HomeMy WebLinkAbout6. B(4) Resolution No. 2582~2 ( t ~~
RESOLUTION NO. 2582
RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER
FOR THE ACQUISITION OF PROPERTY IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code~~' 36-7-14, et sey. and
in furtherance of the Airport Economic Development Area Development Plan (the
"Plan"•), the South Bend Redevelopment Commission (the "Commission•') has
determined that it is necessary to acquire unencumbered fee simple interest in cep-fain
property located within the area heretofore designated as the Airport Economic
Development Area (the ``Area'') within the City of South Bend, Indiana (the "City"),
which property is more particularly described at Exhibit A attached hereto and
incorporated herein (the ``Property""); and
WHEREAS, on May O1, 2009, the Commission adopted a Resolution setting
the offering price (the "Offering Price'•) and authorizing staff to present an offer to Ben
Zoilkowski, Zoilkowski Properties, and Zoilkowski Properties LLC, as owners of the
Property (the "Owner"') in an amount not to exceed the Offering Price along with the
payment of expenses incidental to the conveyance and determination of the title of the
Property; and
WHEREAS, the staff has presented the Owner an offer for the Offerin~~ Price as
authorized, which the Owner rejected; and
WHEREAS, the Owner has provided a counteroffer to the Commission for
$910,800.00, plus all expenses related to the acquisition; and
WHEREAS, the staff has reviewed the counteroffer and determined that the
proposal is reasonable in light of the appraisal amount, conditions in the area, and the
amount of announced development in the imm~ediate area; and
WHEREAS, the Commission has completed its acquisition procedures for the
Property and sufficient funds are available for the purchase of the Property;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission that:
1. The Commission hereby finds that the consideration set forth in the
Counteroffer is reasonable considering the circumstances and that it is in the best interest
of the citizens of the City and the South Bend Redevelopment District and consistent with
the purposes and requirements set forth in Indiana Code ~ 36-7-14 to accept the
Counteroffer.
2. The Commission hereby approves and accepts the Counteroffer and
authorizes the President and the Secretary to execute and attest, respectively, the
Purchase Agreement with such changes in form or in substance as they deem to be
necessary or appropriate to complete the Purchase Agreement and transfer, with such
approval to be conclusively evidenced by such execution and attestation, respectively.
The President and/or Secretary are each authorized to execute and deliver any other
documentation necessary to 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
Counteroffer presented to the Commission with this Resolution in the records and
minutes of this meeting.
4. Don Inks or Jeff Gibney is authorized to execute on behalf of the
Convnission any documents necessary to carry out the intent of this resolution.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on May Ol, 2009, at 1308 County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
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ATTEST:
PriiNrc .A'umc~un~ 'l~itr
South Bend Redevelopment Commission
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South Bend Redevelopment Commission
EXHIBIT A
PROPERTY DESCRIPTION AND PURCHASE PRICE
Tax Key No.
Address
Owner Counter
Acquisition Price
18-8002-0061,
0070, 0071, 0073, Various parcels
0074, 0075, 0076, bounded by Sample, Ben Zoilkowski,
0077, 0078, 0079, Franklin, Lafayette, Zoilkowski
0100, 0101, 0102, and Broadway Properties, $910,800.00
0104 and, Streets Zoilkowski
18-8006-0325, Properties LLC
0330, 0331, 0335