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is to increase the number o[ jobs in the Cit}~ by retention and expansion of existing <br />businesses and attraction and development of new businesses and to impro~~c the quality <br />of life 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 taw and exempt li~om federal income taxation trader Section <br />~Ol (c)(>) of the Internal Revenue Codc, as evidenced by the copy of the Indiana <br />Secretary of State's Certificate ot~ Iixistence for the Organization and the copy of its "fax- <br />exemption Letter issued by the Internal Revenue Service, respectively attached as <br />Appendix II and Appendix III: and <br />WHEi2EAS, the Organization further represents that it is a neighborhood <br />development corporation, as such term is used in Indiana ('ode § 36 7-14 (the "net"). <br />and that is has taken all corporate action necessary to enter into this Agreement and <br />WIIERF.AS, the Organization has the expertise and resources to provide for, <br />oversee and administer the Program: and <br />WHEREAS, the City is empow~cred under Indiana Code ti 36-7-14- <br />12?(a)(26)(B) to enter into this Agreement to provide for the construction, rehabilitation <br />or repair of commercial property with the boundaries of the South Bend Redevelopment <br />District: and <br />WHEREAS, the South Bend Common Council the legislative body of the City, <br />pursuant to Ordinance No. 9737-07, has appropriated One Million and 00/100 llollars <br />($1.000.000.00) to be used within the City's commercial corridors with approximately <br />Three hundred Sixty five Thousand and 00/100 Dollars (536.000.00) being allocated to <br />the Corridor: and <br />WHERh;AS, the Commission desires to allocate fbr the Program under the terms <br />of~ this Agreement Thirty live Thousand and 00/100 Dollars ($31.000.00) (the "Contract <br />Amount") as a portion of the share allocated to the Corridor, and as required by Indiana <br />Codc ~ ~~-22-17-3, the Contract Amount does not exceed the amount appropriated for <br />such purpose: and <br />WHEREAS, the City believes that the actions contemplated by this Agreement <br />arc in the best i~lterests of the health, safety and ~-welfare of the City and its residents and <br />that such actions comply ~,vith the public purposes and applicable proy~isions of state and <br />local law: and <br />NOW THEREFORE, for and in consideration of the mutual covenants and <br />promises contained herein, the City and the Organization hereby a~~rcc as follows: <br />L Contrcu! ,Imounl cn~cf Term. "I he Organization shall provide the programs <br />and services set forth at lxhibit A on behalf of the Cite. for the Contract Amount for the <br /> <br />