6.D.(2) Resolution No. 2521 - Laserfiche WebLink

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C ~ <2~ RESOLUTION NO. 2521 RESOLUTION APPROVING AND ACCEPTING A COI.WTEROFFER FOR THE ACQUISITION OF PROPERTY IN "THE. AIRPORT ECONOP~IC DE~'ELOP'~1ENT AREA WI IEREAS_ under the authority granted by Indiana Code ~ 36-7-14. c~t .cey. and in fw-theranee of the Airport Lconomic De~~elopment Area Deg°elopment Plan (the "Plan~~). the South Bend Rede~~elopment Commission (the "Commission") has determined that it is necessary to acquire unencumbered fee simple interest in certain P~~'Pc~-ty located ~~~idtin the area heretotore designated as the Airport Economic Dc~°clopment Area (the -'Area') ~~~ithin the City of South Bcnd. Indiana (the ~~Cit~~~). ~~~hich property is more particularly described at Exhibit A attached hereto and incorporated herein (the "Propcrt~~~~); and WHEREAS, on No~~ember 7. ?008, the Commission adopted a Rc olution setlin~a the oll~erin~~ price (ihe "C)ticrin~r Price~~) and authorizin~_> sta11 to present an oftcr to Jerry Graf and Diane Graf. Husband and Wife as o~-Hers of the Property (the "O~~~ner'~) in an amount not to exceed the Offering Price alon~a ~~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. ~~~hich the O~a~ner rejected; and WHEREAS. the O~rncr has pro~~idai a countcroftcr to the Commission for S35.OOO.OU. ~~~hich includes all expenses related to the acquisition; and WH}~REAS. the Commission desires to purchase the Property for 1,';5.000.00, appro~~e the form of Purchase Agreement, and authorize the President and Secretary of the Commission to execute and attest, respecti~~ely, the Purchase Agreement on behalf of the Commission, ~~rith such chnn~~es in form or in substance as the President and Secretary may appro~~c, and WHEREAS. the staff has re~ic~~~ed 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 sufticicnt funds arc a~~ailablc for the purchase of the Property: VOW. THEREFORE, f3E IT RESOLVED by the South Bend Rede~~elopment Commission that: 1. The Commission hereby finds that the consideration set torth in the Purchase Agreement is reasonable considering the circumstances and that it is in the host interest of the citizens of the City and the South Bcnd Rcder~elopment District and consistent ~~~ith the purposes and requirements set forth in Indiana Code > >6-7-14 to accept the counteroffer c~~idenced in the Purchase Agreement.