60-18 Bond Financing for the Community Center Project

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FINANCING AGREEMENT This FINANCING AGREEMENT, dated as of November 1, 2018 (the "Financing Agreement") between ST. JOSEPH COUNTY PUBLIC LIBRARY, an Indiana non-profit Public Library (the "Public Library"), and the CITY OF SOUTH BEND, INDIANA (the "Issuer" or "City"), a municipal Public Library duly organized and validly existing under the laws of the State of Indiana(the"State"). RECITALS WHEREAS, Indiana Code, Title 36, Article 7, Chapters 11.9 and 12, as supplemented and amended (collectively, the "Act"), authorizes and empowers the Issuer to issue revenue bonds and enter into agreements with companies to allow companies to acquire or construct economic development facilities and vests the Issuer with powers that may be necessary to enable it to accomplish such purposes; and WHEREAS, after giving notice in accordance with the Act and Indiana Code 5-3-1, the City of South Bend Economic Development Commission (the "Economic Development Commission") held a public hearing regarding the Project (as defined herein), and, upon finding that the Project and the proposed financing of the acquisition, construction, expansion, renovation, equipping, furnishing and improvement thereof(i) will create or retain employment opportunities in the City, (ii) will benefit the health and general welfare of the citizens of the City and the State, and (iii) will comply with the purposes and provisions of the Act, the Economic Development Commission adopted a resolution, and the Common Council of the Issuer (the "Common Council") adopted an ordinance, approving the proposed financing for the Project; and WHEREAS, the Issuer intends to issue its City of South Bend, Indiana, Community Education Center Project Economic Tax Increment Development Revenue Bonds, Series 20_ (Community Education Center Project), in the aggregate principal amount not to exceed $4,800,000 (the "Series 20_ Bonds"), pursuant to a Trust Indenture, dated as of 1, 20_ (the "Indenture"), by and between the Issuer and , as trustee (the "Trustee"), for the purpose of providing funds to pay a portion of the costs of the Project and costs related to the issuance of the Series 20 Bonds; and WHEREAS, the Series 20_ Bonds issued under the Indenture will be payable solely from incremental real property taxes derived from all taxable property in the Allocation Area(as defined herein). In consideration of the premises, the representations, warranties and commitments given by the Public Library to the Issuer, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Public Library and the Issuer hereby further covenant and agree as follows: (end of recitals)