No. 1895 approving/authorizing the execution of an agency agreement by/between the SBRC and the COSB Board of Public Works relating to the TJX Redevelopment Project (SEDA)

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AGENCY AGREEMENT This Agency Agreement ( "Agency Agreement "), made and entered into as of the 21 st day of June, 2002, by and between the South Bend Redevelopment Commission ( "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works ( "Board ") for purposes of the Commission designating the Board to act as the Commission's agent in order to demolish certain buildings located in the general area of Olive and Chapin Streets ( "Property ") and to undertake construction of new streets, related infrastructure improvements and other matters related to the construction of an 800,000 square foot distribution center by The TJX Companies, Inc. pursuant to a redevelopment project in the Sample -Ewing Development Area (the "TJX Project "). WITNESSETH: WHEREAS, at a meeting on June 21, 2002, the Commission adopted Resolution No. 1895. WHEREAS, at a meeting on June 24, 2002, the Board adopted Resolution No. WHEREAS, the Commission and the Board desire to enter into this Agency Agreement ( "Agreement ") in order to permit the construction of the Project pursuant to the terms and conditions contained herein; and WHEREAS, the Board desires to act as the agent of the Commission for the purposes of constructing the Project in accord with the plan for redevelopment of the Property; NOW, THEREFORE, in consideration of the mutual covenants and promises herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: The Commission hereby empowers and appoints the Board to act as the EXHIBIT A