Waiving Required Filing Date & Acceptance of the Deduction Application McCormick & Company

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