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1 <br />RESOLUTION NO. 10-2024 <br /> <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH <br />BEND, INDIANA, REGARDING THE PURCHASE OF REAL PROPERTY LOCATED <br />AT 1150 E. MISHAWAKA AVE., SOUTH BEND, INDIANA <br /> <br /> WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) has <br />custody of and may maintain all real property owned by the City of South Bend, Indiana (the <br />“City”) pursuant to I.C. 36-9-6-3; and <br /> <br /> WHEREAS, the City, acting by and through the Board, may purchase land or structures <br />in accordance with the procedure stated in I.C. 36-1-10.5; and <br /> <br /> WHEREAS, on March 11, 2024, the South Bend Common Council approved Resolution <br />10-2024 pursuant to I.C. 36-1-10.5-5(1), and the Board intends to purchase the real property <br />located at 1150 E. Mishawaka Ave., South Bend, Indiana, and more particularly described in <br />attached Exhibit A (the “Property”); and <br /> <br /> WHEREAS, the Board has obtained two (2) appraisals, attached as Exhibit B, of the fair <br />market value of the Property in accordance with I.C. 36-1-10.5-5(2); and <br /> <br /> WHEREAS, the Board believes it is in the best interest of the City and its residents to <br />purchase the Property. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br /> <br />1. The Board hereby appoints Mr. Joseph Molnar, of the Department of Community <br />Investment and a member of the Board, as the Board’s authorized representatives in pursuing the <br />purchase of the Property and delegates to each of them all necessary authority to serve in the <br />Board’s place as purchasing agent under I.C. 36-1-10.5. <br /> <br />2. The Board hereby approves and will execute simultaneously with this Resolution <br />the form of purchase agreement attached hereto as Exhibit C. The Board instructs Mr. Molnar to <br />deliver a signed copy of the purchase agreement to the owner of the Property. <br /> <br />3. The Board acknowledges that its authority to consummate the purchase of the <br />Property, including the authority hereby delegated to Mr. Molnar, is expressly conditioned upon <br />South Bend Common Council’s approval of the purchase through Resolution 10-2024 in <br />accordance with I.C. 36-1-10.5-5(1). <br /> <br />4. This Resolution shall be in full force and effect upon its adoption. <br /> <br /> <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana <br />held on March 12, 2024, at 1308 County-City Building, 227 West Jefferson Boulevard, South