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HomeMy WebLinkAboutConfirming Tax Abatement - 1840 N. Commerce Drive - Stanz Foodservice, Inc.Attest: RESOLUTION Passed by the Common Council of the City of South Bend, Indiana August 25, 08 20 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 26, 20 08 Approved and signed by me u a U s t 2 7, 20 08 City Clerk M RESOLUTION NO. 339',0-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1840 N. COMMERCE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1840 N. Commerce Drive, South Bend, and which is more particularly described as follows: PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89 °30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00 °29'21" West on and along the East line of Commerce Drive a distance of 409.85 feet: thence North 89 °30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty -eight (28), Twenty -nine (29), Thirty (3 0) and Thirty -one (3 1 ) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90 °00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00 °29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89 °30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00 °42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right -of -way line of Progress Drive and the East right -of -way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning; and which has Key Numbers 18- 2183 - 688604, 18- 2183 -6832, 18- 2183 -6834, 18 -2183- 6838, 18- 2183 -6840, 18- 2183 -6842, 18- 2183 -6844 and 18- 2183 - 688607, as an Economic Revitalization Area; 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 1. 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 is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 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, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sec.; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6- 1.1 -45 for the same property. 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. Member of the o on Council erjec r- lod In CI JUL 2 3 TO eKLc;,Ivitu � -2 S'-0Z NOT APPROVED ADOPTEd -"�" 7-2-57-"g • r a n • U M UTH BF o aQi,i�Ci /„ �o Community & Economic Development 7865 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 ♦ Phone 574/235 -9371 ♦ Fax 574/235 -9021 To: South Bend Common Council From: Bob Mathia;0/j Subject: Stanz Foodservice Petition for Personal Property Tax Abatement Date: July 17, 2008 Due to insufficient information and deadlines at the time of preparation, the report for the subject tax abatement petition did not contain the estimated amount of property tax to be abated and paid during the five -year term of the abatement. The necessary information has since been received and the estimates are provided below and in the attached tables. Total taxes to be abated during the (5) five -year abatement period are estimated at $16,119. Total taxes to be paid during the (5) five -year abatement period are estimated at $136,325 MemoToCommon Council.7.17.08 What We Do Today Makes A Difference! 5 YEAR Stanz Foodservice South Bend Portage Township Personal Property Tax Abatement Schedule* Tax Key Number Current Assessed Value: Estimated Project Cost: 17- Jul -08 Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 22,410 22,410 26,505 28,552 29,430 29,430 (3,927) 0 0 0 0 0 18,482 22,410 26,505 28,552 29,430 29,430 3.0000% 15,629 25,829 25,829 25,829 25,829 25,829 0.5477% 2,853 2,853 3,375 3,635 3,747 3,747 18,482 28,682 29,204 29,465 29,576 29,576 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 18,482 40% 56% 42% 32% 24% 18,482 Current 100% 80% 60% 40% 20% Assessed Value: AV & Tax Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Value 100% 520,970 520,970 520,970 520,970 520,970 520,970 Base Assessed Value 29,430 340,000 476,000 357,000 272,000 204,000 Less Abatement Deduction (340,000) (380,800) (214,200) (108,800) (40,800) Net Assessed Value 520,970 520,970 616,170 663,770 684,170 684,170 Property Taxes: Assume constant tax rate of 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 22,410 22,410 26,505 28,552 29,430 29,430 (3,927) 0 0 0 0 0 18,482 22,410 26,505 28,552 29,430 29,430 3.0000% 15,629 25,829 25,829 25,829 25,829 25,829 0.5477% 2,853 2,853 3,375 3,635 3,747 3,747 18,482 28,682 29,204 29,465 29,576 29,576 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 18,482 12,062 30,545 8,135 22,410 2 18,482 12,807 31,290 4,785 26,505 3 18,482 12,155 30,638 2,086 28,552 4 18,482 11,690 30,172 743 29,430 5 18,482 11,317 29,800 370 29,430 Totals 92,412 60,032 152,444 16,119 136,325 "This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. Tax Abatement Schedule prepared for: Stanz Foodservice South Bend Portage 5 Year Personal Property Abatement Schedule* Existing AV 520,970 Total estimated Equipment Cost: 850,000 Assume constant tax rate of. 4.9205% Assume constant SRTC rate of: 6.4091% #REF! TTV Assessed Gross Less Net Percent Tax Tax Year TTV% Year 1 -5 Value Tax SRTC Tax Abated Abated Paid 1 0.40 $340,000 $340,000 $16,730 $1,072 15,657 2 0.56 $476,000 $476,000 $23,422 $1,501 21,920 3 0.42 $357,000 $357,000 $17,566 $1,126 16,440 4 0.32 $272,000 $272,000 $13,384 $858 12,526 5 0.24 $204,000 $204,000 $10,038 $643 9,394 $81,139 $5,200 $75,939 Total Taxes Due During Abatement: Total Taxes Abated During Abatement Total Taxes Paid During Abatement: * - This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ulimately be determined by the actual assessed valuation and the then current tax rates. $75,939 $49,947 $25,991 100% $15,657 $0 80% $17,536 $4,384 60% $9,864 $6,576 40% $5,010 $7,516 20% $1,879 $7,516 $49,947 $25,991 Total Taxes Existing Old & New Tax Paid 23,991 23,991 23,991 28,375 23,991 30,568 23,991 31,507 23,991 31,507 $119,957 $145,948 Stanz Foodservice Comparison of Taxes Abated & Paid Before HEA 1001 & After 1001 Existing AV 520,970 New Project Cost 850,000 New Project AV 340,000 Before HEA 1001 After HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 23,991 15,657 39,649 15,657 23,991 2 23,991 21,920 45,912 17,536 28,375 3 23,991 16,440 40,432 9,864 30,568 4 23,991 12,526 36,517 5,010 31,507 5 23,991 9,394 33,386 1,879 31,507 Totals 119,957 75,939 195,896 49,947 145,948 After HEA 1001 New Combined Net Existing Project Existing Tax Tax Year Taxes Taxes & New Taxes Abated Paid 1 18,482 12,062 30,545 8,135 22,410 2 18,482 12,807 31,290 4,785 26,505 3 18,482 12,155 30,638 2,086 28,552 4 18,482 11,690 30,172 743 29,430 5 18,482 11,317 29,800 370 29,430 Totals 92,412 60,032 152,444 16,119 136,325 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 /235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR July 10, 2008 Council Member Derek D. Dieter, 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: Stanz Foodservice, Inc. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The purposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and related systems for use in Stanz's full line food service distribution business. The business is located at 1840 North Commerce Drive. The report contains the Department's findings relative to the above petition. The entire cost for the proposed project is estimated between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technology equipment. The project meets the qualifications for a (5) five -year personal property tax abatement and a representative from Stanz Foodservice will be available to meet with the Committee on Monday, July 28, 2008. 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 -5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235 -9371 FAX 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT .JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: STANZ FOODSERVICE, INC. DATE: July 10, 2008 On July 8, 2008, a petition for personal property tax abatement consideration for property located at 1840 North Commerce Drive was filed with the City Clerk by Stanz Foodservice, Incorporated. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Stanz Foodservice is a full -line, food service distribution business. Stanz uses its warehouse and distribution facility to store dry, refrigerated, and frozen goods to facilitate the transfer and delivery of such goods to customers throughout Northern Indiana and Southern Michigan. The purposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and related systems for use in Stanz's full line food service distribution business. This equipment will complement Stanz's investment in real estate improvements and its commitment to growing its distribution headquarters and business in south Bend. The entire cost for the proposed project is estimated between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technology equipment. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAX: 574/235 -9697 574/235 -9371 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C. 6- 1.1 -12. 1 -1 et sue., and South Bend Municipal Code Section 2 -84.2 et seq., for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ( "equipment ") to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. This proposed project consists of the acquisition and installation of new logistical distribution and information technology equipment, including without limitation, warehouse racking systems, fork lifts, pallet movement mechanisms, GPS monitoring and tracking systems and related systems, for use in Stanz's full line food service distribution business. This equipment will complement Stanz's investment in real estate improvements and its commitment to growing its distribution headquarters and business in South Bend. The entire cost for this proposed investment is estimated to be between $300,000 to $700,000 for logistical distribution equipment and between $50,000 and $150,000 for information technologequipment. 2. This investment complements the substantial investment Stanz is making in new real estate construction and rehabilitation at Stanz's primary warehouse and distribution facility located at 1840 N. Commerce Drive in South Bend. This project, itself, will not create additional full -time and part-time permanent jobs within the first year, but will enable Stanz to maintain 162 existing permanent full -time jobs and 9 existing permanent part -time jobs with an annual payroll of $7,251,439, including existing permanent full -time minority employment of 12 positions. 3. Estimate the cost of the Equipment: Stanz estimates that the cost of the new equipment will be between $300,000 and $700,000 for logistical distribution equipment and between $50,000 and $150,000 in information technology equipment. 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly -held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Stanz Foodservice, Inc. 1840 N. Commerce Drive Owner South Bend Indiana 46628 South Bend Common Council RE: Tax Abatement for Stanz Foodservice, Incorporated July 10, 2008 Page 2 Total taxes to be abated during the (5) five -year abatement period are estimated at $ *. Total taxes to be paid during the (5) five -year abatement period are estimated at $ *. EMPLOYMENT IMPACT Per the petition, it is estimated that the project, by itself, will not create additional full -time and part-time permanent jobs within the first year of the project, but will enable Stanz to maintain 162 existing permanent full -time jobs and 9 existing permanent part-time jobs with an annual payroll of $7,251,439, including existing permanent full -time minority employment of 12 positions. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or associated with two (2) previous tax abatements and has one pending from last year. Term/Type Resolution No. Date 7 -year real property pending 5 -year real property 3463 -05 5/23/2005 5 -year real property 1301 -85 6/24/1985 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under Section 2 -84.2, Tangible Personal Property Tax Abatement. *All of the information required to calculate the estimated amount of taxes to be abated and paid was not available in time to meet the deadline for submitting this report. The estimates will be provided at the Community and Economic Development Committee meeting on July 28, 2008. * * This petition was approved by the Redevelopment Commission by Resolution No. 2327 on April 20, 2007. The Declaratory Resolution (No. 3740 -07) was approved by the Common Council on April 23, 2007. (b) The following other persons lease, intend to lease, or have an option to buy this equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST None N/A N/A 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: Stanz is a full line food service distribution business which serves customer within a 100 -120 mile radius of South Bend. Stanz uses its warehouse and distribution facility to store dry, refrigerated and frozen goods and to facilitate the transfer and delivery of such goods to customers throughout Northern Indiana and Southern Michigan. 6. The commonly known address of the property where the Equipment is located is: 1840 N. Commerce Drive 7. The Key Number(s) of said property is: 18-2183-688604,18-2183-6832,18-2183-6834,18- 2183-6838, 18-2183-6840,18-2183-6842, 18- 2183 -6844, and 18- 2183 - 688607 Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. Please see Exhibit "A" attached hereto and made a part hereof. 9. Attach a map and /or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. Please see Exhibit `B" attached hereto and made a part hereof. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. Please see Exhibit "C" attached hereto and made a part hereof. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment $ None -2- 12. The current use of the real property where the Equipment will be installed is warehouse /distribution, and the current zoning is "LI" Light Industrial as established by the City of South Bend Zoning Ordinance. (This information may be obtained from the Building Department 235- 9553.) 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2007 $66,279.10 $31,339.00 12 0 2005 2006 $39,347.00 $147,587.52 2 2004 162 2005 $36,948.96 $130,713.80 2003 172 13 2004 $37,587.88 $133,207.23 2003 $35,391.53 $111,281.70 (This information may be obtained from the St. Joseph County Treasurer's office 235- 9531.) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent of temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part- time). Year Total Minority Employees Total 2007 168 13 Minority Minority Full -Time Part -Time ,7 2006 166 12 12 0 2005 169 10 8 2 2004 162 13 11 2 2003 172 13 13 0 15. Describe on -site child care of day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. None. 16. What is your best estimate of the market value of the new Equipment after installation? $350,000- $800,000 -3- 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Estimate calculated based on $600,000 investment Year Estimated Dollar Amount 1 $7,200 2 $8,064 3 $4,536 4 $2,304 5 $1,080 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? Stanz Foodservice. Inc. is an eaual opportunity emnlover. Emnlovment decisions are based on merit and business needs, and have not been based on race, color, citizenship status, national origin, gender, age, religion, physical or mental disability, veteran status, or any other factor protected by law. Stanz is, however, committed to continuing to follow affirmative action measures during the next five Years to attract minority candidates. Rather than rel jnng on walk -in traffic for the applicant pool, Stanz will advertise in local newspapers and increase its use of employment agencies to attract minority candidates. Continued expansion of the recruitment methods is intended to increase Stanz' applicant pool and facilitate the selection of qualified minority candidates for open positions at Stanz, including from applicants who may reside in targeted census tracts surrounding the South Bend Airport Industrial Park. 19. The Equipment has not been installed as of the date of filing of this petition. The signature at the end of this Petition is verification of this statement. 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 4244: Grocery and Related Product Wholesaler /424410 (General Line Grocery) 21, The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 424400 - Merchant Wholesale (Non- Durable Goods) /Grocery and Related Products 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: South Bend Airport Industrial Park 23. Other anticipated public financing for the project including, if any, industrial revenue - bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Q Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and the St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. None. 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: This investment in personal property complements Stanz's substantial investment in new real estate construction and rehabilitation, all of which are designed to increase Stanz's operating efficiencies as a full -line food distributor. This total project includes Stanz's effort to (a) increase the size of its warehouse and distribution facility, (b) enhance operating efficiencies through new cold /freezer warehouse technology, and (c) accommodate growth in its full line grocery warehouse and distribution business. 25. The new manufacturing equipment is logistical distribution equipment, information technology equipment and/or will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Timothy D. Hernly Richard J. Deahl Address: Barnes & Thornburg LLP 100 North Michigan, Suite 600 City, State, Zip Code: South Bend, IN 46601 Telephone: 574- 233 -1171 -5- WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owners(s): STANZ FOODSERVICE, INC. By. (� &� Mark Harman, President Dated: May 21, 2008 Filed In Cleric's Office J U L - 8 2008 JOHN VOORDE CITY CLEM, SO. HIM, IN. 9is EXHIBIT A PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89 °30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00 °29'21" West on and along the East line of Commerce Drive a distance of 409.85 feet: thence North 89 °30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty -eight (28), Twenty -nine (29), Thirty (30) and Thirty-one (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90 °00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00 °29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89 °30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00 °42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right -of -way line of Progress Drive and the East right -of -way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. -7- !la w� EXHIBIT A o A STANZ FOODSERVICE, INC. o LEGAL DESCRIPTION OF REAL PROPERTY 00 C_' a� 0c; Rco ax EXHIBIT A: LEGAL DESCRIPTION OF PROPERTY PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00 °42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89 °30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00 °29'21" West on and along the East line of Commerce Drive a distance of 409.85 feet: thence North 89 °30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty -eight (28), Twenty -nine (29), Thirty (30) and Thirty-one (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90 °00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90 °00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00 °29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89 °30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00 °42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right -of -way line of Progress Drive and the East right -of -way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning. -7- EXHIBIT B Map Output ArdMS Viewer a Page 1 of 1 Legend St. Joseph Patcels #county Parcels Etkhart#incorporated Cit"aas St. JosephMncorpotated Cities ❑ Elkhart#CviiTownships ❑ St. Joseph #Cave Townships Elkhart #County Boundary ❑St. Joseph#Counly Boundary Aerial Photography42006 Black and While IInformation shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible without the I written permission of the Michiana Area Council of Governments. $ 2ooa http: / /www.macoggis. comlarcims /ims? ServiceName= MACOGOverviewMap &ClientVersion =4.0 &Form =... 7/8/2008 Yahoo! Maps - 1840 Commerce Dr, South Bend, IN 46628 -1563 Yahoo! Maps - 1840 Commerce Dr, South Bend, 'IOC >_ocaL m3pt IN 46628 -1563 - Svuth 8etc S— laithrOp_St.; Y.a - LaihraR� ryartp Prctt'ss z VoWde Vanrde Dr , °' Dirk K n Keeler St Stec �Y"ry IV a Etw c . v , oor! _ Elwoc i a Ave � P Ave ' St J0 z <' (alhounSt K a Curtiss ; r c Or v Cy3h03?20a DataC NAVTEQ2008 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page 1 of 1 http : / /maps.yahoo.com/print ?ard =1 &v3= 0 &.intl= us & &mvt= m &tp =1 &stx= &clat= 41.698927 &cIon... 7/9/2008 EXHIBIT C f »�.�� ��\ ,q�- � «m § /�. \� � \. � \ � , � \ ƒ � < � � *� t.4 \�� �\ |�� \ d� �� , � . `� . �`� � % \ . � � }� \ \ °«z ©?° : \ �. � « r£« w \� \ \v \ ^: { � \� \. � � � p. ,. < }�/ � «z s� ° ~�^ : >� © \ S �� . {� z : . . � . © $�w �- .�� v� \: 7 � � 2 :y ��� \ \� �.<.. � j _ - §� � ����_ ? �� /° . . :w c ?z /«� \ w� . �� � 2 .� \ � \ \\ \ ~� � � � 2f }� \a/;d /�� ,.. �. \ .k .� �» .. � � * » »\ »\ }� \` ... ? \\ \� \ /�� »..y `� { \ � . � � :\\ ���`` � k ^ © 2:, . :. . . /. � � �� \ � /. \ 2 2 � .� \% \� �� �` \� : }d \ �� <�.� \� � � . \2 . w� \z \\ • � .. . i . � � © � �� �\ �``� �� \ [ �} {� � . §� 2 � � . �� � � ° � � & �� �� � ,\ - � . � . £! � .� . k 6ic V S1' k 6ic V .� ;; f�;a;� k:� t _ T ii _ e _. At il& ,. .,. kP ws� kk n• S ;, � , Y .� * �� } ,, � �'�;['., � ~L ♦ ten, f� 3 �iY Ak 4�� rsc Y , �irar' " - � W14, v BARNES &THORNBURG LLP Richard J. Deahl (574)237.1240 Email: richard.deahl ®btlaw.com Via E -Mail Ms. Janice Talboom Office of the City Clerk 227 West Jefferson Room 455 South Bend, IN 46601 RE: Stanz Realty Co., LLP /Stan Foodservice, Inc. Dear Janice: 600 1st Source Bank Center 100 North Michigan South Bend, IN 46601 -1632 U.S.A. (574) 233 -1171 Fax (574) 237 -1125 www.btlaw.com August 6, 2008 As we discussed, Stan Realty Co., LLP and Stan Foodservice, Inc. look forward to discussing and requesting the Common Council's consideration of a confirming resolution for the pending Real and Personal Property Tax Abatement Petitions. We understand that the earliest meeting for the Council to resume consideration of the Real Property Petition is August 25. In this regard, we kindly request that Stanz' Petitions for both the Real and Personal Property Abatement be placed on the agenda for the Community and Economic Development Committee and full Council meeting for Monday, August 25, 2008. Please feel welcome to let me know if we can provide you with any additional information. We appreciate your professional assistance in this matter. RJD:cmr SBDS02 RJD 377884A Chicago Elkhart Fort Wayne Very truly yours, S & THORNBURG LLP Richard J. Deahl Grand Rapids Indianapolis Filed In Clerk's Office AUG - 6 2008 JOHN VOORDE CITY CLERK, SO. BEND, IM South Bend Washington, D.C.