Tax Abatement Waiving Noncompliance 7250 Vorden Pkwy Olive Cleveland Partners LLC

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BARNES&THORNBURG LLP 600 1st Source Bank Center 100 North Michigan South Bend,IN 46601-1632 U.S.A. (574)233-1171 Fax(574)237-1125 Richard J.Deahl (574)237-1240 www.btlaw.com richard.deahl@btlaw.com September 18, 2012 VIA E-MAIL & HAND DELIVERY Mr. John Voorde City Clerk, City of South Bend 455 County-City Building 227 West Jefferson Boulevard South Bend, IN 46601-1830 RE: Olive Cleveland Partners, LLC Resolution for Waiver of Non-Compliance (Tax Abatement) Dear Mr. Voorde: Our Firm has the pleasure of representing Olive Cleveland Partners, LLC ("OCP") with certain real estate matters. On behalf of OCP, we kindly request the Common Council's consideration of the enclosed Resolution to formally waive OCP's technical non-compliance with a filing requirement to claim the benefits of certain tax abatement. More specifically, in 2010, the Common Council granted a five (5) year tax abatement on OCP's proposed investment to construct a 80,000 square foot warehouse/distribution facility on Vorden Parkway for Invacare Corp. OCP successfully completed construction of this facility, exceeded its investment target and accommodated the relocation of Invacare Corp. and expansion of its business within South Bend to this new building. This relocation of Invacare resulted in its ability to retain its business and expand its workforce in South Bend and facilitated the expansion of Patterson Logistics into Invacare's former site. These were all benefits of the proposed project which have been met by OCP. The new building was first assessed as of March 1, 2011 (for property taxes due this year). Due to a wholly inadvertent oversight regarding coordination of tax filings, OCP learned that it filed its application to claim the benefits of abatement a mere eleven (11) days after the period that such filing was due. The enclosed resolution kindly requests a waiver of this non- compliance in order to restore the tax abatement benefits to which OCP would have received had it timely filed the application. We are happy to meet with the Community and Economic Development Committee of the Council and the full Council on Monday, September 24th, or at such other date as the Council Atlanta Chicago Delaware Indiana Los Angeles Michigan Minneapolis Ohio Washington,D.C.