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Benefits and its application for tax abatement related to the construction of a new 80,000 square <br /> foot design-built warehouse/distribution in the City of South Bend at 7250 Vorden Parkway <br /> South Bend, Indiana (the "Property"), and (b) wholly inadvertent oversight and <br /> misunderstanding leading to a belated filing of the Form 322 ERA/RE "Application for <br /> Deduction from Assessed Valuation of Structures in Economic Revitalization Areas" to claim <br /> the benefits of tax abatement for the March 1, 2011 assessment date on the Property. <br /> SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude <br /> that the Taxpayer has fulfilled its projected plans to construct new improvements contemplated <br /> as part of the 2010 Resolution (the "Abatement") and that its belated filing of an application <br /> required to claim the benefits of the Abatement as of March 1, 2011 (for taxes due and payable <br /> in 2012)was inadvertent. <br /> SECTION 3. The Common Council hereby waives the matter of noncompliance that <br /> may be waived under State and local law regarding the late filing of applicable deduction <br /> applications in order for the Taxpayer to claim and receive the benefit of tax Abatement on its <br /> investment in new building improvements contemplated as part of the 2010 Resolution as of the <br /> March 1, 2011 assessment date, all as is permitted under IND. CODE § 6-1.1-12.1-11.3 (including <br /> specific waiver that the deduction application under ND. CODE § 6-1.1-12.1-5 be timely filed <br /> with the county auditor to claim property tax abatement deductions for. the 20.11-Pay-2012 tax <br /> year). <br /> SECTION 4. The Common Council incorporates herein by reference, and hereby <br /> ratifies and reaffirms: (a) the 2010 Resolution; (b) the tax abatement application and statements <br /> of benefits of the Taxpayer; and(c)the recitals of this Resolution. The Common Council and the <br /> Clerk of the City of South Bend are authorized to take all such further acts and execute and <br /> deliver all such further documents for the St. Joseph County Auditor or otherwise as may be <br /> reasonably necessary to give effect to this Resolution, all without further application to or formal <br /> action by the Common Council. <br /> SECTION 5. This Resolution shall be in full force and effect from and after its passage <br /> and approval by the Mayor. <br /> D9,t_lk 0 ,h„,_A.,,, t <br /> Member of the Common Counci <br /> pq 13 D <br /> �. fe ,,, ,'�� Dri.� tfti <br /> op`pi a ,, <br /> Council action on Vas issue, . <br /> tv <br /> E- ' ii1 k 4,u <br /> PRESENTED <br /> DoT APPROVED <br />