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AGREEMENT <br />THIS AGREEMENT, entered into as of the day of June, <br />1979, between the City of South Bend, Indiana, in the County of <br />St. Joseph and State of Indiana, a municipality and political <br />subdivision of the State of Indiana, organized and existing under <br />the Constitution and laws of the State of Indiana (the "Issuer "), <br />acting pursuant to resolution of the South Bend Economic Develop- <br />ment Commission (the "Commission "), a department of development <br />duly established by ordinance of the Common Council of the City <br />of South Bend, Indiana, pursuant to Municipal Economic Development <br />Act of 1965, as amended, Indiana Code of 1971, Title 18, Article 6, <br />Chapter 4.5 (the "Act "), and acting pursuant to resolution of the <br />Issuer's Common Council and Simon Bros., Incorporated, a corpora- <br />tion for profit organized under the laws of the State of Indiana, <br />or any subsidiary thereof (the "Company "), for the purpose of <br />assisting in the reduction of insufficient employment opportunities <br />and insufficient diversification of industry, thereby improving <br />the economic welfare of the City of South Bend, Indiana; <br />WHEREAS, the Company desires to construct and install <br />certain property (herein called the "Facility ") constituting an <br />Economic Development Facility, as those terms are defined in the <br />Act, within the boundaries of the City of South Bend, to be used <br />in the sale of various types of food, paper, supplies and other <br />commodities; and <br />WHEREAS, the Company has evidenced a desire to finance <br />such construction and installation from the proceeds of Economic <br />Development Revenue Bonds (the "Bonds ") issued pursuant to the <br />authority of the Act; and <br />WHEREAS, such construction and installation will provide <br />additional employment and job opportunities within the Issuer <br />together with diversification of industry and improve the economic <br />welfare in the area of the Issuer and its people; and <br />LT V=TD TT T <br />-1- <br />