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Home My WebLink About4959-22 Resolution the Grant of Certain Real Property Tax Abatement United States of America , - F--HP !,,,,,,,:::::::::.,,:ti, � SEP 21 2022 AUDITOR ST JOSEPH COUNTY _. r Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Dawn M. Jones, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of RESOLUTION 4959-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAY 23, 2022 PRESENTED TO, APPROVED AND SIGNED BY MAYOR JAMES MUELLER, MAY 24, 2022 ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: DAWN M. JONES, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and fixed the official Seal of the City of South Bend, St. Joseph County, Indiana, this GPO day of 20�a2 Dawn M. Jones Clerk of the City of South Bend St. Joseph County, Indiana BY: Akat/ jeputy RESOLUTION No. 4959-22 Passed by the Common Council of the City of South Bend, Indiana May 23, 20 22. Attest: Ii) beff(10 Cht PX-1/JJ City Clerk Dawn M. Jones Attest; &IV-Ain& ""-M C344CPresident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 23, 22 20 City Clerk Dawn M. Jones Approved and signed by me it G 2q/ 20 Z 2- J-v' Mayor r BILL NO. 22-24 RESOLUTION NO. 4959-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 FOR Imagineering Enterprises, Inc. WHEREAS, on September 10, 2018, the Common Council of the City of South Bend (the "Common Council") adopted Resolution No. 4741-18 (the "2018 Resolution"), approving a six (6) year real property tax deduction for a new speculative building located at 3722 Foundation Ct. South Bend, IN 46628 (the "Building") by Imagineering Enterprises, Inc. or "Taxpayer", within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with IND. CODE § 6-1.1-12.1-1, et seq.; WHEREAS, as part of Imagineering Enterprises Inc. deduction application, Imagineering Enterprises, Inc. described for the Common Council that Imagineering Enterprises, Inc. would by the end of the three (3) year designation period (a) invest $1,500,000 on construction of a new speculative industrial building, (b) create 15 or retain 41 direct jobs; WHEREAS, Imagineering Enterprises Inc. completed a construction of 15,000 S.F. building and has met all objectives in its deduction application; WHEREAS, while Imagineering Enterprises, Inc submitted its CF-1/RP form to the City of South Bend Department of Community Investment in May 2021, the company inadvertently failed timely and properly to file the Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas ("Form 322/RE") and the related Compliance Statement of Benefits Real Property Deduction ("CF-1/RP") to the St. Joseph County Auditor; WHEREAS, the Common Council recognizes that (a) Imagineering Enterprises, Inc. has fulfilled its pledge to construct a new speculative building; (b) Imagineering Enterprises, Inc. has requested a waiver of its inadvertent oversight for filing of the Application Forms in the wrong office to claim benefits of the tax deduction for the first year of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and(c) Imagineering Enterprises, Inc would have been entitled to receive the tax deduction for the first two years of the deduction period had no noncompliance event occurred; WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely or erroneous filing of an application form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax deduction related to the building construction located at 3722 Foundation Ct, South Bend, Indiana(the"Property"), and(b)inadvertent oversight leading to a belated filing or filing in the incorrect office of the Form 322/RE "Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas"to claim the 1 benefits of a tax deduction for the January 1, 2020 assessment date of the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to purchase, improve, and conduct operations at the Property contemplated as part of the 2018 Resolution(the"Deduction") and that its belated/errant filing of an application required to claim the benefits of the Deduction as of for taxes due and payable in 2021 was inadvertent. SECTION 3. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of the Deduction on its investment contemplated as part of the 2018 Resolution as of the January 1, 2020 assessment date, all as is permitted under IND. CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under IND. CODE § 6-1.1-12.1-5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2020-Pay-2021 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a)the 2018 Resolution; (b)the tax deduction application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this .9715 day ofilt___, 2022. jj S aron tItrtd4ourtli1CPI-esident South Bend Common Council Attest: 6/A, 7il , q-6/1.27 Dawn M. Jones, MPA, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the Cit A South Bend, to the Mayor of the City of South Bend, Indiana on the f4' day of j , 2022, at /1 o'clock Q m. kt,taC) 2 • 0 9/,(A) Dawn M. Jones, MPA, City Clerk Office of the City Clerk Approved and signed by me on the 104' day of M7 , 2022, at 3 o'clock .m. J/ )1JtL JameMueller, Mayor City of South Bend, Indiana 2