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AGENCY AGREEMENT <br />WNIT FAIYADE IMPROVEMENT PROJECT <br />This Agency Agreement (the or this "Agreement') is made and entered into as of January 1, <br />2009, by and between the South Bend Department of Redevelopment, acting by and through its <br />Redevelopment Commission (the "Commission') and the City of South Bend, Indiana, a municipal <br />corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and <br />through its Board of Public Works (the "BPW'') for purposes of the Commission designating the <br />BPW to act as the Commission's agent to undertake the WNIT Fapadc Improvement Project (the <br />"Project'). <br />WITNESSETH: <br />WHEREAS, at a meeting on January 16, 2009, the Commission adopted its Resolution No. <br />authorizing the BPW to act as its agent with respect to the Project which is <br />located in the City of South Bend, Indiana; and <br />WHEREAS, at a meeting on January 26, 2009, the BPW adopted its Resolution No. <br />approving and authorizing the execution of an agency agreement with <br />the Commission; and <br />WHEREAS, the Commission and the BPW desire to enter into this Agreement in order to <br />permit the completion of the Project pursuant to the terms and conditions contained herein; and <br />WHEREAS, the BPW desires to act as the agent of the Commission for the purposes set <br />forth herein. <br />