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Home My WebLink AboutDonation Agreement - Habitat for Humanity - Donation of Vacant Lot to City1316 COUNTY -CITY BUILDINGf� �� g :i PHONE 574/ 235-92$1 ' �1 227 W.JEFFERSON BOULEVARD MAC'K ' FAX 574/235-9171 SO[ ITH BEND_ INDIANA 46601 -1 930 " r CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU IC WORKS September 24, 2019 Attn: President Habitat for Humanity of St. Joseph County, Inc. 402 E. South St. South Bend, IN 46601 RE: Donation Agreement Dear President: The Board of Public Works, at its meeting held on September 24, 2019, approved the above donation of a vacant lot at 1251 W. Colfax to the City. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU DONATION AGREEMENT This is a Donation Agreement (the "Donation Agreement") for certain real property located at 1251 W. COLFAX AVENUE, SOUTH BEND, IN 46616 ("Property"), dated and effective as of this 24TH day of SEPTEMBER, 2019 between HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY, INC. a domestic nonprofit corporation ("Donor") and CIVIL CITY OF SOUTH BEND, a municipal corporation, FOR THE USE AND BENEFIT OF ITS BOARD OF PUBLIC WORKS ("Donee"). RECITALS This Donation Agreement is made and entered into on the basis of the following facts and understandings of the parties hereto: A. Donor is the owner of the Property, which is more particularly described on l"Nlibit A attached hereto. B. Donor desires to donate the Property to the Donee and the Donee desires to accept the Property under the terms and conditions set forth herein. 1.1 Representations and Warranties of Donor. Donor represents and warrants that it is duly organized and in good standing in the State of Indiana as a non-profit corporation, and that the signatory hereto has been authorized by the Donor to transfer the Property to the Donee. Further, Donor represents and warrants that it has good and marketable fee simple title to the Property and has not granted any option or right of first refusal to any person or entity to acquire the Property or any interest therein. 1.2 Transfer. Donor agrees to donate the Property to Donee as a gift and for no consideration, and Donee agrees to accept the Property from Donor on the terms and conditions set forth herein. 1.3 Title. Title shall be transferred via a quit claim deed or its equivalent substantially in the form attached hereto as Exhibit B. 1.4 Cigaing (.'gal , Donee shall pay all costs associated with the transfer of the Property, including but not limited to transfer fees and recording costs. 1.5 Taxes. Donor shall be liable for all taxes assessed and levied against the Property up to the transfer date. 1.6 Filriller . Donee and Donor agree to execute all instruments and documents and to take all actions reasonably necessary and appropriate to consummate the transfer and donation of the Property and shall use their best efforts to close in a timely manner. 2. AC,,CTPTANCL QF 1 2.1 ' M ,. Except for the representations and warranties of Donor as set forth in Section 1.1 hereof, Donee accepts the Property "as -is, where -is" and without any representations or warranties by Donor as to the condition of the Property or its fitness for any particular use or purpose. Donor offers no such representation or warranty as to condition or fitness, and nothing in this Agreement will be construed to constitute such a representation or warranty as to condition or fitness. 2.2' . � ° a. Donee authorizes David Relos or Andrew Netter of the Department of Community Investment to execute any documents on its behalf that are required to effect the transfer. 3. GENERAL PROVISIJINS 3.1 Successgra and AsS gns. This Donation Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. Notwithstanding the foregoing, Donee may not transfer, assign or encumber Donee's rights under this Donation Agreement without Donor's prior written approval. 3.2 1�111il°e AgregingUl. This Donation Agreement contains the entire agreement between the parties concerning the Donation and transfer of the Property and supersedes all prior written or oral agreements between the parties to this Donation Agreement. No addition to or modification of any term or provision shall be effective unless in writing, signed by both Donor and Donee. 3.3 Jartial IL11alidiiX. If any portion of this Donation Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Donation Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Donation Agreement. 3.4 !C�gyerning &)I. The parties intend and agree that this Donation Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. 3.5 i . s. No person other than Donor and Donee, and their permitted successors and assigns, shall have any right of action under this Donation Agreement. 3.6 Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision. 3.7 Captions. The captions and Section numbers of this Donation Agreement are for convenience and in no way define or limit the scope or intent of the Sections of this Donation Agreement. 3.8 Counternart . To facilitate execution, this Donation Agreement may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. 3.9 hLq&esUjpUt1Qn. All the parties hereto and their attorneys have had full opportunity to review and participate in the drafting of the final form of this Donation Agreement and all documents attached as exhibits. Accordingly, such documents shall be construed without regard to any presumption or other rule of construction whereby any ambiguities within this Donation Agreement would be construed or interpreted against the party causing the document to be drafted. 3.10 N 1j e . Any notices or other communication required or permitted under this Donation Agreement shall be in writing, and shall be (a) personally delivered, or (b) sent by certified or registered United States mail, postage prepaid, return receipt requested, or (c) by overnight delivery by a reputable courier to the address of the party set forth in this Section or (d) telecopied to the Fax number of the party set forth in this Section. Such notice or communication shall be deemed given (i) if sent by personal delivery or by overnight courier, when delivered in person, (ii) if sent by telecopier, when evidence of successful transmission by telecopier has been received by sender or, (iii) in the case of mailed notice, forty-eight (48) hours following deposit in the United States mail. Notice of change of address shall be given by written notice in the manner detailed in this Section. If to the Donee: South Bend Board of Public Works Suite 1316 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Linda Martin, Clerk If to the Donor: Habitat fior Humanity of St. Joseph County, Inc. 402 1' . South St. South Bend, IN 46601 Attn. President 3.11 Time. Time is of the essence of this Donation Agreement. IN WITNESS WHEREOF, the Donor and the Donee have signed this Donation Agreement to be effective as of the date first set forth above. DONOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY, INC. B° Y• Printed: Title: DONEE SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President Therese I:or��„ M fiber —k t t I4— ." -- Elizabeth Maradik, Member Gei ieve Miller, Meml O'Sullivan, Mcinber Linda Martin, Cl k EXHIBIT "A" Property Address: 1251 W. Colfax Ave. South Bend, IN 46616 Legal Description: Lot Numbered Eighty Seven (87) as shown on the recorded Plat of Commissioner's Subdivision of Bank Out Lot Numbered 79 of the Second Plat of Out Lots of the Town now City of South Bend, Indiana platted by the State Bank of Indiana Tax Key Number: 018-1044-1876 EXHIBIT "B" I quit Claim deed RETURN TO: City of South Bend 227 W Jefferson Blvd., Ste 1400S South Bend, IN 46601 QUIT CLAIM DEED AUDITOR'S RECORD TRANSFER NO. TAXING UNIT KEY NO. 018-1044-1876 THIS INDENTURE WITNESSETH, THAT the Habitat for Humanity of St. Joseph County, Inc., an Indiana nonprofit corporation, with an address of 402 E South Street, South Bend, Indiana 46601 (the "Grantor") CONVEYS AND QUIT CLAIMS TO the Civil City of South Bend, for the use and benefit of its Board of Public Works, with an address of 1400 S. County -City Building, 227 W Jefferson Boulevard, South Bend, Indiana 46601 (the "Grantee") for and in consideration of One Dollar ($ 1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following real estate in St. Joseph County, Indiana: Lot Numbered Eighty Seven (87) as shown on the recorded Plat of Commissioner's Subdivision of Bank Out Lot Numbered 79 of the Second Plat of Out Lots of the Town now City of South Bend, Indiana platted by the State Bank of Indiana. Commonly known as 1251 W. Colfax Ave., South Bend, IN 46616. Parcel No. 018-1044-1876 Grantor hereby conveys the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character, subject to all highways, easements and rights of way of record. The undersigned person executing this Quit Claim Deed on behalf of the Grantor represents and certifies that he or she has been fully empowered and authorized to execute this Quit Claim Deed and that all action necessary to complete this conveyance on Grantor's behalf has been duly taken. Dated this day of GRANTOR: 2019, Habitat for Humanity of St. Joseph County, Inc. By:_... Name: Title: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this day of 2019, personally appeared tomeknown to be the _ of Habitat for Humanity of St. Joseph County, the Grantor, and c acknowledged execution of the foregoing Quit Claim Deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. (SEAL) ...... Notary Public Resident of —_ ........... County, Indiana Commission expires I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Sandra L. Kennedy. Prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. EXHIBIT "A" Property Address: 1251 W. Colfax Ave. South Bend, IN 46616 Legal Description: Lot Numbered Eighty Seven (87) as shown on the recorded Plat of Commissioner's Subdivision of Bank Out Lot Numbered 79 of the Second Plat of Out Lots of the Town now City of South Bend, Indiana platted by the State Bank of Indiana Tax Key Number: 018-1044-1876 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 17, 2019 Name Andrew Netter Department DCI Division/Bureau Planning BPW Date 09/24/2019 Phone Extension 5931 .:.,vem�wumaimm ��warwrc;iv�u�n r�n�rwscwiowA r�,�r. vrura�mvrsw;mvra��a�— �;,�rvtw,�,��u�u�u�u�uuwuaw�ww�w:r ma�mummm.mwwwwumi�mr��r�urew��7�mr,�i,��..��aiwwmamoomu��:m�.rin �s _ITIT.. ... ...._.—... �, ... ........ .._,., _._.........w_,._._ ... ._ _ ._,,,...m......_._...... Board Rem ulred Prior to Submittal to— mmIT _ Legal ® ._ ....... Attorney Name: Clara McDaniels Controller Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing [� Che ..� _ ..—w k the Ap r ro a Item TypIT ._R�,rq for Al/ Submissions Agreement Amendment LJ ITIT m ITITIT Contract E] Proposal [�Addendum E] Professional Services ❑ Resolution ❑' Bid Opening]' Bid Award ❑ Req. to Advertise ❑ Title Sheet Quote Opening Quote Award El Change Order No. C/O & PCA No. ❑ PCA 0 Ease/Encroach. ❑ Traffic Control: ® Other: Property Donation Agreement / Resolution Accept19 the transfer of crop qy to the Civil City�mw _ uired Information Company or Vendor Name Habitat for Humanity of St Jose h Coun , IInc ..... �w El Yes Z No If Yes, Approved by New Vendor rchasin ._ MBE/WBE Contractor � MBE �,��..- WBE MBE/WBE Contractor Requested q ❑ No ❑Yes of Comp ...._ Name an Protect Name Property Donation — 1251 W. Colfax Project Number ..... .. �.. ..... _.... _...,,............................w� __,... Funding Source 018-1050-460 36.01 Account No. Amount Terms of Contract Purpose/Description Habitat for Humanitywishes to donate ............ 5 mm .......� a vacant lot at 1251 W. Colfax to the City. The City offers to cover all transfer and recording fees a or'_ transaction. __._-Re.quire_ Contractor's Certification Forms _ Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) ._....._ ..... wired For an Orders O mm _ ..._.� . _.....w ..._.w ........ _ Amount of Decrease