No. 2316 approving execution of an agency agreement with the Board of Public Works relating to the All American Plaza Project

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EXHIBIT A AGENCY AGREEMENT This Agency Agreement ("Agency Agreement"), made and entered into as of the day of February, 2007, by and between the South Bend Redevelopment Commission ("Commission") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works ("Board") for purposes of the Commission designating the Board to act as the Commission's agent in order to rehabilitate the facade of the former All American Bank Building located 101 N. Michigan Street ("Property") and to fund and direct certain improvements to the exterior facade of the building in which Commission holds an easement interest and any other matters related to the construction of the All American Plaza redevelopment project ("Project") . WITNESSETH: WHEREAS, at a meeting on February 16, 2007, the Commission adopted Resolution No. 2316. WHEREAS, at a meeting on February , 2007, the Board adopted Resolution No. WHEREAS, the Commission and the Board desire to enter into this Agency Agreement ("Agreement") in order to permit the construction of the Project pursuant to the terms and conditions contained herein; and WHEREAS, the Board desires to act as the agent of the Commission for the purposes of constructing the Project in accord with the plan for redevelopment of the Property; NOW, THEREFORE, in consideration of the mutual covenants and promises herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties 1