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AGENCY AGRF,F,MGNT <br />"this Agency Agreement, made and entered into as of the day of <br />2008, by and between the South Bend Department of Kedevclopment, <br />acting by and through its Redevelopment Commission (the "Commission") and the City of South <br />Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the <br />State of Indiana, acting by and through its Board of Public Works (the "BPW") for purposes of <br />the Commission designating the BPW to act as the Commission's agent to oversee the relocation <br />of the Kankakee-Colfax 34.5 kV transmission line and all distribution lines by AMERICAN <br />ELECTRIC POWIiR (the "Project") located on properties owned by the Commission (the <br />"Properties"). <br />WITNESSETH: <br />WHEREAS, at a meeting on <br />adopted its Resolution No. <br />2008, the Commission <br />authorizing the BPW to act as its agent with <br />respect to the Project which is located in the City of South Bend, Indiana; and <br />WHEREAS, at a meeting on <br />Resolution No. <br />2008, the BPW adopted its <br />approving and authorizing the execution of an <br />agency agreement with the Commission; and <br />WHEREAS, the Commission and the BPW desire to enter into this Agency Agreement <br />in order to permit the completion of the Project pursuant to the terms and conditions contained <br />herein; and <br />WHEREAS, the BPW desires to act as the agent of the Commission for the purposes set <br />forth herein. <br />