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AGENCY AGREEMENT <br />This Agency Agreement ( "Agency Agreement "), made and entered into as of the -M4ay <br />of June, 2002, by and between the South Bend Redevelopment Commission ( "Commission ") and <br />the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to <br />the laws of the State of Indiana, acting by and through its Board of Public Works ( "Board ") for <br />purposes of the Commission designating the Board to act as the Commission's agent in order to <br />demolish certain buildings located at the former Oliver Plow Works site ( "Property ") and to <br />undertake construction of new streets, related infrastructure improvements and other matters related <br />to the Oliver Plow Works redevelopment project (the "Project "). <br />WITNESSETH: <br />WHEREAS, at a meeting on June -71 2002, the Commission adopted Resolution No. &U <br />WHEREAS, at a meeting on June CR -, 2002, the Board adopted Resolution No. -3J- 00� <br />WHEREAS, the Commission and the Board desire to enter into this Agency Agreement <br />( "Agreement ") in order to permit the construction of the Proj ect pursuant to the terms and conditions <br />contained herein; and <br />WHEREAS, the Board desires to act as the agent of the Commission for the purposes of <br />constructing the Project in accord with the plan for redevelopment of the Property; <br />NOW, THEREFORE, in consideration of the mutual covenants and promises herein, and <br />for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties <br />agree as follows: <br />1. The Commission hereby empowers and appoints the Board to act as the <br />Commission's agent for the limited purpose of contracting for the demolition and construction of <br />1 <br />EXHIBIT <br />A <br />