HomeMy WebLinkAboutSubstitute Bill No. 24-01 Correcting Scrivener's Error: Peak and Assest Management LLCCITY OF SOUTH BEND
COMMUNITY INVESTMENT
January 4, 2024
Council Member Sharon McBride
President
South Bend Common Council
County -City Building, 4th Floor
South Bend, Indiana 46601
Council Member Troy Warner
Chairperson
Community Investment Committee
South Bend Common Council
County -City Building, 41h Floor
South Bend, Indiana 46601
RE: SUBSTITUTE Bill No. 24-01 — Resolution Correctinq Scrivener's Error: Retail
Development Real Property Tax Abatement Petition for Peak Investment and Asset
Management LLC
Dear President McBride and Council Member Warner,
Please find the enclosed SUBSTITUTE Bill No. 24-01, which is a resolution correcting a
scrivener's error in Resolution No. 5031-23, a Declaratory Resolution adopted by the Common
Council on June 26, 2023, and Resolution No. 5040-23, the subsequent Confirming Resolution
adopted by the Council on July 10, 2023. Collectively, these two resolutions provide a real
property tax abatement for a retail development by Peak Investment and Asset Management
LLC.
The enclosed resolution will supersede a similar resolution adopted by the Common Council on
August 28, 2023. The August 2023 Resolution was not finalized and enacted because of an
error in its numbering —it was assigned a bill number that was previously used. This substitute
serves to repeat the content of the August 2023 Resolution, and we ask that this Council re -
approve the August 2023 Resolution in its entirety, rather than renumber the Resolution as
proposed in the original bill filed with the Clerk's office on January 3.
The development receiving the abatement will consist of two retail buildings and a parking lot
over three parcels at the corner of Portage Avenue and Elwood Avenue. Unfortunately, the
abatement resolutions adopted by the Council included only one of the parcels and
inadvertently and in error excluded the other two parcels. The new resolution to be presented to
Council for consideration will add the two parcels to the abatement and correct the error.
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,
Filed in Clerk's Office
_
JAIv 0 4:2024
Erik Glavich
Director, Growth and Opportunity
CITYCLERK, SOUTH BEND, I
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400S County -City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 466011 p 574.235.9371 I www.southbendin.gov
Filed in Clerk's Office
SUBSTITUTE BILL NO.24-01 JAN 4` 024
RESOLUTION NO. CI7YCLERK, SOUTH BEN , IN
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND INDIANA CORRECTING SCRIVENER'S ERROR
IN RESOLUTION NO. 5031-23 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
AND CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5040-23
CONFIRMING THE ADOPTION OF RESOLUTION NO. 5031-23
WHEREAS, on June 26, 2023, the Common Council of the City of South Bend, Indiana,
adopted Resolution No. 5031-23 designating a certain area within the City as an Economic
Revitalization Area for the purpose of tax abatement consideration; and
WHEREAS, Resolution No. 5031-23 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 20121 Con w/ 018-2182-6830 Per
Assessors Reg IC 6-1.1-5-16
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, on July 10, 2023, the Common Council adopted Resolution No. 5040-23
confirming Resolution No. 5031-23; and
WHEREAS, in addition to the area described in Resolution No. 5031-23 and Resolution
No. 5040-23, the area designated as an Economic Revitalization Area by Resolution No. 5031-23
and confirmed by Resolution No. 5040-23 should have also included the area described as:
Key Number: 71-03-35-360-017.000-026
Commonly Known As: 1301 Elwood Avenue
Legal Description: Lot 8 Victory Add
Key Number: 71-03-35-360-016.000-026
Commonly Known As: 1305 Elwood Avenue
Legal Description: Lot 7 Victory Add
and that this additional area was inadvertently excluded in error from Resolution No. 5031-
23 and Resolution No. 5040-23; and
WHEREAS, the Common Council desires to correct this scrivener's error appearing in
Resolution No. 5031-23 and in Resolution No. 5040-23.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The area designated as an Economic Revitalization Area by Resolution No. 5031-23
as adopted on June 26, 2023, and confirmed by Resolution No. 5040-23 as adopted on July 11,
2023, is deleted and in its place is inserted 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 20121 Con w/ 018-2182-6830 Per
Assessors Req IC 6-1.1-5-16
Key Number:
Commonly Known As
Legal Description:
Key Number:
Commonly Known As
Legal Description:
71-03-35-360-017.000-026
1301 Elwood Avenue
Lot 8 Victory Add
71-03-35-360-016.000-026
1305 Elwood Avenue
Lot 7 Victory Add
SECTION II. Resolution No. 5040-23 is reaffirmed in all other respects and will continue in full
force and effect according to its terms.
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:
Bianca Tirado, 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 2024, at
o'clock m.
.m.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2024, at _ o'clock
James Mueller, Mayor
City of South Bend