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

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~'173RREAS, the Connnission desires to a~•ail itself of SBHF's expertise and to retain its services_ and ~',~HEREAS; the Commission and SBHF ~~sh to memorialize the terms and conditions of their agreement. i~0~~', THEREFORE, in consideration of the mutual promises and obligations expressed in this Agreement, the adequacy of ti~hich consideration is hereb~~ ac]:no~~ledged, the Commission and S73I3F agree as follows: SECTIOi17.0 RECITALS. The Recitals sel forth above are a part of this Agreement for all purposes. SECTION 2.0 .APPOI'STIl1E'~T A?~D At'THORITY OF SBI7F. ?1 The Commissian hereby retains SB1dF to pro~~ide the sen'ices described in this Agreement as "Project Activities` and hcrebti~ authorizes SF3HP to exercise such po~~-ers ~yith respect to the performance of said seryicCS as ma}' be reasonable necessan~ for the performance of SBHF~s obli~~ati~~lis as described in this Agreement, and SBHF accepts such appointment on the terms and a~nditions set forth herein. 2.2 "The Commission herebe empo~~,-ers and appoints SBHF to act as the Commission's a~~ent for the limited purpose of contracting for sur~~e~ s and title ~~>ork related to Project Activities in accordance ~~ith the terms ar~d conditions ofthis A<~rec'ment and the e~:hibits thereto. 5B7I}= sha]J obtain title work from either Meridian Title Corporation or Metropolitan Title Corporation or other such qualified title compam~ as approved h~~ the Commission and shall execute such agreements as are reasonable and necessary on behalf of and as anent for the Commission. 2.3 This limited a~~encv appointment be tt~e Commission to SBHF shall immediatel~~ terminate upon breach b~• SBHF of this Agreement and the Commission shall provide vv~-itten notice to SBHF at icast fourteen (14) da~~s in advance of the date of termination of agency. "I-he authority and appointr~tent of SBHF herein is further limited b}~ the terms and conditions set forth in this Agreement 2.4 "hr,c agenc~° prm~isions contained herein apple onle as stated and steal] not be deemed to create ane partnership. joint venture or .other enterprise of an~~ t~~pe or nature bett~,~een the Soutn Bend Redevelopment Commission and South Bend Heritage Foundation, Inc. SECT10'~~ 3.0 CO'~7'~TiSSIO'~ OI3LlG.~TI01S. 3.1 The Commission. shall make funds a~~ailable to SBHF from tax increment rep enues generated ~a~ithin the Deg eJopment Area during the period comrnencin~~ January i . ?OG6 i:.,.~~1'U'.7A`.I'RO'~iCTCF"UC4 531sP,Ti~' ~GI~E:IV1I ~~ V'4 ~If:. ~; X>;