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BILL NO. 18-07
<br /> RESOLUTION NO. 4700-18
<br /> A RESOLUTION OF THE CITY OF SOUTH BEND
<br /> WAIVING PETITIONER, THE LASALLE APARTMENTS, LLC NON-COMPLIANCE
<br /> WITH IND. CODE §6-1.1-12.1.6 ET SEQ.
<br /> WHEREAS,The LaSalle Apartments,LLC is the owner of real property in the City of South Bend
<br /> commonly called The LaSalle Apartments, South Bend, Indiana, on which The LaSalle
<br /> Apartments, LLC has remodeled a nine story building formerly known as The LaSalle Hotel,
<br /> which has been re-purposed as apartments and commercial space.
<br /> WHEREAS, in conjunction with The LaSalle Apartments, LLC's development of the former
<br /> LaSalle Hotel, the City of South Bend granted The LaSalle Apartments, LLC a ten-year tax
<br /> abatement which remains in effect and was codified as Resolution 4417-15, and
<br /> WHEREAS, it has come to the City of South Bend's attention that The LaSalle Apartments, LLC
<br /> failed to timely file an abatement deduction application with the St.Joseph County Auditor for the
<br /> following tax periods: Tax Year 2017 (Pay 2018), and, as a result, The LaSalle Apartments, LLC
<br /> may lose the benefit of the ten-year tax abatement for following: Tax Year 2017 (Pay 2018), 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 The LaSalle Apartments, LLC's failure to comply with Indiana's tax abatement
<br /> laws and,specifically,the authority to waive The LaSalle Apartments,LLC's failure to file a timely
<br /> or complete abatement deduction application with the county auditor, and
<br /> WHEREAS,the City of South Bend accepts that The LaSalle Apartments,LLC's failure to timely
<br /> file its abatement deduction application was an excusable mistake which resulted through
<br /> inadvertent over-sights, acknowledges that The LaSalle Apartments, LLC filed a deduction
<br /> application promptly after learning of its mistake, and accepts that The LaSalle Apartments, LLC
<br /> is taking steps to avoid this problem 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 The LaSalle Apartments, LLC's request for a waiver of non-compliance at a duly-
<br /> called and public meeting of the Council,
<br /> NOW,THEREFORE,IT IS HEREBY RESOLVED BY THE CITY OF SOUTH BEND,
<br /> INDIANA,THAT:
<br /> SECTION 1. Acting pursuant to the authority granted to it by I.C. § 6-1.1.42.1-11.3 the City of
<br /> South Bend hereby waives The LaSalle Apartments, LLC's failure to comply with Indiana's
<br /> abatement laws and, specifically, waives The LaSalle Apartments, LLC's failure to file a timely
<br /> or complete abatement deduction application with the county auditor for the following: Tax Year
<br /> 2016 (Pay 2017).
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