08-25 Authorizing the City to Issue One or More Series of its Taxable Economic Development Tax Increment Revenue Bonds and Approving and Authorizing Other Actions in Respec Thereto in Connection With the J. C. Hart Development Project

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ventures,societies,estates,trusts, corporations, public or governmental bodies, other legal entities and natural persons. "Project" means the development and construction of 2 buildings housing approximately 291 apartments and an approximately 398 space structured garage located in the Riverwalk Allocation Area (as defined in the Indenture) established by the Redevelopment Commission. "Redevelopment Commission" means the South Bend Redevelopment Commission. "State"means the State of Indiana. "Target Completion Date"means December 31,2028, subject to Section 8.8 of this Agreement. "Taxpayer Agreement" means the Taxpayer Agreement, dated as of _ 1, 2025, among the Redevelopment Commission,the City and the Company. "Trustee" means , acting as trustee pursuant to the Indenture. Section 1.3. Interpretation. Any reference herein to the City, to the Legislative Authority 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of America, includes that section, provision or chapter or statute as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement or superseding section, provision or chapter or statute shall be applicable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 Company 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 similar terms refer to this Agreement; and the term"hereafter"means after, and the term "heretofore" means before, the date of the Loan. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. Section 1.4. Captions and Headings. The captions and headings in this Agreement are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Articles,Sections,subsections,paragraphs,subparagraphs or clauses hereof. (End of Article I) -4-