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v <br />NOW THEREFORE, BE IT RESOVLED by the South Bend Redevelopment <br />Commission as follows: <br />Section 1. The Commission hereby finds it has fully complied with all terms and <br />provisions of the Contract and the Development Agreement, and further finds Jeffcourt has (i) <br />breached the terms and conditions of both the Contract and the Development Agreement; (ii) has <br />been provided with notice of the defaults; (iii) failed to cure the defaults; and (iv) there is a <br />reasonable basis for the Commission to terminate both the Contract and the Development <br />Agreement. <br />Section 2. Based upon the findings described in this Resolution, the Commission hereby <br />terminates the Development Agreement between the Commission and Jeffcourt recorded April 6, <br />2009, in the Office of the St. Joseph County, Indiana Recorder as Instrument Number 0911110, <br />and the Contract for the Sale of Land for Private Development and the First Amendment to <br />Contract for Sale of Private Development recorded April 6, 2009 in the Office of the St. Joseph <br />County, Indiana Recorder as Instrument Numbers 0911111 and 0911112. <br />Section 3. The Resolution shall be in full force and effect after its adoption by the <br />Commission. <br />Section 4. Commission staff members are authorized to execute on behalf of the <br />Commission any documents necessary and take all further actions to carry out the intent of this <br />Resolution, including but not limited to, recording this Resolution in the Office of the Recorder <br />of St. Joseph County, Indiana providing constructive notice of this termination. <br />ADOPTED at a meeting of the South Bend Redevelopment Commission held on August <br />23, 2011, at 4:00 p.m. in room 1308, County -City Building, 227 West Jefferson Boulevard, <br />South Bend, Indiana 46601. <br />(SIGNATURES CONTAINED ON FOLLOWING PAGE) <br />2 <br />