No. 2225 amended and restated authorizing the issuance of COSB redevelopment district adjustable rate demand tax increment revenue bonds (series 2006 Erskine Commons Project) and other related matters

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described in Section 25.1(a) of the Act) within or serving the Allocation Area; (viii) reimburse the City for rentals paid by the City for a building or parking facility within or serving the Allocation Area under any lease entered into under IC 36 -1 -10; (ix) pay all or a portion of a property tax replacement credit to taxpayers in the Allocation Area as determined by the Commission pursuant to Section 39 of the Act; (x) pay expenses incurred by the Commission for local public improvements that are in the Allocation Area or serving the Allocation Area. Public improvements include buildings, parking facilities, and other items described in Section 25.1(a) of the Act; or (xi) reimburse public and private entities for expenses incurred in training employees of industrial facilities that qualify under the Act; provided however, that if further uses of property tax proceeds allocated to Allocation Fund are authorized or permitted by amendment to the Act, including Section 39 of the Act, those uses shall also be authorized or permitted for property tax proceeds allocated to Allocation Fund. (c) When the money in Allocation Fund is sufficient to pay when due all principal and interest payments for that year and any shortfalls from previous years on bonds (including principal and interest payments for that year the Bonds and the EDC Bonds, and reimbursing the issuer of the Letter of Credit and the EDC Letter of Credit and any alternate or replacement Letter of Credit or EDC Letter of Credit for any payments of interest on or principal of the Bonds and the EDC Bonds, respectively, and reimbursing the Developer for any payments made by the Developer to pay the principal of and interest on the Bonds or to reimburse the issuer of the Letter of Credit or the EDC Letter of Credit, and any alternate or replacement Letter of Credit or EDC Letter of Credit for any payments of interest on or principal of the Bonds and the EDC Bonds (including accrued interest on any Bonds and EDC Bonds purchased or redeemed prior to maturity) described in subsection (b), and is not needed for that year for the other purposes described in subsection (b) (including without limitation the maintaining of property taxes collected in a given year in Allocation Fund as a reserve to pay principal and interest on the Bonds and the EDC Bonds payable in the year following such year of collection in the manner and at the times specified herein), money in Allocation Fund in excess of that amount (the 'Excess Funds ") shall be paid to the Controller who shall, during the time a part of the Allocation Area is located in an enterprise zone created under Ind. Code § 4- 4 -6.1, deposit such Excess Funds in a special fund created for the enterprise zone and used as required by law; provided, however, to the extent portions of the Allocation Area are not within the enterprise zone, the Excess Funds deposited into the special fund shall be reduced on a pro rata basis based on the percentage of the BDDBOI 33020845 - 8 -