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No. 2433 approving and accepting a counteroffer for the acquisition of property in the South Bend Central Development Area
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No. 2433 approving and accepting a counteroffer for the acquisition of property in the South Bend Central Development Area
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7/27/2009 2:34:06 PM
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• <br />RESOLUTION NO. 2433 <br />RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER <br />FOR THE ACQUISITION OF PROPERTY IN THE <br />SOUTH BEND CENTRAL DEVELOPMENT AREA <br />WHEREAS, under the authority granted by Ind. Code § 36-7-14, et seq. and in <br />furtherance of the South Bend Central Development Area Plan ("Plan"), the South Bend <br />Redevelopment Commission ("Commission") has determined that it is necessary to <br />acquire unencumbered fee simple interest in certain property located within the area <br />heretofore designated as the South Bend Central Development Area (the "Area") within <br />the City of South Bend, Indiana (the "City"), which property is more particularly <br />described at Exhibit A attached hereto and incorporated herein ("Property"); and <br />WHEREAS, on March 28, 2008, the Commission adopted a Resolution setting <br />the offering price (the "Offering Price") and authorizing staff to present an offer to Chevy <br />World Rental, Inc. as owner of the Property (the "Owner") in an amount not to exceed <br />the 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 />WHEREAS, the Owner has provided a counteroffer to the Commission in <br />which the Owner proposes to sell the Property to the Commission for $1,500,000.00 (the <br />"Purchase Price"); and <br />WHEREAS, the staff has reviewed the counteroffer and determined that the <br />Purchase Price set forth in the counteroffer is a reasonable price for the Property; and <br />WHEREAS, the Owner has provided a counteroffer to the Commission in the <br />form of a form of Purchase Agreement (the "Purchase Agreement") to effect the purchase <br />and sale of the Property; and <br />WHEREAS, the Commission desires to purchase the Property for <br />$1,500,000.00, approve the form of Purchase Agreement, and authorize the President and <br />Secretary of the Commission to execute and attest, respectively, the Purchase Agreement <br />on behalf of the Commission, with such changes in form or in substance as the President <br />and Secretary may approve; 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 />• <br />
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