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• <br />RESOLUTION N0.2338 <br />A RI~.SOLU'TION Ol+ <br />THE SOUTI~I 13ENU REDEVELOPMENT COMMISSION <br />RATIFYING, CONFIRMING AND APPROVING <br />AN ESCROW TF,RMINATION AGR~EMF,NT RELA'1'Ell TO <br />TELL A.J. WRICHT DISTRI13UTlON CLN'1'ER PROJECT <br />(Sample-Ewing Development Area) <br />WI-IERI:AS, at its meeting o1~Apri1 20, 2007, the South [3end Redevelopment Commission <br />("Commission") adopted its Resolution No. 2332 thereby acknowledging and approving certain <br />actions and authorising and approving the execution ol~certain documents related to the A.J. Wright <br />Distribution Center Project ("Project"); and <br />WHF,RI?.AS, Resolution No. 2332 contemplated that, upon advice ol~ legal counsel, the <br />Commission would enter into certain formal agreements including, but not limited to, a First <br />Amendment to Contract for Sale o1~1_and, a Certificate of Completion, a Closing Statement, and any <br />other agreements that, L-pon advise of legal counsel, would be necessary to effect the transaction as <br />presented to the Commission at the April 20`x' meeting; and <br />WI IGRI,AS, Resolution No. 2332 further recognised that time was of the essence in order to <br />accomplish these actions and that completion of the paperwork related to the transaction may require <br />immediate action inconsistent with the Commission's regular meeting schedule; and <br />WI-1FRI;AS, Che-yl A. Greene is a duly licensed attorney in good standingiopractice law in <br />the State ol~ Indiana serving as Assistant City Attorney to the City of South Bend; and <br />WHFR1?AS, Attorney Greene has served as legal counsel to the Commission for various <br />purposes including, but not limited to, negotiation and preparation of the docrunents necessary to <br />accomplish the Project; and <br />WIIBREAS, in order to 1-acilitate the Project and in order to expedite the actions <br />contemplated by Resolution No. 2332, Attorney Greene has heretofore prepared and executed a <br />II:AWPI)alaANrojccls\sliUA\I)isUibuliunClrAKesulutions\R2138-RaliCyinglacrow 'rcrminulion_07050A.dos <br />