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DEVELOPMENT AGREEMENT
<br />This Development Agreement (this “Agreement”), is effective as of January 23, 2025
<br />(the “Effective Date”), by and between the City of South Bend, Department of
<br />Redevelopment, acting by and through its governing body, the South Bend Redevelopment
<br />Commission (the “Commission”), The Nexus Center LLC, an Indiana Limited Liability Company,
<br />with a principal office address at 21710 Ravenna Drive, South Bend, IN, 46628 (the “Nexus
<br />Center”), and Cultivating Life Clinic Incorporated, an Indiana Nonprofit Corporation, with a
<br />principal office address of 3607 South Main Street, South Bend, IN 46614 (“Cultivating Life”)
<br />(the Nexus Center and Cultivating Life are referred to collectively herein as the “Developers”)
<br />(each, a “Party,” and collectively, the “Parties”).
<br />RECITALS
<br />WHEREAS, the Commission exists and operates under the provisions of the
<br />Redevelopment of Cities and Towns Act of 1953, as amended (I.C. 36-7-14 et seq., the “Act”);
<br />and
<br />WHEREAS, the Act provides that the clearance, replanning, and redevelopment of
<br />redevelopment areas are public uses and purposes for which public money may be spent; and
<br />WHEREAS, the Commission and the Nexus Center previously entered into a certain
<br />Development Agreement dated August 12, 2021, as amended on September 8, 2022, and October
<br />12, 2023 (collectively, the “2021 Development Agreement”), attached hereto as Exhibit A,
<br />pertaining to certain local public improvements to a cultural, community, and commercial center
<br />with a focus on family health and wellness, economic development, financial literacy, education,
<br />and crime prevention in the South Side Development Area; and
<br />WHEREAS, as set forth in the 2021 Development Agreement, the Nexus Center
<br />committed to expend a total amount equaling no less than One Million Six Hundred Thousand
<br />Dollars ($1,600,000.00) toward the renovation and activation of the Developer Property (as
<br />defined therein) into a cultural, community, and commercial center with a focus on family health
<br />and wellness, economic development, financial literacy, education, and crime prevention, and the
<br />Commission committed a maximum of Five Hundred Twenty-Five Thousand Dollars
<br />($525,000.00) of tax increment financing revenues to complete certain local public improvements
<br />in support of the Nexus Center’s project; and
<br />WHEREAS, the Nexus Center fulfilled all obligations required under the 2021
<br />Development Agreement within the timeframes required; and
<br />WHEREAS, the Nexus Center and Cultivating Life are related entities operating under
<br />shared ownership and own certain real property described in Exhibit B, together with all
<br />improvements thereon and all easements, rights, licenses, and other interests appurtenant thereto
<br />(collectively, the “Developer Property”); and
<br />WHEREAS, Cultivating Life is a nonprofit organization that provides, both at the
<br />Developer Property and out in the field, educational outreach and charitable mental health services
<br />to medically underserved populations in and around the City of South Bend; and
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