4971-22 A Resolution for a Waiver of Non-Compliance Regarding the Vacant Building Tax Abatement for 3602 W. Sample St. SB, IN

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inadvertent oversight leading to a belated filing or filing in the incorrect office of the Form 322/VBD "Application for Deduction from Assessed Valuation - Real Property Vacant Building Deduction" to claim the benefits of a tax deduction for the January 1, 2020, January 1, 2021 and January 1, 2022 assessment dates of the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to improve and conduct operations at the Property contemplated as part of the 2019 Resolution (the "Deduction") and that its belated/errant filing of an application required to claim the benefits of the Deduction as of for taxes due and payable in 2021, 2022 and 2023 was inadvertent. SECTION 3. The Common Council hereby waives all matters 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 the Deduction on its investment contemplated as part of the 2019 Resolution as of the January 1,2020,January 1,2021 and January 1,2022 assessment dates, all as is permitted under IND.CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under IND. CODE § 6-1.1-12.1- 5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2020-Pay-2021, 2021-Pay-2022 and the 2022-pay-2023 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a)the 2019 Resolution; (b)the tax deduction 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. A41.67, 4.peteziikd Sharon L. McBride, Council President South Bend Common Common Council Atte t: 111///7frea '&6(4/ Di - Dawn M. Jones, City Cler Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the q 6' day of , 2022, at 1/ o'clock (�. m. 401/0121) 4074,0) Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the I day of fly%f� , 2022, at 3 o'clock m. J A A James Mueller, Mayor City of South Bend, Indiana 2