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RESOLUTION NO. 2800 <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 seq. 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 November 02, 2010, the Commission adopted a Resolution <br />setting the Acquisition Offering Price and authorizing staff to present an offer to Patricia <br />A. Enyart Revocable Trust dated the 22nd day of September 2006, as amended, as owner <br />of the Property (the "Owner ") in an amount not to exceed the Acquisition Offering Price <br />along with the payment of expenses incidental to the conveyance and determination of <br />the title of the Property; and <br />WHEREAS, the staff has presented the Owner an offer for the Acquisition <br />Offering Price as authorized, which the Owner rejected; and <br />WHEREAS, the Owner has provided a counteroffer to the Commission for <br />$190,160.00, 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 />Commission 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 />Assignment of the Purchase Agreement and /or the Purchase Agreement with such <br />