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Home My WebLink AboutBill 16-50 Waiver of Non-Compliance Run-Faster-Run LLC227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 May 17, 2016 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Submission of Resolution Approving Waiver of Tax Abatement Dear Council Member Ferlic, PHONE: 574/235 -9371 FAx:574/235 -9021 Filed in Clerk's Office MAY 17 2016 BEND, IN Attached please find a proposed form of resolution approving a waiver of noncompliance, pursuant to Indiana Code 36 -1.1- 12.1 -11.3, for Run- Faster -Run LLC (the "Company "), a wholly owned subsidiary of Swing- Batter - Swing, LLC. The South Bend Common Council (the "Common Council ") adopted its Confirming Resolution 4387 -14 confirming the designation of a certain area in the City of South Bend, Indiana as an Economic Revitalization Area for the purposes of granting an eight (8) year tax abatement for real property in conjunction with the construction of an indoor hitting and performance center and observation deck by the Company. The St. Joseph County Assessor's Office distributed a Notice of Assessment on September 14, 2015; however, the Company has represented that it did not receive the Notice of Assessment. Consequently, the Form 322/RE and Form CF -1 were not filed within thirty (3 0) days of the issuance of the Notice of Assessment by the Assessor's Office. The Company subsequently filed its Form 322/RE and Form CF -1 within thirty (30) days of receipt of the Spring 2016 Tax Bill dated April 5, 2016, whereupon the Company discovered it had not received the Notice of Assessment distributed in September, 2015. The Company is requesting that the Common Council waive noncompliance with the filing deadline for the Form 322/RE and Form CF -1 of thirty (30) days from the issuance date of the Notice of Assessment. We ask that the attached resolution be referred to the Community Investment Committee for an advisory recommendation and then heard at the Common Council meeting to be held on May 23, 2016. Mr. Joe Hart, President of the South Bend Cubs, will be presenting at the meetings. Should you require additional information, please let me know. Sincerely, Aaron Kobb Director of Economic Resources PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB Attachments cc: Joe Hart Kathy Cekanski Farrand Richard L. Hill Anne E. Fischesser RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A WAIVER OF NONCOMPLIANCE FOR LATE -FILED DEDUCTION APPLICATION (FORM 322/RE) AND COMPLIANCE WITH STATEMENT OF BENEFITS (FORM CF -1) BY RUN - FASTER -RUN LLC FOR CERTAIN REAL PROPERTY KNOWN AS LOT 5 OF THE COVELESKI MINOR SUBDIVISION AND LOCATED AT 525 S. LAFAYETTE BOULEVARD DESIGNATED AS AN ECONOMIC REVITALIZATION AREA UNDER RESOLUTION 4387 -14 WHEREAS, the Common Council of the City of South Bend, Indiana (the "Common Council ") at its meeting held on September 22, 2014 adopted its Confirming Resolution 4387 -14 (the "Confirming Resolution ") confirming the designation of a certain area within the City of South Bend, Indiana (the "City ") commonly known as 501 W. South Street, South Bend, Indiana (the "Real Property ") pursuant to Indiana Code 6- 1.1 -12.1 (the "Act "), as an Economic Revitalization Area for the purposes of granting an eight (8) year tax abatement for real property to Swing- Batter - Swing, LLC; and WHEREAS, the Real Property was more particularly described as follows: Pt. Lots 5 -8 & 13 -16 Blk 7 Lot 7 & Lot 15 Blk 8 Pt. Lots 31 -39 Blk 9 Lot 9 -13 Pt 14 Blk 10 Vails Sw Add & Pt Lot 68 69 -72 Martin's Add & Vac Alleys & Sts Cont. 4.834 ac +- WHEREAS, the Common Council determined that Swing- Batter - Swing, LLC qualified for and the Common Council granted a real property tax deduction for a period of eight (8) years as provided in the alternate abatement schedule pursuant to the Section 17 of the Act set forth below: Real Property Year Abatement 1 100% 2 88% 75% 4 63% 50% 6 38% 7 25% 8 13% WHEREAS, the City, as the property owner of the Real Property prior to April 7, 2015, subsequently subdivided the Real Property into separate parcels as part of the Coveleski Park Minor Subdivision on the recorded Plat of Coveleski Park Minor US.106317781.01 Subdivision, recorded February 11, 2015 as Document No. 1503430 in the Office of the Recorder of St. Joseph County, Indiana; and WHEREAS, Run - Faster -Run LLC (the "Company "), a wholly owned subsidiary of Swing- Batter - Swing, LLC, purchased Lot 5 of the Coveleski Park Minor Subdivision, more commonly known as 525 S. Lafayette Blvd., South Bend, Indiana, (the "Parcel ") from the City on April 7, 2015; and WHEREAS, the St. Joseph County Assessor's office sent a Notice of Assessment dated as of September 14, 2015 with respect to the Parcel; and WHEREAS, the Company, has represented that the Notice of Assessment was not received by the Company; and WHEREAS, an Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas (Form 322/RE) ( "Form 322/RE ") must be filed with the St. Joseph County Auditor (the "Auditor ") before May 10 in the year in which the addition to assessed valuation (or new assessment) is made, or not later than thirty (30) days after the Notice of Assessment of Land and Improvements (Form 11) (the "Notice of Assessment ") is mailed to the property owner if it is mailed after April 10; and WHEREAS, Form 322/RE requires that Form CF- 1/Real Property (Form CF -1) ( "Form CF -1 ") must be attached to the Form 322/RE; and WHEREAS, the Company subsequently received a Tax Bill dated April 5, 2016 (the "Tax Bill ") providing that the spring installment of property taxes on the Parcel was due May 10, 2016; and WHEREAS, upon receipt of the Tax Bill, the Company filed Form 322/RE and Form CF -1 with the Auditor's office within thirty (3 0) days of receipt of the Tax Bill; and WHEREAS, the Tax Bill, without the application of the abatement previously approved by the Common Council, results in a tax being due of $36,199.42; and WHEREAS, the Company has requested that the Common Council exercise its authority as the designating body to waive noncompliance by adopting a resolution pursuant to Section 11.3 of the Act; 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 evidence of the following facts in support of this resolution: A. The petitioner states that the Company was unaware that the Form 322/RE and Form CF -1 needed to be filed with the Auditor's Office within thirty (30) US.106317781.01 days of September 14, 2015 as the Company did not receive the Notice of Assessment. B. Upon receipt of the Tax Bill, the Company filed with the County Auditor within thirty (3 0) days, the Form 322/RE and Form CF -1. C. The Company exceeded the project cost stated in the original petition for tax abatement. The initial cost of the project was estimated to be $1,000,000 and the actual cost was $2,573,183.50. The project has met the employment representation stated in the original petition for tax abatement. D. The project is a positive development to this community. The Company continues to improve the project and the Parcel through an addition to the project of a patio constructed entirely with funds of the Company. E. All other required documentation has been received from the Company by the required dates. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION III. The Common Council hereby waives the filing deadline of Form 322/RE and Form CF -1 within thirty (30) days of September 14, 2015 and pursuant to Section 4.8 of the Act and Section 11.3 of the Act, adopts this resolution that authorizes acceptance. SECTION IV. 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 Common Council Attest: Kareemah Fowler, City Clerk US.106317781.01 Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock .m. Kareemah Fowler, City Clerk Approved and signed by me on the day of 2016, at o 'clock . M. "WM NOT V%O\fb ��fNZxjrrlrE :�1[�l Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in Clerk's Office MAY 17 ?016 KAREbN AH r- f �V�LER CITY CLERK, SOUTH BEND, IN