or temporary employees. The petitioner shall also (9) An estimate of the after-rehabilitation market value of the real property or an estimate of the market value of the new manufacturing equipment after installation. (10) The commitment to minority employment during the first five (5) years of tax abatement. (11) A description of the proposed project (whether rehabilitation, new construction, or installation of new manufacturing equipment) , including information about physical improvements to be made or the new manufacturing equipment to be installed, an estimate of the cost of the project, the amount of land to be used, the proposed use of the improvements, and a general statement as to the value of the project to the business. (12) An estimate of the number of new permanent jobs to be created by the project within one (1) year, a statement of the current 'number of permanent and part-time jobs at the location and the impact on those current jobs to be caused by the project, and the projected annual salaries for each such position to be created. (13) Verification that no building permit has been issued for construction on the property for the improvement proposed or verification that the new manufacturing equipment has not been installed. (14) The Standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description. (15) The Internal Revenue Service Code of principal business activity by which the proposed project would be classified, by number and description. (16) A description of on-site child care or day care facilities, services, or benefits currently offered or proposed to be offered by the petitioner for children of employees. • (17) Other anticipated public financing for the project, including, if any, industrial revenue bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Section 503, financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. (18) For real property tax abatement, a description of how the property in question has become undesirable for or impossible of normal development and occupancy because of lack of development, cessation of growth, deterioration of improvements, or character of occupancy, age, obsolescence, substandard buildings or other factors which have impaired values and prevent a normal development of the property or property use. (19) For personal property tax abatement, a description of why the facility or group of facilities to be replaced are technologically, economically or energy obsolete. whereby the obsolescence may lead to a decline in (20) The name, address and telephone number of the person to contact regarding notice of Council meetings and public hearings concerning the petition. (21) The name, address and telephone number of the person who will work with ETS for employee recruitment. Sec. 2-84.8 Statement of Benefits, Declaratory and Confirmatory Resolutions Required. (a) In addition to the completed petition, filing fee, and related documents required by Section 2-84.7, the owners of real property or new manufacturing equipment must file a completed Statement of Benefits form at the time of filing the petition. (b) Proposed forms of Declaratory and Confirmatory Resolutions are also required of the owner at time of filing said petition. (c) Petitioners must agree to work with the Department of Economic Development in providing it with any additional information required for their review. Petitioners must further agree that they will comply with the requirements of the Redevelopment Design Review Committee where applicable, and provide information to the ETS, Minority Affairs Council, and Human Resources and Economic Development Committee. (d) The provisions of I.C. , 6-1.1-12 . 1-3 shall be followed by the designating body when reviewing such documents required by this Section. Sec. 2-84.9 Advisory Review by the Department of Economic Development. (a) Upon the filing of a completed tax abatement petition, including all attachments, filing fee, Statement of Benefits Form, and the Declaratory and Confirmatory Resolutions by the owner, the City Clerk shall refer said documents to the Department of Economic Development for an advisory review. Said review shall be for informational purposes only, and shall not be binding on the designating body. (b) The Department of Economic Development shall review the Petition, Statement of Benefits, and all attachments thereto. It shall also have the authority to request additional information from the petitioner which are relevant to the Petition and Statement of Benefits. (c) Within fifteen (15) days from the receipt of said documents from the Office of the City Clerk, the Department of Economic Development shall prepare a written report setting forth a review of its advisory findings. Said report shall be sent to the Council's Human Resources and Economic Development Committee, to the Mayor's Minority Affairs Council, to the City Clerk, and to the Petitioner. (d) Said report shall address but not be limited to addressing the following: (1) Whether all required information has been submitted by the petitioner. In the event that additional (2) Whether the information contained in the Petition and Statement of Benefits indicates that the requirements of this Article are met by the project as described in the petition. (3) Whether zoning requirements have been met, according to the Department of Code Enforcement. A copy of the Department of Code Enforcement's report shall be attached to the report. (4) Whether the project is located in a tax allocation area, as defined in I.C. , 36-7-14-39, and if so, whether the South Bend Redevelopment Commission has adopted a resolution approving that application. A copy of such a resolution if required shall be attached to the report. (5) If additional terms of tax abatement have been proposed a copy of the proposed agreement shall be attached to the report. (6) Whether in the Department of Economic Development's opinion, a deduction should be allowed based on the following: (I) Whether the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of that nature. (II) Whether the estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation. (III) Whether the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation. (IV) Whether any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. (e) The Department's report shall also attach to it a copy of the Petition and Statement of Benefits form and all attachments thereto. Sec. 2-84.10 Review and Recommendation by the Council's Human Resources and Economic Development Committee. (a) The Human Resources and Economic Development Committee shall examine, review and conduct a public committee meeting concerning the petition and Statement of Benefits, and Declaratory Resolution. Such meeting shall not be scheduled until the advisory report from the Department of Economic Development has been received by the Clerk, Committee, Minority Affairs Council, and Petitioner. (b) The Petitioner and/or its representatives shall be required to attend all such committee meetings where such information is to be reviewed. The Petitioner shall present (c) At the committee meeting, the Committee shall specifically consider, among other information provided by the petition, the commitment made to minority employment by the petitioner during the past five (5) years and during the first five (5) years of tax abatement. (d) Following questioning and review, the Committee shall take action on the request and shall submit its recommendation to the Common Council as to whether the property qualifies as an economic revitalization area under the terms of this Article and I.C. , 6-1. 1-12. 1-1, et seq. Sec. 2-84.11 Common Council's Review of Declaratory Resolution. (a) The Common Council shall hold a public hearing on the Petitioner's Declaratory Resolution pursuant to I.C. , 6- 1.1-12 . 1-2.5. (b) The Petitioner and/or its representative shall present evidence to the Council as to why it believes it qualifies for the requested abatement. (c) If it finds that the property qualifies as an economic revitalization area under the terms of this Article and I.C. , 6-1. 1-12. 1-1(1) , the Common Council may adopt a resolution declaring the property as an economic revitalization area for purposes of tax abatement. Said Resolution shall specify .whether the abatement is for real property tax deduction or for personal property tax deduction, the length of time during which the area shall be so designated, and the general boundaries of the area by describing its location in relation to public ways. If the abatement is for real property taxes, the Council shall specify whether the abatement is for three (3) , six (6) , or ten (10) years. If the tax abatement is for residentially distressed areas, specific findings as required by I.C. , 6- 1.1-12.1-3 and I.C. , 6-1. 1-12 . 1-4. 1 shall be made. Upon the adoption of the declaratory resolution, the City Clerk shall file the resolution with the County Assessor, together with supporting data required by I.C. , 6-1. 1-12.1-2 .5. (d) If the area is located within an allocation area as defined in I.C. , 36-7-14-39, as declared by the South Bend Redevelopment Commission, the Council shall not adopt a declaratory resolution declaring an area to be an economic revitalization area for purposes of either real property tax deduction or personal property tax deduction if the Commission has not adopted a resolution approving the petition. (e) Upon adoption of the declaratory resolution, the City Clerk shall cause notice of the adoption to be published pursuant to I.C. , 5-3-1, and shall include in the notice information about the adoption of the declaratory resolution, the substance of the resolution, that a description of the affected area is available and can be inspected in the County Assessor's Office, the date when the Common Council will receive and hear all remonstrances and objections from interested persons; and any other information required by I.C. , 6-1.1-12. 1-2 .5. Sec. 2-84.12 Confirmatory Resolution. (a) Following the legal publication and on the date tax abatement requested should be granted. At which time the Council shall receive and hear all remonstrances and objections from interested persons pertaining to the petition. At the public hearing, the Council shall determine whether the petition complies with this Article and with I.C. , 6-1.1-12 . 1, et seq. , and shall consider all pertinent requirements for economic revitalization areas prior to taking final action determining whether the petition meets qualifications for an economic revitalization area and confirming, modifying and confirming, or rescinding the declaratory resolution. The determination of Council is final except that an appeal may be taken and heard as provided by I.C. , 6-1. 1-12. 1-2.5 (d) and (e) . (b) The Common Council must make a determination as to whether the deductions shall be allowed and made specific findings pursuant to I.C. , 6-1. 1-12. 1-3 . The Council must further comply with I.C. , 6-1. 1-12 .1-4.5 and make specific finding thereto when considering personal property tax abatement requests. (c) In declaring an area an economic revitalization area, (ERA) , the designating body may: (1) limit the time period to a certain number of calendar years during which the area shall be so designated; (2) limit the type of deductions that will be allowed within the economic revitalization area to either the deduction allowed under I.C. , 6-1.1-12.1-3, or the deduction allowed under I.C. , 6-1. 1-12. 1-4.5; (3) limit the dollar amount of the deduction that will be allowed with respect to new manufacturing equipment if a deduction had not been filed before July 1, 1987, for that equipment; (4) limit the dollar amount of the deduction that will be allowed with respect to redevelopment and rehabilitation occurring in areas that are designated as economic revitalization areas on or after September 1, 1988; or (5) impose reasonable conditions related to the purpose of state law or to the general standards adopted herein for allowing the deduction for the redevelopment or rehabilitation of the property or the installation of the new manufacturing equipment. To exercise one (1) or more of the above described powers, the Common Council must include this fact in the Resolutions adopted. • Sec. 2-84.13 Annual Review of Petitions by the Council. (a) All property owners who receive approval of their real and/or personal property tax abatement requests as a result of the Common Council's action under this Article, shall be required to appear before the Human Resources and Economic Development Committee. Such appearances shall take place at a committee meeting following the Petitioner's filing of the first Certified Declaration Application with the County Auditor, required•. by the State Board of Tax Commissioners pursuant to I.C. , 6-1. 1-12 . 1-5. (bl Additionally the petitioner shall file with said • Report within thirty (30) days from receipt with such date being calculated from the returned receipt mail card date. (c) Said Annual Report shall include but not be limited to the following information: (1) The name and address of the person(s) filing the report. (2) The amount of real and/or personal property taxes paid for the property during the year before the property was declared as an economic revitalization area and during the most recent tax year. (3) The current number of part-time and full- time jobs, specifying whether permanent or temporary, and the number of such jobs as of the end of the year immediately prior to receiving tax abatement. (4) The names of local and/or minority contractors used during the renovation of the real property and/or installation of new manufacturing equipment for which tax abatement was received. (5) The number of minorities hired for full-time and part-time jobs, specifying whether such jobs are permanent or temporary, since the completion of the project for which tax abatement was given. (d) In addition to the Human Resources and Economic Development Committee being present at said committee meeting to review the Petitioner's progress, members of the Mayor's Minority Affairs Council, the Employment Training Services, and members of the Department of Economic Development shall be in attendance to question the Petitioner. (e) The Committee shall review the material presented by the Petitioner in comparison to the information published by the County Auditor as required by I.C. , 6-1.1-12 . 1-8. (f) The Committee shall specifically advise each property owner in writing as to whether subsequent appearances before the Committee shall be necessary. If such additional appearances are not required, the property owner shall be duly advised that their future Annual Reports may be mailed. Failure to mail such completed reports shall result in a two thousand five hundred dollar ($2,500. 00) fine for each such failure to comply. Sec. 2-84.14 Failure of Petitioner To Comply May Result in Fines Being Imposed by the City. (a) The City of South Bend believes that the granting of a request for real and/or personal property tax abatement under the terms and conditions of this Article results in a contractual arrangement between the City and the property owner granted abatement. (b) Accordingly, if the Petitioner fails to achieve the estimates set forth in its original Petition for Tax Abatement Consideration and its Statement of Benefits, fines may be imposed by the City relative to the severity of the failure to achieve. (d) Petitioners who comply with Section 2-84. 13, but fail to provide evidence as to why they have not achieved the estimates set forth in their documents used by the Council when granting the abatement, may be fined in the minimum amount of two hundred and fifty dollars ($250. 00) to a maximum amount of two thousand five hundred dollars ($2,500.00) for each such failure to perform. Sec. 2-84.15 Annual Summary To Be Prepared by the Department of Economic Development. (a) On or before March 31st of each year, the Department of Economic Development shall file an annual report with the City Clerk and Common Council summarizing all tax abatement activity for the past calendar year. Said report shall include but not be limited to the following information: the number of tax abatement petitions filed, number and type of abatement granted, names and addresses of all petitioners who failed to comply with Section 2-84. 13, and other relevant information. Said report shall include a copy of the County Auditor's information published by the Auditor as required by I.C. 6-1.1-12 . 1-8. (b) Said report shall be used as one of the items of evidence when imposing fines against the Petitioners who fail to comply. Sec. 2-84.16 Review of Tax Abatement Procedures by the Common Council. (a) In calendar years ending with an even number, the Common Council shall be required to review its tax abatement procedures set forth in this Article. (b) Said review shall be conducted by the Human Resources and Economic Development Committee with a report of its findings being presented to the full Council on or before October 1st of such years. (c) Nothing in this Section prohibits a more frequent review of such procedures. Sec. 2-84.17 Severability of Article. (a) The terms and conditions set forth in this Article are determined to be in the best interests of the City of South Bend in the tax abatement area. (b) All procedures are believed to be consistent with Home Rule and I.C. 6-1. 1-12 .1-1 et seq. (c) If however any provisions in said Article are found to be inconsistent by a competent Court of law, the remaining provisions herein shall remain in full force and effect. SECTION II. 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N _,•.,,',/,--,,,.-,,. • , - ,;..,--- ;•- .4. • 7-41, , . ,, ----, .- ,, :! ,, PI ;,v li it i.:1, ..__;. __ •,- • ,..,, ,_:•..,• _______4---rii-. --:-----••- s . - ,______.•--•-•_- -. - ---'.....---'.•=--.i------1-.1" - •=-=---,-- -•-•-',..,:,,-=-I'.. :,7.: e•I u‘"._ i--- -•' '' •"''- . • 11-if---1,11-"'irlf- ---1,---• -- -,.. ,,,h. , • • . . • . ■ • • 1 i Y . �• E'HIBIT A-2 CENTRAL BUSINESS DISTRICT Beginning at the intersection of the south right-of-,way line of Monroe Street and the west right-of-way line of Main Street; thence North along said west right-of-way line to the south right-of-way line of Wayne Street; thence west along said south right-of-way line to its intersection with the projected centerline of the first fourteen-foot alley west of Lafayette Boulevard; thence north along said centerline of the said alley and its projection, also }mown as St. James Court, to its intersection with the north right-of-way line of LaSalle Street; thence east along said north right-of-way line to its intersection with the west right-of-way line of Michigan Street; thence south along said west right-of-way line to its intersection with the south right-of-way line of Colfax Avenue; thence Past along said south right-of-way line to its intersection with the west right-of-way line of St. Joseph Street; thence south and southwesterly along said west right-of-way line to its intersection with the south right-of-way line of Monroe Street; thence west along said south right-of-way line to the point of beginning. 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' - - ;.‘&--;'L"-'---'-'..;;•••••-if.., -1r-'I ••■ • '- 17:2fe--Ylt,;.7-Iik^n ii--:I-vil--1""it „ .; ., . , • • . • • EXHIBIT A-4 EAST BANK DEVELOPMENT AREA Beginning at the intersection of the South right-of-way line of Jefferson Boulevard and the East right-of-way line of Hill Street; thence West along said South right-of-way line to the projected centerline of the St. Joseph River; thence meandering Northwesterly, Northeasterly and North along said centerline to the westerly projection of the South right-of-way of Corby Street; thence Past along said projection and the South right-of-way line of said Corby Street to the centerline of the first fourteen foot alley lying West of Hill Street; thence South along said centerline to the North right-of-way line of Crescent Avenue; thence Southeasterly to the point of intersection of the South right-of-way line of said Crescent Avenue with the centerline of the first fourteen foot alley lying West of said Hill Street; thence Southeasterly, Southwesterly and South along the centerline of said alley to the centerline of the first fourteen foot alley lying North of Cedar Street; thence East along said centerline to the centerline of the first fourteen foot alley lying east of Hill Street; thence South along said centerline to the South right-of- ,ray line of Jefferson Boulevard; thence West along said right-of-way line back to the point of beginning. • IAK:ml/lgldescr ss ' II k ' p /` i t"• ` •mot. 11 F3"---klf € !1 _ ,,...1 I l'ii \ .. 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DaIIBIT A-6 EODNO IIC DEVELOPMENT TARGET AREAS (a) The area commonly known as the South Bend Central Development Area, a parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Beginning at the point of intersection of the south right-of-way line of Sample Street with the west right-of-way line of Michigan Street; thence north along said west right-of-way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right-of•way; thence northwesterly along said northerly railroad right-of-way line to its intersection with the southerly projection of the west right-of-way line of Taylor Street; thence north along said west right-of-way line to its intersection with the westerly projection of the north right-of-way line of Monroe Street; thence east along said projection and the north right-of-way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14-foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14-foot alley to the south right-of-way line of Washington Street; thence west along said south right-of-way line to the east right-of-way line of William Street; thence north along said east right-of-way line to the north right-of-moray line of Colfax Avenue; thence east along said north right-of-way line to the centerline of the first 14-foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right-of- way line of LaSalle Street; thence east along said north right-of-way line to the west right-of- way line of Michigan Street; thence north along said west right-of-way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Tt1n, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right-of-way line of Corby Street; thence east along said projection and the south right-of-way line of said Corby Street to the centerline of the first 14-foot alley lying west of Hill Street; thence south along said centerline to the north right-of-way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right-of-way line of said Crescent Avenue with the centerline of the first 14-foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14-foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14-foot alley lying east of Hill Street; thence south along said centerline to the south right-of-way line of Jefferson Boulevard; thence west along said south right-of-way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right-of-way line of Monroe Street; thence southwesterly along said projection and the southerly right-of-way line of Monroe Street to the easterly right-of-way line of Lincolnway East (U.S. Highway No. 33) ; thence southeasterly along said easterly right-of-way line to the south right-of-way line of Sample Street; thence west along said south right-of-way line to the place of beginning. (b) , (c) . Reserved. { S • • (d) The area commonly known as 2920 W. Sample Street. (e) The Area commonly known as 328 North Michigan Street, more particularly described as follows: Lot Numbered One Hundred Thirteen (113) , as shown on the recorded Original Plat of the Town, now City of South Bend, in St. Joseph County, Indiana, excepting therefrom a tract of land one (1) inch in width, north and south, taken off of and tnxu the entire length of the south side thereof. Also, Lot Numbered One Hundred Fourteen (114) , and a lot or parcel of land 10 (10) feet in width, north and south, taken off of and fran the entire length of the south side of Lot Numbered One Hundred Fifteen (115) , as shown on the recorded Original Plat of the Town, now City of South Bend, in St. Joseph County, Indiana. (f) Two parcels of land being parts of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Beginning at the intersection of the southeasterly right-of-moray line of the Chicago, Indiana, and Southern Railroad and the first alley north of Lincolnway West, extended, in said city; thence southeasterly, south and Past along said alley, including Lot 11 of the Augustine Addition, to its intersection with the centerline of Blaine Avenue; thence south along said centerline to its intersection with the centerline of Lindsey Avenue; thence east along said centerline to its intersection with the centerline of Allen Street; thence south along said centerline to its intersection with the first alley north of Lincolnway West; thence south and east along said alley to its intersection with the centerline of Cushing Street; thence south along said centerline to its intersection with the south boundary of Jas. Kent's Subdivision of Bank Out Lot 114 and part of 113; thence northeasterly along said boundary and continuing along the south boundary of Burrough's Subdivision of Out Lot 115 to its intersection with the first alley west of Portage Avenue; thence northwesterly along said alley, extended, including Lot 1,2,3,8,9, and 10 of the St. Joseph County Agricultural Society Addition, Lots 24, 23, 22, 16, and 15 of the Studebaker Brothers Subdivision, Lot 129 of Cushing and Lindsey's Addition Lot 1 of the Muessel First Addition, Lots 151 and 152 of the Muessel Third Addition, and Lots 406, 407, 408, 409, 410, 411, 398, 397, 372, 373, and 374 of Vassar Park, and excluding Lots 36, 37, and 38 of the Muessel First Addition, to its intersection with the northwesterly right-of-way line of the Chicago, Indiana, and Southern Railroad; thence southwesterly along said right-of-way line to its intersection with the west boundary of a tract of land conveyed to Charles D. Derr by a deed recorded in Deed Record NuMber 8312224 in the office of the Recorder of St. Joseph County, Indiana; thence north and west along said boundary, extended, to its intersection with the first alley north of Elwood Avenue, extended; thence East along said alley, extended, to its intersection with the first alley east of Portage Avenue; thence south and southeasterly along said alley, extended, including a tract of land conveyed to Charles B. and Elinor K. Burkhart by a deed recorded in Deed Record 647 Pg. 392 in the office of the Recorder of St. Joseph County, Indiana, a tract of land conveyed to Laurence D. and Dorothy L. Jones by a deed recorded in Deed Record NuMber 8015987 in the office of the Recorder of St. Joseph County, Lot 143 of Portage Park Lot 18 of the Chapin Place First Plat, and Lots 3 and 2 of the C. Ja - Fassnacht Addition, to its intersection with the south boundary of Burrough's Subdivision of Out Lot 115; thence northeasterly along said boundary and continuing east along the first alley north of Marion Street to its intersection with the centerline of St. Joseph Street; thence south along said centerline to its intersection with the centerline of Marion Street; thence east along said centerline, extended, to its intersection with the centerline of the St. Joseph River; thence northerly along said centerline of the St. Joseph River; thence northerly along said centerline to its intersection with the first alley south of Corby Street, extended; thence east along said alley to its intersection with the first alley west of Hill Street; thence south along said alley, extended, to its intersection with the first alley south of Kalorama Street; thence east along said alley to its intersection with the first alley east of Hill Street; thence south along said alley to its intersection with the centerline of Jefferson Boulevard; thence west along said centerline to its intersection with the centerline of the St. Joseph River; thence southeasterly along said centerline to its intersection with the first alley, east of Miami Street, extended; thence southerly along said alley, extended, including Lots 26, 25, 24, 23, 22, and 21 of Jacob Leer's survey, to its intersection with the centerline of Oak Park Court; thence west along said centerline to its intersection with the centerline of Miami Street; thence south along said centerline to its intersection with the centerline of Dubail Avenue; thence west along said centerline to its intersection with the first alley west of Miami Street; thence north along said alley to its intersection with the centerline of Pennsylvania Avenue; thence east along said centerline to its intersection with the centerline of Miami Street; thence north along said centerline to its intersection with the centerline of Brook Street; thence northwesterly along said centerline to its intersection with the west boundary of Wenger and Kreighbaum's Vistula Avenue Addition; thence north and northwesterly along said boundary to its intersection with the northwesterly right-of--way line of the Grand Trunk Western Railroad; thence west and northwesterly along said right-of-vay line to its intersection with the first alley south of Sample Street; thence west along said alley, extended, to its intersection with the centerline of Carroll Street; thence south along said centerline to its intersection with the centerline of Ohio Street; thence west along said centerline to its intersection with the first alley east of Michigan Street; thence south along said alley, extended, including Lots G and H of Elder Place, to its intersection with the centerline of Ewing Avenue; thence west along said centerline to its intersection with the east right-of-way line of the Pennsylvania Railroad; thence north along said right-of- ,ray line to its intersection with the first alley south of Indiana Avenue, extended; thence west along said alley, extended, including Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 of Creed's Second Addition, Lots 55, 56, and 57 of Stull's Fourth Addition, and Lot A of Raff's Fourth Addition, to its intersection with the centerline of Catalpa Avenue; thence south along said centerline to its intersection with the centerline of Dubail Avenue; thence west along said centerline to its intersection with the first alley west of Prairie Avenue, extended; thence north and northeasterly along said alley, extended, including Lots A and B of the Basil Rupel Addition, and continuing north along the centerline of McPherson Street, extended, to its intersection with the centerline of Garst Street, extended; thence east along said centerline, extended, to its intersection with the centerline of Chapin Street; thence north along said centerline to its intersection with the centerline of Prairie Avenue; thence east and northeasterly along said centerline to its intersection with the centerline of South Street; thence east along said centerline to its intersection with the first alley west of William Street; thence north along said alley, extended, including the eastern half of State Bank Out Lots 24, 22, and 15 and Lot 4 of William Miller's Subdivision of Bank Out Lots 8 and 9, to its intersection with the first alley southwest of Lincolnway West, extended; thence Northwesterly along said alley, extended, including Lots 6, 4, 2, and 1 of the Horatio Chapin Subdivision of Bank Out Lots 1 and 2, Lots 14, 13, 12, and 11 of the Rebecca Studebaker Subdivision, Lots 1 and 14 of the G. Rush Subdivision, Lots 1 and 11 of Heintzman's Addition, the Colfax School, Lot 46 of the Pleasant Home Addition, and Lots 4, 3, 2, 1, and 7 of the Meass Addition, to its intersection with the centerline of Rupel Street; thence west along said centerline to its intersection with the southeasterly right-of-way line of the Chicago, Indiana, and Southern Railroad; thence northeasterly along said right-of-way line to its intersection with the first alley north of Lincolnway West, extended, which is the point of beginning. And, Beginning at the intersection of the centerline of Sheridan Street and the first alley north of Western Avenue, extended, in said city; thence east along said alley, extended, to its intersection with the first alley east of Meade Street; thence north along said alley to its intersection with the first alley north of Washington Street, extended; thence east along said alley, extended, including Lots 2, 3, 4, 5, and 6 of Kaley's Second Subdivision and Lots 112, 113, 122, 123, 124, 132, 133, and 134 of Oak Grove's First Addition, to its intersection with the centerline of O'Brien Street; thence south along said centerline to its intersection with the centerline of Washington Avenue; thence east along said centerline to its intersection with the centerline of Brookfield Street; thence north along said centerline to its intersection with the centerline of Colfax Avenue; thence east along said centerline, extended, to its intersection with the centerline of Adams Street; thence south along said centerline to its intersection with the centerline of Liston Street; thence east along said centerline to its intersection with the first alley east of Circle Avenue; thence south along said alley to its intersection with the first alley north of Washington Avenue; thence east along said alley to its intersection with the centerline of Birdsell Avenue; thence north along said centerline to its intersection with the first alley north of Colfax Avenue; thence east along said alley to its intersection with the centerline of Studebaker Street; thence north along said centerline to its intersection with the centerline of Hine Street; thence east along said centerline and continuing along the first alley north of Colfax Avenue to its intersection with the centerline of LaSalle Avenue; thence northeasterly along said centerline to its intersection with the first alley north of Colfax Avenue; thence east and northeasterly along said alley to its intersection with the centerline of LaPorte Avenue; thence southeasterly along said centerline to its intersection with the centerline of Laurel Street, extended; thence south along said centerline, extended, to its intersection with the first alley south of Washington Avenue; thence west along said alley to its intersection with the centerline of Cherry Street; thence south along said centerline, extended, to its intersection with the northeasterly right-of- way line of the New York Central Railroad; thence southeasterly along said right-of-way line to its intersection with the centerline of Walnut Street; thence north along said centerline to its intersection with the first alley north of Western Avenue; thence east along said alley to its intersection with the first fourteen (14) foot alley west of Laurel Street; thence north along said alley, extended, to its intersection with the centerline of Jefferson Boulevard; thence east along said centerline to its intersection with the centerline of Laurel Street; thence north along said centerline to its intersection with the line 159.72 feet north of and parallel to the north right-of-way line of Jefferson Boulevard; thence east along said line to its intersection with the centerline of Scott Street; thence south along said centerline to its intersection with the centerline of Western Avenue; thence west along said centerline to its intersection with the centerline of Chapin Street; thence south along said centerline to its intersection with the first alley south of Western Avenue; thence west along said alley, extended, including a tract of land conveyed to Michiana Marlin Swim Club, Inc. by a deed recorded on Deed Record number 8400928 in the office of the Recorder of St. Joseph County, Indiana, and the Benjamin Harrison School, to its intersection with the centerline of Sheridan Street; thence north along said centerline to its intersection with the first alley north of Western Avenue, extended, which is the point of beginning. (g) The area commonly known as 2211 East Jefferson Blvd. , South Bend, Indiana 46615, more particularly described as follows: TRACT A. A tract of land 500 feet in width north and south taken off of and from the entire south end of Lots Numbered 11, 12, 13, and 14, all as shown on the recorded Plat of Jefferson Heights Addition to the City of South Bend, reserving an easement on and over the east 50 feet of the north 81 feet of the above tract of land for purposes of ingress and egress to and fiviu Lots 11, 12, 13, and 14 all as shown on the recorded Plat of Jefferson Heights Addition to the City of South Bend. TRACT B. Lots Numbered 11, 12, 13 and 14 as shown on the recorded Plat of Jefferson Heights Addition to the City of South Bend, excepting therefrom a tract of land 500 feet in width north and south taken off of and from the entire south end thereof; together with an easement for purposes of ingress to and egress from the foregoing tract from and onto Marshall Street, on and over the east 50 feet of the north 81 feet of the south 500 feet of Lot 14 as shown on the recorded Plat of Jefferson Heights Addition to the City of South Bend. (Ord. No. 7267-83; Ord. No. 7500-85; § 2; Ord. No. 7506-85, § 4; Ord. No. 7577-85, § 3; Ord. No. 7598-86, § 3; Ord. No. 7611-86, § 4) LAK:m3./lgldescr .. . . , / / 5,i iti iii ii;g ii I: ii ii II it 0; li It -r"r. I. d Li, =:_J LJLJ 7-.. 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DI - N ,, / - _ t. 1[ •-1=91 ;11.__JI___::.1 - - , . ..\.,c,:y,-. , lt .HL 4: iiio7r t 3� ,,i I E.:, ICy r IL_I e.�l't„ ,. ` � —J .a.ssq ii�f —� L--� 11,,. Ir" i �I ii if, +�., 7-;I-" I r i . c�r� ,.� rte[-!r- k----- ;y r1=-11_--` 7 r, ,,�rill I ] i - . P\ ill yl t`. ` �- P 1 - 1-1 �O. ,_ , 1..,:ref_7 , I %iv' J r� jar , ;,.1•,, I'� ti-1i" r.-. n �I s' Ij gj j�a� '; �✓RLMi -L —11-1(—ilit 1i •1�=—i--- -• dl ;�io:'�I 4i:.r._af�0_ N , 1 • EXHIBIT A-8 NEIGHBORHOOD REVITALIZATION AREA Beginning at the point of intersection of the centerline of Olive Street and the centerline of Ewing Street; thence North along the Olive Street centerline to its intersection with the centerline of Sample Street; thence West along the said centerline to its intersection with the centerline of Liberty Street; thence North along said centerline to its intersection with the centerline of State Route 2, also known as Western Avenue; thence East along said centerline to its intersection with the centerline of Olive Street; thence North along said centerline to its intersection with the centerline of Lincoinway West; thence Southeast along said centerline to its intersection with the North right-of-way of the Penn Central. Railroad; thence Northeast and East along said North right-of-way to its intersection with the centerline of the St. Joseph River; thence South and Southeasterly along said centerline to its intersection with the centerline of Corby Street extended; thence East along said centerline extended to its intersection with the West right-of-way line of Niles Avenue; thence Northwesterly along said West right-of-way line to its intersection with the centerline of St. Vincent Street; thence East along said centerline to its intersection with the centerline of Eddy Street; thence North along said centerline to the North right-of-way line of Napoleon Street extended; thence East along said North right-of-way extended to its projected intersection with the centerline of South Bend Avenue; thence Northeasterly along said centerline to its intersection with the centerline of Twyckenbam Drive; thence South along said centerline to the centerline of the first 14 foot alley North of Madison Street; thence West along said 14 foot alley to the centerline of Jacob Street; thence South along said centerline to the centerline of the first 14 foot East-test alley South of Madison Street; thence West along said alley to the centerline of Sunnyside Avenue; thence South along said centerline to the centerline of McKinley Avenue; thence West along said centerline to the centerline of Eddy Street; thence South along said centerline and its projection to its intersection with the centerline of the St. Joseph River; thence Southeasterly along said centerline to its intersection with the centerline of Twyckenham Drive; thence South along said centerline to the centerline of Ewing Street; thence West along said centerline of Ewing Street to the centerline of Olive Street, which is the point of beginning. 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'-7=-7---_:!•_-.7.7_7.•-:-q.'.-..!7-_-_ • _- • . . • . . . . . , . . .. • , • . • . , • • . . . • • . . • • EXHIBIT A-10 TAX ABATEMENT IMPACT AREAS (a) The area commonly known as the South Bend Central Development Area, a parcel of land being apart of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Beginning at the point of intersection of the south right-of-way line of Sample Street with the west right-of-way line of Michigan Street; thence north along said west right-of--way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right-of-ray; thence northwesterly along said northerly railroad right-of-way line to its intersection with the southerly projection of the west right-of-way line of Taylor Street; thence north along said west right-of-way line to its intersection with the westerly projection of the north right-of-way line of Monroe Street; thence east along said projection and the north right-of-way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14-foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14-foot alley to the south right-of-way line of Washington Street; thence west along said south right-of-moray line to the east right-of-way line of William Street; thence north along said east right-of-way line to the north right-of-way line of Colfax Avenue; thence east along said north right-of-way line to the centerline of the first 14-foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right-of-way line of LaSalle Street; thence east along said north right-ofway line to the west right-of-,way line of Michigan Street; thence north along said west right-of-way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right-ofway line of Corby Street; thence east along said projection and the south right-of-way line of said Corby Street to the centerline of the first 14-foot alley lying west of Hill Ttreet; thence south along said centerline to the north right-of-way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right-of-,way line of said Crescent Avenue with the centerline of the first 14-foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first 14-foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14-foot alley lying east of Hill Street; thence south along said centerline to the south right-of-way line of Jefferson Boulevard; thence west along said south right-of-way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right-of-way line of Monroe Street; thence southwesterly along said projection and the southerly right-of-way line of Monroe Street to the easterly right-of-way line of Lincoinway East (U.S. Highway No. 33) ; thence southPActerly along said easterly right-of-way line to the south right-of-way line of Sample Street; thence west along said south right-of-way line to the place of beginning. (b) , (c) . Reserved. (e) The Area commonly known as 328 North Michigan Street, more particularly described as follows: Lot Numbered One Hundred Thirteen (113) , as shown on the recorded Original Plat of the Town, now City of South Bend, in St. Joseph County, Indiana, excepting therefrom a tract of land one (1) inch in width, north and south, taken off of and from the entire length of the south side thereof. • Also, Lot Numbered One Hundred Fourteen (114) , and a lot or parcel of land 10 (10) feet in width, north and south, taken off of and from the entire length of the south side of Lot Numbered One Hundred Fifteen (115) , as shown on the recorded Original Plat of the Town, now City of South Bend, in St. Joseph County, Indiana. (f) Two parcels of land being parts of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Beginning at the intersection of the southeasterly right-of-way line of the Chicago, Indiana, and Southern Railroad and the first alley north of Lincoinway West, extended, in said city; thence southeasterly, south and east along said alley, including Lot 11 of the Augustine Addition, to its intersection with the centerline of Blaine Avenue; thence south along said centerline to its intersection with the centerline of Lindsey Avenue; thence east along said centerline to its intersection with the centerline of Allen Street; thence south along said centerline to its intersection with the first alley north of Lincolnway West; thence south and east along said alley to its intersection with the centerline of Cushing Street; thence south along said centerline to its intersection with the south boundary of Jas. Kent's Subdivision of Bank Out Lot 114 and part of 113; thence northeasterly along said boundary and continuing along the south boundary of Burrough's Subdivision of Out Lot 115 to its intersection with the first alley west of Portage Avenue; thence northwesterly along said alley, extended, including Lot 1,2,3,8,9, and 10 of the St. Joseph County Agricultural Society Addition, Lots 24, 23, 22, 16, and 15 of the Studebaker Brothers Subdivision, Lot 129 of Cushing and Lindsey's Addition Lot 1 of the Nuessel First Addition, Lots 151 and 152 of the Muessel Third Addition, and Lots 406, 407, 408, 409, 410, 411, 398, 397, 372, 373, and 374 of Vassar Park, and excluding Lots 36, 37, and 38 of the Muessel First Addition, to its intersection with the northwesterly right-of-way line of the Chicago, Indiana, and Southern Railroad; thence southwesterly along said right-of-way line to its intersection with the west boundary of a tract of land conveyed to Charles D. Derr by a deed recorded in Deed Record Number 8312224 in the office of the Recorder of St. Joseph County, Indiana; thence west along said boundary, extended, to its intersection with the first alley east of Wilbur Street; thence north to its intersection with the first alley north of Elwood Avenue, extended; thence East along said alley, extended, to its intersection with the first alley east of Portage Avenue; thence south and southeasterly along said alley, extended, including a tract of land conveyed to Charles B. and Elinor K. Burkhart by a deed recorded in Deed Record 647 Pg. 392 in the office of the Recorder of St. Joseph County, Indiana, a tract of land conveyed to Laurence D. and Dorothy L. Jones by a deed recorded in Deed Record Number 8015987 in the office of the Recorder of St. Joseph County, Lot 143 of Portage Park Lot 18 of the Chapin Place First Plat, and Lots 3 and 2 of the C. Fassnacht Addition, to its intersection with the south boundary of Burrough's • Subdivision of Out Lot 115; thence northeasterly along said boundary and continuing east along the first alley north of Marion Street to its intersection with the centerline of St. Joseph Street; thence south along said centerline to its intersection with the centerline of Marion Street; thence east along said centerline, extended, to its intersection with the centerline of the St. Joseph River; thence northerly along said centerline of the St. Joseph River; thence northerly along said centerline to its intersection with the first alley south of Corby Street, extended; thence east along said alley to its intersection with the first alley west of Hill Street; thence south along said alley, extended, to its intersection with the first alley south of Kalorama Street; thence east along said alley to its intersection with the first alley east of Hill Street; thence south along said alley to its intersection with the centerline of Jefferson Boulevard; thence west along said centerline to its intersection with the centerline of the St. Joseph River; thence southeasterly along said centerline to its intersection with the first alley, east of Miami Street, extended; thence southerly along said alley, extended, including Lots 26, 25, 24, 23, 22, and 21 of Jacob Leer's survey, to its intersection with the centerline of Oak Park Court; thence west along said centerline to its intersection with the centerline of Miami Street; thence south along said centerline to its intersection with the centerline of Dubail Avenue; thence west along said centerline to its intersection with the first alley west of Miami Street; thence north along said alley to its intersection with the centerline of Pennsylvania Avenue; thence east along said centerline to its intersection with the centerline of Miami Street; thence north along said centerline to its intersection with the centerline of Brook Street; thence northwesterly along said centerline to its intersection with the west boundary of Wenger and Kreighbaum's Vistula Avenue Addition; thence north and northwesterly along said boundary to its intersection with the northwesterly right-of-way line of the Grand Trunk Western Railroad; thence west and northwesterly along said right-of-way line to its intersection with the first alley south of Sample Street; thence west along said alley, extended, to its intersection with the centerline of Carroll Street; thence south along said centerline to its intersection with the centerline of Ohio Street; thence west along said centerline to its intersection with the first alley east of Michigan Street; thence south along said alley, extended, including Lots G and H of Elder Place, to its intersection with the centerline of Ewing Avenue; thence west along said centerline to its intersection with the east right-of-way line of the Pennsylvania Railroad; thence north along said right-of-way line to its intersection with the first alley south of Indiana Avenue, extended; thence west along said alley, extended, including Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 of Creed's Second Addition, Lots 55, 56, and 57 of Stull's Fourth Addition, and Lot A of Raff's Fourth Addition, to its intersection with the centerline of Catalpa Avenue; thence south along said centerline to its intersection with the centerline of Dubail Avenue; thence west along said centerline to its intersection with the first alley west of Prairie Avenue, extended; thence north and northeasterly along said alley, extended, including Lots A and B of the Basil Rupel Addition, and continuing north along the centerline of McPherson Street, extended, to its intersection with the centerline of Garst Street, extended; thence east along said centerline, extended, to its intersection with the centerline of Capin Street; thence north along said centerline to its intersection with the centerline of Prairie Avenue; thence east and northeasterly along said centerline to its intersection with the centerline of South Street; thence east along said centerline to its intersection with the first alley west of William Street; • thence north along said alley, extended, including the eastern half of State Bank Out Lots 24, 22, and 15 and Lot 4 of William Miller's Subdivision of Bank Out Tots 8 and 9, to its intersection with the first alley southwest of Lincolnway West, extended; thence Northwesterly along said alley, extended, including Lots 6, 4, 2, and 1 of the Horatio Chapin Subdivision of Bank Out Lots 1 and 2, Lots 14, 13, 12, and 11 of the Rebecca Studebaker Subdivision, Lots 1 and 14 of the G. Rush Subdivision, Lots 1 and 11 of Heintzman's Addition, the Colfax School, Lot 46 of the Pleasant Home Addition, and Lots 4, 3, 2, 1, and 7 of the Meass Addition, to its intersection with the centerline of Rupel Street; thence west along said centerline to its intersection with the southeasterly right-of"way line of the Chicago, Indiana, and Southern Railroad; thence northeasterly along said right-of-way line to its intersection with the first alley north of Lincolnway West, extended, which is the point of beginning. And, Beginning at the intersection of the centerline of Sheridan Street and the first alley north of Western Avenue, extended, in said city; thence east along said alley, extended, to its intersection with the first alley at of Meade Street; thence north along said alley to its intersection with the first alley north of Washington Street, extended; thence east along said alley, extended, including Lots 2, 3, 4, 5, and 6 of Kaley's Second Subdivision and Lots 112, 113, 122, 123, 124, 132, 133, and 134 of Oak Grove's First Addition, to its intersection with the centerline of O'Brien Street; thence south along said centerline to its intersection with the centerline of Washington Avenue; thence east along said centerline to its intersection with the centerline of Brookfield Street; thence north along said centerline to its intersection with the centerline of Colfax Avenue; thence east along said centerline, extended, to its intersection with the centerline of Adams Street; thence south along said centerline to its intersection with the centerline of Liston Street; thence east along said centerline to its intersection with the first alley east of Circle Avenue; thence south along said alley to its intersection with the first alley north of Washington Avenue; thence east along said alley to its intersection with the centerline of Birdsell Avenue; thence north along said centerline to its intersection with the first alley north of Colfax Avenue; thence east along said alley to its intersection with the centerline of Studebaker Street; thence north along said centerline to its intersection with the centerline of Hine Street; thence east along said centerline and continuing along the first alley north of Colfax Avenue to its intersection with the centerline of LaSalle Avenue; thence northeasterly along said centerline to its intersection with the first alley north of Colfax Avenue; thence east and northeasterly along said alley to its intersection with the centerline of LaPorte Avenue; thence southeasterly along said centerline to its intersection with the centerline of Laurel Street, extended; thence south along said centerline, extended, to its intersection with the first alley south of Washington Avenue; thence west along said alley to its intersection with the centerline of Cherry Street; thence south along said centerline, extended, to its intersection with the northeasterly right-of-way line of he New York Central Railroad; thence southeasterly along said right-of wa;: line to its intersection with the centerline of Walnut Street; thence noru7 along said centerline to its intersection with the first alley north of Western Avenue; thence east along said alley to its intersection with the first fourteen (14) foot alley west of Laurel Street; thence north along said alley, extended, to • • its intersection with the centerline of Jefferson Boulevard; thence east along said centerline to its intersection with the centerline of Laurel Street; thence north along said centerline to its intersection with the line 159.72 feet north of and parallel to the north right-of-way line of Jefferson Boulevard; thence east along said line to its intersection with the centerline of Scott Street; thence south along said centerline to its intersection with the centerline of Western Avenue; thence west along said centerline to its intersection with the centerline of Chapin Street; thence south along said centerline to its intersection with the first alley south of Western Avenue; thence west along said alley, extended, including a tract of land conveyed to Michiana Marlin Swim Club, Inc. by a deed recorded on Deed Record number 8400928 in the office of the Recorder of St. Joseph County, Indiana, and the Benjamin Harrison School, to its intersection with the centerline of Sheridan Street; thence north along said centerline to its intersection with the first alley north of Western Avenue, extended, which is the point of beginning. 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EXHIBIT A-12 URBAN ENTERPRISE ZONE BOUNDARY DESCRIPTION Beginning at the intersection of the centerline of West Washington Street and St. Pauls Street; thence North along said centerline of St. Pauls Street to the first East-Test alley North of Washington Street; thence West along said centerline to the centerline of Studebaker Street; thence South along said centerline to the centerline of Washington Street; thence West along said centerline to the centerline of Circle Avenue; thence Northwest along said centerline to the centerline of College Street; thence North along said centerline to the centerline of Orange Street; thence West along said centerline to the centerline of O'Brien Street; thence South along said centerline to the centerline of West Washington Street; thence West along said centerline to the centerline of Huey Street; thence South along said centerline across the Penn Central Rail Road tracks to the centerline of Newcome Street extended; thence West along said centerline to the centerline of Olive Street; thence North along said centerline to the South right-of-way line of Penn Central Rail Road; thence Northwest along the Rail Road right-of-way to the centerline of the first 14 foot alley East of Meade Street; thence south along said centerline to the centerline of the first 14 foot alley South of Western Avenue; thence Fast along said centerline crossing one set of Penn Central Rail Road tracks to the North right-of-way of Penn Central Rail Road; thence Southeast along the Rail Road tracks to the centerline of Arnold Street; thence South to the North right-of-way line of the Grand Trunk Western Rail Road; thence Southwest along said North right-of-way line of the Rail Road tracks to the centerline of the first 14 foot alley North of Sample Street; thence West along said centerline to the centerline of the first 14 foot alley West of Albert Street; thence South along said centerline to the West right-of-way line of the Grand Trunk Western Rail Road and the South right-of-way line of the Penn Central Rail Road extended; thence East along the South right-of-way line of the Penn Central Rail Road tracks to the centerline of Kemble Street; thence South along said centerline to the centerline of Dubail Street; thence East along said centerline to the centerline of Catalpa Street; thence north along said centerline to the first 14 foot alley North of Dubail Street; thence East along said centerline to the centerline of the first 14 foot alley East of Williams Street; thence South along said centerline to the centerline of Calvert Street; thence East along said centerline to the West right-of-way line of the Penn Central Rail Road; thence South along said right-of-way to the centerline of Ewing Street; thence East along said centerline of Ewing Street to the centerline of the first 14 foot alley East of Michigan Street; thence north along said centerline to the centerline of the first 14 foot alley South of Indiana Avenue; thence East along said centerline to the centerline of High Street; thence North along said centerline to the centerline of Broadway Street; thence East along said centerline to the centerline of Dale Avenue; thence North along said centerline to the centerline of Pennsylvania Avenue; thence West along said centerline to the centerline of the first 14 foot alley East of High Street; thence North along said centerline to the West right-of-way line of the Grand Trunk Rail Road; thence Northeast to the centerline of Lincolnway Fast; thence North and West to the centerline of Sample Street; thence West along said centerline to the centerline of the first 14 foot alley East of Michigan Street; thence North along said centerline to the centerline of Monroe Street; thence West along said centerline to the centerline of Williams Street; thence North along said centerline to the centerline of Jefferson Boulevard; thence West along said centerline to the centerline of Laurel Street; thence North along said centerline to the centerline of West Washington Street; thence West to the point of origin at the centerline of St. Pauls Street. and Real Estate in St. Joseph County, in the State of Indiana, described as follows: Parcel I - A lot or parcel of land situated in the West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 Fast, described as follows: Beginning at the point of intersection of the South line of the St. Joseph, South Bend and Southern Railroad Company's right of way with the East line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15, said point of beginning being Four Hundred Eleven and Six Tenths (411.6) feet North of and Six Hundred Sixty-Five and Two Tenths (665.2) feet West of the center of said Section 15; thence running West along the South line of the right of way of said St. Joseph, South Bend and Southern Railroad Company, Six Hundred Sixty-'Iwo and Forty-Eight Hundredths (662.48) feet, more or less, to the West line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 15; thence South along last mentioned line, Two Hundred One and Forty-Five Hundredths (201.45) feet; thence East Six Hundred Sixty-Two and Seventy-Four Hundredths (662.74) feet more or less, to the Fast line of the aforesaid West Half (1/2) of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section 15; thence North along said last mentioned line Two Hundred Three and Seventy-Five Hundredths (203.75) feet to the place of beginning. Parcel II - Beginning at a point 308.9 feet North and 30 feet West of the center of Section 15, Township 37 North, Range 2 East, thence North along the west line of Olive Street, a distance of 102.7 feet to the South line of the St. Joseph, South Bend and Southern Railroad Company's right of way; thence West along the South line of said company's right of way, a distance of 635.2 feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence South 146.2 feet; thence East 477.8 feet; thence North 25 feet 9 inches; thence East 157.4 feet to the West line of Olive Street; thence North 19 feet 3 inches to the place of beginning, all in Section 15, Township 37 North, Range 2 East. Parcel III - A lot or parcel of land in the East Half of the Southeast Quarter of the Northwest Quarter of Section No. 15, Township No. 37 North, Range No. 2 East, bounded by a line running as follows: Beginning at a point Two Hundred Sixty-Three and Nine-Tenths (263.9) feet North and One Hundred Eighty-Seven and Four-Tenths (187.4) feet West of the Center of Said Section No. 15; thence West Four Hundred Seventy-Seven and Eight Tenths (477.8) feet to the West line of the East Half of the Southeast Quarter of the Northwest Quarter of said Section No. 15; thence South along the West line of the East Half of the Southeast Quarter of the Northwest Quarter of Section No. 15, a distance of Fifty-Seven and Fifty-Five One Hundredths (57.55) feet; thence East a distance of One Hundred Ninety-Eight and Seventy-Five Hundredths (198.75) feet; thence North Forty-Seven and Fifty-Five One Hundredths (47.55) feet; thence East Two Hundred Seventy Nine and Twenty-Five One Hundredths (279.25) feet; thence North Ten (10) feet to the place of beginning. Parcel IV - A parcel of land situated in the West One-Half of the Southeast quarter of the Northwest Quarter of Section 15, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: Beginning at a point on the East line of the West One-Half of the Southeast Quarter of the Northwest Quarter of said Section 15, 203.75 feet South of the intersection of the South line of the right of way now or formerly owned by St. Joseph, South Bend and Southern Railroad Company with the said East line of the West One-Half of the Southeast Quarter of the Northwest Quarter of Section 15, said point of intersection being 411.6 feet North of and 665.2 feet West of the center of said Section 15; thence South along the said East line of the West One-Half of the Southeast Quarter of the Northwest Quarter of Section 15, 177.25 feet, more or less, to a point in a line parallel to and distant 26.5 feet Northerly, by rectangular measurement, from the East and West center line of said Section 15; thence West along said parallel line 663 feet, more or less, to a point in the West line of the said West One-Half of the Southeast Quarter of the Northwest Quarter of said Section 15; thence North along said West line of the West One-Half of the Southeast Quarter of the Northwest Quarter of Section 15, 174.95 feet, more or less, to a point 201.45 feet South of the said South line of the right of way now or formerly awned by St. Joseph, South Bend and Southern Railroad Company; thence Easterly along a straight line, 662.74 feet, more or less, to the point of beginning. Parcel V - All of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 Fast lying South of the right-of- way, now or formerly awned by the St. Joseph, South Bend and Southern Railroad Company and being more particularly described as follows: Beginning at the Southeast corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) ; thence West along the South line of the said Southwest Quarter (1/4) of the said Northwest Quarter (1/4) a distance of 1327.393 feet to an iron pin at the southwest corner of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) ; thence North along the West line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) -a distance of 395.098 feet to an iron pin in the South right of way line of the right of way now or formerly owned by said St. Joseph, South Bend and Southern Railroad Company; thence East along the South right of way line of said St. Joseph, South Bend and Southern Railroad Company right of way a distance of 1326.95 feet to the East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) (which point is in the center line of Kaley Street) ; thence South along said East line of said Southwest Quarter (1/4) of said Northwest Quarter (1/4) a distance of 402.90 feet to the point of beginning. Parcel VI - Beginning at a point on the West line of Kaley Street at the intersection of the South right of way line of St. Joseph, South Bend and Southern Railroad, thence South along the West line of Kaley Street, Four Hundred Two and Ninety-Hundredths (402.90) feet, more or less, to the East West center line of Section 15, Township 37 North, Range 2 East; thence East on said East-West center line Thirty (30) feet to the center line of Kaley Street; thence North along said center line Twenty-Six and Fifty Hundredths (26.50) feet; thence East parallel with said East-West center line of Section 15, Thirty (30) feet to the East line of Kaley Street; thence North Three Hundred Seventy-Six and Four Hundredths (376.40) feet, more or less, to the South right of way line of the St. Joseph, South Bend and Southern Railroad; thence West along said right of way line Sixty (60) feet to the place of beginning. and Parcel No. 1 A twelve (12) foot wide road access way further described as commencing at the Northeast corner of the Northeast Quarter of the Northeast Quarter of Section 23, T37 N R2E; thence proceeding north 89°31'20" West 167.71 feet to a point on the North line of said Section 23, said point being the Point of Beginning; Thence proceeding South 8°47'05" East 968.72 feet, thence South 00°27'54" West 1,666.46 feet; thence North 89°36'39" East 668.16 feet; thence along a curve to the left whose radius is 112.00 feet, length = 175.93 feet, and whose long chord has a bearing of South 45°23'21" West and a length of 158.39 feet; thence South 89° 36'39" East 12.00 feet; thence along a non-tangent curve to the right whose radius is 112.00 feet, length = 157.08 feet, chord length = 141.42 feet, and the chord bearing is North 45°23'21" West; thence South 89°36'39" East 680.14 feet; thence North 00°27'54" East, 1,679.41 feet; thence North 08°47'05" West 967.73 feet; thence North 89°31'20" West 12.16 feet to the Point of Beginning and containing 0.96 acre, more or less. Parcel No. 2 Beginning at the Northeast corner of the Southeast Quarter of Section 23, T37N, R2E, thence proceeding North 89°36'39" West 805.11 feet; thence South 00°24'22: West 100.00 feet to the Point of Beginning. Thence proceeding South 00°24'22" West, 199.1 feet; thence South 89°35'38" East, 0.47 feet; thence South 00°24'22" West 442.0 feet; thence North 89°35'38" West 0.47 feet; thence South 00°24'22" West 393.36 feet; thence South 89°35'38" East 210.00 feet; thence along a non-tangent curve to the left whose radius is 383.94 feet, length = 254.64 feet, length 250.00 feet, and whose chord bearing is North 19°24'22" East; thence North 00°24'22" East 480 feet; thence North 26°29'37.6" West 306.72 feet; thence along a curve to the left whose radius is 81.41 feet, length = 89.68 feet, chord length = 85.21, and chord bearing = North 58°03'08.3" West; thence North 08°36'39" West 80.00 feet to the point of beginning and containing 6.18 acres, more or less. Parcel No. 3 Commencing at the Northeast corner of the Southeast Quarter of Section 23 T37N R2E, thence proceeding North 89°36'39" West 805.11 feet, thence South 00°24'24" West 1,134.46 feet to the Point of Beginning; Thence proceeding South 00°24'22" West 272.00 feet; thence North 89°35'38" West 545.00 feet; thence South 00°24'22" West 125.00 feet; thence South 30°58'37.9" West 275.26 feet; thence South 00°24'22" West 77.00 feet; thence South 89°35'38" East 30.00 feet; thence North00°24'22" East 68.80 feet; thence North 30°58'37.9" East 275.26 feet; thence North 00°24'22" Fast 103.20 feet; thence South 89°35'38" East 545.00 feet; thence North 00°24'22" East 302.00 feet; thence North 89°35'38" West 30.00 feet; to the Point of Beginning and containing 0.891 acres, more or less. Parcel No. 4 Main Plant Commencing at the Northeast corner of the Southwest Quarter of Section 23 T37N R2E, thence proceeding North 89°36'39" West 805.11 feet; thence South 00°24'22" West 100.00 feet to the Point of Beginning; thence proceeding North 89°36'39" West 346.5 feet; thence North 00°24'22" East 33.9 feet; thence North 89°36'39" West 290.1 feet; thence South 00°24'22" West 34.2 feet; thence North 89°36'39" West 404.3 feet; thence South 00°24'22" West 199.92 feet; thence South 89°36'39" East 79.6 feet; thence South 00°24'22" West 1042.0 feet; thence South 89°36'39" East 922.07 feet; thence North 00°24'22" East 600.9 feet; thence South 89°36'39" East 39.7 feet; thence North 00°24'29" East 422.0 feet; thence North 89°36'39" West 0.47 feet;thence North 00°24'29" East 199.1 feet to the Point of Beginning, containing 28.515 acres, more or less. Parcel No. 5 IR Building Commencing at the Northeast corner of the Southeast Quarter of Section 23 T37N R2E, thence proceeding North 89°36'39" West 805.11 feet; thence South 00°24'22" West 1,406.46 feet; thence North 89°35'38" West 545.00 feet; thence South 00°24'22" West 125.00 feet; thence South 30°58'37.9" West 275.26 feet; thence South 00°24'22" West 19.5 feet to the Point of Beginning; thence North 89°35'38" West 15.00 feet to the northeast corner of the I.R. Building; thence proceeding North 89°35'38" West 240.6 feet; thence South 00°24'22" West 77.5 feet; thence South 89°35'38" East 59.1 feet; thence South 00°24'22" West 4 feet; thence South 89°35'38" East 181.5 feet; thence North 00°24'22" West 20.0 feet; thence South 89°35'38" East 15.00 feet; thence North 00°24'22" West 66.5 feet; to the Point of Beginning and containing 0.43 acre, more or less. Parcel No. 6 Commencing at the Northeast Corner of the Southeast Quarter of Section 23, T37N R2E, thence proceeding North 89°36'39" West 805.11 feet; thence South 00°24'22" West 1,406.46 feet; thence South 89°35'38" East 30.00 feet; thence South 00°24'22" West 30.00 feet to the Point of Beginning; Thence proceeding North 89°35'38" West 265.00 feet; thence South 00°24'22" West 134.50 feet; thence North 89°35'38" West 100.00 feet; thence South 00°24'22" West 110.00 feet; thence South 89°35'38" East 81.00 feet; thence South 00°24'22" West 270.14 feet; thence North 29°17'52" East 587.80 feet to the Point of Beginning and containing 1.824 acres. IAK:ml/lgldescr