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~c~;~~ <br />RESOLUTION NO. 2721 <br />RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER <br />FOR THE ACQUISITION OF PROPERTY IN THE <br />AIRPORT ECONOMIC DEVELOPMENT AREA <br />WHEREAS, under the authority granted by Indiana Code ~ 36-7-14, et sey. and <br />in furtherance of the Airport Economic Development Area Development Plan (the <br />``Plan''), the South Bend Redevelopment Commission (the "Commission'') has <br />determined that it is necessary to acquire unencumbered fee simple interest in certain <br />property located within the area heretofore designated as the Airport Economic <br />Development Area (the "Area") within the City of South Bend, Indiana (the "City"), <br />which property is more particularly described at Exhibit A attached hereto and <br />incorporated herein (the '`Property'); and <br />WHEREAS, on July 09, 2010, the Commission adopted a Resolution setting the <br />offering price (the "Offering Price"") and authorizing staff to present an offer to Craig <br />Ungerecht, as owner of the Property (the "Owner'") in an amount not to exceed the <br />Offering Price along with the payment of expenses incidental to the conveyance and <br />determination of the title of the Property; and <br />WHEREAS, the staff has presented the Owner an offer for the Offering Price as <br />authorized, which the Owner rejected; and <br />WHEREAS, the Owner has provided a counteroffer to the Commission for <br />~?~,000.00, plus relocation and other expenses related to the acquisition; and <br />WHEREAS. the staff has reviewed the counteroffer and determined that the <br />proposal is reasonable in light of the appraisal amount, conditions in the area, and the <br />amount of announced development in the immediate area; and <br />WHEREAS, the Commission has completed its acquisition procedures for the <br />Property and sufficient funds are available for the purchase of the Property; <br />NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment <br />Connnission that: <br />1. The Commission hereby finds that the consideration set forth in the <br />Purchase Agreement is reasonable considering the circumstances and that it is in the best <br />interest of the citizens of the City and the South Bend Redevelopment District and <br />consistent with the purposes and requirements set forth in Indiana Code ~ 36-7-14 to <br />accept the counteroffer evidenced in the Purchase Agreement. <br />2. The Commission hereby approves and accepts the Purchase Agreement <br />and authorizes the President and the Secretary to execute and attest, respectively, the <br />Assigmnent of the Purchase Agreement and/or the Purchase Agreement with such <br />changes in form or in substance as they deem to be necessary or appropriate to complete <br />