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HomeMy WebLinkAboutDonation Agreement - South Bend Heritage Foundation/ � 4 1316 COUNTY -CITY BUILDING J „,d j PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD FAX 574/ 235-9171 SOUTH BEND_ INDIANA 46601-1 Ran CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS October 22, 2019 Marco Mariani South Bend Heritage Foundation 803 Lincoln Way West South Bend, IN 46616 RE: Donation Agreement Dear Mr. Mariani: The Board of Public Works, at its meeting held on October 22, 2019, approved the above referenced Donation Agreement in the amount of $1. Enclosed please find a copy of the agreement 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, which is more particularly described on Exhibit A ("Property"), dated and effective as of this 22ND day of OCTOBER, 2019 between SOUTH BEND HERITAGE FOUNDATION, 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"). 1. DONATION. 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 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 Transter. 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 C1jLsj_n1Coat,5, 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. Donee shall be liable for all taxes assessed and levied against the Property. 1.6 nc . 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. " " a .PT iV F F III(P ,1 T 2.1 e ' Aeggiltallce. 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 ' ., , -� ° 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 PROVISIONS 3.1 45-mccessors 1 AmigLIs. 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 Entire Agrggjilent.. 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 !al-dal_Jnvaliilite,. 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 Gover1lilIg Law. 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 Na Jbird P ° " gs efis. 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 al) tioii . 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 ".'oUnter~ r ts. 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 ;1' g I"-esrrrrrrfig . 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 Ng ;i . s. 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 2 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: South Bend Heritage Foundation, Inc, 803 Lincoln Way West South Bend, IN 46616 Attn. President 3.11 Time. Time is of the essence of this Donation Agreement. Signature Page Follows 3 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 SOUTH BEND HERITAGE FOUNDATION, INC. By: Printed: MAaW 7: M04 AIJ Title:k�'� 4To2 DONEE SOUTH BEND BOARD OF PUBLIC WORKS Z . Gary Gilot, President Therese Dorau, Member Elizabeth Maradik, Member Member 1 :.tjra. O'Sullivan, Member ATTEST. 4,Linda Martin, bler- EXHIBIT "A" Property Address: 622 West Marion Street South Bend, IN 46624 Legal Description: Lots Numbered Five (5) and Six (6) as shown on the recorded Plat of Smith and Jackson's Subdivision of Lots Numbered Seven (7), Eight (8), Nine (9), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15) in Kent and Garrison's Subdivision of Out Lot Number One (1) in Henricks and Grant's Addition to the Town, now City of South Bend. Tax Key Number: 018-1055-2352 Property Address: 1209 West Colfax Avenue South Bend, IN 46616 Legal Description: A Lot or parcel of land Thirty-five (35) feet in Width, East and West, taken off of and from the entire length of the East side of Lot Numbered Forty-two (42) as shown on the recorded plat of Rockafeller's Second Addition to the City of South Bend recorded May 2, 2003 in Instrument Number 0326446 in the Office of the Recorder of Saint Joseph County, Indiana. Tax Key Number: 018-1040-1734 Property Address: 1223 West Colfax Avenue South Bend, IN 46616 Legal Description: Lot Numbered Eighty (80) as shown on the recorded Plat of the Commissioner's Subdivision of the South part of Bank Out Lot Numbered Seventy-nine (79) of the Second Plat of Out Lots of the Town, now City of South Bend, in St. Joseph County, Indiana, as platted by the State Bank of Indiana., recorded June 10, 1874 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 40. Tax Key Number: 018-1044-1884 Property Address: VT ADJ 1235 West Colfax Avenue South Bend, IN 46616 Legal Description: Lot Numbered 83 as shown on the recorded Plat of the Commissioner's Sub -division of the South Part of Bank Out Lot Numbered 79, of the Second Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana. Tax Key Number: 018-1044-1881 EXHIBIT "B" Quit Claim Deed HOLD FOR: City of South Bend 227 W Jefferson Blvd., Ste 1400S South Bend, IN 46601 QUIT CLAIM DEED AUDITOR'S RECORD TRANSFER TAXING UNIT: DATE: ...�._...._.-. KEY NOS. 01� 8-1055-2352 018-1040-1734 018-1044-1884 018-1044-1881 THIS INDENTURE WITNESSETH, THAT the South Bend Heritage Foundation Inc., an Indiana nonprofit corporation, with an address of 803 Lincoln Way West, South Bend, IN 46616 (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 real estate in St. Joseph County, Indiana set forth on E(bit�l, attached hereto and incorporated by reference herein. 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. Signature Page Follows Dated this day of GRANTOR: South Bend Heritage Foundation, Inc. By;,, Name: Title: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) 2019. Before me, the undersigned, a Notary Public for and in said County and State this day of „ 2019, personally appeared to me known to be the _ _ of South Bend Heritage Foundation, Inc., the Grantor, and 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 1 Legal Descriptions Property Address: 622 West Marion Street South Bend, IN 46624 Legal Description: Lots Numbered Five (5) and Six (6) as shown on the recorded Plat of Smith and Jackson's Subdivision of Lots Numbered Seven (7), Eight (8), Nine (9), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15) in Kent and Garrison's Subdivision of Out Lot Number One (1) in Henricks and Grant's Addition to the Town, now City of South Bend. Tax Key Number: 018-1055-2352 Property Address: 1209 West Colfax Avenue South Bend, IN 46616 Legal Description: A Lot or parcel of land Thirty-five (35) feet in Width, East and West, taken off of and from the entire length of the East side of Lot Numbered Forty-two (42) as shown on the recorded plat of Rockafeller's Second Addition to the City of South Bend recorded May 2, 2003 in Instrument Number 0326446 in the Office of the Recorder of Saint Joseph County, Indiana. Tax Key Number: 018-1040-1734 Property Address: 1223 West Colfax Avenue South Bend, IN 46616 Legal Description: Lot Numbered Eighty (80) as shown on the recorded Plat of the Commissioner's Subdivision of the South part of Bank Out Lot Numbered Seventy-nine (79) of the Second Plat of Out Lots of the Town, now City of South Bend, in St. Joseph County, Indiana, as platted by the State Bank of Indiana, recorded June 10, 1874 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 40. Tax Key Number: 018-1044-1884 Property Address: V\L ADJ 1235 West Colfax Avenue South Bend, IN 46616 Legal Description: Lot Numbered 83 as shown on the recorded Plat of the Commissioner's Sub -division of the South Part of Bank Out Lot Numbered 79, of the Second Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana. Tax Key Number: 018-1044-1881 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date October 15 2019......................... _.................,�.......... Name David Relos Department DCI BPW Date October 22 2019 Phone Extension 5836 Y�MWI',�F�"bwVdRNfl99MIWPIIIIWMMMMMRNIMN.Y'W'HWWI4'hVRYYrt�rt�MhutlAr.'"z� .. � � ... � i3:,.�.::: !M1',"FA�M1!9"M RPYVIY fY _ ss. a-mm �:umm�nmo�;,mu-L".Y.:JPIPI�i�,� Yd3NIrilY,I�Y1 C _� ..._..._. .. ..._ Lq(Li�i1 �t Prior to Submittal to Board BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney Z Attorney Name Sandi Kennedy ....... .. .... ..n ................ Purchasing issions LJ Professional Services Agreement H Contract ❑ Proposal [� Open Market Contract ❑ Amendment/Addendum [—] Special Purchase, QPA �] Bid Opening ❑ Bid Award ❑ Req. to Advertise Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes [:] Proposal Opening ❑ C/O & PCA No. PCA Chg. Order, No. F-] Traffic Control ❑ Resolution Other: Donation x ecrx�cd�t [� Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description South Bend H.' ° u, _.......io.,� ❑ Yes If Yt�c Foundation es, A roved b Purchase ... pP Y Purchasing No No MBE Completed E-Verify Form Attached Q WBE ❑ Title Sheet [l Yes No Donation of four vacant lots in two key target areas. Three parcels along the southern edge of City Cemetery & one at Charles Martin / LWW. ForCh pgc, Orders Only " �. Amount of Increase ❑ Decrease ($ _. ..., . .. ���. .. �.�....e............... Previous Amount $ Current Percent of Change: New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease %o Time Extension Amount: New Combletion Date: