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assessment date of the Property. <br /> SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude <br /> that the Taxpayer has substantially fulfilled its projected plans to purchase, and place in service, <br /> and conduct operations at the Property contemplated as part of the 2018 Resolution (the <br /> "Deduction") and that its belated filing of an application required to claim the benefits of the <br /> Deduction as of for taxes due and payable in 2021 was inadvertent. <br /> SECTION 3. The Common Council hereby waives all matters of noncompliance that may <br /> be waived under State and local law regarding the late filing of applicable deduction applications <br /> in order for the Taxpayer to claim and receive the benefit of the Deduction on its investment <br /> contemplated as part of the 2018 Resolution as of the January 1, 2020 assessment date, all as is <br /> permitted under IND. CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all <br /> nonconformities relating to the requirement, under IND. CODE § 6-1.1-12.1-5 that economic <br /> revitalization area deduction applications be timely filed with the county auditor to claim property <br /> tax deductions for the 2020-Pay-2021 tax year). <br /> SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies <br /> and reaffirms: (a)the 2018 Resolution; (b)the tax deduction application and statements of benefits <br /> of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of <br /> the City of South Bend are authorized to take all such further acts and execute and deliver all such <br /> further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary <br /> to give effect to this Resolution, all without further application to or formal action by the Common <br /> Council. <br /> SECTION 5. This Resolution shall be in full force and effect from and after its passage <br /> and approval by the Mayor. <br /> PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, <br /> this day of , 2022. <br /> 9\001( 4 .M c-33/44c14, <br /> Sharon McBride, Council President <br /> South Bend Common Council <br /> Attest: <br /> C/C5Dq • 04bei) <br /> D wn M. Jones, MPA, City Clerk <br /> Office of the City Clerk <br /> Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of <br /> South Bend, Indiana on the (RI day of `17,ejar , 2022, at q:3) o'clock <br /> k_. m. <br /> 4211417L- /1 - <br /> Dawn M. Jones, MPA, City Clerk <br /> Office of the City Clerk <br /> Approved and signed by me on the Zr day of Mhi , 2022, at 3 o'clock <br /> f.m. <br /> filik.. .- <br /> ji. <br /> JameMueller, Mayor <br /> City of South Bend, Indiana <br /> 2 <br />