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the City of South Bend; and <br />WHEREAS, the South Bend Common Council, fiscal body of the City of South Bend, <br />has previously appropriated the sum of One Hundred Seventy Five Thousand and 00/100 <br />Dollars ($175,000.00) in settlement of the Lawsuit with Kitty Kat, Inc. and to complete the <br />acquisition of the Kitty Kat Properties; and <br />WHEREAS, the care, custody and control of City real estate is vested in the Board <br />of Public Works ("Board") pursuant to I.C. 36-9-6-3; and <br />WHEREAS, the Board, desires that title to the Kitty Kat Properties be vested in the <br />"City of South Bend, for the use and benefit of its Department of Redevelopment" in order to <br />facilitate the South Bend Redevelopment Commission's efforts in redeveloping the area <br />known as the Sample-Ewing Development Area; and <br />WHEREAS, the City of South Bend, Department of Redevelopment, acting by and <br />through its governing body, the South Bend Redevelopment Commission ("Commission") <br />desires to accept title to the Kitty Kat Properties; and <br />WHEREAS, the Board and the Commission desire to enter into an agency agreement <br />wherein the Commission shall act as the Board's agent with respect to taking title and <br />possession of the Kitty Kat Properties and other related matters, a copy said Agency <br />Agreement is attached hereto and incorporated herein as Exhibit "N'. <br />NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment <br />Commission as follows: <br />Section 1. The Commission hereby approves of the Agency Agreement in the form <br />attached hereto as Exhibit "A" with such changes as the Commission may deem necessary or <br />14-.\VIPDATA\PROJECTS\SEDA\KITTYKAT%AGENCYAGfvfr-BPW&RC-050516.DOC <br />