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

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and ending December ~ ]. 2007 (`7-I1 Revenues") for use in catr~ trig out those redevelopment acti~~ities more specificall.' described at Exhibit "T3" attached hereto and incorporated herein ("Project Activities"). The purpose and intent of the Conmvssion`s commitment of TIF Revenues is to facilitate the accomplishment of the Development Plan for the Development Area utilizing SBHFs services and expertise. 3.2 The TIF Revenues are estimated to be sufficient to carry out the Project Activities described at Exhibit "I3". 33owe~~er; the Parties understand and hereby acknoti°]edge that actual T1F Revenues are dependant upon a numtaer of factors that are hevond the control of either pam including, bat not limited to, the amount of tax increment generated ~~~thin the Development Area during the prescribed time period. Ho~~cyer. to the extent that the TIF Revenue identified in this Agreement is available. the Commission hereb}~ commits said TIF Revenue to those Protect Activities more specifically described at Exhibit "B". In the event that SBHF does not expend all TIF Revenue identified in tlvsngreement prior to the expiration of this Agreement, or t'~c Project Acti~~ities are cancelled or do not oihervise occur, or this A~~reement is tern>inated for any reason, the TIF Revenue shall revert under the sole authority and discretion of the Commission and SBHF shall have no further right to seek pa~~ment from the Commission. 3.3 In the e~~e~~t that "I1I' Revenues arc insufficient to accomplish the Project Activities identified at Exhibit "B", the Conmzission shall seek input from SBHF as to ~~$ich Protect Activities should be eliminated or reduced in order to maximize redevelopment of the lle~~elopment !Area. No~~.~eycr. all decisions of the Commission are final and conclusive. 3.4 Commission shall pay to SBll1~ a reasonable project management fee ("1vlanagemcnt Fee'~I in an amount not to exceed ten percent (I0°,~) of the actual and necessary sums expended on Project .Activities as evidenced h~~ ~~inen documentation submitted by SBIdF to the Commission in accordance s~,ith S~,C'T10~ 5.0. bclo~a~. Such Management Fce is pa~~able to SBIIF soleh~ from TIF Revenues as they are defined in this Agreement and shall not constitute an additional sum m~er and above the TIF Revenues identif ed in this A~~reement. 3.5 TII' Revenues shall be distributed in accordance ~~th SEC"C70'~ 5,0 of this Agreement and shall include distribution for pa~~ment of a;lo~~able Project Acti~~ities and the Mana~~ement l=ee to SBI-1F as pro~~ided above. 3.(, Pmpert~~ acquired b~~ SBHF in the Comrnission's name sha7] be insured by tine Commission through the Cite of South Bends propem~ insurance policy. as pem»tted be lam-, in accordance ~~th the terns of said palicy. 3.? The Commission shall be responsible for maintenance of Propem acquired by SBHF in the Commissions nam:. including la~~~~ mow7ng. SE('T]O'~ 4.0 S[3HF'S OBLIGATIO'~S. Fi .-.'i']). 7AlPi:.!P ~'S F.-P'• S3!3F1~' +(~iCE!IS1!;!~'1 A'4 Or '~~_JC1C