06-08-09 Common Council Meeting Agenda & Packet

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H. The Petitioner acknowledges and respects the long-standing policy of the Common Council to require that the economic revitalization Declaratory Resolution be adopted by the Common Council before a building pernlit is obtained and before redevelopment begins. I. At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated with all requests of the Common Council and the South Bend Department of Community Development, and has made every effort to comply, to the best of its ability, with the requirements of law and the policies of the Common Council. Because of the unusual and adverse circumstances described herein, the Petitioner was unable to complete the sale of Lot # 77 according to schedule and it was unable to obtain a new tax abatement for the Lot following the City of South Bend's standard procedures. . SECTION II: The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to the redevelopment of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. SECTION III: The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION IV: This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council