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RESOLUTION NO.3q
<br />RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
<br />TERMINATING A CONTRACT FOR SALE OF LAND FOR PRIVATE
<br />DEVELOPMENT BETWEEN JEFFCOURT, INC. AND THE SOUTH BEND
<br />REDEVELOPMENT COMMISSION DATED JUNE 6, 2008, AND A DEVELOPMENT
<br />AGREEMENT BY AND BETWEEN SOUTH BEND REDEVELOPMENT
<br />COMMISSION AND JEFFCOURT, INC. DATED JUNE 6, 2008
<br />WHEREAS, on June 6, 2008, Jeffcourt, Inc., a Corporation organized under the laws of
<br />the State of Indiana, and having its principal place of business at 1000 East 801h Place, Suite 600
<br />North, Merrillvile, Indiana 46410 ( "Jeffcourt") and the South Bend Redevelopment Commission,
<br />the governing body of the City of South Bend, Indiana, Department of Redevelopment
<br />established and operating under Indiana Code § 36- 7 -14 -1, et. seq. as amended (the "Act ")
<br />having its office at 1200 County City Building, South Bend, Indiana (the "Commission ") entered
<br />into a Contract for Sale of Land and Private Development (the "Contract ").
<br />WHEREAS, September 3, 2008, a First Amendment to the Contract was entered into
<br />between Jeffcourt and the Commission; and
<br />WHEREAS, on June 6, 2008, a Development Agreement was entered into by and
<br />between Jeffcourt and the Commission ( "Development Agreement "); and
<br />WHEREAS, the Contract, First Amendment to the Contract, and Development
<br />Agreement were recorded in the Office of the Recorder of St. Joseph County, on April 6, 2009,
<br />as Document Numbers 0911110, 09111111, and 0911112; and
<br />WHEREAS, on April 12, 2011, the Commission authorized attorney Richard A.
<br />Nussbaum, II to send notices of default in the Contract and the Development Agreement to
<br />Jeffcourt; and
<br />WHEREAS, on April 14, 2011, Richard A. Nussbaum, II sent certified mail - return
<br />receipt requested and also priority mail delivery confirmation, notices of default for the Contract
<br />and a separate letter of the same date and by the same method of delivery for the Development
<br />Agreement; and
<br />WHEREAS, proof of the mailing of the sending of these notices of default and proof of
<br />receipt of the notices of default have been filed with the Commission; and
<br />WHEREAS, the notices of default were sent to the addresses as required pursuant to the
<br />terms and conditions of the Contract and Development Agreement; and
<br />WHEREAS, Jeffcourt has failed to cure the defaults described in the notices; and
<br />WHEREAS, the Contract and the Development Agreement provide the Commission may
<br />terminate the Contract and the Development Agreement based upon these defaults.
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