Waiver of Non-Complaince for Run-Faster-Run LLC

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Subdivision, recorded February 11, 2015 as Document No. 1503430 in the Office of the Recorder of St. Joseph County, Indiana; and WHEREAS, Run - Faster -Run LLC (the "Company "), a wholly owned subsidiary of Swing- Batter - Swing, LLC, purchased Lot 5 of the Coveleski Park Minor Subdivision, more commonly known as 525 S. Lafayette Blvd., South Bend, Indiana, (the "Parcel ") from the City on April 7, 2015; and WHEREAS, the St. Joseph County Assessor's office sent a Notice of Assessment dated as of September 14, 2015 with respect to the Parcel; and WHEREAS, the Company, has represented that the Notice of Assessment was not received by the Company; and WHEREAS, an Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas (Form 322/RE) ( "Form 322/RE ") must be filed with the St. Joseph County Auditor (the "Auditor ") before May 10 in the year in which the addition to assessed valuation (or new assessment) is made, or not later than thirty (30) days after the Notice of Assessment of Land and Improvements (Form 11) (the "Notice of Assessment ") is mailed to the property owner if it is mailed after April 10; and WHEREAS, Form 322/RE requires that Form CF- 1/Real Property (Form CF -1) ( "Form CF -1 ") must be attached to the Form 322/RE; and WHEREAS, the Company subsequently received a Tax Bill dated April 5, 2016 (the "Tax Bill ") providing that the spring installment of property taxes on the Parcel was due May 10, 2016; and WHEREAS, upon receipt of the Tax Bill, the Company filed Form 322/RE and Form CF -1 with the Auditor's office within thirty (30) days of receipt of the Tax Bill; and WHEREAS, the Tax Bill, without the application of the abatement previously approved by the Common Council, results in a tax being due of $36,199.42; and WHEREAS, the Company has requested that the Common Council exercise its authority as the designating body to waive noncompliance by adopting a resolution pursuant to Section 11.3 of the Act; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A. The petitioner states that the Company was unaware that the Form 322/RE and Form CF -1 needed to be filed with the Auditor's Office within thirty (30) US.106317781.01