5B1 Second Amendment to Development Agreement (J.C. Hart Co., Inc) - Signed

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1 SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT (this “Second Amendment”), is made effective as of the _____ day of ___________________, 2025, by and among the CITY OF SOUTH BEND, INDIANA, a political subdivision and municipal corporation of the State of Indiana (the “City”), the CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT acting by and through its governing body, the SOUTH BEND REDEVELOPMENT COMMISSION (the “Redevelopment Commission” and together with the City, the “City Bodies”), and J.C. HART COMPANY, INC., an Indiana corporation (“Developer”). R E C I T A L S: A.The City Bodies and Developer are parties to a certain Economic Development Agreement dated as of January 9, 2025, as amended by that certain First Amendment to Economic Development Agreement made effective March 13, 2025 (as amended, the “Original Agreement”). B.The City Bodies and Developer desire to further modify and amend the terms of the Original Agreement to extend certain deadlines contained in the Original Agreement, all as set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follo ws: 1.Incorporation of Recitals; Definitions. The foregoing recitals are incorporated herein. Capitalized terms not otherwise defined herein shall have the meanings given such terms in the Original Agreement. 2.Extension of Deadlines. The City Bodies and Developer agree to extend certain deadlines under the Original Agreement as follows: a.Completion Date. The City Bodies and Developer agree to extend the Completion Date by one (1) year. Accordingly, the date “December 31, 2028” located in the definition of Completion Date in Article I of the Original Agreement is hereby deleted and replaced with “December 31, 2029”. The date “December 31, 2028” located in Section 4.01 and Section 4.03 of the Original Agreement is hereby deleted and replaced with “December 31, 2029”. b.Costs. The City Bodies and Developer agree to extend the date by which Closing must occur to avoid triggering an obligation to pay certain costs and fees of the City Bodies by one (1) year. Accordingly, the date “December 31, 2025” located in Section 8.04 is hereby deleted and replaced with “December 31, 2026”. Docusign Envelope ID: 8FFF8F72-BEE0-4955-8960-3225BB960D2F 11th. December