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y: <br /> RESOLUTION NO. 4 lX Lf q <br /> A RESOLUTION OF THE CITY OF SOUTH BEND <br /> WAIVING PETITIONER, HOFFMAN HOTEL APARTMENTS <br /> HOUSING PARTNERS, L.P.NON-COMPLIANCE <br /> WITH IND. CODE §6-1.1-12.1.6 ET M . <br /> WHEREAS,Hoffman Hotel Apartments Housing Partners,L.P.is the owner of real property <br /> in the City of South Bend commonly called 120 W. LaSalle Ave., South Bend, Indiana, on which <br /> Hoffman Hotel Apartments Housing Partners,L.P.,has remodeled a twelve story building formerly <br /> known as Hoffman Hotel, which has been re-purposed as artist housing, and <br /> WHEREAS, in conjunction with Hoffman Hotel Apartments Housing Partners, L.P. <br /> development of the Hoffman Hotel, on September 24, 2013, the City of South Bend granted <br /> Hoffman Hotel Apartments Housing Partners,L.P.a ten-year tax abatement which remains in effect <br /> and was codified as Resolution 4286-13, and <br /> WHEREAS,it has come the City of South Bend's attention that Hoffman Hotel Apartments <br /> Housing Partners,L.P. failed to timely file an abatement deduction application with the St. Joseph <br /> County Auditor for the following tax periods: Tax Year 2016(Pay 2017),and,as a result,Hoffman <br /> Hotel Apartments Housing Partners, L.P. may lose the benefit of the ten-year tax abatement for <br /> following: Tax Year 2016 (Pay 2017), and <br /> WHEREAS,pursuant to Ind. Code§ 6-1.1-12.1-11.3 (2017),the City of South Bend has the <br /> authority to waive Hoffman Hotel Apartments Housing Partners, L.P.'s failure to comply with <br /> Indiana's tax abatement laws and, specifically, the authority to waive Hoffman Hotel Apartments <br /> Housing Partners,L.P.'s failure to file a timely or complete abatement deduction application with <br /> the county auditor, and <br /> WHEREAS, the City of South Bend accepts that Hoffinan Hotel Apartments Housing <br /> Partners,L.P.'s failure to timely file its abatement deduction application was an excusable mistake <br /> which resulted through inadvertent over-sights, acknowledges that Hoffman Hotel Apartments <br /> Housing Partners, L.P. filed a deduction application promptly after learning of its mistake, and <br /> accepts that Hoffmann Hotel Apartments Housing Partners,L.P.is taking steps to avoid this problem <br /> in the future, and <br /> WHEREAS, pursuant to I.C. § 6-1.1-12.1-11.3(c), the City of South Bend has heard and <br /> considered Hoffinan Hotel Apartments Housing Partners, L.P.'s request for a waiver of non- <br /> compliance at a duty-called and public meeting of the Council, <br />