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developed by the County, said easement to remain in <br />effect until such time as storm water sewers are <br />installed to serve the Real Estate. <br />WHEREAS, pursuant to I.C. 36 -2 -2, the Board of County <br />Commissioners (the "Board ") has custody of and may maintain all <br />real property of the County; and <br />WHEREAS, pursuant to I.C. 36- 1 -11 -8, the County may <br />exchange or transfer property with another governmental entity upon <br />terms and conditions agreed upon by the two (2) entities as <br />evidenced by the adoption of substantially identical resolutions of <br />each entity; and <br />WHEREAS, the City of South Bend, Department of <br />Redevelopment, acting through the Commission and pursuant to I.C. <br />36- 7- 14- 12.2(a)(3), may exchange or transfer property with another <br />governmental entity upon terms and conditions agreed upon by the <br />two (2) entities as evidenced by the adoption of substantially <br />identical resolutions of each entity; and <br />WHEREAS, the Commission desires to sell and convey the <br />Real Estate to the St. Joseph County and agrees to the conditions <br />set forth above and the County, acting by and through the Board, <br />has agreed to purchase and accept conveyance of the Real Estate <br />from the Commission under these conditions. <br />NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND <br />REDEVELOPMENT COMMISSION AS FOLLOWS: <br />1. That the sale of the real property described at <br />Exhibit "A," hereto and situated in St. Joseph County, Indiana by <br />the City of South Bend, Department of Redevelopment to St. Joseph <br />County, Indiana for the sum of Three Hundred Thirty -six Thousand <br />Nine Hundred Fifty Dollars ($336,950.00) and subject to the <br />following conditions: <br />1. The Real Estate shall be sold "as is," with no <br />warranties or representations as to its condition made <br />by the Commission; <br />2. The Commission shall furnish the County a title <br />insurance policy which insures the County's title in a <br />sum equal to the purchase price and subject only to: <br />a. Building and use restrictions in the Sample - <br />Ewing Development Area Development Plan (and its <br />covenants). <br />b. Applicable building codes and zoning <br />ordinances. <br />C. Any and all other covenants, restrictions, <br />easements and reservations of record. <br />