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AGENCY AGREE~1ENT <br />This Agency Agreement, made and enter cd into as of the 17th day of October. ?008, by and <br />bet~a~cen the South Bend Department of Rede~~clopment, acting by and through its Rede~clopment <br />Commission (the ~-Conunission~~) and the City of South Bcnd_ Indiana. a municipal co~~x~ration duly <br />organized and existing pursuant to the la~~ s of the State of Indiana. acting by and through its Board <br />of Public Works (the °BPW") for purposes of the Conunissiou designating the f3P~~J to act as the <br />Commission's agent to undertake the construction of a °Sculpture Garden' (the "Project") located at <br />the Centwv Center leased by the Commission (the ~~Propcrty~~) <br />~~~1"TNESSETH: <br />WHEREAS, at a meeting on October 17. ?008, the Commission adopted its Resolution ~'o. <br />authorizing the BPW to act as its agent ~~~ith respect to the Project which is <br />located in the City of South Bend. Indiana: and <br />~~'HEREAS. at a meeting on October ?7. ?008. the BP~~% adopted its Resolution No. <br />appro~~ing and authorizing the etecution of an agency agreement ~~~ith <br />the Commission; and <br />~~'HEREAS. the Commission and the BP~~~ desire to enter into this Agency Agreement in <br />order to permit the completion of the Project pursuant to the terms and conditions contained herein; <br />and <br />WHEREAS. the BP~k' desires to act as the agent of the Commission for the purposes set <br />t~,rth herein. <br />