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REGULAR MEETING AUGUST 25, 2008 <br /> <br /> <br /> <br />WHEREAS, the proposed site, development and use of the Property as a Certified <br />Technology Park is unique and is not specifically contemplated in South Bend Municipal <br />Code sections 2-76 et seq. (the “Municipal Code”) as an area or use which is “pre- <br />designated” for tax abatement consideration using the general standards for tax abatement <br />consideration under the Municipal Code; and <br /> <br />WHEREAS, the Common Council has authority under Municipal Code Section 2- <br />84 et seq., to declare any property within the City as an economic revitalization area, and <br /> <br />WHEREAS, Petitioner has requested that the Common Council grant a special <br />exception to consider designating the Property as an Economic Revitalization Area for <br />purposes of real and personal property tax abatement related to the development of the <br />Innovation Park. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br /> <br />SECTION I. The Petitioner has presented testimonial and documentary evidence, <br />including without limitation, the Petitions which detail the proposed investment in and <br />development of the Innovation Park, together with estimates of benefits which are <br />reasonably expected to result from the Innovation Park. <br /> <br />SECTION II. Based on information presented, the Common Council hereby makes the <br />following findings in support of this resolution: <br /> <br />A. The Petitioner and the City of South Bend have cooperated to identify the <br />Innovation Park as the site for a technology park; <br /> <br />B. Applications have been filed by the City of South Bend for the Innovation <br />Park, together with the Studebaker Industrial Park, to be designated as <br />sites comprising a Certified Technology Park under Indiana law; <br /> <br />C. The Petitioner intends that the Innovation Park will be the site of office <br />and laboratory facilities which will be used to research, develop and <br />commercialize products and solutions based on intellectual property and <br />other research; <br /> <br />D. The Studebaker Industrial Park is anticipated to serve as a satellite site for <br />facilities to accommodate business activity emerging from the <br />commercialization of research and innovations from the Innovation Park; <br />E. The Petitioner intends to construct the Innovation Park on approximately <br />12-acres of vacant property located near the campus of University of <br />Notre Dame at significant cost, and to compete for tenants who seek to <br />locate to technology parks to further research and development activities; <br /> <br />F. The construction of the Innovation Park is speculative in that Petitioner <br />must attract tenants with research and development expertise to locate <br />within the Innovation Park as opposed to other competing technology <br />parks affiliated with Universities within and outside of Indiana; <br /> <br />G. The Petitioner is committed to operating the Innovation Park in a manner <br />that will benefit the City of South Bend and surrounding areas through the <br />anticipated introduction and transfer of new technologies and systems to <br />the private sector and marketable enterprises; <br /> <br />H. The designation of the Innovation Park and Studebaker Industrial Park as <br />complimentary sites for the Certified Technology Park is intended to <br />enable emerging businesses to locate to and remain in the City of South <br />Bend; <br /> <br /> 21 <br /> <br />