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Home My WebLink About5087-24 Declaratory Resolution - Real Property Tax Abatement 711-713 Leland AvenueUnited States of America CV 3' X - FILED AUG 0 2024 AUDITOR ,ST. JOSEPH COUNTY Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: -RECEIVED- AUG 0 1 2024 Si JOSEPH COUNTY ASSESSOR 2024-17662 RECORDED AS PRESENTED ON 08/01/2024 02:57 PM MARY BETH WISNIEWSKI ST. JOSEPH COUNTY RECORDER PBS: 5 FEES: 25.00 I, Bianca L. Tirado, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of RESOLUTION NO. 5087-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 711- 713 LELAND AVENUE, SOUTH BEND, INDIANA 46616 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX -YEAR (6) REAL PROPERTY TAX ABATEMENT FOR CASPERS-SHUTTS FAMILY TRUST ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, JULY, 22, 2024 PRESENTED TO APPROVED AND SIGNED BY MAYOR JAMES MUELLER, JULt 31, 2024 ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: BIANCA L. TIRADO, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of South Bend, St. Joseph County, Indiana, this is+ "- day of AulLtSF 20 Zvi Bianca L. Tirado Clerk of the City of South Bend St. Joseph County, Indiana By: Deputy RESOLUTION No. 5087-24 Passed by the Common Council of the City of South Bend, Indiana July 22, Attest: Attest: 11~- 4. y,,,,,,a3 Bianca L. Tirado 110,, ri t`i/u161, 24 20 . City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana 57411 23, Bianca L. Tirado GI du4,irio Approved and signed by me 20 24 4) il J7 )411---- City Clerk 20 1y . Mayor BILL NO. 24-24 RESOLUTION NO. 5087-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 711-713 Leland Avenue, South Bend, Indiana 46616 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX -YEAR (6) REAL PROPERTY TAX ABATEMENT FOR Caspers-Shutts Family Trust WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area described as: Key Number: 71-08-02-430-019.000-026 Local Parcel Number: 018-1057-2416 Commonly Known As: 711 Leland Avenue Legal Description: Lot 6 Agricultural Society Add be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, the property being considered for designation as an Economic Revitalization Area and described above is owned by a trust whose grantors are the owners and officers of Style Inc., a domestic for -profit corporation registered in the State of Indiana; and WHEREAS, Style Inc. owns and operates a restaurant named immediately east of the property being considered for designation as an Economic Revitalization Area; and WHEREAS, the petitioner desires to convert an existing building and develop new improvements on the property under consideration for designation as an Economic Revitalization Area with the intent of transforming the parcel into a mixed -use property that will include a new restaurant and residential units; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the Key Numbers and legal descriptions to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, is sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating the area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall expire on December 31, 2027. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for 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. Year 1 - 100% Year 2-95% Year 3 - 90% Year4-80% Year 5 - 70% Year 6 - 60% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Cala/tat- 1 Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, CI Jerk 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. fm. Bianca Tirado, Clerk Office of the City Clerk Sf' Approved and signed by me on the 3I day of LI/ Jai es Mueller, Mayor Ci of South Bend , 2024, at 3 o'clock STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R7 i 1-21) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): El Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ❑ Residentially distressed area (IC 6-1.1-12.1-4.1) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction, a Form 322/RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 2024 PAY 2025 FORM SB-1 / Real Property PRIVACY NOTICE Any information concerning the cost of the property and specific salaries paid to individual employees by the property owner is confidential per IC 6-1.1-12.1-5.1. SECTION 1 TAXPAYER INFORMATION Name of taxpayer Caspers-Shutts Family Trust Address of taxpayer Number and Street: 1221 Campeau Street City South Bend State. IN Z11'. 46617 Name of contact person Telephone number l irot Name. Amanda last N.," te_ Shutts (858) 210-2296 E-mail address acrowne@gmail.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Common Council of the City of South Bend Resolution number 50$1- 24 Location of property Number and Street City State ZIP 711-713 Leland Avenue South Bend IN 46616 County St. Joseph DLGF taxing district number 026 (South Bend -Portage) Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Complete rehabilitation of the property including: 1. Rehab existing building and convert to a mixed -use structure providing residential units and commercial space. 2. Construct a new structure on the property that will include both residential units and other space for residential and commercial purposes Estimated start date (month, day. year) 3/1/2025 Estimated completion date (month, day, year) 3/1/2027 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number 0 Salaries Si 0 Number Retained 0 Salaries $ 0 Number Additional 6 Salaries $ 180,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values $ 0 $ 83,800 Plus estimated values of proposed project $ 450,000 $ 270,000 Less values of any property being replaced $ 0 $ 0 Net estimated values upon completion of project $ 450,000 $ 353,800 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds) 0 Estimated hazardous waste converted (pounds) 0 Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authoriz representative Date signed (month, day, year) 7/17/2024 Printed name of authorized representative andrew caspers Title owner Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed expires is I2/3 1 /2027 . NOTE: This question addresses or to be adopted by this body. Said N/A calendar years` (see below). resolution, passed or to be passed The date this designation date for the designated area. whether the resolution contains an expiration to: 11 Yes ■ No IN Yes 1.1 No B. The type of deduction that is allowed in the designated area is limited 1. Redevelopment or rehabilitation of real estate improvements 2. Residentially distressed areas N/A C. The amount of the deduction applicable is limited to $ N/A D. Other limitations or conditions (specify) E. Number of years allowed: ■ Year 1 • Year 2 Ei Year 3 • Year 4 ■ Year 5 (` see below) 1.1 Year 6 0 Year 7 • Year 8 ■ Year 9 D Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? ►i/ Yes ■No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Ap ve (signature and title of uthorize4 member of designating body) �°y`_ ! ( Telephone number (S1td) Z35-9321 Date signed (month, day, year) 07-23-Zo2H Print d n e of authorized me ber.pf designating body Sk k r p a ei tide Name of designating body Common Council of the City of South Bend, Indiana Attested by (signature d ' e of attester) - Dcp41 Goy Clerk. Printed name of attester Me4414e,—, Neal ` If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1, 2013, the deductions established in IC 6-1.1-12.1-4.1 remain in effect. The deduction period may not exceed five (5) years. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-18, the deduction period may not exceed ten (10) years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayer's investment in real and personal property. (2) The number of new full-time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC 6-1.1-12.1-18, an abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayers statement of benefits. Page 2 of 2