Tax Abatement Waiving Noncompliance 7250 Vorden Pkwy Olive Cleveland Partners LLC

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Benefits and its application for tax abatement related to the construction of a new 80,000 square foot design-built warehouse/distribution in the City of South Bend at 7250 Vorden Parkway South Bend, Indiana (the "Property"), and (b) wholly inadvertent oversight and misunderstanding leading to a belated filing of the Form 322 ERA/RE "Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas" to claim the benefits of tax abatement for the March 1, 2011 assessment date on the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has fulfilled its projected plans to construct new improvements contemplated as part of the 2010 Resolution (the "Abatement") and that its belated filing of an application required to claim the benefits of the Abatement as of March 1, 2011 (for taxes due and payable in 2012) was inadvertent. SECTION 3. The Common Council hereby waives the matter of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of tax Abatement on its investment in new building improvements contemplated as part of the 2010 Resolution as of the March 1, 2011 assessment date, all as is permitted under IND. CODE § 6-1.1-12.1-11.3 (including specific waiver that the deduction application under IND. CODE § 6-1.1-12.1-5 be timely filed with the county auditor to claim property tax abatement deductions for the 2011-Pay-2012 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a) the 2010 Resolution; (b) the tax abatement application and statements of benefits of the Taxpayer; and(c)the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. \ sAN ■ I Member of the Common Council ;: LU12 PRESENTED 61.---2A4 Z" APPROVE J' �!O_T. �L 3L� p � �miem6�� OPTEt ...4