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on the declaratory resolution, well before a building permit had to be obtained and <br />well before any rehabilitation activities had begun. <br />L. By the time the Petitioner learned that the Property was located within <br />the East Bank Development Area and that the rehabilitation of the Property <br />qualified for tax abatement, in late January of 2002, the rehabilitation of the <br />Property nevertheless had to be expedited to assure that the second floor tenant, <br />Konopa, Reagan & Kenyon, would have office space available no later than April <br />30, 2002, when its existing lease for other office space located within the City of <br />South Bend will expire; <br />M. At all times throughout these proceedings, the Petitioner has acted in <br />good faith, has promptly cooperated with all requests of the Common Council and <br />the South Bend Department of Community and Economic Development, and has <br />made every effort to comply, to the best of its ability, with the requirements of <br />law and the policies of the Common Council. <br />N. Because of the unusual and adverse circumstances described herein, <br />the Petitioner was forced by the exigencies of the situation to proceed with <br />rehabilitation of the Property without first receiving adoption of a declaratory <br />resolution by the Common Council. <br />SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that <br />compelling reasons exist to waive noncompliance by the Petitioner with certain conditions <br />precedent to rehabilitation of the Property, in accordance with Indiana Code section 6- 1.1 -12.1- <br />11.3. <br />SECTION III. The Common Council hereby waives such noncompliance, for the purpose of <br />permitting the Council to proceed with consideration of the Petition on its merits. <br />SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the <br />Common Council and approval by the Mayor. <br />Me ber of the Common Coi&cil <br />PRESENTEd �'?�Z 0 Z k S J U1 1a \ k kt3J <br />NOT APPROVED t D�� <br />ADOPTED `E-",oL 0.S Sl,l(oS �C-"1 <br />Filed in Clerk's Office <br />APR 1 � 2002 <br />LCREirAJ. DUDA <br />CITY CLERV, SO. SEND. IN. <br />