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Community & Economic Development
Y 1865 ,
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: South Bend Redevelopment Commission
From: Matthew Sikora, Economic Development Planner
Subject: Request Permission to Advertise
Former 1st Source Development Disposition Parcel
Date: March 22, 2011
Attached is the Notice of Intended Disposition of Property for the Former 1st Source
Development Parcel located at 122 South Niles Avenue, in the South Bend Central
Development Area. The advertisements will be printed in both the South Bend Tribune and
the Tri- County News on March 25th and April 1st. Staff asks for the approval of the request
to advertise for the disposition of this property on the two aforementioned dates.
What We Do Today Makes A Difference!
Proposal Documents and Forms
for Land Disposition
City of South Bend
Redevelopment Commission
1st Source Development Parcel
122 South Niles Avenue
South Bend Central Development Area
City of South Bend
Stephen J. Luecke
Mayor
Jeffrey V. Gibney
Executive Director
Community & Economic Development
Donald E. Inks
Director
Department of Redevelopment
Charles S. Leone
Legal Counsel
Redevelopment Commission
Marcia I. Jones
President
David Varner
Vice - President
Nancy N. King
Secretary
Gregory S. Downes
Member
Donald L. Alford
Member
Stephanie Y. Spivey
Member
Bidding Expires at 10:00 a.m. (EDT) on April 12, 2011
2. South Bend Central Development Area Development Plan (included as a
separate document)
3. Design Guidelines for the South Bend Central Development Area
(included as a separate document)
2
Disposition Process
Bidding
All bids for the purchase and redevelopment of certain property in the South Bend Central
Development Area must be delivered to the Department of Redevelopment ( "Department "),
located at:
1200 County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
on or before 10:00 a.m. (EDT) on the 12th day of April 2011. All proposals will be opened
and made public at a public meeting of the South Bend Redevelopment Commission, held
at 4:00 p.m. (EDT) on the 12th day of April 2011 at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
Proposals with completed forms and without any missing information will be reviewed by
the Commission according to the Evaluation Criteria as stated above. The Commission
reserves the right to reject any bid and may make awards to the highest and best bidder.
Notice of acceptance or rejection will be mailed to each of the bidders via US Mail to the
address stated on the Proposal Forms.
All offers will be subject to the requirements of the Contract for Sale of Land as referenced
on Page 7.
After the Bidding Period
Once the bidding period has expired, proposals may be made to the Commission for the
remaining property available, if any.
All Applicants should familiarize themselves with the Proposal Forms and any proposal
submitted after the bidding period has expired shall be completed utilizing the Proposal
Forms. Proposals after the termination of the bidding period are to be submitted to the
Department for review and consideration. The Commission will review proposals based
upon the Evaluation Criteria as stated above. The Commission reserves the right to reject
any proposal. Notice of acceptance or rejection will be mailed to each of the Applicants via
US Mail to the address as stated on the Proposal Forms.
Proposals
All proposals must be complete and include the information and documentation requested
in the Proposal Forms. Proposals that are submitted with incomplete or missing
information will not be accepted. Applicant must use the Proposal Forms as provided by
the Department.
0
➢ Statement of Qualifications and Financial Responsibility
(Proposal Forms, pages 3 -6)
The Commission shall have the right to make such investigations as it deems
necessary to determine the ability of the Applicant to perform the obligations
of the proposed offer. The Commission reserves the right to reject any
proposed offer where the evidence or information does not satisfy the
Commission that the Applicant is qualified to properly carry out the
obligations of the proposed offer, or where the Applicant refuses to
cooperate or assist the Commission in making such investigation.
➢ Statement for Public Disclosure
(Proposal Forms, pages 7 -8)
The Commission shall have the right to make such investigations as it deems
necessary to determine the completeness of the Applicant's disclosure. The
Commission reserves the right to reject any proposed offer where the
available evidence or information does not satisfy the Commission that the
Applicant has made a full disclosure, or where the Applicant refuses to
cooperate and assist the Commission in making such investigation, or the
Commission otherwise determines said Statement to be unsatisfactory.
➢ Affidavit of Non - Collusion
(Proposal Forms, page 9)
The form of Affidavit of Non - Collusion is included in the Proposal Forms, and
the Applicant must use the form provided. The Affidavit is to the effect that
the Applicant has not colluded, conspired, connived, or agreed with any other
Applicant or person, firm or corporation in regard to any offer submitted to the
Commission. The failure of any Applicant to submit the Affidavit of
Non - Collusion shall be cause for rejection of the offer.
Except as otherwise herein noted, the Faithful Performance Guaranty of all
unsuccessful Applicants will be returned as soon as practicable after notice
of rejection.
The Faithful Performance Guaranty will be refunded to the successful
Applicant at such time that the Commission deems that Applicant has
completed all improvements to the real property, as proposed, and the
Commission has issued a Certificate of Completion evidencing same.
➢ Corrections
Erasures or other changes to the Proposal Forms must be explained or
noted over the signature of the Applicant.
➢ Withdrawal of Proposals
Proposals submitted prior to the scheduled public opening of the bids may be
withdrawn upon written request of the Applicant if such request is received by
the Department not less than twenty -four (24) hours prior to said public
opening. Unopened bids will be returned promptly.
n
Offering Sheet
Property
Size
Minimum Offering
Price
proposed Re -Use
1st Source Bank
Site
Commercial - retail,
Development Parcel
1.266 Acres
$339,500
commercial- office or
mixed use projects
122 South Niles
that are permitted
Avenue
within the "CBD"
Central Business
District zoning
018 - 5010 -0285
designation.
018- 5010 -0286
018- 5010 -0287
018 - 5010 -0288
Strong emphasis will
018 - 5010 -0290
be placed during the
018 - 5010 -0291
review process on
018- 5010 -0292
compatibility with the
018 - 5010 -0293
goals and objectives
of Downtown South
Bend and the South
Bend Central
Development
planning area and to
projects that
incorporate a plan to
provide sufficient
parking for the
project and
surrounding area.
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M
Notice of Intended Disposition of Property
SOUTH BEND CENTRAL DEVELOPMENT AREA
1st Source Bank Development Parcel
122 South Niles Avenue
South Bend, Indiana
Notice is hereby given that the Redevelopment Commission of the City of South Bend, Indiana, will receive sealed offers for
the purchase of certain property situated in the South Bend Central Development Area until 10:00 a.m. (EDT) on the 12th day
of April 2011 in the Office of the Department of Redevelopment, 1200 County -City Building, 227 West Jefferson Boulevard,
South Bend, Indiana, 46601. All offers will be publicly opened and read aloud at 4:00 p.m. (EDT) on the 12th day of April
2011 at the Regular Meeting of the Redevelopment Commission to be held that date and time in Room 1308 County -City
Building, 227 West Jefferson Boulevard, South Bend, IN 46601. Bid proposals for the purchase of the property offered will be
considered.
The property being offered is located at 111 South Street, in the South Bend Central Development Area, South Bend, Indiana.
Any proposal submitted must be for the entire parcel being offered. The required re -use for the parcel is commercial - retail,
commercial -office or mixed use projects that are permitted within the "CBD" Central Business District zoning designation. Strong
emphasis will be placed during the review process on compatibility with the goals and objectives of Downtown South Bend.
A packet containing bid forms, the offering sheet and other pertinent information may be picked up at the Department of
Community and Economic Development, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601.
A bid packet may also be accessed online at www.southbendin.gov / business/ city_ bids / redevelopment _commission_bids.asp
The Commission reserves the right to reject any and all bids, and to make the award to the highest and best bidder. In
determining the best bid, the Commission will take into consideration the following:
1. The size and character of the improvements proposed to be made by each bidder on the property
2. Each bidder's ability to improve the property with reasonable promptness
3. Each bidder's proposed purchase price
4. Any factors which will assure the Commission that the sale, if made, will further the carrying out of the Development
Plan for the South Bend Central Development Area and will best serve the interest of the community from the
standpoint of human and economic welfare
5. The ability of each bidder to finance the proposed improvements to the property with reasonable promptness
The Commission further reserves the right to waive any formalities in bidding which are not mandatory requirements.
A bid submitted by a trust (as defined in IC 30- 4- 1 -1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
To secure the execution of the disposition agreement, the purchase of the property and the redevelopment thereof in
accordance with the agreement, the bidder must submit with the proposal a faithful performance guaranty, in the sum of ten
percent (10 %) of the amount offered for the purchase of the property. The guaranty sum may be in the form of a certified
check, a cashier's check, or surety bond, letter of credit from a bank or trust company as approved by the Redevelopment
Commission, or by other sufficient security, but the form, substance and terms of the performance guaranty must be approved
as satisfactory by the Redevelopment Commission. The performance guaranty, if by certified check, shall be deposited in any
account of the Department of Redevelopment, City of South Bend, in a bank or trust company selected by the Redevelopment
Commission.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF REDEVELOPMENT
Donald E. Inks, Director
Publish Dates: March 25th and April 1st, 2011
12
Proposal Forms
To: South Bend Redevelopment Commission
1200 County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
Commissioners:
The Undersigned having familiarized itself with the present conditions of the Project Site as
hereinafter designated and legally described and with the Proposal Documents and Forms; and certifying
its desire to participate in the development of the said property pursuant to Federal, State and Local
ordinances and regulations, and the Development Plan as approved by the Redevelopment Commission;
hereby offers and proposes to purchase or lease all or part of the Disposition Parcel identified in Exhibit
"A" made part of this proposal.
The Applicant's offer is described as follows:
Project Area
Disposition Parcel Number Total Acres
Offer is for: ❑ Entire Parcel
❑ Part of Parcel
Form of Contract: ❑ Purchase
❑ Lease
Term
Dollars
Purchase Price
Dollars
Annual Lease Payment
A Narrative Description of the proposed development on the Disposition Parcel identified in
Exhibit "A ", describing the exact nature and character of the improvements proposed and their use;
together with maps and plans sufficiently complete to indicate the general improvements to be made is
attached and is to be considered a part of this proposal. (Maps and plans must be of sufficient scale to
indicate clearly the location of the structures and other proposed improvements and should provide
information on building elevations and materials.)
The Proposal Forms as provided by the Department of Community & Economic Development/Division of
Economic Development (Department) have been completed and are considered a part of this proposal. The
Proposal Forms include: (1) a Statement of the Qualifications and Financial Responsibility; (2) a Statement
for Public Disclosure, and; (3) a sworn Affidavit of Non - Collusion. It is the understanding of the
Applicant that the Statement of the Qualifications and Financial Responsibility is confidential and to be
used solely by the South Bend Redevelopment Commission and the Department.
Statement of Qualifications and Financial Responsibility
Applicant:
Address:
1. Is the Applicant a subsidiary of or affiliated with any other corporation or corporations or
any other firm or firms?
❑ Yes
❑ No
If yes, list each corporation or firm by name and address, specify its relationship to the Applicant,
and identify the officers and directors or trustees common to the Applicant and such other
corporation or firm:
2. The financial condition of the Applicant, as of , is as
reflected in the attached financial statement.
Name and address of auditor or public accountant who performed the audit on which said financial
statement is based:
(NOTE: Attach to this statement a certified financial statement showing the assets and the liabilities, fully itemized in
accordance with accepted accounting standards and based on a proper audit. If the date of the certified financial
statement precedes the date of this submission by more than six months, also attach an interim balance sheet not more
than 60 days old.)
3. If funds for development of the land are to be obtained from sources other than the
Applicant's own funds, a statement of the Applicant's plan for financing the acquisition
and development of the land:
9. If the Applicant, or any principals of the Applicant, has ever been an employee, in a
supervisory capacity, for a construction contractor or builder on undertakings comparable
to the proposed development, the name of such employee, name and address of employer,
title, and brief description of work:
10. If the Applicant or a parent corporation, a subsidiary, an affiliate, or a principal of the
Applicant is to participate in the development of the land as a construction contractor or
builder:
a. Name and address of such contractor or builder:
b. Has such contractor or builder within the last 10 years ever failed to qualify as a
responsible bidder, refused to enter into a contract after an award has been made, or
failed to complete a construction or development contract?
❑ Yes
❑ No
If yes, explain:
C. Total amount of construction or development work performed by such contractor or
builder during the last three years: $
General description of such work:
d. Construction contracts or developments now being performed by such contractor or
builder:
Identification of Date to be
Contract or Development Location Amount Completed
11. Brief statement regarding equipment, experience, financial capacity, and other resources
available to such contractor or builder for the performance of the work involved in the
development of the land, specifying particularly the qualifications of the personnel, the
nature of the equipment and the general experience of the contractor:
5
Statement for Public Disclosure
Applicant:
Address:
Taxpayer ID #:
1. Applicant proposes to enter into contract for the purchase or lease of land from the South
Bend Redevelopment Commission. Said land is more accurately described in Exhibit
«A",
2. Organizational Status of Applicant:
❑ An individual
❑ A corporation
❑ A not - for -profit corporation or charitable institution
❑ A partnership known as:
❑ A business association or a joint venture known as:
A Federal, State or Local government or instrument thereof
Other (explain):
3. Organized and operating under the laws of
4. Date of Organization:
5. Names, addresses, and title of principal officers, investors, members or shareholders of
Applicant, as follows: (attach additional sheets if necessary)
a. CORPORATION: the officers, directors or trustees, and each stockholder
owning more than 10% of any class stock
b. NOT - FOR - PROFIT: the members who constitute the board of trustees or board
of directors or similar governing body
C. PARTNERSHIP: each partner, whether a general or limited partner, and the
nature and percent of interest
d. BUSINESS ASSOCIATION OR JOINT VENTURE: each participant and the
nature and percent of interest
7
Affidavit of Non - Collusion
State of Indiana
SS:
County of St. Joseph
The undersigned, being first fully sworn, deposes and says that:
He /she is:❑ owner, ❑ partner, ❑ officer, ❑ representative,
(applicant);
❑ agent, of
He /she is fully informed respecting the preparation and contents of the attached offer and
of all pertinent circumstances respecting such offer;
3. Such offer is genuine and not a collusive or sham offer;
4. Neither said Applicant nor any of its officers, partners, owner's agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded,
conspired, connived, or agreed directly or indirectly, with any other Applicant, firm or
person to submit a collusive or sham offer in connection with the Contract for which the
attached offer has been submitted or to refrain from making an offer in connection with
such Contract, or has in any manner, directly or indirectly, sought by agreement or
collusion or communication or conference with any other Applicant, firm or person to fix
the price or prices in the attached offer, or of any other Applicant, or to fix any overhead,
profit, or cost element of the offering price of any other Applicant, or to secure through
any collusion, conspiracy, connivance or unlawful agreement any advantage against the
City of South Bend and /or its Department of Redevelopment and /or the South Bend
Redevelopment Commission person interested in the proposed Contact; and
5. The price or prices quoted in the attached offer are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Applicant
or any of its agents, representatives, owners, employees or parties in interest, including
this affiant.
Affiant
Signature
Title
Before me, the undersigned, a Notary Public, subscribed and swore to this Affidavit of
Non - Collusion on this day of
(Seal)
Notary Public
A resident of
County,
M
Community & Economic
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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner
Subject: Professional Services Agreement
Grubb Ellis Listing Agreement -AB , Jefferson & Main lot
Date: March 22, 2011
Attached to this memorandum is a proposal from Grubb & Ellis / Cressy Everett to list
certain Commission owned property. These agreements are for a period of one year.
The first listing agreement is for the property located at the southwest corner of Jefferson
and Main streets. This lot is 141'x 245' (.79 acres), and is being listed for $258,093.
The second listing agreement is for the Bosch property at 401 Bendix Drive. This property
has three components: a 267,000 sf warehouse, a 77,812 sf office building, and 28.70 +/-
acres. The listing price for this property is $2,413,684.
Staff requests approval of these Listing Agreements with Grubb & Ellis / Cressy Everett, to
allow the marketing of these two Commission owned properties.
What We Do Today Makes A Difference!
LISTING CONTRACT
TO: Grubb & EllislCressy & Everett DATE: February 25, 2011
Broker: Tim Mehall, George Cressy and Ed Bradley
PROPERTY ADDRESS: 213 -217 South Main Street, South Bend, IN
LEGAL DESCRIPTION: Lot 206 A Original Town of South Bend Jefferson and Main Replat ;Key #18- 3007 -0231
Township / St. Joseph County
SALE PRICE: $258,093 ($7.50 PSF ) Approximately 141' x 245' or .79 Acres. The Owner agrees the price
stated herein includes all mortgages, unpaid special assessments and any balances due for any fixtures,
improvements, alterations or miscellaneous equipment now on or attached to premises.
TERMS: ® Cash ® Conventional Financing ❑ Seller Financing ❑ Land Contract ❑Other
EXCLUSIVE LISTING: In consideration of the Broker listing for sale and undertaking to find a purchaser for
the real estate described above, the Owner hereby grants and gives the Broker the exclusive right and authority to
sell or exchange the same for a period from March 22, 2011 to March 21, 2012 , inclusive and represents that
no other agreement is now in force with any other broker. This Listing Agreement will expire on March 21,
2012. The Broker is authorized to permit other licensed brokers and sales persons to show this property. If the
property is not presently rented, the Owner agrees not to rent or lease the subject property while listed with the
undersigned Broker without Broker's consent. The Broker is further authorized to accept Buyer- Broker /Limited
Agency notification on behalf of Owner.
BROKER'S FEE: In the event the Broker finds a purchaser ready, willing and able to buy said real estate, or
should said real estate be sold by or through the Broker, the Owner or otherwise, during said time for the price
and upon the terms named herein, or should the entity which currently owns the real estate be transferred by
means of a stock transfer or any other transfer of interest during the term of this Agreement for any other price or
terms, or consideration acceptable to the Owner, the Owner agrees to pay the Broker as commission a sum equal
to Seven (7 %) percent or the greater of $17,500 of sale price at the closing of the transaction if a co- broker is
the procuring cause and a commission equal to Five (5 %) percent or the greater of $12,500 of sale price at the
closing of the transaction if the listing team of Tim Mehall Ed Bradley and /or George Cressy are the procuring
cause.
Broker may offer to share Broker's commission with subagents and Buyer- Brokers. The fee to be paid by the
Owner to the Broker for services rendered with respect to any listing and the compensation to be paid by the
Broker to a subagent or Buyer- Broker are not fixed, controlled, suggested, recommended or maintained. If the
property is sold or exchanged, the commission is due and payable at the time of closing (for a land contract when
the land contract is signed; for a purchase money mortgage when the deed and purchase money mortgage are
exchanged.) For leases, the commission shall be paid at the execution of the lease for the primary term. 1=t-is
any renewals, 3ansions by the Tenant at the subjeet pr-epeft-y. The leasing eenffnissle for the
mnewals, opti is shall be paid by the Owner-hen ext-weised by the Tenant. The Q�A%er- agrees to
inelude any fu' 'ion payable to IN--, R—raki-'r- in the er4ginal lease dooumeat so that eenfliots do no
a *^ '411, 4 the subject pFepe4*y. Broker shall be entitled to recovery of reasonable attorney
fees for the collection of commission due. The Owner also agrees to do and to perform all that may be necessary
to enforce the contract with the purchaser for the property described herein and the collection of any money due.
Commissions not paid within thirty (30) days of execution of a lease shall be considered past due and Broker
shall charge interest at the rate of Twelve (12 %) percent on any past due commissions.
In the event of any transfer of an interest in said real estate within 365 days after the expiration of this Listing
Contract and its extensions, to any person, firm or corporation who has been introduced, interested, or shown the
property during the exclusive period of this listing by the Owner or by the Broker, his Representative, or
Subagent or by a Buyer- Broker, Owner agrees to pay Broker a commission as provided by this Listing Contract
and its extensions. The Owner agrees to refer to the Broker all inquiries of brokers or others interested in his
property during the term of this contract.
CONSENT TO LIMITED AGENCY: The Owner is to sign the attached Listing Contract Addendum explaining
the Broker's general company policy regarding any potential for the Broker to act as a disclosed limited agent.
Unless otherwise stated below under Further Provisions, Owner hereby consents to the showing of the Owner's
property by the Broker or by any salespersons who are affiliated with the Broker and who are acting in the
capacity of a Buyer- Broker.
EARNEST MONEY DEPOSIT: The Broker is hereby authorized to accept an earnest money deposit with any
offer to purchase said real estate. Said deposit may be retained by the Broker until closing. Should the purchaser
fail to complete said purchase, said earnest money deposit shall be applied first to inspection fees and to Broker's
advertising and other expenses. The balance shall be divided equally between the Broker and Owner, except that
Broker's portion shall in no event exceed his regular commission. In the event of a dispute as to the release of
any earnest money, the Broker may interplead all or any part of said escrow funds to the Clerk of the Circuit
Court where said real estate is located.
7. OWNERSHIP AND TITLE INSURANCE: If the property is to be sold or exchanged, Owner also agrees to
furnish, within a reasonable time prior to closing, at his expense a commitment for an Owner's Title Insurance
Policy equal to the purchase price insuring merchantable title subject to standard title exceptions. The Owner
also agrees to execute and deliver a warranty deed or land contract for the same to whom the Broker directs. To
induce the Broker to enter into this Listing Contract, the Owner hereby warrants that the undersigned is the fee
simple titleholder or Land Contract purchaser of the property above described. The Owner agrees to give
possession at closing of this transaction.
CONDITION OF PROPERTY: Owner represents that to the best of his knowledge, the heating, cooling,
electrical, roof, septic system, well and plumbing systems in the improvements on the real estate and all other
functioning systems, and /or equipment to be included in the sale of his real estate, are now in good operating
order or will be on the date of closing, except as follows:
Owner warrants that the property ® is ❑ is not connected to a municipal sewer system.
ENVIRONMENTAL: Owner represents to Broker that all environmental problems affecting the Premises
have been disclosed to Broker in writing. Owner acknowledges and agrees that Broker has not made any
representation or warranty with respect to, nor conducted any investigation of, the environmental condition or
suitability for any particular use of the Premises or any adjacent property and that Broker has no duty or
obligation to Owner, any prospective purchaser or lessee or other person or entity to make any such investigation,
warranty or representation and does not by this Agreement incur any such obligation. Owner further
acknowledges and agrees that any obligation which may exist with regard to compliance with statutes, ordinances
and regulations relating to the environmental condition of all or any part of the Premises, or the use thereof, is the
sole responsibility of the Owner. Owner acknowledges that Broker has. advised Owner of the potential risk of
environmental issues affecting the Premises by letter or verbally prior to entering into this Agreement. Owner
agrees to indemnify and hold Broker harmless against any liability, expense, cost, attorney's fees or other fees
which Broker may incur as a result of any environmental problems associated with the Premises.
10. MLS INFO: It is understood that the Broker may rely on the validity of the data pertaining to this Listing
Contract which has been provided by the Owner, and the Owner agrees that the broker may disclose such data to
the Loopnet service, and that the Broker will furnish notice to such entity of all changes of information
concerning the subject property as agreed by the Owner, and that upon completion of a signed Contract to
Purchase on said property, the Broker will notify the Loopnet service of said sale and authorize the dissemination
of sales information.
11. BROKER'S SERVICES: It is understood by the Owner that the services of the Broker herein are to use his best
efforts to find a purchaser for the real estate above described during the term of this Contract and that the Broker
is not and shall not be charged with the responsibility for the custody, management, care, maintenance, protection
or repair of the real estate and improvements nor for the protection or custody of the personal property located
therein. The Broker is hereby authorized to put a "AVAILABLE" sign on said real estate, and the broker is
further authorized to advertise Owner's property as broker deems advisable in the local newspaper or other
mediums of advertisement and further authorized to take and use photographs and video of the interior and
exterior of the property.
It is agreed the Broker, Subagent or Buyer- Broker or his representative and all prospective purchasers shall at all
reasonable times have access to said premises and appurtenances located thereon for the purpose of showing or
inspecting same.
12. AUTHORITY TO OBTAIN MORTGAGE INFORMATION: The Owner does hereby authorize the lending
institution with whom the Owner presently has a mortgage to divulge any mortgage information required by the
Broker.
13. FAIR HOUSING: This property is offered for sale without regard to race, color, religion, sex, handicap, familial
status or national origin in accordance with state and federal laws.
14. INDEMNIFICATION: This information is true and correct to the best of Owner's knowledge and is provided for
the purpose of being relied upon. In the event any dispute arises concerning the condition of said real estate or
any equipment contained therein, or arises from incorrect, misrepresented or withheld information, the Owner
hereby agrees to and does indemnify and hold the Broker and his agents and subagents harmless from any and all
claims, demands, damages, suits, liabilities, cost or expense, including reasonable attorney's fees incurred and
arising out of all such disputes other than disputes arising out of defects in the real estate specifically set forth in
the foregoing exceptions. In the event of the transfer of any interest in the above described real estate to another
party, this provision shall survive such passing of interest. The Owner herewith provides detailed information
respecting said property for the Broker's use and for the use of the Indiana Board of Realtors and its subscribers,
which said information is incorporated herein and made a part hereof by reference.
15. ARBITRATION: Any dispute out of this Contract shall, at the option of either party, be settled by binding
arbitration. Within ten (10) days after either party shall request arbitration in writing, the parties shall agree upon
an impartial arbitrator, and failing agreement, sub arbitrator shall be selected by the American Arbitration
Association at the request of either party. The arbitration shall be conducted in St. Joseph County, Indiana, in
accordance with the then current rules of the American Arbitration Association, and judgment upon the award
granted by the arbitrator may be entered in any court in St. Joseph County, Indiana. Fees, costs, and expenses of
the arbitrator, as well as the reasonable attorney fees and other costs and expenses of the arbitration incurred by
the prevailing party, shall be born by the party against whom the arbitration shall be determined, or such
proportions as the arbitrator shall designate.
16. ENFORCEMENT OF AGREEMENT: The Owner shall pay upon demand all the broker's costs, charges, and
expenses, including reasonable fees of attorneys, agents, and others retained by the broker incurred in enforcing
the Owner's obligations hereunder or incurred by the broker in any litigation, negotiation, arbitration, or
transaction involving the Owner in which the broker becomes involved or concerned without the broker's fault.
17. FURTHER PROVISIONS: Additional paragraphs numbered , attached to this Contract are part of this
Contract and the terms and provisions thereof are binding upon the Owner and broker.
18. OWNER ACKNOWLEDGES THAT:
a. This Contract is binding upon the Owner's heirs, administrators, executors or assigns.
b. He has read and understands this Listing Contract and profile sheet.
C. Broker and Broker's subagents are exclusively the agents of the Owner and not the agent of the
Purchaser; however, the agent and subagents are under a duty to treat all parties in the
transaction fairly. If a limited agency will exist in the future, proper disclosure will be made to
the Seller in advance of the negotiations for the sale or lease of the subject property.
d. A Buyer- Broker, even if compensated by the Listing Broker, will represent the interest of the
Buyer.
This is a legal, binding contract. If not understood seek legal advice.
The undersigned accepts this Listing Contract and agrees to the terms this day of , 2011
OWNERS:
JEFF GIBNEY
CITY OF SOUTH BEND REDEVELOPMENT
1200 COUNTY CITY BUILDING
SOUTH BEND, IN 46601
REAL ESTATE BROKER: Grubb & EllislCressy & Everett
Timothy Mehall George Cressy CCIM Edward Bradley CCIM SIOR CPM
GRUBB & ELLISICRESSY & EVERETT
LISTING CONTRACT ADDENDUM
REAL ESTATE AGENCY RELATIONSHIPS
When representing a buyer, seller, lessor, lessee or other client as an agent, Realtors pledge themselves to protect and
promote the interests of their client. This obligation of absolute fidelity to the client's interest is primary, but it does not
relieve Realtors of their obligation to treat all parties fairly and honestly. When serving a buyer, seller, lessor, or lessee, or
other party in a non - agency capacity, Realtors remain obligated to treat all parties honestly.
Grubb & EllisjCressy & Everett and its agents shall act as single agents when representing either the buyer /lessee or the
seller /lessor, or as limited agents when selling a Company listing to a buyer /lessee client. In the case of limited agency,
Grubb & EllisjCressy & Everett and its agents will not disclose to the buyer /lessee the lowest price that the seller /lessor
will take, nor disclose to the seller /lessor the highest price that the buyer /lessee will pay. Should there be other terms that
either party considers as strictly confidential, specifics regarding these terms can be included in the limited agency consent
agreement and thereby held as secret from the other client.
The Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS requires us as the listing broker to state our
general company policies regarding cooperation with other licensees in the sale or leasing of your real estate.
You the Seller /Lessor consent to our marketing of your real estate with the assistance of cooperating licensees who
operate in those capacities indicated by a check on the lines below:
® Subagents
Subagents are brokers who procure buyer /lessees, but who agree to act as an agent of the listing broker, and who
represent the interest of the seller /lessor. Grubb & EllisjCressy & Everett's policy is to pay a Subagent a portion
of the sale or lease commission.
® Buyer /lessee- Brokers
Buyer /lessee- Brokers are licensees who represent the interest of buyer /lessees, even if compensated by the listing
broker. Grubb & EllisjCressy & Everett's policy is to pay a Buyer /lessee- Broker a portion of the sale or lease
commission.
® Limited Agency
Grubb & EllisjCressy & Everett may occasionally serve as a buyer /lessee- broker representing a buyer /lessee
client. That raises the possibility that such a client might desire to view and perhaps purchase or lease your real
estate. You as seller /lessor and Grubb & EllisjCressy & Everett as listing broker hereby agree that neither we nor
any salesperson under our supervision will represent the interest of any person other than you in the sale of your
real estate, without disclosure to you for any showings and written disclosure to you before negotiations are
initiated with such buyer /lessee clients.
Dated this . day of 12011
OWNERS:
_JEFF GIBNEY
CITY OF SOUTH BEND REDEVELOPMENT
1200 COUNTY CITY BUILDING
SOUTH BEND, IN 46601
REAL ESTATE BROKER: Grubb & EllislCressy & Everett
I i
Timothy Mehall George Cressy CCIM Edward Bradley CCIM SIOR CPM