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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 improve and conduct operations <br /> at the Property contemplated as part of the 2019 Resolution (the "Deduction") and that its <br /> belated/errant filing of applications required to claim the benefits of the Deduction as of for taxes <br /> 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, 2020, and January 1, 2021, <br /> assessment dates, all as is permitted under Indiana Code § 6-1.1-12.1-11.3 (including specific <br /> waiver of any and all nonconformities relating to the requirement, under Indiana Code § 6-1.1- <br /> 12.1-5 that economic revitalization area deduction applications be timely filed with the county <br /> auditor to claim property tax deductions for the 2020-Pay-2021 and 2021-Pay-2022 tax years). <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 /> Sharon McBride, Council President <br /> South Bend Common Council <br /> Attest: <br /> Dawn M. Jones, 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 <br /> City of South Bend, Indiana, on the day of , 2023, at <br /> o'clock .m. <br /> Dawn M. Jones, City Clerk <br /> Office of the City Clerk <br /> Approved and signed by me on the day of ,2023, at o'clock <br /> .m. <br /> James Mueller, Mayor <br /> City of South Bend <br />