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WHEREAS, the Commission desires to undertake certain actions and promote <br />certain activities within the Area that are necessary to carry out the Development Plan for <br />the Area and facilitate development of the Area (the '`Project''); and <br />WHEREAS, DTSB is anot-for-profit domestic corporation created to promote <br />community development within the City of South Bend, Indiana and has knowledge, <br />experience and expertise in property acquisition and development; and <br />WHEREAS, the Commission has determined that due to DTSB's knowledge, <br />experience and expertise, it is in the best interests of the Commission to retain DTSB's <br />services to assist the Commission in accomplishing the Project; and <br />WHEREAS, DTSB is willing to assist the Commission in its efforts by providing <br />the Requested Services which are more specifically described below and in EXHIBIT <br />"A"and are subject to the terms and conditions of this Agreement; and <br />WHEREAS, the Commission has appropriated funds for the Project in the <br />amount of Two Hundred Fifty Thousand Dollars ($250,000), including funds for the <br />Requested Services, as required by Indiana Code § 5-22-17-3; and <br />WHEREAS, the Provider has provided management services to the Commission <br />for certain parking lots as further described herein, and the Commission intends to retain <br />such services of the Provider and share the revenues from the parking lots as described in <br />this Agreement. <br />NOW, THEREFORE, it is agreed between the parties as follows: <br />SECTION 1. Definitions. For purposes of this Agreement, the following <br />terms have the meanings referred to in this Section: <br />City Controller: The term "City Controller" shall mean the City Controller <br />or Acting City Controller appointed pursuant to Indiana <br />Code § 36-~-9-6. <br />City's Internal <br />Auditor: The term "City's Internal Auditor" shall mean the City <br />Controller or any person appointed or retained by the City <br />Controller or the Commission for the purpose of auditing <br />the Provider for this Agreement or other agreements of the <br />City. <br />Con:mission: The term "Commission" shall mean the South Bend <br />Redevelopment Commission, the governing body of the <br />City of South Bend Department of Redevelopment <br />2 <br />