Approving a Waiver of Noncompliance for Noble Americas South Bend Ethanol LLC

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WHEREAS, the Company filed in April 2015 the Compliance with Statement of Benefits Personal Property ( "Form CF- 1 /PP ") with reporting_na,southbendin.gov, bzeebksouthbendin.gov and sheintze @southbendin.gov; and WHEREAS, the Company filed on May 15, 2015 with the Assessor the Business Tangible Personal Property Assessment Return (Form 103 - LONG). WHEREAS, the Company has since filed with the County Assessor the Form 103 - ERA and Form CF -l/PP for the March 1, 2015 assessment year to incorporate and detail the ERA deduction from installing new manufacturing equipment, new logistical distribution equipment, new research and development equipment and /or new technology equipment; WHEREAS, the Company's Form CF -l/PP and Form 103 -ERA for the March 1, 2015 assessment (attached as Exhibit A) was submitted after May 15, 2015; WHEREAS, the Company is requesting pursuant to Sections 9.5 and 11.3 of the Act, that the Common Council waive the requirement that the Company's Form CF -1/PP and Form 103 -ERA be submitted to the County Assessor and County Auditor by May 15, 2015 (the "Waiver "); WHEREAS, any noncompliance related to this Waiver request has been corrected prior to the adoption of this Waiver; 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 Sections 9.5 and 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 Company has presented testimonial evidence of the following facts in support of this resolution: A. The Company was unaware that the Form 103 -ERA and Form CF -1 needed to be filed with the Assessor's Office. B. All noncompliance has been rectified prior to presenting this Waiver to the Common Council. C. As detailed in the Form CF -UPP, the Company has exceeded all projections initially contemplated from this project that is the subject of the personal property abatement. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the applicable filing deadlines. US.106317781.01 I \10600916.2