HomeMy WebLinkAbout6.C.(3) Resolution No. 2519
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RESOLUTIOV' NO. 2519
RESOL~~"1'10 APPROVING AND ACCEPTING A CO~'VTEROFFER
FOR THF. ACQUISITION OF PROPERTY IN THE
AIRPORT ECOI\OMIC DF,VELOP~~IENT AREA
WI IEREAS, under the authority granted by [ndiana Cock ~ 36-7-14. e~~ sey. and
in furtherance of the Airhurt Economic Dc~~clohment Area Development Plan (the
..Plane). the South Bcnd Rcdc~~clohmcnt Commission (the "Commission~~) has
determined that it is necessary to acquire uneneumbcred fee simple interest in certain
hroperty located ~a-ithin the area heretofore designated as the Airhurt Economic
Dc~~dopment Area (the "Area~~) ~~~ithin the City of South Bcnd. Indiana (the ~~Cit~~").
~a~hich proherty is more particularly described at Exhibit A attached hereto and
incorporated herein (the °Prohert~..): and
WHEREAS, on October 17. ?008. the Commission adopted a Resolution setting the
of~ierin<~ price (the "Oficrin<~ Price°) and authorizing stall to hresent an offer to h~ene L.
Nicdbala. Patricia A. Heller and Raymond Frank Niedbala, as Joint Tenants ~~~ith Ri~~ht
of Sun~irurship as u~i~ner olthe Property (the °O~~ncr ~) in an amount not to exceed the
Offerin~~ Price along ~~ ith the payment of expenses incidental to the conveyance and
determination of the title of the Property: and
WHEREAS. the staff has presented the O~~~ner an offer for the Offering Price as
authorized, ~a hich the O~~~ner rejected; and
WHEREAS, the Owner has pro.ided a counteroltcr to the Commission for
S39.000.OU. ~~~hich includes all expenses related to the acquisition: and
1N'HEREAS. the Commission desires to purchase the Properrty for 539.000.00.
appro~ c the form of Purchase Agreement, and authorize the President and Secretary of
the Commission to execute and attest. respccti~~ely, the Purchase Agreement on behalf of
the Commission. ~~ith such changes in loan or in suhstance as the President and
Secretary may appro~ c: and
WHEREAS, the staff has rc~°ie~a~ed the counteroffer and determined that the
proposal is reasonable in light of the aphraisal amount, and conditions in the area. and
WHEREAS. the Commission has comhleted its acquisition hrocedures for the
Property and sufficient lands arc a~~ailable fur the hurchasc ofthc proherty:
1~~0~~%, THEREFORE. BE IT RESOLVED b_v the South Bcnd Rede~~elopment
Commission that:
I. The Commission hereby finds that the consideration set forth in the
Purchase Agreement is reasonable considering the circumstances and that it is in the best
interest of the citizens of the City and the South Bend Redc~~clopment District and
consistent with the purposes and requirements set fi<~rth in Indiana Code ~ ?6 7 ld to
accept the counterutfcr c~ idencal in the Purchase Agreement.
?. The Conunission hereby approves and accepts the Purchase Agreement
and authorizes the President and the Secretary to execute and attest, respectively, the
Assignment of the Purchase A~~reoment and%~~r the Purchase Agrecmcnt w~itlt such
changes in tbrm or in substance as they deem to be necessar}~ or appropriate to complete
the transtcr. ~rifh such approval to be conclusi~~cly e~~idenced by such execution and
attestation, respectively. The President andior Secretary arc each authorized to execute
and dcli~~er any other documentation necessary h~ complete the acquisition of the
Property. Legal counsel for the Commission is further authorized to close the transaction
on behalf of the Commission and execute any incidental closing documents necessary to
complete the transaction.
3. The Secretary of the Commission is instructed to place a copy of the
assi~~nment and Purc.hasc Agrecmcnt presented tee the Commission v~°ith this Resolution in
the records and minutes of this meetin<~.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on October 17. ?008, ut 1 X08 County-City Building. ??7 West
Jefficrson Boule~~ard, South Bend. Indiana 46601 .
CITI' OF SOUTH BEIS~D,
UEPARTI1EVT OF REDE~'ELOPNIF,NT
,~,
l'rinir~ Aiunr ,m, lid.'
South Bend Redevelopment Commission
A"i'TEST:
.SI L'RalllO'C
Yr-imrJ Annt< ~md lid
South Bcnd Redevelopment Commission
ExHi~rr A
PROPERTY DESCRIPTION A'V~D PURCHASE PRICE
~ountcr Offc~~
Tas Ke~~ No. Address O~~~ncr
Price
- - Ircnc L. Nicdbala.
Patricia A. Vlellc~
~ R- 3059-? 3? 5 ~ 1 1 (4 Grace Strcct. 539.000.00
and Raymond drank
~ Niedbala