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227 W. JEFFERSON BOULEVARD <br />SUITE 1400 S. <br />SOUTH BEND, IN 46601 -1830 <br />May 17, 2016 <br />CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR <br />COMMUNITY INVESTMENT <br />Council Member Gavin Ferlic, Chairperson <br />Community Investment Committee <br />South Bend Common Council <br />4th Floor, County City Building <br />South Bend, IN 46601 <br />RE: Submission of Resolution Approving Waiver of <br />Tax Abatement <br />Dear Council Member Ferlic, <br />PHONE: 574/235 -9371 <br />FAx:574/235 -9021 <br />Filed in Clerk's Office <br />MAY 17 2016 <br />BEND, IN <br />Attached please find a proposed form of resolution approving a waiver of noncompliance, <br />pursuant to Indiana Code 36 -1.1- 12.1 -11.3, for Run- Faster -Run LLC (the "Company "), a <br />wholly owned subsidiary of Swing- Batter - Swing, LLC. The South Bend Common Council <br />(the "Common Council ") adopted its Confirming Resolution 4387 -14 confirming the <br />designation of a certain area in the City of South Bend, Indiana as an Economic <br />Revitalization Area for the purposes of granting an eight (8) year tax abatement for real <br />property in conjunction with the construction of an indoor hitting and performance center <br />and observation deck by the Company. The St. Joseph County Assessor's Office distributed <br />a Notice of Assessment on September 14, 2015; however, the Company has represented <br />that it did not receive the Notice of Assessment. Consequently, the Form 322/RE and Form <br />CF -1 were not filed within thirty (3 0) days of the issuance of the Notice of Assessment by <br />the Assessor's Office. The Company subsequently filed its Form 322/RE and Form CF -1 <br />within thirty (30) days of receipt of the Spring 2016 Tax Bill dated April 5, 2016, <br />whereupon the Company discovered it had not received the Notice of Assessment <br />distributed in September, 2015. The Company is requesting that the Common Council <br />waive noncompliance with the filing deadline for the Form 322/RE and Form CF -1 of thirty <br />(30) days from the issuance date of the Notice of Assessment. <br />We ask that the attached resolution be referred to the Community Investment Committee <br />for an advisory recommendation and then heard at the Common Council meeting to be held <br />on May 23, 2016. Mr. Joe Hart, President of the South Bend Cubs, will be presenting at the <br />meetings. Should you require additional information, please let me know. <br />Sincerely, <br />Aaron Kobb <br />Director of Economic Resources <br />PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES <br />PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB <br />