26-12 Confirming Resolution - Real Property Tax Abatement for Wharf Partners LLC (Substitute)

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condominium unit to a third party, such unit shall no longer be eligible for, nor receive the benefit of, any real property tax abatement under this Agreement for the assessment year and corresponding tax year in which such sale,conveyance,transfer,lease,or rental occurs,regardless of the date within such year on which the transaction occurs, and from and after any subsequent assessment years and tax years thereafter. The Applicant shall be responsible for notifying the Department of Community Investment and the Office of the Auditor of St. Joseph County within thirty (30) days of any change in ownership or occupancy status of any residential condominium unit that may affect eligibility for the abatement. The Applicant acknowledges that failure to provide such notice may constitute noncompliance with the commitments of this Agreement and termination of the Economic Revitalization Area designation and associated property tax abatement deductions as contemplated in Section 5. 4. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2,Article 6,of the South Bend Municipal Code,entitled"Tax Abatement Procedures,"and all governing provisions of the Indiana Code. During the term of this abatement, the City may annually request information from the Applicant concerning the nature of the Project,the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits and overtime)associated with the positions,and the Applicant shall provide the City with adequate written evidence thereof within fifteen(15)days of such request(the"Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20) days following any such request.Notwithstanding anything herein to the contrary,the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 5. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 and 3 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 6 below. 6. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the 2