No. 2168 approving/authorizing execution of an agency agreement by/between the SB development commission and the City of South Bend, IN, board of public works relating to real property and improvements located at 1303, 1315, 1321-1323 S. Michigan St.

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• • • AGENCY AGREEMENT THIS AGENCY AGREEMENT ( "Agency Agreement" ), made and entered into as of the 20th day of May, 2005, 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 Board designating the Commission to act as the Board's agent in order to execute an agreement entitled "Agreement for Purchase and Sale of Real Estate" ("Purchase Agreement") in which the City, through the Commission, acquires interest in and title to certain real property and improvements located at 1303, 13 15, and 1321- 1323 South Michigan Streets ("Kitty Kat Properties") for the purposes of settling, in part, a lawsuit against the City of South Bend filed in St. Joseph Superior Court as Cause No. 711307 - 00 1 O-CP-O 1348 and captioned J.R. 's Kitty Kat Lounge, Inc. et al. v. The City of South Bend, an Indiana municipal corporation, et al. ("Lawsuit"). WITNESSETH: WHEREAS, it is anticipated that at a meeting on May 20, 2005, the Commission shall adopt its Resolution No. 2168 approving and authorizing the execution of an Agency Agreement relating to the Kitty Kat Properties. WHEREAS, it is further anticipate that at a meeting on May 23, 2005 the Board shall adopt its Resolution No. 40-2005 approving and authorizing the execution of an Agency H:\WPDATA\PROJECTS\SEDA\MTYKATAGENCYAGW-13PW&RC 050516,DOC [EXHIBIT A-