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is to increase the number of jobs in the City by retention and expansion of existing <br />businesses and attraction and development of new businesses and to improve the quality <br />of lice of City residents, improve their employability and fill jobs within the City with <br />City residents, and <br />WHEREAS, the Organization has represented that it is a duly existing <br />corporation under Indiana law and exempt I~rrnn federal income taxation under Section <br />~01(c)(3) of the Internal Revenue Code, as evidenced by the copy of the Indiana <br />Sceretary~ of State's Certificate oCExistence Cor the Organizatio^ and the copy of its Tax- <br />cxemption letter issued by the Internal [Zevenue Sergi°ice, respectively attached as <br />~'~ppcndix lI and At~Pcndix iii. and <br />WHEREAS, the Organization further represents that it is a neighborhood <br />development corporation, as such term is used in huiiana Code ~ 36-7-14 (the "net"). <br />ai7d that is I~as tal<cn all corporate action necessary to enter into ibis Agreement; and <br />WHEREAS, the Organization has the expertise and resources to provide 1'or, <br />oversee and administer the Pros ram; and <br />WHEREAS, the City is empowcsrd under Indiana Code ~ i6-7-14- <br />122(a)(26)(I3) to enter into this Agreement to provide Cor Urc construction, rehabilitation, <br />or repair oCcommercial property with the boundaries of the South Bend Redevelopment <br />District: and <br />WHEREAS, the South Bend Common Council, the le~~islative body of the City. <br />pursuant to Ordinance No. 9757-07. has appropriated One Million and 00/100 Dollars <br />($1.000,000.00) to be used ~~-~ithin the Cily~s commercial corridors v<ith approximately <br />!~wo llundred fifty Five Thousand and OOi 100 Dollars (52>j.000.00) being allocated to <br />the. Corridor; and <br />WHEREAS, the Commission desires to allocate for the Pro~ara~n tu~dcr the terms <br />of this Agreement Dive "hhousand and 00!I00 Dollars ($x,000.00) (the "Contract <br />/\mottnt") as a portioia oC the share allocated to the Corridor. and as required by Indiana <br />Code ~ 5-22-17-3, the Contract Amount does not exceed the amounC appropriated Cor <br />such purpose;and <br />WHEREAS. the Cite believes that the. actions amtemplated by this Agreement <br />are in the best interests of the health. safety and wcllare of the City and its residents and <br />that such actions compl}' ~-~'iih the public purposes and applicable provisions of state and <br />local law: and <br />~'OW THEREFORI?, for and in consideration of the mutual covenants and <br />promises contained herein. the Cite and the Organization hereby agree as Collo~tis: <br />~. Conn•uct ;1nx~ru~1 ar~d Tenn. hhc Organization shall pro~idc the programs <br />and services set f~~rth at 1?xhibit A on behall of the C'itr. for the Contract :lmounl fair the <br /> <br />