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e � <br />RESOLUTION NO. 1823 <br />RESOLUTION OF THE REDEVELOPMENT COMMISSION OF THE <br />CITY OF SOUTH BEND, INDIANA, PLEDGING TAX INCREMENT <br />FINANCE REVENUES FOR THE PAYMENT, IF NECESSARY, OF THE <br />PRINCIPAL OF AND INTEREST ON A LOAN FROM THE <br />ENVIRONMENTAL REMEDIATION REVOLVING LOAN FUND <br />ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE <br />AUTHORITY <br />WHEREAS, the South Bend Redevelopment Commission (the "Commission ") has <br />adopted various resolutions declaring a certain area located within the South Bend Redevelopment <br />District (the "Redevelopment District ") and known as the "Airport Economic Development Area" <br />as an economic development area and designated such area as an allocation area (the "Area ") within <br />the meaning of Indiana Code 36 -7 -14, as amended (the "Act "), for purposes of tax increment finance <br />which Area now includes certain property (the "Property") occupied by Robert Bosch Corporation <br />('Bosch ") and owned by the City of South Bend, Indiana (the "City ") pursuant to an Agreement for <br />the Use and Rehabilitation of Real Property between Bosch and the City dated as of August 17, 2000 <br />(the "Agreement "); and <br />WHEREAS, the State of Indiana ( "State ") has established the Environmental <br />Remediation Revolving Loan Program (the "Program ") pursuant to Indiana Code 13 -19 -5, as <br />amended (the "Program Act "), for the purpose of providing funding from the Environmental <br />Remediation Loan Fund (the "Fund ") administered by the Indiana Development Finance Authority <br />( "IDFA ") for the assessment and remediation of "brownfield sites" located throughout the State; and <br />WHEREAS, the pursuant to Section 9 of the Agreement, (i) the City has represented <br />that it is eligible to borrow up to $1,300,000 from IDFA (the "Loan") through the Program and that <br />it will use its best efforts to borrow such amount and, in turn, loan it to Bosch for purposes of <br />remediating environmental conditions at, on, under or emanating from the Property, including, but <br />not limited to, demolition, asbestos and lead paint removal, and environmental testing and <br />assessment of the Property (the "Program Improvements ") and (ii) Bosch has agreed to repay such <br />loan in accordance with the repayment schedule set forth in the Agreement subject to certain <br />forgiveness provisions set forth in the Agreement as permitted by the Program Act; and <br />WHEREAS, in addition to the promise of Bosch to repay the Loan, IDFA requires <br />further assurance of the City to repay the Loan from funds available to the City in the unlikely event <br />that Bosch does not make repayments as provided in the Agreement; and <br />C: \WINDOW s \TEMP \GW V fewer\ #99998 —I . WPD <br />