Loading...
HomeMy WebLinkAbout04-22-2024 AGENDA PACKET MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, APRIL 18, 2024 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 22, 2024: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/042224CC 3:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1. Bill No. 24-13 - Reconfirming Resolution for 1440 Ignition Drive- Aunalytics, Inc 2. Bill No. 24-14 - Confirming Resolution Personal Property Steel Warehouse Company, LLC 3. Bill No. 24-15 - Confirming Resolution Real Property Steel Warehouse Company, LLC 4. Update – Department of Community Investment –South Bend Climate Action Plan 5. Update – Department of Community Investment – Cherry Street | South Bend Range Property 4:25 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Substitute Bill No. 18-24 - Right of Way Vacation - First 360'+/- Boland Dr. East of Portage Rd. 4:35 P.M ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1. Bill No. 19-24 - 402 W. Navarre Street Rezoning 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, S. 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 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, April 22, 2024 7:00 P.M. 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/SBCC042224 1. INVOCATION – PASTOR THORLY JAMES- SOUTH BEND PRAISE FELLOWSHIP 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES APRIL 8, 2024 | MARCH 27, 2023 | MAY 25, 2023 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES UPDATE ON VARIOUS DEVELOPMENT PROJECTS AND ONGOING PARKS IMPROVEMENT PROJECTS BY DEPARTMENT OF COMMUNITY INVESTMENT | DEPARTMENT OF VENUES, PARKS, AND ARTS 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 18-24 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST 360’ +/- OF BOLAND DRIVE EAST OF PORTAGE ROAD (SUBSTITUTE) 2 19-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 402 WEST NAVARRE STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS ON THIRD READING TIME:______ BILL NO. 18-24 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST 360’ +/- OF BOLAND DRIVE EAST OF PORTAGE ROAD (SUBSTITUTE) 19-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 402 WEST NAVARRE STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA RESOLUTIONS BILL NO. 24-13 A RESOLUTION RECONFIRMING A FINAL DETERMINATION AND RECONFIRMING DECLARATORY RESOLUTION NO. 4174-12 CONCERNING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 AT AN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1440 IGNITION DRIVE, SOUTH BEND, INDIANA 46601 FOR AUNALYTICS, INC 24-14 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2803 TUCKER DRIVE, SOUTH BEND, INDIANA 46619 AND 2920 TUCKER DRIVE, SOUTH BEND, INDIANA 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC 24-15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2803 TUCKER DRIVE, SOUTH BEND, INDIANA 46619 AND 2920 TUCKER DRIVE, SOUTH BEND, INDIANA, 46619 AN ECONOMIC REVITALIZATION AREA FOR 3 PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC 9. BILLS ON FIRST READING 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. PRIVILEGE OF THE FLOOR 13. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2024 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-21-2024) 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. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Rachel Tomas-Morgan, Vice-Chairperson Kaine Kanczuzewski, Citizen Member Ophelia Gooden-Rodgers., Member Thomas Gryp, 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. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Canneth Lee, Vice-Chairperson Sherry Bolden-Simpson, 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 Troy Warner, 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. Rachel Tomas Morgan, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Savino Rivera, Citizen Member Karen L. White, Member Frank Spesia, 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 Sherry Bolden-Simpson, Vice-Chairperson Maria Gibbs, Citizen Member Kate Berlent, 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 Dr. Oliver Davis, Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, 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 Karen L. White, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Citizen 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 Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Jason Piontek, Citizen Member Carl Littrell, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member 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. Sherry Bolden-Simpson, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Joseph Mayer, Citizen Member Dr. Janet J. Evelyn, 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 annexation and zoning. Dr. Oliver Davis, Chairperson Sheila Niezgodski, Member Ophelia Gooden Rodgers, Vice-Chairperson Karen L. White, Member Stacey Odom, 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 Sherry Bolden-Simpson, Member 2024 COMMON COUNCIL STANDING COMMITTEES (Rev.03-21-2024) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Vice-Chairperson OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Utilities Committee, Member Zoning & Annexation Committee, Vice-Chairperson Residential Neighborhoods 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 Investment Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member Council Rules Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Public Works & Property Vacation Committee, Member Sub-Committee on Minutes, 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 Community Relations Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Utilities Committee, Vice-Chairperson PARC Committee, Member Health and Public Safety Committee, Vice-Chairperson RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Committee Investment Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Zoning & Annexation Committee, Member Personnel and Finance Committee, Member Danch, Harner & Associates, Inc. Michael J. Danch, L.A.Land Surveyors• Professional Engineers Ron Harner, P.S. Landscape Architects• Land Planners Filed in Clerk's Office January 3,2024 MAR 18 2024 South Bend Common Council Bianca Tirado4thFloorCountyCityBuildingCityClerk, South Bend, IN 227 W.Jefferson South Bend, IN 46601 Dear Honorable Council, Please accept this Ordinance to vacate the portion of the right-of-way formerly occupied by Boland Drive. In the late 2000s,Boland Drive was realigned and connected to a traffic circle at the intersection with Portage Road.The excess right-of-way was never vacated. The City of South Bend has retained our services to properly vacate the eastern portion of Boland Drive. Danch, Harner, and Associates is also in the process of working with the City and St.Joseph County to prepare a subdivision for the area. As part of that process, Boland Drive will be properly dedicated and proper lots on either side created. Thank you for your consideration. Sincerely, atV%- g)Va Angela M. Smith Senior Planner 1643 Commerce Drive•South Bend, IN 46628 208 West Mars•Berrien Springs,MI 49103 Office:(574)234-4003/(800) 594-4003•Fax:(574)234-4119 Office:(616)471-3010•Fax:(616)471-7237 Bill No. 18-24 Filed in Clerk's Office BILL NO. 18-24 MAR 1 8 2024 ORDINANCE NO. Ci Bianca Tirado ry Clerk, South Bend, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 360'+/-of Boland Drive East of Portage Road STATEMENT OF PURPOSE AND INTENT To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. 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: The first 360' +/-of Boland Drive East of Portage Road hereby determines that it is desirable to vacate said property SECTION II. The City of South Bend herby reserves the rights and easements of all utilities and 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 property may be injuriously or beneficially affected by such vacating: 018-2206-7863 —Unaddressed Vacant Lot- Lot 17 Council Oaks 018-2206-7862 —2013 Ribourde Dr—Lot 16 Council Oaks 018-2229-8542—3016 Portage SECTION IV. The Purpose of the Vacation of the real property is to allow for the construction of an ancillary dwelling unit on the adjacent property. SECTION V. The vacation is subject to the elimination of 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 specification. SECTION VI. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. 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 L. 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, Indiana 2 - 45pUTH 1316 COUNTY-CITY BUILDING f PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W .;,^ Y FAX 574/235-9171 Sum BEND,INDIANA46601-1830 PLACE 1865 Filed in Clerk's Office CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS MAR 1 8 2024 March 12,2024 Bianca Ti-ado City Clerk, South Bend, IN Mr.Michael Danch Danch,Harner&Associates,Inc. 1643 Commerce Dr. South Bend,IN 46628 ASmith@danchharner.com;mdanch@danchharner.com RE: Right-of-Way Vacation—First 360'+/-Boland Dr.East of Portage Rd.(Preliminary Review) Dear Mr.Danch&Ms.Smith: At its March 12, 2024 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 right- of-way subject to utility easements.If you still wish to pursue this right-of-way vacation,please bring this BPW Recommendation Packet to the City Clerk's Office,located on the 4th floor of the County-City Building.Right-of- way 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 right- of-way vacation will affect your property taxes,please contact the Auditor's Office. 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 Hefner Theresa Heffner,Clerk Enclosures TH/lh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BRIANA N.MICOU x' Filed in Clerk's OfficeIe MAR 1 8 2024 1865 Bianca Tirado INTEROFFICE MEMORANDUM City Clerk, South Bend, IN BOARD OF PUBLIC WORKS DATE: January 22, 2024 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering 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 — ROW/STREET VACATION APPLICANT: Danch, Harner &Associates on behalf of the City of South Bend LOCATION: Section of Boland and Portage 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 subject to utility easements COMMUNITY INVESTMENT: Favorable FIRE: Favorable POLICE: Favorable recommendation UjSpllTHg STREET/ALLEY VACATION APPLICATION Filed in Clerk's OfficeO4 O O City of South Bend - Board of Public Works MAR 1 8 2024 PACe 227 W. Jefferson Boulevard, Ste. 1316 Vie /South Bend, I N 46601 Bianca Tirado City Clerk, South Bend, IN Date: January 22, 2024 Phone#: 574-234-4003 Name: Danch, Harner & Assoc. on behalf of the City Email: asmith@danchharner.com Property SEC of Boland and PortageAddress: Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): The first 360' +/- of Boland Drive east of Portage Road Is your property adjacent to the alley of interest? I=1 Yes No Do you own all adjacent properties to the alley of interest? Yes • No Does the existing alley provide garage access to other property owners? Yes 0 No Does the alley receive daily traffic excluding your own use? Yes 0 No Would the vacation hinder public access to any of the following:a church, Yes 0 No school,or any other public building or place? Reason for street/alley vacation and proposed use: The reconfiguration of the Boland Drive and Portage Road intersection did not align with existing dedicated right-of-way. The vacation would allow for the portion of land that was formerly Boland Drive to be adjoined with the adjacent parcels. The area where the road improvement currently exists will be dedicated as part of a future subdivision. 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 a111 Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Briana Micou,Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: March 12,2024 NI 'pua8Llrlos 'jJal0, ! openleouei9 hZOZ81HVW e3U4Os, .laul •aI bo34a8notiia 3nV33V1. • x 4, ' . 4' - 21(I (]NVI/)9nJ 1 Name Mailing Address Proper Address Greater Creations, LLC 17643 Waxwing Lane 2005 Ribourde Dr. South Bend, IN 46635 South Bend, IN 46628 Noi Kaomisay and Singkam 2211 Council Oak Dr. 2211 Council Oak Dr. Bounyavong South Bend, IN 46628 South Bend, IN 46628 Robert and Karen Lesher Rev.24711 W. Maple Way 2209 Council Oak Dr. Trust as Trustees South Bend, IN 46628 South Bend, IN 46628 Stephen and Laccine Kabel 1933 Ribourde Dr. 1933 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Civil City of South Bend 227 W.Jefferson Blvd.Ste. 1200 2013 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Deidre Taylor 2201 Ribourde Dr. 2201 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Yolanda and Larry Green 2204 Oakwood Park Dr. 2204 Oakwood Park Dr. South Bend, IN 46628 South Bend, IN 46628 St.Joseph County 227 W.Jefferson Blvd. 3016 Portage Rd. South Bend, IN 46601 South Bend, IN 46628 Civil City of South Bend 227 W.Jefferson Blvd., Lot 17,Council Oaks South Bend, IN 46601 Filed in Clerk's Office MAR 1 8 2024 Bianca TiradoCityClerk, South Bend, IN pa nt• _YDR Q e 1.0.i').k CU 1 "Ors 2 s,.. - ..)1,,,, 1: N, \ 7: 11 4P0 1 r e R.. ARROWHEAD CD3 C y NNW t It o BROOKIDR 4• Q AKBRUOKIDR f' 03 r OAKWOOD PARKIDR Pr n i`'i t TOMAHAWK Ti 1, I 7 _ co UNCR OAK Oa' I"'- A RIBOURD C33o g p 9` 1 cLy 7 2023 Eaglev,ew a MAR 1 8 2024 Bianca Tirado City Clerk, South Bend, IN Filed in Clerk's 011icf; SUBSTITUTE BILL NO. 18-24 APRrk, South B 0 4 2024 ORDINANCE NO. 11118-24 Gi Bianca TiraotYGleonci, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 360' +/-of Boland Drive East of Portage Road STATEMENT OF PURPOSE AND INTENT To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. 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: The first 360'+/-of Boland Drive East of Portage Road 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 property may be injuriously or beneficially affected by such vacating: 018-2206-7863 —Unaddressed Vacant Lot- Lot 17 Council Oaks 018-2206-7862—2013 Ribourde Dr—Lot 16 Council Oaks 018-2229-8542 - 3016 Portage SECTION IV. The purpose of the vacation of the real property is to eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. SECTION V. The vacation is subject to the elimination of 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 specification. SECTION VI. 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: 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, Indiana Filed in Clerk's CRe: Bill No. 18-24 Angela Smith <asmith@danchharner.com> APR 0 9 2024 Thu 4/4/2024 11:04 AM Bianca Tiracjo To:michaelpingel@gmail.com <michaelpingel@gmail.com> City Clerk, South Bi;ii Cc:Elivet Quijada-Navarro <eqnavarro@southbendin.gov> Good morning, Mr. Pingel. My name is Angela Smith. I am the representative from Danch, Harner& Associates that submitted the documents. I apologize for the error in Section 4 of the Ordinance.There is no ancillary dwelling proposed for the property. That was a section that I mistakenly forgot to update from a previous vacation request. The purpose of this vacation is to clean up the right-of-way for Boland Drive.The physical road goes through the 2 lots on Ribourde Dr.The portion we are vacating is the old right-of-way that is no longer where the street is location. In a future step to this process (future subdivision reference), we will be preparing a plat that dedicates the correct location of the street. That typically sets the new right-of-way line 1' behind the sidewalk.The remainder south of the actual improved Boland Drive will become a buildable lot. It will still be owned by the City of South Bend. We are not aware of any immediate plans for the property, but it is currently zoned for single family residential. The subdivision will also include the 100 acres+/- north of Bolan that is currently owned by the County. That area is still under survey and nothing has been filed at this point. It is not planned to be a major subdivision (won't include new streets or public infrastructure) at this time. If that changes, you will receive notice as a surrounding property owner within 300' of the project. If you have any additional questions, please let me know. A v>„ge2a'M. S v ith/ Senior Planner Danch, Harner,&Associates 1643 Commerce Drive South Bend, Indiana,46628 Phone (574)-234-4003 Email:Ammith@danchharner.com From: Elivet Quijada-Navarro<eqnavarro@southbendin.gov> Sent:Wednesday,April 3, 2024 10:30 AM To:Angela Smith<asmith@danchharner.com> Subject: FW: Bill No. 18-24 Hi Angela, There is a resident that has questions regarding Bill No. 18-24. Would you be able to help answer some of his questions? Thanks so much, Ellie From: Michael Pingel<michaelpingel@gmail.com> Sent:Wednesday,April 3, 2024 8:20 AM To: Elivet Quijada-Navarro<eqnavarro@southbendin.gov> Subject: Re: Bill No. 18-24 Good Morning Elivet, Thank you for the additional information . I do have a couple of questions I am hoping you can answer. According to the bill section 4- the vacation of Boland is for the purpose of allowing construction of an ancillary dwelling unit on the adjacent property. What adjacent property are they referring to? What is happening to Lot #16 ( 2013 Ribourde dr) and Lot # 17? Where Is the ancillary construction intended to go? Is the round about going to be removed? Lastly on the vacation application the proposed use is "The area where the road improvement currently exists will be dedicated as a part of a future subdivision. What and where is the area of the future subdivision located? Thanks so much for your help. Best, Mike Pingel On Tue, Apr 2, 2024 at 3:17 PM Elivet Quijada-Navarro <egnavarro©southbendin.gov> wrote: Good afternoon Mr. Pingel, My name is Elivet, I am the Deputy City Clerk with the City Clerk's office. I understand that you would like further information regarding Bill No. 18-24. I am attaching a PDF of the information and map that was filed within our office. Please feel free to contact me if you have any further questions. Thanks, SpuTH 84 Elivet Quijada-Navarro ikd Deputy City Clerk/Director of Policy City of South Bend Clerk's Office jai a (574)235-9267 PEACE;, egnavarro@southbendin.gov 227 W.Jefferson Blvd Ste.455 1865 South Bend, IN 46601 Excellence Accountability Innovation Inclusion Empowerment Finer Point Renovations, Inc. By Michael Pingel, President www.finerpointrenovations.com Cell 574-274-1905 t<GNO PLAN C) 747,_County-City Building City of South Bend 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning FST.BUSHED 0 March 19, 2024 Filed in Clerk's Office MAR i 9 2024 Honorable Committee Chair Davis 4th Floor, County-City Building City C lerk Bianca Tirado youth Bend, INSouthBend, IN 46601 RE: PC#0204-24—402 W Navarre Street Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 25, 2024, Council meeting, and set it for public hearing at your April 22, 2024,Council meeting. The petition is tentatively scheduled for public hearing at the April 18, 2024, South Bend Plan Commission meeting.The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from NC Neighborhood Center to U1 Urban Neighborhood 1 If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Bill No. 19-24 Filed in Clerk's Office BILL NO. 19-24 MAR 1 9 2024 ORDINANCE NO.Bianca Tirado City Clerk, South Bend, IN! AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 402 WEST NAVARRE STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from NC Neighborhood Center to U 1 Urban Neighborhood 1 NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 402 W Navarre Street, South Bend, IN 46616. 018-1018-0719 W 66' LOT 5 ALSO W 7' OF VAC ALLEY BURROUGHS SUB be and the same is hereby established as U 1 Urban Neighborhood 1 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. 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, Indiana 2 - RECEIVED MAR 0 7 2024 City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 018-1018-0719 Address: 402 W. Navarre Owner: Historic Landmarks Foundation of Indiana Legal Description: Filed in Clerk's Office W 66' Lot 5 Also W 7'of Vac Alley Burroughs Sub MAR 19 2024 Bianca Tirado City Clerk, South Bend, IN Project Summary Rezone lot from Neighborhood Center to Unban Neighborhood 1 for the relocation of a single family home. Requested Action Application includes (check all that apply) Rezoning Current District: NC Neighborhood Center I"J Additional Districts, if applicablE Proposed District U1 Urban Neighborhood 1 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception— complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents v Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Filed in Clerk's Office MAR 1 9 2024 Contact information end, IN Property owner(s) of the petition site: Name: Historic Landmarks Foundation of Indiana Address: 1201 Central Aveune Indianapolis, Indiana 46202 Name: Address: Name: Address: Contact Person: Name: Todd Zeiger Address: 801 W. Washington South Bend, Indiana 46601 Phone Number: 574-286-5765 tzeiger@indianalandmarks.org E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: MG.V5 L bG vi s liatERPABLIEBANISZTLEI MAY Pt. rgl SITE PLAN KEYNOTESa HIFc:u"ieLE'""" V.%A. ARCHITECTUREh> 34, Q0 aC J- PECPC11.11: PLANNING Z u xev noxZS 11]B LINCOINYJAY EAST 1e ^ew C 1126SOUTH BEND.J WW1 Yam, tea^' `GREGORYA_KILww1° ARCHITECT 6 s,'} R GOP PI AN I EOPNR WARE AN w—w—N— W—YI---TI p IJ r. OHE OVERHEAD PHONE.(5)91280-2659 as I} Ipl :-.1--C. ELECTRIC wwxi]e,cNypyN.cam UGE UNDERGROUND 13 ELECTRICIli.';_=.sANrtaav LINE FlRER FO aPr ci._- . W WATERf III r- NAN9 d`/-,4 i MANHOLE i I0v ® 3 i.. ORYWELL 7 ` UTILITY 1 1 , Yi II f. E/ ' I L. HOUSE r—__ 1 I ®,II MOVE f f A }, L' I 403 W Nwarte SI I -Y _.4, -'1 ET 33 II T — ..1`' - 1- = od f I 0 .f' SwT Bend IN ASfi16 yp o A '}^":>' V I 1 ,`{r- •402 W NAVARRE r -\ s. a.'J ( 0 PROPOSEPLA SITE l c fr y ''6 r' B RATE JANUARY 31 2224 7t. ,•,, ..„,... .......- _......• i c„ CZ rc a ice • Pr--PLAN Filed itrCterk-s Office MAR 19 2024 Bianca Tirado City Clerk, South Bend, IN SURVEY PREPARED FOR:INDIANA LANDMARKS BOUNDARY/TOPOGRAPHICAL SURVEY SURVEY DATED:12/27/23 PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, tT __" ? FILE f:230275 CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. I LEM.mpsms y LED r..oavOURRCATONSa a ATM OUT DE no011oor OM MOONEDunxEn f RR OF M M.PLAT OP OUT LOTS OF M TOM MOW CM OF \ 1 M J , T ' SCAM SOO.RATTED Of M two Ns OF NO MA RECORDED I I .1 i%l.:. MENET SO.TMN.M M OFFICE OF M RECRDIM OP ST.JOSUw CD NTT.MUM M RAT BOOM 5.PRY IS.TOLIMA.IT"M REST j{ H srt)LOW.su Mir OF M MATED ALLY LVM EAST OF AM.0.4 MO LOT. fl I I IIIIIIIIEII}t1111 Ir:6. •,,,...,.w.T e,.bf yl-1• LcatM TERM.MT POT.OF EM LOT TAM EOM TM 1,1E1,1,•,! y f1 1A.It,'II.,f , tiy:G...yi it,l.i1.I1iMOMSOF%ELM SORT. I MEAT— Alilll T:S IIiIE^'••.•tli:I iliii IMF:iiiiiiilNdiillliiiiiiii I I•Pilili .N.i.PNPR Ii iiililiN'••Iq• 4.ni1•I;V:Ni1 ws • SUMO.REPORT i.,ylEy4y11'EyiEi ,1ll Y Ili I'i}.-„iliEi1iy11,Ay i 01111lillE:}IIFA1.I1 Y.[..I.1y!IelittaiiIipig i 11 1 IN E' TAIL M0.ET4/CUAn,MG MONMA WDTWM6 Tom" K I .Y'. '.O li Jf O B' ••'' It 9 M A llM E NM TOL W.NM. OWTOI s SMTOW f ]O OF M Mr•. f/ F .......... OF.nr Nowarsons N THE M FOLLOWING UNIS AM)CC .EST+ COW: ED. W air., M vMws M IOATON or M SOM Arm CC M .AIE s Ox To GAC AR A Vault OF: I I,:,::.e.fiff l Ms.....br9-e- K'1_ 'F I a MMca M M REM..MWw.ENTS. ir/ mW F N MEMO oacaPlgMS NO RAM it-.IE rr Mro .O as M MPS a amAAnd w4 N R:s' a O)HMCo warts M IMAsummET MOM.PWSMOO. I 4 NOMT SON.COMM°OF WORD OaFRPm4 MED M THE SLAVER M.MATTED Or M SI_ Ly MET RMs\ e DE PURPOSE Cr AT OF S.D.S wows M ST MEMort As OEYIG.so OF..R oPERINIVO V SOUTHEAST awRen a s .t.Towav n.nms..wx z GA.an of scum OFFS W,, N I 1' sow.O.ASE M CMADT.MARL SIFE OVA DROWN AEA.4 A LOCAL GAOL.DODOMiE STSIOI OY MO OEM.RE Al1dBOS TO TMM IAMESECAgM W M AD MK PROPERTIES S TyEEE.. SEWN ON M ATTACKED PLAT FOR M MM.OF ESTAMBTK A NOON.OF NOJLTTATONMEYER. I`I PS- TO RAT O0a NOT AMME!A SUM. SM MEMO PROMOS) DERE Mrly1Li I }. / WWMMOT LE D.:M,ETa0.I V.CASES WERE D. 106106 EMAD M iwiO LED TNMNOW.DITAMONS AM THE 41,. `- ,+ ' \ Y/ LED. LOT s MOETCAL UNCODA M STATED M M FOLLOW..REPORT ETD LEES TWH M UMCONAMR DOMED FOR Y!./ MEER. EOMMpWAT.M O6cU4ED A M MU"REPO.MOM DRENCES MY RE CONSIDERED I 6I./ INSDN 1C NT A..ME SNRM,My FOR M wRPY66 OF wMwnw CLOSURE MO Mt THEREFORE NOT anRSED BOGY. DEG.OESOENC6 AR[MOM MN SA.LNCmGEPTE9 OR NE M RESULT OF OCOa. GENERALLY OADussED M MOLE BELIE BEwR AS wT a MCESSAN Fos p% - f MOWASS s f'MLRcuss OF M LAa CTME ED OR M-GUMMED O MS SURVEY. I ,\ NZ' I Y W.MUM ME. M6AS5 c...bUN NOTED O.M AWNEDED PLAT OR M M FauO...REPORT.MARE 4,O MACE OF 0 J as w Ba COW..AU SHOWNsNo:M al'<R' R.V.MET M:c LOCATED OCT SUBJECT TM.WTO1a M svOPODERm cELtt'AnG4 MI J NASA car0&M,rw Poop..OFF MS vM.Er.So.LAEs ME.MLEeo TO RAT ARAM BEM. SCALE 1'= zc Y' 1\ +II r _ r NO so'iarAro... M ACTuwr wT DA NT,wI FROM wG.mwort LE. ME y A / 1,0°" ids SA6.E aiAu® rNS/ OLE Dw.Tc.s" ANSOM SOLT MAR SPfII FOR wfOFwM STM.ET N TFEET s-yam— + \ sA" T yf Ta SO PP.()I4 OEMED M AO W IS A RaLi OF M MOAT aBSflMTG6 R 4 NT aMROM MAT d 6y T. U MTECS M LMATgY or M LNES/MO COMERS MM..ON MS DFRT NE AS O. N ,\Ti I SIC TTOO 0000S M REFERENCE MG.wOOlDOIFf4isMMRECORDED03 TON".AS.TOTED y.yA ORE TO MK0.0T.Npp M M MCI OF OCCUPATION. NOTED f`, f----• N ISMS a KAMA FOR INS SLMEY IS LIMO M O MODEM CORM). O *\ ) 2)MMAT D S PrICELWSCAMTNO.I Br ai nn nos sox KW O M KEA A WO ON P SCALEDOam M ff114 •.•• LffOffNP gyp. TanE I 1/M/n 11 sy C A A A Q. H S)MT MS SUM,L6 POWORNED MON WMIc RECORDS uO LEM DESCRIPTIONS SUPPLIED Wr.coonFA•• IMM Nor mum s "owls. I\\.N•A••••_— • REF.mCes:M Mow.Put OFF MRMauaa Demmox OF ME CAA LED N.rRm ME NMRED e ®M Ms : I + S. I TEEN OF M TE.RAT v urn'LOTS OF M MTN ION CRT OF SCAM®O.RAT SOON S.PLAY IT. MM.DEED 22E-07n1:WEND.DIRT a THE Ea AS MEER Mtn. GU RC M' : now O m KC DFETO.COTLTA2 6 IA m Ns son ow wasMB+.rT.e To-.COMMA LMMMMs 0 w V WEER.w A MOVER.MA SMBtO'OR M M STATE v oTMLA AO MRur wRR,TEAT iPATESWAM°M HMO.MSCM.D NO D.E..AND TAT MS EMBER w Kam. TR mom R MSTOmR TN MOrN TO ME BST OFS of MIOFF MO LET1146 SUM,,R""a SION 1 Ha m— YR MCI co.noo swoons co ATE SMTo»MC NO AS MSC..m M N..M.MTwmE COOS Sm. o,M MM,nua WARP w i ' s., R i MNTIice? 11.1 a 0e11 u it -r. 0\ \ N. T AFFIRM.unOER TEE MOLT.ATE PERJum.trot i,ATE um.IG` MEL w w l rai_ . BN 5aod a'F10'M.'. A:•. , r RECUR.TAMER M MIS DOCUMENT MESS MIMEO m M NWaM MM co m titas` ass_ I 4 MST F "."MN I E'er .Wm W.WNa NWT L Ni N Mao7f.MF 311 I WE sM.NIA oF,®..W.n Aim a up.",w". S.. ammom iP100 m.A CED. .. oM Iia x.•NP SOT Da[ Mlw w i I S I 0 N 8 VII{ or samnimt>s O/b/LS DEN I I s w uE m.m.•R,z MORE OECD F AS R ow.mm n' NJO1_ N' ®Wm.Adogn N PIE/ IMMI ATE! a=..w.®.. N N o.n uu J zTOzn SS Filed in Clerk's Office INtoLA CO\ sic; County-City Building City of South Bend227 VV.Jefferson Blvd. 14005 South Bend,IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning FS148USHE01O1 Filed in Clerk's Office April 16.2024 APR 1 6 2024 ianca Tirado City Clerk, South Bend, IN South Bend Common Council 227 W.Jefferson Blvd.,4`h Floor South Bend,IN 46601 Re: Bill#19-24-A proposed ordinance of HISTORIC LANDMARKS FOUNDATION OF INDIANA INC to zone from NC Neighborhood Center to U1 Urban Neighborhood 1,property located at 402 NAVARRE ST,City of South Bend-PC#0204-24 Dear Council Members: I hereby Certify that the above referenced ordinance of HISTORIC LANDMARKS FOUNDATION OF INDIANA INC was legally advertised on April 5,2024,and that the South Bend Plan Commission at its public hearing on April 15,2024,took the following action: Upon a motion by Dr.Oliver Davis,being seconded by Francisco Fotia and unanimously carried,a proposed ordinance of HISTORIC LANDMARKS FOUNDATION OF INDIANA INC to zone from NC Neighborhood Center to U1 Urban Neighborhood 1,property located at 402 NAVARRE ST,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, t(ex.1 /9t4r-.2z. Kari Myers Zoning Specialist Attachment CC: HISTORIC LANDMARKS FOUNDATION OF INDIANA INC Bob Palmer Todd Zeiger Tim Corcoran Scott Ford Planning Director Commission President Staff Report — PC#0204-24 April 15, 2024 Property Information Location: 402 NAVARRE ST Owner: HISTORIC LANDMARKS FOUNDATION OF INDIANA INC Requested Action Rezone from NC Neighborhood Center to U1 Urban Neighborhood 1 Project Summary Rezone lot for the relocation of a single family home. Location Map l% u i I 1 A 1,1 o Hi a r 7, uF +,"'NAVARRE SI UF x. OF UF, L ` r: NAVARRE ST11 1 u i 1r v\ , ri,fc.....:„.x i _ _ _ _ 14NC i t f EP NC L6i ____1\ Recommendation Staff Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Filed in Clerk's Office APR 1 6 2024 SOUTH BEND PLAN COMMISSION Page 1 of 5 Bianca TirHcio City Clerk, South Bt.ncl, IN 13I O Cn 13 Cn O N su CD 4 0. CON CD CD 0 A. D CD NJ is s e. __ ,_,,,,,.. __.,._ , _ _,:::______ 1., 0 3aavnw N.Mt I I 79 rii ___f____ ., ,_____ 1 1 . li ..r___ ,. .._.:-_-„. -_-_-_,,F3/011 6-. I C v--' . Jam.,..3snoH m 1 -l Jaoaazoa6- v v 4 7 .3 f :ale ,' /. 4. J i Tt 041511S4115" resimit ,...= I r Q. a Cr) rum I a. -- —- ter', I 1 N tea. 4..y fi Q n s gym. j Y v; 3. _ 3 I j Cp O -- O 1 I )4 .1-a SIIRLIONCIIIO fI' d - . t mI 1I a f ''}' ze '.._' w, it Z CD m u niiiiirOVIrMIMS mCOCDN O_ Ul N O N Filed in Clerk's Office Staff Report-PC#0204-24 APR l 6 2024 4/15/2024 Bianca Tirade Proposed Site Plan City Clerk, South Bumf, IN i ii i ll M1 ll i'it,q`111I maw roll)111° h;'iIil a.lplla,lli ,I li41" 1141l"aa 599}} r I'1.. dll h d ig 1.1 il+I I II I 1,0 T.in.1:4 0.a Ij,, ,, III ',I- Ili a IedgB 6ii "a,I t I iv F n, "8",al r4aII:II l'a al R I Q I49=1 . l! l '• YpYI i, !, laaAA3ar•lJ6 a jiii+'9 ' 144'i t I. i , 11 al v d i FF ,, iy p',R -'.-' I, au sa 6 a1 i J 4. Igq I :it ' I ;V 410 ........:. joitg' 2:4';11...'.' 1 g ' ' : Will a,_.,„., A: , - '``?lam, R a : t e a CQi y11 i f I v 11P/ \ ` I I r trl P a PI{ It a 1 II 1 a "A l aCl 1$ a pl el tlaIE aca E y 6 g I _ ! a a" l i ^, 1. II a a i 13. RA iv -94 1 i liy . alai l VIA 6 Y [ y y +A 9! i11 QQ 111 ln9 d 6a i i 99 y I Ft]" 19 I la ad a Gij a"t 116 AFd I. a ({1 EEE k b a` ;i)jga: 11a a m s1 10 1 i g P i g ; gglriii; a9 l .I laa,@6 Ra d71" 1 E 9 la fig a" 1414 l !11 II 4 111 I114 i 11,PI!!! h Iq p!{ gg1 41 aI syya r a v4 1IIid9iiala r it ills 6" VB ''Q4g1 I SG. VI 1VT11i11.51 I ai! CP ,91! "Ya 9104 W.. I. 1. l . 1ailly da' A yell Ill Pi MG AO A' •• ill L.i.r . P SOUTH BEND PLAN COMMISSION Page 3 of 5 Filed in Clerk's Office Staff Report-PC#0204-24 APR 1 6 2024 4115/2024 Bianca Tirado Site & Context Land Uses and Zoning: On site: On site is a paved parking lot. North: To the north is a neighborhood of one unit dwellings zoned U1 Urban Neighborhood 1 district. East: To the east is a residential neighborhood zoned U1 Urban Neighborhood 1 district. South: To the south is a small commercial building zoned NC Neighborhood Center district. West: To the west across William Street is a recently built laundromat zoned NC Neighborhood Center district and a residential neighborhood zoned U2 Urban Neighborhood 2. District Intent: The U1 District is established to provide for, promote, and maintain urban neighborhoods located in core and outlying areas of the City. Site Plan Description: The site plan shows the relocated house on the lot. The main entrance will face Navarre and access to a future garage will be via existing curb cut on William Street. Zoning and Land Use History and Trends: The neighborhood was largely established in the late 1800's-early 1900's as a walkable urban single family neighborhood consisting of single family homes with the occasional duplex primarily accessed by rear or side alleys. Traffic and Transportation Considerations: Navarre Street is a brick two-way street with on-street parking. Agency Comments Agency Comments: There were no agency comments. Staff Comments: This parcel has been vacant since at least the mid-1960's and once had two dwellings on the property. The Poledor House being moved to this lot from 211 W Marion Street will blend well with the character and scale of the existing neighborhood. The majority of the homes in the adjacent area were built in the late 1800's to early 1900's and this home, built in 1913, will fit seamlessly into the historic Chapin Park neighborhood. Also, with its location in a fairly walkable urban neighborhood that is close to a major corridor and its businesses, transit, and downtown, this property is well suited for U1 zoning. Criteria for Decision Making Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City's Comprehensive Plan, City Plan (Amended 2022) Objective H2.5: Pursue alternatives to the demolition of structurally sound housing. The parcel is being rezoned to allow for the relocation of a historic house for use as a single family dwelling. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0204-24 4/15/2024 Plan Implementation/Other Plans: The Near Northwest Neighborhood Plan (2019), of which Chapin Park is a part, promotes a mix of housing styles to address missing middle housing needs in the area. 2. Current Conditions and Character: The existing neighborhood is a dense urban single-family neighborhood. Most of the original homes in the Chapin Park Historic District date from prior to the 1920's. The Poledor House, a bungalow-style home built in 1913, will enhance the historic character of the neighborhood, save a historic building from demolition, and provide a single family residence on a lot that has long sat unused as a parking lot. 3. Most Desirable Use: The most desirable use, at this time, is low to medium density housing types that will seamlessly fit in the established historic character of the neighborhood. 4. Conservation of Property Values: Allowing new development on vacant lots should improve the overall value of the neighborhood. Adding additional population to the neighborhood will help stabilize property values. 5. Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this urban neighborhood. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U1 Urban Neighborhood 1 will allow for residential growth and increased density in the neighborhood while keeping with its established character, and will also allow for the property to be used as originally intended. Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Filed in Clerk's Office APR 162024 Bianca Tirado City Clerk, South Boni, IN SOUTH BEND PLAN COMMISSION Page 5 of 5 Q\ W CITY OF SOUTH BEND s PFA CON'VUNITY INVESTMENT 11965 II7 Filed in Clerk's Office APR 1 7 2024 Bianca Tirado April 17, 2024 City Clerk, South Bend, IN 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: Reconfirming a Final Determination and Reconfirming Declaratory Resolution No. 4174-12 Concerning a Property Tax Exemption for Certain Enterprise Information Technology Equipment Pursuant to Indiana Code 6-1.1-10-44 Aunalytics, Inc.) Dear President McBride and Council Member Warner, Please find the enclosed resolution to be considered by the Common Council at the April 22, 2024, meeting. The resolution would confirm through Council action that a previously granted tax exemption for Data Realty Northern Indiana, LLC, a wholly owned subsidiary of Aunalytics, Inc., for enterprise information technology equipment would apply to new equipment that Aunalytics, Inc. plans to purchase. Aunalytics, Inc. is planning a significant capital investment at its facility at 1440 Ignition Drive in South Bend. The Company anticipates spending more than $30 million to procure personal property, including high-performance servers, to develop and expand advanced Artificial Intelligence computing resources and services. In 2013, the Common Council confirmed a tax exemption for an unlimited term for Data Realty Northern Indiana, LLC, for eligible enterprise information technology equipment through a provision of Indiana Code that incentivizes investments in such equipment. Pursuant to Indiana Code, the exemption also applies to subsequent additional or replacement equipment if the company and the equipment meet the eligibility requirements. Attached as an exhibit to the resolution is a Letter Agreement wherein Aunalytics, Inc. asserts and certifies that both the company and the equipment meet the requirements of Indiana Code. The enclosed resolution would reconfirm the tax exemption granted in 2013, confirm that Aunalytics, Inc. is an "eligible business" meeting the requirements established by Indiana Code, and confirm that the equipment the company plans to purchase qualifies for the EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W.Jefferson Blvd. South Bend.Indiana 46601 p 574. 235.9371 www.southbendin.gov Bill No. 24-13 CITY OF SOUTH BEND COMMUNITY INVESTMENT exemption in accordance with State law. An estimate of the personal property tax savings for the new equipment is enclosed as well. A representative from Aunalytics, Inc. will be available to meet with the Committee and the Council on April 22, 2024. Should you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity Filed in Clerk's Office APR 1 7 2024 Bianca Tiracio City Clerk, South Bend, IN 2 Filed in Clerk's Office APR 1 7 2m24 BILL NO. 24-13 Bianca Tirado RESOLUTION NO. 5076-24 City Clerk, South Bend IN A RESOLUTION RECONFIRMING A FINAL DETERMINATION AND RECONFIRMING DECLARATORY RESOLUTION NO. 4174-12 CONCERNING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 AT AN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1440 Ignition Drive, South Bend, Indiana 46601 FOR Aunalytics, Inc. WHEREAS, Indiana Code 6-1.1-10-44 was established by Public Law 163-2009 and was amended by Public Law 173-2011,Public Law 158-2012,and Public Law 256-2019,respectively; and WHEREAS, Indiana Code 6-1.1-10-44, as amended (the "Act"), authorizes the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), to make a determination that certain qualified personal property owned by an eligible business is exempt from property taxation to the extent such property is located in the City; and WHEREAS. the Common Council, pursuant to Resolution No. 4174-12 adopted by the Common Council on April 23, 2012 (the "Declaratory Resolution"), provisionally declared, subject to the completion of the proceedings set forth in the Act at the time and Section III of the Declaratory Resolution, that (1) Data Realty Northern Indiana, LLC ("Data Realty Northern Indiana"), constituted an eligible business under the Act at the time and the Declaratory Resolution; (2) certain personal property of Data Realty Northern Indiana constituted qualified property under the Act at the time and the Declaratory Resolution; and (3) the qualified property was exempt from property taxation for an unlimited term provided that Data Realty Northern Indiana continues to qualify for the exemption thereunder and under the Act at the time; and WHEREAS, the Common Council adopted Resolution No. 4278-13 (the "Confirming Resolution")on September 9, 2013, confirming its findings in the Declaratory Resolution that the qualified property of Data Realty Northern Indiana is and shall be exempt from property taxation for an unlimited term provided the company continues to qualify for the exemption under the Act at the time; and WHEREAS, the Common Council, pursuant to the Confirming Resolution, further confirmed the final determination that Data Realty Northern Indiana is an eligible business meeting the requirements of the Act at the time; and WHEREAS, the Common Council, pursuant to the Confirming Resolution,also approved of the form of Letter Agreement with Data Realty Northern Indiana, which was attached to the Declaratory Resolution; and WHEREAS, the Act has since been amended such that "qualified property" now means certain "enterprise information technology equipment purchased after June 30, 2012, and any additions to or replacements to such property"; and WHEREAS, Aunalytics, Inc. (the "Company"), is a Delaware For-Profit Corporation authorized to conduct business in Indiana, with offices at 460 Stull Street, Suite 100, South Bend, Indiana 46601; and WHEREAS, Data Realty Northern Indiana is a wholly owned subsidiary of the Company; and WHEREAS, an "Eligible Business" as used herein and defined in the Act means an entity that meet each of the following requirements: 1) The entity is engaged in a business that operates or leases qualified property for use in one or more facilities or data centers dedicated to computing,networking,or data storage activities; 2) The entity's qualified property is located at a facility or data center in Indiana; 3) The entity, the lessor of qualified property (if the entity is a lessee), and all lessees of qualified property invest in the aggregate at least twenty-five million dollars 25,000,000)in real and personal property at the facility or data center after June 30,2012; and 4) The average wage of employees who are located in the municipality and engaged in the operation of the facility or data center is at least one hundred twenty-five percent (125%) of the county average wage for the county in which the facility or data center operates; and WHEREAS, the Company has presented to this Common Council a Letter Agreement, a form of which is attached hereto as Exhibit A and the terms of which are incorporated herein(the Agreement"); and WHEREAS, the Company has certified in the Agreement that it qualifies as an Eligible Business; and WHEREAS, the Company plans to purchase new enterprise information technology equipment; and Filed in Clerk's Office APR 1 7 2024 Bianca Track) City Clerk, South Bund, IN WHEREAS,the Company has included as part of Exhibit A in the Letter Agreement a list of new enterprise information technology equipment (the "Qualified Property") and has certified in the Agreement that the Qualified Property meets the requirements as established by the Act;and WHEREAS, the Project and the additional personal and real property improvements to be made by Company will benefit the welfare of citizens and taxpayers of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. The Common Council hereby finds, based up on the information provided by the Company in the Agreement,that the Company is,and its subsidiary Data Realty Northern Indiana has been, an Eligible Business as defined by the Act. SECTION II. The Common Council hereby reconfirms Resolution No. 4174-12 and Resolution No.4278-13 and finds the Qualified Property is and shall be exempt from property taxation for an unlimited term,provided that the Company continues to qualify for the exemption under the Act. SECTION III. The Common Council hereby approves of the form of Letter Agreement attached hereto as Exhibit A and authorizes the Mayor and Clerk to execute and attest, respectively, the form of Letter Agreement attached hereto as Exhibit A. SECTION IV. The Common Council further confirms that the final determination and property tax exemption confirmation for certain enterprise technology equipment is based on the Company's representations that: 1) It is engaged in a business in the City of South Bend at 1440 Ignition Drive that operates a facility dedicated to computing, networking, or data storage activities; 2) It is and will continue to be located at the Ignition Drive location; 3) Upon the completion of the proposed project,the Company will have invested in the aggregate at least twenty-five million dollars ($25,000,000) in real and personal property at the Ignition Drive location; and 4) The average wage of employees of the Company's Ignition Drive location is at least one hundred twenty-five percent(125%)of the average wage for St.Joseph County. SECTION V. 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: 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 APR 1 7 20211 Bianca Tirade City Clerk, South Build, IN Filed in Clerk's Office APR 1 7 2024 Bianca Tirado Exhibit A City Clerk, South Bend, IN Letter Agreement For New Qualified Property Under Indiana Code 6-1.1-10-44] Filed in Clerk's Office APR 1 7 2024 LETTER AGREEMENT Bianca Tirado City Clerk, South Bend, IN Tax Exemption for New Qualified Property Under Indiana Code 6-1.1-10-44 April 16, 2024 Common Council of the City of South Bend, Indiana County-City Building, 4th Floor South Bend, Indiana 46601 Dear Honorable Council Members, Aunalytics, Inc. and its wholly owned subsidiaries (the "Company") requests that the Common Council(the"Common Council")of the City of South Bend,Indiana(the"City"),take such action as is necessary and required pursuant to Indiana Code 6-1.1-10-44, as amended (the "Act"), to determine that certain new enterprise information technology equipment of the Company is exempt from property taxation pursuant to the Act. On April 23,2012,the Common Council adopted Resolution No.4174-12,a declaratory resolution which provided a tax exemption for an unlimited term pursuant to the Act for certain equipment for Data Realty Northern Indiana, LLC. A confirming resolution (Resolution No. 4278-13) was adopted by the Common Council on September 9, 2013. Data Realty Northern Indiana, LLC, evolved into what is today the Company and formally became a subsidiary in 2019. The Act provides that "any additions to or replacements to" enterprise information technology equipment that qualified for an exemption would also be defined as"qualified property"under the Act, and the exemption would apply to such property. The Company is planning a significant capital investment in personal and real property at its facility at 1440 Ignition Drive in South Bend the"Project").The Company anticipates spending about$30 million to procure personal property for the Project including high-performance Graphics Processing Unit("GPU")servers to advance Artificial Intelligence ("AI") initiatives and expand advanced AI computing resources and services. The planned investment includes the renovation of existing real property to construct space for the establishment of a GPU server cloud. A list of the personal property the Company plans to purchase that meets the definition of qualified property"under the Act is attached hereto as Exhibit 1 (the "Qualified Property"). The equipment is in addition to and replacing existing exempt personal property, and thus the 2012- 2013 exemption would apply to these new purchases.As such,the Company requests the Common Council to confirm that the exemption provided by Resolution No. 4174-12 and confirmed by Resolution No. 4278-13 should be applied to the new Qualified Property. The undersigned,for and on behalf of the Company,hereby asserts and certifies that the Company continues to be an"eligible business"as defined by the Act("Eligible Business"): The Company operates a business in the City of South Bend at 1440 Ignition Drive that is dedicated to computing, networking, or data storage activities; Filed in Clerk's Office APR 1 7 2024 Bianca Tirado City Clerk, South Bend, IN The Qualified Property is and will be located at the Ignition Drive location; Upon completion of the Project, the Company will have invested more than$30 million in the aggregate in real and personal property at the Ignition Drive location after June 30, 2012; and The average wage of Company employees located in the City and engaged in the operation of the Ignition Drive location is $42.03 per hour, which exceeds one hundred twenty-five percent(125%) of the average wage for St. Joseph County. The undersigned,for and on behalf of the Company,further asserts and certifies that the enterprise information technology equipment listed in Exhibit 1 is Qualified Property as defined by the Act: The equipment does not constitute computer hardware designed for single user, workstation, or departmental level use; The equipment will be purchased after June 30, 2012; and The equipment constitutes: o Hardware supporting computing, networking, or data storage functions, including servers and routers; o Networking systems having an industry designation as equipment within the enterprise" or "data center" class of networking systems that support the computing,networking, or data storage functions; or o Generators and other equipment used to ensure an uninterrupted power supply to equipment described above. The Company acknowledges and agrees that,to the extent that it no longer qualifies as an Eligible Business as defined herein and under the Act or to the extent that the enterprise information technology equipment for which the Company desires the tax exemption no longer qualifies as Qualified Property as defined herein or in the Act, said enterprise information technology equipment will no longer be subject to the tax exemption. Based on the approximately $30 million in total costs on personal property throughout the life of the Project,the estimated personal property tax savings to the Company related to this exemption is$2 million to$3 million. Signature Page Follows] 2 Filed in Clerk's Office APR 17 2024 Bianca Tirado City Clerk,South Bend, IN Aunalytics, Inc. (the "Company") By: 4"F' 7 Zv' Richard F. Carlton Printed Name: Its: President City Acknowledgement The undersigned, acting for an on behalf of the City, enters into and acknowledges the terms of the forgoing Letter Agreement. The Common Council, having adopted Resolution No. 4174-12, a declaratory resolution, on April 23, 2012, and Resolution No. 4278-13, a confirming resolution, on September 9,2013, which together provided a tax exemption for an unlimited term pursuant to the Act for certain equipment, has completed the actions necessary under the Act by the City to grant a property tax exemption for the Qualified Property of the Company for an unlimited term so long as the Company meets the requirements of this Agreement and the Act. City of South Bend, Indiana(the "City") Approved and signed by me on the day of _2024, at o'clock .m. James Mueller Mayor Attest: Bianca Tirado, City Clerk 3 1 .. .4 I L.VF. biaii i luuuv Exhibit 1 City Clerk,South Bend, i . Qualified Property Listing The Company anticipates it will purchase and locate at 1440 Ignition Drive in South Bend, Indiana, Qualified Property, listed below,pursuant to the Act in an amount expected to exceed Thirty Million Dollars($30,000,000.00).As of the time of this Agreement,the equipment has not been bid. Property Description Estimated Amount Graphics Processing Units(GPU's) Servers 16,000,000 Storage Solutions 3,800,000 Software Licensing/Development 9,500,000 Networking Infrastructure 1,300,000 Data Center Infrastructure (racks, cooling,power, etc.) $5,800,000 Total 36,400,000 As part of the first phase of the Project,the Company has identified the specifications of certain servers and networking equipment.The below equipment is included for illustrative purposes as examples of the Qualified Property that will be procured and deployed: Qty Type Manufacturer Model Product CPU Storage Network Total CPU Description Count Memory 4 Server Supermicro SYS- GPU: 8 24TB 100Gb x 1113 Intel 421GE- NVIDIA 2 6548Y+ TNRT Ada L40S 48GB 5 Server Supermicro SYS- GPU: 8 64TB 100Gb x 2TB Intel 821GE- NVIDIA 2 8570 TNHR H 100 80GB Qty Type Manufacturer j Model Product Description 2 Switch Cisco N9K- Nexus 9300 C93180YCFX3- 48p1/10/25G6p40/100GMACsecSyncE RF 2 Switch Cisco CON-L1NCD- CX LEVEL 1 8X7NCD Nexus 9300 Support N9KC93x3 48p 1/10/25G, 6p 40/100G, MACse 4 Switch Power Cisco CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Cord Plug,North America 4 Filed in Clerk's Office APR 1 7 2024 Bianca Tirado City Clerk, South Bend, IN Qty Type Manufacturer Model Product Description 2 Switch Cisco Cl-SUBS- OPT OUT FOR "Default" DCN Subscription OPTOUT Subscription Selection 1 Blade Chassis Cisco UCSB-5108- UCS 5108 Blade Server AC2 Chassis/0 AC2= PSU/8 fans/0 FEX 1 Chassis Cisco CON-LI4OS-CX LEVEL 1 24X7X4OS UCS 5108 Support 6508AC2 Blade Server AC2 Chassis, 0 PSU 4 Chassis Power Cisco UCSB-PSU- 2500W Platinum AC Hot Plug PSUDV 2500ACDV Not EU/UK Lot 9 Compliant) 4 Chassis Power Cisco CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC 16A, C20-C 19 Connectors 1 Chassis Cisco N20-FW018 UCS 5108 Blade Chassis FW Package Firmware 4.2 1 Chassis Cisco UCSB-5108- UCS 5108 Packaging for chassis with Packaging PKG-HW half width blades. 1 Chassis Power Cisco N01-UAC 1 Single phase AC power module for UCS 5108 1 Chassis Cisco N20-CAK Accessory kit for UCS 5108 Blade Accessory Kit Server Chassis 8 Chassis Blade Cisco N20-CBLKB 1 Blade slot blanking panel for UCS Blanks 5108/single slot 8 Chassis Fans Cisco N20-FAN5 Fan module for UCS 5108 2 Chassis IOMs Cisco UCS-IOM- UCS 2304V2 I/O Module (4 External, 2304V2 8 Internal 40Gb Ports) 1 Blade Cisco UCS-M6-MLB UCS M6 RACK, BLADE MLB 4 Blade Server Cisco UCSB-B200-M6- UCS B200 M6 Blade w/o CPU,mem, U HDD, mezz(UPG) 4 Blade Support Cisco CON-L1NCO- CX LEVEL 1 8X7XNCDOSUCS UCSB2M6U B200 M6 Blade wo CPU mem HDD mez 4 Blade RAID Cisco UCSB- Cisco M6 FlexStorage 12G SAS RAID Card RAID12G-M6 Controller 4 Blade LOM Cisco UCSB-MLOM- Cisco UCS VIC 1440 modular LOM 40G-04 for Blade Servers 4 Blade Security Cisco UCSX-TPM- TPM 2.0,TCG, FIPS 140-2, CC 002C EAL4+Certified, for M6 servers 4 Blade Cisco N20-FW018 UCS 5108 Blade Chassis FW Package Firmware 4.2 80 Blade DIMM Cisco UCS-DIMM- UCS DIMM Blanks Blanks BLK 4 Blade Heatsink Cisco UCSB-HS-M6-F CPU Heat Sink for UCS B-Series M6 CPU socket(Front) 4 Blade Heatsink Cisco UCSB-HS-M6-R CPU Heat Sink for UCS B-Series M6 CPU socket(Rear) 8 Blade Cisco UCS-CPU-I8358 Intel 8358 2.6GHz/250W 32C/48MB Processor DDR4 3200MHz 5 Qty Type Manufacturer Model Product Description 48 Blade Memory Cisco UCS-MR- 64GB RDIMM DRx4 3200 (16Gb) X64G2RW 8 Blade Hard Cisco UCS- 120 GB 2.5 inch Enterprise Value 6G Drive SD120GM6-EV SATA SSD 4 Blade FlexPod Cisco UCS-SID-INFR- Converged-FlexPod CFP 4 Blade Use Cisco UCS-SID-WKL- Other Workload OW 1 Blade Cisco DC-MGT- Intersight Opt Out Software Opt- OPTOUT Out 1 Blade Cisco OPTOUT-USE- Customer using alternate systems mgt. UCSM tool: UCSM 1 Header NetApp AFF-A400 AFF-A400, HEADER LINE Description 2 NetApp NetApp AFF-A400A-003 AFF-A400 HA System,Ethernet Controllers Bundle 4 Connectivity NetApp X1148A-N-C MC 2-Pt BareCage 100GbE RoCE QSFP28 PCIe,-C 2 Connectivity NetApp X 1151 A-N-C NIC,l 00GbE, PCIe gen3 x16, Smart IO,-C 2 Connectivity NetApp X1161A-C MEZZANINE,4-Pt,25G,CX5,-C 2 Data at Rest NetApp DATA-AT-REST- Data at Rest Encryption Capable Encryption ENCRYPTION Operating Sys 1 Rail Kit NetApp X-02659-00-N-C Rail Kit,4-Post,Rnd/Sq-Hole,Adj,24- 32,-C 1 Rail Kit NetApp X5532A-N-C Rai1,4-Post,Thin,Rnd/Sq- Hole,Sm,Adj,24-32;C 8 SFPs NetApp X6589-N-C SFP+Optical 10Gb Shortwave,-C 8 QSFPs NetApp X65405-N-C QSFP28,100GbE,SR,-C 1 Physical NetApp X3166A-C Chassis,AFF-A400,FAS8300/8700,-C Chassis 1 Documentation NetApp DOC-AFF-A400- Documents,AFF-A400;C C 1 NVMe Disk NetApp NS224-B-0-24-C NVMe SHLF2U24EmptyNo PSU-C Shelf 6 Jumper Cord NetApp X800-42U-R6-C Jumper Crd,In-Cab,C 13-C 14;C 8 Network NetApp X66200-5-N-C Cable,Cntlr-Switch Cabling OM4,MPO/MPO,5m,-C 2 Network NetApp X66211 A-05-N- Cable,100GbE,QSFP28- Cabling C QSFP28,Cu,0.5m;C 4 Network NetApp X66211B-1-N-C Cable,100GbE,QSFP28- Cabling QSFP28,Cu,lm,-C 8 Network NetApp X66250-5-N-C Cable,LC-LC,OM4,5m,-C Cabling Filed in Clerk's flfficr 6 APR 17 2024 Bianco 'I"ir:a v City Clerk, Suuth Bu;u1, IN Qty Type Manufacturer Model Product Description 2 Network NetApp X66240A-05-N- Cable,25GbE,SFP28-SFP28,Cu,0.5m,- Cabling C C 2 Power Supply NetApp X97602A-C Power Supply,1600W,Titanium,-C 4 Power Supply NetApp X737A-C Power Supply,1600W,-C 8 Hard Drives NetApp X4013A-2-N-C Drive Pack 2X7.6TB,NVMe,SED,-C 1,216 ONTAP NetApp SW-ONTAPO- SW,ONTAP One Package,Per- Software NVME-A03-C 0.1 TB,NVME,A03;C 1 4hr Support NetApp CS-4HR- 4hr Parts Delivery and Replacement REPLACEMENT 1 Software NetApp CS-G1-SE- SupportEdge Advisor Intellegience ADVISOR 1 ONTAP NetApp SW SMIRROR- SW-SMIRROR-CLD-ONTAP-ONE Software CLD-ONTAP- Feature ONE 1 ONTAP NetApp SW S3-SM- SW-S3-SM-ONTAP-ONE Software ONTAP-ONE Feature 1 Header NetApp AFF-A250 HEADER LINE Description 2 NetApp NetApp AFF-A250A-001 AFF A250 HA System Controllers 1 Description NetApp AFF-A250-200-C AFF A250NVMeZero DriveNo PSU-C 2 Power Supply NetApp X737A-C Power Supply,1600W,-C 7 Hard Drives NetApp X4011A-2-N-C Drive Pack 2X3.8TB,NVMe,SED,-C 4 QSFPs NetApp X65405-N-C QSFP28,100GbE,SR,-C 4 Network NetApp X66200-5-N-C Cable,Cntlr-Switch Cabling 0M4,MPO/MPO,5m,-C 2 Network NetApp X66240A-05-N- Cable,25GbE,SFP28-SFP28,Cu,0.5m,- Cabling C C 1 Rail Kit NetApp X5532A-N-C Rai1,4-Post,Thin,Rnd/Sq- Hole,Sm,Adj,24-3 2,-C 1 Documentation NetApp DOC-AFF-A250- Documents,AFF-A250;C C 2 Jumper Cord NetApp X800-42U-R6-C Jumper Crd,In-Cab,C 13-C 14,-C 532 ONTAP NetApp SW ONTAPO- SW,ONTAP One Package,Per- Software NVME-A01-C 0.1TB,NVMe,A01;C 2 Network Card NetApp X1153-N-C MEZZANINE 2-Port 100GbE,-C 2 Data at Rest NetApp DATA-AT-REST- Data at Rest Encryption Capable Encryption ENCRYPTION Operating Sys 1 4hr Support NetApp CS-4HR- 4hr Parts Delivery and Replacement REPLACEMENT 1 Software NetApp CS-GI-SE- SupportEdge Advisor Intellegience ADVISOR Filed in Clerk's Ot(ice 7 APR 17 2024 Bianca Tirariu City Clerk, South Berm, IN Qty Type Manufacturer Model Product Description 1 ONTAP NetApp SW-SMIRROR- SW-SMIRROR-CLD-ONTAP-ONE Software CLD-ONTAP- Feature ONE 1 ONTAP NetApp SW S3-SM- SW-S3-SM-ONTAP-ONE Software ONTAP-ONE Feature Filed in Clerk's Office APR 17 2024 Bianca Tirado City Clerk, South Bend, IN 8 April 16,2024 Aunalytics, Inc. South Bend Portage Township Personal Property Tax Abatement Schedule* Estimated Equipment Cost: $ 30,000,000 Asset Pool: Pool#2(5-8 years) Property Address: 1440 Ignition Drive Tax Key Number: TBD Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Assessed Value(AV) True Tax Value(TTV) 40% 56% 42% 32% 24% 18% 15% 0% New Base(Equipment Cost x TTV) 12,000,000 16,800,000 12,600,000 9,600,000 7,200,000 5,400,000 4,500,000 Abatement 100% 100% 100% 100% 100% 100% 100% 100% Abatement Deduction 12,000,000) (16,800,000) (12,600,000) (9,600,000) (7,200,000) (5,400,000) (4,500,000) Net Assessed Value Estimated Property Taxes Without Abatement Assume constant tax rate of 5.3548% Gross Tax(Tax Rate x Net AV) 642,576 899,606 674,705 514,061 385,546 289,159 240,966 Debt Service(0.3840%of Net AV) 46,080 64,512 48,384 36,864 27,648 20,736 17,280 Local Tax Credit(12.3682%of GT-DS) 73,776) (103,286) (77,465) (59,021) (44,265) (33,199) (27,666) Circuit Breaker Credit 208,800) (292,320) (219,240) (167,040) (125,280) (93,960) (78,300) Tax Liability 406,080 $ 568,512 $ 426,384 $ 324,864 $ 243,648 $ 182,736 $ 152,280 $ Circuit Breaker Cap 3% 3% 3% 3% 3% 3% 3% 3% 360.000 504,000 378.000 288,000 216,000 162,000 135,000 Year Abatement New Tax TaxesTaxes Abated NePProjTaadxes 1 100% $ 406,080 $ (406,080) $ 2 100% 568,512 (568,512) Filed in Clerk's Office3100% 426,384 (426,384) 4 100% 324,864 (324,864) 5 100% 243,648 (243,648) APR 1 7 20246100% 182,736 (182,736) 7 100% 152,280 (152,280) 100% Bianca Tirado8 Total: 2,304,504 (2,304,504) City Clerk, South Bend, IN This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2023 Payable 2024. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Department of Community Investment l City of South Bend Filed in Clerk's Office APR 1 7 2024 Bianca Tirado City Clerk, South Bend, IN RESOLUTION 4174-12 Passed by the Common Council of the City of South Bend, Indiana April 23, 20 12 Attest: City Clerk Attest' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 24, 20 12 ciAlCiP City Clerk Approved and signed by me Ar f,\ Z 1 20 L Z . RESOLUTION NO. Ll 7 — L' DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AUTHORIZING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA,LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT) WHEREAS, Indiana Code 6-1.1-10-44 (the "Act") authorizes the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a determination that certain qualified personal property owned by a eligible business is exempt from property taxation to the extent such property is located in the City; and WHEREAS, Data Realty Northern Indiana,LLC(the"Company"),has announced its plans to locate a computing, networking, and data storage facility (the "Project") at 1440 Ignition Drive South in the City(the"Site"); WHEREAS, the jobs to be created by the Project will have an average employee wage of$28.36 per hour and the Project will result in a capital investment of$14.2 million in real and personal property improvements;and WHEREAS, the Company has presented to this Common Council a Letter Agreement, a form of which is attached hereto as Exhibit A and the terms of which are incorporated herein (the "Agreement"), in which Agreement the Company describes the Project, and pursuant to which the Company requests that this Common Council determine that (i)the Company is an"Eligible Business"as defined herein and in the Act;and(ii) certain of the personal property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement and including any equipment which may replace such equipment (the "Computer Equipment") is Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax exemption provided by the Act; and WHEREAS, as used herein and as defined in the Act, "Qualified Property"means certain enterprise information technology equipment acquired after June 30, 2009, which would include any of the personal property listed below, but would not include computer hardware designed for a single user,workstation, or departmental level use: a) Hardware supporting computing, networking, or data storage function, including servers and routers; b) Networking systems having an industry designation as equipment within the "enterprise" or "data center" class of networking systems that support the computing,networking,or data storage functions;or BDDB01 65465I 8v3 c) Generators and other equipment used to ensure an uninterrupted power supply to the equipment described in subparagraph(a) or(b)above; and WHEREAS, "Eligible Business" as used herein and defined in the Act means an entity that meets each of the following requirements: a) The entity is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; b) The entity is located in a facility or data center in Indiana; c) The entity invests in the aggregate at least$10,000,000 in real and personal property in Indiana after June 30,2009; and d) The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts its business operations; and WHEREAS, the Company has certified in the Agreement that(i) it qualifies as an Eligible Business and (ii) the Computer Equipment constitutes Qualified Property; and WHEREAS, the Project and the real and personal property improvements to be made by the Company at the Site by the Company will benefit the welfare of all citizens and taxpayers of the City; NOW,THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby makes the following findings based upon the information provided by the Company in the Agreement: A. The Company constitutes an Eligible Business; and B. The Computer Equipment constitutes Qualified Property. SECTION II. Subject to the completion of the procedures required by the Act and described below, the Common Council provisionally declares the Computer Equipment to be exempt from property taxation, which exemption will continue for an unlimited period of time, provided that the Company continues to qualify as an Eligible Business and the Computer Equipment continues to qualify as"Qualified Property"under the Act. SECTION III. The Common Council hereby authorizes a notice of the adoption and the substance of this Declaratory Resolution to be published in accordance with Subsection(g) of the Act and the Clerk is hereby authorized to cause to be filed a copy of the notice and this resolution with each taxing unit located in the County. Additionally, a copy of this Declaratory Resolution shall be filed with the St.Joseph County Assessor's office. The notice shall specify a date when the Common Council will receive and hear all remonstrances and objections from interested persons. Following such hearing,the Common Council will consider the adoption of a BDDB01 6546518v3 2- confirming resolution to modify, confirm or rescind this Declaratory Resolution and authorize the execution of the Agreement by the Mayor and the Clerk, for an on behalf of the City,granting the property tax exemption authorized under the Act for the Qualified Property. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval • , the Mayc 1 tL . /4 fair4 ember of the Common Council 11Ll-l` r i PRESENTED \` AR 1 e Z01Z NOT APPROVED ADOPTED Lk,L3_AL imA! t ooE A art CLERK,soli ni BEND,IN BDDBOI 6546518v3 3 - TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-35 A DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA, LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Community & Economic Development Committee. Karen L. White Chairperson, Committee of the Whole 120000UNTY-CITYBurIDING e1 \ /0j ' PHONE 574/235-9371 eU \ ,iri ii C227WJEFFERSONBOULEVARDW\IILWE r FAX 574/235-9021 SOUTH BEND,INDIANA 46601-1830 1. t'S R R ,, 1865 CITY OF SOUTH BEND PETE BU IMGIEG,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT April 16,2012 Derek Dieter,President South Bend Common Council 435 County-City Building South Bend, Indiana 46601 RE:DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AUTHORIZING A PROPERTY TAX EXEMPTION FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44(DATA REALTY NORTHERN INDIANA,LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT) Dear President Dieter: Attached for filing please find the above-referenced Declaratory Resolution to be considered by the Common Council at its April 23, 2012 meeting. Approval of this Resolution would be the first step in providing property tax exemption for qualifying enterprise information technology equipment to Data Realty Northern Indiana, LLC. Attached as an Exhibit to the Resolution is a Letter Agreement wherein Data Realty states their project meets the requirements of State law in order to receive this exemption. Specifically, the project investment will be about $14.2 million,exceeding the required $10.0 million. $6.0 million of the investment is expected to be in equipment qualifying for the exemption. Additionally, the jobs to be created will have an average wage of$28.36/hour, exceeding the requirement that they be greater than 125% of the county average. The county average is about $18.50 /hour and 125% would be 23.13/hour. The Resolution and Letter Agreement are both in the form prescribed by Resolution 4089-11 approved by the South Bend Common Council March 14, 2011. Don Inks will be presenting the Resolution. Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information. Filed-in dI?rf-aS OfSifniely, D nald E. nks E.77:3vC'.2 irector,Economic Development CI'P'1'gt,,t ri RDE COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C.MEYER DONALD E.INKS 574/235-9660 574/235-9371 Fix:574/235-9469 0 i,. EXHIBIT A LETTER AGREEMENT see attached) BDDBOI 6546518v3 LETTER AGREEMENT REGARDING ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT TAX EXEMPTION April 16,2012 The Common Council City of South Bend,Indiana 227 West Jefferson Blvd. • Suite 400 S South Bend,Indiana 46601 Dear Honorable Council Members: Data Realty Northern Indiana, LLC (the "Company") requests that the Common Council (the Common Council") of the City of South Bend, Indiana (the "City"), take such action as is necessary and required pursuant to Indiana Code § 6-1.1-10-44(the "Act")in order to determine that certain enterprise information technology equipment of the Company is exempt from property taxation pursuant to the Act. The Company proposes to locate a project at 1440 Ignition Drive South (the "Site") which is located within the boundaries of the City (the "Project") which Project will result in a capital investment in real and personal property at the Site of$14.2 million. $6.0 million of the personal property improvements will be attributable to the installation at the Site of enterprise information technology equipment which will include but be not limited to the equipment listed at Exhibit A attached hereto and incorporated herein and also any enterprise information technology equipment which may in the future replace the equipment listed at Exhibit A. Additionally, the jobs created by the Project will result in an average employee wage of$28.36 per hour, which exceeds 125%of the county average wage for St.Joseph County,Indiana. On behalf of the Company, the undersigned hereby certifies that Company constitutes an Eligible Business" as such term is defined in the Act because the Company meets each of the following requirements: a) The Company is engaged in a business that, upon completion of the Project,will operate one or more facilities dedicated to computing,networking,or data storage activities; b) The Company is located in a facility or data center in Indiana; c) The Company will have invested upon completion of the Project in the aggregate at least 10,000,000 in real and personal property which investment will have occurred after June 30,2009;and d) The average employee wage of the Company at the Site is at least 125% of the county average wage for St.Joseph County,Indiana. BDDBOI 6546827v3 The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise information technology equipment listed at Exhibit A attached hereto and incorporated herein is Qualified Property because it has been or will be purchased after June 30, 2009, and it constitutes: 1) Hardware supporting computing, networking, or data storage function, including servers and routers; 2) Networking systems having industry designation as equipment within the "enterprise" or data center"class of networking systems that support the computing,networking,or data storage functions;or 3) Generators and other equipment used to insure an uninterrupted power supply to equipment described subparagraph(1)or(2)above. The undersigned further certifies for and on behalf of the Company that none of the Qualified Property constitutes computer hardware designed for single user, workstation or departmental level use. The Company requests that all enterprise information technology equipment which would constitute Qualified Property as defined herein and in the Act be deemed exempt from property taxation as provided by the Act. The Company acknowledges and agrees that, to the extent that it no longer qualifies as an Eligible Business as defined herein and under the Act or to the extent that the enterprise information technology equipment for which the Company desires the tax exemption no longer qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information technology equipment will no longer be subject to the tax exemption. ompany") 40By: Printed Name: l`/f^iv'4v, Its: ?ref',ie,A.7 2 BDDB01 6546827v3 CITY ACKNOWLEDGEMENT: The undersigned,acting for and on behalf of the City, enters into and acknowledges the terms of the foregoing Letter Agreement. The Common Council,having adopted a declaratory resolution Resolution No. , adopted on 20 ), provided notice as required by the Act, and adopted a confirming resolution (Resolution No. , adopted on 20 )determining to grant the tax exemption provided by the Act,has completed the actions necessary under the Act by the City to grant a property tax exemption for the Qualified Property of the Company for an unlimited term so long as the Company meets the requirements of this Agreement and the Act. CITY OF SOUTH BEND,INDIANA 20_ Mayor ATTEST: City Clerk 3- BDDB01 6546827v3 EXHIBIT A Qualified Property Listing Data Realty Northern Indiana(DRNI)will locate a Project that will result in a capital investment in real and personal property of $14,200,000 at 1440 Ignition Drive South at Ignition Park. DRNI will be purchasing Qualified Property pursuant to Indiana Code 6-1.1-10-44 in an amount expected to equal$6,000,000. That property will include generators and other equipment used to ensure an uninterrupted power supply to both enterprise hardware and networking equipment located in the Data Center. An outline of the equipment is included below. Cate"or:k F.tinwted ("ost Electrical Equipment 3,200,000 Cooling Equipment 1,500,000 Support Equipment 1,300,000 6,000,000 Currently,the enterprise equipment is still being bid and so a more detailed list is not available at this time. Data Realty Northern Indiana is in the process of conducting a thorough analysis of all enterprise equipment being installed at the Data Center, including a cost segregation analysis, and it will provide a revised schedule with line item detail to the Council once that analysis is complete and prior to the Council's consideration of the Confirmatory Resolution giving final approval for this exemption. T. ____.:______, in eerRp ir; 1 0 ?OlZ' I s a i' CLERK,CA..l i.xE-L®,Itd u.s....,,,,, I BDDBOI 6546827v3 RESOLUTION 4278-13 Passed by the Common Council of the City of South Bend,Indiana September 9,13 20 . Attest:City Clerk Attest President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 10. 20 13 City Clerk Approved and signed by me S f PT f/i f(Z 1320-. Mayor RESOLUTION NO. 2 7 Y"'(3 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44(DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1440 IGNITION DRIVE IN THE SIXTH COUNCIL DISTRICT WHEREAS.The Common Council(the"Common Council)of the City of SouthBend,Indiana(the"City"),pursuant to Resolution No. 4174-12 adopted by the CommonCouncilonApril24,2012(the"Declaratory Resolution"),provisionally declared subject to the completion of the proceedings set forth in Indiana Code 6-1.1-10-44(the"Act")and Section III of the Declaratory Resolution that(i)Data Realty Northern Indiana LLC(the Company")constitutes an Eligible Business under the Act and the Declaratory Resolution;(ii) certain personal property of the Company will constitute Qualified Property(the"Qualified Property")under the Act and the Declaratory Resolution;and(iii)the Qualified Property will be exempt from property taxation for an unlimited term provided that the Company continues to qualify for the exemption hereunder and under the Act;and WHEREAS,pursuant to the Act and Indiana Code 5-3-1,public notice of the adoption and the substance of the Declaratory Resolution was provided as well as setting forth that a public hearing would be held on August 26,2013,to receive and hear all remonstrances and objections from interested persons;and WHEREAS,a copy of the Declaratory Resolution and the public notice referenced above was filed with the office of the St.Joseph County Assessor and with each taxing unit in the County;and WHEREAS,on August 26,2013 the Common Council received and heard all remonstrances and objections to the Declaratory Resolution from interested persons and considered the evidence presented. NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City ofSouthBend,Indiana,as follows: SECTION I.The Common Council hereby confirms its findings in the Declaratory Resolution determining that the Qualified Property of the Company is and shall be exempt from property taxation for an unlimited term provided that the Company continues to qualify for the exemption under the Act. The Common Council hereby approves of the form of Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to execute and attest,respectively,the form of Letter Agreement attached to the DeclaratoryResolution. SECTION II.The Common Council further confirms that the final determination and property tax exemption confirmation for certain enterprise information technology equipment is based on Data Realty's representations that: a) It is engaged in a business that operates one or more facilities dedicated to computing,networking or data storage activities; b) It is located in a facility or data center in Indiana; c) It invests in the aggregate at least$10,000.000 in real and personal property in Indiana after June 30,2009;and d) The average employee wage of the entity is at least 125%of the county average wage for each county in which the entity conducts its business operation. SECTION III.This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Council Filed Office] 1 AUG 16 2013 pRESENTi.o C,e uJ'S . 441-4511' JOIrd 1100i-:.E 140.% 'APPROVED CITY CLERK,SOUTH BEND,IN wpOPSE0. -\-ct_U a s rib + TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13-54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MAKIN A FINAL DETERMINATION AND CONFIRMING A PROPERTY TAX EXCEPTION OF CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA LLC PROJECT LOCATED AT 1440 IGNITION DRIVE IN THE SIXTH COUNCIL DISTRICT This bill was heard by the Community Investment Committee. Karen L. White Chairperson, Committee of the Whole m 2 5 YEAR 31-Jul-13 E. ;" ci 9 Ei Data Realty Q of South Bend Portage Township Gi ` t}- Persona!Property Tax Abatement Schedule" I() z 9JTaxKeyNumber01. , Current Assessed Value: 0 3 Estimated Project Cost:7,929,766 Y. E 40% 60% 55% 45% 37% 100% 80% 60% 40% 20% Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Value: AV&Tax Pay 2013 Pay 2014 Pay 2015 Pay 2016 Pay 2017CurrentAssessedValue100% 0 0 0 0 0 0BaseAssessedValue 3,171,906 4,757,860 4,361,371 3,568,395 2,934,013essAbatementDeduction3,171,906) (3,806,288) (2,616,823) (1,427,358) (586,803)Net Assessed Value 0 0 951,572 1,744,549 2,141,037 2,347,211 Property Taxes: Assume constant tax rate of 4.8951% 4.8951% 4.8951% 4.8951% 4.8951% 4.8951% Gross Tax(tax rate x net assessed value) 0 0 46,580 85,397 104,806 114,898LessCircuitBreakerCredit0000011,050)Net Tax 0 0 46,580 85,397 104,806 103,849 Circuit Breaker Cap Circuit Breaker 3.0000% 0 95,157 142,736 130,841 107,052 88,020DebtService0.6743% 0 0 6,417 11,764 14,438 15,828CircuitBrakerCap095.157 149,153 142,605 121,490 103,849 New Combined Net l co90 19F ire!)AExistingProjectExisting&New Tax TaxYearTaxesTaxesTaxesAbatedpaid Pay 2011 0 116,547 116,547 116,547 0Pay20120174,820 174,820 128,240 46,580Pay20130160,252 160,252 74,854 85,397Pay20140131,115 131,115 26,309 104,806Pay20150107,806 107,806 3,957 103,849 Totals 0 690,540 690540 349,907 340,633 p q Q3"1O This schedule is for estimation purposes only and assumes constant tax rates. The true tax values Jwillultimatelybedeterminedbytheactualassessedvaluationandthe!hen current tax rates. u.0 (Y t3 .....p j a-inn. TN... 227 W.JEFFERSON BOULEVARD C;. PHONE:574/235-9371 SurrE1400S.F r FAx:574/235-902! Soum BEND,IN 46601-1830 c.11 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT July 26,2013 SCOTT FORD,EXECUTIVE DIRECTOR Council Member Gavin Ferlic,Chairperson Community&Economic Development Committee South Bend Common Council 4th Floor,County City Building South Bend,IN 46601 RE: Personal Property Tax Abatement Petition for: Data Realty Northern Indiana LLC Dear Council Member Ferlic: Data Realty Northern Indiana,LLC was approved for a personal property tax abatement with an unlimited term through Declaratory Resolution 4174-12 adopted by the Common Council on April 24,2012. The term is unlimited so long as the Company continues to meet the requirements of the Letter Agreement and the statute. At that time the Company agreed to provide the Common Council with an updated property listing before receiving the Confirming Resolution. Attached you will find the updated property listing along with a copy of the Declaratory Resolution that was approved previously.Attached also is the Letter Agreement previously signed by Rich Carlton of Data Realty Northern Indiana,LLC along with the proposed Confirming Resolution. Should you or any of the other Council,:members have any questions concerning the report or need additional information,please feel free`to call'me at 235-9278. Sincerely, Way el& Kathy Hahn Analyst-Economic Resources Attachments Filed in Clerk's Office c: South Bend Common Council Members Mayor Pete Buttigieg JUL 26 2013 Scott Ford o EChrisFieldingrth ,,, ' CIIYG =+c.V.,•x,Dave Relos E 84END,IN PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITINICAIN 11 I: (R11MEL1 C.MFYER DONALD I:.IN KS EXHIBIT A Qualified Property Listing Data Realty Northern Indiana(DRNI)will locate a Project that will result in a capital investment in real and personal property of$14,200,000 at 1440 Ignition Drive South at Ignition Park. DRNI will be purchasing Qualified Property pursuant to Indiana Code 6-1.1-10-44 in an amount expected to equal$6,000,000. That property will include generators and other equipment used to ensure an uninterrupted power supply to both enterprise hardware and networking equipment located in the Data Center. An outline of the equipment is included below. Cat egon IatinIatcd("ust Electrical Equipment 3,200,000 Cooling Equipment 1,500,000 Support Equipment 1,300,000 6,000,000 Currently,the enterprise equipment is still being bid and so a more detailed list is not available at this time. Data Realty Northern Indiana is in the process of conducting a thorough analysis of all enterprise equipment being installed at the Data Center, including a cost segregation analysis, and it will provide a revised schedule with line item detail to the Council once that analysis is complete and prior to the Council's consideration of the Confirmatory Resolution giving final . approval for this exemption. t Filed if1 CIOP'lt'I I 1 JUL 26 iOnI cm C1.200, Ero,IIV BDDBOI 6546827v3 Data Realty Northern Indiana County Property Tax Exempt Equipment As of February 28,2013 Asset No. Asset Description Date Placed in Estimated P Service Life Acquired Value I Server Room I(MODI)48Ux48"Cabinets(55) 1 I/1/2012 5.00 263,277.57 2 Comm Room ISP System/Connections 11/1/2012 5.00 176,126.18 3 NOC Monitoring Equipment 11/1/2012 5.00 33,975.62 4 Inspiron660 I1/I/2012 5.00 1,578.50 5 EM X energy monitoring system 10 monitoring points 11/1/2012 5.00 5,922.64 6 Dell EqualLogic PS6100E Storage Array 11/1/2012 5.00 95,247.29 7 Wireless project 11/1/2012 5.00 23,599.84 8 HP-Proliant server DL360P GEN8 E5-2609 11/1/2012 5.00 6,323.93 9 Data Center BMS/Controls,monitoring systems 11/1/2012 5.00 325,245.15 10 Server Room 1(MOD!)Security System 11/1/2012 7.00 100,766.47 11 Cable tray 11/1/2012 5.00 35,259.67 12 Raised access flooring-Room I(MOD!) 11/1/2012 5.00 212,127.62 13 VESDA/Clean Agent/Fire Protection System 11/1/2012 5.00 351,712.49 14 Smardt Chillers(2) 11/1/2012 5.00 648,265.70 15 Evapco Condensers(2) 11/1/2012 5.00 553,001.46 16 LiebertCRAH(8) 11/1/2012 5.00 1,553,886.52 17 Eaton Transformer(2) 11/1/2012 5.00 161,996.51 18 CaterpillarGenerators(2) I1/12012 7.00 1,206,715.32 19 Medium Voltage Switchgear 11/12012 5.00 241,343.14 20 Eaton Low Voltage Switchgear(2) 11/1/2012 5.00 919,239.02 21 Eaton Transformer&Distribution Panel(4) 11/1/2012 5.00 276,120.95 22 Mitsubishi 500 KVA L)ninterruptible Power Supply(2) 11/1/2012 5.00 592,512.58 23 Automatic Transfer Switches(3) 11/1/2012 5.00 55,827.93 24 Winsted control mom console-NOC(3) 11/12012 7.00 21,267.25 25 Tripp Lite Metered PDU 1/16/2013 5.00 937.27 26 Tripp Lite 3 Phase Monitored PDU 1/17/2013 5.00 638.79 27 Tripp Lite Metered PDU 1/22/2013 5.00 361.29 28 Tripp Lite Metered PDU 1/22/2013 5.00 491.90 29 Circuit Breaker Units 1/25/2013 5.00 14,522.68 30 Circuit Breaker Units 1/30/2013 5.00 3,049.39 31 Commissioning 1/31/2013 5.00 1,282.51 32 Windows Server and SQL Server 2/1/2013 5.00 2,085.32 33 Cords 2/12/2013 5.00 919.87 34 APC Switched Rack PDU&Tripp Lite 3-Phase Monitored 2/26/2013 5.00 8,064.59 35 48Ux48 Rack 2/26/2013 5.00 35,345.00 36 Tripp Lite PDU&Tripp Lite Heavy-Duty Power Supply 2/28/2013 5.00 728.40 Grand Total 7,929,766.35 Filed in Cleric's Office JOril toot. 5./ CITY CL 4n.3Da/ is SEND,IN Sp[iT8 g\ 1200 Coun-n,G7Y BUILDING A' PHONE 574/235-9371 227W.JEFFFR50N BOULEVARD i \\ r FAX 574/235-)071SOUTHBEND,INDIANA 46601-1830 rs 1865 CITY OF S01/11-1 BEND PETE BUTTIGJEG,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT April 16,2012 Derek Dieter,President South Bend Common Council 435 County-City Building South Bend,Indiana 46601 RE:DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AUTHORIZING A PROPERTY TAX EXEMPTION FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44(DATA REALTY NORTHERN INDIANA,LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT) Dear President Dieter: Attached for filing please find the above-referenced Declaratory Resolution to be considered by the Common Council at its April 23, 2012 meeting. Approval of this Resolution would be the first step in providing property tax exemption for qualifying enterprise information technology equipment to Data Realty Northern Indiana, LLC. Attached as an Exhibit to the Resolution is a Letter Agreement wherein Data Realty states their project meets the requirements of State law in order to receive this exemption.Specifically,the project investment will be about$14.2 million,exceeding the required$10.0 million. $6.0 million of the investment is expected to be in equipment qualifying for the exemption. Additionally, thejobstobecreatedwillhaveanaveragewageof$28.36/hour,exceeding the requirement that they be greaterthan125% of the county average. The county average is about $18.50 /hour and 125% would be 23.13/hour. The Resolution and Letter Agreement are both in the form prescribed by Resolution 4089-11approvedbytheSouthBendCommonCouncilMarch14, 2011. Don Inks will be presenting theResolution. Your favorable consideration is requested. Please do not hesitate to contact me if ou --4 ...' '- information. Filed in Clerk's Office Sin erely, JUL 26 i)i3 7 D nald E. nks Jvr r s;€rou.4N •irector,Economic Development C11Y Ct.S'RK.sc COMMUNITY DEVELOPMENT ECONOMIC DCVO orMFxr PAWL/C.MEYER 5?4l755-9660 DC• uni3 E.INK FAX.5744735-9469 57405-9371 EXHIBIT A LETTER AGREEMENT see attached) Filed Prl Csot JUL 26 2.LY,3 CITY CUR&sou BDDB01 65465I8v3 LETTER AGREEMENT REGARDING ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT TAX EXEMPTION April 16,2012 The Common Council City of South Bend,Indiana 227 West Jefferson Blvd.•Suite 400 S South Bend,Indiana 46601 Dear Honorable Council Members: Data Realty Northern Indiana, LLC (the "Company") requests that the Common Council (theCommonCouncil") of the City of South Bend, Indiana (the "City"), take such action as is necessary and required pursuant to Indiana Code §6-1.1-10-44(the"Act")in order to determine that certain enterprise information technology equipment of the Company is exempt from property taxation pursuant to the Act. The Company proposes to locate a project at 1440 Ignition Drive South (the "Site") which is located within the boundaries of the City (the "Project") which Project will result in a capitalinvestmentinrealandpersonalpropertyattheSiteof$14.2 million. $6.0 million of the personal property improvements will be attributable to the installation at the Site of enterprise information technology equipment which will include but be not limited to the equipment listed at Exhibit A attached hereto and incorporated herein and also any enterprise information technology equipment which may in the future replace the equipment listed at Exhibit A. Additionally,the jobs created by the Project will result in an average employee wage of$28.36 per hour, which exceeds 125%of the county average wage for St.Joseph County,Indiana. On behalf of the Company, the undersigned hereby certifies that Company constitutes an Eligible Business" as such term is defined in the Act because the Company meets each of the following requirements: a) The Company is engaged in a business that,upon completion of the Project,will operate one or more facilities dedicated to computing,networking,or data storage activities; b) The Company is located in a facility or data center in Indiana; c) The Company will have invested upon completion of the Project in the aggregate at least 10,000,000 in real and personal property which investment will have occurred after June 30,2009;and d) The average employee wage of the Company at the Site is at least 125%of the county average wage for St.Joseph County,Indiana. BDDBO]6546827v3 The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise information technology equipment listed at Exhibit A attached hereto and incorporated herein is Qualified Property because it has been or will be purchased after June 30, 2009, and it constitutes: 1) Hardware supporting computing,networking, or data storage function,including servers and routers; 2) Networking systems having industry designation as equipment within the"enterprise"or data center"class of networking systems that support the computing,networking,or data storage functions;or 3) Generators and other equipment used to insure an uninterrupted power supply to equipment described subparagraph(1)or(2)above. The undersigned further certifies for and on behalf of the Company that none of the Qualified Property constitutes computer hardware designed for single user, workstation or departmental level use. The Company requests that all enterprise information technology equipment which would constitute Qualified Property as defined herein and in the Act be deemed exempt from property taxation as provided by the Act. The Company acknowledges and agrees that, to the extent that it no longer qualifies as an Eligible Business as defined herein and under the Act or to the extent that the enterprise information technology equipment for which the Company desires the tax exemption no longer qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information technology equipment will no longer be subject to the n tax exemption. ompany") By.X Printed Name: /`/C 46,// a/4 Its: / r leA 7- 2- BDDBOI 6546827v3 CITY ACKNOWLEDGEMENT: The undersigned,acting for and on behalf of the City,enters into and acknowledges the terms oftheforegoingLetterAgreement. The Common Council,having adopted a declaratory resolutionResolutionNo. , adopted on 20 ), provided notice as required by theAct, and adopted a confirming resolution (Resolution No. _, adopted on20 )determining to grant the tax exemption provided by the Act,has completed the actions necessary under the Act by the City to grant a property tax exemption for the Qualified PropertyoftheCompanyforanunlimitedtermsolongastheCompanymeetstherequirementsofthisAgreementandtheAct. CITY OF SOUTH BEND,INDIANA 20 Mayor ATTEST: City Clerk Filed dr Ci1 1 fr_t, Office JUL 26 nia -I JOMN VOO BDDBOI 654682h3 3 ri CLERK.SGu s!BEND,IN r CITY OF SOUTH BEND COMMUNITY INVESTMENT April 17, 2024 Filed in Clerk's Office Council Member Troy Warner APR 1 7 2024 Chairperson, Community Investment Committee South Bend Common Council Bianca Tirado County-City Building, 4th Floor City Clerk, South Bend, IN South Bend, Indiana 46601 RE: Confirming Resolutions (2): Personal Property and Industrial Development Real Property Tax Abatement Petition for Steel Warehouse Company, LLC Dear Council Member Warner, Please find the enclosed Confirming Resolutions and Memoranda of Agreement for a personal property tax abatement and an industrial development real property tax abatement, respectively, for Steel Warehouse Company, LLC, an Indiana Limited Liability Company. The petitioner plans to construct a new building at 2803 and 2920 Tucker Drive on Steel Warehouse's Tucker Drive campus to facilitate the installation of a new leveling line and materials handling equipment. This new line will require the construction of a 30,852 square foot building to house the equipment. The company's headquarters are located at 2722 Tucker Drive, and this address is commonly used to describe the entire campus. The total investment for this project is projected to exceed $14 million. The project meets the qualifications for a five-year(5) personal property tax abatement and a six-year (6) industrial development real property tax abatement. A representative from Steel Warehouse Company, LLC, will be available to meet with the Committee on Monday, April 22, 2024. Should you or other Council members have questions about 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 1400S County-City Building 227 W.Jefferson Blvd. South Bend.Indiana 46601 p 574.235.9371 www.southbendin.gov Bill No. 24-14 Filed in Clerk's Office BILL NO. 24-14 APR 1 7 2024 RESOLUTION NO. 5077-24 Bianca Tirado 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 2803 Tucker Drive, South Bend, Indiana 46619 AND 2920 Tucker Drive, South Bend, Indiana 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR Steel Warehouse Company, 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 commonly known as 2803 Tucker Drive, South Bend, Indiana 46619, and 2920 Tucker Drive, South Bend, Indiana 46619, and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned, be designated as an Economic Revitalization Area; and WHEREAS, the area commonly known as 2803 Tucker Drive and 2920 Tucker Drive is part of the Steel Warehouse campus, which also includes the company's headquarters at 2722 Tucker Drive; 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 personal 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 personal property tax deduction for a period of five (5) years as shown below 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 s - 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: 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 Offi ce A1'i, 172024 City CIB k Southr QinMEMORANDUMOFAGREEMENT IN PERSONAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement(Agreement)dated as April 11,2024,serves as confirmation of a commitment by Steel Warehouse Company,LLC(the"Applicant"),pending an April 22,2024, public hearing,to comply with the project description,job creation and retention(and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement(Commitments). 1. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana, (the "City") commits to provide a five-year (5) personal 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 a capital expenditure of no less than Nine Million dollars ($9,000,000.00) associated with the purchase and installation of manufacturing equipment for a heavy gauge corrective leveling cut-to-length line for property located at 2803-2920 Tucker Drive,South Bend,Indiana 46619, and has Key Numbers 71-08-15-151-002.000-026 and 71-08-15-151-003.000-026. b)creating at least eleven(11)permanent full-time jobs with a total estimated annual payroll of at least Five Hundred Sixty Six Thousand One Hundred Thirty Four dollars($566,134.00);and c)acting in good faith to complete the project as described in its Application. 2. 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&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. 3. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization 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 1 of this Agreement,and the 1 Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control,as described in Section 4 below. 4. 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 4 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 5. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a)be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization 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. 6. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization 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. 7. 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. 8. 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, 2 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. 9. 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. 10. 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. 11. 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. 12. 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: Steel Warehouse Company,LLC 2722 Tucker Drive South Bend,Indiana 46619 Attn: Gerald Lerman,Vice President 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 3 13. 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 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. 14. 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 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. 15. 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. 16. 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. lRemainder of page intentionally blank.] 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" Steel Warehouse Company,LLC City of South Bend,Indiana By: G,J/ F By: Gerald F.Lerman Sharon McBride Vice President President, South Bend Common Council Approved as to Legal Adequacy and Form this By: day of 2023.Troy Warner Chairperson,Community Investment Committee Counsel, South Bend Common Council By: Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 5 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution No. 5074-24, the property owner is qualified for and is granted a personal property tax abatement for a period of five(5)years as shown by the schedule outlined below. Year 1 - 100% Year 2-90% Year 3 -80% Year 4-70% Year 5 -60% 6 Ct CITY OF SOUTH BEND t COMMUNITY INVESTMENT 1 rst,. April 17, 2024 Filed in Clerk's Office Council Member Troy Warner APR 1 1 2024Chairperson, Community Investment Committee South Bend Common Council Bianca Tirado County-City Building, 4ch Floor City Clerk, South Bind, IN South Bend, Indiana 46601 RE: Confirming Resolutions (2): Personal Property and Industrial Development Real Property Tax Abatement Petition for Steel Warehouse Company, LLC Dear Council Member Warner, Please find the enclosed Confirming Resolutions and Memoranda of Agreement for a personal property tax abatement and an industrial development real property tax abatement, respectively, for Steel Warehouse Company, LLC, an Indiana Limited Liability Company. The petitioner plans to construct a new building at 2803 and 2920 Tucker Drive on Steel Warehouse's Tucker Drive campus to facilitate the installation of a new leveling line and materials handling equipment. This new line will require the construction of a 30,852 square foot building to house the equipment. The company's headquarters are located at 2722 Tucker Drive, and this address is commonly used to describe the entire campus. The total investment for this project is projected to exceed $14 million. The project meets the qualifications for a five-year(5) personal property tax abatement and a six-year(6) industrial development real property tax abatement. A representative from Steel Warehouse Company, LLC, will be available to meet with the Committee on Monday, April 22, 2024. Should you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, r 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 www.southbendin.gov Bill No. 24-15 Filed in Clerk's Office APR 1 7 2024 BILL NO. 24-15 RESOLUTION NO. 5078-24 Bianca Tirado 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 2803 Tucker Drive, South Bend, Indiana 46619 AND 2920 Tucker Drive, South Bend, Indiana 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR Steel Warehouse Company, 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: requesting that the area described as: Key Number: 71-08-15-151-002.000-026 Local Parcel Number: 018-8075-284403 Commonly Known As: 2803 Tucker Drive Legal Description: 535 Ft E& W X 324.25 Ft N& S Beg 260 Ft S Of N E Cor S WNW Sec 15-37-2e & S 1/2 Vac Tucker Dr N&Adj Cont 4.228 Ac +- Key Number: 71-08-15-151-003.000-026 Local Parcel Number: 018-8075-284406 Commonly Known As: 2920 Tucker Drive Legal Description: Beg 580.64 Ft So Ne Cor Sw1/4 Nw1/4 Sec 15-37- 2e Also 79.3'E& W By 172'N& S Sw Cor Sw1/4 Nw1/4 Cont 5.112 Ac +- & S 1/2 Vac Tucker St N& Adj 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 and owners of the area are common entities; and WHEREAS, the area commonly known as 2803 Tucker Drive and 2920 Tucker Drive is part of the Steel Warehouse campus, which also includes the company's headquarters at 2722 Tucker Drive; 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 industrial 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 six (6) 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% Year 6 - 50% 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 APR 1 7 2024 Bianca Tirado City Clerk, South Bond, IN MEMORANDUM OF AGREEMENT INDUSTRIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of April 11, 2024, serves as confirmation of a commitment by Steel Warehouse Company, LLC (the "Applicant"), pending an April 22,2024,public hearing,to comply with the project description,job creation and retention(and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement,the property is located at 2803-2920 Tucker Drive, South Bend, Indiana 46619,and has Key Numbers 71-08-15-151-002.000-026 and 71-08-15-151-003.000-026. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the address or Key Number of the property receiving the 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 property subject to the 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 Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana, (the "City") commits to provide a six-year (6) industrial development 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 Three Million Five Hundred Thousand dollars ($3,500,000.00) for the construction of a new structure totaling approximately Thirty Thousand Eight Hundred(30,800)square feet at property identified in Section 1 of this Agreement; b)creating at least eleven(11)permanent full-time jobs with a total estimated annual payroll of at least Five Hundred Sixty Six Thousand One Hundred Thirty Four dollars($566,134.00); and c)acting in good faith to complete the project as described in its Application. 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&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 1 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 Economic Revitalization 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 shall: (a)be delinquent or in default with respect to any tax payment in St.Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization 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. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization 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 2 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. 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. 10. 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. 11. 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. 12. 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. 12. 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: 3 If to Applicant: Steel Warehouse Company,LLC 2722 Tucker Drive South Bend,Indiana 46619 Attn: Gerald Lerman,Vice President 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 13. 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 project which is the subject of this Agreement. 14. 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 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. 15. 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. 16. 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.] 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" Steel Warehouse Company,LLC City of South Bend,Indiana By: By: Gerald F.Lerman Sharon McBride Vice President President, South Bend Common Council Approved as to Legal Adequacy and Form this By: day of 2023.Troy Warner Chairperson,Community Investment Committee Counsel, South Bend Common Council By: Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 5 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution No. 5075-24, the property owner is qualified for and is granted an industrial development real property tax abatement for a period of six(6)years as shown by the schedule outlined below. Year 1 - 100% Year 2-90% Year 3 -80% Year 4-70% Year 5 -60% Year 6-50% 6