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~ ~, ~~~~~ <br />RESOLUTION NO. 2496 <br />RESOLUTION APPRO~"ING AND ACCEPTING A COUNTEROFFER <br />FOR THE ACQUISITION OF PROPERTY IN THG <br />SOUTH BEND CENTRAL DE~~ ELONMENT AREA <br />WHEREAS, under the authority granted by Indiana Code ~ i6-7-14, c'! .cc~c~. and <br />in furtherance of the South Bend Central Deg elupment Area Development Plan (the <br />'~Plan~~). the SoutJi Bend Redevelopment Commission (the "Conunission~~) has <br />determined that it is necessary to acquire unencumbered fcr simple interest in certain <br />propa-ty located within the area heretofore designated as the South Bend CenU~al <br />Development Area (the "Arca~~) within the City of South Bend, Indiana (the "City~~). <br />~~~hich property is more particularly described at Exhibit A attached hereto and <br />incorporated herein (the `Propert~~.~l: and <br />WHEREAS on September 5, ?OOS. the Commission adopted a Resolution <br />settin~~ the ol~l~erin<~ prier (the ~~O(lcring Price~~) and authorizin~~ staff to present an offer to <br />Jack E. Richcy..fr. R Pamela E. Richey, Husband R 11'ife. as ow-Hers of the Property (the <br />"Owncr~~J in a^ amount not to exceed the Offering Price along with the payment of <br />expenses incidental to the com~eyancc and determinatirnl of the title of the Property; and <br />WHEREAS, the staff has presented the Owner an offer for the Offering Price as <br />authorized. ~i~hich the Owner rejected: and <br />WHEREAS. the O~~~ncr has pro~~ided a counterot(cr to the Commission fbr <br />S 145.000.00, plus all expenses related to the acquisition: and <br />WHEREAS the stall has rc~ic~red 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 de~~elopment in the immediate area: and <br />WHEREAS, the Conunissio^ has completed its acquisition procedures for the <br />Property and sufticient funds are a~ unable for the purchase of the Property: <br />'VOW. THEREFORE_ BE ["I~ RESOLVED b_v the South Bend Rede~~elopmcnt <br />Commission that <br />] . The Commission hcrcbv finds that the consideration set forth in the <br />Purchase A~rec meat is reasonable considerin~a the circumstances and that it is in the best <br />interest of the citizens of the City and the South Bald Rede~clopment District and <br />consistent ~sith the pw~poscs and requirements set forth in Indiana Cody ~ ,6 7-14 to <br />accept the cuuntrruffer e~idencal in the Purchase Agreement. <br />?. Thr Couunission hcrcbv appro~ rs and acce~~ts the Purchase Agreement <br />and authorises the President and the Secretary to execute and attest, respectively, the <br />Assignment of the Purchase Agreement and, or the Purchase Agreement ~~~ith such <br />changes in form or in substance as they deem to be necessary or appropriate to complete <br />