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m <br />McCORMICK & COMPANY INC. 18 LDVETON CIRCLE, SPARKS. MD 21152- 6000 USA /TEL (410) 771 -7301 FAX 1410) 771 -7462 <br />August 19, 2013 <br />To Whom It May Concern': <br />McCormick and Company, Inc. (McCormick) respectfully requests that the Common <br />Council of South Bend consider a "Waiver of Non Compliance" for the non - filing of <br />Form RE 322 for a real estate tax abatement related to Resolution #4077 -11. We are <br />requesting this waiver because we were not aware of the need to file Form RE 322 and <br />had we known we were supposed to file Form RE 322, we would have filed the form in a <br />timely manner. <br />McCormick did receive a letter form Bob Mathias dated August 3, 2010 related to <br />Resolutions No. 4038 -10 and 4039 -10 stating that a number of forms including the RE <br />322 would need to be filed pertaining to these Resolutions. Soon after these approvals <br />McCormick began to consider expanding the project to be a much larger undertaking. <br />McCormick later submitted new paperwork for the expanded project which then went <br />before the Common Council January 24, 2011. This paperwork generated a new file and <br />new Resolution numbers. The approvals related to the earlier projects (Resolutions No. <br />4038 -10 and 4039 -10) were disregarded at that time. New Resolution numbers were <br />issued in February of 2011, 6 months after the earlier project approvals. There was no <br />additional letter that McCormick received related to the updated Resolutions. For <br />McCormick's filing purposes, the letter that was received from Bob Mathias back in <br />August of 2010 was filed with the paperwork related to the prior resolutions and was not <br />included with the file that included the new Resolution #4077 -11 that we are discussing <br />here. <br />Additionally, it has come to our attention that the City issued an incorrect resolution <br />number at that time and the Resolution we received was Resolution #4077 -10 which we <br />have now learned should have been Resolution #4077 -11. Below is a description of the <br />Project referred to in this request: <br />Pro'ect Summaa of Resolution 4077 -11 <br />In February 2011, McCormick applied for a real property tax abatement based on our <br />consideration of South Bend for a possible expansion. The Common Council approved <br />an eight (8) year tax abatement for McCormick for a 75,000 square foot expansion to our <br />manufacturing facility located at 3425 West Lathrop Drive in South Bend. The estimated <br />investment in the facility at that time was $5,894,948 and McCormick committed to <br />creating five (5) new, permanent full time jobs with an estimated annual payroll of <br />approximately $177,240. McCormick also promised to retain the one hundred twenty <br />