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DEVELOPMENT AGREEMENT
<br />This Development Agreement (this “Agreement”), is effective as of March 27, 2025 (the
<br />“Effective Date”), by and between EmpowerHer Development, LLC, an Indiana Limited Liability
<br />Company, with offices at 530 S. Michigan South Bend, Indiana 46601, and Milkweed Gardens
<br />Inc., an Indiana nonprofit corporation with offices at 1129 Riverside Dr, South Bend, IN, 46616and
<br />Herstoric Properties, LLC, an Indiana Limited Liability Company with offices at 614 S Saint
<br />Joseph St. South Bend, IN 46601 (collectively the “Developers”) and the City of South Bend,
<br />Department of Redevelopment, acting by and through its governing body, the South Bend
<br />Redevelopment Commission (the “Commission”)(each, a “Party,” and collectively, the “Parties”).
<br />RECITALS
<br />WHEREAS, the Commission exists and operates under the provisions of the
<br />Redevelopment of Cities and Towns Act of 1953 , as amended (I.C. 36-7-14 et seq., the “Act”);
<br />and
<br />WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
<br />redevelopment areas are public uses and purposes for which public money may be spent; and
<br />WHEREAS, the Developers owns certain real property described in Exhibit A, together
<br />with all improvements thereon and all easements, rights, licenses, and other interests appurtenant
<br />thereto (collectively, the “Developers’ Property”); and
<br />WHEREAS, the Developers currently has private financing and desires to construct,
<br />renovate, or otherwise rehabilitate certain elements of the Developers’ Property (the “Project”) in
<br />accordance with the project plan (the “Project Plan”) attached hereto as Exhibit B; and
<br />WHEREAS, the Developers’ Property is located within the corporate boundaries of the
<br />City within the River West Development Area (the “Area”); and
<br />WHEREAS, the Commission has adopted (and subsequently amended, from time to time)
<br />a development plan, which contemplates development of the Area consistent with the Project; and
<br />WHEREAS, The Commission believes that a completed Project will aid in the
<br />revitalization of south downtown South Bend and preserve two currently endangered buildings;
<br />and
<br />WHEREAS, the Commission believes that accomplishing the Project as described herein
<br />is in the best interests of the health, safety, and welfare of the City and its residents; and
<br />WHEREAS, the Commission desires to facilitate and assist the Project by undertaking the
<br />local public improvements stated in Exhibit C (the “Local Public Improvements”) and the
<br />financing thereof, subject to the terms and conditions of this Agreement and in accordance with
<br />the Act.
<br />NOW, THEREFORE, in consideration of the mutual promises and obligations stated in
<br />this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows:
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