Waiving Conditions Precedent to Designating Tax Abatement - Trinet Essential Facilities X Inc. 3310 William Richardson Ct. (6 Year Real Property)

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RESOLUTION NO. 331+0` A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3310 WILLIAM RICHARDSON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR TRINET ESSENTIAL FACILITIES X, INC., FOR THE BENEFIT OF: CEQUENT TOWING PRODUCTS, INC. WHEREAS, TriNet Essential Facilities X, Inc., for the benefit of: Cequent Towing Products, Inc. (the "Petitioner ") filed a petition for real property tax abatement (the "Petition ") and a Form SB- 1 statement of benefits with the South Bend City Clerk on March 17, 2004 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council "), requesting that the area commonly known as 3310 William Richardson Court, South Bend, Indiana, and which has the parcel key number 25- 1013 - 021605 (the "Property "), be designated as an economic revitalization area under the provisions of Indiana Code sections 6 -1.1- 12.1 -1 et se ., and South Bend Municipal Code sections 2 -76 et sea.; and WHEREAS, the Petitioner's contractor obtained a building permit on March 11, 2004, and began rehabilitation (as defined by Indiana Code section 6- 1.1- 12.1 -1(6)) of the Property on or about March 11, 2004; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for real property tax abatement wait until after the Common Council has adopted a declaratory resolution in accordance wit h Indiana Code section 6 -1.1- 12.1- 2.5(b), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that circumstances beyond the Petitioner's control resulted in a building permit being issued and rehabilitation of the Property commencing before the Common Council had adopted a declaratory resolution, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Petitioner has presented testimonial evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: