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Parcel Identification No.: 71-08-26-200-004.000-002 <br /> PILOT AGREEMENT <br /> THIS PILOT AGREEMENT (this "PILOT Agreement") is entered into to be effective as <br /> of this day of , 2026, (the "Effective Date"), by and among the CITY OF <br /> SOUTH BEND, INDIANA, a municipal corporation and political subdivision of the State of <br /> Indiana(the"City"),and HERITAGE TRAILS SOUTH BEND,LP,an Indiana limited partnership <br /> (the"Owner,"with each of the City and the Owner sometimes being individually referred to as a <br /> "Party"and collectively as the"Parties"). <br /> RECITALS <br /> WHEREAS, the City is a duly organized municipal corporation and political subdivision <br /> under the laws of the State of Indiana, and the Common Council of the City is the legislative body <br /> of the City(the"Common Council"); <br /> WHEREAS, the general partner of the Owner is Heritage Trails South Bend GP, LLC, an <br /> Indiana limited liability company(the"General Partner"); <br /> WHEREAS, the Owner has confirmed to the City that the Owner will develop, own, and <br /> operate an affordable rental apartment facility on the+/-9.64 acre site located at 314 W. Chippewa <br /> Avenue, South Bend, Indiana and identified as Parcel Number 71-08-26-200-004.000-002 in the <br /> St. Joseph County Assessor's records which real estate is legally described on Exhibit A attached <br /> to and made a part of this PILOT Agreement(the"Property"), and to be known as Heritage Trails <br /> (the"Project"); <br /> WHEREAS, the Project will provide affordable housing to low-income residents whose <br /> incomes do not exceed sixty percent (60%) or less of the applicable area median income; <br /> WHEREAS,the Project will be financed, in part,utilizing federal low-income housing tax <br /> credits and tax-exempt bonds under the federal low-income housing tax credit program described <br /> in 26 U.S.C. § 42; <br /> WHEREAS, the Project will be subject to an extended use agreement which is described <br /> in 26 U.S.C. § 42 (the "Extended Use Agreement") as administered by the Indiana Housing and <br /> Community Development Authority (the"IHCDA") for a period of at least fifteen (15) years; <br /> 1 <br />