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HomeMy WebLinkAboutDesignating Tax Abatement - 5855 Carbonmill Drive - GWSB Properties, LLC Lessee: Corporate Services IncRESOLUTION 3771-07 Passed by the Common Council of the City of South Bend, Indiana August 13, 20 07 Attest: e City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 14, 20 07 Approved and signed by me A„ o„ G t ~ 5 20 ~ ~ . City Clerk RESOLUTION NO. ~ ~ ~ ~ -~~ A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5855 CARBONMILL DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC (Lessee: Corporate Services, Inc.) WHEREAS, GWSB Properties, LLC, an Indiana Limited liability company (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 Statement of Benefits with the South Bend City Clerk on June 22, 2007, for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 5855 Carbonmill Drive, South Bend, Indiana, and which has the parcel key number 25-1009-015210 (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12.1-1 et seq., and South Bend Municipal Code sections 2-76 et sea.; and WHEREAS, the Petitioner promptly submitted their petition on June 22, 2007, in anticipation of the petition being considered at the Redevelopment Commission's regularly scheduled meeting set for July 6, 2007; and WHEREAS, the Redevelopment Commission's regularly scheduled meeting of July 6, 2007, was unexpectedly canceled; and WHEREAS, the Petitioner waited for the Redevelopment Commission's next regularly scheduled meeting set for July 20, 2007; and WHEREAS, the Petitioner has a tenant, Corporate Services, Inc., leasing the Property; and WHEREAS, Corporate Services, Inc. provides services and products to clients which require environmentally controlled facilities for the production of those products and the provision of those services; and WHEREAS, Corporate Services, Inc. in anticipation of timely consideration of Petitioner's tax abatement petition committed to completion of a new heating and air conditioning system (HVAC) completely installed on the Property and ready for inspection by a client by a date specific time; and WHEREAS, the client intends to begin utilizing Corporate Services' products and services to be provided on the Property; and WHEREAS, the Redevelopment Commission did not come to a final resolution regarding the Petitioner's tax abatement petition at its July 20, 2007 meeting, Petitioner and Petitioner's tenant, Corporate Services, Inc. encountered significant time constraints to complete the installation of the HVAC system; and WHEREAS, the date specific time Corporate Services committed to was prior to the next available scheduled Common Council meeting date of August 13, 2007; and WHEREAS, the Petitioner's tenant, Corporate Services, Inc., with prior notification to the Common Council, requested Petitioner to commence work on the installation of the HVAC system before the Common Council could consider the petition; and WHEREAS, Petitioner commenced such work; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted declaratory and confirming resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent circumstances that compel a petitioner to initiate such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that urgent circumstances existed requiring the Petitioner's tenant, Corporate Services, Inc., to request that installation of the HVAC system be initiated before the Common Council had adopted declaratory and confirming resolutions, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Petitioner has presented testimonial and documentary evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: A. Petitioner submitted their petition for tax abatement well in advance of the planned work. B. The tenant of the Property is Corporate Services, Inc. whose business is the provision of services and products to clients which require environmentally controlled facilities for the production of such products and the provision of such services. C. The work was requested by Petitioner's tenant, Corporate Services, Inc. D. Full consideration of the Petitioner's tax abatement petition was delayed through no fault of the Petitioner or Corporate Services, Inc. E. As a result of the timely submission of the petition, Corporate Services, Inc. had committed to providing a finished, environmentally controlled production and storage facility for a client. F. The building Corporate Services, Inc. is occupying was vacated several months ago by a firm that closed its operations in South Bend. By moving quickly Corporate Services, Inc. created an opportunity to back fill a building that was in danger of remaining unoccupied for sometime. G. The property is located within the Airport Development Area, an area within the city that has been targeted by the Common Council for consideration of tax abatement for redevelopment and rehabilitation of industrial space, Section 2-82 of the South Bend Municipal Code. H. The Petitioner and Corporate Services, Inc. acknowledge and respect the long-standing policy of the Common Council to require that the economic revitalization area declaratory and confirming resolutions be adopted by the Common Council before a building permit is obtained and before rehabilitation begins. I. At all times throughout these proceedings, the Petitioner and Corporate Services, Inc, have acted in good faith, have promptly cooperated with all requests of the Common Council and the South Bend Department of Community and Economic Development, and have made every effort to comply, to the best of their ability, with the requirements of law and the policies of the Common Council. J. Because of the unusual and adverse circumstances described herein, the Petitioner and Corporate Services, Inc. were forced by the exigencies of the situation to proceed with rehabilitation of the Property without first receiving adoption of declaratory and confirming resolutions by the Common Council. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to rehabilitation of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. SECTION III. The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION IV. The waiver granted in this Resolution is unique to Petitioner, and it shall not be construed as a relaxation of the Common Council's general rules requiring adoption of declaratory and confirming resolutions before obtaining a building permit. 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. Member of the o on Council PRESENTED U ~ ( 3 -~ NOT APPROVED Fiied In Clerk's Cff ice AUG - 3 2001 JOHN v00RDE (CLERK, S0. BEND, IN. ADOPTED ~_~ -3 _pl TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-99 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5855 CARBONMILL DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALI7J~TION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC (LESSEE: CORPORATE SERVICES, INC) 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. Karen L. White Chairperson