Purchase Agreement - David & Kimberly Milligan - 2108 Mishawaka Avenue

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PURCHASE AGREEMENT THIS AGREEMENT, entered into this day of Mal ph , 2017, by and between, David P. & Kimberly J. Milligan, 2108 Mishawaka Ave., South Bend, Indiana 46615, hereinafter referred to as the "Seller," and the City of South Bend, acting by and through its Board of Public Works ("Board"), a municipal corporation of the State of Indiana, hereinafter referred to as the "City." WITNESSETH: WHEREAS, IC 32-24-1 establishes the procedures for the acquisition of property to be condemned by the City; and WHEREAS, the Board is empowered to carry out the provisions of said statute; and WHEREAS, the City has determined that the acquisition of 2108 Mishawaka Ave. ("Property") is in the best interest of the City and its future public safety needs; and WHEREAS, consistent with the statutory requirements of IC 32-24-1, the Board conducted two (2) appraisals of the Property and submitted an offer equal to the average of those appraisals in the amount of Seventy Thousand Five Hundred Dollars ($70,500.00); and WHEREAS, the Seller rejected the City's offer and countered with an offer of Eighty Five Thousand Dollars ($85,000.00); and WHEREAS, the Board, upon the determination that the additional Fourteen Thousand Five Hundred Dollars ($14,500.00) countered by Seller was justified due to the uniqueness of the Properly and the avoidance of litigation expenses associated with a potential condemnation action, accepts Seller's offer of Eighty Five Thousand Dollars ($85,000.00); and NOW, THEREFORE, it is agreed by and between the parties hereto, and for and in consideration of the promises and the mutual covenants herein contained, as follows: The City agrees to buy the Property located in St. Joseph County, Indiana: Key No.: 018-6027-0745 for the sum of $85,000.00. 2. The City agrees to pay the purchase price and all closing and title commitment costs to Seller at the time of closing. Seller may remain in possession of the Property until June 1, 2017. 3. Seller agrees to remove any and all liens which may exist on the Property at or prior to closing, including prorated real estate taxes. 4. Seller, upon the approval of the City, may remove personal property affixed to the