4654-17 Waiving Noncompliance Waiver for CBK Land Development, LLC

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WHEREAS, the Company timely remitted payment of $61,392.57 to St. Joseph County Treasurer prior to the May 10, 2017 due date for Spring Taxes; and WHEREAS, the Indiana General Assembly enacted Ind. Code § 6-1.1-12.1-11.3 as the expression of this State's policy authorizing a local designating body to waive tax abatement noncompliance events such as the untimely or erroneous filing of an application form; and WHEREAS, the Company is requesting this Common Council to exercise its authority as the designated body to waive compliance by adopting a resolution pursuant to Ind. Code § 6-1.1-12.1-11.3 to enable the Company to receive the benefit of the approved tax abatement for 2016 (Pay 2017). WHEREAS, the noncompliance event has been corrected, and, pursuant to IC 6- 1.1-12.1-11.3(c), a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The above recitals are incorporated herein by reference, and the Common Council finds that petitioner has specifically presented supporting testimonial evidence of the following facts in support of this resolution: A. The petitioner states that while the Company did file a Form CF-1/Real Property Form with the City of South Bend, the Company mistakenly and inadvertently failed to file a Form 322/RE with the Auditor's office before May 10, 2016. B. Upon receipt of the 2016 Tax Bill in April 2017, the Company filed with the County Auditor the Form 322/RE on or about May 9, 2017. 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$4,885,376.00 and the actual cost was $5,634,953.90, which sum is made up of a land acquisition cost of$484,663.38 and construction costs of$5,150,300.52. The project has met the employment representation stated in the original petition for tax abatement from when the project began operating, until the present date. 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. 3