No. 2948 approving/accepting a counteroffer for the acquisition of property in the WWCDA (802 W. Washington St.)

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fh�l RESOLUTION NO. 2948 RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER FOR THE ACQUISITION OF PROPERTY IN THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and in furtherance of the West Washington Chapin Development Area Development Plan (the "Plan "), the South Bend Redevelopment Commission (the "Commission ") has determined that it is necessary to acquire unencumbered fee simple interest in certain property located within the area heretofore designated as the West Washington Chapin Development Area (the "Area ") within the City of South Bend, Indiana (the "City "), which property is more particularly described at Exhibit A attached hereto and incorporated herein (the "Property "); and WHEREAS, on October 25, 2011, the Commission adopted a Resolution setting the Acquisition Offering Price and authorizing staff to present an offer to Indiana Land Trust 308/08, as to the South One Hundred Fifty (150) feet and John Freidline, as to the North Forty -eight (48) feet, as owner of the Property (the "Owner ") in an amount not to exceed the Acquisition Offering Price along with the payment of expenses incidental to the conveyance and determination of the title of the Property; and C11 WHEREAS, the staff has presented the Owner an offer for the Acquisition Offering Price as authorized, which the Owner rejected; and WHEREAS, the Owner has provided a counteroffer to the Commission for $441,000.00; and WHEREAS, the staff has reviewed the counteroffer and determined that the proposal is reasonable in light of the appraisal amount, conditions in the area, and the amount of announced development in the immediate area; and WHEREAS, pursuant to IC 36- 7 -14 -19 (b), the South Bend Redevelopment Commission finds that the Owner's counteroffer is reasonable and in the best interests of the residents of the community and acceptance of the Owner's counteroffer is specifically authorized by the Commission; and WHEREAS, the Commission has completed its acquisition procedures for the Property and sufficient funds are available for the purchase of the Property; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. The Commission hereby finds that the consideration set forth in the ILI Purchase Agreement is reasonable considering the circumstances and that it is in the best interest of the citizens of the City and the South Bend Redevelopment District and