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Resolution No 10-2024 - Agreement to Authorize the Purchase of 1150 E. Mishawaka Ave. (Kelly’s Pub)
County -City Building 227 W Jefferson Blvd, Suite 1400 S South Bend, IN 46601 James Mueller, Mayor City of South Bend Department ofCom m unity In vestm en t Phone 311 inside City limits Ern ail 311 southbendin.gov Website Southbendin.gov Memorandum / March 5, 2024 TO: Board of Public Works FROM: Joseph Molnar, Department of Community Investment SUBJECT: Resolution and Purchase Agreement authorizing acquisition of Kellys Pub Enclosed is a Resolution and Purchase Agreement of the Board of Public Works to purchase 1150 E Mishawaka Ave which is currently the site of Kelly's Pub. The property has been a point of neighborhood concern with multiple shootings over the past years and a history of frequent police calls to the pub. In December after another shooting, neighbors organized a meeting between nearby neighbors, city officials, and Mr. Kelly the owner of the pub. Out of that meeting, City staff began the conversation to purchase the property. City staff believe it would be beneficial for the City to purchase the property for four primary reasons. 1) The property has had numerous safety issues over the past few years, while a City purchase would not completely solve the issue, it would significantly improve the safety of the surrounding area. 2) The property has been quietly listed for sale for some time, with a most likely purchaser other than the City to continue operate a bar in a similar manner. The City's purchase allows the City to control the future of the property and ensure an eventual future owner will be capable of better securing the property. 3) The commercial area surrounding Kelly's Pub has seen recent organic business growth over the past half decade with the expansion of established and opening of new small businesses including but not limited to Cloud Walking Cafe, Oh Mamma's Cheese Shop, Ironhand Winery, K Fit, etc. The site would be prime for eventual redevelopment and a key property in the City's portfolio. 4) The City is in the planning stages for streetscape improvements to Mishawaka Ave. and improvements to the Beyer/Longfellow/Mishawaka Ave. intersection. It would be beneficial to have property control of Kelly's during the planning and construction of those improvements. j City of South Bend I Comm unitylnvestment The Common Council will hold a public hearing on an authorizing resolution on March 11 th If that resolution is approved, the Board of Public Works can vote on March 12th on the attached resolution and purchase agreement to purchase the property in accordance with I.C. 36-1-10-5. The Purchase Agreement sets the purchase price of the property, which includes three separate parcels at $275,000.00. According to the Agreement, all bar operations must cease on March 26th at 6:00 p.m. If you have any questions, please feel free to contact our office. City of South Bend I COM M UD ity ID VeStM eD t RESOLUTION NO. 10-2024 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE PURCHASE OF REAL PROPERTY LOCATED AT 1150 E. MISHAWAKA AVE., SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City") pursuant to I.C. 36-9-6-3; and WHEREAS, the City, acting by and through the Board, may purchase land or structures in accordance with the procedure stated in I.C. 36-1-10.5; and WHEREAS, on March 11, 2024, the South Bend Common Council approved Resolution 10-2024 pursuant to I.C. 36-1-10.5-5(1), and the Board intends to purchase the real property located at 1150 E. Mishawaka Ave., South Bend, Indiana, and more particularly described in attached Exhibit A (the "Property"); and WHEREAS, the Board has obtained two (2) appraisals, attached as Exhibit B, of the fair market value of the Property in accordance with I.C. 36-1-10.5-5(2); and WHEREAS, the Board believes it is in the best interest of the City and its residents to purchase the Property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board hereby appoints Mr. Joseph Molnar, of the Department of Community Investment and a member of the Board, as the Board's authorized representatives in pursuing the purchase of the Property and delegates to each of them all necessary authority to serve in the Board's place as purchasing agent under I.C. 36-1-10.5. 2. The Board hereby approves and will execute simultaneously with this Resolution the form of purchase agreement attached hereto as Exhibit C. The Board instructs Mr. Molnar to deliver a signed copy of the purchase agreement to the owner of the Property. 3. The Board acknowledges that its authority to consummate the purchase of the Property, including the authority hereby delegated to Mr. Molnar, is expressly conditioned upon South Bend Common Council's approval of the purchase through Resolution 10-2024 in accordance with I.C. 36-1-10.5-5(1). 4. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on March 12, 2024, at 1308 County -City Building, 227 West Jefferson Boulevard, South 1 Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: March 12, 2024 2 EXHIRTT A Description of the Property Parcel T- Parcel Key No. 018-6011-0236 State ID: 71-09-07-353-011.000-026 Legal Description: LOT 13 BEYERS 2ND ADD REPLAT Commonly Known as 1150 E Mishawaka Ave Parcel II: Parcel Key No. 018-6011-0235 State ID: 71-09-07-353-010.000-026 Legal Description: LOT 12 BEYERS 2ND ADD REPLAT Parcel TIT - Parcel Key No. 018-6011-0234 State ID: 71-09-07-353-009.000-026 Legal Description: LOT 11 BEYERS 2ND ADD REPLAT 19A4I1IIIY0V Appraisals of the Property [See attached.] EXHIBIT C Real Estate Purchase Agreement [See attached.] REAL ESTATE PURCHASE AGREEMENT This Real Estate Purchase Agreement ("Agreement") is made and entered into on March 12, 2024 (the "Contract Date"), by and between Mr. Donald R. Kelly Jr. ("Seller"), and the City of South Bend, Indiana, by and through its Board of Public Works ("Buyer" or the "Board") (each a "Party" and together the "Parties"). RECITALS A. The Board has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City") pursuant to I.C. 36-9-6-3. B. The City, acting by and through the Board, may purchase land or structures in accordance with the requirements of Ind. Code § 36-1-10.5 (the "Purchase Statute"). C. The Board desires to purchase from Seller certain real property located at 1150 E. Mishawaka Ave., South Bend, Indiana, and more particularly described in attached ExhibitA (the "Property"). D. The Property is subject to a certain Contract for Conditional Sale of Real Estate (Land Contract) dated February 28, 2006 (the "Land Contract") with Daniel Sedam ("Land Contract Holder"), attached hereto as Exhibit B, and the Land Contract Holder consents to this Agreement between Buyer and Seller. E. Seller desires to sell the Property to the Board on the terms and conditions stated in this Agreement. THEREFORE, in consideration of the mutual covenants and promises in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller agree as follows: 1. SALE OF PROPERTY AND PURCHASE PRICE Subject to the terms and conditions of this Agreement, Seller agrees to sell, convey, assign, and transfer to Buyer the Property at Closing (defined below). The purchase price for the Property shall be Two Hundred and Seventy -Five Thousand Dollars ($275,000.00) (the "Purchase Price"), payable by Buyer to Seller at the Closing as described in Section 11. 2. BUYER'S DUE DILIGENCE A. Investi ate Seller acknowledges that Buyer's determination to purchase the Property requires a process of investigation (Buyer's "Due Diligence") into various matters. Therefore, Buyer's obligation to complete the purchase of the Property is conditioned upon the satisfactory completion, in Buyer's discretion, of Buyer's Due Diligence, including, without limitation, Buyer's examination, at Buyer's sole expense, of zoning and land use matters, environmental matters, real property title matters, and the 1 like, as applicable. B. Authorizations During Due Diligence Period. Seller authorizes Buyer, as of the Contract Date and continuing until the end of the Due Diligence Period (as defined below), to enter upon the Property or to cause agents to enter upon the Property for purposes of examination. If the transaction contemplated herein is not consummated, Buyer shall promptly restore the Property to its condition prior to entry, and agrees to defend, indemnify and hold Seller harmless, before and after the Closing Date, whether or not a closing occurs and regardless of any cancellations or termination of this Agreement, from any liability to any third party, loss or expense incurred by Seller, including without limitation, reasonable attorney fees and costs arising from acts or omissions of Buyer or Buyer's agents or representatives. C. Due Diligence Period. Buyer shall have a period of thirty (30) days following the Contract Date to complete its examination of the Property in accordance with this Section 2 (the "Due Diligence Period"). Upon such written notice, the Parties may proceed to Closing prior to the expiration of the Due Diligence period described in this Section. D. Termination of Agreement. If at any time within the Due Diligence Period, Buyer determines, in its sole discretion, not to proceed with the purchase of the Property, Buyer may terminate this Agreement, without liability or costs of any kind, by written notice to Seller. 3. SELLER'S CEASING OF OPERATIONS On or before March 26, 2024 at 6:00p.m., Seller will cease operating the Property as a Pub and Restaurant and will not be open for any business to patrons after such time. 4. PRESERVATION OF TITLE AND CONDITION A. Seller shall not take any action or allow any action to be taken by others to cause the Property to become subject to any interests, liens, restrictions, easements, covenants, reservations, or other matters affecting Seller's title (such matters are referred to as "Encumbrances"). B. Seller hereby covenants that Seller will not alter the condition of the Property at any time after the Contract Date. Further, Seller will not release any hazardous substances on or near the Property and will not otherwise collect or store hazardous substances or other materials, goods, refuse or debris at the Property. 5. TITLE COMMITMENT AND SURVEY Seller acknowledges that Buyer intends to obtain, at Buyer's sole expense, and to rely upon a commitment for an owner's policy of title insurance (the "Title Commitment") and a survey of the Property (the "Survey") identifying all Encumbrances as of the Contract Date. 2 The Property shall be conveyed to Buyer free of any Encumbrances other than Permitted Encumbrances (as defined in Section 6). The Title Commitment will be issued by a title company selected by Buyer and reasonably acceptable to Seller (the "Title Company"). The Title Commitment shall: (1) Agree to insure good, marketable, and indefeasible fee simple title to the Property (including public road access) .in the name of the Buyer for the full amount of the Purchase Price upon delivery and recordation of a special warranty deed from the Seller to the Buyer. (2) Provide for issuance of a final ALTA owner's title insurance policy, with any endorsements requested by Buyer, subject to the Permitted Encumbrances. Regardless of whether this transaction closes, Buyer shall be responsible for all of the Title Company's title search charges and the cost of the Title Commitment and owner's policy. 6. REVIEW OF TITLE COMMITMENT AND SURVEY Buyer shall give Seller written notice, within thirty (30) days after the Contract Date, of any objections to the Survey or Title Commitment. Any exceptions identified in the Title Commitment or Survey to which written notice of objection is not given within such period shall be a Permitted Encumbrance. If the Seller is unable or unwilling to correct the Buyer's title and survey objections within thirty (30) days after receipt of a written notice of Buyer's objection to a matter revealed by review of the Survey and/or Title Commitment, Buyer may terminate this Agreement by written notice to Seller prior to expiration of the Due Diligence Period. If Buyer fails to so terminate this Agreement, then such objections shall constitute Permitted Encumbrances as of expiration of the Due Diligence Period, and Buyer shall acquire the Property without any effect being given to Buyer's title and survey objections. 7. SELLER'S REPRESENTATIONS AND WARRANTIES A. The Parties acknowledge that the Property is subject to a certain Contract for Conditional Sale of Real Estate (Land Contract) dated February 28, 2006 (the "Land Contract") with Daniel Sedam ("Land Contract Holder"), which is attached as Exhibit B. Notwithstanding the foregoing, the undersigned Seller represents and warrants to Buyer that he is fully empowered to sell the Property to Buyer under the terms and conditions stated in this Agreement, as evidenced by the Land Contract Holder's signature indicating his consent to this transaction on the last page of this Agreement. B. Seller, to the best of Seller's knowledge, represents and warrants that Seller is not a party to any litigation or administrative proceeding with respect to the Property, nor has any litigation or administrative proceeding been threatened against the Property. Additionally, Seller represents and warrants that he has disclosed to Buyer any notifications from any local, state, or federal authority regarding environmental matters pertaining to the Property. Seller shall provide Buyer a copy of all known environmental inspection reports, engineering, title, and survey reports and documents in Seller's possession relating to the 3 Property. In the event the Closing does not occur, Buyer will immediately return all such reports and documents to Seller. 8. REMEDIES Upon any default in or breach of this Agreement by either Party, the defaulting Party will proceed immediately to cure or remedy such default within thirty (30) days after receipt of written notice of such default or breach from the non -defaulting Party, or, if the nature of the default or breach is such that it cannot be cured within thirty (30) days, the defaulting Party will diligently pursue and prosecute to completion an appropriate cure within a reasonable time. In the event of a default or breach that remains uncured for longer than the period stated in the foregoing sentence, the non -defaulting Party may terminate this Agreement, commence legal proceedings, including an action for specific performance, or pursue any other remedy available at law or in equity. All the Parties' respective rights and remedies concerning this Agreement and the Property are cumulative. 1 y1111Ya:7&-al-welILowl A. Forum. Any action to enforce the terms or conditions of this Agreement or otherwise concerning a dispute under this Agreement will be commenced in the courts of St. Joseph County, Indiana, unless the Parties mutually agree to an alternative method of dispute resolution. B. Waiver of Jury Trial. Both Parties hereby waive any right to trial by jury with respect to any action or proceeding relating to this Agreement. 40. NOTICES All notices required or allowed by this Agreement, before or after Closing, shall be delivered in person or by certified mail, return receipt requested, postage prepaid, addressed to each Party's respective addresses and representatives as stated below. Buyer: South Bend Redevelopment Commission 1400S County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn: Executive Director, South Bend Department of Community Investment With a copy to: South Bend Legal Department 1200S County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn: Corporation Counsel 11 Seller: With a copy to: Either Party may, by written notice, modify the address for future notices to such Party. 11. CLOSING A. Timing of Closing: Unless this Agreement is earlier terminated, the transfer of title contemplated by this Agreement (the "Closing") shall be held at the office of the Title Company on April 30, 2024, or such earlier or later date as mutually agreed by the Parties in writing (the "Closing Date"). B. Closing Procedure. At Closing, Buyer shall deliver the Purchase Price to Seller, conditioned on Seller's delivery of a warranty deed, executed by Land Contract Holder Daniel Sedam, in the form attached hereto as Exhibit C. conveying the Property to the Buyer, free and clear of all liens, encumbrances, title defects and exceptions other than Permitted Encumbrances, and the Title Company's delivery of the marked -up copy of the Title Commitment to Buyer in accordance with Section 6 above. C. Possession. Seller shall deliver possession of the Property to Buyer at Closing in the same condition as it existed on the Contract Date. D. Removal of Personal Property and Fixtures. Before the Possession Date, Seller will remove from the Property all personal property, including refuse and trash of any kind, and the following fixtures: (1) All forms of alcohol and food; and (2) All kitchen -related or bar -related fixtures Seller wishes to remove. All personal property and fixtures remaining at the Property after the Possession Date will be deemed abandoned by the Seller, and Buyer, in its sole discretion, may choose to exercise possession of and control over any such property. E. Closing Buyer shall pay the Title Company's closing fee and all recordation costs associated with the transaction contemplated in this Agreement. F. Seller's Due Dili eg nce. Seller acknowledges that Seller has conducted Seller's own due diligence and acknowledges that the Purchase Price is fair and reasonable and waives any right that Seller may have to contest or challenge the validity of compensation received under this Agreement. G. Satisfaction of Land Contract. Seller and Buyer acknowledge that the Property is subject to a certain Land Contract and agree that the Land Contract Holder will receive payment for any remaining balance due pursuant to the Land Contract at Closing. 12. ACCEPTANCE OF PROPERTY "AS -IS" Except as otherwise set forth herein, Buyer agrees to purchase the Property "as -is, where - is" and without any representations or warranties by Seller as to the condition of the property or its fitness for any particular use or purpose. Seller offers no such representation or warranty as to condition or fitness, and nothing in this Agreement shall be construed to constitute such a representation or warranty as to condition or fitness. 13. TAXES Prior to Closing, Seller will pay all real property taxes accrued on or before the Closing Date. Buyer will have no liability for any amount of real property taxes on the Property. 14. COMMISSIONS: ATTORNEY'S FEES The Parties acknowledge that neither Buyer nor Seller is represented by any broker in connection with the transaction contemplated in this Agreement. Buyer and Seller agree to indemnify and hold one another harmless from any claim for commissions in connection with the transaction contemplated in this Agreement. Each Party shall bear its own attorney's fees, if any, and costs arising in connection with this Agreement and all related matters. 15. INTERPRETATION: APPLICABLE LAW Both Parties having participated fully and equally in the negotiation and preparation of this Agreement, this Agreement shall not be more strictly construed, nor shall any ambiguities in this Agreement be presumptively resolved, against either Party. This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. 16. INDEMNITY The Parties agree to reimburse each other for any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense and settlement), which either party may subsequently incur, become responsible for, or pay out as a result of a breach by the other party in default of this Agreement. In the event of legal action initiated by a third party as a result of a breach of this Agreement, the breaching party shall assume the defense of the non -breaching party, including all costs associated therewith. 17. WAIVER Neither the failure nor any delay on the part of a Party to exercise any right, remedy, power, 3 or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of any such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 18. SEVERABILITY If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall continue in full force and effect unless amended or modified by mutual consent of the Parties. 19. FURTHER ASSURANCES The Parties agree that they will each undertake in good faith, as permitted by law, any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Agreement. 20. TIME Time is of the essence of this Agreement. 21. ENTIRE AGREEMENT This Agreement embodies the entire agreement between Seller and Buyer and supersedes all prior discussions, understandings, or agreements between Seller and Buyer concerning the transaction contemplated in this Agreement, whether written or oral. 22. ASSIGNMENT Buyer and Seller agree that this Agreement or any of its rights hereunder may not be assigned by Buyer, in whole or in part, without the prior written consent of Seller. In the event Buyer wishes to obtain Seller's consent regarding a proposed assignment of this Agreement, Seller may request and Buyer shall provide any and all information reasonably demanded by Seller in connection with the proposed assignment and/or the proposed assignee. 23. COUNTERPARTS. SIGNATURES This Agreement may be separately executed in counterparts by Buyer and Seller, and the same, when taken together, will be regarded as one original Agreement. Facsimile signatures will be regarded as original signatures. [Signature page follows] 7 IN WMIN SS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date, CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 1*'L�a Elizabeth A. Maradik, President Gary A. Gilot, Member t 9n1121+ Murray L. Miller, Member Joseph R. Molnar, Vice President BriancoMember Attest: Theresa M. Heffner, Clerk Date: Much 12, 2024 SELLER: Mr, Donald R, Kelly Jr. 13y: Dated:. > I AGREED, ACKNOWLEDGED, AND CONSENTU'D TO: By his signature below, Land Contract Holder Daniel Sedam hereby consents to the sale of 1150 E Mishawaka Avenue, South Bend, Indiana, by Seller to Buyer, and all other terms contained in this Agreement, as of the Contract Date, LAND CONTRACT BOLDER CONSENT Mr. Daniel Sedam Date: ! �c_� _. A EXHIBIT A Description of Property Parcel I: Parcel Key No. 018-6011-0236 State ID: 71-09-07-353-011.000-026 Legal Description: LOT 13 BEYERS 2ND ADD REPLAT Commonly Known as 1150 E Mishawaka Ave Parcel II: Parcel Key No. 018-6011-0235 State ID: 71-09-07-353-010.000-026 Legal Description: LOT 12 BEYERS 2ND ADD REPLAT Parcel III: Parcel Key No. 018-6011-0234 State ID: 71-09-07-353-009.000-026 Legal Description: LOT 11 BEYERS 2ND ADD REPLAT Exhibit B Contract for Conditional Sale of Real Estate (Land Contract) dated February 28, 2006 EXHIBIT C Form of Warranty Deed AUDITOR'S RECORD TRANSFER NO. TAXING UNIT DATE _ KEY NOS WARRANTY DEED THIS INDENTURE WITNESSETH, that Sedam Daniel R (the "Grantor") 018-6011-0236 018-6011-0235 018-6011-0234 CONVEYS AND WARRANTS to the City of South Bend, by and through its Board of Public Works, 1300 N. County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana (the "Grantee"), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following real estate in St. Joseph County, Indiana (the "Property"): Parcel L- Parcel Key No. 018-6011-0236 State ID: 71-09-07-353-011.000-026 Legal Description: LOT 13 BEYERS 2ND ADD REPLAT Commonly Known as 1150 E Mishawaka Ave Parcel II: Parcel Key No. 018-6011-0235 State ID: 71-09-07-353-010.000-026 Legal Description: LOT 12 BEYERS 2ND ADD REPLAT Parcel TTT- Parcel Key No. 018-6011-0234 State ID: 71-09-07-353-009.000-026 Legal Description: LOT 11 BEYERS 2ND ADD REPLAT The Grantor hereby conveys the Property in fee simple to the Grantee free and clear of all leases, licenses, mortgages, or other encumbrances of any kind or character but subject to all easements, highways, and other matters of record. LM STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) GRANTOR: Mr. Daniel R Sedam Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared , the duly authorized of Grantor and acknowledged the execution of the foregoing Warranty Deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the _ day of 52024 My Commission Expires: Notary Public Residing in St. Joseph County, Indiana 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. /s /Danielle Campbell Weiss This instrument was prepared by Danielle Campbell Weiss, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. 13 City of South Bend Purchase Order Vendor: DAVID WASZAK APPRAISALS INC PO BOX 6373 SOUTH BEND, IN 46660 USA Ship to PO number: PO-0028715 PO version: 1 Date: 1/19/2024 Vendor account: V-00000439 Project number: Community Investment 227 West Jefferson Blvd, Suite 1400 S South Bend, IN 46601 USA Notice and Instructions to Vendor: 1. This Purchase Order is governed by the City of South Bend Standard Purchasing Terms and Conditions, which are set forth at http://www.southbendin.aov/potc and incorporated herein by reference. 2. The City's Indiana sales tax exemption number is 0003122131-001. 3. The City's federal identification number is 35-6001201. 4. All payment and performance obligations of the City are subject to the appropriation and availability of funds. 5. If a cash discount is available, please indicate the applicable discount terms on each invoice. 6. All shipments must include an itemized packing slip detailing the items shipped. 7. The PO number stated above must appear on all invoices, claims, packages, packing slips, and correspondence. 8. For most efficient processing, please submit invoices in PDF or other electronic format by email to accountspaayable@southbendin.gov. Line number Quantity Unit Description1 5,200.00 1 EA jAppraisals of Kelly's Pub 1.00 5,200.00 Charges: $0.00 Total in USD: $5,200.00 Mickey Lovy, Director of Purchasing Phone: (574) 235-9977 Email: mlovy@southbendin.gov Appraisal Report Kelly's Pub 1150 E. Mishawaka Ave. South Bend, In. AS OF 2/5/2024 Written �/19/2024 Prepared For The City of South Bernd 4epared by Iverson �. Grove, MAI, SRA 803 Bower St. Elkhart, In. 46514 (Uniform Standards of Professional Appraisal Practice) USPAP SR 1-2 In developing a real property appraisal, an appraiser must: a) identify the client or other intended users. The client is identified as the City of South Bend. b) identify the intended use of the appraiser's opinion and conclusions: This appraisal report is prepared in connection with community development c) identify the purpose of the assignment, including the type and definition of the value to be developed and, if the value opinion to be developed is market value, ascertain whether the value is to be the most probable price: (i) in terms of cash: or (ii) in terms of financial arrangements equivalent to cash; or (iii) in other precisely defined terms (iv) if the opinion of value is based on non -market financing or financing with unusual conditions or incentives, the terms of such financing must be clearly identified and the appraiser's opinion of their contribution to or negative influence on the value must be developed by analysis of relevant market data. DEFINITION OF MARKET VALUE Market value is defined as the most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specific date and the passing of title from sellerto buyer under conditions whereby: a) Buyer and seller are typically motivated b) Both parties are well informed or well advised and both acting in what they consider their own best interest; c) A reasonable time is allowed for exposure in the open market: d) Payment is made in terms of cash in U.S. dollars, or in terms of financial arrangements comparable with the sale thereto, and: e) The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. OCC reg. 12 CFR 34 & NCUA regulation 722.2 (f), and sec. 225.62(g) of regulation Y of the Federal Reserve Board (12 C F.R. 225.52 (g), FCA 514.4240 (f) d) identify the effective date of the appraiser's opinions. The effective date is 2/5/2023. e) identify the characteristics of the property that are relevant to the purpose and intended use of the appraisal including i) it's location and physical, legal and economic attributes: The subject site is improved by a commercial building used as a bar. it is located in a neighborhood in need of renewal.. ii) Property Interest being appraised: Fee simple iii) Any personal property, trade fixtures, or intangible items that are not real property but are in the appraisal. None are identified iv) Any known easements, restrictions, encumbrances, leases, reservations, covenants, contracts, declarations, special assessments, ordinances, or other items of a similar nature; and: None are noted. v) Whether the subject property is a fractional interest, physical segment or partial holding: Whole f) identify any extraordinary assumptions necessary in the assignment: None are noted g) identify any hypothetical condition: None are noted. i) determine the scope of work necessary to produce credible assignment results in accordance with the SCOPE OF WORK RULE. Public record was used. Government and private sources were consulted for comparable and Compliance data_ Sales comparison was developed as the most applicable approach. 3 ADDRESS: 1150 E. Mishawaka Ave South Bend, ln. TAX PARCELM 71-09-07-353-011.000-026 71-09-07-353-010.000-026 71-09-07-353-009.000-026 3232 . .r f LEGAL DESCRIPTION Beyers 2"d add replat lots 13,12, & 11 History of Ownership See PRCs IDENTIFICATION Page 4 71-09-07-353-011.000-026 SEDAM DANIEL R 1150 E MISHAWAKA AV (KELLYS) ADMINISTRATIVE INFORMATION OWNERSHIP Tax 11) 018-6011-0236 Printed 04/24/2023 Caod Nc. 1 of PARCEL NUMBER SEDAM DANIEL, R TRANSFER OF OWNERSHIP 7i-C9-U7-•353-Oi].000-02(i 62263 MUL2ERRY RD .-OUT:] BEND, IN 46fi'14-9'/,6!i UNI-E7 1,iTAT-5 OF AMERICA Date Par21;t �arccl \umk:rr LOP 13 BEYERS 214D ADU RLPLl' �- 10/03/20011 DESTCH RAMONA TEST/ -RUST, I./21N rU35 $93000 Bk/Pg7644 : F.O11, Property Address 06/07/2001 DP•SICIT RA: SO 1150 B M1SIiAWAI(A AV (KELLYS) 0 Neighborhood 05/14/1996 NATKINS WT.L7.7AS; R & T.AN7A CiART.FS T, .0 71.26112 18494-4)5 C132 Hk/Pg: 0, C Property Class p8/20/199Q =n 430 .Tom Restaurant/cafe/bar ^AXING DISTR=C- IN70RHATIDN COMMERCIAL Bk/Pc: 0, C auri^dicr..ion _?I o_. Joseph Area 01.1 Por-::gr•. VALUATION RECORD Corporation Y 23-B 01/01/2017 Ol/01/20_8 01/01/2019 01/01/2020 01/01/2021 01/01/2022 01/01/2023 District 026 SOUT9 BEND (PORTAGE) Reason for Change Routing Number. 9-7E Annual. Annual Anneal Annual Annual Annual Annua3 VALI:ATION L 8400 8400 8400 8400 8400 8400 8400 Appraised value B 59100 61300 61200 61200 61100 67500 67400 T 67500 69700 69600 69600 69500 75900 75800 Site Description VAUUATION 1 8400 B400 8400 8400 8400 8400 8400 Txi:n Tax Valun n 59100 61300 61200 61200 MOO 0500 67400 Legal Acre T 67500 69700 69600 69600 69500 75900 75800 o,,Tal Admin Legal LAND DATA AND CALCULATIONS 0.0000 Rating Measured Table Prod. Factor Soil ID Acreage 132 -or- \ -or- -or- Depth Factor AcLual EfEe:t_ve Effective -or- Base Adjusted Extended Inflluence Land Type 7rontage Frortege Depth ^ Square Feet Rate Rate Valve Factor Value 1 FRONT LOT 4'1.0 47,0 10(1.0 0.89 200.00 178.00 8370 8370 CR22: CYCLICAL REASSESSMENT 18-22 2 Reviewed-20/21 LC CR4: CYCLICAL REASSESSMENT 4'1'H 4T'R 09/0'1/_7 D.B.A. Kelly's Pub, addded Utl shed Hx!O, delivery ramp wd deck, wd paLlo, lowCom Canpy 250sEt., removed NV from paving used as patio area for outdoor restua_art and par- of back parkins lot, 18/19 IC MND1: P'-exis Conv. Note O'U 07;1993 Parcel 1150 M_SFJWAKA AVrRANSTFR DATE 8/20/90 RA12: GENERAL REASSESSMENT 201-2 Parcel viewed 5.-30-2012 TA: GENERAL 819 Eff age was 1946, removed AC fror. bs::::, olcmb was 14, OR was 101e, NV oaving, added wood fence, 1i%08 psc 105!.ANU COMP:--A-IONS Parcel Acreage 81 Legal Drain NV 1-1 82 Public Roads NV 1-1 83 UT Towers NV i^] 9 Homesite(s) C-1 91/92 Excess Acreagn[-T TOTAL ACRES FARI4LAND TRUP TAX VALUE Supplem.eni:al Cards TRUE 'TAX VALUE Measured Acreage Averages True ^ax Value/Aire T_�UF TAX VA:.UE FARMT.AND Classified Land Total RomesiL•e(s) Value (+) Excess Acreage Value (+) Scpnle'nental Carole: TOTAL LAND VALUE 8400 8370 4.30 Property Information Subject Property: Parcel ID: State TD: Current Owner(s): Mailing Address: Assessed Usage: Township: Municipality: Tax District: 1150 MISHAWAKA AVE, SOUTH BEND 46615 018-6011-0236 71-09-07-353-011,000-026 SEDAM DANIEL R 62263 Mulberry Rd, South Bend IN 46614 COMMERCIAL RESTAURANT, CAPE, OR BAR SB Portage SOUTH BEND SB Portage Property Assessment Information as of Last Assessment Date Land Value: $8,400.00 Improved Value: $67,400-00 Assessed Year: 2025 Acres: 0.1 Legal Description: Lot 13 Beyers 2nd Add Replat Not to Scale Information shown on this map is not warrantcd for accuracy or W •��^• I merchantability. Reproduction or distribution of this material is not authorized. S' Date Printed: January 9, 2024 71-09-07-353-010.000-026 ADMINISTRATIVE INFORMATION PARCLL NUMl3LR 71-09-07-353-010.000-02G Par_ut Parcel Numuef SEDAM DANIEL R V/L W & ADJ 1150 MISHAWAKA AVE OWNERSHIP Tax ID 018-6011-0235 Printed 04/24/2023 Card No. 1 nl SEDAM DrANIEL R TRANSFER OF OWNERSHIP 62263 :nIJLliEli iY R'D SOUTH BEND, IN 46614-3265 UNTTZ D STATES OF AMERICA, Da LC'1' 12 BEYERS 2ND ACII RE2LAT 10/0:3/2037 DESTCH RAMONA TEST/YRUST, 1/2IN FOB $15000 -� Property Address RY./Pg: 6011, 76Q4 ' V/�, i9 L A0J 1_50 M1S1LA1 )UA AVR 06/07/2001 DEBTCH RAMONA $0 Bk/Pg: 0, 0 Neighborhood 05/14/1996 WATKINS WILLIAM B s IANZA CHARLES Z $0 7126176 :P.404-539 C132 Bk/Pg: 0, 0 Property Class 08/28/1990 $0 456 Cam Paric_ng Lot or structure TAX=NG DISTRICT INPORMA'TION COMMERCIAL Bk/Pg: 0, 0 Juri3dir_Lion 7"1 St. Joseali _ Area Oil Portage VALUATION RECORD CorporaLion Y 2018 01/01/20-7 01/01/2018 01/01/20_9 01/01/2020 01/01/2021, 01/01/2022 01/01/2023 District 026 SOUTH BEND (PORTAGE) Reason for Change Routing Number 9-7c^ Ani-mal Annual Annual Annual Annual .annual Annual VALUATION L 840D 8400 8400 8400 8400 8400 8400 Appraised Value 8 2000 2200 2200 2200 2200 2400 2400 1' 10400 10600 10600 10600 10600 10800 10800 Site Description VALUATION 1 8400 8400 8400 8400 8400 8400 8400 L egzl, Acres: Truo Tax Value B 2000 2200 2200 2200 220D 2400 2400 u.0000 - 10400 10600 10600 10600 10600 10800 10800 Admin Legal LAND DATA AND CALCULATIONS 0.0000 Rating MeaSLred =able Prod. Factor Soil iD Acreage 132 -or- -or- -or- DepL'h Factor Actual CtfeeLive Effective -or- Base Adjuaced Extended :nfluenee Land Type Frontage Frontage Depth Square Fcet Rate Rate Value Factor. Value FRON'_ LOT 47.0 47.0 100.0 0.69 200.00 178.03 8370 8370 CR22: CYCLICAL REASSESSMENT 18-22 2 Reviewed-20/21 LC CR4: CYCLICAL REASSESSMENT_ 4TH QTR 09/07/17 Correct paving from 4418sft to 4600, covers most all of' lot,-6/19 I,C NPO_: Plexca Conv. Note 09/12/2006 Buil-dings 06/07 Added paving. of-te from 1.979 PRC. 9/06 p:1r. 7/0 Cla;,s code was 430, 7/08 psc RA12: CFNERAL REASSTSSYTFNT 2012 ^-'A: GENERAL 8/9 NC was 726176, 11/08 psc FARMLAND 2014PUTATTONS Parcel Acreage 81 Legal Drain NV 1-1 82 Public Roads NV I-1 83 UT Towers NV 9 HameSite(a) 91/92 Excess Acreage[-1 TOTAL ACRES FARMLAND TRUE TAX VAL"JE Sapplemental Cards TRUE TAX VALUE Measured Acreage Average True Tax 'Value/Acre TRITE TAX VALUE FAW..LAND Classified Land TuLal EomesiLe (s) Value (=) Excess Acreage Value (-) Suoplementai Cards TOTAL LAND VALUE 8400 $370 456 Property Information Subject Property: Parcel ID: State ID: Current Owner(s): Mailing Address: Assessed Usage: Township: Municipality: Tax District: 1148 MISHAWAKA AVE, SOUTH BEND 46615 018-6011-0235 71-09-07-353-010.000-026 SEDAM DANIEL R 62263 Mulberry Rd, South Bond IN 46614 COMMERCIAL PARKING LOT OR STRUCTURE S,B Portage SOUTH BEND SB Portage Property Assessment Information as of Last Assessment Date Land Value: $8,400.00 Improved Value: $2,400.00 Assessed Year: 2025 Acres: 0.11 Legal Description: Lot 12 Beyers 2nd Add Replat �� 4'l$4i11Fi-L153 ! `7 ry Irk ma .� J. 01"01.1-02494` rn .err 018.6011.0250 {.r .p $ ov" oit�. A Not to Stele Information shown on this map is not warranted for accuracy or , •,�; �....• �.��_. , merchantability. Reproduction or disu'ibution of this material is not authorized. Date Printed: January 9, 2024 71-09-07-3 53-009.000-026 ADMINISTRATIVE INFORMATION PARCEL NUMBER 71-09-07-353-009.000-026 Parent. Parcel Number SEDAM DANIEL R 1142 & 1144 MISHAWAKA AV OWNERSHIP '1'ax ID 018-6011-0234 Printed 04/24/2023 Card No. 1 SEDAM DANIEL R TRANSFER OF OWNERSHIP 62263 MULBERRY RD SOG,H RPND, IN 466i4-9265 ONLTE:7 STATES OF AMERICA Dace , - LOT 11 BLAERS ZND ADD RPPLAT 10/03/2007 Property Address 1142 n 1114 MIS9A1,1AKA AV Neighborhood 7126176 18494-539 C132 Property Class 456 Com Parking lot or structure TAXIIIG DISTRICT INFORMATION ,Iurledirtion 71 St. Joseph Area 011 Portage Corporar-ion Y District 02E SOU-=H :BEND (PORTAGE) Routing Number 9-7E Site Description Legal Acres: 010000 Admin Legal a.0000 C6/07/200L 05/14/1996 08/28/1990 COMMERCIAL DESICH IIAMONA 'PEST/TR:isr, 1/2114 F'OS Bk/1'g: 6011, 7644 DnST.CH RA1,3ONA sk/Pg: 0, C WA.TKINS WILLIAM S & LANZA C:HARLES L Bk/Pg: 0, 0 Bk/Pg: 0, C VALUATION RECORD 2018 01/01/2017 01/01/2016 01/01/2019 '1/01/2020 u 01/01/202'_ 01/01/2022 01/01/2023 Reason for Change Annual AnCup:. Annual Annpa; A'nnunl _ Annual VALUATION L 8400 8400 _Annual 8400 8400 8400 8400 8400 Appraised Value B 2000 2200 2200 2200 2200 2400 2400 10400 10600 10600 10600 10600 10800 10800 VALUATION L 8400 8400 8400 8400 8400 8400 8400 True Tax Value B 2000 2200 2200 2200 2200 2400 2400 s 10400 10600 10600 10600 10600 1.0600 10800 LAND DATA AND CALCULATIONS Rating pleasured Table Prod. Factor Soil 1D Acreage 132 -or- -or- Actual -or- Effective E'.fect.ve Depth Factor -or- Base Adjusted Extended R - Value Influence Factor Value Land Type Frontage Frortagr Depth Square Feet Rate- 1 FRONT LOT 47.0 47,0 100.0 0.89 200.00 178.00 8370 8170 CR23: CYCLICAL REASSESSMENT 18-22 3 12/28/202C BK CR4: CYCLICAL REASSESSMENT 4711 OTR 09/01/17 correct paving aft., Paving covers all of lot E700sft, 18/19 ;.0 MMOI: Plexis Corv. NoLe 07/07/:993 Parcel 1142 M_SHAF.AKA AVTRILVSFFR DA'-'E 8/28/90 NPO1: Plexis Corv. Note 09/12/2006 Buildinqs 06/07 Added paving. Date from 0235 PRC. 9/06 psc RA12: GENERAL REASSESSMENT 2012 FARMLAND COMPUTATTOXS Parcel Acreage 61 Legal Drain NV } 82 Public Roads NV -I 83 UT Towers NV -3 9 Hcmesite(s) -1 91/92 Excess Acreage -� TOTAL ACRES FARII:,AND TRUE TAX VALUE Supplemental Cards TRUE TAX VALUE Measured Acreage Average True Tax Value/Acre TR[IR TAX VALIM FARMLAND Classified Land 'rota'- HomesiLe(s) Value (+) Excess Acreage Va1cE (+) Supplemental Cards TOTAL LAND VALUE 0400 8370 Property Information Subject Property: 1142 MISHAWAKA AVE, SOUTH BEND 46615 Parcel JD: 018-6011-0234 State ID: 71-09-07-353-009,000-026 Current Owner(s): SLDAM DANILL R Mailing Address: 62263 Mulberry Rd , South Bend IN 46614 Assessed Usage: COMMi RCLAL PARKTNG LOT OR STRUCTURE Township: SB Portage Municipality: SOUTH BEND Tax District: SB Portage Property Assessment Information as of Last Assessment Date Land Value: $8,400.00 Improved Value: $2,400.00 Assessed Year: 2025 Acres: 0.1 Legal Description: Lot I I Beyers 2nd Add Replat �4Y n, 018-6011-0249 Not to Scale NO IMAGES AVAILABLE II FOR THIS PROPERTY Information shown on this map is not ivarrantcd for accuracy or merchantability. Reproduction or distribution of this material is not authorized. AF Date Printed: January 9, 2024 NEIGHBORHOOD This neighborhood is the commercial corridor in the long established portion of Mishawaka Ave east of the river. The frontage is established in a variety of commercial uses some dating to before WWII. One ofthe more active businesses isthe farmers market tmwhich the subject is neighbor. The neighborhood issupported byfull municipal services. Palo- rl PageD SITE There are three contiguous lots each 47' x 100' with one of those lots supporting the structure. Zoning is neighborhood center. The site is supported by full municipal service. It enjoys good visibility. 4C C, a232 - N 6- Urban Neiq��blo-.=-d i 0 Page 12 IMPROVEMENTS This site is improved by a commercial building 43' x 63' or 2,709 SF built in 1946. It is currently used as a bar. There is a partial utility basement. Condition is observed to be mixed with condition better than chronological aging. FF&E are not included r ��1f�I�� i.;•y11 i.i.. ;rk� }' i 3i � I2 � i l / ,4 � ' �i Highest and best use is commercial use. The present bar use is consistent with highest and best use. Exposure time is greater than one year. Page 13 IMPROVEMENT DATA 71-09-07-353-01.1.000-026 Property Clas9: 430 1150 C MISHAWAKA AV (KELLYS) PHYSICAL CHARACTERISTICS ROOFING Built-up WALLS Frame Yes Yes Brick Metal Guard FRANINC A ! 2 11 Wd Jet 2709 2709 0 0 FINISH OF SF FO FD B 2709 0 0 0 1 0 2709 0 0 Total 2'109 2709 0 0 HEATING AND AllCONDTTIOX_NG B 2 U Heat 2.709 27D9 0 6 A/C 0 2709 0 0 PLUMBING Residential Commercial f TF # TF Yall Baths Half Baths Extra =ixtures 9 TOTAL 0 9 2�, -' 06 07 SPECIAL FEATURES Description Value ID 17 12 �37j d P g51 o-1-1 8 !63 1sFr B 2709 43 P Key C-CM45 GCR04 #Units AVS1ze Floor B 1 Perim 212 212 PAR 8 8 Height 10 12 Use UTLSTOR DINING Use SF 2739 2700 Use 100.D0% 100.00% Rate 33,90 101.44 Fr Adj -9.52 OIDU WH Adj 0,92 0.00 Ot Adj 0,00 0.00 BASF; 25.30 101.4.1 -8,PA B 100# 1003 SubLOL 25.30 101,44 U Fin 0.00 0.00 Ot Adj 0.00 0.00 IntFin 0 00 0.00 Div 14 0.00 0.00 LighLg 0,00 0.00 A1rCon 0.00 0.00 Heat 0.00 0.00 Sprink 0.00 0.00 SF Pr 25.30 '_01.44 x SF 59540 214800 Subtot 343340 E-- Plumb 14400 SpFeat 0 ExFeat 0 TOTAL 357740 Qual/Gr C-1 RCN 3.12660 Use Dep 80/ 0 80/ 0 (LCM; 92.00) SUMMARY OF IMPROVEMENTS Stry Const Year Eff. Base Feat- Adj Size or. Computed PhysObsoiMarket k Use Hgt Type Grade Const Year Cond Rate ures Rate Area Value Depr Dept Adj Comp Value C DIN:\G 0.00 C-1 1946 1969 AV 0.00 N 0.00 2709 312660 80 0 100 100 62500 C Remod 1991 01 PAVTNG 5.00 85 C 1946 1968 AV 2.81 N 2.59 1500 3890 80 0 100 100 000 01 : Remod 1991 02 _21:1,8W 6. OD 13 C 1991 1991 AV 16.73 N 15.36 105 1610 80 0 1D0 100 300 03 WDP 1.00 1 C 1991 199i AV 0.00 N 0.00 _32 680 26 0 100 100 500 04 WIDDK 1.00 .1 C 1991 1991 AV 0.00 N 0.00 5i 1310 2.6 0 100 100 1000 05 UTLSHE'D 0.00 1 C 2010 2010 AV 26.02 11 23.94 8x 10 1920 40 0 100 IOU 1200 06 COYC\PYL 0.0U C 1-991 1991 AV 21.67 N 19.90 250 11_990 80 0 100 100 1000 07 TRUCKWL 0.00 6 C 1991 1991 AV 4.79 IJ 4.40 Sx 20 440 80 0 100 100 100 Data Collector/Date Appraiser/Date Neighborhood Supplemental Cards TOTAL IMPROVEMENT VALUE 674DO 1,loigh 1126112 AV SALES COMPARISON The following sales are observed and summarized. Address Date Price Size Yr Bit $/SF/T 1211 Mishawaka Feb-21 $ 85,000 1,482 1929 $ 57.35 52627 US 31N Apr-20 $ 430,000 5,588 1978 $ 76.95 417 S. Main Jan-23 $ 250,000 2,852 1967 S 87.66 24092 SR 2 Nov-21 $ 210,000 2,256 1912 $ 93.09 52820 SR 933 Aug-21 $ 400,000 4,050 1976 $ 98.77 4304 LWE Jul-21 $ 350,000 3,300 1968 $ 106.06 These sales are at least mostly of buildings offering food services and at least some which had alcohol sales. The subject is observed to fall towards the top of this range by location and condition. My analysis identifies the unit value at $106/ SF. $106 x 2,709 SF = $287,154 R$287,000. My opinion of the market value of the fee simple interest as of 2/5/2024 is $287,000. Written: 2/19/2019 Page 15 Certification I certify that, to the best of my knowledge and belief- - The statements of fact are true and correct - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analysis, opinions and conclusions. - I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the last three year period immediately preceding acceptance of this assignment. - I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of the appraisal. My analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I have made a personal inspection of the property that is the subject of this report. No one provided significant real property appraisal assistance to the person signing this certification. As of the date of this report, I, have not completed the continuing education program for Designated members of the Appraisal Institute. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of the Professional Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by it duly authorized representatives. P Date: 2/ Qr f I Iverson C. Grove, MAI, SRA Indiana Certified General Appraiser CG-69100422 Page 16 ASSUMPTIONS AND LIMITING CONDITIONS The certification of the appraiser appearing in the appraisal report is subject to the following conditions and to such specific and limiting conditions as are set forth by the appraiser in the report. 1) The appraiser assumes no responsibility for matters of legal nature affecting the property appraisal or the title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership. 2) Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The appraiser has made no survey of the property. 3) The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefor. 4) Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations of land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5) The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6) Information, estimates, and opinions furnished to the appraiser, and contained in this report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished to the appraiser can be assumed by the appraiser. 7) Disclosure of the contents of the appraisal report is governed by the Bylaws and regulations of the professional appraisal organization with which the appraiser is affiliated. 8) Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to the property value, the identity of the appraiser, professional designations, reference to any professional appraisal organizations, or the firm with which the appraiser is connected), shall be used for any purposes by anyone but the client specified in the report, the borrower if appraisal fee paid by the same, the mortgagee or its successors and assigns, mortgage insurers, consultants, professional appraisal organizations, any state or federally approved financial institutions, any department, agency, or instrumentality of the United States or any State or the District of Columbia, without previous written consent of the appraiser; nor shall it be conveyed by anyone to the public through advertising, public relations, news sales, or other media, without the written consent and approval of the appraiser. 9) Of all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusions are contingent upon completion of the improvements in a workmanlike manner. 10) In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea formaldehyde foam insulation, and/or existence of toxic waste, which may or may not be present on the property, has not been considered. The appraiser is not qualified to detect such substances. It is urged that the client retain an expert in this field if desired. 17 11) A legal description was not provided to the appraiser. The legal description in the report is assumed to be correct. We assume no responsibility for matters legal in character nor do we render any opinion as to the title, which is assumed to be good and marketable. 12) It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws, and that all zoning, building, and use regulations of all types have been complied with unless noncompliance is stated, defined and considered in the appraisal report. It is further assumed that all licenses, consents, permits, or legislative or administrative authority required by any local, state or federal and/or private entity or organization have been or can be obtained or renewed for any use considered in the value estimate. 13) Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any other than its intended use by anyone other than the client without the prior written consent of the appraiser or the client, and then only in its entirety. No change of any item in this report shall be made by anyone other than the appraiser and/or officer of the firm. The appraiser and firm shall have responsibility if any such change is made. 14) Any after-tax investment analysis and resulting measure of return on investment are intended to reflect only possible and general market considerations, whether used to estimate value or return on investment given a purchase price. Please note that the appraiser does not claim expertise in tax matters and advises client to seek competent tax advice. 15) The liability of the appraiser and the firm is limited to the client only and to the fee actually received by appraiser. Further, there is no accountability, obligation, or liability to any third party other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property; physically, financially, and/or legally. In the case of limited partnerships or syndication offerings or stock offerings in property, client agrees that in case of a lawsuit (brought by lender, partner or part owner in any form of ownership, tenant or any other party), any and all awards, settlements of any type in such suit, regardless of outcome, client will hold appraiser completely harmless in any such action. 16) Any projections, forecasts, etc. regarding future patterns of income and/or expenses, prices/values, etc., represent the analyst's best estimates of investor anticipations with respect to these items, based on information available at the date of appraisal or analysis. Such information includes forecasts/projections published by recognized sources such as economists, financial publications, investor surveys, etc. Economic trends can affect future behavior of income, expenses, values, etc. Changes in these items caused by future occurrences could result in values different from those established in this report. We cannot accept responsibility for economic variables in the future which could not have been known or anticipated at the date of the analysis (inflation rates, economic upswings or downturns, fiscal policy changes, etc.). 17) The Americans with Disabilities Act (ADA) became effective January 26, 1992. 1 have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since I have no direct 18 evidence relating to this issue, I did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. 18) Acceptance of, and/or use of, this appraisal report by client of any third party constitutes acceptance of the above conditions. APPRAISER LIABILITY EXTENDS ONLY TO STATED CLIENT, NOTSUBSEQUENT PARTIES OR USERS, AND IS LIMITED TO FEE RECEIVED. 19) The estimated values contained within this appraisal report are subject to completion of plans and specifications if new construction. 19 QUALIFICATIONS OF IVERSON C. GROVE MAI, SRA CONTACT Address: 803 Bower St. Elkhart, In. 46514 Phone: 574-295-9929 Email: iverson@datacruz.com. EMPLOYMENT 1980—11/1983 Independent Residential appraiser 11/1983 — 9/1991 Appraisal Officer for Ameritust National Bank FKA First National Bank Elkhart Duties: Residential & Commercial Appraisals Appraisal Quality Control (In. & Mi.) Selection of Independent Appraisers Environmental oversight 9/91 to present: Independent fee appraiser Nonresidential focus LICENSES Indiana Certified General Appraiser #CG69100422 Expires 613012024 Indiana Instructor -Appraiser CE INST001401 Tax Appeal EDUCATION B.A. Goshen College 1972 Teacher Education Certificate level 5 University of Manitoba Marshall Valuation Service (repeareasecrionsanatimes) Indiana Building Code 1 & 2 family workshop 1987 & 1989 Conservation Easements Undivided Partial Interests IAAO 300 Fundamentals of Mass appraisal All classes relevant for SRA & MAI designations CE for Appraisal Institute, State of Indiana American Institute of Banking: RE Finance; Principals of banking 20 AFFILIATIONS Appraisal Institute SRA Conferred 11/1988 MAI Conferred 7/1996 Northern Indiana/ SW Michigan Chapter Positions held: President:1989, 1990, 2001, 2005, 2006 Director: 1984,1985, 1991, 2002, 2007 National: Residential Guidance Subcommittee: Region V: 1991-1995 Chair: 1996, 1997 Residential Admissions Committee: 1996 —1997 National Experience Reviewer: 1997 — 2004 National Experience Review panel: 2005- 2006 National General Experience Committee: 1998 — 2000 Indiana Farm Bureau Elkhart Co. Past Affiliations: National Association of Realtors Indiana Association of Realtors Elkhart Association of Realtors Positions held: President, Vice President, Secretary, Treasurer, Director, Various committee chairs. MEMBER ELKHART COUNTY PROPERTY TAX ASSESSMENT BOARD OF APPEALS 2001— 2006 2007 — 2024 President. Member Elkhart County Plan Policy Committee 2012/2014 TEACHING Public Schools in Manitoba, Ca. American Institute of Banking, South Bend Chapter Underwriters Guide to Real Property Appraisal 1990, 1991 Contents included Title XI of FIRREA and USPAP How to write an Appraisal for Tax Appeal: Indiana 21 REFERENCES Duane Klein Mark Noeldner First State Bank Middlebury Consultant 200 NIBCO Parkway 574-360-9008 Elkhart, In. mdnoeldner@gmaii.com 574-295-3949 Michael Pianowski Gordon Lord Attorney Attorney 300 Riverwalk Dr. Yoder Ainlay Ulmer & Buckingham Elkhart, In 46516 Goshen, In. 46526 574-294-1499 574-533-7171 GLord@yaub.com Gavin Fisher Brian Hoffer Assessor Attorney 574-361-2261 Kindig & Sloat gfisher@epuivaltax.com 574-773-7996 BHoffer@KindigandSloat.com 22 Sales Comparable #4 Address: 1211 MISHAWAKA AVENUE SOUTH BEND, IN LEGAL_ DESCRIPTION: SELLER: HEDGE HOUSE PROPERTY BUYER: SOURCE: PUBLIC RECORDS DATE —OF —SALE: 212021 SALE PRICE: S85,000 PROPERTY_ FEE SIMPLE RIGHTS CONVEYED: VERIFICATION: STATE DATABASE 2021-03277 SITE_SIZE: 20 X 97 ZONING: COMMMERCIAL PRESENT —USE: RESTAURANT HIGHEST —AND —BEST —USE: SIMILAR OR GENERAL RETAIL BUILDING SIZE: 1482 SF BUILDING —CONDITION, AGE: AVERAGE FOR AGE.. BUILT IN 1929 LAND TO_BUILDING_RATIO: 1.30 UNIT_PRICE WITH_ $57.35 LAND: UNIT PRICE WITHOUT_ LAND: GROSS —INCOME —MULTIPLIER: OVERALL RATE: LEASED: FRODO LIVES, LLC TYPE: COMMENTS: SHARED COMMON WALL: RENOVATED IN 2021 AFTER SALE MERRIMAN'S PLAYHOUSE. INFORMATION SUPPLIED HEREON WAS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND IS CONSIDERED TO BE CORRECT BUT IS IN NO WAY GUARANTEED. x Sales Comparable #3 Address: 52627 US 31 N. SOUTH BEND, IN LEGAL_ DESCRIPTION: SELLER: VM ENTERPRISES, INC BUYER: YANG REALTY SOURCE: PUBLIC RECORD DATE —OF —SALE: 4/2020 SALE PRICE: $430.000 PROPERTY_ FEE SIMPLE RIGHTS CONVEYED: VERIFICATION: 2020-09860 STATE DATABASE SITE —SIZE: 156 X 309 ZONING: COMMERCIAL PRESENT —USE: RESTAURANT HIGHEST —AND —BEST —USE: RESTAURANTIBAR BUILDING SIZE: 5588 SF BUILDING —CONDITION, AGE: AVERAGE.. BUILT 1N 1978 LAND —TO —BUILDING —RATIO: 8.74 UNIT PRICE WITH_ $76.95 LAND: UNIT PRICE WITHOUT_ LAND: GROSS —INCOME —MULTIPLIER: OVERALL RATE. - LEASED: TYPE: COMMENTS: FORMER PONDEROSA INFORMATION SUPPLIED HEREON WAS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND IS CONSIDERED TO BE CORRECT BUT IS IN NO WAY GUARANTEED. 1 �+ Commercial Agent Full Detail Report due_ s�awlRg Listings as 02/13/2024 Page 1 of 1 Property Type COMMERCIAL Status Sold CDOM 158 DOM 158 Auction No ILMLS 202228284 417 S MAIN Street Mishawaka IN 46544 Statu Sold LP $250,000 Area St. Joseph County Parcel ID 71-09-16-405-013.000-023 Type RestaurandBar f Cross Street Age 55 �� '•' "+ y REO N Short Sale No Legal Description PENN TOWNSHIP LOTS 22 23 AND Y SIDE LOT 21 DODGE MFG CO ADD 18119 CONS r1. Directions LWE (E) TO MAIN (S) _j Inside City Limits City Zoning County Zoning Zoning Description Remarks BACK ON THE MARKET! WITH A NEW, NEUTRAL LOOK! MAKE IT AUTHENTICALLY YOURS! 2 Turnkey operations on one site! Check out the aerial views via drone of this spacious, move in ready, desirable property. (Drone services provided by DroneVewpointMedia.com). Beautiful bar top with beer tap up and ready to pour! 30 plus paved parking lot to more than adequately support clientele. Space for open patio seating In the rear. The second turnkey business is a refurbished two chair hair salon operation. It comes fully equipped with barber chairs, manicure chair, basins, mirrors, bathroom, mirrors, etc. Fully expandable to 4 chairs. Walk in freezer, grill top, cooler, can racks, dishes, menus, signage, all come with the property. Make us an offer! Agent Remarks Sec Lo Township Penn Year Built 1967 Age 55 New No Const Type Wood Bldg #1 Total Above Gd SgFt 2,852 Bldg #2 Total Above Gd SgFt Bldg #3 Total Above Gd SgFt Location Bldg Height Interior Walls Drywall Flooring Ceramic Tile, Tile Road Access City Currently Lsd No Years Established Total # Bldgs 2 Total Below Gd SgFt 2,852 Total Below Gd SgFt Total Below Gd SgFt Fire Protection Citv Lot Ac/SF1Dim 0.2400 / 10,454 108X97 Src Exterior Brick, Wood Foundation Full Basement Stories 1.0 Total Restrooms 2 Story 1 Finished Office SgFt 20 Story Finished Office SgFt Story Finished Office SgFt Roof Material Asphalt Ceiling Height 12 Parking Lot, Off -Street, Paved Equipment Yes Enterprise Zone No SALE INCLUDES Building, Business, Furniture, Land, Inventory INTERNAL ROOMS Kitchen, Manufacture, Office, Storage, Workroom SPECIAL FEATURES 220 Volts. Basement, Office Space, Public Restrooms, Security Fence, Refrigeration !Freezer Water Access Water Name Water Features Auction No Auctioneer Name Occupancy Owner Name Financing: Existing Proposed Fire Doors Yes Int Height 12 Column Spcg 0 Water City Well Type Sewer City Fuel/ Conventional Heating Cooling Central Air Burglar Alarm Yes Channel Frtg Water Frty Lake Type Auctioneer License # Excluded Party None Annual Taxes $3,464.0 Exemption Year Taxes Payable 2021 Assessed Value 5 Is Owner/Seller a Real Estate Licensee No Possession DOC List Office Paradise Estates Realty- 574-532-9506 List Agent Linda J Carter- Cell: 574-532-0499 Agent ID R814023964 Agent E-mail paradiseindiona99@yahoo.com Co -List Office Co -List Agent Showing Instr List Date 711012022 Exp Date Publish to Internet Yes Show Addr to Public Yes AIIowAVM Ye Show Comments Yes IDX Include Y Contract Type Exclusive Right to Sell BBC 3% Variable Rate No Special Listing Cond. None Virtual Tour Unbranded Virtual Tour Type of Sale Lease Pending Date 1211512022 Closing Date 1/18/2023 Selling Price $250,000 How Sold LeaselOption to Buy CDOM 158 Total Concessions Paid $0.00 Sold/Concession Remarks Sell Office Paradise Estates Realty Sell Agent Linda J Carter Sell Team CO -Sell Office Co -Selling Agent Presented by: Steve W Sante - Office: 574-277-7777 / Appraisal Services Inc. - 574-277-7777 Information is not guaranteed. Included properties may not be listed by the Office/Agent presenting this report. Report may not contain all available data. Offer of compensation is made only to participants of the Indiana Regional Multiple Listing Service, LLC (IRMLS). © 2024 IRMLS. All Rights Reserved. Page Number: Page 1 of 1 02/13/2024 08:24 AM cc a O R 0 6 0 Commercial Agent Full Detail Report Listings as 02/13/2024 0 402M.4 Page 1 of 1 PropertyType COMMERCIAL Status Sold CDOM 709 DOM 709 Auction No i1+9 201931391 24092 State Road 2 l lighway South Bend_ IN 46619 Statu Sold LP $299,900 Area St Joseph County Parcel ID 71-08-07427-005.000-025 Type RestaurantBar Cross Street Age 10 rrr,: RED N Short Sale No Legal Description E Ne Se W Of Road Ex 60 Ft West Side Aprox. 81 Ac Sec 7-37-2e Directions West of Mayflower- South of State Road 2 .� Inside City Limits City Zoning County Zoning Zoning Description Remarks Fire Rock -Potential hard to find well established business to takeover with a three ways (Beer/Wine/Uquor) license bar and restaurant, A neighborhood restaurant and bar located on a busy State Road 2 on about an acre of land. The sale includes building/improvements, all furniture, alcoholic permit, food and beverage inventory, gambling permit, and tobacco sales permit. Touch -tunes and pool table equipment Is leased. Great loyal customers following and weekly specials on different menu items. Add and bring on your creativity specials and activities as anew owner package. The building accommodates up to 100 occupants and room to expand. The parking lot can accommodate approximately 40 plus cars. The dining area has cathedral ceiling and separated from bar area. So many updates: newer floors and kitchen appliances. Male and female handicapped accessed bathrooms. 220 single phase power outage. 10 x 5 walk-in cooler room. Ansel system in the kitchen cooking appliances area. Operation hours are from Monday to Sunday with specified hours. Currently over 21 years only for access with 15 employees both full and part time. Potential space for patio addition dinning options. Call for your private tour at a specified preferred hours of 8:30am to 11am. It can be shown Agent Remarks Seller prefer to show anytime from 8:30am up to 10:30 am before the customers start coming. More details to be provided subject to serious buyer on NDA confidentiality terms. LAND CONTRACT WITH GOOD TERMS WILL BE CONSIDERED! Sec Lo Township Portage Lot AcISF/Dim 0.8100 j 35,28 Year Built 1912 Age 109 New No Years Established Exterior Vinyl Const Type Built on site Total # Bldgs 1 Stories 1.0 Bldg #1 Total Above Gd SgFt 2,256 Total Below Gd SgFt 0 Story 1 Bldg #2 Total Above Gd SgFt Total Below Gd SgFt Story Bldg #3 Total Above Gd SgFt Total Below Gd SgFt Story Location Fire Protection Cily Bldg Height Roof Material Shingle Interior Walls Drywall, Vinyl Ceiling Height 12' Flooring Ceramic Tile, Concret:, Laminate, Parking Gravel, Unpaved Road Access County Equipment Yes Currently Lsd Na Enterprise Zone No SALE INCLUDES Building, Business, Fumfture, Land, Inventory, License Includ °d INTERNAL ROOMS Kitchen, Office, Other SPECIAL FEATURES 220 Volts, Single Phase, Handicap Access, Living Space, Basement, Office Space, Public Restrooms, Other, Ansel System, Refrigeration/Freezer Water Access Water Name Water Features Auction No Auctioneer Name Occupancy Seller will give 15-30 transition time if Owner Name 4 108 x 195 Srt Foundation Partial Total Restrooms 2 Finished Office SgFt 100 Finished Office SgFt Finished Office SgFt Fire Doors Yes Int Height 11' Column Spcg Not specified Water Private Well Type Sewer Private Fuel / Gas, Forced Air Heating Cooling Central Air, Other, Multiple Burglar Alarm Yes Channel Frtg watcr Frig Lake Type Auctioneer License # Financing: Existing Clear Proposed Cash Excluded Party None Annual Taxes $2,295.0 Exemption No Exemptions Year Taxes Payable 2018 Assessed Value $ $100,300.00 Is Owner/Seller a Real Estate Licensee No Possession DOC - 30 days transition time. List Office Polack Really- 574-299-2000 List Agent John Pangani - Cell: 574-532-4973 Agent ID RB140238944 Agent E-mail panganijj@yahao.cem Co -List Office Polack Realty Co -List Agent Jocelyn M Polack - Cell: 574 532-7630 Showing Instr List Date 7/23/2019 Exp Date Publish to Internet Yes Show Addr to Public Yes Allow AVM Ye Show Comments Yes IDX Include Y Contract Type Exclusive Right to Sell BEIC 3% Variable Rate No Special Listing Cond. None Virtual Tour Unbranded Virtual Tour Type of Sale Traditional Pending Date 7/1/2021 Closing Date 1113012021 Selling Price $210,000 How Solif Cash CDOM 709 Total Concessions Paid $0.00 Sold/Concession Remarks Sell Office Century 21 Circle Sell Agent Nick DeMaegd Sell Team Co -Sell Office Co -Selling Agent Presented by: Steve W Sante - Office: 574 277-7777 I Appraisal Services Inc. - 574-277-7777 Information is not guaranteed. Included properties may not be listed by the OfiicelAgent presenting this report. Report may not contain all available data. Offer of compensation is made only to participants of the Indiana Regional Multiple Listing Service, LLC (IRMLS). © 2024 IRMLS. All Rights Reserved. Page Number: Page 1 of 1 02/13/2024 08:24 AM Address: LEGAL DESCRIPTION: Sales Comparable #1 52820 SR 933 SOUTH BEND, IN SELLER: LORD HOLDINGS SOURCE: PUBLIC RECORDS DATE OF SALE: 8/11/2021 SALE PRICE: $400,000 PROPERTY_ FEE SIMPLE RIGHTS_CONVEYED: VERIFICATION: STATE DATABASE SITE SIZE: _75 A ZONING: COMMERCIAL PRESENT —USE: RESTAURANT HIGHEST AND BEST USE: RESTAURANT BUILDING SIZE: 4050 SF BUILDING —CONDITION, AGE: AVERAGE.. BUILT IN 1976 LAND TQ BUILDING RATIO: 8:1 UNIT PRICE WITH 597.76 LAND: UNIT PRICE_WITHOUT LAND: GROSS —INCOME —MULTIPLIER.' OVERALL —RATE: LEASED: TYPE: COMMENTS: BUYER: OCEAN HOUSE, INC. INFORMATION SUPPLIED HEREON WAS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND IS CONSIDERED TO BE CORRECT BUT IS IN NO WAY GUARANTEED. Sales Comparable #2 Address: 4304 LINCOLNWAY EAST MISHAWAKA, IN LEGAL DESCRIPTION: SELLER: PITT PROPERTIES BUYER: SJ VALLEY, LLC SOURCE: PUBLIC RECORDS DATE —OF —SALE: 7/2021 SALE —PRICE: $350,000 PROPERTY FEE SIMPLE RIGHTS CO_NVEYED: VERIFICATION: 2021-22989 PENN TWP ASSESSOR OFFICE SITE SIZE: 234 X 128 ZONING: COMMERCIAL PRESENT —USE: RESTAURANT HIGHEST —AND —BEST —USE: SESTAURANTITAVERN BUILDING —SIZE: 3300 S.F. BUILDING —CONDITION, AGE: AVERAGE BUILT IN 1968 LAND —TO —BUILDING —RATIO: 9.07 UNIT_PRICE_WITH_ $106.06 LAND: UNIT _PRICE_WITHOUT_ LAND: GROSS INCOME MULTIPLIER: OVERALL RATE: LEASED: TYPE: COMMENTS: INFORMATION SUPPLIED HEREON WAS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND IS CONSIDERED TO BE CORRECT BUT IS IN NO WAY GUARANTEED. 9' . ,; �. �` .� -—�o�,.�- -.... :� INVOICE Date: 2/19/2024 Re: Kelly's Pub 1150 E. Mishawaka Ave. South Bend, In. To: Joseph Molnar City of South Bend Department of Community Investment From: Iverson Grove, MAI, SRA 803 Bower St Elkhart, In. 46514 574-295-9929 iverson@datacruz.com Tax ID:35-1909493 (Sub S Corp) Fee: $3,000 ($4,200 - $1,200 going concern) 8% per year charged monthly for delinquent payment Due: Upon receipt BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 3/5/2024 Name Joseph Molnar Department DCI BPW Date 03/12/2024 Phone Extension 6022 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ® Attorney Name Purchasing ❑ Danielle Campbell Weiss 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: Resolution and ❑ 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 Information Mr. Donald Kell ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached E] Yes ❑ No Purchase of Kelly's Pub at 1150 E. Mishawaka Ave Resolution to authorize the purchase of 1150 E. Mishawaka Ave (Kelly's Pub). See attached memo. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: