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SECOND AMENDMENT TO ENVIRONMENTAL AGREEMENT REGARDING IVY TOWER THIS SECOND AMENDMENT TO ENVIRONMENTAL AGREEMENT REGARDING IVY TOWER ("Second Amendment") is entered into effective as of the 15`h day of April, 2014, ("Effective Date") by and between the City of South Bend, Indiana Board of Public Works and the South Bend Redevelopment Commission (collectively, the "Board"), Union Station Properties, LP, with an address at 506 West South Street, South Bend, Indiana 46601 ("USP") and Studebaker Building 84, LLC, with an address of 6561 Lonewolf Dr., South Bend, Indiana 46601 ("SB 84") and collectively with the Board and USP, the "Parties") with reference to the following facts. WITNESSETH: WHEREAS, SB 84 is the owner of certain real estate and improvements located at 600 United Drive and 635 South Lafayette Boulevard, in South Bend, Indiana, consisting of three (3) land parcels, two (2) of which parcels have been developed with larger industrial facilities located thereon, and the third parcel encompassing a thin tract of land located between the existing buildings and the adjacent Penn Central Railroad property (the "Property"). WHEREAS, in connection with the acquisition and redevelopment of the Property, USP and the Board entered into a certain Environmental Agreement Regarding Ivy Tower Building dated October 22, 2012, which was subsequently amended by the First Amendment to Environmental Agreement Regarding Ivy Tower Building between USP and the Board dated April 30, 2013 (as amended, the "Environmental Agreement"); and WHEREAS, subsequent to the execution of the Environmental Agreement, SB 84 purchased the Property on or about May 7, 2013 ("Closing Date"); and WHEREAS, IJSP now desires to add SB 84 as a party to the Environmental Agreement for all purposes, in order to facilitate the reuse and further development of the Property and the Board, in order to encourage such reuse and further development of the Property agrees to add SB 84 as a party to the Environmental Agreement; and WHEREAS, the Parties further desire to amend the Environmental Agreement to further clarify and define the rights and obligations of the of the Parties under the Environmental Agreement; and WHEREAS, the Parties wish to amend the Environmental Agreement pursuant to the terms and conditions set forth in this Second Amendment;