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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, improve, and conduct <br /> operations at the Property contemplated as part of the 2019 Resolution(the"Deduction") and that <br /> its belated/errant filing of an application required to claim the benefits of the Deduction as of for <br /> taxes due and payable in 2021 and 2022 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 2019 Resolution as of the January 1, 2021 and January 1, 2022 <br /> assessment dates, all as is permitted under IND.CODE § 6-1.1-12.1-11.3 (including specific waiver <br /> of any and all nonconformities relating to the requirement, under IND.CODE § 6-1.1-12.1-5 that <br /> economic revitalization area deduction applications be timely filed with the county auditor to claim <br /> property tax deductions for the 2021-Pay-2022 and the 2022-pay-2023 tax year). <br /> SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies <br /> and reaffirms: (a)the 2019 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 /> Sik4A4t <br /> l, -Mc3)14 <br /> Sharon L. McBride, Council President <br /> South Bend Common Council <br /> 2 <br />