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HomeMy WebLinkAboutNo. 0077 approving the proposed disposition and minimum price for a certain parcel of real estate in Sample Street Project INDIANA R-7 Area by advertising/soliciting written bidsRESOLUTION NO. 77 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT APPROVING THE PROPOSED DISPOSITION AND MINIMUM PRICE FOR A CERTAIN PARCEL OF REAL ESTATE IN THE SAMPLE STREET PROJECT INDIANA R -7 AREA BY ADVERTISING AND SOLICITING WRITTEN BIDS. WHEREA , land constituting the triangular tract of land of Disposition !parcel No. 6 of the Sample Street Project Indiana R -7 has been acquir- ed for the use and benefit of its Department of Redevelopment; and WHBREA , the South Bend Redevelopment Commission is of the opinion that Ts land should be offered for sale as promptly as possible subjeto the requirements of the Redevelopment Plan; and VMEREA , the South Bend Redevelopment Commission is of the opinion that p oposed sale at this time would be both timely and to the best intere is of the community; NOW, T #EREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMIS ION AS FOLLOWS: a. That the proposed real estate offered for sale is fully described in the Offering Sheet, which Offering Sheet is ordered attached hereto as Exhibit "A" and made a part of this resolution. The real estate to be sold at this time should be the real estate known as the triangular tract of land of Disposition Parcel No. 6 its shown on the map prepared by Charles W. Cole & Son, Engineers, which map is ordered attached to this resolution and marked Exhibit "B ". b. That the real estate be disposed in accordance with Section 48--8559, Burns Annotated Indiana Statutes which provides in substance the tract of land will be advertised at least one time in two newspapers of general circulation in South Bend, Indiana. Specifically, the date of publication is to be March 25 1964. Written bids are to be publicly opened and announced at a regular meeting of the Redevelopment Commission to be held on April 16, 1964, at 10 :30 a.m., E.S.T., at the office of the So th Bend Redevelopment Commission at 129 West Colfax Avenue in So th Bend, Indiana. That in all respects the proposed disposal pr cedure follow the Statutes of the State of Indiana. C. That the proposed minimum disposal price shall be not less than 48 34� per square foot, which price is not less than the fair va ue of the land for use in accordance with the Urban Renewal Plan and is equal to the average of the three appraisals made of the fair value of said land. d. Th�t no disposition of this land be made by public auction. Adopteo at the regular meeting of the South Bend Redevelopment Com- missio held on March 5, 1964, at the office of the Commission, 129 W. Colfax Avenue, South Bend, Indiana. 4 �o Lt ti x. %Zo 7 O F F E R PROPOSAL AND ACCEPTANCE OF PROPOSAL TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT This box to be filled in by Seller ' Disposal Segment No. ' ' Price $ ' In re: To: CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT 29 West Colfax Avenue South Bend, Indiana Sample Scree't Project Area Project No IND. R -7 DAVE 119 This offer shall be delivered as addressed herein by on , 19_ Four signed copies are to be furn 1. AUTHORITY FOR OFFER The undersigned, hereinafter referred to as the "Offeror ", has been furnished by the South Bend Redevelopment Commission, organized and existing under the Redevelopment of Cities and Towns Act of 1953, as amended, acting for and on behalf of the City of South Bend, Indiana, Department of Redevelopment, here- inafter referred to as the "Department" or the "Seller ", with a copy of the Offering Sheet, and the form of Redevelopment A reement, hereinafter referred to as the "Agreement ", setting f rth the conditions under which property will be sold for the referenced project, all in accordance with the said Act and proper notice of offering. 2. The Offeror offers and agrees to purchase from the Seller the disposal segment of land in the referenced project and at the price hereinafter set forth, for redevelopment in accordance with the Redevelopment Plan for said Area and as set forth in t general statement of the proposed land uses and buildings t be constructed, contained in "Exhibit A" attached hereto a d incorporated herein: escription of Parcel r Disposal Segment Size Price (sq. ft.) (sq.ft.) Approx. Total 7. a 10. I .the event this Offer is accepted by the Department of Redevelopment and the Offeror fails or refuses to perform the remaining conditions of this Offer, and to execute the A reement within sixty (60) days after notification thereof ox such extension of time as may be granted by the Seller, the S ller may terminate all rights of the Offeror hereunder and, ir such event, will retain the good faith deposit made by the Offeror, as liquidated damages by reason of the breach, and the S ller may proceed with other plans for the sale of the disposal s gment. T FEES feror warrants that no person or agency has been employed or tained to solicit or secure the acceptance of this Offer upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or b na fide established commercial agencies maintained by the Offeror for the purpose of securing business. For breach or violation of the warranty, the Department shall have the right to annul its acceptance of this Offer, or the contract to arise thereupon, without liability or in its discretion to require the Offeror to pay, in addition to the purchase price or considera- tion, the full amount of such commission, percentage, brokerage, o contingent fee. Bona fide established commercial agencies m include real estate broker, investment brokers and others e gaged in furnishing bona fide investment or brokerage services. WITHDRAWAL IN CASE OF INABILITY TO DELIVER POSSESSION The Department reserves the right to refund the deposit of the Offeror and to withdraw from the sale of the disposal segment of land at any time prior to conveyance of title thereto in the event that the Department is unable to deliver title and posses- sion of said property by reason of...-the Department being enjoined or prevented from so doing by order or decision of a court of cordpetent jurisdiction, Act of Congress, Executive Order, or act of other legislative or executive body having authority in the pr raises. Ac su ptance or rejection of this Offer shall be made by depositing acceptance or rejection notification in the United States s addressed to the Offeror at the address set forth below. Name of Firm or Individual (Type or Print) By Signature (in ink) (Type Name after Signature) Title (Type or Print) Business Address (Type or Print) Tel. No. State of Incorporation (Type or Print) ISM In th No Pe is is ye re Pr *additional choices may be submitted by separate Offer. * *subject to correction upon actual survey to be furnished by the Department. malting this Offer, the Offeror has given consideration to requirements of the Redevelopment Plan, including "Exhibit 111, which contains the off- street loading, parking, other formance requirements, and the use restrictions. This offer governed by and subject to the terms of the Agreement, which incorporated herein as part hereof by reference. It is erstood that Seller will pay the real estate taxes for the r payable in the year and that portion of the 1 estate taxes for the year payable in the year rated to the date of closing. 3. REJECTIONS AND WITHDRAWAL OF OFFERS It is agreed that this offer shall remain open for a period of si ty (60) days from the final date for delivery of offers as specified above and shall remain in force thereafter until with - dr wn by the Offeror in writing, and that the Department may reject any and all offers, and may waive any informalities th rein. 4. GO CD FAITH DEPOSIT The Offeror transmits herewith a cashier's or certified check in the amount of $ , payable to the order of the South Bend Redevelopment Commission, being a good faith de osit equal to ten percentum (10 %) of the price offered for the disposal segment of land, to be held and applied, or returned if this offer is rejected, or retained as hereinafter provided. Such check or money order may be held by the Seller un eposited at the Offeror's risk. A bid bond, in a form and made by a surety satisfactory to the Seller, will be accepted as the good faith deposit in lieu of a cashier's or certified check. 5. (a) (b) 6. AG dep dis Offeror agrees that: At the time requested by submit to the Department ed by the Department) of and financial ability to disposal segment for the submitted. the Department, the Offeror will a statement (in the form furnish - its organization, qualifications complete the redevelopment of the purchase of which this Offer is After approval of the purchase price by the Department, and within ten (10) days after notification thereof to the Offeror, and prior to the execution of the Agreement, the Offeror will furnish for approval of the Department, its Site and Architectural Sketch Plans as required by "Schedule 1" attached hereto, and which is to be incorpora- ted in the Agreement. EMENT TO BE SIGNED acceptance of this Offer, the Offeror agrees to perform remaining conditions of this Offer, and thereafter to ute the Agreement, to make any additional good faith sit required thereby and to complete the purchase of the osal segment of land in the manner set forth in the Agree- -2- 7. RgTENTION OF DEPOSIT In the event this Offer is accepted by the Department of Redevelopment and the Offeror fails or refuses to perform the remaining conditions of this Offer, and to execute the Agreement within sixty (60) days after notification thereof or such extension of time as may be granted by the Seller, the Seller may terminate all rights of the Offeror hereunder and, in such event, will retain the good faith deposit made by the Offeror, as liquidated damages by reason of the breach, and the S ller may proceed with other plans for the sale of the disposal s gment. S. COVENANT AGAINST CONTINGENT FEES Offeror warrants that no person or agency has been employed or retained to solicit or secure the acceptance of this Offer upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona. fide established commercial agencies maintained by the Offeror for the purpose of securing business. For breach or violation of the warranty, the Department shall have the right to annul its acceptance of this Offer, or the contract to arise thereupon, without liability or in its discretion to require the Offeror to pay, in addition to the purchase price or considera- tion, the full amount of such commission, percentage, brokerage, or contingent fee. Bona fide established commercial agencies may include real estate broker, investment brokers and others e gaged in furnishing bona fide investment or brokerage services. 9. W THDRAWAL IN CASE OF INABILITY TO DELIVER POSSESSION 10. Tie Department reserves the rig'--it to refund the deposit of the Offeror and to withdraw from the sale of the disposal segment of land at any time prior to conveyance of title thereto in the event that the Department is unable to deliver title and posses- sion of said property by reason of-the Department being enjoined or prevented from so doing by order or decision of a court of competent jurisdiction, Act of Congress, Executive Order, or act of other legislative or executive body having authority in the pr1emises. ILING OF NOTICES Acceptance or rejection of this Offer shall be made by depositing such acceptance or rejection notification in the United States Mails addressed to the Offeror at the address set forth below. Name of Firm or Individual (Type or Print) By Signature (in ink) (Type Name after Signature) Title (Type or Print) Business Address (Type or Print) Tel. No. State of Incorporation (Type or Print) -3- 1. Sit anc cor she a. b. C. d. 2. Arc VlE am SCHEDULE I SITE AND ARCHITECTURAL SKETCH PLAN* e (or plot) Plan in sufficient detail and with the dimensions notes necessary to show the location, size and type of struction proposed for each element. The following items uld be shown: All Buildings -- land coverage, number of stories, total floor area, and type of construction. Curb openings, driveways, parking and loading areas, including type of paving and vehicular capacity of parking and loading areas. Other outdoor use areas such as material storage, screening and landscaping. All other facilities. hitectural sketches in elevation, perspective, or other w sufficient to indicate the exterior finish and general earance of proposed buildings and other improvements from lic ways and /or adjoining private property. 3. Attached are maps and drawings, dated an entitled: 4. Rerharks : Submitted on , 196 By Title Approv +d on , 196 CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT 101 ATTESTk Secret�ry of the South Bend Redeve opment Commission *Not 5 (:3) By President of the South Bend Redevelopment Commission be furnished until notified by cise Department per paragraph >f the Offer -5- TO: ACCEPTANCE DATE You are Hereby notif -ed ciao your offer to purc-_iase for redevelopment Disposal Segment No. , is hereby accepted and your good faith deposit in the amount of $ is held and applied pursuant to the offer. The balance of the purcha e price is due and payable as provided in the Agreement. ATTEST: Secretory of the South Bend Redeve opment Commission No. in the ATTEST: Secret< Redeve_ Your Offer amount of $ CITY OF SOUTH BEND, INDIANA, DEPARTMEISN OF REDEVELOPMENT By. President of the South Bend Redevelopment Commission VP.7P0MTnAT to purchase for redevelopment Disposal Segment is hereby rejected and your good faith deposit is returned herewith. of the South Bend ent Commission CITY OF SOUTH BEND, INDIANA, DEPARTMENT OF REDEVELOPMENT By President of the South Bend Redevelopment Commission E X H I B I T A GENERAL STATEMENT OF LAND USES AND BUILDINGS TO BE CONSTRUCTED INCLUDE: Type of operation (manufacturing, distribution, etc.); if a combination, the rclative importance of each; approximate number of employees on premises during a full shift, approximate number of carloads or truckloads in and out (distinguish) in a typical full shift operation.. Also, include approximate size and type of buildings to be constructed in connection with the above uses -7- a �-D ' LOCATED IN Tlif NOR'Ii : `, 011 ' '°TER (N.E. ljA) OF _T 'EC. 141 T. 37 N., L AiF:! 4.A ,, 1 TEiI> ' -ITY OF SOUTH A, A'. '.'1Ji?'I'Ii Di`, _ IBED AS ark. el c Lanc sw'1'natc:6x as 6 of the Plat TtiliUS �IAI, 'i ", Pro �. I?�RiP R -7, e'devcl lment c.,f tt:c, City' of :�- 'out'l Bend , Ir t.�na, j} 9 3 i i) • J n !utt Y• sF 1,n the i t ;! O f 1l0WC; ;ent .; uthcast crly line 01. en' 'v e istird ;;;t C, s in rIaeas 1•c-d at ;li.t the north line of the northeast quarter of Section 14, Township 37 North, Range 2 East, and 70.00 feet Southeasterly, measured at right angles from the northwesterly line, prolonged Northeasterly, of P A'ri Avenue as shown on the recorded Plat of said Francis R. Tutt', First Addition; thence South 87 degrees 52 minutes 31 secon,' West along a line 11.60 feet to a point on said line for a PoiII of Beginning; thence South 28 degrees 17 minutes 06 seconds West 477.83 feet along the southeasterly line of the herein described Parcel, which line is parallel with and 60.00 feet Southeasterly, measured at right angles, from the northwest- erly 11'ne of the original 60 -foot wide Prairie Avenue as shown on the recorded Plat of said Francis R. Tutt's First Addition; thence "forth 0 degrees 08 minutes 09 seconds West 136.59 feet; thence Northerly 60.S2 feet along an arc to the right and having a radius of 565.00 feet and subtended by a long chord having a bearing of North 02 degrees 55 minutes 58 seconds East and a length of 60.49 feet; thence North Ob degrees 00 minutes 05 secondq East 81.96 feet; thence North 00 degrees 08 minutes 09 seconds West 43.02 feet; thence Northeasterly 145.13 feet along an arc �o the right and having a radius of 94.48 feet and sub- tended y a long chord having a bearing of North 43 degrees 52 rANo ,.minutes 11 seconds East and a length of 131.28 feet; thence North 87 degrees S2 minutes 31 seconds East 124.29 feet to the -2- , tA- i int �f Beginning, containing 42,826 square feet (0.9031 acres), more i,j less. Subject to a utility easement 45.00 feet in width northwIst and southeast, abutting and northwestcrly from the southeasterly line of saki Parcel No. 6 as herein describc <i. All bearings for the herein described Plat are referred to n bearing of North 0 degrees, 00 minutes, 00 seconds East (Issumed . 0' 00' 00" E.) for the centerline of the present 66 -foot wide Stott Street, 'EAS; ja -3- CHAS. W. COLE $ SON March S. 1964