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RESOLUTION NO. 2464 <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 Ind. Code § 36-7-14, et seq. and in <br />furtherance of the Airport Economic Development Area Development Plan (the "Plan"), <br />the South Bend Redevelopment Commission (the "Commission") 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 June 25, 2008, the Commission adopted a Resolution setting <br />the offering price (the "Offering Price") and authorizing staff to present an offer to <br />Rodney and Joan Mayfield as owners 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 />WHEREAS, the staff has presented the Owner an offer for the Offering Price as <br />authorized, which the Owner rejected; and <br />RE h caner ha r vided a counteroffer to the Commission for <br />WHE AS, t e 0 s p o <br />$70,000.00, which includes all expenses related to the acquisition; and <br />WHEREAS, the Commission desires to purchase the Property for $70,000, <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 />Property and sufficient funds are available for the purchase of the Property; <br />NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment <br />Commission that: <br />1. 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 />