4655-17 Waiving Noncompliance Waiver for Vida Realty, LLC

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revitalization area. The Company continues to improve the project and the parcel to additional improvements; L. All other required documentation has been filed by the Company by the required dates; and. WHEREAS, due to the inadvertent lack of activity by the Company, unabated taxes were assessed against the property and outstanding billings are owed; and WHEREAS,the Company has been advised that its current liability for real property taxes is approximately Twenty Thousand Eight Hundred Twenty-seven Dollars ($20,827.00); 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 Section 11.3 of the Act; and 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 specifically finds that petitioner has presented supporting testimonial evidence of the those facts identified above and previously as "A"through"L" in support of this resolution. SECTION II. The facts as stated in the recitals,taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION III. The Common Council hereby reaffirms that the two-year tax abatement previously granted to Vida Realty, LLC in Resolution No. 4350-14 remains in effect, and it further waives the filing deadline of Form 322NBD and Form CF-INBD within thirty (30) days of September 14, 2015 and September 14, 2016, for both years(2015 and 2016) and pursuant to Section 4.8 of the Act and Section 11.3 of the Act, adopts this resolution that authorizes acceptance. 3