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HomeMy WebLinkAbout07-10-2023 South Bend Common Council Agenda & Committee Meeting Notice Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, JULY 6, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, July 10, 2023: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/07102023CC. 4:00 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 24-23 An Ordinance for Board of Zoning Appeals for Property Located at 1127, 1131, and 1135 WEST WESTERN AVENUE, Councilmanic District No. 2 2. Bill No. 27-23 An Ordinance Amending the Zoning Ordinance Seeking a Special Exception use for Property Located at 1319, 1323, and 1333 Lincoln Way West and Councilmanic District No. 2 4:15 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN 1. Bill No. 23-41 Confirming Tax Abatement for Property Located at 1202 S. Lafayette Blvd, South Bend, IN 46624 2. Bill No. 23-42 Designating Tax Abatement for Property Located at 1144 Corby Blvd. South Bend, IN 46617 3. Bill No. 23-43 Confirming Tax Abatement for Property Located at 1405 Portage Ave., South Bend, IN 46616 4. Bill No. 23-44 ConfirmingTax Abatement for Property Commonly Known as Multiple Properties 5. Bill No. 23-45 Designating Tax Abatement for Property Located at 1901 N. Bendix Drive, South Bend, Indiana,46628 Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, July 10, 2023 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/07102023SBCC 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES THE SUB-COMMITTEE HAS INSPECTED OF THE APRIL 10, 2023 MEETING AND FOUND THEM TO BE CORRECT. THEREFORE, THEY ARE BEING RECOMMENDED FOR COUNCIL APPROVAL. 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 24-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1127, 1131, AND 1135 WEST WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 27-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 1319, 1323, AND 1333 LINCOLN WAY WEST AND, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 24-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1127, 1131, AND 1135 WEST WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 27-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 1319, 1323, AND 1333 LINCOLN WAY WEST AND, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 11. RESOLUTIONS BILL NO. 23-41 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1202 SOUTH LAFAYETTE BLVD, SOUTH BEND, IN 46624 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR KCG COMPANIES, LLC 23-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1144 CORBY BLVD, SOUTH BEND, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN- YEAR (10) REAL PROPERTY TAX ABATEMENT FOR FIVE CORNERS, LLC 23-43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1405 PORTAGE AVE, SOUTH BEND, IN 46616 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR PEAK INVESTMENT AND ASSET MANAGEMENT, LLC 23-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS MULTIPLE PROPERTIES AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR ADVANTIX DEVELOPMENT CORPORATION 23-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1901 N. BENDIX DRIVE, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE- YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR CROSSROADS SOLAR ENTERPRISES LLC 12. BILLS OF FIRST READING BILL NO. 46-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN 1301 ELWOOD AVENUE AND 1405 PORTAGE AVENUE 47-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING THE STATUS OF “HOMELESS” TO THE PROTECTED CLASSES OF PERSONS UNDER SOUTH BEND HUMAN RIGHTS ORDINANCE, CHAPTER 2, ARTICLE 9, OF SOUTH BEND MUNICIPAL CODE AND ESTABLISHING THE DEFINITION FOR “HOMELESS” 13. UNFINISHED BUSINESS 14. NEW BUSINESS The next Council Committee meeting is scheduled for July 24, 2023 tentatively at 3:30 p.m. The next regular Council meeting is scheduled for July 24, 2023 at 7:00 p.m. 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-24-2023) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Thomas Kurzhal, Citizen Member Henry Davis, Jr., Member Kaine Kanczuzewski, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Eli Wax, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Desmont Upchurch, Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Maria Gibbs, Citizen Member Matthew Coats, Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Beth Sanford, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Lori K. Hamann, Member Karen L. White, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Lakeyue Williams, Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing anne xation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2023 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2023) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member Personnel & Finance Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chair Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Community Relations Committee, Member Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance Committee, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Vice Chairperson Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member Community Relations Committee, Vice- Chairperson City of South Bend BOARD OF ZONING APPEA May 16, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1127, 1131 and 1135 West Western Avenue Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May ZZ, 2023, Council meeting and set it for public hearing at your June 12th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the June 5, 2023, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception for major vehicle service. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 24-23 May 16, 2023 City of South Bend PLAN COMMISSION Honorable Lori Hamann4thFloor, County-City BuildingSouthBend, IN 46601RE: 1319, 1323, and 1333 Lincoln Way WestPC# 0152-23DearMs. Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 574)235-7627 ww.. it.J.t>endin.gov/zoning 1/ 6\ ;!!_ ii] c ,,.I . le;,f-, ( '· so Ct'J), .D-I 1/ & i-/41,, IC ct.s-, '·<0;9'9,., . (.' . 1i,;;'1vs :;--.,_ I-; f) q l,v Enclosed is an Ordinance forthe proposed Zone Map Amendment and Special Exception at theabovereferencedlocation. Please include the attached Ordinance on the Council agenda forfirstreadingatyourMay22nd, 2023 Council meeting, and set it for public hearing at your June 26Lh, 2023 Council meeting. The petition is tentatively scheduled forpublic hearing at the May 20th, 2023 South Bend Plan Commission meeting. The recommendation of the South Bend PlanCommissionwillbeforwardedtotheOfficeoftheCityClerkbynoononthedayfollowingthepublichearing. The petitioner provided the followingto describe the proposed project: Petitioners desire to rezone the property fromU3 Urban Neighborhood 3 to NC NeighborhoodCenterDistrictandseekingaSpecialExceptionUseforMajorVehicleRepair. If you have anyquestions, please feelfreeto contact our office. ' JJf- ;;. rely,Ange aSmithZoningAdministratorCC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 27-23 Filed in Clerk's Office1. CITY OF SOUTH BE 'D JUL 0 5 2023 M.jONES COMMUNITY INVESTMENT CITY CCLERKDAWN SOUTH BEND,IN July 5, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 RE: Confirming Resolution: Multi-Family Development Real Property Tax Abatement Petition for KCG Companies, LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a multi-family development real property tax abatement petition submitted by KCG Companies, LLC, a Florida Limited Liability Company. The Council passed Declaratory Resolution No. 5032-23 on June 26. This proposed abatement is part of a support package partnering with KCG Companies, which is applying for rental housing tax credits through the Indiana Housing &Community Development Authority(IHCDA). The abatement will go into effect only if this project is chosen by IHCDA in this year's competitive Tax Credit application round. This petition package includes: Department of Community Investment's summary report Petition for abatement Statement of Benefits form (SB-1 / Real Property) Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner proposes to construct a 50-unit multi-family affordable housing development. Rents would be a mix of 60 percent, 50 percent, and 30 percent of the Area Median Income (AMI)with eight (8) units offering Project-Based Vouchers. A representative from KCG Companies, LLC, will be available to meet with the Committee on Monday, July 10, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 wwwsouthbendin.gov Filed in Clerk's Office BILL NO. 23-41 JUL 0 5 2023 RESOLUTION NO. 5038-23 DAWN M.JONES CITY CLERK,SOUTH BEND, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1202 South Lafayette Boulevard, South Bend, IN 46624 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR KCG Companies, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas described as: Key Number: 71-08-13-152-001.000-026 Commonly Known As: 1202 S. Lafayette Boulevard Legal Description: Lots 18& 19 Stulls 1st Key Number: 71-08-13-152-002.000-026 Legal Description: Lot 17&North 44'Lot 16 Stulls 1st Addn be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for multi-family residential development real property tax abatement only and shall expire on December 31, 2026. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of ten (10) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 95% Years - 95% Year 6 - 90% Year? - 90% Year 8 - 85% Year 9 - 80% Year 10 - 75% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023,at o'clock m. James Mueller, Mayor City of South Bend Fred in Clerk's Office JUL 052023 CITY CLERK.SOUTH BEND,IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Multi-Family Development Real Property Tax Abatement for KCG Properties, LLC DATE: June 21, 2023 On June 20, 2023, a petition for tax abatement was filed by KCG Companies, LLC, for a low- income housing project that will be located at 1202 S. Lafayette Boulevard in South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petitions (a copy of each is attached), investigated the area, and makes the following report. Project Summary Founded in 2015, KCG Companies, LLC (KCG) is an Indianapolis-based developer, builder, and manager of affordable housing. KCG is proposing a 50-unit multi-family affordable housing development consisting of 30 one-bedroom and 20 two-bedroom units. Rents will be a mix of 60 percent, 40 percent and 30 percent of the Area Median Income (AMI)with eight units offering Project-Based Vouchers. KCG is competing for Low Income Housing Tax Credits (LIHTC)with the Indiana Housing & Community Development Authority (IHCDA). Project completion is contingent upon receiving a satisfactory LIHTC award. Currently the site is an empty lot owned by the City of South Bend. If the project proceeds, KCG has committed to spending $12.5 million to develop this lot. Employment Impact Upon completion of the project, KCG will create one (1)full-time position with an estimated annual payroll of$40,000. Tax Estimates Due to being a LIHTC project that will increase the availability of affordable rental units within South Bend, a ten-year(10) multi-family real property tax abatement is being sought. Current taxes are zero—property is owned by the City of South Bend. Estimated annual taxes after the project's completion: $23,512 Total estimated taxes during the ten-year(10) abatement period: $268,770 o Estimated taxes being abated during the abatement period: $237,996 o Estimated total taxes to be paid during the abatement period: $30,774 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or is associated with prior South Bend abatements. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner qualifies for a ten-year(10) multi-family residential development real property tax abatement under Division 2 (Residential Development Real Property Tax Abatement), Section 2-77 Multi-Family Residential Developments). 2 10-Year Abatement June 20,2023 KCG Companies, LLC South Bend Portage Township Residential Real Property Tax Abatement Schedule Type of Dwelling: Multi-Family Residence -50 units- Estimated Project Cost: $12,323,616 New Construction Property Address: 1202 South Lafayette Boulevard Tax Key Number: 71-08-13-152-001,000-026;71-08-13-152-002,000-026 True Tax Value Method: 5%of Total 5%of Total 5%of Total 5%of Total 5%of Total 5%of Total 5%of Total 5%of Total 5%of Total 5%of Total Gross Rent Gross Rent Gross Rent Gross Rent Gross Rent Gross Rent Gross Rent Gross Rent Gross Rent Gross Rent Assessed(AV)and Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 True Tax Value(TTV) Land(AV) 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 Structure(Structure TTV) 472,617 486,795 501,399 516,441 531,934 547,892 564,329 581,259 598,697 616,657 Gross TTV 10,800 483,417 497,595 512,199 527,241 542,734 558,692 575,129 592,059 609,497 627,457 Abatement 100%100%100%95% 95% 90% 90% 85% 80% 75% Abatement Deduction 472,617) (486,795) (501,399) (490,619) (505,337) (493,103) (507,896) (494,070) (478,957) (462,493) Net TTV 10,800 10,800 10,800 10,800 36,622 37,397 65,589 67,233 97,989 130,539 164,964 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net TTV)571 571 571 571 1,937 1,978 3,469 3,556 5,183 6,905 8,726 Local Tax Credit(8.7112%of GT-DS) 46) 46) 46) 46)156)159)279)286)417)556)703) Circuit Breaker Credit 158) Taxes Due 367 $ 525 $ 525 $ 525 $ 1,781 $ 1,819 $ 3,190 $ 3,270 $ 4,766 $ 6,349 $ 8,023 3% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 324 197,394 197,394 197,394 19 7,394 197,394 197,394 19 7,394 197,394 197,394 197,394 Debt Service(0.3997%of Net TTV) 43 43 43 43 146 149 262 269 392 522 659 Max Tax Under the Cap 367 197,437 197,437 197,437 197,540 197,543 197,656 197,663 197,786 197,916 198,053 Year Abatement Total Tax Net Taxes Taxes Abated Liability Paid 1 100% $ 23,512 $ (22,987) $ 525 2 100% 24,202 (23,676)525 3 100% 24,912 (24,387)525 4 95% 25,644 (23,862) 1,781 5 95% 26,397 (24,578) 1,819 6 90% 27,173 (23,983) 3,190 7 90% 27,973 (24,703) 3,270 8 85% 28,796 (24,030) 4,766 9 80% 29,644 (23,295) 6,349 10 75% 30,518 (22,494) 8,023 Total:268,770 (237,996) 30,774 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023.y'°. Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then-current tax rates. City of South Bend City of South Bend Instructions:Complete pag 1-3 FileC '. rk's Office AND the proper Form SB-1 r Petition for Incentives the type of abatement(re r _` ; 5' property or personal prop! y) Petition must include a$250 filing fee payable to the City Clerk's Office for which you are applying 2123 before processing can be complete General Information Project Name TBD Pitied Nontker DAWN M.JQNES Legal name as registered with KCG Companies, LLC (Florida entity) I Gi Y t;t,.RK,SOUTt, BEND,INSecretaryofState Business structure LLC Company website https://www.kcgcompanies.COM/ Proposed Project Information Proposed project address 1202 S. Lafayette Blvd. Parent company name KCG Companies City,State,Zip South Bend, IN 46624 legal owner Dept.of Redevelopment-City of South Bend Site acreage or acreage required 0.92 acres Is the real estate owned or leased? Owned by Dept.of Redevelopment Square feet of facility Approx. 50,500 If leased,by whom?N/A Primary Contact Information Primary company contact name Todd Jensen r't1e VP of Development-Midwest Address of company contact 9311 N.Meridian St,Ste. 100 Phone (317)688-1729 City,State,Zip Indianapolis, IN 46260 Email todd.jensen@kcgcompanies.com Senior Official Information Company senior official name RJ Pasquesi ritle President Address ofntfromany bove)9311 N.Meridian St, Ste. 100 Phone 317-708-651911differentfromabove) City,State,Zip Indianapolis, IN 46260 Email rj.pasquesi@kcgcompanies.corn Consultant Information/Agent Hired business consultant/agent name N/A Consultant release?(Y/N) Address local economic development partners approval?(v/N) City,State,Zip Email Project Overview Brief description of your company,project,and why the Founded in 2015,KCG Companies is an Indianapolis-based,developer,builder and manager of propenyls necessary for affordable housing. KCG would like to be part of the solution to address the affordable housing economic growth shortage in South Bend now&in the future. Please see the attached KCG Resume for additional background on our company. KCG Development is proposing a 50-unit,multifamily affordable housing development consisting of 30 one-bedroom&20 two-bedroom units Rents would be a mix of 60%,50%&30%of the Area Median Income(AMI)with eight units offering Project-Based Vouchers.The property is currently a vacant parcel. KCG will be competing for Low Income Housing Tax Credits(LIHTC)with the Indiana Housing&Community Development Authority. If successful in receiving a satisfactory LIHTC award,KCG would move forward on this project with total development costs currently projected at approximately$12.5MM.Providing quality,affordable housing in the downtown area is crucial to the area's economic growth. Many employees want to live close to their jobs-especially given the high gas prices the last Few years.With the loss of hundreds of affordable housing units in the area due to the recent closings of Rabbi Shulman&Monroe Circle Apartments,replacing those units so that residents can continue to live and work in the downtown area is important for the local economy. Certi fled Technology Park appropriate No Is the project In a Tao incremental Flnandng TnF)area? If so,which? Yes, River West Development Area Have Building Permits been Issued?(y./N)Number of residential units created by 50Note-Not eligible for abatement if yes) No project If this Is a petition for personal property too abatement,has the equipment been installed? Equipment has not been installed. Investment Details Public infrastructure needs Has any 560 funding been What is the value of any equipment being purchased In What Is the value of any equipment being Off-site of project In dollars)received? Indiana for the project? purchased from out of state for the project? No titgyitr9igalQ.Ye_$tment3 Calendar Year ion 2023 2024 2025 2026 2027 2028 2029 Ldud Acquisition 1,000.00 Building Lease Payments Building Purchase Costs New Building Construction 8881,229.00$5,23•.511 00$210,886,00 Existing Building Improvements New Machinery&Equipment Special Tooling/Retooling New Furniture/Fixtures 150,000.00 New Computer/IT Hardware New Software Ort•sile Rail Infrastructure On•slte Fiber Infrastructure 1 TOTAL 0.00 $0.00 $0.00Q-0,Q 'Q•QQ ,f,8,882,229 00 S 5,761,501.00 E 210,886.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Hourly Cumulative If of net NEW full time Hourly rverege wage,w/o Total training Total a to be avera4e permanent jobs created at project benefits or bonuses,of expenditure• trained-not wage, cumulative net new jabs not cumulativebenefitsoorr bonuses cumulative 2023 2024 2025 1 20.00 500 2 2026 2027 2028 2029 2030 2031 2032 2033 2030 Provide hourly wage information for new employees In the following positions. Fulltime Part time Laborers 25.00 Tedsnlcal Managerial 20.00 Administrative Who will be the individual responsible for coordinating with WorkOneon recruiting? DeeAnna Woiton, Talent Acquisition Partner Does your company have an EEO hiring policy? Yes I Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female Please describe your commitment to employees for the following years: diversity and inclusion by detailing your Year outreach and recruitment efforts for the last 2023 2022 2021 three years as well as current policies. Full Time Part Time Full lime Part Time Full Time Part Time Black 17 10 5 All postings for positions at Hispanic 9 8 2 KCG inform candidates that Asian2 1 1 we are looking for the right Indian skills and potential, and the 1 evaluation is free from the Female 40 30 16 bias of gender,and race. Other 6 l 3 Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested Incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify Please complete the table below with the appropriate information. If Earned Points Available Points Yes or No) you qualify for the points,please enter the full amount of available points. 1 Pons ruction Relaleg jcquiractorst A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors Yes 19 19 0. Require Prevailing Wage Evaluating 22 E. Require Health Benefits Yes 22 22 F. Require Retirement Benefits Some 9 18 G. Maintain Affirmative Action Plan Yes 20 20 Sub-total Construction Related: 110 141 2 Wagg&Benefit Related(gwngx): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes,FT emp 34 34 C. Provide Retirement Benefits Yes,FT emp 29 29 0. Provide Training Yes 28 28 E. Provide Child Care No 15 F Provide Transportation Assistance wrv'wir° 14 G. Provide Employer Assisted Housing program No 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing robs N/A 41 C. Maintain Affirmative Action Plan Yes 35 35 0. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 77 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) No I 84 Name of facility We would like to volunteer annually. I ISub-total Municipal Facility:a 84 Sub-total from Above: 311 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seg.,and South Bend Municipal Coe Sec.2-76 et seq.,for this petition state the above. Submitted By: I ,...."1-64/ r) Date: 6/19/2023 For Staff Use Only Below This Une Land:$10,800 What It the current assessed value? I Real Property: I N/A-Vacant Lot Personal Property: N/A What Is the projected assessed value? IJ Real Property: JI 5472,617 Personal Property: N/A What is the tax key number far this project? 71-08-13-152-001.000-026 8 71-08-13-152-002,000-026 What Is the six digit NAICS code? N/A Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One N/A-City owned Year Two N/A-City owned Year Three N/A-City owned Year Four N/A-City owned Year Five N/A-City owned Please fill out the following Public Benefit Summary Information and add to total from above. jY or N1 Points Points Public Benefit Item: project Related! 5 A. Redevelop a Site that has Special Needs Y 49 49 B. Develop Based on Local University Research N 0 15 C. Achieve a Physical Element of a Plan y 36 3b Sub-total Project Related: 85 120 6 Mar Size Pr4Jects(paint values are cumulativeL A. 100%to 199% Y 25 25 B. 200%to 299% Y 68 68 C. 300%to 399% V 65 65 D. 400%and Over Y 52 52 Sub-total Super Size Projects: 210 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 0 Pay for 76-100%of Extension Cost N 0 52 ISub-total Infrastructure Related: I 131 Total from Applicant Section:311 539 Total from Staff Section: 295 461 Total Public Benefit Points: Filed-in-Clerk's OOQ Filed in Clerk's Office JUN-2 U 2023 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office 4, STATEMENT OF BENEFITS 2023 PAY 2024 REAL ESTATE IMPROVEMENTS JUN 2 0 2023 State Form 51767(R7 I 1-21) FORM SB-1!Real Property d Prescribed by the Department of Local Government Finan DAWN M.JONESCITY(;L (i I I t, PRIVACY NOTICE _ This statement is being completed for real property that qualifies under! tuttvw.,,yirxAana.Lo e.tcfi (. by .,IN Any information concerning the cost 0 Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) paid of he property and specific salaries heQResidentiallydistressedarea(IC 6-1.1-12.14.1) properly owner Is ccoonffidengal by INSTRUCTIONS: C 1i 12.I.5.1. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant In making its decision about whether to designate en Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if N was mailed after April 10. A property owner who faded to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Real Property The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6.1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013,the abatement schedule approved by the designating body remains in effect. iC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer KCG Companies, LLC Address or taxpayer Number d: ave: 9311 N. Meridian St, Ste. 100 c,, Indianapolis Stat: IN ZIP: 46260 Name of contact person Telephone number E-mail address First Name:Todd Last Name: Jensen 317)688-1729 toad ionsan@kcgcompueios.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of dasional ng body Common Council of the City of South Bend Resolution number Location of property I County DLGF taxing district number Number and Street: 1202 S Lafayette Blvd. city. South Bend stater IN 21Pi 46624 St. Joseph 026(South Bend-Portage) Description of real property irnprovemenis,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) KCG Development is proposing a 50-unit, multifamily affordable housing 5/1/2024 development consisting of 30 one-bedroom &20 two-bedroom units. Estimated completion dale(month,day year) 8/1/2025 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salanus$ O Number Retained O Salanes $ 0 Number Addillonal 1 Salaries$ 40,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values o Plus estimated values of proposed project s 12,323,616 5 472,617 Less values of any property being replaced g o 6 Net estimated values upon Corrtpietion of project s 12,323,616 472,617 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) 0 Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative ° p, Dale signed(month,day,year)j /---' 6/20/2023 Printed name of authorized representative Title Todd Jensen Vice President of Development-Midwest Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area ha$been limited to a period of time not to exceed N/A calendar years'(see below). The date this designation expires is 12/31/2026 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements ®Yes No 2.Residentially distressed areas Yes EgiNo C. The amount of the deduction applicable is limited to$ N/A D. Other limitations or conditions(specify) N/A E. Number of years allowed: Year 1 0 Year 2 o Year 3 0 Year 4 0 Year 5 ('see below) Year 6 D Year 7 Year 8 Year 9 IN Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1.12.1-17? NI Yes 0 No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Common Council of the City of South Bend,Indiana Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer Is entitled to receive a deduction to a number of years that Is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that Is approved after June 30, 2013,the designating body Is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1,1-12.1-18,the deduction period may not exceed ten(10)years. (See IC 6-1.1-12.1-17 below) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-1/Real Property that Is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that Is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment In real and personal property. 2) The number of new full-time equivalent Jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's Investment. b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years. c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Filed in Clerk's Office JUN 2o2oJ23 DAWN M.JONES CiTY CLERK,SOUTH BEND iN Page 2 of 2 Aerial and Street Views d. iii Alj : +'. i iR 1 INir ..41../t ice i r i 1,4 1II I 1 E e0111400441112 LrM- 14 iil it i"' i 01eao94me4 I F 0- 1 hid p^I8aJaAeJei •gWOJ1.;seaypoN6upooimom te.. Ming''....,.;- 41144,11410001410110401100141030.- 0111049111:!iilarelnilaW SIISWOJJy;nog6upjoo1ma!A Project Renderings Ilk 111 111 J II llY•:ll KIK 1 11-'11'-'Li 01 r II r : :• I gi I ,1 _ :: : : :: gip_ to I ee 131 : Q ` s tai all& . 4.,- ii =1 arioto a If, _ i fees r;''V-c +'11413 fV gTRFFTI'1>-V\' 11 1 1 molmos FM FM I Err MIN—M 111111 LIU LA RIP= I=IIEIE11I I I I 1•.101 •1=••. 7.7.7.1.!....7.!Um Elm..m il. .m.m. ruM, 110 pip im! .+ E0N 11 P PIU - l m_... .-,:.-zi.....,,...rmig..............E__..............„.._.,_.. ,.... -. -....... iii.„....„__,_ ..,...__=._. I L ' Wafts-- 1.5 AM mil raililEUrcisfm11111=a— ILM 1E1 1.1 PLR I1ti NII. M ice illi N.a.f M-1111.rbillil.. j ' Filed in Clerk's Office JUL 0 5 2023 WN M.JONES CITY CDALERK,SOUTH BEND,IN I; 11% 1/4. CITY OF SOUTH BEND I ; :-; In Clerk'sOffice COMMUNITY INVESTMENT JIL 0 5 2023 UAWN MONES July 5, 2023 i Cl ERK,SOUTH.JBEND,[ _ J Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Declaratory Resolution: Mixed-Use Development Real Property Tax Abatement Petition for Five Corners LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a mixed-use development real property tax abatement petition submitted by Five Corners LLC, an Indiana Limited Liability Company. The petitioner plans to construct a new residential and retail development at the northeast corner of Eddy Street/State Route 23 and Campeau Street in South Bend. This petition package includes: Department of Community Investment's summary report Petition for abatement Statement of Benefits form (SB-1 / Real Property) Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner will construct 108 residential apartments, four(4) for-sale condo units, and approximately 5,000 square feet of retail space. The total private investment for the project is 31.5 million. The project meets the requirements established by Sections 2-79 et seq. and would qualify for a ten-year(10) mixed-use development real property tax abatement. Representatives from Five Corners LLC will be available to meet with the Committee on Monday, July 10, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please contact me at(574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov in Clerk's Office 0 5 2023 BILL NO. 23-42 DAWN M.JONEScRK,SOUTH BEND, INRESOLUTIONNO. 5039-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1144 Corby Boulevard, South Bend, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR Five Corners LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area described as: Key Number: 71-09-06-301-014.000-026 Commonly Known As: 1144 Corby Boulevard Legal Description: Lot 319 Park P13rd Add be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, is sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating the area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall expire on December 31, 2026. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 90% Year 3 - 80% Year 4 - 70% Year 5 - 60% Year 6 - 50% Year 7 -40% Year 8 - 30% Year 9 - 20% Year 10 - 10% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023,at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office JUL 0 5 2023 DAWCITYCLERK,SOUTH BEND,IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Mixed-Use Development Real Property Tax Abatement Petition for Five Corners LLC DATE: July 5, 2023 On June 30, 2023, a petition for tax abatement from Five Corners LLC was filed with the Office of the City Clerk. The petition seeks consideration for a mixed-use development real property tax abatement for property at the northeast corner of Eddy Street/State Route 23 and Campeau Street in South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. Project Summary The petitioner, Five Corners LLC, has partnered with HP Irish Corners LLC (a Holladay Properties entity)to build a mixed-use project. The project is being developed by HP Irish Corners LLC on a ground lease structure with Five Corners LLC. The project will consist of 108 residential apartments, four(4)for-sale condominiums, and 5,000 square feet of retail space. Private investment into this project is approximately $31.5 million. The project will greatly contribute to the walkable urban community south of Notre Dame's campus. Employment Impact By the end of 2024, the petitioner anticipates to create five (5) full-time jobs with an estimated annual payroll of$348,600. By the end of 2025, the petitioner anticipates to create nine (9)total full-time jobs with an estimated annual payroll of$602,200. This includes the jobs created in 2024. Tax Estimates The petitioner qualifies for a ten-year(10) mixed-use development real property tax abatement. Current estimated annual taxes: $12,800 Estimated annual taxes after the project's completion: $486,300 Total estimated taxes during the ten-year(10) abatement period: $4,862,900 o Estimated taxes being abated during the abatement period: $1,526,100 o Estimated total taxes to be paid during the abatement period: $3,336,800 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has been granted the following previous abatement. Resolution No. 4811-19: Seven-year(7) real property tax abatement for property at the northeast corner of Eddy Street/State Route 23 and Corby Boulevard. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River East Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a ten-year(10) mixed use development real property tax abatement under Division 5 (Mixed Use Development Real Property Tax Abatement). 2 10-Year Abatement July 5,2023 Five Corners LLC South Bend Portage Township Residential Real Property Tax Abatement Schedule• Type of Dwelling: Multi-Family Residence -108 units- Estimated Project Cost: $23,000,000 New Construction Property Address: 1144 Corby Boulevard Tax Key Number: 71-09-06-301-014.000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Assessed Value(AV) Land 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 $ 150,673 Structure(AV=80%Project Cost) 216,200 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 18,400,000 Gross Assessed Value 366,873 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 18,550,673 Abatement 100%90%80%70%60%50%40%30%20%10% Abatement Deduction 18,183,800) (16,365,420) (14,547,040) (12,728,660) (10,910,280) (9,091,900) (7,273,520) (5,455,140) (3,636,760) (1,818,380) Net Assessed Value 366,873 18,550,673 366,873 2,185,253 4,003,633 5,822,013 7,640,393 9,458,773 11,277,153 13,095,533 14,913,913 16,732,293 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 19,407 981,275 19,407 115,593 211,780 307,967 404,154 500,341 596,528 692,714 788,901 885,088 Local Tax Credit(8.7112%of GT-DS) 1,563) (79,022) (1,563) (9,309) (17,055) (24,800) (32,546) (40,292) (48,038) (55,784) (63,530) (71,276) Circuit Breaker Credit 5,371) (457,093)51,228) (132,401) (213,574) (294,747) (375,920) Taxes Due 12,473 $ 445,161 $ 17,844 $ 106,285 $ 194,726 $ 283,167 $ 371,608 $ 408,820 $ 416,088 $ 423,356 $ 430,624 $ 437,892 3% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 11,006 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 371,013 Debt Service(0.3997%of Net AV) 1,466 74,147 1,466 8,734 16,003 23,271 30,539 37,807 45,075 52,343 59,611 66,879 Max Tax Under the Cap 12.473 445161 372,480 379,748 387,016 394.284 401,552 408,820 416,088 423,356 430,624 437,892 Combined Year Abatement Current Taxes New Current& Taxes Abated Net Taxes Due Projected Tax Paid New Taxes 1 100% $ 12,473 $ 432,688 $ 445,161 $ (427,317) $ 17,844 2 90% 12,473 432,688 445,161 (338,876) 106,285 3 80% 12,473 432,688 445,161 (250,435) 194,726 4 70% 12,473 432,688 445,161 (161,994) 283,167 5 60% 12,473 432,688 445,161 (73,553) 371,608 6 50% 12,473 432,688 445,161 (36,340) 408,820 7 40% 12,473 432,688 445,161 (29,072) 416,088 8 30% 12,473 432,688 445,161 (21,804) 423,356 9 20% 12,473 432,688 445,161 (14,536) 430,624 10 10% 12,473 432,688 445,161 (7,268) 437,892 Total: 124,726 4,326,879 4,451,605 (1,361,195) 3,090,410 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023 mar Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then-current tax rates. 71- City of South Bend 10-Year Abatement July 5,2023 Five Corners LLC South Bend Portage Township Commerical Development Real Property Tax Abatement Schedule* Type of Property: Retail Establishment Estimated Project Cost: $ 1,500,000 New Construction Property Address: 1144 Corby Boulevard Tax Key Number: 71-09-06-301-014.000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Assessed Value(AV) Land 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 $ 9,827 Structure(AV=80%Project Cost) 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 Gross Assessed Value 9,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1,209,827 1209,827 Abatement 100% 90%80%70%60%50%40%30%20%10% Abatement Deduction 1,200,000) (1,080,000) (960,000) (840,000) (720,000) (600,000) (480,000) (360,000) (240,000) (120,000) Net Assessed Value 9,827 1,209,827 9,827 129,827 249,827 369,827 489,827 609,827 729,827 849,827 969,827 1,089,827 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV)520 63,996 520 6,867 13,215 19,563 25,910 32,258 38,606 44,953 51,301 57,649 Local Tax Credit(8.7112%of GT-DS) 42) (5,154)42) (553) (1,064) (1,575) (2,087) (2,598) (3,109) (3,620) (4,131) (4,642) Circuit Breaker Credit 144) (17,712)1,642) (6,998) (12,355) Taxes Due 334 $ 41,130 $ 478 $ 6,314 $ 12,151 $ 17,987 $ 23,824 $ 29,660 $ 35,497 $ 39,692 $ 40,171 $ 40,651 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Circuit Breaker Cap 295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 36,295 Debt Service(0.3997%of Net AV) 39 4,836 39 519 999 1,478 1,958 2,437 2,917 3,397 3,876 4,356 Max Tax Under the Cap 334 41,130 36,334 36,614 37,293 37,773 38,253 38,732 39,212 39,692 40,171 40,651 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax Paid New Taxes 1 100% $ 334 $ 40,796 $ 41,130 $ (40,653) $ 478 2 90% 334 40,796 41,130 (34,816) 6,314 3 80% 334 40,796 41,130 (28,980) 12,151 4 70% 334 40,796 41,130 (23,143) 17,987 5 60% 334 40,796 41,130 (17,307) 23,824 6 50% 334 40,796 41,130 (11,470) 29,660 7 40% 334 40,796 41,130 (5,634) 35,497 8 30% 334 40,796 41,130 (1,439) 39,692 9 20% 334 40,796 41,130 959) 40,171 10 10% 334 40,796 41,130 480) 40,651 Total: 3,341 407,964 411,305 (164,880) 246,425 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. 4f Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend City of South Bend instructions:Complete pages 1-3 viii,;.: AND the proper Form SB-1 for Petition for Incentives the type of abatement(real7.4 property or personal property) i1L .Petition must include a$250 filing fee payable to the U4'Clerk's Office for which you are applying. , before processing can be complete 1' rk\\`General Information Project Name 5-Corners Project Number S Legal naofme artD' steredwith Five Corners LLC e' r./(fy ` O Ce Business structure Limited Liability Company C/I} J L Company CLQ Q? r / website C- i+y www.liveinsouthbend.com R ti%..i r /k, cf ,Proposed Project Information Proposed project address Parent company name C1144CorbyBlvdFiveCornersLLC CrN 1 Oty,State'Zip South Bend, IN 46617 caner Five Corners LLC Sita acreage or acreage required 2 8 b the real•estate owned Leasedorleased? Square feet of fadlity 172,955 Nleased,by whom?HP Irish Corners LLC Primary Contact Information Primary company contact name Anne Hayes Title Member Address ofcompany contact 814 Marietta Street PItme 574-210-5167 Citv,Stite,.zfp South Bend,IN 46601 Email ahayes©telecompark.com Senior Official Information Company senior official name N/A nue Address of company contact ifdifferenttrom shove) Phone City.State,Zip Email Consultant Information/Agent Mired business consuhamlagent name N/A Consultant release?(v/N) Address tonal economic development partners approval?(Y/N) City.State,IIp Email Project Overview Brief description of your company,proiec w'd why the We are proposing the development of a mixed-use project at the propertyulsnecessary for intersection of State Route 23 and Corby Boulevardgrowth 1144 Corby Blvd. The project will be known as 5-Corners and feature 108 residential apartment units (+/- 152,026 SF), four for-sale condo units (+/- 9,200 SF), and +1- 5,000 square feet of retail.The project is being developed by HP Irish Corners LLC (a Holladay Properties entity)on a ground lease structure with Five Corners, LLC. This will continue to develop the neighborhood south of Notre Dame's campus and help foster a walkable, urban community with various housing and commercial options. Total project investment is anticipated to be approximately$31.5 million. CertifiedTedsnology Park appropriate N/A I the project in a Tax Incremental Financing RIF)area?if so,much? River East Nave Building Permits been issued?(YIN) Number of residential units created byNote-Not eligible for abatement if Yes) N project 108 If this is a petition for personal property tax abatement,has the equipment been Installed? N/A Investment Details Public Infrastructure needs Has any 504 funding been What is the value of any equipment being purchased in What Is the value Of any equipment beingoff-site of prefect lo dollars) received? Indiana for the project? purchased from out of state for the project? None No N/A N/A New Project Investments Calendar Year 2022 2023 2024 2025 2026 2027 2028 2029 Land Acquisidoo i Building Lease Payments 5 '57 000 00 5'57 000 00 5 157.000 00 5 157.000 00 S 157 00C 00 5 157.000 00 S 5•7.000 00 r Building Purchase Costs 1 New Building Construction JcoS5c0000 00 h Existing Building Improvements l r Nev.Machinery S Equipment I r' fr Special Tooling/Retooling I _ n. / /t `• N.6'Sr`;› New Furniture/Fixtures e4 n V/ CS500,000 00 11:j— r%'fdi 1 6 New Computer/IT Hardware s 250 300 00 C.<4.:',„'471,7" / 1 New Software 15 50,000 00 I '•NS'OJ j s 1 ro r /On-site Bail infrastructure y,(i,, On-site Fiber Mb mcructure 1TOTAL0.00 S i 1.157,000 00 5 1E457.000 00 $157,000.00 $157,000.00 S 157,000.00 :S 757,000,00 S 1'57,000,00 N\/ % Full-Time Permanent Indiana-Resident Positions by Calendar Year rli Ty4=r vesr I lobs•eta reli I Nngiy I fnnrglgtiw d ni ngt NrW hull tlmo I tlnnrhy aver-aoe tuaer,win I Total traininv I Taitaf#to be average permanent jobs created atproiect benefits or bonuses,of expenditure- trained-not wage,wio benefits or ahmulative net new jobs riot cumulative bonuses cumulative 2023 0 0 00 2024 c 34 86 15,000 3 20259 S 31 70 12026 12027 2070 2029 711101 2031 2032 2033 2034 Provide hourly wage information for new employees in the following positions. null time Part time laborers 15 00 i 13 O0 Technical j 27 00 Managerial S 33 00 Administrative 1 n on Who will be the Individual resporssibie for coordinating with WorkOneonrecruiting? I Jackie Green-SVP Property Management-Holladay Properties Does your company have an EEO hiring policy? Y Are you an EEO employer? Y Please list the chamber of full time and part time minority and/or female Please describe your commitment to employees for the following years-. diversity and inclusion by detailing your Year outreach and recruitment efforts for the last 2323 2022 2021 three years is well as curtertt polices. IIIIIIIIIIIIIIIIK hull lime Part Time Full Time Part Time Full Time PartTime Rude This will be a new operation Hispanic and Holladay Properties has Asian reached out to the Office of Diversity,Compliance andIndian Inclusion in an effort to identify Female a more diverse employee and Other subcontractor candidates pool. N f ; Complete below for Real or Personal Property Tax Abatement onlyh SQ Please sign for all requested incentives. ter; L Public Benefit Item: 0- ', Information is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify y Please complete the table below with the appropriate information. If Earned Points Available Points 1/Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Y 20 20 B. Purchase Materials from Local Companies(75%) Y 20 20 I C. 'Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage N 22 E Require Health Benefits Y 22 22 F. Require Retirement Benefits N 18 G. ,Maintain Affirmative ActionPlan Y 20 20 Sub-total Construction Related: 101 141 2 Wage&Benefit Related(Owner); A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Retirement Benefits Y 29 29 D. Provide Training Y 28 28 E. 'Provide Child Care N 15 F Provide Transportation Assistance N 14 G (Provide Employer Assisted Housing program N 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related- A. Create New Jobs Y 42 42 B. Retain Existing Jobs N/A 41 r C. Maintain Affirmative Action Plan N 35 D. Provide Targeted Hinng Preference N 34 Sub-total Workforce Related: 42 152 4 Supporta Municipal Facility: Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) Y 84 84 Name of Facility Zoo&VPA I Sub-total Municipal Facility: 74 84 Sub-total from Above: 351 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I_C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By: i ,,irvkp j}i-yaa Date: 06/30/2023 rJl, For Staff Use Only Below This Line \--.), ` r 9; f• Land. IMO15 'O Pse'% &) What is the current assessed value?Real Property: e . -t!/ 12,00 Personal Property... `,94../1/„„; () \`F; What Is the projected assessed value? Real Property: DOd .4,644 two Personal Property: *\sO `e."- What is the tar key numbrfor thisproject? 7/-09 -04 .-?o/-O/'/.oco --D 2(v '-i r(\`:,' `/o(r J What Is the sixdlgltNAKSScode? sX) 4 Please attach a Google map end street view Of ttie location. ' Please lit the amount of real and personal property taxes Reel Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One7 ty yrZOZZ I 91.2. /6 Year Two 2.0 Li 4,6 /5.O( Year Three 202-0 5 -I/-V02- Year Four to/ pf 3.36.2_5' Year five joi . 3977 , 3 7 Please fill out the following Public Beneft Summary Information and add to total from above. tff or N T Points Points Public Benefit Item: Project Related: 5 A, Redevelop a Site that has Special Needs y I 19 B. Develop Based.on Local University Research l] 35 C. Achieve a Physical Element of a Plan Y 36 36 t l Sub-total Project Related: pS 120 6 Super Size Protects Iooint values are cumulative): A. 100%to 199% y 25 25 B. 200%to 299% y Dor 68 C. 300%to 399%r,j 65 D. 1400%and Over Y 5 Z 52 Sub-total Super Size Projects: 7/0 210 7 Pay for Municipal Infrastructure: A_ (Pay for Oversizing or Upgrading II 14 B. Pay for 26-50%of Extension Cost IV l26 C. Pay for 51-75%of Extension Cost if 39 0. Pay for 76=1'00%of Extension Cort 52 6 Sub-total Infrastructure Relate*131 Total from Applicant Section: 351 539 Total from Staff Section: 245 461 Total Public Benefit Points:6 / Co 1000 STATEMENT OF BENEFITS n ierk's o rf t 2023 PAY 2024 REAL ESTATE IMPROVEMENTS C? I State Form 3 i 7;- a 1-21 FORM SB-1 1 Real Property Prescribed by the Deoaitment of Local Government FinanceL_______ Filed JtiN O ? , l/71 PRIVACY NOTICE I his statement is oeing cornoleted for real property that qualifies under the fodi (ic_ecx one 0011/A,ny nformation conc ruing the costjRedevelopmentorrehabilitationofrealestateimprovements(IC 6-1.1-12C -"t4.JO.•• Iof the pop>_ry and snecifc salariesResidentiallydistressedarea(IC 61.t-12,1 4.1) fl s S paid to individual employees oy theKoUTH'B property owner is confidential per INSTRUCTIONS N IC 5-1 +-12.+-5 1 I This statement must be submitted to the body designating the Economic Revitalization Area prior to the public n if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction 2 The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction 3 To obtain a deduction.a Form 322 PE must be filed with rhe county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30i days after the assessment notice is mailed to the property owner rf it was mailed after April 10 4 property owner who failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year 4 A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1,14eal Property The Form CR-1/Real Property should be attached to the Form 322./RE when the deduction is first claimed end then updated annually for each year the deduction is applicable IC 5-1 1-12 1-5 1(b) 5 For a Form S8-1/Real Property that is approved after June 30. 2013 the designating body is required to establish an abatement schedule for each deduction allowed For a Form S8-1/Real Property that is approved prior to July 1. 2013. the abatement schedule approved by the designating bodyremainsineffectlC5-1 1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayei iFve Corners LLC Address of taxpayer Nir„t,i taxpayer 814 Marietta Street South Bend IN ZIP, 46601 Name of contact person Telephone number E-mailpaddress FirstN.inm.Anne L......firs" Hayes 574) 210-5167 ahayes@teicompark.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution numberCommonCounciloftheCityofSouthBend vocation of property County DLGF taxing district number Numnci mil;,rrr 1 144 Corby Boulevard South Bend . t rL IN Z11 46617 St. Joseph 026(South Bend-Portage) Description of real property improvements redevelopment,or rehabilitation(use additional sheets it necessary) Estimated start date(month.day.year) Redevelopment of vacant land into two buildings featuring 108 rental 9/13/2023 Estimated completion date fmoeth,day year,apartment units and retail space 8/31/2025 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT i Current NumberSalaries Salaries NumberAn7. '"3i Salaries00009 S 570.600 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS 1 COST ASSESSED VALUE Current values s o S 216,200 i Plus estimated values of proposed project 25.500,000 19.600,000 Less values of any property being replaced S o S 2'6.200 Net estimated values upon completion of project 3 24,500.000 19.600,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) timated hazardous waste eorverteu ;po.a;asi Other benefits The project is being developed to meet the National Green Building Standard for sustainability and energy efficiency. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true Signature of authorized representative1 , 1.-11 loofa signed(month,day year) j1-, moo' 6/30/2023 I Printed name of authorized reoresentative Anne'Hayes Member age 1 of 2 FOR USE OF THE DESIONATMO DODY We find that the applicant;meets the general standards in the resolution adopted or to ne adopted by this oody. Said resolution.passed or to be passed under IC 5-1 I-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' ;see ielowt The date this designation expires is NOTE This question addresses whether the resolunon contains an exprraton dare for the designated area B The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements ]Yes El No 2.Residentially distressed areas Yes No C The amount of the deduction applicable is limited to S El Oilier limitations or conditions ,. o .:N'yiV E. Number of years allowed Year 1 Year 2 0 Year 3 Year 4 Year 5 (`see below) Year 6 Year 7 CjYear Year Year 10 F For a statement of benefits approved after June 30,2013.did this designating oody adopt an abatement schedule per iC o-i 1-12 I-17: Yes Li No If yes.attach a copy of the abatement schedule to this form. if no the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and ride of authorized member of designating body) Telephone number Date signed(month.day year) i Printed name of 3uthorizad memoer of designating body Nam.of,.exignetinp hndy Attested by(signature and title of attester) Printed name of attester If the designatm0 hndy limits the lime period during which an area is an economic revitalization area.that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1 1-12 1-17 A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1.2013,the deductions established in IC 6-1 1-12.1-4 1 remain m effect.The deduction period may not exceed five(5)years, For a Form SB-1/Real Property that is approved after June 30 2013.the designating body is required to establish an abatement schedule for each deduction allowed Except as provided in IC 6-1 1-12.1-13,the deduction period may not exceed ten(10)years. (See IC 5-1.1-12 1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1.2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30.2013,the designating body is required to establish an abatement schedule for each deduction.allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-121-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's Investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC 5-1 1-12.1-18,an abatement schedule may not exceed ten(t0)years. c)An abatement schedule approved for a particular taxpayer before July 1.2013.remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. l l 1%6,-41 In Clerk sotiyN O,N Page 2 of 2 Aerial and Street Views 1 1 f T- 1 1-.1t R• , ... ..•,. 4- ...k.,:n4t)- - 1 fo , to 4/6 •#,11.4k / OP,.. tif iii. N.*:;-‘,.., 1 IIiii: •• • i, 4 15 / ''' 4 t. j al. It. e, t I W - • f4'*_ ' ' 4:-t,, •. ''' t N, N . is • 4"1, "; ' 6/ t t :44 i V t— 11.121 11 I j , 4 ,...• f. t • P L IF. 1 imuftwitiax 44i. II .er er rip -l'or. 1-- -------i7r ... View Looking Northeast from Corner of Eddy Street and Campeau Street trtv i -,• s 1 I Attiott, 41,44*:::- c ' .-- , .-- or10:1,,,ipuiotigi MI r kJ ANN View Looking East from Eddy Street rt ?- ati nom. A Orsi View Looking South from Corby Boulevard ti A. vim." ... View Looking West from Corby Boulevard Near N. Arthur Street e- View Looking West-Northwest from Campeau Street x" :.. TY. f`. ^ Yie.,.. t . 1 ice, y.(1 5;r"L; "' L Project Renderings 4attititil is j FYI; Ill I.t 7''''''-'4 ' 1,„,....... '.. \tyT.i3 """As= yi 1-!:11(A.!...,..,„ epi s.', w. le Sy, M1 N r qpl isoj 4 < v1F y j". P 46'. - ' • '—'. 4,, 4'0,-' k ,•• -,-,,,,.:0, tA .'. ... . n" • PtrT a . r epp. 446.,''' 1., _ ' t. f fat ", 7". ,,'46*. a - R4:-' N•r4y 4%.poke,,•_` L°:;, ss 1 r IA • A. i i R .M! t il,'(' I p i;`, I f 1 41 1!' -'I Y 14/1 IA Y!i^ i \ .. . r ••••• r"4:•..1,,, s. t 1 r A • j P c.. lot _ , . _ • ,, , er s )ffIC@ JUL 0 5 2023 DAWN—a.—JONES CITY CLERK,SOUTH BEND,IN CITY OF SOUTH BENnC1erice COMMUNITY INVESTMENT JUL 5 2H2g NJ, INEONEs CITY CLERK, July 5, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Confirming Resolution: Retail Development Real Property Tax Abatement Petition for Peak Investment and Asset Management LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a retail development real property tax abatement petition submitted by Peak Investment and Asset Management LLC, an Indiana Limited Liability Company. On June 26, the Common Council approved Declaratory Resolution No. 5030-23 for this abatement. The Council will now consider the Confirming Resolution. This petition package includes: Department of Community Investment's summary report Petition for abatement Statement of Benefits form (SB-1 / Real Property) Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to construct a retail center consisting of two brand new buildings (10,300 square feet total) at the corner of Portage and Elwood Avenues in South Bend. The site is currently a vacant gas station. The total private investment for the project is $1.44 million. The project meets the requirements established by Sections 2-79 et seq. and would qualify for a five-year(5) retail development real property tax abatement. A representative from Peak Investment and Asset Management LLC will be available to meet with the Committee on Monday, July 10, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please contact me at(574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www southbendin.gov Filed in Clerk's Office BILL NO. 23-43 JUL n 5 2023 RESOLUTION NO. 5040-23 DAWN IVi.JONES CITY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1405 Portage Avenue, South Bend, IN 46616 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR Peak Investment and Asset Management LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-03-35-360-020.000-026 Commonly Known As: 1405 Portage Avenue Legal Description: Lot C Victory Add& Vac Alley N&Adj& Ex Se Tri Cor to City 20/21 Con w/018-2182-6830 Per Assessors Req IC 6-1.1-5-16 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for retail development real property tax abatement only and shall expire on December 31, 2026. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of five (5) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 90% Year 3 - 80% Year 4 - 70% Year 5 - 60% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023,at o'clock m. James Mueller, Mayor pled in Clerk's Office City of South Bend JUL 0 5 2023 CITY CLERK,OUTTH BEND,IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Retail Development Real Property Tax Abatement Petition for Peak Investment and Asset Management LLC DATE: June 21, 2023 On June 13, 2023, a petition for tax abatement from Peak Investment and Asset Management, LLC was filed with the Office of the City Clerk. The petition seeks consideration for a retail development real property tax abatement for property located at 1405 Portage Avenue in South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. Project Summary Peak Investment and Asset Management LLC purchased the former Speedway gas station located at 1405 Portage Avenue in 2022 and plans to develop a neighborhood shopping center(10,300 square feet). The center will consist of two brand new buildings separated by a parking lot, which will be accessed from Elwood Avenue. One of the buildings will include three (3) storefronts directly on Portage Avenue. The expected private investment in the project is$1.44 million. This neighborhood shopping center is anticipated to provide retail space opportunity for small business owners, which in turn should create 15-20 new jobs. The project is intended to bring livelihood to the community with a stated goal of dedicating the shopping center to District 1 of the City of South Bend. Employment Impact Peak Investment and Asset Management LLC is projecting that the shopping center will lead to the creation of at least 15 new positions with an average starting wage of$16 per hour in the first year of operations. Jobs would be created by tenants. Tax Estimates The petitioner qualifies for a five-year(5) retail development real property tax abatement. Estimated taxes due annually for the current property: $2,771 Estimated annual taxes after the project's completion: $39,437 Total estimated taxes during the five-year(5) abatement period: $197,183 o Estimated taxes being abated during the abatement period: $124,908 o Estimated total taxes to be paid during the abatement period: $72,275 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or is associated with a previous abatement. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a five-year(5) retail development real property tax abatement under Division 4 (Retail Development Real Property Tax Abatement), Section 2-79 (Retail developments in Central Business District, East Bank Development Area and Tax Abatement Impact Areas). 2 5-Year Abatement June 16,2023 Peak Investment and Asset Management LLC South Bend Portage Township Commerical Development Real Property Tax Abatement Schedule" Type of Property: Retail Establishment Estimated Project Cost: $ 1,400,000 New Construction Property Address: 1405 Portage Avenue Tax Key Number: 71-03-35-360-020,000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Assessed Value(AV) Land 40,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000 Structure(AV=80%Project Cost) 41,500 1,120,000 1,120,000 1,120,000 1,120,000 1,120,000 1,120,000 Gross Assessed Value 81,500 1,160,000 1,160,000 1,160,000 1,160,000 1,160,000 1,160,000 Abatement 100% 90% 80% 70% 60% Abatement Deduction 1,078,500) (970,650) (862,800) (754,950) (647,100) Net Assessed Value 81,500 1,160,000 81,500 189,350 297,200 405,050 512,900 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 4,311 61,361 4,311 10,016 15,721 21,426 27,131 Local Tax Credit(8.7112%of GT-DS) 347) (4,941) 347) 807) (1,266)1,725)2,185) Circuit Breaker Credit 1,193) (16,983) Taxes Due 2,771 $ 39,437 $ 3,964 $ 9,209 $ 14,455 $ 19,701 $ 24,946 3% 3% 3% 3% 3% 3% 3% Circuit Breaker Cap 2,445 34,800 34,800 34,800 34,800 34,800 34,800 Debt Service(0.3997%of Net AV)326 4,637 326 757 1,188 1,619 2,050 Max Tax Under the Cap 2,771 39,437 35,126 35,557 35,988 36,419 36,850 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax New Taxes Paid 1 100% $ 2,771 $ 36,666 $ 39,437 $ (35,473) $ 3,964 2 90% 2,771 36,666 39,437 (30,227)9,209 3 80% 2,771 36,666 39,437 (24,982) 14,455 • 4 70% 2,771 36,666 39,437 (19,736) 19,701 5 60% 2,771 36,666 39,437 (14,490) 24,946 Total: 13,854 183,329 197,183 (124,908) 72,275 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend I Filed in clef*,s ffice City of South Bend Instructions:Complete pates 1-3 AND the proper Form SFS- for Petition for Incentives the type of abatement(WI i (1? property or personal pro erty( I VVV Petition must include a$250 filing fee payable to the City Clerk's Office for which you are applyir g. before processing can be complete Ty j`CJAV lN M JU E ~ General Information Project Name isc Project Num er i Rt ,SOV I H BEND IN Legal name as registered with Secretary of State Peak Investment and Asset Management LLC Business structure Domestic Limited Liability Company Company website N/A Proposed Project Information Proposed project address 1405 Portage Ave Parent company name City,State,Zip South Bend, IN 46616 Legal owner st Managem;r: Site acreage or acreage required ip the ramal esten,awned 0.4 or leased? Owned Square feet of facility 10,300 If leased,by whom? Primary Contact Information Primary company contact name Praveen K Gulati Title Owner/Manager Address of company contact 5199 Gardenia Ct Phone ( 765)412-0756 civ,State,Zip West Lafayette, IN 47906 Email praveeng217@gmail.com Senior Official Information Company senior official name Title Same as above Address of company contact Phone if different from above) City,State,Zip Email Consultant Information/Agent Hired business consultant/agent name N/A Consultant release?(Y/N) Address Local economic development partners approval?(Y/N) City,State,Zip Email Project Overview Brief description of your company,project,and why the It is with great enthusiasm that we present this proposal for our property is necessary for neighborhood shopping center NSCbringThisprojectwill livelihood economic growth to the community n this area by providing opportunities for small business ownerships and creating 15-20 jobs for area residents. The main goal of our organization is to dedicate this shopping center to District 1 of the City of South Bend. Certified Technology Park appropriate N/A Is the project in a Tax Incremental Financing TIF)area? If so,which? River West Have Building Permits been Issued?(Y/NI Number of residential units creatml by Note-Not eligible for abatement if Yes) N Iwoject If this is a petition for personal property tax abatement,has L the equipment been Installed?N/A Investment Details Public infrastructure needs Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being Off-site of project in dollars) received? Indiana for the project? purchased from out of state for the project? 0 No N/A N;A New Projectinvestments Calendar Year 2022 2023 2024 2025 2026 2027 2028 2029 turd Acquisition ii.00 -=001.00 Budding Lease Payments Building Purchase Costs New Building Construction 1400.00c , Existing Building Improvements New Machinery&Equipment Special Tooling/Retooling New furniture/Fixtures New Computer/IT Hardware New Software On-vte Rail Infrastructure Os-sitr Fiber Infrastructure TOTS 27,000.00 $10 000.00 $1,aoo,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year I lobs retained Hourly Cumulative B of net NEW full time Hourly avert wage,w/o Total training Total B to be JVCNV permanent jobs created at project benefits or bonuses,of expenditure- trained-not wage,w/o benefits or cumulative net new jobs not cumulative bonuses cumulative 2023 2024 2025 1.5 16.00 2026 15 16.00 2072 15 16.00 2028 15 20.00 2029 15 20.00 2030 15 20.00 2031 15 22.00 2032 15 22.00 2033 15 S 22.00 2034 15 22.00 Provide hourly wage Information for new employees in the following positions. Full time Part time Laborers S 13.00 Technical ^ Managerial 15.00 Administrative 15.00 Who will be the individual responsible for coordinating with WorkOne on recruiting? Business Owner Does your company have an EEO hiring policy? Yes Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female Please describe your commitment to employees for the following years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year 2.023 2022 20 21 three years as well as current policies. 111111111111.11 Full Time Part Time Full Time Part Time Full Time Part Time Black Peak Investment arid Asset Management Hispanic does not have direct employees and employs third parties to manage our Asian properties.This will be case for this project.We are strongly committed to Indian developing a project that will be a point of pride for the neighborhood and will Female support job growth and the economic livelihood of the area. Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: information is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify Please complete the table below with the appropriate information. If earned Points Available Points Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors) A. Employ Local Companies(1S'A] Y 20 20 B. (Purchase Materials from Local Companies(75%)Y 20 20 C. Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage N 0 22 E. Require health Benefits N 0 22 F. Require Retirement Benefits N 0 18 G. Maintain Affirmative Action Plan N C 20 Sub-total Construction Related: 59 141 2 Wage&Benefit Related(Owned` A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits N 0 34 C. !Provide Retirement Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Er-ployer Assisted Housing program N 0 9 I Sub-total Wage&Benefit Related: 61 162 3 Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan Y 35 35 1 D. Provide Targeted hiring Preference Sub-total Workforce Related: Y 34 34 111 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. y y zoo,conservatory,museum,etc.) N' k7 84 Name of Facility 1 Sub-total Municipal Facility: Q /84 Sue-total from Above: 3'r 3/,5 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By: s1..)`-5' Date: oCz 1 o 1 202-1 For Staff Use Only Below This Line a , What Is the current assessed value?Real Property: r"r /4//,rJ Ells Personal Property: What Is the projected assessed value? Real Property: y J /i,„0/0Personal Property! What Is the tax key number for this project?71 '03 -35 -36,6 — 02.0.ove) —ez.4, What is the six digit NAILS code? ik1/fa Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Yy._ Year Two vYearThree ur!Hy a !f Year four L3 '.' Year Five 92 v SL.) Please fill out the following Public Benefit Summary Information and add to total from above. V or NI Points Points I Public Benefit Item: Pralecetgolated: t5A. 'tedevelop a Site that has Special Needs 1 It) 49 B. Develop Based on Local University Research h 35 C- ,Achieve a Physical Element of a Plan y 3L.7 36 Sub-total Project Related: 85 120 6 Super Size Projects(point values are cumulative): A. 100%to 194% 25 B. 200%to 299% 68 C. 300%to 399% j 65 r D.400%and Over 52 ISub-total Super Size Projects: 210 7 oa-for Munici alInhastructure:. A Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 iSub-total Infrastructure Related: 131 Total from Applicant Section: 2e1'3/5 539 Total from Staff Section: j5 r ------ 461 PuPoints! y v Flied in C1 ke',, Offi;;eTotalPublicBenefit JUN 13 Z0Z3 DAWN M.JONES CITY CLERK,SOUTH BEND,IN j IFiled in Clerk's Office de',""' a STATEMENT OF BENEFITS JUN 7 3 2023 2023 PAY 2024 4 REAL ESTATE IMPROVEMENTS t. State Form 51767(R7 i 1-21) FORM SB-1/Real Property 1/4,,..,... Prescribed by the Department of Local Government Finance DAWN M.JONES CITY CLERK,SOUTH ENIJ IN PRIVACY NOTICE This statement is being completed for real property that qualifies under the following n . e-(check'anebo nyy Information concerning the cost I]Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) of id to individrtyual and specific salariesties paid Individual employees by the Residentially distressed area(IC 6-1.1-12.1-4.1) property owner is confidential per IC 6-1.1-12.1-5,1. INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction.a Form 322/RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-121-5.1(b) 5, For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name ottaxpayer PEAK INVESTMENT & ASSET MANAGEMENT LLC Address of taxpayer Number and Strerr: 5199 Gardenia Ct City: West Lafayette state, IN ZIP, 47906 Name of contact personTelephone number E-mail address First Nnn Praveen :.,.Varve Gulati 765)412-0756 praveeng217@gmail.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name nt denigrating body Resolution number Common Council of the City of South Bend Location of property 1 County DLGF taxing district number umber and Street: 1405 Portage Ave „. South Bend ` tit.. IN Lip. 46616 St. Joseph 026(South Bend-Portage) Description of real property improvements,redevelopment,or rehabilitation fuse additional sheets if necessary) Estimated start date(month,day,year) New Neighborhood Shopping Center totaling 10,300 sq ft 3/1/2024 completion date(month,day,year) . 11/1/2024 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Numbero Salaries 0 Number Retained 0 Salaries $ O Number Additional 1 5 Salaries$ 480,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 31,000 41,500 Plus estimated values of proposed project 1,400,000 1,120,000 Less values of any property being replaced 37,000 41,500 Net estimated values upon completion of project 1,400,000 1,120,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) 0 Estimated hazardous waste converted(pounds) 0 Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized re entau e ^ ` Date signed(month,day.year) b 6("( al I X 2.3 Printed nam of authorized representative 1 Title Q t Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed N/A calendar years*(see below). The date this designation expires Is 12/31/2026 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements Yes 0N 2.Residentially distressed areas Yes ®No C. The amount of the deduction applicable is limited to$ N/A D. Other limitations or conditions(specify) N/A E. Number of years allowed: 0 Year 1 Year 2 Year 3 Year 4Year 5 (*see below) Year 6 El Year 7 Year 8 Year 9 D Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes E No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-18,the deduction period may not exceed ten(10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment In real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years. c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains In effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Filed in Clerk's Office LJUN 13 707-3 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Page 2 of 2 Aerial Views 4 s 4! i i E U mil- ...., ...-..., . riM7 yet T T • 4,y"-- . ..., ... 4 r ::• - 1 -:41 .4.11.4.911411- '11 . .1/1171 rk i• tte: • '.. .-. . 1-, 1 - - - ... 7''il 40111. % :.:-.- -;::: 4,' '.'s. kW!: . I, .NV Vela Ill 4h .,.,.. ,: ..;1... r- .. . 1. :41 14' y View Looking West from Portage Ave. f Y Y4- T Ten J 4600, S View Looking Northwest from Elwood Ave. Mt 4*A Mw i 44i4411, 4 Ty; ftp.. i 1 I, cD n liZ. 0. Cn CD 1 1 r 3IV ii . 1- 1, t_ 5 I 3, t R k1e 9}. t , a, IIF I r i k— i m y I is 6" 8 i r, c i.- a 3 N a' m D; ` Q m cn f co m N 3- 0ys mcn w O 2 July 5, 2023 CITY OF SOUTH Filc4d h-, BEN JUL 05 023 COMMUNITY INVESTMENT CITY Co WNM.JONES IN Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Confirminq Resolution: Multi -Family Development Real Property Tax Abatement Petition for Advantix Development Corporation Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a multi -family development real property tax abatement petition submitted by Advantix Development Corporation, an Indiana Domestic Nonprofit Corporation. The Council passed Declaratory Resolution No. 5037-23 on June 26. This proposed abatement is part of a support package partnering with Advantix, which is applying for rental housing tax credits through the Indiana Housing & Community Development Authority (IHCDA). The abatement will go into effect only if this project is chosen by IHCDA in this year's competitive Tax Credit application round. This petition package includes: Department of Community Investment's summary report Petition for abatement Statement of Benefits form (SB -1 / Real Property) Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to construct 50 residential units across 35 vacant lots spread throughout the City. The project will include a mix of single-family homes, duplexes, and townhomes. A representative from Advantix Development Corporation will be available to meet with the Committee on Monday, July 10, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County -City Building 227W. Jefferson Blvd. South Bend, Indiana 46601 p 574 235 9371 wwwsouthbendin.gov BILL NO. 23-44 RESOLUTION NO. 5041-23 Filed in Clerk's Office JUL 0 5 2023 DAWN! M. JONES CITY CLERK, SOUTH BEND, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Multiple Properties AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR Advantix Development Corporation WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas described as: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-187-013.000-026 911 Sherman Avenue Lot 23 Muessels 1st 71-08-02-187-014.000-026 909 Sherman Avenue Lot 22 Muessels 1st Key Number: 71-08-02-304-006.000-026 Commonly Known As: 813 N Cleveland Avenue Legal Description: 16 213 Ft S Side Lot 86 & 16 213 Ft N Side Lot 87 A G Cushings 4th Key Number: 71-08-02-304-007.000-026 Commonly Known As: 809 N Cleveland Avenue Legal Description: 33 113 Ft S Side Lot 87 A G Cushings 4th Add Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As 71-08-02-307-025.000-026 737 N Cleveland Avenue Lot 95 A G Cushings 4th 71-08-02-307-026.000-026 735 N Cleveland Avenue Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: Lot 96 40'N Side A G Cushings 4th Add 71-08-02-311-007.000-026 662 Lawndale Avenue Lot 6 Pleasant Home Add 71-08-02-311-009.000-026 654 Lawndale Avenue Lot 8 Pleasant Home Add Key Number: 71-08-02-326-011.000-026 Commonly Known As: 1217 Van Buren Street Legal Description: 33 Ft E Side 66 Ft W End Of Lots 81 & 82 & 33 Ft E Side 66 Ft W End 15 Ft S Side Of Lot 83 A G Cushings 4th Key Number: 71-08-02-326-012.000-026 Commonly Known As: 1215 Van Buren Street Legal Description: 33 Ft W Side 68 Ft E End Lots 81-82 & 33 Ft W Side 68 Ft E Side Of 15 Ft S Side Lot 83 A G Cushings 4th Key Number: 71-08-02-330-001.000-026 Commonly Known As: 1218 Van Buren Street Legal Description: 36 Ft X 100 Ft Nw Cor Lot 80 A G Cushings 4th Key Number: 71-08-02-330-002.000-026 Commonly Known As: 752 Cleveland Avenue Legal Description: 12 Ft S Side 100 Ft W End Lot 80 & 28 Ft NSide 100 Ft W End Lot 79 A G Cushing 4th Key Number: 71-08-02-330-003.000-026 Commonly Known As: 1216 Van Buren Street Legal Description: Lot 80 34'E End & 34'E End 28'N Side Lot 79 A G Cushings 4th Add Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-330-005.000-026 746 N Cleveland Avenue 35 Ft S Side Lot 78 A G Cushings 4th 71-08-02-330-006.000-026 744 N Cleveland Avenue Lot 77 A G Cushings 4th 71-08-02-333-013.000-026 716 Sherman Avenue N 35' Ex 10'X40' Se Side Lot 9 All Of Lots 10 & 11 43'S Side Lot 12 Cushing I st Add Key Number: 71-08-02-333-014.000-026 Commonly Known As: 702 Sherman Avenue Legal Description: Lot 9 88 Ft W End 15 Ft S Side & 88 Ft W End Of Lot 8 Cushings 1st Key Number: 71-08-02-335-001.000-026 Commonly Known As: 632 Sherman Avenue Legal Description: Lot 7 78 Ft W End 33 1-3 Ft N Side Cushings 1st Key Number: 71-08-02-335-002.000-026 Commonly Known As: 1014 Lindsey Street Legal Description: Lot 7 50 Ft E End 33 1-3 Ft N Side Cushings I st Key Number: 71-08-02-335-003.000-026 Commonly Known As: 630 Sherman Avenue Legal Description: 16 2-3 Ft S Side Lot 7 & 16 2-3 Ft N Side Lot 6 Cushings 1st Key Number: Commonly Known As: Legal Description: Key Number: Commonly Known As: Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-335-004.000-026 622 Sherman Avenue 33 1-3 Ft S Side Lot 6 Cushings 1st 71-08-02-356-041.000-026 1411 Linden Avenue Lot 92 Swygarts 1st Add 71-08-02-407-007.000-026 744 Harrison Avenue Lot 98 Cushing & Lindsey 71-08-02-407-008.000-026 740 Harrison Avenue 33 Ft N Side Lot 99 Cushing & Lindsey Key Number: 71-08-02-407-009.000-026 Commonly Known As: 736 Harrison Avenue Legal Description: 17 Ft S Side Lot 99 & 16 Ft N Side Lot 100 Cushing Lindsey Key Number: 71-08-03-203-028.000-026 Commonly Known As: 1202 Huey Street Legal Description: Lot 212 Mayrs Mich Ave Add Key Number: 71-08-03-227-014.000-026 Commonly Known As: 1322 NBrookfield Street Legal Description: Lot 148 C R Smiths 2nd Sub Key Number: 71-08-03-258-007.000-026 Commonly Known As: 1030 Obrien Street Legal Description: Lot 76 Mayrs Mich Ave Add Key Number: 71-08-03-384-004.000-026 Commonly Known As: 2518 Linden Avenue Legal Description: Lot 13 Kaleys I st Key Number: 71-08-03-384-007.000-026 Commonly Known As: 2506 Linden Avenue Legal Description: Lot 10 Kaleys 1st Key Number: 71-08-03-434-013.000-026 Commonly Known As: 630 Johnson Street Legal Description: Lot 13 Kauffman Place Key Number: 71-08-03-434-031.000-026 Commonly Known As: 641 NBrookfield Street Legal Description: Lot 24 Kauffman Place Key Number: 71-08-10-135-006.000-026 Commonly Known As: 2606 W Colfax Avenue Legal Description: Lot 696 Summit Place 3rd Add Key Number: 71-08-10-180-027.000-026 Commonly Known As: 218 S Meade Street Legal Description: Lot 622 Summit Place 3rd Key Number: 71-08-02-459-001.000-026 Commonly Known As: 622 W Marion Street Legal Description: Lot 5 & 6 Smith & Jackson Sub Key Number: 71-08-02-459-003.000-026 Commonly Known As: 620 W Marion Street Legal Description: Lot 7 Smith & Jackson Sub Key Number: 71-08-02-459-004.000-026 Commonly Known As: 618 W Marion Street Legal Description: Lot 8 Smith & Jackson Sub Key Number: 71-08-02-459-002.000-026 Legal Description: 21.5 Ft W End Lot 11 Smith & Jacksons Sub. Key Number: 71-08-02-459-005.000-026 Commonly Known As: 425 Leland Avenue Legal Description: Lot 11 Ex 21.5 Ft W Side Smith & Jacksons Sub. Key Number: 71-08-02-459-006.000-026 Commonly Known As: 421 Leland Avenue Legal Description: Lot 10 Smith & Jacksons Sub Key Number: Commonly Known As Legal Description: Key Number: Legal Description Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-459-007.000-026 419 Leland Avenue Lot 9 Smith & Jacksons Sub 71-08-02-459-008.000-026 Lots 12 3 & 4 Smith & Jacksons Sub 71-08-02-185-017.000-026 901 Blaine Avenue Lot 115 Muessels 2nd 71-08-02-185-016.000-026 905 Blaine Avenue Lot 116 Muessels 2nd be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for multi -family residential development real property tax abatement only and shall expire on December 31, 2026. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of ten (10) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 95% Year 5 - 95% Year 6 - 90% Year 7 - 90% Year 8-85% Year 9 - 80% Year 10 - 75% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of , 2023, at o'clock m. m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2023, at _ o'clock James Mueller Mayor Filed in Clerk's OfficeCityofSouthBend , i JUL 0 5 2023 DAWN M. JONES'' CITY CLERK, SOUTH BEND, IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Multi -Family Development Real Property Tax Abatement for Advantix Development Corporation DATE: June 21, 2023 On June 21, 2023, a petition for tax abatement was filed by Advantix Development Corporation for a low-income housing project that will result in brand-new infill housing throughout South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petitions (a copy of each is attached), investigated the area, and makes the following report. Project Summary Formed in 2007, Advantix Development Corporation serves as the not-for-profit development instrument of the Evansville Housing Authority. Its mission is to own, operate, acquire, and develop housing for low to moderate -income families. Since 2007, Advantix has served as developer and general contractor for both 4% and 9% Low Income Housing Tax Credit development projects. Advantix works with local jurisdictions to develop several types of affordable housing in Indiana and surrounding areas. Advantix is proposing to build 50 affordable housing units consisting of a mix of single- family homes, duplexes, and townhomes. The project will use the City's pre -approved housing plans. This is a scattered site project—which will provide much needed infill housing—on 35 different City -owned parcels, all of which are currently vacant Advantix is competing for Low Income Housing Tax Credits (LIHTC) with the Indiana Housing & Community Development Authority (IHCDA). Project completion is contingent upon receiving a satisfactory LIHTC award. If the project proceeds, Advantix has committed over $14 million to this project. Employment Impact Upon completion of the project, Advantix will create two (2) full-time positions with an estimated annual payroll of $80,000. Tax Estimates Due to being a LIHTC project that will increase the availability of affordable rental units within South Bend, a ten-year (10) multi -family real property tax abatement is being sought. a Current taxes are zero—properties are owned by the City of South Bend. a Estimated annual taxes after the project's completion: $59,878 a Total estimated taxes during the ten-year(10) abatement period: $598,782 o Estimated taxes being abated during the abatement period: $401,037 o Estimated total taxes to be paid during the abatement period: $197,745 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or is associated with prior South Bend abatements. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner qualifies for a ten-year (10) multi -family residential development real property tax abatement under Division 9 (Miscellaneous Real Property Tax Abatement), Section 2-84 (Council's Authority to Enlarge Real Property Tax Abatement General Standards). 10 -Year Abatement June 20, 2023 Advantix South Bend Portage Township Residential Real Property Tax Abatement Schedule " Type of Dwelling: Multi -Family Residence 50 units - Estimated Project Cost: 14,000,000 New Construction Property Address: Multiple Properties Tax Key Number: Multiple Properties True Tax Value Method: Income Income Income Income Income Income Income Income Income Income Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Assessed (AV) and Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 True Tax Value (TTV) Land (AV) 200,000 200,000 $ 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 Structure (Structure TTV) 2,295,238 2,295,238 2,295,238 2,295,238 2,295,238 2,295,238 2,295,238 2,295,238 2,295,238 2,295,238 Gross TTV 200,000 2,495,238 2,495,238 2,495,238 2,495,238 2,495,236 2,495,238 2,495,238 2,495,238 2,495,238 2,495,238 Abatement 100% 100% 100% 95% 95% 90% 90% 85% 80% 75% Abatement Deduction 2,295,238) (2,295,238) 2,295,238) 2,180,476) 2,180,476) 2,065,714) 2,065,714) 1,950,952) 1,836,190) 1,721,429) Net TTV 200,000 200,000 200,000 200,000 314,762 314,762 429,524 429,524 544,286 659,048 773,810 Property Taxes Assume constant tax rate of 5 2897% Gross Tax (Tax Rate x Net TTV) 10,579 10,579 10,579 10,579 16,650 16,650 22,721 22,721 28,791 34,862 40,932 Local Tax Credit (8.7112% of GT -DS) 852) 852) (852) 852) 1,341) 1,341) 1,830) 1,830) 2,319) 2,807) 3,296) Circuit Breaker Credit 2,928) Taxes Due 6,799 9,727 $ 9,727 9,727 15,309 15,309 20,891 20,891 26,473 32,054 37,636 3% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 6,000 49,905 49,905 49,905 49,905 49,905 49,905 49,905 49,905 49,905 49,905 Debt Service f0 3997% of Net TTV) 799 799 799 799 1,256 1,258 1,717 1,717 2,176 2, 634 3,093 Max Tax Under the Cap 6,799 50,704 50,704 50,704 51,163 51,163 51,622 51.622 52, 080 52,539 52,998 Total Tax Net Taxes Year Abatement Liabili Taxes Abated Paid 1 100% S 59 876 S (50,151) 9,727 2 100% 59,878 50,151) 9,727 3 100% 59.878 50.151) 9,727 4 95% 5987B 44,569) 15,309 f 5 95% 69.878 44.569) 15,309 6 90% 59 878 38,967) 20,891 7 90% 59.878 8.98 20,891 8 85% 59,878 33,40 26,473 9 80% 59.878 f 27,824 32,054 f 10 75% 598 22,242 37,636 Total: 698,782 4401,037) 197,745 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023 Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then -current tax rates City of South Bend City of South Bend Instructions: Complete pages 1-3 =" AND the proper Form 513-1 for Petition for Incentives the type oEabatement (real property or perianal property) Petition must include o 5250 frling fee payable to the City Clerk's Office for which you are applying. before processing can be complete General Information Project Name I North Pointe Apartments I _Project Number regal name as registered with SecretaryofState Advantix Development Corporation Business structure 501c3 not for Profit Company website www.advantixcorp cam Proposed Project Information _ Proposed project address 900 S Franklin St (main location) Parent company name Advantix Development Corporation City, State, Zip I South Bend, IN 46601 Legal owner N/A Site acreage or acreage required Is the real estate owned N/A or leased? Owned Square feet of facility 164,162 If leased, by whom? Primary company contact name Brandon Shields rue Broker & Busiress Development Manager Address of company contact 500 SE 10th St. Phone 8127223371 City, State, Zip I Evansville, IN 47713 Email brandon.shields@advantixcorp. cam firh Company senior official name TitleTimMartin COO Address of company contact Phone if different from above) Same as above 8124288500 CIty,State. Zip Email tim_martin@advantixcorp_com Cvnsultent•InforrrtattortrAge tT + j`'< j ! `' '?'71 ' !, •{, Hired business consultant/agent name f Consultant release? (Y/N) Address Local economic development partners Iapproval? (Y/N) City, State, Zip Email Brief description of your company, project, andwhythe This is a 50 unit, scattered site 9% LIHTC project. The property will property is necessary for consist 50 units scattered throughout the city. Tax sale and BEP unitsecanamitgrowth will be primarily used. The project will feature a modern design using the city's preapproved building plans. All of our projects are built LEED Silver standards, ensuring long term energy efficient homes. This project is vital as it adds valuable afff.rdi 0A.0k Rk sr6 fjbeut the city. Affordable housing is essential tc the I illy lel ill viability if an,t city. JUN 2 1 Zn? Certified Technology Park appropriate Is the project in a Tax Incremental Financing ITIF)area? If so, which? River West tiave Building permits been issued? IYJN( NNote -Noe eligible for abatement if Yes] It this is a petition for perianal property tax abatement, has the equipment been Installed? r)AWN IIA AnNPq CfTYCLERK, SOUTH BEND, IN Number of residential units created by protect 50 Investment Details - Public Infrastructure needs Has any SIX funding been What is the value of any equipment being purchased in What is the value of any equipment being Off-site of project in dollars) received? Indiana for the project? purchased from out of state for the project? New Project Investments Calendar Year Land Acquisition Btuldtng Lease Paymems Building Purchase Costs New Building Construction Eabdit Building Improvements New Machinery S Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New software Ornft Rail Infrastructure On -0" Fiber Infrastructure 2022 202-4 2024 0.00 0.00 0.00 5 14,000,000 00 O.00 0.00 0.00 0.00 0.00 0-00 0.00 0.00 2025 2025 2027 2028 2029 Calendar Year lobs retained Hourly Cumulative p of netZiM full time Hourly average wage, w/o Total training Total to be permanent jobs crested at project benefits or bonuses, of expenditure - trained - not wo benefits or cumulative net new Jobs not cumulative bonuses cumulative 2023 2024 2 $ 20.00 I2M 2026 2027 2028 2029 12030 12031 2032 12033 2034 fF Provide hourly wage information for new employees in the following positions. I Full time Parttime Laborers $ 20.00 Technrcai Managerial $ 20.00 Administrative riho wilt be the Individual responsible for coerdisating with woritOne on recruiting? Does your company have an EEO hiring policy Yes Are you an EEO employer? Plgase list the number full'tirre and part time minority and/or female employees forthe fallowing years: Filed in C191's Offira r com+ra4retnt to diversity end Ndvslon by d Ong your irea r armd a for the Isk Year 2023 2022 2021 p Full Time Part Time Full Time Part Time Full Time Par Time B dBEND, IN r JHYYIV M JUfVtJ HStack r l4f kl Aslan Indian Female Other Complete below for Real or Personal Property Tax Abatement or % Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. H Qualify you qualify for the points, please enter the full amount of available Yes or No) points. B. 1 I Construction Related (Contractors]- Yes A Employ Local Companies (75%) Yes 8. Purchase Materials from Local Companies (75%) Yes C. Require Employees vs. Independent Contractors No D. Require Prevailing Wage Yes E. Require Health Benefits Yes F. Require Retirement Benefits Yes G. Maintain Affirmative Action Plan Yes Sub -total Construction Related: 0 JUN 2.1 202: n eAYVN 11 . , ONES CM CI_RK. SOOTH RENO IN Earned Points Available Points 20 20 20 20 0 19 22 22 22 22 18 18 20 20 122 141 2 Wade & Benefit Related (Ownerl: A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 IC. Provide Retirement Benefits Yes 29 29 I D. Provide Training Yes 28 28 E. Provide Child Care No 0 15 F. Provide Transportation Assistance Yes 14 14 G. Provide Employer Assisted Housing program No 0 9 Sub -total Wage & Benefit Related: 138 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Sub -total Workforce Related: 152 152 4 Su&port a Munidoal Fa inty: a SS Municipal Facility (donations to the A Support zoo, conservatory, museum, etc.) Yes 84 84 Name of Facility TBD ISub-total Municipal Facility: ea I 84 Sub -total from Above: I 496 i 539 The undersigned owner(s) of real property, located within the Clty' of South Bend, herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et sea., and South Bend Municipal Code Sec. 2-76 et seo., for this petition state the above. I Submitted By: I Brandon Shields IDate: 106119/2023 I Fqr $J;i f:UR 6njy Belaw jibs Line L40,d : 1 LOo, o•s What is the current assessed value? Real Property: d Personal Property: What is the projected assessed value? IRealPrup ers 1 Property: IWhat is the tax key number forthis project? i 7 333!000 1 What is the six digit NAICS code? I / A Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last flue years when applicable. Year One Year Two Year Three I1YearFour Year Five 5 6 7 Please fill out the following Public Benefit Summary Information and add to total from above. Y or N 1 Points I Poin Public Benefit item: 1 ZS Project Related: B. 200% to 299% A. Redevelop a Site that has Special Needs y y % 49 B. Develop Based on Local University Research G 5 35 C. Achieve a Physical Element of a Plan Y 3 6 36 ISub-total Project Related: v's 120 Super Size Proiects (point values are cumuiativel: A. 100% to 199% 1 ZS 25 B. 200% to 299% v -0 68 C. 300% to 399% G 5 65 D. 400% and Over h 5%— 52 ISub-total Super Size Projects: 210 210 Pau for Municipal lrrfrdstructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50% of Extension Cost 26 C Pay for 51-75% of Extension Cost 39 D. Pay for 76-100% of Extension Cost 52 ISub-total Infrastructure Related: I 131 Total from Applicant Section: r l prk' GS SfICe Total from Staff Section: _ 1T IIiG jI " an+ Total Public Benefit Points: 77 % 1000 JUN 2 7.0-0 AWN j (NES CITY CLERK. ar UTh BEND, IN Please describe your commitment to diversity and inclusion by detailing your outreach and recruitment efforts for the last three years as well as current policies. Diversity & Inclusion is a commitment we have with an understanding that diversity doesn't mean one person of color, or one person of a different race, or even one gender. Our success cannot be attained without having a team that represents our entire community and those we serve. This starts with acknowledging that there are groups that are underrepresented and that within these groups are a wealth of untapped talent, leadership, and innovation. To achieve this, we enable equality of opportunity through fairness and transparency. Some of the ways we are committed to these initiatives are in our recruitment, hiring, training, and promotions. Our recruitment efforts include posting our positions on many job boards to include diverse job boards, geo fencing through a media company to target many underrepresented groups, job fairs at local colleges, and working alongside our WorkOne partners to provide on-the-job training opportunities to assist those that may not have all the necessary skills we are seeking. Our training efforts include Diversity, Equity, & Inclusion interactive training modules along with microagression interactive training. We have created career path training and mentoring to promote interested individuals as we believe everyone's differences and points of views allows for inclusivity and support for the entire workforce. Filed in Clerk's Office 4 JUN 2 1 20?:3 DAWN M, JONES -1 CITY CLERK, SOUTH BEND, IN Advantix Development Corporation — Petition for Abatement Key Number.- Commonly umber: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-187-013.000-026 911 Sherman Avenue Lot 23 Muessels 1st 71-08-02-187-014.000-026 909 Sherman Avenue Lot 22 Muessels 1st Filed in Clerk's Office it _ DAWN M. JONES CITY CLERK, SOUTH BEND, IN ; Key Number: 71-08-02-304-006.000-026 Commonly Known As: 813 N Cleveland Avenue Legal Description: 16 2/3 Ft S Side Lot 86 & 16 2/3 Ft N Side Lot 87 A G Cushings 4th Key Number: 71-08-02-304-007.000-026 Commonly Known As: 809 N Cleveland Avenue Legal Description: 33 113 Ft S Side Lot 87 A G Cushings 4th Add Key Number: 71-08-02-307-025.000-026 Commonly Known As- 737 N Cleveland Avenue Legal Description: Lot 95 A G Cushings 4th Key Number: Commonlv Known As Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As. Legal Description: 71-08-02-307-026.000-026 735 N Cleveland Avenue Lot 96 40'N Side A G Cushings 4th Add 71-08-02-311-007.000-026 662 Lawndale Avenue Lot 6 Pleasant Home Add 71-08-02-311-009.000-026 654 Lawndale Avenue Lot 8 Pleasant Home Add Key Number: 71-08-02-326-011.000-026 Commonly Known As: 1217 Van Buren Street Legal Description: 33 Ft E Side 66 Ft W End Of Lots 81 & 82 & 33 Ft E Side 66 Ft W End 15 Ft S Side Of ' Lot 83 A G Cushings 4th Key Number: 71-08-02-326-012.000-026 Commonly Known As: 1215 Van Buren Street Legal Description: 33 Ft W Side 68 Ft E F.nd Lots 81-82 & 33 Ft W Side 68 Ft E Side Of 15 Ft S Side Lot 83 .A G Cushings 4th Key Number: 71-08-02-330-001.000-026 Commonlv Known As: 1218 Iran Buren Street Legal Description: 36 Ft X 100 Ft Nw Cor Lot 80 A G Cushings 4th Key Number: 71-08-02-330-002.000-026 Commonlv Known As: 752 Cleveland Avenue Legal Description: 12 Ft S Side 100 Ft W End Lot 80 & 28 Ft NSide 100 Ft W End Lot 79 A G Cushing 4th Key Number: 71-08-02-330-003.000-026 Commonly Known As: 1216 Van Buren Street Legal Description: Lot 80 34'E End & 34'E End 28W Side Lot 79 A G Cushings 4th Add Key Number: Commonly Known As. Legal Description: Key Number: Commonly Known As. Legal Description: 71-08-02-330-005.000-026 746 N Cleveland Avenue 35 Ft S Side Lot 78 A G Cushings 4th 71-08-02-330-006.000-026 744 N Cleveland Avenue Lot 77 A G Cushings Ph Key Number: 71-08-02-333-013.000-026 Commonly Known As: 716 Sherman Avenue Legal Description: N 35' Ex 10 X40' Se Side Lot 9 All Of Lots 10 & 11 43'S Side Lot 12 Cushing 1 st Add Key Number: 71-08-02-333-014.000-026 Commonly Known As: 702 Sherman Avenue Legal Description: Lot 9 88 Ft W End 15 Ft S Side & 88 Ft W End Of Lot 8 Cushings 1st Key Number: 71-08-02-335-001.000-026 Commonly Known As: 632 Sherman Avenue Legal Description: Lot 7 78 Ft W End 33 1-3 Ft N Side Cushings 1st Kev Number: 71-08-02-335-002.000-026 Commonlv Known As: 1014 Lindsey Street Legal Description: Lot 7 50 Ft E End 33 1-3 Ft NSide Cushings 1st Key Number: 71-08-02-335-003.000-026 Commonly Known As: 630 Sherman Avenue Legal Description: 16 2-3 Ft S Side Lot 7 & 16 '-.? Ft N Side Lot 6 Cushings 1st Filed in Clerk's Office JUN DAWN M. JONES CITY CLERK, S;-,Lr'•'KB END IN D._. Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As: Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-335-004.000-026 622 Sherman Avenue 33 1-3 Ft S Side Lot 6 Cushings Is 71-08-02-356-041.000-026 1411 Linden Avenue Lot 92 Swygarts 1st Add 71-08-02-407-007.000-026 744 Harrison Avenue Lot 98 Cushing & Lindsey t Filed in Clerk's Office JUN c 12023 f DAWN M. J:NES 1 CITVGLEM(. SOUTH BEND, IN ; 71-08-02-407-008.000-026 740 Harrison Avenue 33 Ft NSide Lot 99 Cushing & Lindsey Key Number: 71-08-02-407-009.000-026 Commonly Known As: 736 Harrison Avenue Legal Description: 17 Ft S Side Lot 99 & 16 Ft NSide Lot 100 Cushing Lindsey Key Number: 71-08-03-203-028.000-026 Commonly Known As: 1202 Huey Street Legal Description: Lot 212 Mayrs Mich Ave Add Key Number: 71-08-03-227-014.000-026 Commonly Known As: 1322 N Brookfield Street Legal Description: Lot 148 C R Smiths 2nd Sub Key Number: 71-08-03-258-007.000-026 Commonly Known As: 1030 Obrien Street Legal Description: Lot 76 Mayrs Mich Ave Add Key Number: 71-08-03-384-004.000-026 Commonly Known As: 2518 Linden Avenue Legal Description: Lot 13 Kaleys 1st Key Number: 71-08-03-384-007.000-026 Commonly Known As: 2506 Linden Avenue Legal Description: Lot 10 Kaleys 1st Key Number: 71-08-03-434-013.000-026 Commonly Known As 630 Johnson Street Legal Description: Lot 13 Kauffman Place Key Number: 71-08-03-434-031.000-026 Commonly Known As: 641 NBrookfeld Street Legal Description: - Lot 24 Kauffman Place Key Number: 71-08-10-135-006.000-026 Commonly Known As: 2606 W Colfax Avenue Legal Description: Lot 696 Summit Place 3rd Add Key Number: 71-08-10-180-027.000-026 Commonly Known As: 218 S Meade Street Legal Description: Lot 622 Summit Place 3rd Key Number: 71-08-14-227-001.000-026 Commonly Known As: 900 S Franklin Street Legal Description: Lot I Sample & Lafayette Minor Sub 21/22 NP 1072 612212020 Filed in Clerk's Office I JUN 2 1 JONES C17YCLERK, SOUTH BEND, IN 0STATEMENT OF BENEFITS 2023 PAY2o24 REAL ESTATE IMPROVEMENTS S ` State Form 51767 (R71 1-21) FORM SBA / Real Property Prescribed by the Department of Local Government Finance I PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code (check one box): Any information concerning the cost Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) of the property and specific salaries paid to individual employees by the Residentially distressed area (IC 6-1.1-12.1-4.1) property owner is confidential per INSTRUCTIONS: IC 6-1.1-12.1-5.1 1 This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction 3, To obtain a deduction, a Form 3221RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed after April 10 A property owner who failed to file a deduction application within the prescribed deadline may file an application between January land May 10 of a subsequent year 4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable IC 6-1 1-12 1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1 1-12 1-17 Name of taxpayerAdvantixDevelopment Corporation Address of taxpayer Number and StrccC 5OO SE 10th Street City: Evansville State: IN zip: 47713 Name of contact person Telephone number E-mail address First Name: TI m Last Name: Martin (812) 428-8500 tim.martin@advantixcorp com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of the City of South Bend Location of property County DLGF taxing district number Number and Street: See attached list City: State: Zip: St. Joseph 026 (South Bend -Portage) Description of real property improvements, redevelopment, or rehabilitation (use additions sheets d necessary) Estimated start date (month, day, year) Construction of 50 new housing units throughout the city using 9% LIHTC Current values $ 200,000 $ 0 1 Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of p Estimated solid waste converted (pounds) 0 Other benefits I hereby certify that the representations in this statement are true. Signature of authorized representative Printed name of auth5fzed representative Tim Martin 14,000,000 0 14,200,000 Estimated hazardous waste converted (pounds) 0 Page 1 of 2 Title Coo 2,295,238 o 2,295,238 Date signed (month, day, year) 6/20/2023 FOR USE . :.. We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed N/A calendar years' (see below). The date this designation expires is 12/31/2026 . NOTE. This question addresses whether the resolufron contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ®Yes No 2. Residentially distressed areas Yes ® No C. The amount of the deduction applicable is limited to s N/A D. Other limitations or conditions (specify) N/A E. Number of years allowed Year 1 Year 2 Year 3 Year 4 E] Year 5 (" see below) Year 6 Year 7 Year 8 Year 9 ® Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? ER Yes No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Printed name of authorized member of designating body Attested by (signature and title of attester) Telephone number I Date signed (month, day, year) Name of designating body Common Council of the Citv of South Send, Indiana Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1, 2013, the deductions established in IC 6-1.1-12.1-4.1 remain in effect. The deduction period may not exceed five (5) years. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-18, the deduction period may not exceed ten (10) years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA /Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC 6-1.1-12.1-18, an abatement schedule may not exceed ten (10) years. c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 Advantix Development Corporation Form SB -1 / Real Property Parcels subject to abatement confirmed by South Bend Common Council on July 10, 2023 Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As: Legal Description: 71-08-02-187-013.000-026 911 Sherman Avenue Lot 23 Muessels 1st 71-08-02-187-014.000-026 909 Sherman Avenue Lot 22 Muessels 1st Key Number: 71-08-02-304-006.000-026 Commonly Known As: 813 N Cleveland Avenue Legal Description: 16 2/3 Ft S Side Lot 86 & 16 2/3 Ft N Side Lot 87 A G Cushings 4th Key Number: 71-08-02-304-007.000-026 Commonly Known As: 809 N Cleveland Avenue Legal Description: 33 1/3 Ft S Side Lot 87 A G Cushings 4th Add Key Number: 71-08-02-307-025.000-026 Commonly Known As: 737 N Cleveland Avenue Legal Description: Lot 95 A G Cushings 4th Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-307-026.000-026 735 N Cleveland Avenue Lot 96 40'N Side A G Cushings 4th Add 71-08-02-311-007.000-026 662 Lawndale Avenue Lot 6 Pleasant Home Add 71-08-02-311-009.000-026 654 Lawndale Avenue Lot 8 Pleasant Home Add Key Number: 71-08-02-326-011.000-026 Commonly Known As: 1217 Van Buren Street Legal Description: 33 Ft E Side 66 Ft W End Of Lots 81 & 82 & 33 Ft E Side 66 Ft W End 15 Ft S Side Of Lot 83 A G Cushings 4th Advantix Development Corporation 1 Form SB -1 / Real Property, July 10, 2023 Key Number: 71-08-02-326-012.000-026 Commonly Known As: 1215 Van Buren Street Legal Description: 33 Ft W Side 68 Ft E End Lots 81-82 & 33 Ft W Side 68 Ft E Side Of 15 Ft S Side Lot 83 A G Cushings 4th Key Number: 71-08-02-330-001.000-026 Commonly Known As: 1218 Van Buren Street Legal Description: 36 Ft X 100 Ft Nw Cor Lot 80 A G Cushings 4th Key Number: 71-08-02-330-002.000-026 Commonly Known As: 752 Cleveland Avenue Legal Description: 12 Ft S Side 100 Ft W End Lot 80 & 28 Ft NSide 100 Ft W End Lot 79 A G Cushing 4th Key Number: 71-08-02-330-003.000-026 Commonly Known As: 1216 Van Buren Street Legal Description: Lot 80 341E End & 34'E End 28'N Side Lot 79 A G Cushings 4th Add Key Number: 71-08-02-330-005.000-026 Commonly Known As: 746 N Cleveland Avenue Legal Description: 35 Ft S Side Lot 78 A G Cushings 4th Key Number: 71-08-02-330-006.000-026 Commonly Known As: 744 N Cleveland Avenue Legal Description: Lot 77 A G Cushings 4th Key Number: 71-08-02-333-013.000-026 Commonly Known As: 716 Sherman Avenue Legal Description: N 35' Ex 10'X40' Se Side Lot 9 All Of Lots 10 & 11 43'S Side Lot 12 Cushing 1st Add Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-333-014.000-026 702 Sherman Avenue Lot 9 88 Ft W End 15 Ft S Side & 88 Ft W End Of Lot 8 Cushings 1st 71-08-02-335-001.000-026 632 Sherman Avenue Lot 7 78 Ft W End 33 1-3 Ft N Side Cushings I st 71-08-02-335-002.000-026 1014 Lindsey Street Lot 7 50 Ft E End 33 1-3 Ft NSide Cushings 1st Advantix Development Corporation 2 Form SB -1 / Real Property, July 10, 2023 Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As: Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: Key Number: Commonly Known As Legal Description: 71-08-02-335-003.000-026 630 Sherman Avenue 16 2-3 Ft S Side Lot 7 & Cushings 1st 71-08-02-335-004.000-026 16 2-3 Ft N Side Lot 6 622 Sherman Avenue 33 1-3 Ft S Side Lot 6 Cushings 1st 71-08-02-356-041.000-026 1411 Linden Avenue Lot 92 Swygarts 1st Add 71-08-02-407-007.000-026 744 Harrison Avenue Lot 98 Cushing & Lindsey 71-08-02-407-008.000-026 740 Harrison Avenue 33 Ft N Side Lot 99 Cushing & Lindsey Key Number: 71-08-02-407-009.000-026 Commonly Known As: 736 Harrison Avenue Legal Description: 17 Ft S Side Lot 99 & 16 Ft N Side Lot 100 Cushing Lindsey Key Number: 71-08-03-203-028.000-026 Commonly Known As: 1202 Huey Street Legal Description: Lot 212 Mayrs Mich Ave Add Key Number: 71-08-03-227-014.000-026 Commonly Known As: 1322 NBrookfield Street Legal Description: Lot 148 C R Smiths 2nd Sub Key Number: 71-08-03-258-007.000-026 Commonly Known As: 1030 Obrien Street Legal Description: Lot 76 Mayrs Mich Ave Add Key Number: 71-08-03-384-004.000-026 Commonly Known As: 2518 Linden Avenue Legal Description: Lot 13 Kaleys 1st Key Number: 71-08-03-384-007.000-026 Commonly Known As: 2506 Linden Avenue Legal Description: Lot 10 Kaleys 1st Advantix Development Corporation 3 Form SB -i / Real Property, July 10, 2023 Key Number: 71-08-03-434-013.000-026 Commonly Known As: 630 Johnson Street Legal Description: Lot 13 Kauffman Place Key Number: 71-08-03-434-031.000-026 Commonly Known As: 641 NBrookfield Street Legal Description: Lot 24 Kauffman Place Key Number: 71-08-10-135-006.000-026 Commonly Known As: 2606 W Colfax Avenue Legal Description: Lot 696 Summit Place 3rd Add Key Number: 71-08-10-180-027.000-026 Commonly Known As: 218 S Meade Street Legal Description: Lot 622 Summit Place 3rd Key Number: 71-08-02-459-001.000-026 Commonly Known As: 622 W Marion Street Legal Description: Lot 5 & 6 Smith & Jackson Sub Key Number: 71-08-02-459-003.000-026 Commonly Known As: 620 W Marion Street Legal Description: Lot 7 Smith & Jackson Sub Key Number: 71-08-02-459-004.000-026 Commonly Known As: 618 W Marion Street Legal Description: Lot 8 Smith & Jackson Sub Key Number: 71-08-02-459-002.000-026 Legal Description: 21.5 Ft W End Lot 11 Smith & Jacksons Sub. Key Number: 71-08-02-459-005.000-026 Commonly Known As: 425 Leland Avenue Legal Description: Lot 11 Ex 21.5 Ft W Side Smith & Jacksons Sub. Key Number: 71-08-02-459-006.000-026 Commonly Known As: 421 Leland Avenue Legal Description: Lot 10 Smith & Jacksons Sub Key Number: 71-08-02-459-007.000-026 Commonly Known As: 419 Leland Avenue Legal Description: Lot 9 Smith & Jacksons Sub Key Number: 71-08-02-459-008.000-026 Legal Description: Lots 12 3 & 4 Smith & Jacksons Sub Advantix Development Corporation 4 Form SB -1 / Real Property, July 10, 2023 Key Number: Commonly Known As. Legal Description: Key Number: Commonly Known As: Legal Description: 71-08-02-185-017.000-026 901 Blaine Avenue Lot 115 Muessels 2nd 71-08-02-185-016.000-026 905 Blaine Avenue Lot 116 Muessels 2nd Advantix Development Corporation Form SB -1 / Real Property, July 10, 2023 Aerial and Street Views Scattered Sites on the West and Northwest Side of the City W ,r 44 NfT A LON i .,;21 gZ A-Ck]A, U 4 4 L L.-,, LVOA, k* 4l L L V L. k Utip- E • LU, t- L' OT Li44, 1, L IL-' . alt CCS. R Utll LL f rel- qAooaa- Y- - 1 ` e.+• i. , — _ qui . :' Ir i . [ J" Sys • lct L ILLi I I ' IL 1 - 1 fit 11 i h3nH - - it , ti 14F ,, South of W. Sample Street Between S. Lafayette Blvd. and Franklin Street (3.2 acres) View Looking West -Southwest from W. Sample St. and S. Lafayette Blvd. View Looking North -Northwest from S. Lafayette Blvd. Filed in Clerk's Office JUL 0 a 2023 C CDAWN Iv1. JC I — S t_ERK, SOUTH BEND, IN CITY OF SOUTH BF1NDFIJed in Clerk's Office COMMUNITY INVESTMENT U JUL 2023 CITY CLERK, OU©H BEND, IN July 5, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Declaratory Resolution: Personal Property Tax Abatement Petition for Crossroads Solar Enterprises LLC Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a personal property tax abatement petition submitted by Crossroads Solar Enterprises LLC, an Indiana Limited Liability Company. The abatement would apply to new equipment to be installed at 1901 N. Bendix Drive in South Bend. This petition package includes: Department of Community Investment's summary report Petition for abatement Statement of Benefits form (SB-1 / PP) Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to purchase and install a new construction line at a cost of$1,000,000. The investment is projected to quadruple the production of solar panels and will enable Crossroads to hire 15 new full-time employees. The project meets the requirements established by Sections 2-79 et seq. and would qualify for a five-year (5) personal property tax abatement. A representative from Crossroads Solar Enterprises LLC will be available to meet with the Committee on Monday, July 10, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please contact me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend.Indiana 46601 p 574.235.4371 www.southbendin.gov Filed in Clerk's Office BILL NO. 23-45 JUL 0 5 2023 RESOLUTION NO. 5042-23 DAWN M.JONES CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1901 N. Bendix Drive, South Bend, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR Crossroads Solar Enterprises LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1901 N. Bendix Drive, South Bend, Indiana 46628, and which is more particularly described as: Business Personal Property and which has Key Numbers to be assigned, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1- 12.1-4.5 et seq. that: A. The estimate of the cost of the new industrial and manufacturing equipment is reasonable for equipment of that type; B. The estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new industrial and manufacturing equipment; C. The estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new industrial and manufacturing equipment; D. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new industrial and manufacturing equipment; and E. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new industrial and manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment and the Community Investment Committee's favorable recommendation that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall expire on December 31, 2026. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years as shown below pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 85% Years - 80% SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office JUL 0 5 2023 DAWN M.JONESCITYCLERK,SOUTH BEND IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Personal Property Tax Abatement Petition for Crossroads Solar Enterprises LLC DATE: July 5, 2023 On July 5, 2023, a petition for tax abatement from Crossroads Solar Enterprises LLC was filed with the Office of the City Clerk. The petition seeks consideration for a personal property tax abatement for property located at 1901 N. Bendix Drive in South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. Project Summary Crossroads Solar Enterprises LLC is purchasing equipment for $1 million to create a second production line. This investment will greatly enhance production and will enable Crossroads Solar to hire 15 new full-time employees by the end of 2023. Crossroads Solar's goal is to produce top quality solar panels with people who have made mistakes, creating second chances, and fostering a greener earth one panel at a time. The company's employees are released felons who have served their time and earned the opportunity to reenter the workforce with dignity. Crossroads Solar recently moved production to 1901 N. Bendix Drive after outgrowing their former space located on E. Sample Street. Employment Impact Crossroads Solar will retain the 14 employees currently working at the facility. By the end of 2023, the petitioner expects to hire at least 15 new full-time employees with an estimated total annual payroll of approximately $750,000. Tax Estimates The petitioner qualifies for a five-year(5) personal property tax abatement. Estimated personal property taxes on the new equipment during the five-year(5) abatement period: $80,573 o Estimated taxes being abated during the abatement period: $68,651 o Estimated taxes to be paid during the abatement period: $11,922 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or is associated with a previous abatement. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a 5-year personal property tax abatement under Division 10 Personal Property Tax Abatement), Section 2-84.2 (Tangible Personal Property Tax Abatement). 2 5-Year Abatement July 5,2023 Crossroads Solar Enterprises LLC South Bend Portage Township Personal Property Tax Abatement Schedule Estimated Equipment Cost: $ 1,000,000 Asset Pool: Pool#3(9-12 years) Property Address: 1901 N.Bendix Drive Tax Key Number: TBD Year 1 Year 2 Year 3 Year 4 Year 5 Assessed Value(AV) True Tax Value(TTV) 40% 60% 55% 45% 37% New Base(Equipment Cost x TTV)400,000 600,000 550,000 450,000 370,000 Abatement 100% 95% 90% 85% 80% Abatement Deduction 400,000) (570,000) (495,000) (382,500) (296,000) Net Assessed Value 30,000 55,000 67,500 74,000 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 1,587 2,909 3,571 3,914 Debt Service(0.3997%of Net AV) 120 220 270 296 Local Tax Credit(8.7112%of GT-DS) 128) 234) 288) 315) Circuit Breaker Credit Taxes Due 1,579 $ 2,895 $ 3,553 $ 3,895 Circuit Breaker Cap 3% 3% 3% 3% 3% 12,000 18,000 16,500 13,500 11,100 ProjYearAbatement New t Taxected Taxes Abated NePaPaid Taxes 1 100% $ 13,599 $ (13,599) $ 2 95% 20,398 18,819) 1,579 3 90% 18,698 15,803) 2,895 4 85% 15,299 11,746) 3,553 5 80% 12,579 8,684) 3,895 Years 1-5 Total: 80,573 68,651)11,922 Years 6-10 Total: 35,017 35,017 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. na 1. Department of Community Investment City of South Bend Filed in Clerk's Office All 20/3 Cit of South Bend Instructfons:Complete pages 1A U y"_Y AND the proper Form SB-1 for TC yyf NI. ONES Petition for Incentives the type of abatement(real _'+' 1a THBEND,IN property or personal property) Petition must Include o$250 filing fee payable to the Qty Clerk's Office for which you are applying. before processing con be complete General Information Project Name [ Project Number Legal name as registered with Secretary al State Crossroads Solar Enterprises LLC Business structure LLC Company website crossroads-so l a r.com Proposed Project information Proposed project address 1901 N.Bendix Dr Parent company name Crossroads Solar Enterprises LLC City,State,Zip I South Bend,IN 46628 Legal owner Crossroads Solar Enterprises LLC Site acreage or acreage required Is the real estate owned Ownedorleased? Square feet of facility If leased,by whom? 'N/A Primary Contact Information Primary company contact name Tide Patrick Regan President Address of company contact 1901 N.Bendix Dr Phone 607-759-1058 I Oty.State,Zip South Bend, IN 46628 Finatl patrickregan@crossroads-solar.com Senior Official Information Company senor critic-Sal name See above n`~ Address of company contact Phone Indifferent horn above) IOry,State,Zip I Email Consultant Information/Agent Hired business consultant/agent name N/A IConsuitant release?(YIN) Address I Local economic development partners approval?(Y/N) City,State,Zip Em ail Project Overview Brief description of your company,project,and why the We are currently expanding our productive capacity and workforce and property is necessary for have purchased a new and much larger) assembly line. This expansion economic growth Will require doubling our workforce. We have plans for 2025 to add another assembly line to further expand opportunities. Crossroads Solar produces solar panels for the solar industry, we do so with men and women reintegrating from incarceration back into society. We provide jobs and opportunities for these men and women where otherwise they may struggle. Certified Technology Park appropriate I N/A Is the project In a Tao incremental Flnandng TIF)weal if so.which? River West HaveBadding Permits been Issued?rN7 1 Numbs res)endaj units Geared by Note-Not eligible for abatement if yesj N protect N/A 11`11 If this Is a petition for personal property tae abatement,has the equipment been installed? No Investment Details Public Infrastructure needs Has any 504 funding been What Is the value of any equipment being purchased In What Is the value of any equipment besot Off-site of project In dollars)received? Indiana for the pro)ea? purdtased from out of state for the protect? N/A N/A 0 1,000,000 New Prgjecg Investments Calendar Year 2022 2023 2024 2025 2026 2027 2028 2029 Land Acquisition Building Lease Payments i-30,000.00 $85-00 Beliding Purchase Costs New Building ConsOuction Existing Building Improvements New Machinery&Equipment 1101)00 SpeCat Tooling/Retooling New Furniture/Els-tures New Com puter/fT Hardware New Software Onsite Rail Infrastructure On-site Fiber Infrastrurnre i TOTAL 0.00 s r O4lO,C00 00 $85.00 s, oo,Olul cc 5 0.00 5 0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Hourly Cumulative a of net Erdal full time Hourly averaee wage,w/o .Total training Tokal a td be 417ivera a o permanent lobs created at project benefits or bonuses,of expenditure• trained-not wale.w benefits or wmulanvenet new lobs not cumulative bonuses cumulative 2023 14 5 20 80 15 3 25 00 15 2024 1 2026 15 S 26 00 15 2026 2027 2028 2029 2030 2031 2032 2033 2034 Provide hourly wage Information for new employees in the following positions. Full time Part time Laborers 18.00 Technical 25.00 Managerial 25.00 Administrative 40.00 who will to the.odimdual responsible for coordinating with WortiOne on recruiting? Does your company have an EEO hiring policy? Are you an EEO anpioyer? Please list the number of full time and part time minority and/or female Pleas*describe your commitment to employees for the follawtng years: diversity and Inclusion by detailing your 1 t outreach and recruitment efforts for the last hear 2023 I 2022 I 2021 three years as web as current polities. Full Time Part Time Full Time Part time Full Time Part Time Black I 1 4 I 4 We only hire men and women coming out of F I I F I I- poser,Our popuLairon to some degree dictates I Hlupanlc I I 2 I I I our commitment to rhvenny Out ouriudiceai 7 — --1-- h t 1I system largely shapes our eligible pool ofIAsianIIIIItapn.ican;s.We work aim with S9 reenty and 3 lot with the SB parole system The dwersdy of I in sen I I I I I our labor force liuruales n part because our willingness to nee tram the reentry program. Female J 3 i I 4 II I When nor workers'gohome-from the Center e often lose dwersily or a snort tilts penin I Other 1 1 1 Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If earnedEarned Points AvaIla¢te Paints you qualify for the points,please enter the full amount of available ( Yes or No) points. 1 SgritruStlon Related fOntractonl: A. Employ Local Companies(75%) 20 B. Purchase Materials from Local Companies(75%) 20 C. Require Employees vs.Independent Contractors 19 0. Require Prevailing Wage 22 E. Require Health Benefits 22 F. Require Retirement Benefits 18 G. Maintain Affirmative Action Plan 20 15ub total Construction Related: 0 141 2 wg b Benefit RSDS Own* A. Pay Target Wage Levels V 33 33 8. Provide Health Benefits Y 34 34 C. Provide Retrement Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Chid Care IS F. Provide Transportation Assistance 14 G. Provide Employer Assisted Housing program 9 Sub-total Wage 8 Benefit Related: 124 162 3 Workforce Relatgd: A. Create New lobs V 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 15 D. Provide Targeted Hinr•.g Preference Y 34 34 Sub-total Workforce Related: 152 152 C 4 bppgr9 a Munlclpgllas y. Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc) N 0 84 Name of Facility I Isub-total Municipal Facility: 1 84 Sub-total from Above: 276 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or pensF''iiT-property tax abaturnent consideration and pursuant to I.C.,6-1.1-12.1-1,et seq„and So Bend M {pal Code Sec -76 et seq.,for this petition state the above. Submitted By: 17 (4,,,7" •t . Date: 7//w 3 For Staff Use Only Below This Line N/A-Personal Property:New Assembly the What Is the current assessed value?Real Property: Personal Property: What Is the projected assessed value? Real Property: Personal Property: What is the tax key number for this project? What Is the six digit NAILS code? Please attach a Goo`te map and street New of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Tares: paid for the last five years when applicable. Year One 86,123.10 Year Two Year Three 4,364.98 Year Four Year Flve Please fill out the following Public Benefit Summary Information and add to total from above. Y or NI 1 Points Points Public Benefit Item: Protect Related: 5 A. •Redevelop a Site that has Special Needs 49 B Develop Based on Local University Research 35 Achieve a Physical Element of a Plan 36 Sub-total Project Related: 12C SuQgr Site Projegs joint values are cumulative': A. 100%to 199% 25 B. 2170%to 299% 68 C. 300%to 399% 65 400%and Over -52 ISub-total Super Sloe Projects:210 7 Pay for Municipal Infrastructure: A. .Pay for Oversiung or Upgrading 14 B. Payfor2650%ofExtensionCost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section:276 539 Total from Staff Section: 0 461 Total Public Benefit Points: 276 1000 Filed in Clerk's Office i JUL 0 5 2023 DAWN M.JONES CITY CLERK,SOU IhtstND,IN Filed in Clerk's Office JUL 0 5 2023 STATEMENT OF BENEFITS DAWN M.JONES FORM SB-1 'PP y - 'i PERSONAL PROPERTY CITY CLERK,SOUTH BEND,IN x' i State Form 5175d(R5 i 1-21) PRIVACY NOTICE Prescribed by the Department of Local Government Finance Any information concerning the cost of the properly and speofic salares paid to individual employees by the property owner is confidential pet IC 6-1.1-12.1-5.1 INSTRUCTIONS I This srateinent must he submitted to the body designating rim Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical;lrstnbuuon equipment and/or information technology equipment for which the person wishes to claim a deduction 2 The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the installation of qualifying abatable equipment for which the person desires to claim a deduction 3 To octain a deduction.a person must file a certified deduction schedule with fuse person's personal property return on a certified deduction schedule Form 103-ERA)with the township assessor of the township where the property is situated or with the county assessor it there is no township assessor for the township The 103-ERA must be hied between January 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional unless a filing extension has heen obtained A person who obtains a filing extension must file the form between January 1 and the extended due date of that year 4 Property owners whose Statement of Benefits was approved,must submit Form CF-1/PP annually to show compliance with the Statement of Benefits 1C 6-1 1-12 1-5 6, 5 For a Form SB-1/PP that is approved after June 30.20.13 the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/PP that is approved prior to July 1.20+3 the abatement schedule approved by the designating body remains in effect 'IC 6-1 1-12 I-17) SECTION 1 TAXPAYER INFORMATION Name of taxpayer Name of contact person nReganCrossroadsSolarEnterprisesLLCFirstMilne. Patrick LodNac Address of taxpayer Telephone number Cor.,d m,I,,..-4,V,, 1901 N. Bendix Dr South Bend 0:,1x IN sir 46628 (607)759-1058 ......r-.....--.. SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number(s) Common Council of the City of South Bend Location of property County DLGF taxing district number V,1 b[ chit,,R01-1901 N. Bendix Dr (“r South send st,.:,-IN z, 46E28 St.Joseph 026(South Bend-Portage) Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. START DATE COMPLETION DATE Use addhttonal sheets if necessary! The equipment is a fully automated solar panel assembly Manufacturing Equipment line. It will include a laminator, sun simulator, framing, R&D Equipment soldering unit and numerous conveyors. This equipment will increase our productive capacity by 4X. Logist Dist Equipment IT Equipment SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number 1 Sward.' Q 582 4 0 Number Retained 14 Salaries 582,4 Number Additional 15 Salaries 750,000 SECTION 4 J ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE:Pursuant to IC 6-1.1-12.1-5.1(d)(2j the MANUFACTURING R&D EQUIPMENT EQUIPMENT IT EQUIPMENT , EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values o Plus estimated values of proposed project 1.000000 Less values of any property being replaced 5 0 Net estimated values upon completion of protect 5'On7.i,o0 $0 0 0 0 I $'' 0 0 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted ipou,uis) 0 i estimated hazardous waste converted(pounds) 0 Diner benefits. SECTION 6 TAXPAYER CERTIFICATION i I hereby dy that th• representat this statement are torr Sign.tur or autho' ed• pies live Dale sig d condi day year) bd` P i 7 / i-306,- P- I- n n,.te of outhunted ewes . :tie, Title Page 1 of 2 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for the following limitations as authorized under IC 6-1.1-12.1-2 A. The designated area has been Limited to a period of time not to exceed calendar years'(see be/ow). The date this designation expires Is NOTE'This question addresses whether the resolution contains an expiration date for the designated area B.The type of deduction that is allowed in the designated area is limited to: 1 .Installation of new manufacturing equipment; Yes No Enhanced Abatement per IC 8-1-1-12.1-18 2. Installation of new research and development equipment; Yes No Check box if an enhanced abatement was approved for one or more of these types. Yes3. Instaltatron of new logistical distribution equipment. No 4.installation of new information technology equipment Yes No C.The amount of deduction applicable to new manufacturing equipment is limited to$ cost with an assessed value of One or both lines may be filled out to establish a limit,if desired) D.The amount of deduction applicable to new research and development equipment is limited to S cost with an assessed value of t $ One or both lines may be fined out to establish a limit,if desired.) E The amount of deduction applicable to new logistical distribution equipments limited to$ cost with an assessed value of One or both lines may be tilled out to establish a limit,if desired.) F. The amount of deduction applicable to new information technology equipment is limited to$ cost with en assessed value of One or both lines may be flied out to establish a limit.if desired G. Other limitations or conditions(specify) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction is allowed for Year 1 Year 2 Year 3 Year 4 I] Year 5 Enhanced Abatement per IC 6-1.1-12.1-18 Year 6 Year 7 Year 8 Year 9 Year 10 Number of years approved: Enter one to twenty(1-20)years;may not exceed Twenty(20)years) I. For a Statement of Benefits approved after June 30.2013,did this designating body adopt an abatement schedule per IC 6-1-1-12.1-177 Yes No If yes,attach a copy of the abatement schedule to this form. If no.the designating body is required to establish an abatement schedule before the deduction can be determined. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved by:(signature and title of atiihonzed member of designating body) Telephone number Date signed(month.day year) 1 1 Pinned name of authorized member of designating body Name of designating body Attested by:(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area.that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less titan the number of years designated under IC 6-1.1-12.1-17. IC 6.1.1.12.1-17 Abatement schedules Sec.17. (a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum Nage. 4) The infrastructure requirements for the taxpayer's investment. b)1 his subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction.Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years. c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abateme t schedule expires un.a " the terms of the resolution approving the taxpayer's statement of benefits. Fileded (n Clerk's Office JUL 5 2023 Page2of2 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Current solar panel construction line located at 1901 N Bendix Dr. 4 r. . 7 a 1 r rJ may_ r L. T A rr, 1 ,Y illX16 G ii-q- --tiC". ,.* ri,:!•- cvv--- r-,. , .. -- ate f'l +4" SZ' / Diagram for second solar panel assembly line I' L 1404. I .1 II11111 II II 1.1r:-` III N Jre 1 ii tee*e,• yI q tort. rwt TT 11.....7,,,,,,•,, ,,..r.,,,T,„,„.....-„,.„."- , .1 1 11 Gad Igil t. Fm:,,,as irrr. lake ` C an.-1?- iu 1----1•"'' 3. , A I 1=4 i Aerial and Street Views A* 4 View Looking West from N Bendix Dr 1111 U II IIr ty,s t= ' ti e in er4—s juL 0 5 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN otallg r„ 1316 COUNTY-CITY BUILDING U 6. ,, PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 PEAC L Z It X 1866 Pine CITY OF SOUTH BEND JAMES MUELLER,MAYOR d/h C/ arksBOARDOFPUBLICWORKS 0,. weeJ May 23,2023 c,,,,,04-1,1;-. L 0s , 4FR4/4,1\3 re c nvestment do Asset Management,LLC 04Ng 5199 Gardenia Ct. y64 West Lafayette,IN 47906 D / N Praveeng217@gmail.com RE: Alley/Street Vacation—1405 Portage Ave. Northwest Corner of Portage Ave. And Elmwood Runs North-South Between Lot 8 And Lot C Towards An East-West 14'Alley Right-Of-Way (Preliminary Review) Dear Mr.Gulati: At its May 23,2023 meeting,the Board of Public Works reviewed comments by the Engineering Division, Community Investment,Fire Department,Police Department.The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient.The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. If you still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications.These updates should be made within ninety(90)days of final approval from the Common Council. Please notify us when this work is complete.If you have any further questions,please call this office at(574)235- 9251. Sincerely, s/Theresa Heffner Theresa Heffner,Clerk Enclosures TH/lh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER Filed in Clerk's Office BILL NO. 46-23 JUL 0 5 ?O?;1 DAWN M.JONES ORDINANCE NO. CITY CLERK,SOUTH BEND, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN 1301 ELWOOD AVENUE AND 1405 PORTAGE AVENUE STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City.The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: ALL OF THE 14-FOOT WIDE ALLEY LYING BETWEEN LOT 8 AND LOT C" IN VICTORY ADDITION TO THE CITY OF SOUTH BEND, INDIANA, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 85 AS FOUND IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: LOT 8 VICTORY ADD (PARCEL ID: 018-2182-6829) LOT C VICTORY ADD &VAC ALLEY N &ADJ & EX SE TRI COR TO CITY 20/21 CON W/018-2182-6830 PER ASSESSORS REQ IC 6-1.1-5-16 PARCEL ID: 018-2182-6831) SECTION IV. The purpose of the vacation of the real property is to combine right-of-way with adjacent properties for new proposed development. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2023, at o'clock .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office JUL 0 5 2073 DAWN M.JONES CITY CLERK,SOUTH BEND,IN BOARD OF PUBLIC WORKS C/ INTEROFFICE MEMORANDUM • ' 9ly l 0 ' vise. DATE: April 6, 2023 s0•tiO TO: Kyle Ludlow, Public Works yF Kara Boyles, Engineering 4 Zach Hurst, Engineering Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: Peak Investment and Asset Management, LLC, Praveen Gulati LOCATION: 1405 Portage Avenue PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING: Favorable COMMUNITY INVESTMENT: Favorable recommendation. FIRE: Favorable POLICE: Favorable recommendation a; n ci iin,i STREET/ALLEY VACATION APPLICATION erksO Ce G ' City of South Bend - Board of Public Works Ut 5 i 227 W.Jefferson Boulevard, Ste. 1316 co-1,, S?0? 1, 'South Bend, IN 46601 FRk p•0. FS 2- o Date: c U Phone#: Name: PE. - js-1s.lV-sTME._NT kVA 5E`r Email: b9z.c0vfe_h1 2_I7 (;) t..yn N x-IvA(ntM LN,I_/ L i- c J Addressy Propert k 4-o 5- e otz t A-GNE AVE NKE_ I Sot-(Tr1 I. 1) / N 46.61 Applicant property information: Residential N Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): i (\ 1TSCh Is your property adjacent to the alley of interest? VI Yes No Do you own all adjacent properties to the alley of interest?J Yes 0 No Does the existing alley provide garage access to other property owners? Yes C No Does the alley receive daily traffic excluding your own use? I]Yes 0 No Would the vacation hinder public access to any of the following:a church, El Yes No school,or any other public building or place? Reason for street/alley vacation and proposed use: TO &-,1 t L_ i) A N E 1 (r N i o fC,- h u U D S j7 o IP r I N(,\ C g.N I c_ A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: Yes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS talk cam' 711/ Elizabeth A.Maradik,President Joseph R.Molnar.Vice President Gary A.Gilot,Member Jordan V.Gathers,Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: May 23,2023 Puzzello Architecture Practice 3801 N Meridian Street#902 Indianapolis, Indiana 46208 Praveen Gulati 9, 2. S, Peak Investment and Asset Management, LLC d' pGo; 0; tP co RE: RE: Portage Avenue—Alley Vacation Petition 20 Dear Praveen: In reference to the proposed development at the Northwest corner of Portage and Elmwood,the alley vacation petition that is associated with the proposed development is described as followed: The 14'X 118'gravel alley right-of-way that runs north-south, between Lot'8'and Lot 'C'towards an east-west 14' alley right-of-way, is proposed to be vacated. An extension of the east-west alley right-of way at the north side of Lot'7'and Lot '8' is proposed to be extended all the way to Portage Avenue, discharging at Portage Avenue. This would require deeding 14'of property at the north side of Lot 'C'to public right-of-way. Let me know if you have any further questions. Paul D. Puzzello RA Architect J L ut, _ .._ c...".................,_ JOO- PPRI' E. R. P. 11. E,--- 1,-- S- 11,-.^. T=, V.,=- T ,..,.. T.,..- 1 0 I c..",\.....:\ i) \ 1 I t 11 A ea c‘-' y S 6- i a_ 1 i We 0G. oto 2. 11, 1 1 L- - tip.. 1 Fti i 1._ 1 II L_. 1- 7. J1 I 11 Pi 4- 1 h 0 e 1 t I- re + i 111 . re C__ N_ Alk' .* fit' E r ;, r- o a a + kA ' A a a t: e a . Q v p, n 9- 1- Fl ro j a n0I o AIvl 7< + o I I It_ pur A 1, ruj FR 111 1 Z I Q' P . 5" 1 I ISP° \ 1 l4 A Nr, I?, I 4 • \ 0. 011. 111 P......... 16„.....„---- : 515, s . 11 u / 1 3 ( 1 we re nre pz 1. 1: 140 NEIGHBORHOOD SHOPPING CENTER 3 PEAK rnvEsn3raT MU ASSET PVRELLA ARCHITECTURE PRACTICE rAANAc3Ela& IIT, u. 0 i / APRIL/ 023NW CORNER OF PORTAGE AW ELMW000 AVENUE EOUTH BM, INDIANA soF ea// Filed AA C/ et4., 018-2182-6828 018-2182-6829 Transfer649$0 Co. U- ( 1/I G spice Taxing Unit South Bend Y S Date 03/09/2023 FAzi- 0?, 2023-04917 SO a0A, RECORDED AS PRESENTED ON VS 03/09/2023 09:22 AM F44/Q MARY BETH WISNIEWSKI 4/ ST.JOSEPH COUNTY RECORDER GENERAL WARRANTY DEED PGS:4 FEES:25.00 THIS INDENTURE WITNESSETH, that Khaled Ibrahim ("Grantor"), CONVEYS AND WARRANTS to Peak Investment and Asset Management LLC ("Grantee"), for the sum of Ten and 00/100ths Dollars ($10.00), and other valuable consideration, the receipt of which is hereby acknowledged,that certain real estate located in St. Joseph County, in the State of Indiana, more particularly described in Exhibit A, attached hereto and by reference made a part hereof the "Real Estate"). MH THIS CONVEYANCE IS MADE, and the Real Estate is SUBJECT TO: 1) real estate taxes and public assessments due and payable after the closing on the conveyance,and all such taxes and assessments payable thereafter; and 2) all covenants,agreements,easements, restrictions and rights of way of record. Remainder of Page Intentionally Left Blank. Signature Page Follows. DULY ENTERED FOR TAXATION ST JOSEPH CO.INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER 2023-04917 IN WITNESS WHEREOF, Grantor has caused this deed to be executed this ' day of 2023. GRANTOR: 4.-- 1/...,,,„---- l Khaled Ib ,i} „..---6,,,,,,„, STATE OF " J11.) V°40r1 'r; 's ) SS: COUNTY OF 'hi .1.h,/ Before me, a Notary Public in and for said County and State, personally appeared Khaled Ibrahim, who being first duly sworn by mc upon his/her oath,acknowledged execution of the foregoing in his/her individual capacity, and stated that the representations therein are true. WITNESS my hand and Notarial Seal this ' day of ' , , , . 2023. Notary Public iv,I: ;..Ivhr 1H [11 LIll ';!.I I: I; Nnipi' I'u;il•r. .t,it•. i IIi'i. I!. KI.N I IICKY N.',.ry Ii'„ Kyly: 1:,. .,:, Tax Parcel Numberfs):s ? 71-03-35-360-016.000-026;and OGT>4 ( 2.? 71-03-35-360-017.000-026 d' c:f) Address of Transferred Property: 7, St.Joseph County,IN Grantee's Address for Mailing of Tax Statements and Recorded Deed: Peak Investment and Asset Management, LLC 5199 Gardenia Court West Lafayette, IN 47906 THIS INSTRUMENT PREPARED BY: I affirm under penalties for perjury thatPatrickM. Rooney,Attorney at Law I have taken reasonable care to redact 1638 ShelbyStreet, Suite 101 each social security number in this Indianapolis,Indiana 46203 document, unless required by law. pmrooney 1 @gmail.com;317.445.9956 s/Patrick M. Rooney 2023-04917 1 Tj Gj C09'` v& o~ s F94L GASf's p20 ties OExhibitA 41/ Legal Description of Real Estate Lots Numbered Seven (7) and Eight (8) as shown on the recorded Plat of Victory Addition to theCityofSouthBend. er•,v\ cy,....."' 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Ccj f, Name Mailing Address Pre, ,, ss( i Elwood Shopping Center LLC 70 NE Loop 410 Ste. 185 1302 Elwood Ave.'SO vC c/o Spigel Properties, LLC San Antonio,TX 78216 South Bend, IN 46628 '4,', Lakshmi Properties LLC 14875 Cranford Ct. 1355 Portage Ave.t<,L Granger, IN 46530 South Bend, IN 46628 O/ ti 1347 Portage Ave. South Bend, IN 46628 Shark Investments LLC PO Box 11664 1310 King St. South Bend, IN 46634 South Bend, IN 46628 Elayan Saja !mad 51041 Hollyhock Rd. 1409 Portage Ave. South Bend, IN 46637 South Bend, IN 46628 Peak Investment&Asset 5199 Gardenia Ct. 1301 Elwood Ave. Management LLC West Lafayette, IN 47906 South Bend, IN 46628 1305 Elwood Ave. South Bend, IN 46628 1405 Portage Ave. South Bend, IN 46628 FSPI EMPL Profit Sharing Plan 5200 Dallas Hwy.Ste 200-280 1315 Elwood Ave. 401K Powder Springs, GA 30127 South Bend, IN 46628 Amy Castillo 1309 Elwood Ave. 1309 Elwood Ave. South Bend, IN 46628 South Bend, IN 46628 The Spousal Trust FAAS Clair A 10106 Chester Dr. 1318 King St. Trustee Carmel, IN 46032 South Bend, IN 46628 c/o Claire A Faas E and L Associates PO BOX 16252 1314 King St. Saint Louis, MO 63105 South Bend, IN 46628 k 1 GOULOFF - JORDAN ALLEY VACATION EXHIBIT 1 SURVEYING AND DESIGN,INC. Part of the SW 1/4, SEction 35- T38N-R j e j in Clerk's 1Ce 3 3 BROADWAY FORT WAVNE,IN 46802 1405 Portage Avenue,South Bend, IN 46628 hW(2601424-5362 FAX (7601424-4916 1 I J N 7 2023 DAW M\ ONES 0 1 Seeio CITY CLERK, 0 STH BEND, IN SCALE:1'=20' Lot"B" Eleyan,Saja/mad Doc.#1703037 m 3'0 steel post Ind.(+7.0) m£ 1 pipe i 2.6'W)9..g. Ind.(-0.3) 3"0 stpost 12' bar fad.(0.0)( 0 14'i /- ( eel+ 5.0)----. ^144.Y(p)old wd. Inc posts(cut) 0 54.J9Trn) I-i N 8928'02"E 103.95'(m) grass 0 d i alley alley(Plat) edge asphalt conn LP bas o cJ" only(typ.) rV aw w 1102'(p) North line,Lot "C" III 43(P) gross 43'(p) 14' 115 asphalt u^det deb rN 4alµ18 v i\ 78.8' Lot rrC.. ante 0,.\\‘,' ALLEY a a ° m61 1D • Co(0 ae VACATION-1 5\etyBo\30 glt.l \ PaP Pyq.95 ace f 1 8 'IN \ 9 s a lfi o roes qc V. N N 6 8 \ b\ a Z G electt o Lot 7 Lot 8 ° "? — \ a bldg a0/ ospnolr Victory AddasnII I ?9 qa5 os PH.10,p9.86 1 O 1ne\ e, ap/06"#pvc with ff 1. aa/ brass cover Waodco aµ ° gross 6 c° o S s nxy.° Speedway SuperAmece,LW Doc.#0103291 lance w' bm 8 ch hnµ• a s06 101% Oa 9 0.395 Ac.(c) I 3 te9 a 8"wide conc.retaining wall\ < asphalt on and along prop.line) I asphalt \ conc.LP base c Y 43•(P)43'(p) i 14.0 ' I edge asphalt) \$ S 89'2]20"W 139.50'(c) concrete walk 159'(r)(p) concrete approach —°"—Q—---4--.--pw—ON,—°"'—01° ow— cont. curb Utpole with cone. curb a cele.point transformer at end of wa#) ELMWOOD AVENUE conc. curb 45 ALLEY VACATION DESCRIPTION I,Timothy C.Gouloff,hereby certify that I am a professional land surveyor,licensed All of the 14-foot wide alley lying between Lot 8 and Lot"C'in under the laws of the State of Indiana,and that the information shown hereon is true Victory Addition to the City of South Bend,Indiana,as shown and accurate to the best of my information,knowledge and belief. on the plat thereof,recorded in Plat Book 10,page 85 as found Field work was performed for this survey on June 12,2023. in the Office of the Recorder of St.Joseph County,Indiana. Certified this 27th Day of June,2023. 01lulllullltto 1srFq..On LEGEND y(r/I S No.29500017TEOF *_m) MEASURED 7V/ (l i STATE OF r) RECORDEDLCULATTimothy C.Gouloff,RLS 29500017 r' I,, S,uwt..;40,,`c) CALCULATEDV G. p) PLATTED I affirm,under the penalties for perjury,that I have taken hl 1llnlnlP`t s\\ reasonable care to redact each Social Security Number in For the exclusive use of: PRAVEEN GULATI this document,unless required by law.'Timothy C.Gouloff Date:June 27,2023 Job No. 20220190 VAC SHEET 1 OF 1 ALLEY VACATION DESCRIPTION All of the 14-foot wide alley lying between Lot 8 and Lot "C" in in Victory Addition to the City of South Bend, Indiana, as shown on the plat thereof, recorded in Plat Book 10, page 85 as found in the Office of the Recorder of St.Joseph County, Indiana. Filed ire Clerk's Office ç.1NOH BEND,IN INNN•N• S° 8 City of South Bend 574)235-9321 Fax(574)235-9173 U x'i 574)235-5567 PEACE Common Council TDD http://www.southbendin.gov 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601 I865 July 5, i?W i in Clerk's Office Sharon L.McBride Chairperson Eli Wax President JUL 0 5 2023 Health and Public Safety Committee Sheila Niezgodski DAWN M.JONES Vice-President South Bend Common Council CITY CLERK,SOUTH BEND,IN Canneth Lee 4th Floor, County-City Building Chairperson,Committee South Bend, IN 46601 of the Whole Canneth Lee RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY First District OF SOUTH BEND, INDIANA, ADDING THE STATUS OF HOMELESS"TO THE PROTECTED CLASSES OF PERSONS Henry Davis,Jr. UNDER THE SOUTH BEND HUMAN RIGHTS ORDINANCE, Second District CHAPTER 2,ARTICLE 9, OF THE SOUTH BEND MUNICIPAL Sharon L.McBride CODE AND ESTABLISHING THE DEFINITION FOR Third District HOMELESS" Troy Warner Dear Chairperson Wax: Fourth District Discrimination continues to exist in various forms in our community. Eli Wax Some forms of discrimination are intentional and easily recognized. Other Fifth District forms of discrimination may be unintentional and become recognized only Sheila Niezgodski with the benefit of hindsight and after being identified as such. The purpose Sixth District of the South Bend Human Rights Ordinance is to eliminate all forms of Karen L.White discrimination. At Large The Human Rights Ordinance was amended to prohibit Rachel Tomas Morgan discrimination based on sexual orientation and gender identity on March 27, At Large 2012. With the benefit of hindsight and the hope of foresight, it is now time to add the class of"homeless"as a protected class of persons under the Lori K.Hamann Human Rights Ordinance to protect those who are often forgotten, ignored At Large and vulnerable in our community. This addition to the Human Rights Ordinance will protect another class of persons from discrimination and remind all of the inherent dignity of all persons. The proposed amendment adds the homeless to each section of the ordinance that identifies protected classes. The proposed ordinance also adds a definition of"homeless" and"homelessness"by reference to 24 C.F.R. §§ 91.5, 582.5, and 583.5. N I/i• pLTHe-.s City of South Bend0 fid -574 235-9321 I % Fax(574) 235-9173 w 7ti 1DD 574 235-5567 PEACE Common Councilhttp://www.southbendin.govTs.=: 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601 1865 I0,, Finally, the proposed amendment replaces "handicap" in section 2-132 with "disability." This appears to be an oversight from a prior version. I am filing this proposed ordinance for first reading on July 10, 2023, and request that it be included on the Health and Public Safety Committee agenda to be followed by second and third readings and public hearing on July 24, 2023. Thank you for your consideration. Sincerely yours, Lori K. Hamann., At-Large Member South Bend Common Council Filed in Clerk's Office JUl 2 Cin'C E K;CirS :U. 5;; 2EBS3END,IN Filed in Clerk's Office BILL NO.47-23 JUL 052023 DAWN M.JONES ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING THE STATUS OF"HOMELESS" TO THE PROTECTED CLASSES OF PERSONS UNDER THE SOUTH BEND HUMAN RIGHTS ORDINANCE, CHAPTER 2,ARTICLE 9, OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING THE DEFINITION FOR"HOMELESS" STATEMENT OF PURPOSE AND INTENT Discrimination continues to exist in various forms in our community. Some forms of discrimination are intentional and easily recognized. Other forms of discrimination may be unintentional and become recognized only with the benefit of hindsight and after being identified as such. The purpose of the South Bend Human Rights Ordinance is to eliminate all forms of discrimination. The Human Rights Ordinance was amended to prohibit discrimination based on sexual orientation and gender identity on March 27, 2012. With the benefit of hindsight and the hope of foresight, it is now time to add the class of"homeless" as a protected class of persons under the Human Rights Ordinance to protect those who are often forgotten, ignored and vulnerable in our community. This addition to the Human Rights Ordinance will protect another class of persons from discrimination and remind all of the inherent dignity of all persons. These proposed amendments are believed to be reasonable and necessary and in the best interests 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 9 of the South Bend Municipal Code(Human Rights Ordinance) shall be and hereby is amended at are added to of the South Bend Municipal Code and the Article is hereby amended to read in its entirety as follows: ARTICLE 9. HUMAN RIGHTS ORDINANCE Sec. 2-126. Short title. This article shall be known as the South Bend Human Rights Ordinance. Sec. 2-127. Purpose. a) It is the public policy of the City of South Bend to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property including, but not limited to,housing, and to eliminate segregation or separation based on race, religion, color, sex, disability,national origin, ancestry, sexual orientation or gender identity, homelessness, and familial status in housing, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property including but not limited to housing are hereby declared to be civil rights. b) The practice of denying these rights to properly qualified persons by reason of race, religion, color, sex, disability, national origin, ancestry, sexual orientation or gender identity, homelessness, or familial status in the case of housing of such person is contrary to the principles of freedom and equal opportunity, and is contradictory to the objectives of the public policy of this City and shall be considered discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, disability, national origin, ancestry, sexual orientation or gender identity, homelessness, or familial status in the case of housing, through reasonable methods is the purpose of this Article. c) It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers,builders, and lending institutions from unfounded charges of discrimination. Sec.2-127.1. Prohibited Conduct. a) No person shall discriminate against any other person in education, employment, access to public conveniences and accommodations based on race, color, sex, disability, national origin, ancestry, sexual orientation or gender identity or homelessness. Nor shall any person deny any other person equal opportunity for education, employment, access to public conveniences and accommodations based on race, religion, color, sex, disability, national origin, ancestry, sexual orientation or gender identity or homelessness. Such discrimination or denial of equal opportunity shall be an unlawful practice. b) No person shall refuse to sell or to rent after the making of a bona fide offer; refuse to negotiate for the sale or rental or otherwise make unavailable or deny a dwelling; or otherwise discriminate against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color,religion, sex, familial status, disability, national origin, sexual orientation or gender identity or homelessness. Conduct in violation of this section shall be an unlawful practice. c) No person may coerce, intimidate, threaten or interfere with any other person: 1) In the exercise or enjoyment of any right granted or protected by this chapter; or 2) Because the person has exercised or enjoyed, or has aided or encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter. d) No person shall commit any other discriminatory practices as defined in any other section of this Article. e) Protections in this Article against discriminatory practices with regard to sexual orientation or gender identity shall not apply to decisions of an employer which is a religious society or order, association, organization, institution or related entity when such protections affect the definition, advancement of the mission(s), practice(s) or belief(s) of such religious society or order, association, organization, institution or related entity charged with the implementation of such decision or decisions, and no requirement of this article shall compel any person to act in a manner contrary to that which has been granted specific protection by the United States Supreme Court in Boy Scouts ofAmerica and Monmouth Council, et al. v. Dale, 530 U.S. 640 (2000). f) The protections in this Article against discriminatory practices regarding sexual orientation or gender identity in employment shall not be construed to require that health care plans, insurance,pension, or similar additional benefits provided by employers and benefiting the spouses of employees be extended to non-married domestic partners of any employee. g) This Article shall be construed broadly to effectuate its purpose. Sec.2-128. Definitions. a) The term "Commission" shall mean the South Bend Human Rights Commission. b) The term "Director" shall mean the Director of the South Bend Human Rights Commission. c) The term "Commission Attorney" shall mean the City Attorney or such assistants of the City Attorney as may be assigned to the Commission, or such other attorney as may be engaged by the Commission with the consent of the City Attorney. d) The term "employee" shall mean any person employed by another for wages or salary; provided, that it should not include any person employed by his or her parents, spouse or child. e) The term "employer" shall include the City of South Bend, or any department thereof, and any person having six (6) or more employees within the State of Indiana and doing business within the City, except that the term does not include: 1) Any bona fide private membership club (other than a labor organization) which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; 2) Any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution to the extent that the school, educational or charitable institution hires employees of a particular religion; 3) Any office, officer, board, commission, department, division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other instrumentality of the State of Indiana, any hospital, any penal institution and any other institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the State of Indiana. f) The term "employment agency" shall mean any person undertaking, with or without compensation, to procure, recruit, refer or place employees. g) The term "labor organization" shall mean any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of mutual aid or protection in connection with employment. h) The term "educational institution" shall mean all public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students, except that they shall not discriminate on the basis of race, color or national origin sexual orientation or gender identity or homelessness. i) The term "discriminatory practice" shall mean the exclusion of a person by another person from equal opportunity or a system which excludes persons from equal opportunity in employment, education, public conveniences and accommodations because of race,religion, color, sex,disability, national origin, ancestry, sexual orientation or gender identity or homelessness. A discriminatory practice also means the refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions,privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, national origin, sexual orientation or gender identity or homelessness. A "discriminatory practice" shall also include the following: 1. Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, national-origin, sexual orientation or gender identity, or homelessness; 2. Falsely representing that a dwelling is not available for inspection, sale, or rental based on race, color, religion, sex, disability, familial status,national origin, sexual orientation or gender identity, or homelessness; 3. Coercion, intimidation,threats, or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by sections 2-128.1, 2-128.2, 2-128.3, 2-128.4 or 2- 128.5 of this chapter; 4. Blockbusting based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, national origin, sexual orientation or gender identity, or homelessness; 5. Discrimination because of race, color, religion, sex, disability, national origin, sexual orientation or gender identity, homelessness, or familial status by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by the denial of access to or participation in a multiple-listing service or other real estate broker organization or services. Every discriminatory practice relating to the acquisition or sale of real property, education, public accommodations or employment shall be considered unlawful unless it is specifically exempted by this Article. j) "Public accommodation" shall mean any establishment, organization or authority which caters or offers its services or facilities or goods to the general public, including, but not limited to, motels, hotels, theaters, stores, public restaurants, public library services, and public recreational services and facilities. k) "Charging party" shall mean any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice or the Director of the Commission with the approval of the full Commission charging that a discriminatory practice was committed against a person other than himself or a class of people in order to vindicate the public policy of the City of South Bend as defined in sections 2-127, 2-128.1, 2-128.2, 2-128.3, 2- 128.4 and 2-128.5 of this article. 1) "Charge" shall mean any written grievances filed by a charging party with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments; notarial service shall be furnished by the Commission without charge. To be acceptable by the Commission a charge shall be sufficiently complete so as to reflect properly the full name and address of the charging party; the name and address of the respondent against whom the charge is made; the alleged discriminatory practice and a statement of the particulars thereof; if of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as is alleged in the charge, together with a statement as to the status or disposition of such other action. No charge based upon discrimination in housing and housing related transactions as prohibited by this act shall be valid unless filed within one(1)year from the date of the alleged act. No charge based upon any discrimination other than housing and housing related transactions shall be valid unless filed within ninety(90) days from the date of the alleged act, or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer, or labor union. m) "Respondent" shall mean any person against whom a charge is filed. n) "Consent agreement" shall mean a formal agreement entered into in lieu of adjudication. o) "Affirmative action" shall mean those acts which the Commission deems necessary to assure compliance with the South Bend Human Rights Ordinance. p) The term "sex" as it applies to segregation or separation in this article shall apply to all types of employment, education,public accommodation, and housing. q) "Disabled" or"disability" means, with respect to a person: 1) A physical or mental impairment that substantially limits one(1) or more of the person's major life activities; 2) A record of having an impairment described in subdivision (1); or 3) Being regarded as having an impairment described in subdivision(1). The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act(21 U.S.C. § 802). r) "Person" means one(1) or more individuals,partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy,mutual companies,joint-stock companies, trusts, unincorporated organizations, trustees,receivers, fiduciaries and other organized groups of persons. s) "Familial status" means that the person who is the subject of discrimination is: 1) Pregnant; 2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person: A) Is the parent or legal custodian; or B) Has the written permission of the parent or legal custodian for domicile with that person; or 3) In the process of obtaining legal custody of an individual younger than eighteen (18) years of age. t) "To rent" includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. u) "Dwelling" means: 1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one(1) or more families; or 2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision(1). v) "Secretary" means the Secretary of Housing and Urban Development. w) "Gender identity" means an individual having or being perceived as having a gender-related self-identity, self-image, appearance, expression or behavior different from those characteristics traditionally associated with the individual's assigned sex at birth. x) "Sexual orientation" means an individual's actual or perceived identity or practice as a lesbian woman, gay man, bisexual person or heterosexual person. y) "Homeless" and"Homelessness"has the definition set forth at 24 C.F.R. §§ 91.5, 582.5, and 583.5 and as may be amended from time to time. Sec. 2-128.1. Prohibited Notices, Statements,Advertisements, or Representations in Housing. a) A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, national origin, sexual orientation or gender identity, homelessness, or an intention to make such a preference, limitation, or discrimination. b) A person may not represent to any person because of race, color,religion, sex, disability, familial status, national origin, sexual orientation or gender identity, or homelessness that a dwelling is not available for inspection, for sale, or rental when the dwelling is so available. c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, sex, disability, religion, familial status national origin, sexual orientation or gender identity or homelessness. Sec. 2-128.2. Disability Discrimination in Housing. a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter,nor may a person discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of: 1) The buyer or renter or person; 2) A person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or 3) Any person associated with the buyer or renter or person. b) For purposes of this section only, discrimination includes the following: 1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises. 2) A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. 3) In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that: A) The public use and common use parts of the dwellings are readily accessible to and usable by disabled persons; B) All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and C) All premises within the dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling; 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; 3. Reinforcements in bathroom walls to allow later installation of grab bars; and 4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. c) As used in subsection (b), "covered multi-family dwellings" means: 1) Buildings consisting of four(4) or more units if the buildings have one(1) or more elevators; and 2) Ground floor units in other buildings consisting of four(4) or more units. d) Compliance with the rules of the fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (ANSIA117.1) satisfies the requirements of subsection(b)(3)(C). e) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. Sec. 2-128.3. Loans or financial assistance. a) As used in this section, "residential real estate related transaction" means the following: 1) Making or purchasing loans or providing other financial assistance: A) To purchase, construct, improve,repair, or maintain a dwelling; or B) Secured by residential real estate. 2) Selling, brokering, or appraising residential real property. b) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available, or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, homelessness, or national origin. Sec. 2-128.4. Brokers' organizations, services, or facilities. A person may not deny any person access to, or membership or participation in, a multiple- listing service,real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color,religion, sex, disability, familial status, homelessness, or national origin. Sec. 2-128.5. Elderly housing exception to discrimination based on familial status. a) The denial of housing rights and opportunities based on familial status as prohibited by this article shall not apply to housing intended for and solely occupied by persons over sixty-two 62) years of age or older or which is designed and operated to assist elderly persons under a federal or state program. If there are persons living in such housing under age sixty-two (62), this exception applies provided that: 1) All occupants after September 13, 1988 are at least sixty-two (62)years old; 2) Any unoccupied units are reserved for occupancy by persons at least sixty-two (62) years old; and 3) Any persons under age sixty-two (62) occupying said housing after September 13, 1988 are employees of the housing and their family members residing in the same unit, and such employees perform substantial duties directly related to the management or maintenance of the housing. b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development. Sec. 2-128.6. Single-family and small unit exception. a) Except for the prohibition against the making,printing or publishing of a sale or rental notice containing discriminatory preference or limitation as set forth in section 2-128.1(a) of this article, no other prohibition concerning housing or housing related practices shall apply to: 1) Any single-family house sold or rented by an owner: Provided, that such private individual owner does not own more than three (3) such single-family houses at any one time: Provided further,that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period: Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of,more than three(3) such single-family houses at any one time: Provided further, that after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and(B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 2-128.1(a) of this article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or 2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four(4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development. Sec.2-129. Human Rights Commission created, composition; tenure of members, filling vacancies; removal, compensation. a) There is hereby created a South Bend Human Rights Commission composed of nine(9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community. b) Successors to all members of the Commission shall be appointed for terms of four(4)years, except when appointed to fill a vacancy, in which case such appointment shall be for the unexpired term. c) Members of the Commission may be removed by the appointing authority for just cause. All members of the Commission shall serve without compensation. Sec. 2-130. Appointment of members, quorum; election of officers; meetings; concurrence of majority required for action. a) Six (6)members shall be appointed by the Mayor and three(3) members shall be appointed by the President of the Common Council. Each appointment shall be for a term of four(4) years. In the event of death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed. Members of the Commission may be removed by the appointing authority for just cause. All members of the Commission shall serve without compensation and any five (5) members shall constitute a quorum. b) The Commission shall elect from its membership once each year a chair, vice-chair and secretary. c) The Commission shall hold one(1)regular meeting each month and such special meetings as the chair may deem necessary. d) It shall take the concurrence of a majority of the Commission membership to take legal or official action, except that a determination of probable cause may be based upon a concurrence of a majority of Commissioners voting upon the case excluding members abstaining. Sec. 2-131. Powers and Duties of Commission. The Commission is empowered to and shall do the following: a) Establish and maintain a permanent office in the City of South Bend. b) Recommend to the Mayor for appointment an executive director, or such personnel as it may deem necessary, and to prescribe their duties. c) Adopt,promulgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with the provisions of this article and state laws. Such rules and regulations shall be adopted in accordance with the provisions of this article as it may hereafter be amended. d) Formulate policies to effectuate the purposes of this article and make recommendations to the City to effectuate such policies. The several departments, commissions, boards, authorities, divisions, bureaus and officers of the City may furnish the Commission, upon its request, all records, papers, and information in their possession relating to any matter before the Commission. e) Receive and investigate charges of discriminatory practices. The Commission shall not hold hearings in the absence of a charge as herein defined. All investigations of charges shall be conducted by staff members of the Commission. f) Issue such publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin, ancestry, sexual orientation or gender identity, homelessness or familial status in the case of housing. g) Prepare and issue a report annually to the Common Council and Mayor, describing in detail the investigation and conciliation proceedings it has conducted and their outcome, the progress made and any other work performed and achievements towards the elimination of discrimination. h) Prevent any person from discharging, expelling or otherwise discriminating against any other person because he filed a charge or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation. i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena,but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business. 1) The Commission shall state its finding of fact after a hearing, and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this article, including but not limited to the power to restore charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the respondent's compliance with said policy in places of public accommodations; and it may require proof of compliance to be filed by the respondent at periodic intervals. A) Except in housing cases which are separately treated in sub-part(C) of this section, the Commission may impose a penalty upon any respondent of one thousand five hundred dollars ($1,500.00) for the first and second violation of this article within a five-year period and may further impose a penalty of two thousand five hundred dollars ($2,500.00) for three (3) or more violations of this article within a five-year period. B) When applied to discrimination in employment, the Commission shall also have power, to the extent consistent with state law, to restore charging party's losses by awarding damages including wages, salary, commissions, fringe benefits in an amount not to exceed that lost over a two-year period. For discrimination in employment and housing, the Commission shall also have the power, to the extent consistent with state law,to award damages which will compensate charging party for future pecuniary loss, emotional pain, suffering, inconvenience, anguish, loss of enjoyment of life and other non- pecuniary losses, costs and attorney fees. C) To vindicate the public interest in cases of housing discrimination, the Commission may assess a civil penalty of two thousand five hundred dollars 2,500.00) for each commission of a discriminatory housing practice. D) The Commission may sue to recover a civil penalty due under this section. 2) Judicial review of any decision of the Commission as referred to in this article may be obtained under IC 4-21.5-1 in the same manner as if the decision was that of a State agency. However, only in those cases involving discriminatory housing practices as prohibited by this Chapter, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty(20) days after the date of receipt by the electing person of service under this chapter, and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates. Such civil action shall be filed in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant any relief appropriate in a civil action under this Article or IC 22-9.5-8.1-2 or as authorized by the Civil Rights Act of 1991, or the federal Fair Housing Act. 3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the charging party shall be permitted to have damages determined in the circuit of superior court of St. Joseph County or any other court of proper jurisdiction having the power to award punitive damages as allowed by the Fair Housing Act. Charging parties shall make such a request to the Commission in writing within five(5) days from the notice of final Commission action, which notice shall advise charging party of this right to damage determination, and the Commission shall represent charging party at the Commission's expense in such court action for damages. The Commission shall seek such a judicial determination of damages within one (1)year of the alleged discriminatory housing practice. If it is impracticable for the Commission to seek such a determination within one(1) year of the alleged discriminatory act, it shall notify charging party and respondent in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. j) Reduce the terms of conciliation agreed to by the parties to a writing to be called a "consent agreement" which the parties and a majority of the Commissioners shall sign and when so signed the consent agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission's jurisdiction. k) Institute actions in the St. Joseph Superior or Circuit Court for appropriate or equitable relief. 1) Transfer cases to the Indiana Civil Rights Commission or to an appropriate federal agency and to receive cases transferred from the Indiana Civil Rights Commission or from an appropriate federal agency. The South Bend Human Rights Commission shall proceed to act on any case transferred to it from the Indiana Civil Rights Commission as if the case had been originally filed with the South Bend Human Rights Commission as of the date the charge was filed with the Indiana Civil Rights Commission. Sec. 2-132. Discrimination in performance of City contracts. Every contract to which the City is a party, including franchises granted to the public utilities, shall contain a provision requiring the contractor and his subcontractor not to discriminate against any employee or applicant for employment who is to be employed in the performance of such contracts with respect to his hire, tenure, terms, conditions or privileges of employment, because of his race, religion, color, sex, disability, homelessness, or national origin or ancestry. Breach of this covenant may be considered a material breach of the contract. Sec. 2-132.1. Private enforcement. This section may be enforced by an aggrieved charging party through the commencement of an action in the St. Joseph County circuit or superior court or any other court of proper jurisdiction not less than one(1) year after the occurrence or termination of the alleged discriminatory practice. SECTION II. Severability. If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION III. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office JUL 0 5 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN