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L pr- <br />RESOLUTION NO. 2169 <br />A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION <br />APPROVING THE EXECUTION OF AN AGREEMENT FOR PURCHASE AND <br />SALE OF REAL ESTATE RELATED TO REAL PROPERTY AND <br />IMPROVEMENTS LOCATED AT 1303, 1315, AND 1321 -1323 SOUTH <br />MICHIGAN STREET IN THE <br />SAMPLE -EWING DEVELOPMENT AREA AND ACCEPTING TITLE TO SAID <br />PROPERTIES <br />WHEREAS, the South Bend Redevelopment Commission ( "Commission ") is the <br />governing body of the City of South Bend Department of Redevelopment and pursuant to <br />I.C. 36- 7 -14 -1 et seq, the Commission. has -the duty to,promote the use of land in a manner <br />that best serves the interests of the City of South Bend and its residents and further, may <br />acquire by purchase interests in real property in accordance the powers granted to the <br />Commission under I.C. 36 -7 -14; and <br />WHEREAS, Arthur T. Ford and Linette L. Ford, husband and wife, are the owners <br />of certain real property and improvements located within the Sample -Ewing Development <br />Area more commonly known and numbered as 1303 South Michigan Street and Arthur T. <br />Ford, individually, is the owner of certain real property and improvements more commonly <br />known and numbered as 1315 South Michigan Street, 1321 -1323 South Michigan Street, <br />St. Joseph County, Indiana (the aforementioned real property and improvements are <br />hereinafter referenced collectively as the "Kitty Kat Lounge Properties "); and <br />WHEREAS, J.R.'s Kitty Kat Lounge, Inc. ( "Kitty Kat, Inc. "), an entity doing <br />business at the Kitty Kat Properties, is a plaintiff in a lawsuit against the City of South <br />Bend filed in St. Joseph Superior Court as Cause No. 71D07- 0010 -CP -01348 and <br />captioned .IR.'s Kitty Kat Lounge, Inc. et al. v. The City of South Bend, an Indiana <br />municipal corporation, et al. ( "Lawsuit "); and <br />WHEREAS, Arthur T. Ford is a principal in Kitty Kat, Inc, and, in order to settle <br />the Lawsuit, Arthur T. Ford is willing to sell his interest in the Kitty Kat Properties to the <br />City of South Bend and Linette L. Ford is also willing to sell her interest in the Kitty Kat <br />Properties to the City of South Bend; and <br />WHEREAS, the South Bend Common Council, fiscal body of the City of South <br />Bend, has previously appropriated the sum of One Hundred Seventy Five Thousand and <br />is <br />