6.D.(1) Contract with South Bend Heritage

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CELL AGREEMENT BY AND BET~~'EEN THE SOl/'~TH I3E1~D REllE«LOPnIENT COMMISSION AND SOUTI3 BEND HERITAGE FOCNDATION, INC. RELATED TO THE ~~'EST V4'ASHiNGTON-CIE~T'IN DEVELOI'ME'~T AREA THIS AGREEMENT, made on ~~.~.~~~-~ 3 , 2006 by and between the South I3cnd Rede~~elopment Commission ("Commission") hang its offices at 1200 County-Cite Building, 227 \~'est Jefferson; South Bend. Indiana 46601, and South Bend Heritabe Foundation, Inc., a not-for-profit domestic corporation organized under the laws of the State of Indiana ("SBHF"); and having its principal place of business at 803 Lincolnway V~'est, South Bend, Indiana 466] 6. R1,CITAL S ~'t'HEI2EAS, the Commission is the s~oveming bode of the Cite of South Bend Department of Rede~~elopment ("Department") and exists and operates under the pro~~isions of 1.C. 36-7-14, commonl~~ kno~~~n as the "Redevelopment of Cities and Toms Act of ] 9~3", as amended lrom time to time (`Act"); and '~'l'HEREAS_ pursuant to the Act, the Commission has the po~~er and dutJ~ to in~~cstigate. stud~~. quid surve~~ areas ~~~thin the corporate boundaries of the City of South Bend that the Commission has determined to he blighted within the meaning of the Act and to redevelop said areas in a manner that ~~111 promote ]and use in order to serve the best interests of the Cite and its inhabitants; and ~~'IIEREAS. 4~e Commission has determined that the area described nn Eahihit "A° attached hereto and incorporated herein ~s blighted ~~~thin the mewling of the Act and in accordance ~~ith the powers granted the Commission, has designated the area as the "~~'est l~'ashin<~ton-Chapin Development Area" ("De~~elopmeni hrea") and further, has desi~~nated the Development Area as an allocation area for purposes of tax increment financing: and ~~'HEIZEAS. the Commission has adopted the ~~'est V~'ashington-Chapin De.°elopment 'area Deg°clopment Plan ("Development Plan') in order to facilitate redevelopment of the Development Area and intends to utiJiz.e cenain tax increment revenues identified and described in this Agreement in accomplishing redevelopment actin°ities as permitted b~, I.C. 36-7-14; and VI'HERE.AS, SBHF is anot-for-profit organization created for the purpose of planning. directive and coordinating economic and communit,~ revitalization ~a-itltin rile City of South Bend. including the area described at Eahihit "A''. and ~~"I-IEI2E.AS. SBHF is ti~L'in~~ to assist Lhe Commission it accomplishing its Development Plan; and