10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend

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EXHIBIT B Form of Financial Assistance Agreement STATE OF INDIANA DRINKING WATER REVOLVING LOAN PROGRAM FINANCIAL ASSISTANCE AGREEMENT dated as of this [ day of 20 1 by and between the Indiana Finance Authority(the"Finance Authority"), a body politic and corporate, not a state agency but an independent instrumentality of the State of Indiana (the "State") and the City of South Bend, Indiana(the"Participant"), a political subdivision as defined in I.C. 5-1.2-2-57, operating its water utility under I.C. 8-1.5, witnesseth: WHEREAS, the State's Drinking Water Revolving Loan Program (the "Drinking Water SRF Program")has been established in accordance with the federal Safe Drinking Water Act and any regulations promulgated thereunder, and pursuant to I.C. 5-1.2-10 (the "Drinking Water SRF Act"),which Drinking Water SRF Act also establishes the drinking water revolving loan fund(the "Drinking Water SRF Fund"); and WHEREAS,pursuant to the Drinking Water SRF Act,the State was authorized to fund the Drinking Water SRF Program with federal capitalization grants, together with required state matching funds therefor, and to operate the Drinking Water SRF Program, and prior to May 15, 2005 so funded and operated the Drinking Water SRF Program; and WHEREAS, pursuant to Public Law 235 - 2005, by operation of law and effective May 15, 2005, the Finance Authority has become the successor to the State in all matters related to the Drinking Water SRF Program (including use and acceptance of federal capitalization grants and required state matching funds and operation of the Drinking Water SRF Program); and WHEREAS, the Participant is a duly existing political subdivision of the State, lawfully empowered to undertake all transactions and execute all documents mentioned or contemplated herein; and WHEREAS,the Participant has previously entered into a Financial Assistance Agreement with the Finance Authority, dated as of September 1, 2009, to borrow money from the Drinking Water SRF Program, to construct and acquire separate projects as described and defined therein (the"Prior Agreement"); and WHEREAS, the Participant has determined to undertake a drinking water system project (as more fully described herein,the"Project") and to borrow money from the Drinking Water SRF Program to construct and acquire the Project; and WHEREAS,the Finance Authority and the Participant desire to set forth the terms of such financial assistance as hereinafter provided; and NOW THEREFORE,in consideration of the mutual covenants herein set forth,the Finance Authority and the Participant agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. The following terms shall, for all purposes of this Agreement, have the following meaning: "Agency" shall mean the United States Environmental Protection Agency or its successor. "Asset Management Program" means programs, plans and documentation (including a Fiscal Sustainability Plan) that demonstrates that the Participant has the financial, managerial, technical, and legal capability to operate and maintain its Drinking Water System and which is consistent with SRF Policy Guidelines including applicable requirements of the Drinking Water SRF Act. B-1