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<br />ECONOMIC DEVELOPMENT AGREEMENT <br />THIS ECONOMIC DEVELOPMENT AGREEMENT (the “Agreement”) is made and <br />entered into as of the ____ day of _____________, 202__, by and among the City of South Bend, <br />Indiana, a political subdivision and municipal corporation of the State of Indiana (the “City”), the <br />City of South Bend Department of Redevelopment, acting by and through its governing body, the <br />South Bend Redevelopment Commission (the “Redevelopment Commission” and, together with <br />the City, the “City Bodies”), and Colfax Corner ML, LLC, an Indiana limited liability company <br />(the “Developer”) (the City, the Redevelopment Commission, and the Developer, each being a <br />“Party” and collectively the “Parties”). <br />W I T N E S S E T H: <br />WHEREAS, the Redevelopment Commission exists and operates under the provisions of <br />the Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the <br />“Redevelopment Act”); and <br />WHEREAS, the Redevelopment Commission desires to foster economic development and <br />redevelopment within the City; and <br />WHEREAS, the Developer has approached the Redevelopment Commission regarding the <br />construction and equipping of certain economic development facilities, as more particularly <br />described in Exhibit A attached hereto (collectively, the “Project”) on certain parcels of real <br />property located within the City and owned or to be owned by the Developer as more particularly <br />described in Exhibit B attached hereto (the “Project Site”); and <br />WHEREAS, the Project Site is located within (i) the corporate boundaries of the City, (ii) <br />that area known as the “River West Development Area” (the “Area”), an area previously <br />determined by the Redevelopment Commission to be an economic development area under the <br />Redevelopment Act, and (iii) that area known as the “South Bend Downtown IDD” (the “IDD”), <br />an area designated by the Indiana Economic Development Corporation (the “IEDC”) as an <br />innovation development district pursuant to I.C. 36-7-32.5 et seq. (the “IDD Act”) and pursuant to <br />the terms and conditions of an agreement entered into between the IEDC and the City (the “IDD <br />Agreement”); and <br />WHEREAS, the Developer has requested certain economic development assistance from <br />the City with respect to the Project; and <br />WHEREAS, the City Bodies have determined that the completion of the Project is in the <br />best interests of the citizens of the City, and, therefore, the City Bodies desire to take certain steps <br />in order to induce the Developer to complete the Project; and <br />WHEREAS, to stimulate and induce the development of the Project Site and the <br />completion of the Project, the City Bodies have agreed, subject to further proceedings as required <br />by law, to provide the economic development incentives described herein.