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AGENCY AGREEMENT <br />This Agency Agreement ( "Agency Agreement "), made and entered into as of the day <br />of M �Y , 2004, by and between the South Bend Redevelopment Commission <br />( "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and <br />existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works <br />( "Board ") for purposes of the Commission designating the Board to act as the Commission's agent <br />in order to demolish certain buildings located at the Studebaker Area A site ( "Property") and to <br />AOMN undertake construction of new streets, related infrastructure improvements and other matters related <br />to Studebaker Area A, redevelopment project (the Project "). <br />WITNESSETH: <br />WHEREAS, at a meeting on MAY 7 , 2004, the Commission adopted Resolution <br />No. 2 053 <br />WHEREAS, at a meeting on / KIL 26o , 2004, the Board adopted Resolution No. <br />IS-Zooc4 . <br />WHEREAS, the Commission and the Board desire to enter into this Agency Agreement <br />( "Agreement ") in order to permit the construction of the Project 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 />1 <br />EXHIBIT <br />A <br />