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~.C, C2~ <br />RESOLUTION NO. 2500 <br />RESOLUTION APPROVING AND ACCEPTING A COUNTF,ROFFER <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 se y. 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 Bcnd, 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 September 5, 2008, the Commission adopted a Resolution <br />setting the offering price (the "Offering Price") and authorizing staff to present an offer to <br />Terrance J. Findley, Jr., as owner of the Property (the "Owner") in an amount not to <br />exceed the Offering Price along with the payment of expenses incidental to the <br />conveyance and determination of the title of the Property; and <br />WIIEREAS, 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 />$46,000.00, which includes all expenses related to the acquisition; and <br />WHEREAS, the Commission desires to purchase the Property for $46,000.00, <br />approve the form of Purchase Agreement, and authorize the President and Secretary of <br />the Commission to execute and attest, respectively, the Purchase Agreement on behalf of <br />the Commission, with such changes in form or in substance as the President and <br />Secretary may approve; and <br />WHEREAS, the staff has reviewed the counteroffer and determined that the <br />proposal is reasonable in light of the appraisal amount, and conditions in the area, and <br />WHEREAS. the Commission has completed its acquisition procedures for the <br />Properly and sufficient funds are available for the purchase of the Property; <br />NOW, "THEREFORE, BE I"I' RESOLVED by the South Bend Redevelopment <br />Commission that: <br />1. The Commission hercbv finds that the consideration set forth in the <br />Purchase Agreement is reasonable considering the cirewnstances and that it is in the best <br />interest of the citizens of the City and the South Bcnd 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 />