Amended and Restated Agreement – Additional Funding for Neighborhood Corridors Matching Grant Program - Urban Enterprise Association of South Bend, Inc.

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regulatory processes or the ordinary operations of private enterprise without public involvement; and WHEREAS, the City finds that the Corridors, more particularly described at pwgllji;x-1 are vital to the City and its neighborhoods and that providing for additional investment in the Corridors will serve the Corridors, their surrounding neighborhoods, and the residents of the City; and WHEREAS, in light of the foregoing, the City desires to provide for the continuation, development, and administration of certain services and programs, commonly described as the Neighborhood Corridors Matching Grant Program and more particularly described at exhibits A and A-1 (the "Program") to serve the Corridors; and WHEREAS, the Organization is an Indiana not -for -profit corporation and pursuant to its Articles and Bylaws is organized and operated exclusively to benefit, perform, and carry out the charitable, scientific, and educational purposes of the City of South Bend, Indiana, and in furtherance thereof to conduct such programs and activities in and around the City, especially within the Enterprise Zone, as will (a) relieve the poor and distressed or the underprivileged, (b) advance education or science, (c) erect or maintain public buildings, monuments, or works, (d) lessen the burdens of government, (e) lessen neighborhood tensions, (0 eliminate prejudice and discrimination, or (g) combat community deterioration; and WHEREAS, the Organization has represented that it is duly existing under Indiana law and exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, as evidenced by the copy of its most recent status filing with the Indiana Secretary of State and the copy of its Tax Exempt Determination Letter issued by the Internal Revenue Service, respectively attached as Appqndix 11 and Appendix III; and WHEREAS, the Organization has the expertise and resources to provide for, oversee, and administer the Program; and WHEREAS, the Commission desires to allocate for the Program under the terms of this Agreement Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), in addition to funds granted to grantees but not yet disbursed pursuant to the terms of the Lincolnway West and Western Avenue Agreement or the Mishawaka Avenue and Miami Street Agreement (the "Contract Amount"), and as required by Indiana Code § 5-22-17- 3, the Contract Amount does not exceed the amount appropriated for such purpose; and WHEREAS, the City believes that the actions contemplated by this Agreement are in the best interests of the health, safety, and welfare of the City and its residents and that such actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and the Organization hereby agree as follows: 2