HomeMy WebLinkAboutWaiver of Non-Complaince for Run-Faster-Run LLCAttes
RESOLUTION
No. 4571 -16
Passed by the Common Council of the City of South Bend, Indiana
May 23, 20 16
. May 24, 20 16
City Clerk
ident of Common Council
Approved and signed by me Q as 20 & .
City Clerk
Mw U.
RESOLUTION NO. 416q I''Ut
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%
3
75%
4
63%
5
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
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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 (30) 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 1. 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)
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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 (30) 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 i
adoption by the Common Council and approval by t
Attest:
K eemah Fowler, ity Clerk
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Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana
on the a4A day of AAft , 2016, at 9'. Ob o'clock A .m.
Approved and signed by me on the
2016, at 3 o 'clock JQ _. m.
Pete Butti
Mayor of the City of South Bend, Indiana
mesmmi5' 12,� /I U
NOT AMUR
US.106317781.01
Oar emah Fowler, City Clerk
day of Q ,
Filed in Clerk's Office
M f',,4 js s
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I S �tflta 1 WLER
CITY CLERK, SOUTH REND, IN