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HomeMy WebLinkAbout24-09 Resolution Correcting Scrivener's Error in Resolution No. 5015-23 Designating 722 Harrison Avenue and 726 Harrison Avenue Filed in Clerk's Office rado (0)----17-111 .,,,, MaR2n2024 U CITY OF SOUTH BEND ��,. P � �� Crty Cle knSoulca 'h �r�nt, � �\ ,jk COMMUNITY INVESTMENT , IN March 20, 2024 Council Member Sharon McBride Council Member Troy Warner President Chairperson South Bend Common Council Community Investment Committee County-City Building, 4th Floor South Bend Common Council South Bend, Indiana 46601 County-City Building, 4th Floor South Bend, Indiana 46601 RE: Resolution Correcting Scrivener's Error: Single-Family Residential Real Property Tax Abatement for Cross Community, Inc. Dear President McBride and Council Member Warner, Please find the enclosed resolution correcting a scrivener's error in Resolution No. 5015-23, a Declaratory Resolution adopted by the Common Council on April 10, 2023, and Resolution No. 5016-23, the subsequent Confirming Resolution adopted by the Council on April 24, 2023. Collectively, these two resolutions provide a real property tax abatement for two single-family homes that were to be built by Cross Community, Inc. on the 700 block of Harrison Avenue. In April 2023, when the Common Council adopted the resolutions providing the tax abatement, the addresses for the affected parcels were in the process of being modified. As a result of this process, one of the two parcels to which the 2023 abatement applied was inadvertently incorrect. The enclosed resolution will correct this error and apply the abatement to the proper parcels, which are currently 722 and 726 Harrison Avenue. The new single-family homes are part of a program run by Cross Community in support of first- time homebuyers, who participate in financial and credit-building workshops. Cross Community spent over$560,000 building the two homes and far exceeded the commitment associated with the abatement. 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, _,) --L._. 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 www.southbendin.gov Filed in Clerk's Office BILL NO. 24-09 MAR 2 0 2024 RESOLUTION NO. Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5015-23 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 722 Harrison Avenue, South Bend, Indiana 46616 AND 726 Harrison Avenue, South Bend, Indiana 46616 A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE-YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Cross Community, Inc. AND CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5016-23 CONFIRMING THE ADOPTION OF RESOLUTION NO. 5015-23 WHEREAS, on April 10, 2023, the Common Council of the City of South Bend, Indiana, adopted Resolution No. 5015-23 designating a certain area within the City as a Residentially Distressed Area for the purpose of tax abatement consideration; and WHEREAS, Resolution No. 5015-23 designated the area described as: Key Number: 71-08-02-407-013.000-026 Commonly Known As: 724 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 Key Number: 71-08-02-407-012.000-026 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 1 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 a Residentially Distressed 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 April 24, 2023, the Common Council adopted Resolution No. 5016-23 confirming Resolution No. 5015-23; and WHEREAS,the area described in Resolution No. 5015-23 and Resolution No. 5016-23 as a Residentially Distressed Area should not have included the area identified by Key Number 71- 08-02-407-012.000-026 and instead should have included the area describe as: Key Number: 71-08-02-407-014.000-026 Local Parcel Number: 018-1070-2983 Commonly Known As: 722 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 3 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 as a Residentially Distressed Area; and WHEREAS,the petitioner notified the Department of Community Investment on February 20, 2024, of the change in the commonly known addresses of the parcels designated as a Residentially Distressed Area; and WHEREAS,the Department of Community Investment investigated the change of address and determined that the area identified by Key Number 71-08-02-407-012.000-026 was inadvertently and incorrectly included as part of the area designated as a Residentially Distressed Area and the area identified by Key Number 71-08-02-407-014.000-026 was inadvertently and incorrectly excluded from the area designated as a Residentially Distressed Area; and WHEREAS, at the times Resolution No. 5015-23 and Resolution No. 5016-23 were each adopted, the area identified by Key Number 71-08-02-407-012.000-026 was commonly known as 726 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS, following the adoptions of Resolution No. 5015-23 and Resolution No. 5016- 23, respectively, the commonly known address of the area identified by Key Number 71-08-02- 407-012.000-026 changed and is now commonly known as 728 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS, at the times Resolution No. 5015-23 and Resolution No. 5016-23 were each adopted, the area identified by Key Number 71-08-02-407-013.000-026 was commonly known as 724 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS,following the adoptions of Resolution No. 5015-23 and Resolution No. 5016- 23, respectively, the commonly known address of the area identified by Key Number 71-08-02- 407-013.000-026 changed and is now commonly known as 726 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS, at the times Resolution No. 5015-23 and Resolution No. 5016-23 were each adopted, the confusion associated with the commonly known addresses of the areas identified by Key Number 71-08-02-407-013.000-026 and Key Number 71-08-02-407-012.000-026, respectively, contributed to the inadvertent and incorrect inclusion of the area identified by Key Number 71-08-02-407-012.000-026 as an area designated as a Residentially Distressed Area and the inadvertent and incorrect exclusion of the area identified by Key Number 71-08-02-407- 014.000-026 from the area designated as a Residentially Distressed Area; and WHEREAS, the Common Council desires to correct this scrivener's error appearing in Resolution No. 5015-23 and Resolution No. 5016-23; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The area designated as a Residentially Distressed Area by Resolution No. 5015-23 as adopted on April 10, 2023, and confirmed by Resolution No. 5016-23 as adopted on April 24, 2023, is deleted and in its place is inserted the area described as: Key Number: 71-08-02-407-013.000-026 Local Parcel Number: 018-1070-2982 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 Key Number: 71-08-02-407-014.000-026 Local Parcel Number: 018-1070-2983 Commonly Known As: 722 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 3 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 SECTION II. Resolution No. 5016-23 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. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of ,2024,at o'clock .m. James Mueller, Mayor City of South Bend Filed in Clerk's Office CITY OF SOUTH BEND MAR 2 fl 2024 FF.A`F. Bianca Tiracic� COMMUNITY INVESTMENT CityClerk,caTir cio IN M R 1K1\;l April 19, 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: Residential Real Property Tax Abatement Petition for Cross Community, Inc. Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a residential real property tax abatement petition submitted by Cross Community, Inc., an Indiana Nonprofit Corporation. This petition package includes: • Department of Community Investment's summary report • Petition for abatement • Statement of Benefits forms (SB-1 / Real Property) • Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to build two new houses on vacant lots Harrison Avenue,just north of Lincoln Way West, with an estimated construction cost of$440,000. The project meets the requirements established by Sections 2-77 et seq. and would qualify for a five-year (5) residential real property tax abatement. Representatives from Cross Community, Inc., will be available to meet with the Committee on Monday, April 24, 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 www.southbendin.gov Filed in Clerk's Office TAX ABATEMENT REPORT MAR 2 0 2024 TO: South Bend Common Council Bianca Tiracio City Clerk, South Build, IN FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Residential Real Property Tax Abatement Petition for Cross Community, Inc. DATE: April 19, 2023 On March 30, 2023, a tax abatement petition for Cross Community, Inc., was filed with the Office of the City Clerk. The petition seeks consideration for a residential development real property tax abatement for the completion of two new 2-story homes that will range from 1,400 to 1,600 square feet. These new houses will be sold to first time homebuyers who have participated in financial/credit building workshops. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area or a Residentially Distressed 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 which each is attached), investigated the area, and makes the following report. Project Summary • The petitioner, Cross Community, Inc., plans to build two new single-family houses at 724 and 726 Harrison Ave. These new houses will range from 1,400 to 1,600 square feet and will feature 3 bedrooms, 2.5 bathrooms, and a finished basement. • The intended occupants will be first time homebuyers who have participated in financial/credit building workshops. • The petitioner is investing a total of$440,000 to develop these two new houses. • These houses will be built in two empty lots where former houses had been torn down. The lots had become abandoned, vacant, and blighted. Tax Estimates The petitioner qualifies for a five-year(5) residential real property tax abatement. • Current taxes for 2022: $86 • Total estimated taxes during the five-year (5) abatement period: $21,303 • Estimated taxes being abated during the abatement period: $17,978 • Estimated total taxes to be paid during the abatement period: $3,325 Employment Impact There are no employees of Cross Community, Inc. • For the development of the two houses, Cross Community, Inc., intends to employ local companies, require employees versus independent contractors, and require a prevailing wage, health benefits, and an affirmative action plan. Abatement Qualification 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or is associated with any prior 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 located in the River West Tax Incremental Financing (TIF) area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a five-year(5) residential real property tax abatement under section 2-77.1, Single Family Residential Construction. Filed in Clerk's Office MAR 2 n 2024 ai ,ic.• rr.io4 City Clerk, South bond, IN 2 5-Year Abatement March 30,2023 Cross Community Inc. South Bend Portage Township Residential Real Property Tax Abatement Schedule* Type of Dwelling: Single-Family Home -2 homes- Estimated Project Cost: $ 440,000 New Construction Property Address: 724&726 Harrison Avenue Tax Key Number: 71-08-02-407-013.000-026;71-08-02-407-012.000-026 Current Without (2 Properties) Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Assessed Value(AV) Land $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 Structure(80%AV of Project Cost) - 352,000 352,000 352,000 352,000 352,000 352,000 Gross Assessed Value 6,000 358,000 358,000 358,000 358,000 358,000 358,000 Abatement 100% 100% 95% 95% 90% Abatement Deduction - (164,300) (164,300) (156,085) (156,085) (147,870) Homestead Deduction** - (96,000) (96,000) (96,000) (96,000) (96,000) (96,000) Mortgage Deduction** - - - - - - - Supplemental Homestead Deduction - (91,700) (91,700) (91,700) (91,700) (91,700) (91,700) Net Assessed Value 6,000 170,300 6,000 6,000 14,215 14,215 22,430 Property Taxes Assume constant tax rate of 5.2897% `_Y1 Gross Tax(Tax Rate x Net AV) 317 9,008 317 317 752 752 1,186 0 Circuit Breaker&Other Credits (113) (4,748) - - - - - d Taxes Due $ 204 $ 4,261 $ 317 $ 317 $ 752 $ 752 $ 1,186 CD W ? 5' 3% 1% 1% 1% 1% 1% 1% 0 Circuit Breaker Cap 180 3,580 3,580 3,580 3,580 3,580 3,580 0 W N..., (D Debt Service(0.3997%of Net AV) 24 681 24 24 57 57 90 C__I o - Max Tax Under the Cap 204 4,261 3,604 3,604 3,637 3,637 3,670 �'.E, N 7, CJO .c Current Taxes New Combined Net Taxes C Year Abatement Due Projected Tax Newrent Taxes Taxes Abated Paid Z 1 100% $ 204 S 4,057 $ 4,261 $ (3,943) $ 317 Ci. 2 100% 204 4,057 4,261 (3,943) 317 3 95% 204 4,057 4,261 (3,509) 752 4 95% 204 4,057 4,261 (3,509) 752 5 90% 204 4,057 4,261 (3,074) 1,186 Total: 1,020 20,284 21,303 (17,978) 3,325 '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 "Changes to homestead and mortgage deductions took affect for tax year 2023. MAR G 2023 City of South Bend cnY + a Petition for Incentives the AEND IN Pabftion mull bald,a$230l o leer Pal**to the City awes oprce property or personal ero ap tyleg.property befo!e processing can be cambia* fw whkh you■re■PPtying. General Information Project Name I I Project Number lapt Woe as registered ielth Secretary orState Cross Community Inc. au>rmr per. CDC-Domestic Nonprofit Corporation Company 1eebeM https://mycrosscommunity.org/ Proposed Project Information erovo..d waled eadf e`t 724&726 Harrison Aveoty Pawn Company name 'State, ap South Bend,IN 46616 Leal owner Cross Community Inc. Sit.a m.a rouge requtad 0.34 �'�eeemr at mat•owned Owned Sgt.re feet or facility WA 11 lashed.by wMm7 Prim ry-co'r tact lnfoi itIon"`*" Primary oomipa°y contact rams Tina Patton Tile President Addnrce of company contact 707 Sherman Ave 'one 574-876-2106 Siam Zip I South Bend,IN 46616 Email Impatton2©comcast.n et Se1tlaf Ofikial tnformlttoit y ' Company senior onldel name - "^`•: Same as above Tb' Address of company contact PI afferent from above) Phone City,Stets.lip [mall Cons@@Alt infa rmat)on/Agent Hind buaMau mntuitant/egurt name Consorter t reieera?rY/nit Addntea Lae I economic devote mew preen approval?(VM) cry,state,Zit Email Project Overview Brief description of your compan1,.11110111..r111 $le,. We will building two (2) new two-story homes that in general will be economic growth between 1390-1620 sqft with 3 bedrooms, 2.5 bathrooms, with a finished basement. The homes will be sold to first time homeowners who have participated in financial/credit building workshops. Certified Technology Pal appropriate N/A lathe project In rip locnensrnat Reaming- UT0)area?Ni.,which? River West Na...building Prmtha been leaned (y/N) l,t Number of residential untie created by NotrNot eligible for abetment it Yeti /V Mores 2 if the Is a petition for pereoaet property Om abaterttent,Pan the wbmant been hrdead7 N/A Investtitent Details Piddle Inhs a aeneeds Net any Ne bus,. Met u thereto'et Ivry oedema&betegeurdtasedIn Whet NtMveleeetow equipment Wog WHIM of protect In Millar.) remelted? debris ter the preAd? purchased brew,our elation eer tire protect? $45-60k r Filed in Clerk's Office MAR 2 n 2024 City Clerk,i(S%uu)'OUIK A, IN — ►-pled,�`� Office MAR 3 G 2023 r I New Prole Investments ' _ DAWN M CatendarYear 2022 2023 2024 2025 K,280UJeWrik 21 9 land Acquisition D 'N BulIQing Lease Payments Sul klieg Purdbase Costs New Building Construction S 440.000.00 Existing Building Improvements . New Machinery&Equipment Special toeing/Retooling New Fumtture/Fbnures New Computar/rr Hardware New Software On-ete Red Infrastructure On•sfte Fiber Infrastructure TOTAL $0.00 $440.000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Hourty Cumulative tl of net rit:w full time Hourly gytragt wage,w/o Total training Total a to be permanent Mistreated ro wage w o J P )act benefits or bonuses,of expenditure- trained-not benefits or cumulative net new Jobs not cumulative bonuses cumulative 2023 2024 2023 2026 2027 ooze ` 202.9 2030 I031 2032 2033 2034 Provide hourly wage Information for new employees in the following positions. . Full dine Part time Laborers Technical Managerial Administrative Who wIU be the indMrkul respotnlb2e for coordinating with WorkOn on recruiting? Dots your company have an EEO Miring policy? Are you an EEO empbyeri 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 Indualon by detailing your 2022 outreach and recrultmemefforts tor the tan Year 2023 2022 three yearn as well as current poRWs. Full Time Part Time Full Time ►art Tine Full Time Part time Such H4pank Asian Indian Female Otter Filed in C!F,r! • h1AH 2 Il guns;t City Clerk, Suui.i i ERA Id, IN r--- - Filed it C! ark,s Office MAR 3 G 202c. Aow— Complete below for Real or Personal Property Tax Abatem CI..ERK,SOUTH B� Please sign for all requested Incentives. 61V�' IN Public Benefit Item: Information Is required on both the construction companies and the t companies which will provide materials purchased for this project. Please complete the table below with the appropriate Information. If Quality (Yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Cr_m ruction Related fContructort A. Employ Local Companies(75%) 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(Davis Bacon) Y 22 22 E. Require Health Benefits Y 22 22 F. Require Retirement Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 123 141 2 Wage Si Benefit Related(Owner): A. Pay Target Wage Levels N 33 B. Provide Health Benefits N 34 C. Provide Retirement Benefits N 29 D. Provide Training N 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: 0 162 , 3 W kfo orrce Related A. Create New lobs N 42 B. Retain Existing Jobs N 41 C. Maintain Affirmative Action Plan N 35 D. Provide Targeted Hiring Preference N 34 Sub-total Workforce Related: 0 152 4 Support a Municipal Fadity: Support a SR Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) N 84 Name of Facility I 15ub-total Municipal Fadltty: a 84 Sub-toll from Above: 123 539 '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 l.C.,6-1.1-12.1-1,et seq.,and South Be d Municipal Code rgo„for this petition state the above. Submitted By: jA r Date: March 30,2023 »j ,� P€:4 in- dierk s Office MAR 2 0 2024 Bianca Tirado City Clerk, South Bend, IN Filed ir, C►er ' k s Mice LMAR 3 G 2023 QAwn,4- -For Staff Use Only Below This Line Cal Y ciEAf( S JONIzSA1D IN A' What b Ma current aureate reline? Real Property ( l; � 3 OO J4/0 o Personal Property: E,r What in the projected auaseed value? eaal Property Iq.s :A3,5-4 Personal Property: What Is the to key number for tide project? G✓ 71 og-o2—yo7 -6/3. aoo zb What is the it Sift PUlCS coda? —7/—o 8 -6 Z-5/o 7 no/.2 .0630— C"U 2/p Please attach a Goalie map and street slaw of the real tlo t. Please led the amount of rest and personal property titan Beal Pro/arty Taxes; 'Poaoeat Property Taxes: paid for Use last Rye wen when applicable. Year Om ZDZZ 55 7a / Year Two Zr b /( ( O Year'three 24, O / 4,2•" Year Pour ICJ Year Floe 249 i p' 0 / 8 3.5-7 Please fill out else following Public Benet Summary Information and add to total from above. IY Or NI P41Its Points Public Benefit Item: Protect Related; 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 'Sub-total Protect Related; 120 6 super Size Prolstts Ipolnt wedge,Pre cumulative); A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 , Sub-total Super Site ProJacts: ` 210 7 PaY for Municipal infrastructure: \\7'J} A. Pay for Overstting or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 G Pay for 51.75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Rebated; 131 Total from Applicant Section: 539 Total from Staff Section: 461 Total Public benefit Po tote: 1000 Filed in Clerk's Office MAR 2 0 2024 Bianca Tiracto City Clerk South Bend, IN Filed in erk's Office ,011:0 MAR 3. Department of L. )4 C CITyCoj}1/ ommunity Investment LERK o_,NES., IN RESIDENTIAL TAX ABATEMENT (PETITION ADDENDUM) The undersigned owner(s)of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real 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 following: 1 Legal Name of Petitioner (same as top of page 1 of petition) Cross Community Inc. [ProiectTitie -- -- — -- - Project Address 724 & 726 Harrison Ave Project City,State,ZIP South Bend, IN 46616 Describe the proposed construction We will building Two (2)new two-story homes that in project. Include information about general will be between 1390-1620 soft with 3 square footage, number of rooms, bedrooms, 2.5 bathrooms, with a finished basement. number of stories, other amenities such as finished basements and garages, the amount of land to be used, and the proposed use of the Improvements. Also provide a general statement as to the importance of the project (use an additional sheet for long project descriptions If necessary). rEstimate the dollar value of the construction project. $ 440 000 (Do not include land cost.) ' Filed in Clerk's Office • MAR 2 n 2024 Bianca Thad() City Clerk,South Dunu', IN A%i�\ A 4,p 3G wee RESIDENTIAL TAX ABATEMENT (PETITION ADDS <F%i;N�, ?0?3 For the real property or properties for which tax abatement consideration is petitioned, provide U7 IS information below on the individual(s)or corporation(s)who own or will own the properties. If the eOw, business organization is publicly held, also indicate the name of the corporate parent, if any, and the A, name under which the corporation has filed with the Securities and Exchange Commission. Also, describe the owner's interest in the property. List out each residential property which could receive an abatement. If you need additional rows,then make additional copies of this page or attach a similar document to this petition addendum. Address Current Owner(s) Future Owner(s) Owner's Interest 724 Harrison Cross Community Inc. 726 Harrison Cross Community Inc. — — — L Filed in Clerk's Ci(1c; 2 MAR 2 0 2024 Cityn r;1rjr, ClerkBia, SocauIth L3uni.1, '",1 RESIDENTIAL TAX ABATEMENT (PETITION ADDE :6 -H„,".- er4>,..,, aC?U?,J Provide the commonly known addresses and tax key number of the property or properties. The i will start with"71"(e.g., 71-08-12-152-005.000-026)and typically has 18 numbers separated by dashes S dot.Also provide the current assessed value(s). NO List out each residential property as you did on the previous page.If you need additional rows,then make additional copies of this page or attach a similar document to this petition addendum. Estimated Market Address Tax Key Number Current Assessed f Value After Project Value Completion 4- 724 Hanson 71-08-02-407-013.000-026 $ 2,600 $ 245,000 726 Harrison 71-08-02-407-012.000-026 $ 3,400 $ 245,000 L _ List the real property taxes paid at the location(s)during the previous two calendar years, whether paid by the current owner or a previous owner. Provide the year(e.g., 2022) and the amount of total taxes paid.(Note that if a property's taxes are past due, then that property is ineligible to receive a itax abatement.) If you need additional rows, then make additional copies of this page or attach a similar document to this petition addendum. Tax Key Number Year 1 Year 1 $Taxes Paid Year 2 Year 2$Taxes Paid 71-08-02-407-013.000-026 2022 $ 85.70 2021 i $ 0.00 71-08-02-407-012.000-026 2022 $ 0.00 2021 $ 0.00 I -- -1 - rCheck box to confirm that building permits HAVE NOT been Issued for any of the propertles.� 3 Filed in Clerk's G(i�;�: ►�ii R 2 0 202/i Bianca Tir(2-1B City Clerk, South Bona IN /4,...V O RESIDENTIAL TAX ABATEMENT (PETITION ADDEND M) 'Zi;p Describe and list other anticipated City Housing Subsidy Program, City Sew: -Lci �U".i e 1 public financing for the project, Reimbursement, and City Sidewalk Repair Pr:-11 or already authorized assistanceincluding any sought p through the �y U.S. Department of Housing Urban • rye Development (HUD), the City of •/N South Bend, the South Bend Housing Authority, the Housing Assistance Office, the St. Joseph County Housing Consortium, or other entity providing financial assistance. Do not limit your response to public works improvements only.). Describe how the property has Lack of investments in the neighborhood, maintenance become undesirable for or impossible to the previous home led to it being demolished leaving of normal development because of a the lots to become abandoned,vacant and blighted lack of development,cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property. Provide the current use and zoning for each property.p rop rty. (Zoning information, including the zoning map, can be found here. if you need to add additional properties, you can add rows to the table below, use the space below the table, or use an additional sheet. Address or Current Use Tax Key Number Zone 724 Harrison Vacant U2 726 Harrison Vacant U2 Filed in Clerk's Cice 4 MAR 202024 Bianca Tirado City Clerk, South Build,Iv 'fie of RESIDENTIAL TAX ABATEMENT (PETITION ADD' DU ) '4p . e� ITndicate the Tax — I � Incremental Financing ElRiver West South Side D West ►, .'!�� area In which the properties are located. 6 / Click here to view the n River East n Douglas Road n Not in a TIF Area TIF boundaries. WHEREFORE, Petitioner has paid the required fee of$150.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. The Petitioner agrees to provide the staff of the Department of Community Investment upon request information related to the project, Including but not limited to a legal description of each property, a map and/or plat indicating the location of each property, and photographs of each property that are accurate representations of each property's condition at the time of this petition is filed. Submitted by: `+ L 7 /t '�L Signature Tina M. Patton Printed Name President Title 3/30/2023 Date 5 . riled in Cle 20 „ • City Clerk So fir�cj0 h 13eriU IN Filed in Clerk's Office I "`"''a STATEMENT OF BENEFITS MAR 3 L 2023 2023 PAY 2024 4-' 1 REAL ESTATE IMPROVEMENTS �_ Slate Form 51707(R7/1-21) DAWN M.JONES FORM SB-1 I Real Property 4.. Prescribed by the Department of Local Government Finalccrry CLERK,SOUTH BEND,IN 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 O Redevelopment or rehabilitation of real estate Improvements(IC 6 1.1-12.1-0) of the property and specNic safeties El Residentially distressed area(IC 6-1.1-12.1-4.1) paid to individual employees by the merry owrwr Is conrrdonbel per INSTRUCTIONS: PC t. -12.1-b.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 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 proscribed deadline may file on application between January 1 and May 10 of a subsequent year. 4. A property owner who Ales for the deduction must provide the county auditor and designating body with a Form CF-1/Roal Property The Form CF-1/Reel Property should be attached to the Form 3224RE when the deduction is first claimed end then updated annually for each year the deduction Is applicable. IC 6-1.1-12.1-5.1(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 SB-1/Reef Property trial 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 Cross Community Inc. Address of taxpayer NumberandStreet: 707 Sherman Ave Coy South Bend Slate: IN Zip, 46616 Name at concoct person Telephone number E-mail addresa First Name-.Tina LastNamt Patton (574)876-2106 tmpatton2i comcast.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of the City of South Bend Exalter of property County DLGF taxing district number N ab r n, ,ed street 724 Harrison Avenue city South Bend Stun IN yip.46616 St. Joseph 026(South Bend Portage) Description of real property Improvements,redevelopment,or rehabilitation(use additional sheets II necessary) Estimated start date(month,day.year) We will building 2 new homes that in general will be between 1390-1620 sqft. The homes will 5/1/2023 be sold to first time homeowners who have participated in financial/credit building workshops. Esteemed completion date(month,day,year) 12/1/2023 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT current Number Salaries Number Retained Sa4tdes Number Additional Sala des SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS Cunene-values COST ASSESSED VALUE $2.600 Plus estimated values of proposed project $220,000 S 242.400 Less values of any property being replaced Net estimated values upon completion of project S 220,000 $245,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this stateme t are true. Signature of authorized reprnsentallve Date signed(month.day year) 3/30/2023 Printed name of authorized ropresentatee Title Tina M. Patton I President Page 1of2 Filed in Clerk's c- ;.fix: ;..l(' 2 O Lfl _'i Bianca Timriti City Clerk, South Liuhtl, IN ,FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of lime not to exceed calendar years'(see below). The date this designation expires is _. NOTE:This question addresses whether the resolution contains en expiration date for the designated area. B. The type of deduction that is allowed in the designated area Is limited to: 1.Redevelopment or rehabittalion of real estate improvements ❑Yes ❑No 2.Residentially distressed areas ID Yes ❑No C. The amount of the deduction applicable is limited b$- D. Other limitations or conditions(specify) E. Number of years allowed: ❑Year 1 ❑Year 2 O Year 3 ❑Year 4 ❑Year 5 ('see below) ❑Year 6 EJ 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? ❑Yes ❑No If yes,attach a copy of the abatement schedule to this fomt. 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 tale of authorized member of designating body) Telephone number Data sIgned(month.day,year) Printed name of aulhortrod member of designating body Name of designating body Attested by(signature end age 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 fC 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 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.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules See.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 taxpayers Investment In real and personal property. (2) The number of new full-time equivalent jobs created. (3) The average wage of the new employees compered to the state minimum wage. (4) The Infrastructure requirements for the taxpayers 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 taxpayers statement of benefits. F��eaG>Ci or" 0 c/ • q�`�C ice Filed in Clerk s Office ,YC46. - 'M J\ �el MAR 2 0 2024 s°�QS Bianca Tirafiff City Clerk, South Bunk rN2 Piled in Clerk S OM 'tree Rw, MAR d, ;�, ! NTS , rm 517e7(R7!1-21) CLERK JONES FORM 8B-1/Real Property \;.• Prescribed by the Department of Local Government Finance (ITN BFN PRIVACY NOTICE This statement in being completed for real property that qualifies under the following Indiana Code(chat Any Information concerning the cost 2 Redevelopment or rehabilitation of real estate Improvements(IC 6-1.1-12.1-4) of the property end specific eater es 2 Residentially distressed area(IC 6-1.1.12.1-4.1) paid to in wrier I employees i p the Property awrar Is conflden0ol per INSTRUCTIONS: C t. tz.t-s t. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public heenng 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 tiled 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 malted 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 en 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/Rea!Property. The Form CF-1/Roes Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annualty for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Rea!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/Reel Property that is approved prior to July f, 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 Cross Community Inc. Address of taxpayer Number and Street 707 Sherman Ave City South Bend 54tr IN ZIP: 46616 Nero of contact person Telephone number 1 E-mail address Pint Name Tina Lit Nam- Patton (574) 876-2106 tmpatton2acomeast.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Nemo of designating body Resolution number Common Council of the City of South Bend Location of Property Co,rnty DLGF taxing district number Numbtraad Street 726 Harrison Avenue nitt,.South Band Safe, IN zip,46616 St. Joseph 026(South Bend-Portage) Deecrptlon of real property improvements,redevelopment,or rehabilitation(use additional sheets If necessary) Estimated start date(month.day yew) We will building 2 new homes that in general will be between 1390-1620 sqft.The homes will 5/1/2023 be sold to first time homeowners who have participated in financial/credit building workshops. Estimated mmpietion date(month day.year) 12/1/2023 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salaries Number Retained Salaries Number Additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values S 3,400 Plus estimated values of proposed project _ $220,000 S 241,600 Less values of any property being replaced Net estimated values upon completion of project $220,000 $245,000 SECTION 5 WASTE CONVLRTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations In this statement are true. Signature of authorized representative Date signed(month,day,year) 3/30/2023 Printed name of authorized representative Tina M. Patton �`I°President Page 1 of 2 Filed in Clerk's Offir.�? 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Fm a416.7. 1.2k1Z— t•fir_,to----wropti.,-- ;:r----- 11.....:_i=„7._ 11 ,..NC...ta ,........s. RA t TP EXTERIOR DETALS RE...TA dife• (ELEVATION OPTION AI P I e / s A-4.01 061 .1,0.WINDOW SILL C. • South Bend Neighborhood Infill I Narrow House (3-bedroom) f . . �i_ ! - (r I 1 II The Narrow House II -- , I s I I u n) l , The 3-bedroom version of the Narrow House provides an efficient.yet comfortable detached.fee-simple option ,'r II! stinny inaliR vnoptioner1-story rear mo_ICll�I I�I �III E addition accommodates a ground floor master suite.This IIIIIII IIIIIP!Ul extension could also be modified into a one-car garage, -g?'= —s?' '^ — ..r - office/workshop,or attached ancillary dwelling unit. oNr ,I a o. / / \ T. • 'It, Building Type Overview Building Dimensions _ M.5Tere - Building Height 2 story ?•K a-5. Building Width 20' \\ %' Building Depth (incl.porch) 51' - Program \ I \ ir! Unit Configuration 3 bed/2.5 bath CdO Unit Size(finished gross) 1,390 sq.ft. .` 1 O I O'x 9'-0. BEDROOM A. �1 I I•=a'z 9•.o• Basement(unfinished) 830 sq,ft. f I� .ti� Porch(unconditioned) 136 sq.ft. �- ... F_ 1st Floor 830 sq.ft. '' O 2nd Floor 560 sq.ft. /� � ,,, Lot standards DINING/LNING - Lot Width(mint 30 s-a x 1A-o Lot Width(max.) 60' �F�"^ Cost Assumptions I q.x ou Preliminary Construction $220,000- ZONING DISTRICTS ALLOWED / Estimates' $270,000 ®®m m m m \ `i i OM '1•11 \ /NM ale IMINI INA Financing Options 30-yr mortgage 20'-0' .... • /- / / / \ M • • A Filed in Clerk's Offtir:: `"° ' ,, MAX 2 0 2024 Bianca Tirado City Clerk, South Bend, IN Filed in Clerk's Office MAR 2 n 2024 Bianca Tinci MEMORANDUM OF AGREEMENT City Clerk, south f3uru; IN (SINGLE-FAMILY RESIDENTIAL REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of March 18, 2024, serves as confirmation of a commitment by Cross Community, Inc. (the "Applicant") to comply with the project description contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Properties Associated with the Abatement and Responsibilities of the Applicant. At the time of this agreement,the properties are described as: Key Number: 71-08-02-407-013.000-026 Local Parcel Number: 018-1070-2982 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 Key Number: 71-08-02-407-014.000-026 Local Parcel Number: 018-1070-2983 Commonly Known As: 722 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 3 Kingdom Campus Minor Sub 23/24 NP #1221 6/27/2022 Throughout the duration of the abatement,the Applicant shall promptly report any changes in the addresses or Key Numbers of the properties receiving an abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the properties subject to an abatement including changes as the result of subdividing,replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this agreement. 2. Commitments of City and Applicant. Subject to the adoption of a resolution correcting a scrivener's error in Resolution No. 5015-23 and Resolution No. 5016-23 by the South Bend Common Council(the"SBCC"),the City of South Bend,Indiana,(the"City")commits to provide a five-year (5) single-family residential real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): (a)making total combined real property expenditures of no less than Four Hundred Forty Thousand dollars ($440,000.00) for the construction of two (2) single-family homes at the properties identified in Section 1 of this agreement; and (b) acting in good faith to complete the project as described in its Application. 1 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2,Article 6,of the South Bend Municipal Code,entitled"Tax Abatement Procedures,"and all governing provisions of the Indiana Code. During the term of this abatement, the City may annually request information from the Applicant concerning the nature of the Project,the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits and overtime)associated with the positions,and the Applicant shall provide the City with adequate written evidence thereof within fifteen(15)days of such request(the"Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20) days following any such request.Notwithstanding anything herein to the contrary,the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Residentially Distressed Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant and their successors and assigns shall: (a)be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana; or (b) fail to comply with the obligations established by this Agreement, then the City may immediately terminate the Residentially Distressed Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 2 7. Notice/Hearing of Termination. In the event that the City determines that the Residentially Distressed Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the"Statement"),and Applicant shall make such repayment to the City within one hundred twenty (120)days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Voidance of Previous Agreement. This Agreement supersedes the Memorandum of Agreement dated April 11, 2023, as agreed to by the Applicant and the City. 10. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 11. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof,nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege with respect to any occurrence or be construed as a waiver of such right, remedy,power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 3 12. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 13. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 14. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile(with confirmation by registered or certified mail)or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested, thereof, addressed as set forth below: If to Applicant: Cross Community, Inc. 707 Sherman Avenue South Bend,Indiana 46616 Attn: Tina Patton If to the City: City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 Attn: Executive Director of Community Investment 15. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except(a)that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the single-family residences which are the subject of this Agreement. 16. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original as against any party whose signature 4 appears thereon, and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 17. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 18. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant,its employees,or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.' 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. "Applicant" b'C ity" Cross Community, Inc. City of South Bend, Indiana By: �� �/� By: Tina Patton Sharon McBride President President, South Bend Common Council Cross Community, Inc. By: Approved as to Legal Adequacy and Form this Troy Warner Chairperson, Community Investment day of , 2023. Committee Counsel, South Bend Common Council By: Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 6 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution correcting a scrivener's error in Resolution No.5015-23 and Resolution No. 5016-23,the property owner is qualified for and is granted a retail development real property tax abatement for a period of five(5) years as shown by the schedule outlined below. Year 1 - 100% Year 2 - 100% Year 3 -95% Year 4-95% Year 5 -90% 7