37-26 Authorizing the City to Fund Its Taxable Economic Development Revenue Note, Series 2026 (Beacon Heights Project) and Approving and Authorizing Other Actions in Respect Thereto (Substitute)

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ecohenacohenliuzzo.com As to Investor Member : Cinnaire Fund for Housing Limited Partnership 45 c/o Cinnaire 45, LLC 1118 South Washington Lansing, Michigan48910 With a copy to Kutak Rock LLP 1650 Farnam Street Omaha, NE 68102 Attn: Asher R. Ball or such additional or different address,notice of which is given under Section 7.2 hereof. "Ordinance" means Ordinance No. of the Common Council of the City adopted on _, 2026, authorizing the Loan and the execution and delivery of this Agreement. "Person" or words importing persons mean firms, associations, partnerships (including without limitation, general and limited partnerships), limited liability companies, joint ventures, societies,estates,trusts,corporations,public or governmental bodies,other legal entities and natural persons. "Project" means the construction, renovation and/or rehabilitation of up to one hundred seventy (174) affordable housing units in the existing Beacon Heights development in the River West Development Area in the City, with an approximate total development cost of Forty-Seven Million Dollars $47,000,000.00 including a private investment of no less than Forty-Seven Million Dollars$47,000,000 to be expended by the Borrower. "Redevelopment Commission"means the South Bend Redevelopment Commission. "State"means the State of Indiana. Section 1.3. Interpretation. Any reference herein to the City, to the Common Council, to the Redevelopment Commission,or to any member or officer of the City includes entities or officials succeeding to their respective functions,duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. Any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or chapter of the Indiana Code or to any statute of the United States of America, includes that section, provision or chapter or statute as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement or superseding section, provision or chapter or statute shall be applicable solely by reason of this provision, if it constitutes in any way an impairment of the rights or obligations of the City or the Borrower under this Agreement. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and 4