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~ C. ~~~ <br />RESOLUTION NO. 2505 <br />RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER <br />FOR THE ACQUISITION OF PROPERTY IN THE <br />AIRPORT ECONOMIC DEVELOPMENT AREA <br />WllF,REAS, under the authority granted by Ind. Code § 36-7-I4, et sey. and in <br />furtherance of the Airport Economic Development Area Development Plan (the "Plod'), <br />the South Bend Redevelopment Commission (the "Commissiod') has determined that it <br />is necessary to acquire unencumbered fee simple interest in certain property located <br />within the area heretofore designated as the Airport Economic Development Area (the <br />"Area") within the City of South Bend, Indiana (the "City"), which property is more <br />particularly described at Exhibit A attached hereto and incorporated herein (the <br />'`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 />Deister LLC as owners oP 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 />WIIEREAS, the Owner has provided a counteroffer to the Commission for <br />$39,000, which includes all expenses related to the acquisition; and <br />WHEREAS, the Commission desires to purchase the Property for $39,000, <br />approve the form of Contract for Purchase and Sale, and authorize the President and <br />Secretary of the Commission to execute and attest, respectively, the Contract for <br />Purchase and Sale on behalf of the Commission, with such changes in form or in <br />substance as the President and 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 />WHF,REAS, the Commission has completed its acquisition procedures for the <br />Property and sufficient funds arc available for the purchase of the Property; <br />NOW, "fHERI'TORE, I3E IT RESOLVED by the South Bend Redevelopment <br />Commission that: <br />1. The Commission hereby finds that the consideration set forth in the <br />Contract for Purchase and Salc is reasonable considering the circumstances and that it is <br />in the best interest of the citizens of the City and the South Bcnd Redevelopment District <br />and consistent with the purposes and requirements set forth in Indiana Code ~ 36-7-14 to <br />accept the counteroffer evidenced in the Conh~act for Purchase and Sale. <br />