5A1 First Amendment to Economic Development Agreement (J.C. Hart Co.) - Fully Executed

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EXHIBIT H Work The City Bodies shall undertake the construction of public infrastructure improvements to support the Project and which are necessary to re-establish a street grid and utility network at the Project Site. The Work shall include the following: Section l: Roadway and Infrastructure Improvements. The City Bodies shall cause the construction of new streets, water main, sanitary sewer main, and storm sewer, curbs, sidewalks, crosswalks, accessibility ramps, street landscaping, street lighting, and street trees, as generally depicted in the infrastructure plan attached hereto as Exhibit H-1 and in accordance with the City Bodies' design, as well as any other infrastructure improvements agreed to by the parties (the "Roadway and Infrastructure Improvements"). Section 2: Utili1y Relocations. The City Bodies shall cause the relocation of all utility lines and facilities located on the Project Site so that such utility lines and facilities do not in any way interfere with the construction or operation of the proposed Project improvements depicted in Exhibit H-1 (the Utility Relocations"). The Utility Relocations shall include, without limitation, relocation of storm sewer, water, sanitary sewer, electric, fiber optic, telephone/communications and gas such that no utility lines or facilities are located under Project building improvements. All relocated utility lines and facilities on the Project Site shall be in locations approved by Developer and the City. Section 3: Easement Releases. In connection with the Utility Relocations, the City Bodies shall obtain and record, on terms and conditions reasonably satisfactory to Developer, releases by all benefited utilities of all utility easements encumbering the Project Site, whether arising via plat, separate recorded instrument or otherwise, including, without limitation, releases of the following easements: • Easements rights created in connection with the vacation of rights -of -way shown as a part of the Original Plat of South Bend Indiana as it relates to the Project Site; • Easements rights created in connection with the Plat of River Bend Addition to the City of South Bend, St. Joseph County, Indiana (Plat Record 197719, Book 31, Page(s) R-7) as it relates to the Project Site; • Easement rights created in connection with the vacation of rights -of -way pursuant to Ordinance 9202-01 and shown on that certain Crowe Chizek Minor Subdivision recorded as Instrument No. 0315444; • Easement Rights created in connection with the Crowe Chizek Minor Subdivision recorded as Instrument No. 0315444; • Easement Rights created in connection with the Crowe Chizek Second Minor Subdivision recorded as Instrument No. 2024-11404; • Easement Rights created in connection with the Crowe Chizek Second Minor Subdivision Lot Line Adjustment;