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FUNDING AND REIMBURSEMENT AGREEMENT
<br /> This FUNDING AND REIMBURSEMENT AGREEMENT, is made and entered into as
<br /> of July 1, 2026(the"Agreement")by and between the CITY OF SOUTH BEND, INDIANA (the
<br /> "City"),a municipal corporation duly organized and validly existing under the laws of the State of
<br /> Indiana (the "State"), and the SOUTH BEND REDEVELOPMENT COMMISSION (the
<br /> "Redevelopment Commission"), as governing body of the CITY OF SOUTH BEND
<br /> REDEVELOPMENT DISTRICT, a special taxing district duly organized and validly existing
<br /> under the laws of the State of Indiana(the"District").
<br /> WHEREAS, Indiana Code 36-7-11.9 and 36-7-12, as supplemented and amended
<br /> (collectively, the "Act"), authorizes and empowers the City to make direct loans to users or
<br /> developers (each as defined under the Act) for the cost of acquisition,construction, or installation
<br /> of economic development facilities, with such loans to be secured by the pledge of one or more
<br /> taxable or tax-exempt debt obligations of the users or developers, for diversification of economic
<br /> development and promotion of job opportunities in or near such City and vests the City with
<br /> powers that may be necessary to enable it to accomplish such purposes; and
<br /> WHEREAS, the City, upon finding that the Project (as hereinafter defined) and the
<br /> proposed financing of the construction thereof will create additional employment opportunities in
<br /> the City; will benefit the health, safety, morals, and general welfare of the citizens of the City and
<br /> the State; and will comply with the purposes and provisions of the Act, adopted an ordinance
<br /> approving a loan to Beacon Apartments Preservation LLC, an Indiana limited liability company
<br /> (the"Borrower"); and
<br /> WHEREAS, the City intends to make a direct loan to the Borrower, pursuant to the
<br /> provisions of the Act,this Agreement,and the Financing and Loan Agreement,dated as of July 1,
<br /> 2026, between the City and the Borrower(the"Loan Agreement"), all for the purpose of financing
<br /> a portion of the Project; and
<br /> WHEREAS,pursuant to Indiana Code 36-7-I4-39(b)(4), the Redevelopment Commission
<br /> may use certain incremental property taxes to reimburse the City for expenditures(including loans)
<br /> made for local public improvements(which include buildings and all expenses reasonably incurred
<br /> in connection with the acquisition and redevelopment of property)that are physically located in or
<br /> physically connected to the Allocation Area(as defined herein); and
<br /> WHEREAS,pursuant to Resolution No.3672,adopted by the Redevelopment Commission
<br /> on June 11,2026, a copy of which is attached hereto as Exhibit A(the"Authorizing Resolution"),
<br /> the Commission has authorized the use of Tax Increment Revenues(as defined herein), in the total
<br /> amount of not to exceed One Million Two Hundred Fifty Thousand Dollars ($1,250,000) from
<br /> moneys then currently on deposit in the Allocation Fund(as defined herein), in order to reimburse
<br /> the City for expenditures made,or to be made, to finance a portion of the Project costs.
<br /> NOW THEREFORE, in consideration of the premises, the covenants and agreements
<br /> hereinafter contained, and for other valuable consideration, the receipt and sufficiency of which
<br /> are hereby acknowledged, the City and the District hereby agree and covenant.
<br /> (End of Recitals)
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