6.C.(3) Resolution No. 2519 - Laserfiche WebLink

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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