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AGREEMENT FOR PARKING GARAGE MANAGEMENT SERVICES AND ON-STREET PARKING ENFORCEMENT THIS AGREEMENT FOR PARKING GARAGE MANAGEMENT SERVICES AND ON-STREET PARKING ENFORCEMENT (the or this "Agreement) is entered into effective the 1St day of February, 2013, by and between THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, acting by and through the South Bend Redevelopment Commission, organized under and operating pursuant to the laws of the State of Indiana (the "Commission"), and Downtown South Bend, Inc., an Indiana non-profit corporation, (the"Operator"). 1) Location: This Agreement pertains to: a) Each of the parking garages (collectively, the "Garages") leased and/or operated by the Commission, all in the City of South Bend, Indiana, and located at: 117-131 South Michigan Street(the"Leighton Garage") 126 North Main Street(the"Main Street Garage") 121 East Wayne Street(the "Wayne Street Garage") b) On-Street Parking: There are approximately 870 on-street parking spaces within the downtown enforcement zone (see Appendix A). Parking spaces are marked with a 2 hour, 1 hour, Y2 hour and 15 minute limit. Enforcement for the on-street parking is to be accomplished via newly purchased Duncan AutoCITE- X3 handheld units. Parking ticket payments are processed through the City of South Bend in accordance with City Ordinances. 2) Term: The term of this Agreement shall be two (2) years, commencing on February 1, 2013, and ending on January 31, 2015. In order to permit the Commission to comply with Section 103 and 141 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated pursuant thereto, the parties agree that the Commission shall have an absolute right to terminate this Agreement for any reason and without cause or penalty. However, this Agreement may also be terminated by either party, with or without cause, upon thirty (30) days written notice of cancellation. The Operator covenants that it will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on bonds issued and outstanding for any of the parking garages described herein. The Operator further covenants and otherwise agrees to enter into any amendment of this Agreement or otherwise terminate this Agreement in order to prevent the loss of the exclusion from gross income for federal tax purposes of interest on the aforementioned bonds.