5A3 Development Agreement (New Day Intake Center) - Signed

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6 3.5 Submission of Plans and Specifications for Project. Promptly upon completion of all plans and specifications for the Project, or changes thereto, and prior to the Commission’s expenditure of the Funding Amount, the Developer shall deliver a complete set thereof to the City’s Executive Director Department of Community Investment, or his or her designee, who may approve or disapprove said plans and specifications for the Project in his or her sole discretion and may request revisions or amendments to be made to the same. 3.6 Costs and Expenses of Construction of Project. The Developer hereby agrees to pay, or cause to be paid, all costs and expenses of planning, construction, management, and all other activities or purposes associated with the Project (including legal, architectural, and engineering fees). 3.7 Non-Interference. Developer hereby agrees to use commercially reasonable efforts to minimize disruption for those living and working near the Developer Property during construction of the Project. 3.8 Insurance. The Developer shall purchase and maintain comprehensive insurance coverage as is appropriate for the work being performed with respect to the Project. The Developer shall provide proof of such adequate insurance to the Commission and shall notify the Commission and the City of any change in or termination of such insurance. During the period of construction or provision of services regarding any Local Public Improvements, the Developer shall maintain insurance in the kinds and for at least the minimum amounts as described in Exhibit F attached hereto and the Commission and the City shall be named as additional insureds on such policies (but not on any worker’s compensation policies). 3.9 Information. The Developer agrees to provide any and all due diligence items with respect to the Project reasonably requested by the Commission. 3.10 Governance and Operations. Not later than December 31, 2025, the Developer agrees to amend its governance structure to include four (4) members of its Board of Directors who shall be appointed by the Mayor of the City of South Bend. Such appointments shall be made in accordance with the Developer’s bylaws and applicable law, and shall remain in effect indefinitely, unless otherwise agreed in writing by the Parties. The Developer further agrees to cooperate in good faith with the Community Liaison Committee established by the City for the purpose of addressing neighborhood concerns related to the Project. The Developer shall designate appropriate staff or leadership to participate in regular meetings of the Committee and to support collaborative resolution of community issues. 3.11 HOME-ARP Compliance. It is anticipated that Developer will be selected as a subrecipient of a certain HOME American Rescue Plan (HOME-ARP) Non-Congregate Shelter Development funds, granted under CDFA 14.239, HOME Investment Partnership Program, Department of Housing and Urban Development, Office of Community Planning and Development, Grant Number M-21-DP-18-0208. (the “HOME-ARP Grant”). Provided the HOME-ARP Grant is awarded to Buyer as anticipated, as further consideration under this Agreement, the Developer affirms and agrees that it shall be bound by and shall comply with all requirements set forth in the HOME-ARP Grant for the entirety of the fifteen (15) year restricted use and compliance period.