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~. ~. ~z~ <br />RESOLUTION N0.2579 <br />RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER <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 seq. 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 Bend, 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 April 17, 2009, the Commission adopted a Resolution setting <br />the offering price (the "Offering Price") and authorizing staff to present an offer to Paul <br />Fujawa as owner of the Property (the "Owner"') in an amount not to exceed the Offering <br />Price along with the payment of expenses incidental to the conveyance and determination <br />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 />WHEREAS, the Owner has provided a counteroffer to the Commission for <br />$31,376.50, plus all expenses related to the acquisition; and <br />WHEREAS, the staff has reviewed 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 development in the immediate area; and <br />WHEREAS, the Commission has completed its acquisition procedures for the <br />Property and sufficient funds are available for the purchase of the Property; <br />NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment <br />Connnission that: <br />I. The Commission hereby finds that the consideration set forth 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 />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 />2. The Commission hereby approves and accepts the Purchase Agreement <br />and authorizes the President and the Secretary to execute and attest, respectively, the <br />Assigmnent of the Purchase Agreement and/or the Purchase Agreement with such <br />changes in fora or in substance as they deem to be necessary or appropriate to complete <br />