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HomeMy WebLinkAboutNo. 2464 approving and accepting a counteroffer for the acquisition of property in the Airport Economic Development Area (1624 Maplewood)RESOLUTION NO. 2464 RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER FOR THE ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, under the authority granted by Ind. Code § 36-7-14, et seq. 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 certain 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 June 25, 2008, the Commission adopted a Resolution setting the offering price (the "Offering Price") and authorizing staff to present an offer to Rodney and Joan Mayfield 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 Offering Price as authorized, which the Owner rejected; and RE h caner ha r vided a counteroffer to the Commission for WHE AS, t e 0 s p o $70,000.00, which includes all expenses related to the acquisition; and WHEREAS, the Commission desires to purchase the Property for $70,000, approve the form of Purchase Agreement, and authorize the President and Secretary of the Commission to execute and attest, respectively, the Purchase Agreement on behalf of the Commission, with such changes in form or in substance as the President and Secretary may approve; and WHEREAS, the staff has reviewed the counteroffer and determined that the proposal is reasonable in light of the appraisal amount, and conditions in the 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 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 Redevelopment District and consistent with the purposes and requirements set forth in Indiana Code § 36-7-14 to accept the counteroffer evidenced in the Purchase Agreement. 2. The Commission hereby approves and accepts the Purchase Agreement and authorizes the President and the Secretary to execute and attest, respectively, the Assignment of the Purchase Agreement and/or the Purchase Agreement with such changes in form or in substance as they deem to be necessary or appropriate to complete the transfer, with such approval to be conclusively evidenced by as 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 assignment and Purchase Agreement presented to the Commission with this Resolution in the records and minutes of this meeting. ADOPTED at the Regular Meeting of the South Bend Redevelopment Commission held on July 18, 2008, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. g y , S try Prime Name an Tit e ATTEST: re e or S. Downes ecre a CITY OF SOUTH BEND, DEPARTMENT OF I~DEVELOPMENT ~rgnature Marcia I. Jones, resident Prime ame an it e South Bend Redevelopment Commission South Bend Redevelopment Commission • EXHIBIT A PROPERTY DESCRIPTION AND PURCHASE PRICE Counteroffer Tax Key No. Address Owner Purchase Price 1624 Maplewood Joan and Rodney 18-2183-6858 $70,000.00 Ave. Mayfield r