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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment ") is made and entered into on this day of , 2013 (the "Effective Date "), by and among the South Bend Redevelopment Commission, governing body of the South Bend Department of Redevelopment (the "Commission "); the South Bend Redevelopment Authority, a separate body corporate and politic and instrumentality of the City (as hereinafter defined) (the "Redevelopment Authority "); the City of South Bend, Indiana, a political subdivision and municipal corporation of the State of Indiana (the "City "); and Kite Realty Group, L.P., a Delaware limited partnership ( "Developer ") (collectively the "Parties "). RECITALS A. The Parties entered into that. certain Development Agreement, dated as of February 15, 2008 (the "Original Development Agreement "), as amended by that certain First Amendment to Development Agreement with an effective date of May 2, 2008 ( "First Amendment ") (the Original Development Agreement as amended by the First Amendment shall be referred to as the "Development Agreement "). B. The Parties desire to amend the Development Agreement in order to address the matters described in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof as though set forth herein verbatim. Capitalized terms used herein but not otherwise defined shall have the meaning set forth in the Development Agreement. 2. All references in the Development Agreement to a "139 room limited service hotel" or "a limited service hotel with 139 rooms" or any variation thereof, including but not limited to such reference in the ninth "Whereas" clause in the Original Development Agreement, shall be amended to reference 119 limited service hotel rooms. 3. All references in the Development Agreement to a "255 room full service hotel' or "a full service hotel with 255 rooms" or any variation thereof, including but not limited to such reference in the ninth "Whereas" clause in the Original Development Agreement, shall be amended to reference 160 full service hotel rooms. 4. All references in the Development Agreement to residential condominiums being a part of the full service hotel component of the Eddy Street Commons Hotel Area, including but not limited to such references in Sections 4.4(a) and 4.4 b of the Original Development Agreement, shall be amended to delete any such reference as the Parties have agreed that the full service hotel shall not be developed to include residential condominiums as a component. dms.us.52644204.08