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5047-23 Confirming Resolution for Property at 1901 N. Bendix Dr. 5 Yr. Personal Property Tax Abatement
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5047-23 Confirming Resolution for Property at 1901 N. Bendix Dr. 5 Yr. Personal Property Tax Abatement
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8/14/2023 12:07:19 PM
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8/1/2023 2:13:40 PM
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City Council - City Clerk
City Counci - Date
7/24/2023
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Applicant's failure to substantially comply with the Commitments was not due to factors beyond its <br /> reasonable control, as described in Section 4 below. <br /> 4. Factors Beyond Control. As used in this Agreement, factors beyond the control of the <br /> Applicant shall only include factors not reasonably foreseeable at the time of designation application <br /> and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, <br /> and which materially and adversely affect the ability of the Applicant to substantially comply with this <br /> Agreement. Applicant has the burden to communicate to the City any such factors in which it believes <br /> is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement <br /> benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant <br /> under this Section 4 to the fullest extent possible and may deny Applicant's request upon the <br /> completion of the City's investigation. <br /> 5. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the <br /> Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, <br /> Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce <br /> the cessation of operations at such facility, then the City may immediately terminate the Economic <br /> Revitalization Area designation and associated tax abatement deductions, and upon such termination, <br /> require Applicant to repay all of the tax abatement savings received through the date of such <br /> termination. <br /> 6. Notice/Hearing of Termination. In the event that the City determines that the Economic <br /> Revitalization Area designation and associated tax abatement deductions should be terminated or that <br /> all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such <br /> determination, including a written statement calculating the amount due from the Applicant, and will <br /> provide the Applicant with an opportunity to meet with the City's designated representatives to show <br /> cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall <br /> state the names of the person with whom the Applicant may meet and will provide that the Applicant <br /> shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its <br /> evidence concerning why the abatement termination and/or tax savings repayment should not occur. <br /> If, after giving such notice and receiving such evidence, if any, the City determines that the abatement <br /> termination and/or the tax repayment action is proper, the Applicant shall be provided with written <br /> notice and a hearing before the SBCC before any final action shall be taken terminating the abatement <br /> and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination <br /> to a St. Joseph County Superior or Circuit Court. <br /> 7. Repayment. In the event the City requires repayment of the tax abatement savings as provided <br /> hereunder, it shall provide Applicant with a written statement calculating the amount due (the <br /> "Statement"), and Applicant shall make such repayment to the City within one hundred twenty (120) <br /> days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be <br /> entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and <br /> the collection of the tax abatement savings required to be repaid hereunder. <br /> 8. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit <br /> A contain the entire understanding between the City and the Applicant with respect to the subject <br /> matter hereof, and supersede all prior and contemporaneous agreements and understandings, <br /> 2 <br />
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