Waiver Late Filing of Deduction Application for New Manufactring Equipment - Praire Apartmetns Housing Partners II, L.P. located at 2630 Prairie Avenue

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Via email and certified mail 5/17/12 Kathy Hahn Community and Economic Development City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Mrs. Hahn, Prairie Apartments Housing Partners 11. L.P. 4000 W. 106th Street, Suite 125 -146, Carmel, IN 46032 Bill Hollingsworth 317- 557 -9442 who] lingsworth (a?cqualdeveloptncnt.com As we have discussed over the last couple of weeks, Prairie Apartments Housing Partners 11, L.P, a 96 unit affordable housing apartment community received a tax abatement on November 9, 2009 with Resolution No. 4000- 09 with a unanimous City Council vote. Since that time Prairie Apartments, Phase 11 has fulfilled and exceeded all promises made to the City of South Bend. The Auditor's office states that it has not received Form 322/RE with respect to the abatement. I sent the required form into the city, but not directly to the Auditor's office. I was not advised to do anything else. i had such a positive working relationship with the City and was under the impression that the form would be delivered to the Auditor, and did not realize this was an issue until i received the tax bill, which should have been abated. I understand there was a change in personnel in this city office, and perhaps my form was overlooked. Therefore, i humbly ask for the Common Council of the City of South Bend to grant Prairie Apartments Housing Partners 11, L.P. a Waiver of Non - Compliance for this paperwork mishap. To mitigate the technical noncompliance and show consistent compliance throughout the tax abatement process. I have completed all other requirements on time or ahead of schedule and met or exceeded all financial terms, including: • 1 have filed all the other forms correctly and on time (in fact, months before the due dates) including the form CF -1 every year. • 1 promised $8,000,000 in new construction, but I delivered over $9,850,000 in the new project. 23% more project than promised. Y I promised to create 2 new position and i delivered with 2 new positions. ® I promised to retain 3 old positions and I maintained 3 old positions • All salary requirements were met and exceeded. • All employees have health benefits. • All employees are paid above the average pay rate for their classification of job. • All employees are continuously trained via internal and external training classes. ® The same ownership applied for and also received a unanimously voted upon 10 year tax abatement for Prairie Apartments Phase 1. All documents, forms, employment, and financial commitments were met or exceeded by the applicant on time. e Prairie Phase I won the 2009 Apartment Association of Indiana's award for Best Affordable Apartment Complex in Indiana. • Phase 1 & 11 remain 100% occupied with a waiting list, attesting to the quality of the project and the quality of the professional management. Phase I & Ii both remain in good financial standing with 100% of all creditors and vendors. We have never been a penny short or minute late on our obligations to others. This year's tax bill, which was to be 100% abated, is $92,362.28 for each installment, totaling $184,724.56. This unfortunately makes this paperwork mistake a severe and huge $184,724.56 problem that the property hasn't budgeted for, nor can afford. An additional effort to show that 1 am earnest and honest about our commitments; I have submitted the $92,362.28 for the May 10th payment on time. I sincerely hope that the Common Council of the