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HomeMy WebLinkAboutDonation Agreement - Property Donation of 722 E. Indiana Ave. – Jacob Donaldson  ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS June 22, 2021 Mr. Jacob Donaldson 25751 Kern Rd. South Bend, IN 46614 RE: Donation Agreement Dear Mr. Donaldson: At its June 22, 2021 meeting, the Board of Public Works approved the above referenced agreement for City acceptance of the property donation of 722 E. Indiana Ave. to promote the infill development of affordable housing. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh Memorandum June 15, 2021 TO: Board of Public Works FROM: Andrew Netter, Department of Community Investment SUBJECT: Donation Agreement, 722 E. Indiana Ave., South Bend, IN 46613 The Department of Community Investment is asking for the Board of Public Works to approve the donation agreement and acceptance of the property donation of 722 E. Indiana Ave., South Bend, IN 46613 from the Jacob Donaldson, the owner. This property is located in the Southeast Neighborhood of the City and is within the Southeast Neighborhood Master Plan area. As such, acquisition of this property has the potential of forwarding City plan initiatives in this area. Additionally, the City has been working with area Community Development Corporations, such as 466 Works, to promote the infill development of affordable housing. 1 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 24th day of June 2021 between JACOB DONALDSON, of 25751 Kern Rd., South Bend, IN 46614 (“Donor”) and the CITY OF SOUTH BEND, INDIANA, 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 he 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, and he has the sole authority to transfer the Property to the Donee. . 1.2 Transfer. Donor agrees to donate the Property to Donee as a gift and for no consideration no later than July 30, 2021, 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 special warranty deed substantially in the form attached hereto as Exhibit B. 1.4 Closing Costs. 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 agrees to pay for the prorated taxes for tax year 2020, payable in 2021 levied against the Property, which shall be remitted to Donee at time of the Property transfer. 1.6 Further Assurances. 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. ACCEPTANCE OF PROPERTY. 2.1 Donee’s Acceptance. 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’s Authorized Representative. Donee authorizes Andrew Netter of the Department of Community Investment to execute any documents on its behalf that are required to affect the transfer. 3. GENERAL PROVISIONS 2 3.1 Successors and Assigns. 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 Agreement. 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 Partial Invalidity. 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 Governing 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 No Third Parties Benefits. 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 Counterparts. 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 No Presumption. 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 3 against the party causing the document to be drafted. 3.10 Notices. 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. Anne Fuchs, Clerk If to the Donor: Jacob Donaldson 25751 Kern Rd. South Bend, IN 46614 3.11 Time. Time is of the essence of this Donation Agreement. Signature Page Follows 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 Jacob Donaldson Signature DONEE SOUTH BEND BOARD OF PUBLIC WORKS Elizabeth Maradik, President Jordan Gathers, Member Gary Gilot, Member Murray Miller, Member Joseph Molnar, Member ATTEST: Anne Fuchs, Clerk EXHIBIT “A” Property Address: 722 E. Indiana, South Bend, IN 46613 Legal Description: Lot Numbered Twenty-five (25) as shown on the recorded Plat of Henry Studebaker's First Addition to the City of South Bend recorded in Plat Book 8, page 62 in the Office of the Recorder of St. Joseph County, Indiana. Tax Key Number: 018-7047-1819 EXHIBIT "B" Special Warranty Deed HOLD FOR: AUDITOR’S RECORD City of South Bend TRANSFER NO. 227 W Jefferson Blvd., Ste 1400S TAXING UNIT: South Bend, IN 46601 DATE: KEY NOS. 018-7047-1819 SPECIAL WARRANTY DEED THIS INDENTURE WITNESSETH, THAT the JACOB DONALDSON, of 25751 Kern Rd., South Bend, IN 46614 (the “Grantor”) CONVEYS AND SPECIALLY WARRANTS TO the Civil City of South Bend, for the use and benefit of its Board of Public Works, with an address of 1300 N. 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 Exhibit 1, attached hereto and incorporated by reference herein (the "Property"). Grantor warrants title to the Property only insofar as it might be affected by any act of the Grantor during his ownership thereof and not otherwise. Further, Grantor hereby conveys the Property 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. Signature Page Follows Dated this _____ day of _________________, 2021. GRANTOR: JACOB DONALDSON STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this _____ day of _______________, 2021, personally appeared Jacob Donaldson to me known to be the Grantor of the Property as herein described, and acknowledged execution of the foregoing Special Warranty Deed as his true act and 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 Description Property Address: 722 E. Indiana, South Bend, IN 46613 Legal Description: Lot Numbered Twenty-five (25) as shown on the recorded Plat of Henry Studebaker's First Addition to the City of South Bend recorded in Plat Book 8, page 62 in the Office of the Recorder of St. Joseph County, Indiana. Tax Key Number: 018-7047-1819 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/15/2021 Name Andrew Netter Department DCI BPW Date 06/22/2021 Phone Extension 5931 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Sandra Kennedy Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Donation Agreement Ease./Encroach Required Information Company or Vendor Name New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Donation Agreement 722 E. Indiana Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Donation agreement with Jacob Donaldson, owner of 722 E. Indiana Ave. Property is located in the Southeast target area and in an area where the City along with partner organizations have been promoting development of low/mod income housing. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: