The URL can be used to link to this page

Home My WebLink About5168-26 Designating Resolution - Real Property Tax Abatement for Wharf Partners LLC United States of America 1 ,.* - FILED - *�� MAY 0 7 2026 -RECEIVED- ' ` R MAY 0 7 2026 ST. JOSEPH OCOUNTY :, L - 1 St JOSEPH COUNTY 2026-11274 ' RECORDED AS PRESENTED ON ASSESSOR 05/07/2026 03:53 PM Certificate CANDACE S.BROWN ST,JOSEPH COUNTY RECORDER PBS:7 FEES: 25.00 STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: 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. 5168-26 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 312-318 EAST COLFAX AVENUE, SOUTH BEND, INDIANA 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR WHARF PARTNERS LLC ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APRIL, 13, 2026 PRESENTED TO APPROVED AND SIGNED BY MAYOR JAMES MUELLER, APRIIJ, 17, 2026 ATTEST: CANNETH LEE, PRESIDENT OF THE COMMON COUNCIL ATTEST: MATTHEW NEAL, DEPUTY 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 7411 day of Mott' 20 2 6 . ,ki Bianca L. Tirado • F SQUTx Clerk of the City of South Bend O ��IIst.1!'I�'•/�\\46 St. Joseph County, Indiana T..) ss:,"` ...,..1%C `E''/teaWI*: • . MAW Wt•P NC^( Deputy City Clerk • 0 \\'';4. -. ,Z9100£j6:xl 1L£Ztits:pIooj 1111111I MI III I RESOLUTION No . 5168-26 Passed by the Common Council of the City of South Bend, Indiana April 13, 20 26 /1/1Attest: City Clerk Bianca L. Tirado Attest: ‘,79President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 14, 20 26 4411,14.1".....-""j?,\A.,. . City Clerk Bianca L. Tirado Approved and signed by me AtI 1 7 20 26 k /14 Mayor 44'S0ITit Z'.,- o , "Zi"-- 44, , •sy .\ ! .,7i/0 t ~I 's\��a~1‘,i1�i �, \,, 1865 ' BILL NO. 26-11 RESOLUTION NO. 5168-26 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 312-318 East Colfax Avenue, South Bend, Indiana 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR Wharf Partners LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area described as: Key Number: 71-08-12-130-011.000-026 Local Parcel Number: 018-5001-000202 Commonly Known As: 312 E. Colfax Avenue Legal Description: Lot 1 Cascade Minor Sub 19/20 NP#546 4/12/2018 Key Number: 71-08-12-130-002.000-026 Local Parcel Number: 018-5001-000201 Commonly Known As: 318 E. Colfax Avenue Legal Description: Lot 3 Cascade Minor Sub 19/20 NP#546 4/12/2018 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 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, 2029. 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 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 100% 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. . 1 Canneth J. Lee, Council President South Bend Common Council Attest: 6i41/444-°- Bianca L. Tirado, 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 14th day of April , 2026, at 12 o'clock p.m. Bi nca L. Tirado, C' lerk Office of the City C erk Approved and signed by me on the 1744 day of A F1 , 2026, at y o'clock .m. Ja s Mueller, Mayor y of South Bend, Indiana =.A STATEMENT OF BENEFITS 2026 PAY 2027 REAL ESTATE IMPROVEMENTS �'' y FORM SB-1/Real Property I`\ State Form 51767(R8/5-25) Prescribed by the Department of Local Government Finance PRIVACY NOTICE Any information concerning the cost Zs statement is being completed for real property that qualifies under the following Indiana Code(check one box): of the property and specific salaries 4,Redevelopment or rehabilitation of real estate improvements(IC 6-1 1-12.1-4) paid to individual employees by the property owner is confidential per Residentially distressed area(IC 6-1 1-12 1-4.1) IC 6 1.1 12 1-1.1. New agncultural improvement(IC 6-1.1-12.1-4) 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 initiation of the redevelopment or rehabilitation of real properly or a new agricultural improvement for which the person wishes to claim a deduction. 2. 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 marled 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 3 A property owner who files tor the deduction must provide the county auditor and designating body with a Form CF-1/Real Property The Form Ci-- 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) 4 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. SECTION 1 TAXPAYER INFORMATION Name of Taxpayer Wharf Partners LLC Address of Taxpayer(number and street,ely,state,and ZiP code) PO Box 148 Name of Contact Person telephone Number E mail Address Frank Perri (574 ) 532-5646 fperri@earthdesignsred.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of Designating Body Resolution Number South Bend Common Council 5 tit -lb Location of Property County DLGF Taxing Distnct Number 312-318 E. Colfax Avenue, South Bend, IN 46617 St. Joseph 026 (South Bend-Portage) Description of Real Property Improvements,Redevelopment,or Rehabilitation(use additional sheets,if necessary) Estimated Start Date(month,day,year) See attached sheet. (Parcels 71-08-12-130-002.000-026; 06/01/2026 71-08-12-130-011.000-026) Estinated Completion D oni bonD (month,txyear) 06/30/2029 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES FROM PROPOSED PROJECT Current Number Salaries Number Retained Salaries Number Additional Satanes 0 $0 0 $0 15 $750,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current Values 0 $26,200 (+)Plus Estimated Values of Proposed Project $50,000,000 $30,000,000 (-)Less Values of Any Property Being Replaced 0 $26,200 Net Estimated Values Upon Completion of Project $50,000,000 $30,000,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Fshmated Solid Waste Converted(pounds) 0 Estimated Hazardous Waste Converted(pounds) 0 Other Benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this schedule are.true Signature of Authonzed Representative , � ) Date S p rl.(�nt Lyar) Pnnted Name of Authonzed Representative 1 rile Frank Perri Managing Member Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body Said resolution,passed or to be passed under IC 6-'1 1-12 1,provides for the following limitations A The designated area has been limited to a period of time not to exceed 6 calendar years'(see below) The date this designation expires is 12/31/2029 _ NO7E This question addresses whether the resolution contains an expiration date for the designated area B The type of deduction that is allowed in the designated area is limited t 1 Redevelopment or rehabilitation of real estate improvements Yes ....No 2 Residentially distressed areas Yes 7 No 3 New agncultural Improvement Yes No C The amount of the deduction is limited to$N/A D Other limitations or conditions(specify) WA E Number of years allowed ❑Year 1 ❑Year 2 ❑Year 3 ❑Year 4 ❑Year 5(`see below) ❑Year 6 ❑Year 7 ❑Year 8 ❑Year 9 El Year 10 F For e Statement of Benefits approved after a 30,2013,did this designating body adopt an abatement schedule per IC 6-1 1-12 1-17? ❑Yes ❑No If yes,attach a copy of the abatement schedule to this form If no.the designating body is required to establish an abatement schedule before the deduction can be determined We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above Approved(signature and title of airthonzed member of designating body) Telephone Number Date Sign (month,day,year) L .__..___ ( 574) Z35-93Z1 1/Z6 Pnnted Name of onzed Member of DesignDesigZ;;"Th9ctc Name of Designating Body Calnhc44. L-tc � ,f41,� (;4 oC 3e &KJri.% d;.,,.�Lbr�w..N u Attested by(signature and title of attester) PnntedA Name of Attester {1e�r.,rl�y )rt:c or of 1Tol;cy 1�/ A.4k6.,J 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. In accordance with IC 6-1 1-12 1-17,where the Form SB-1/Real Property was approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed The deduction period should be as follows A For residentially distressed areas,the deduction period may not exceed ten(10)years B For the redevelopment or rehabilitation of real property,the deduction penod may not exceed ten(10)years C. For a new agricultural improvement,the deduction period may not exceed five(5)years 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 lobs created (3)The average wage of the new employees compared to the state minimum wage (4) The infrastructure requirements for the taxpayer's investment (5)In the case of a deduction for new farm equipment or new agricultural Improvement,an agreement by the deduction applicant to predominately use the area for agricultural purposes for a period specified by the designating body (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 subsection(d)and section 18 of this chapter,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 appiuvuig the taxpayers statement of benefits (d)An abatement schedule for new farm equipment or new agncultural improvement may not exceed five(5)years Page 2 of 2