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~~ L', ~~~ <br />RESOLUTION NO. 2510 <br />RESOLCTION APPROVING AND ACCEPTING A COCNTEROFFER <br />FOR TIIE ACQUISITION OE NROPERTY IV THE <br />AIRPOKT ECONOMIC DEVELOPMENT AREA <br />WHEREAS, under the authority granted by Indiana Code ~ 36-7-14, c~t .i~c~q. and <br />in furtha~ance of the Airport Economic Development Area De~~elopment Plan (the <br />"Plane). the South Fiend Rede~~clopmcnt 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 designatai as the Airport Economic <br />Development Arca (the "Area°) within the City of South Bcnd, Indiana (the `Citt~~). <br />~~~hich property is more particularly described at Exhibit A attached hereto and <br />incorporated herein (the ~~Propert _. ): and <br />WkiEREAS. on October 3. ?008, the Commission adopted a Resolution setting <br />the oflering prig (the "Ollerin~~ Price~~) and authorizin~~ stai'i to present an oi~fer to Carlos <br />Arse Alvarez, as contract purchaser from REO Natiom,~idc, LLC, as o~~-ncr of the <br />Property (the "Owner") in an amount not to exceed the Offering Price along with the <br />payment of expenses incidental to the comcyance and determination of the title of the <br />Property; and <br />WHEREAS. the staff has presented the O~~~ner an offer t<~r the Offering Price as <br />authorized. ~~~hich the O~rncr rejected: and <br />WHEREAS. the O~~-ncr has pro~idcd a counteroffer to the Commission for <br />$ X6.000.00. which includes all expenses related to the acquisition: and <br />WHEREAS, the Commission desires to purchase the Property 1br SiG,000.00. <br />approve the 1<~rm 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, ~~~ith such changes in tin-m or in substance as the President and <br />Secretary may appro~°e: and <br />WHEREAS, the staff has re~~ie~~~cd the counterofla~ and determined that the <br />~n~oposal is reasonable in light of the appraisal amount and conditions in the area. and <br />WHEREAS, the Commission has completed its acquisition procedures 1br the <br />Property and sufiicicnt funds arc a~~ailable for the purchase of the Properly: <br />NO\~', T}IElZEFORE. BE IT RESOLVED by the South Bcnd Rcdcvclopmcnt <br />Commission that: <br />1. The Commission hereby finds that the consideration set t~~rth 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 />