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WHEREAS, the Commission desires to undertake certain actions and promote <br /> certain activities within the Area that are necessary to carry out the Development Plan for <br /> the Area and facilitate development of the Area (the "Project"); and <br /> WHEREAS, DTSB is a not-for-profit domestic corporation created to promote <br /> community development within the City of South Bend, Indiana and has knowledge, <br /> experience and expertise in property acquisition and development; and <br /> WHEREAS, the Commission has determined that due to DTSB's knowledge. <br /> experience and expertise, it is in the best interests of the Commission to retain DTSB's <br /> services to assist the Commission in accomplishing the Project; and <br /> WHEREAS, DTSB is willing to assist the Commission in its efforts by providing <br /> the Requested Services which are more specifically described below and in EXHIBIT <br /> "A"and are subject to the terms and conditions of this Agreement; and <br /> WHEREAS, the Commission has appropriated funds for the Project in the <br /> amount of Two Hundred Fifty Thousand Dollars ($250,000), including funds for the <br /> Requested Services, as required by Indiana Code § 5-22-17-3; and <br /> WHEREAS, the Provider has provided management services to the Commission <br /> for certain parking lots as further described herein, and the Commission intends to retain <br /> such services of the Provider and share the revenues from the parking lots as described in <br /> this Agreement. <br /> NOW, THEREFORE, it is agreed between the parties as follows: <br /> SECTION 1. Definitions. For purposes of this Agreement, the following <br /> terms have the meanings referred to in this Section: <br /> City Controller: The term "City Controller' shall mean the City Controller <br /> or Acting City Controller appointed pursuant to Indiana <br /> Code § 36-4-94. <br /> City's Internal <br /> Auditor: The term "City's Internal Auditor" shall mean the City <br /> Controller or any person appointed or retained by the City <br /> Controller or the Commission for the purpose of auditing <br /> the Provider for this Agreement or other agreements of the <br /> City. <br /> Commission: The term "Commission" shall mean the South Bend <br /> Redevelopment Commission, the governing body of the <br /> City of South Bend Department of Redevelopment <br /> 2 <br />