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

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4.I Project AcYi~•ities; C~se of TIF Re~•enucs. SBHF hereh~ a~recs to perform the follors~ing sen~ices subject to the conditions set forth as follo~~s: (a} SBHF shall perform the services described at Exhibit "B" attached hereto and incorporated herein (`Project Activities") and SBIIF shall utilize the TIF Revenues identif ed in this Agreement for cam~ing out said Project Activities. (h) SBHF hereby aclno~~~ledr~es that the use of TIF 3evenues is gor~emed by IC ~6-7- 14, et seg. and hereb~~ agrees that it shall undertake al] Project Act;vities ul a manner consistent ~~.ith the requirements of IC ~6-"-14, et sey. and the regulations related to same. SBHF further agrees that it shall ensure that its commitment to the expenditure of any 'hIF Res~enue shall compl}' ss~th all governin<~ federal, state ~~d local law- including, but not limited to, public bidding and common sa~age reyuirements, as applicable. (c) SBHF agrees to compl~~ with the provisions of the uniform Relocation, Assistance and Rea] Propert~~ Acquisition Policies .Act of l I70. (42 U.S.C. 4601). as amended, and the regulations at 24 CFR ~76.~9, which may be amended from time to time, as applicable, in al] property acquisitions negotiated on tl:e Conunission's behalf. (d) SBIIF shall seek prior s~ritten approval from the Commission before making any material change to the Project Activities including, but not limited to, am' new projects that are subsequcnth° proposed by ST3l II= and approved b~~ the Commission. Tor purposes of this Agreement "material change" shall mean any actis~it~~ or action that wauld result in a ] 0% or more increase in the cost as expressed in the Project Bud~~et described at Exhibit "C" attached hereto and incorporated herein. (e) SBHF understands and hereby agrees that any real propcm~ negotiated b~~ S13I-IF for acquisition on the Commission's behalf and utilizing "hIF Revenues under the terns of this .`~~~reemcnt shall be shall be accomplished bs° v~~~rant~~ decd tendered in the name of the "Cits~ of South Bend,. for the use and benefit of its departn~eni of redes~elopment" in accordance with IC 36-7-14-19. (f) SBIIF understands and hereby a~urees that real or personal propem~ o~~ned b~ the Corrnnission shall not he disposed of b}~ sale or lease ss~ithout prior s;itten consent of the Con~n7ission and u~at any proceeds recei~~ed therefrom shall be returned to the Commission for its future use in the Development Area. (g) SBHF shall ensure that p:opertl~ acquired by SBIIF on the Commission's behallis secured in accordance v,ith al] applicable local and state code related to same and shall be responsible for keepil:g the Corrumission informed of anv maintenance issues that arise related to said propem°. SECTION ~.0 DISTRI33i'Tl0'~ OF TIF RE~-E'\l,~ES; AD'~7I;AISTRATIVE }ZEQLIRE'~~E'~ TS. G li.'w i'~ ,T ,J'KU 6CTS.AA~~~A~.A t,~l'.^'I~i'~.~~i R7i'..~ i!~l A'G 0.,. _;.DOC