Waiving Tax Abatement - 6819 Stewart Drive - Kendall Weiss, LLP

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RESOLUTION NO. 3 T ~~~ ~ I A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 6819 STEWART DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5 YEAR REAL PROPERTY TAX ABATEMENT FOR KENDALL WEISS, L.L.P. WHEREAS, Kendall Weiss, L.L.P., an Indiana limited liability partnership (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 statement of benefits with the South Bend City Clerk on October 3, 2007 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 6819 Stewart Drive, South Bend, Indiana, being more specifically Lot 409 in Lafayette Falls, Phase III, Section One (Instrument Number 0728461) and which has a parcel key number of 23-1002-0023.71, (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12-1 et seg•, and South Bend Municipal Code sections 2-76 et seq.; and WHEREAS, the Petitioner obtained building Permit No. 109523 on August 6, 2007 and began redevelopment of the Property as defined by Indiana Code section 6-1.1- 12.1-1 (5)) on August 6, 2007; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted declaratory and confirming resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent compelling reasons and circumstances where a petitioner initiated such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that circumstances existed where the Petitioner inadvertently obtained the above described building permit and initiated redevelopment of the Property before the Common Council has adopted declaratory and confirming resolutions, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: