HomeMy WebLinkAbout#1595- Deed; CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT and WARRANT DEED - lot 23 in Denniston(5-757
Contract for sale of land for
private redevelopment A part
of lot 23 in Aenniston and
Fellows addition to the town,
now City, of South Bend;
beginning at a point 45 feet 3
inches west from the corner
formed by the intersection of
the South line of South Street
with the west line of Columbia
Street.
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K :
CONTRACT FOR SALE OF LAND
FOR PRIVATE REDEVELOPMENT
'TiiIS AGREEMENT, made an FEU
y /5 , 1993, between the City
t../South Bend,. Indiana, acting by and through its Board of 'Public
Works (City), having its office at 1308 County -City Building, South
Bend, Indiana, and Southhold Restorations, Inc., a not -for -profit
corporation organized under the laws of the State of Indiana
(Developer), having its principal place of business at 322 W.
Washington, South Bend, Indiana 46601.
WHEREAS:
1. The City has offered to sell and the Developer is willing to
buy the property described in Schedule A (Property) which is made a
part of this agreement and to redevelop the Property according to
this agreement (Agreement).
3. The City believes that redeveloping the Property according to
the Agreement is in the best interest of the health, safety and
welfare of the City and its residents.
NOW, THEREFORE, in consideration of the mutual promises and
obligations in this Agreement, the parties agree as follows:
SECTION I. SALE, PURCHASE PRICE.
Subject to all of the terms of this Agreement, the City agrees to
sell and the Developer agrees to purchase the Property for Ten
Dollars ($10.00), (Purchase Price), to be paid in cash or by
certified check when the deed conveying the property to the Developer
is delivered.
SECTION II. CONVEYANCE OF PROPERTY.
A. Form of Deed. Subject to the terns of this Agreement, the
City shall convey to the Developer title to the Property by quit
claim deed (Deed). In addition to the other conditions, covenants
and restrictions in this Agreement, such conveyance and title shall
be subject to:
1. Building and use restrictions in this Agre.emerit.
2. Applicable building codes and zoning ordinances.
3. Any and all other covenants, restrictions, easements and
reservations of record.
B. Time and Place of Closing on Sale of the Property.
Subject to the terms and.conditions of this Agreement,. the City
shall deliver the Deed and possession of the Property to the
Developer on February 19, 1993 or earlier if the parties mutually
agree in writing. Conveyance shall be made at the principal office
of the City. The Developer shall accept the conveyance and pay the
Purchase Price to the City at that time and place-.
Prior to closing and as a condition precedent thereto, Developer
must provide to the City evidence satisfactory to the City of the
following binding commitment by a financial institution for financing -
of the Project.
C. Apportionment of Current Taxes. The. City shall.bear the
portion of the current taxes (if any) on the Property which are a
lien on the date of delivery of the Deed to the Developer and are
allocable to the buildings or other property by the City. The
portion of such current taxes allocable to the land shall be
apportioned between the City and the. Developer as of the date of
06128
CONTRACT FOR SALE OF LAND
FOR PRIVATE REDEVELOPMENT
r '. between the City
THI S AGREEMENT, made on �� %� �2 y `� 1 3
outh Bend,. Indiana, acting by and through its Board of'Public
�- having its office at130$ County --City Building, South
':. Works (City),
Fiend, Indiana, and Southhold Restorations, Inc., a not -for --prof it
corporation organized. under the laws of. the State of. Indiana.
(Developer), having its principal place of business at 322 W.
Washington, South Bend, Indiana 46601.
WHEREAS:
1. The City has offered to sell and the Developer is willing to
buy the property described in Schedule A (Property) which is made a
part of this agreement and to redevelop the Property according to
this agreement (Agreement).
3. The City believes that redeveloping the Property according to
the Agreement is in the best interest of the health, safety and
welfare of the City and its residents.
NOW, THEREFORE, in consideration of the mutual promises and
obligations in this Agreement, the parties agree as follows:
SECTION I. SALE, PURCHASE PRICE.
Subject to all of the terms of this Agreement, the City agrees to
sell and the Developer agrees to purchase the Property for Ten
Dollars ($10.00), (Purchase Price), to be paid in cash or by
certified check when the deed conveying the property to the Developer
is delivered.
SECTION 11. CONVEYANCE OF PROPERTY.
A. Form of Deed. Subject to the terms of this Agreement, the
City shall convey to the Developer title to the Property by quit
claim deed (Deed). In addition to the other conditions, covenants
and restrictions in this Agreement, such conveyance and title shall
be subject to:
1. Building a-nd use. restrictions in this Agreement.
2. Applicable building codes and zoning ordinances.
3. Any and all other covenants, restrictions, easements and
reservations of record.
B. Time and Place of Closing on Sale of the Property.
Subject to the terms and conditions of this Agreement, the City
shall deliver the Deed and possession of the Property to the
Developer on February 19, 1993 or earlier if the parties mutually
agree in writing. Conveyance shall be made at the principal office
of the City. The Developer shall accept the conveyance and pay the
Purchase Price tc the City at that tim- and place.
Prior to closing and as a condition precedent thereto, Developer
must provide to the City evidence satisfactory to the City of the
following binding commitment by a financial institution for financing
of the Project.
C. Apportionment of Current Taxes,. The City shall bear the
portion of the current taxes (if any) on the Property which are a
lien on the date of delivery of the Deed to the Developer and are
allocable to the buildings or other property by the City. The
portion of such current taxes allocable to the land shall be
apportioned between the City and the. Developer as of the date of
_=
delivery of the Deed.
=y
If the amount of current taxes on the Property cannot be
the apportionment between the City
z
determined on the closing date,
be baseer�nthe most
shallebely
Suchamount
and the Developer shall
the Property. apportionment
ascertainable taxes on
the final adjustment within days
subject to is determined.
the actual amount ofthe current(taxes
date on which
city
cosDsed
thethe
D. Recordation of Deed.
shall payrecord
andpromptly
eOfficeshall
in the St. Joseph county Recorders
for recording the Deed.
the
E. Le al Statlus of Prior
submintetolther.
the Developer shalhal commissionoevidenceeoffitsolegal
status as a not -for -profit corporation.
SECTION III. NATURE OF IMPROVEMENTS; TIME FOR COMMENCEMENT AND
COMPLETION.
A. Nature of Improvements. The Construction of improvements on
the Property (Project) shall be substantially of the same size, scope
and nature as that specified in the advertisement for bids and as
proposed by the Developer in its bid to the City for disposition of
the property. In awarding the bid to the Developer, the City relied
upon all representations, descriptions, discussions, drawings and
other representations by the Developer of the Project. Those matters
are incorporated into this Agreement by reference together with the
bid packet of the Developer as well as the narrative description of
the Project submitted with the bid, attached to this Agreement as
Schedule B.
B. Time for Construction. Construction of the Project on the
Property shall begin by March 1, 1993 and shall qualify for the award
of a certificate of occupancy from the Building Commissioner of the
City of South Bend, Indiana, by March 4, 1994. The Developer shall
certify in writing to the City and the City shall determine its
approval of the date of beginning construction, which shall include
not only ground breaking but also the assembly of personnel,
machinery, equipment and supplies in the Property on a full time
basis.
SECTION IV. COMPLETION.
A. Certificate of Com letion. Promptly after the Developer
completes the Project under this Agreement and in substantial
accordance with the plans and specifications approved by the City,
the City shall furnish the Developer with a Certificate of
Completion. This Certificate shall be a conclusive determination of
satisfaction and termination of all covenants, requirements,
obligations and the like in the Agreement and Deed, except the
covenants of Section V of the Agreement and Section III of the Deed.
After the issuance of the Certificate of Completion by the City,
neither the City nor any other party shall thereafter have or be
entitled to exercise any rights, remedies, or controls otherwise
available with respect to the Property as a result of a default in or
breach of any provisions of the Agreement or the Deed by the
Developer or any successor in interest or assign, unless:
a. the Developer, any lessee, or any other successor in
interest or assign defaults or breaches the covenants
of Section V of the Agreement or Section III of the
Deed, and
a b. the right, remedy or control relates to such default or
breach.
B. Form of Certification. Each Certification provided for in
this Section shall be in such form as to be recordable in the St.
Joseph County Recorder's Office.
C. Refusal or Failure to Provide Certification. If the City
refuses or fails to provide Certification within thirty (30) days
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after the Developer's written request, the City shall provide the
Developer with a written statement indicating how the Developer
failed to comply with the provisions of this Agreement and giving the
measures necessary, in the City's opinion, for the Developer to take
in order to obtain. such certification.
SECTION V. RESTRICTIONS UPON USE OF PROPERTY.
A. Agreements of Developer. The Developer agrees and the Deed
shall state that the Developer and its successors and assigns shall
not discriminate on the basis of race, color, creed, sex or national.
origin in the sale, lease, rental, use or occupancy of the Property.
B. Enforceability of Covenants. The parties agree and the Deed
shall expressly state that the covenants in this Section shall be
covenants running with the land and, except only as otherwise
spacifical.ly provided -in the Agreement, shall be binding for the
benefit of and shall be enforceable by:
1. the City of South Bend;
2. any successors in interest to the Property; and
6. the United States of America
The covenants shall be enforceable against.:
1. the Developer;
2. its successors and assigns;
3. every successor in interest to the Property; and
4. any party in possession or occupancy of the Property.
The parties further agree that the covenants shall remain in effect
without limitation as to time but shall bind the Developer, each
successor in interest to the Property, and each party in possession
only for the time that the party or successor shall have title to, an
interest in, or possession of the Property.
C. Beneficiaries of Covenants. The parties also agree that the
City and its successors and assigns and the United -States shall be
deemed beneficiaries of the covenants in this Section.both for and in;
their own right and also f or the purpose of protecting the interest -
of the City and other parties, public or private, in whose favor or
for whose benefit the covenants have been made..
The Deed shall state that the covenants shall run in favor of the
City and the United States for the entire period the covenants shall
be in force and effect, regardless of whether the City or the United
States has at any time been, or is the owner of any land or interest
in any land in favor of which such covenants relate.
If the above covenants are breached, the City and the United
States shall have all of the rights and remedi.es to which they or any
other beneficiary of the covenant may be entitled.
SECTION VI. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
A. Representations as to Development. The Developer represents
and agrees that its purchase of the Property and its other
undertakings under this Agreement are and will be used for
development of the Property and not for speculation in land holding.
The Developer further recognizes that:
1. in view of the importance of the development of the. Property
to the general welfare of the City,
2. the substantial financial and other public assistance that
has been made available by law and by the federal and local
governments for the purpose of making such development
possible, and
3. the fact that a transfer in ownership of the Developer is
for practical purposes a transfer or disposition of the
Property then owned by the Developer;
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the qualifications and identity of the Developer and its stockholders
or partners are of particular concern to the City. The Developer
further recognizes that it is due to such qualifications and identity
that the City is entering into this Agreement with the. Developer,and
in so doing is further willing to accept and rely on the obligations
of the Developer for the faithful performance of all undertakings and
covenants.
B. Prohibition Against Transfer of Interest. The. Developer
agrees for itself, its stockholders, and any successor in interest of
itself and its stockholders that prior to the City's issuing a
Certificate of Completion or prior written approval, the Developer or
any party owning ten percent (10%) or more: stock or interest: in.the
Developer shall- not transfer or distribute any stock or change the
identity of the parties in control of the Developer whether by
increased capitalization, merger with another corporation, change in
partnership, corporate or other amendments, issuance of additional or
new stock or classification of stock or partnership, or otherwise
without first having obtained prior written approval from the City,
which approval shall not be unreasonably withheld. The.Developer and
the parties signing the Agreement on behalf of the Developer
represent that they have the authority of all of its existing
stockholders or partners to agree to this. provision on their behalf.
and to bind them with respect to it.
C. Prohibition Against Transfer of Property or Assignment of
A reement. The Developer represents and agrees for itself, its
successors and assigns, that except for security for obtaining
financing needed to enable the Developer to make the improvements
under this Agreement; and except for any other purpose authorized by
this Agreement, the Developer has not made or will not make prior to
receiving the Certificate of Completion:
(a) any total or partial sale, assignment, conveyance, or
lease;
(b) any trust or power; or
(c) any transfer in any other mode or form, with respect to.
the Agreement or the Property or any part thereof, any
interest therein; or
(d) any contract or agreement to do any of the above
without prior written approval of the City, which
approval shall not be unreasonably withheld.
This subsection does not prohibit the lease after certification of a
part of the property as provided by Section IV.
D. Approval of Qualifications Prior to Transfer. The City may
require as conditions. precedent to. any approval.of transfer or
assignment any and all information regarding the qualifications,
financial responsibility, legal status, experience, background, and
any and all other information it deems necessary or desirable in
order to achieve and safeguard the purposes of this Agreement.
E. No Transfer of Developer's Obligations. Absent specific
written agreement by the City to the contrary, no transfer or
approval by the City thereof shall relieve the Developer or any other
party bound in any way by the Agreement or otherwise with respect to
the construction of the improvements and completion of the Project
from any of its obligations with respect thereto.
F. Information as to Interest. The Developer agrees that during
the period between execution.of this Agreement and the City's
issuance of the Certificate of Completion, the Developer will
promptly notify the City of any and all changes in theownership of
stock or partnership interest or any other, act or transacti_ou
involving or resulting in any change in the ownership of such
interest in the Developer or the relative.distr1hution.there.of., of
which it or any of its officers. have been notified or otherwise have
knowledge or information..
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OF
SECTION VII. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES:.
A. Limitation upon Encumbrance of Property. Prior to the City's
issuing a Certificate of Completion, the Developer shall not:
1. engage in any transaction creating any encumbrance upon the
Property, whether by express agreement or operation of law;
or
2, allow any encumbrance to be made on the Property, except for
obtaining funds needed to make the improvements constituting
the Project.
Before securing any financing by mortgage or similar lien instrument
with regard to any part of the Property, the Developer shall notify
the City. The Developer shall promptly notify the City of any
encumbrance that has been -attached to the Property, whether by the
Developer's voluntary act or otherwise. For any mortgage financing
made under this Agreement, the Property may, at the Developer's
option, be divided into several -parts if such subdivision:
1. in the City's opinion is not inconsistent with the purpose
of this Agreement; and
2. is approved in advance in writing by the City.
Any subdivision under this section must also be approved by any other
local government agencies whose action is required for such
subdivision under local_ or state law.
B. Mortgagee Not Obligated to Construct. Notwithstanding any of
the provisions of this Agreement any mortgage holder authorized by
the Agreement. shall not be obligated by this Agreement to construct
or complete the Project or to guarantee such construction or
completion. No covenants or provisions in the Deed shall be.
construed so to obligate such holder. Nothing in this Agreement
shall be construed to permit or authorize any such holder to use the
Property in any manner not provided for or permitted in this
Agreement or to constrict any improvements other than those provided
for or permitted in this Agreement.
C. Copy of Notice of Default to Mortgagee. Whenever the City
delivers'a notice or demand.to the Developer with respect to any
breach or default under this Agreement the City shall at the same
time forward a copy of such notice or demand. to each holder of any
mortgage authorized.by the Agreement at the last address of such.
holder as shown in the records of the City.
D. Mortgagee's Option to Cure Defaults. After any breach or
default referred to in subsection.C, above, each such holder shall
have the right at its option:
1. to cure or remedy such breach or default to the extent that.
it relates to the part of the Property covered by its
mortgage; and
2. to add the cost of doing so to the mortgage debt and the
lien of its mortgage.
Such holder shall not undertake or continue the construction beyond
the extent necessary to conserve or protect those improvements or
construction already made without first having: expressly assumed the
obligation to complete the construction on the property.
This assumption shall be made by written agreement pursuant to
terms and conditions. satisfactory to the City. Any holder who
properly completes the Project shall be entitled to request a
Certificate of Completion under the same terms and conditions
provided for the Developer under. Section IV.
E. City's Option to Pay Mortgage _Debt or Purchase. Property. In
any case, where after default or breach by the Developer or any
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successor in interest under the Agreement, any mortgage holder of any
part of the Property:
1. has, but does not exercise, the option to complete the
improvements relating to the part of the Property covered by
its mortgage or for which it has obtained title, and such
failure continues for a. period of sixty (60) days after the
holder has been notified or informed of the default or
breach; or
2. begins const.ruction.but does not complete such construction
within the period as agreed upon by the City and such holder
(which period shall in any event be at least as long as the
period prescribed for such construction or completion in the
Agreement), and such default shall not have been cured
within sixty (60) days after written demand by the City so
to do,
the City shall have the option of paying to the holder the amount of
the mortgage debt and.securing an assignment of the mortgage and the,
debt secured under it, and every mortgage instrument made prior to
the City's issuance of a Certificate of Completion of construction
with respect to the Property by the Developer or successor in
interest shall so provide. In the event ownership of any part of the
Property has vested in such holder by way of foreclosure or action in
lieu of foreclosure, the City shall be entitled, at its option, to a
conveyance of any part of the Property (as the case may be) upon
delivering to such holder an amount equal to the sum of:
i. the mortgage debt at the time of foreclosure or action
in lieu of foreclosure, less all appropriate credits,
including those resulting from collection and
application of rentals_ and other income. received during
foreclosure proceedings;
ii. all expense with respect to the foreclosure;
iii. the net expense, if any, exclusive of general overhead.,
incurred by such holder in- and as a direct result.. of
the subsequent management of the Property;
iv. the costs of any improvements made by such holder; and
V. an amount equivalent to the interest that would have
accrued on the aggregate of such amounts had all such
amounts become part of th.e mortgage. debt. and such debt
had continued in existence...
F. City's Option to Cure Mortgage Default. Prior to the City's
issuance of a Certificate of Completion, if the Developer or any
successor in interest defaults or breaches any of its obligations.
under any mortgage or other instrument creating an encumbrance or
lien upon any part of the Property, the City at its option may cure
such default or breach. If this occurs, the Developer or successor
in interest shall reimburse the City for all costs incurred by the
City in curing such default or breach. Such reimbursement shall be
in addition to and without limitation upon any other rights or
remedies to which the City is entitled. Any such lien shall be
subject always to the lien (including any lien contemplated, because
of advances yet to be made) of any then existing mortgages on the
Property authorized by the Agreement, including any lien
contemplated, because of advances yet to be made..
G. Mortgage and Holder. For the purposes. of this Agreement.:
the term "mortgage" shall include a deed of trust or other instrument
creating an encumbrance or lien upon any part of the Property as
security for a loan to construct and otherwise finance. the Project;
the term "holder" in reference to a mortgage shall include any
insurer or guarantor of any obligation or condition secured by such
mortgage or deed of trust, including, but not limited to, the Federal.
Housing Commissioner, the Administrator of Veterans Affairs, and any
successor in office of either such official..
,CTION VIII. REMEDIES.
A. In General. Except as otherwise provided in the Agreement,
upon any default in or breach of the Agreement by either party or any
successor to such party, such party (or successor), upon written
notice from the other, shall proceed immediately to cure or remedy
such clef ault or breach within thirty (30) days after receiving the
notice. If action is not taken or not diligently pursued, or the
default or breach is not cured or remedied within a, reasonable time,
the aggrieved party may institute proceedings necessary or desirable
in its opinion to cure and remedy the default or breach, including,
but not limited to, proceedings to compel specific performance by the
party in default or breach of its obligations.
B. Termination by Developer Prior to Conveyance.
1. If the city does not tender conveyance or possession.of the
Property in the manner and condition and by the date provided in the
Agreement, and any such failure is not cured within thirty (30) days
after the date of written demand.by the Developer, the Agreement
shall be terminated at the option of the Developer, by written.notice
to the City, and, except for return of the Deposit, neither the. City
nor the Developer shall have any further rights against or liability
to the other under the Agreement.
2. if the Developer furnishes evidence satisfactory to the City
that, after and despite diligent effort for a period of sixty (60)
days after the date of this Agreement, it has been unable to obtain
mortgage financing for the Project on a -basis and on terms that would
generally be considered satisfactory by builders or contractors for
construction of the nature and type of the Project, the Developer
shall, after having submitted such evidence and if so requested by
the City, continue to make diligent efforts to obtain such financing
for a period of sixty (60) days after such request; if the Developer
fails to obtain financing after efforts listed above, then the
Agreement shall, at the option of the City or the Developer, be
terminated by written notice thereof to the other party, and neither
the City nor the Developer shall have any further rights against or
liability to the other under the Agreement..
C. Termination by City Prior to Conveyance.
In the event that:
a. prior to conveyance.of the Property to the Developer and in
violation of the Agreement:
i. the Developer (or successor in interest) assigns or
attempts to assign the Agreement or any rights therein
or the Property, or
ii. there is any change in the ownership or distribution of
the stock of the Developer or with respect to the
identity of the parties in control of the Developer or
the degree thereof; or
b. the Developer does not submit satisfactory architectural and
site plans, or evidence of necessary equity capital and
mortgage financing, in satisfactory form and in the manner
and by the dates respectively provided in the Agreement
therefor; or
C. the Developer does not pay the Purchase Price and take title
to the Property upon tender of conveyance by the City
pursuant to the Agreement,
and if any default or failure referred to in subdivisions (a), (b),
or (c) of this Section.shall not be cured within thirty (3.0) days
after the date of written demand by the City, then the Agreement and
any rights of the Developer or any successor in interest in or from
the Agreement and the Property shall, at the option of the City, be
terminated. The Deposit shall be retained by the City as liquidated.
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damages and as its property without any deduction, offset, or
recoupment whatsoever. Neither the Developer (car successor in
interest) nor the City shall have any further rights against or
liability to the other under. the Agreement.
D. Revesting^Title in. City upon Happening of Event Subsequent to
Conveyance to Developer. if subsequent to conveying any part of the
Property to the Developer and prior to completion of the Project as
certified by the City:
1. the Developer (or successor in interest) shall default in or
violate its obligations with respect to the construction of
the Project, including the nature and the dates for the
beginning and completion thereof, or shall abandon or
substantially suspend construction work, and any such
default, violation, abandonment, or suspension shall not be
cured, ended, or remedied within three (3) months (six (6)
months, if the default is with respect to the date of
completion of the construction) after written demand by the
City so to do; or
2. `:: Developer (or successor in interest) shall fail to pay
real estate taxes or assessments on the Property when due,
or shall place thereon any encumbrance or lien unauthorized
by the Agreement, or shall cause any levy or attachment to
be made, or any materialmen's or mechanics' lien, or any
other unauthorized encumbrance or lien to attach, and such
taxes or assessments are not paid, or the encumbrance or
lien removed.or discharged or provision reasonably
satisfactory to the City made for such payment, removal, or
discharge, within ninety (90) days after written demand by
the City so to do; or
3. there is, in violation of the Agreement, any transfer of any
part of the Property, or any change in the ownership or
distribution of the stock of the Developer, or with. respect
to the identity of the parties in control of the Developer
or the degree thereof as provided in Section VI, and such
violation shall. not be cured within sixty (60) days after
written demand by the City to the Developer,
then. the City shall have the right to re-enter and take possession of
the Property and to terminate and revest in the City the estate
conveyed by the Deed to the Developer. The intent of this provision,
together with other provisions of the. Agreement, is that the
conveyance of the Property to the Developer shall be made upon, and.
that the Deed shall contain, a condition subsequent to the effect
that the event of any default, failure, violation, or other action or
inaction by the Developer specified in this pa.ra.graph D the.
Developer's failure to remedy, end, or abrogate such default,
failure, violation, or other action or inaction, within.the period
and in the manner stated in.such subdivisions, the City at its option
may declare a termination in favor of the City of the title, and of
all the rights and_interest.in and to the Property conveyed by the.
Deed to the Developer, and.that such title and all rights and -
interests of the Developer, and any assigns or successors in interest
to and in the Property, shall revert to the City; provided., that such
condition subsequent and any revesting of title as a result thereof
in the City:
1. shall always be subject to and limited by, and shall not
defeat, render invalid, or limit in any way, (i) the lien of
any mortgage authorized by the Agreement, and (ii) any
rights or interests provided in the Agreement for the
protection of the holders of such mortgages; and
2. shall not apply to individual parts of the Property, if any,
(or in the case of parts leased, the leasehold interest) on
which the construction.thereon has been completed under the.
Agreement and for which a Certificate of Completion has been.
issued as provided in Section IV.
WE
E. Resale of Reac fired Property; Disposition of Proceeds. Upon
revesting in the City of title. to the Property or any part
eof as provided in paragraph D above., the City shall, pursuant to
its responsibilities under State law, use its best efforts to resell
the Property or part thereof (subject to such mortgage liens and.
leasehold interests as set forth in paragraph D above) as soon and in
such manner as the City shall find feasible and consistent with the
objectives of State law to a qualified and responsible party or
parties (asdetermined by the City) who will assume the obligation of
making or completing the construction of the Project in its stead or
of another project as shall be satisfactory to the City and in
accordance withthe uses specified for such Property or part thereof
in the Plan. upon such resale of the Property, the proceeds shall be
applied-
1. First, to reimburse the City for all. costs and expenses
incurred by the City, including but not limited to:
a. salaries of personnel, in connection with the
recapture, management, and resale of the Property or
part thereof, but less any income derived by the City
from the Property or part thereof in connection with
recapture such management or resale;
b. all taxes, assessments, and water and sewer charges
with respect to the Property or part thereof.., or, in
the event the Property is exempt from taxation or
assessment or such charges during the period of
ownership thereof by the City, an amount, if paid,
equal to such taxes, assessments_, or charges, as
determined by the appropriate assessing officials, as
would have been payable if the Property -were not so
exempt;
C. any payments made or needed to be made to discharge any
encumbrances or liens. existing on the Property or part
thereof at the time of revesting of title in the City
or to discharge or prevent from attaching or being made
any subsequent encumbrances or liens. due to
obligations, defaults, or acts of the Developer, its
successors or transferees.;
d. any expenditures made or obligations incurred in.making.
or completing the construction or any part thereof. on
the Property or part thereof;
e. and any amounts otherwise owing the City by the
Developer and its successor or transferee; and:
2. Second, to reimburse the Developer, its successor or
transferee, up to the amount equal to:
a. the sum of the Purchase Price paid by it.for the
Property (or allocable to the part thereof) and the
cash. actually invested by the Developer in construction
on the Property or part thereof, less.
b. any gains or income withdrawn or made by the Developer
from the Agreement or the Property.
Any balance remaining after such reimbursements shall be retained by
the City as its property.
F. Other Riahts and Remedies of City; No Waiver by Delay. The
City shall have the right to institute such actions or proceedings as
it may deem desirable for effectuating the purposes- of this Section
VIII. This would include the right to execute and record or file
among the public land records in the office in which the Deed.is
recorded a written declaration of the termination of all the right,
title, and interest of the Developer, and (except for such individual
parts upon which construction has been completed under the Agreement
and for which a Certificate of Completion as provided in Section IV
is to be delivered, and subject to such mortgage liens and leasehold
interests as provided in Section VIII, paragraph D hereof) its
successors in interest and assigns, in the Property, and the
revesting of, title in the City. Any delay by the City in instituting
or prosecuting any such actions or proceedings or otherwise asserting
its rights under this Section VIII shall. not operate as a waiver of
such rights or to deprive it of or ]limit such rights in any way.
This provision intends that the City should not be constrained, so as
to avoid the risk of being deprived of or limited in the exercise of
the remedy provided in this. paragraph because of concepts of waiver,
laches, or otherwise, to exercise such remedy at a time when it may
still hope otherwise to resolve the problems created by the default.
involved; nor shall any waiver in fact made by the City with respect
to any specific default by the Developer under this paragraph be
considered, or treated as a waiver of the City's rights to any other
defaults by the Developer under this paragraph or with respect to the
particular default except to the extent specifically waived in
writing.
G. Enforced Delay in Performa.nce.for Causes Beyond Control of
Party. For the purposes of any ofthe provisions, of the Agreement,
neither the City nor the Developer, as the case may be,. nor any
successors in interest, shall be considered in breach of or in
default in its obligations with respect to the preparation of the
Property for the Project, or the beginning and completion of
construction, or progress in respect thereto, in the event of
enforced delay in the performance of such obligations due to
unforeseeable causes beyond its control and. without its fault or
negligence. These include, but are not limited to, acts of God, acts.
of the public enemy, acts of the federal government, acts of the
other party, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather, or delays
of subcontractors due to such causes. The purpose and intent of this
provision is that in the event of the occurrence. of any such enforced
delay, the time or times for performance of the obligations of the
City with respect to the preparation of the Property for development
or of the Developer with respect to construction of the Project as
the case may be, shall be extended for the period of the enforced
delays as determined by the City: Provided, That the party seeking
the benefit of the provisions of this paragraph shall., within ten
( 10 ) days after the beginning of the enforced delay, have first
notified the other party thereof in writing and of the cause or
causes thereof., and shall have requested an extension for the period
of the enforced delay.
H. Rights and Remedies Cumulative. The rights and remedies of
the parties to the Agreement, whether provided by law or by the
Agreement, shall be cumulative. The exercise by either party of any
one or more of such remedies shall not preclude the exercise, at the
same or different times, of any other such remedies for the same
default or breach or of any of its remedies for any other default or
breach by the other party. No waiver made by either such party with
respect to the performance, manner or time.thereof, any obligation of
the other party, or any condition to its own obligation under the
Agreement shall be considered a waiver of any rights of- the party
making the waiver with respect to that particular obligation of the.
other party or condition to its own obligation beyond those expressly
waived in writing and to the extent thereof, or a waiver of any
respect in regard to any other rights of the party making the waiver
or any other obligations of the other party.
I. Party in Position of Surety With Respect to Obligations. The
Developer, for itself, its successors and.assigns, and for all other
persons who are or who shall become liable upon.or subject to any
obligation or burden under the Agreement, whether by express or
implied assumption or otherwise, hereby waives, to the fullest extent
permitted by law, any and.al.l claims or defenses otherwise available
on the ground of its or their being or having become a person in the
position of a surety, whether real, personal, or otherwise or whether
by agreement or operation of law, including, without limitation on
the generality of the foregoing, any and all claims and defenses
based upon extension of time, indulgence, or modification of terms of
contract.
_10-
:TION IX. MISCELLANEOUS.
A'• Conflict of Interest• Cit Re r.esentatives Not Individual
Liable. No official or employee of the City shall have any personal
interest, direct or indirect, in the Agreement, nor shall any such
Official or employee participate in any decision relating to the
Agreement which affects his personal interests or the interests of
any corporation, partnership, or association in which he/she is,
directly or indirectly, interested..
of the
City shall be personally liable to the oDeveloper,Officialooreanyoyee successor in
interest, in the event of any default or breach. by the City or for
any amount which may become due to the Developer or successor or
assign or on any obligations under the terms of the Agreement.
B. Brokered.Services. The parties agree and acknowledge that no
brokered services were used or resulted in the execution of this
agreement.
C. Recordation. This Agreement shall be recorded. in the office
of the St. Joseph County Recorder immediately subsequent to its
execution.
D. Equal Employment Opportunity. The Developer, for itself and.
its successors and assigns, agrees that during the construction of
the Project:
1. The►Developer will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, or national origin. The Developer will take
affirmative action to insure that applicants are employed.,
and that employees are treated awing employment, without
regard to their race, color, religion, sex, or national
origin. Such action shall include,but not -be limi.ted.to,
the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms: of compensation;
and selection for training, including apprenticeship. The
Developer agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
2. The Developer will state, in all solicitations or
advertisements for employees placed by or on behalf of the
Developer, that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex, or national origin.
3. The Developer will send to each labor union or
representative of workers with whom the Developer has a
collective bargaining agreement or other contract or
understanding, a notice advising the labor union or workers'
representative of the Developer's commitments under
Executive Order 11246, and any amendments thereto and shall
past copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Developer will comply with all provisions of Executive
Order 11246, and any amendments thereto and of the rules,
regulations, and relevant orders of the Secretary of Labor.
5. The Developer will furnish all information and -reports
required by Executive Order 11246, and any amendments.
thereto, and by the rules, regulations, and orders of the
Secretary of Labor or the Secretary of Housing and Urban
Development pursuant thereto, and will permit access to the
Developer's books records, and accounts by the Commission,
the Secretary of Housing and Urban Development, and the
Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and
orders.
6. If the Developer does not comply with the nondiscrimination
-11-
clauses of t is ,
regulations, or orders, the Agreement may be cance e ,
terminated, or suspended in whole or in part and the
Developer may be declared ineligible for further government
contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order
11246, and any amendments. thereto, and such other sanctions
may be imposed and remedies invoked as provided in Executive
Order 11246, and any amendments thereto or by rule,
regulation, or other of the Secretary of Labor, or as
otherwise provided by law.
7. The Developer will include the provisions of Paragraph (1)
through (6) of this Section in every contract or purchase
order, and will require the inclusion of these provisions, in
every subcontract entered into by any of its contractors,
unless exempted by rules, regulations, or orders of the
Secretary of Labor issued, pursuant to Section 204 of
Executive Order 11246, as amended so that such provisions
will be binding. upon each such. contractor, subcontractor, or
vendor, as the case may be. The Developer will take such
action with respect to any construction contract,
subcontract, or purchase order as the Commission or the
Department of Housing and Urban Development may direct as a
means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event the
Developer becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of
such direction by the Commission or the Department of
Housing and Urban Development, the Developer may request the
Unites States to enter into such litigation to protect the
interests of the United States. For the purpose of
including such provisions in any construction contract,
subcontract, or purchase order, as required hereby, the
first three lines of this Paragraph shall be changed to read
"During the performance of this Contract, the Contractor
agrees as follows:", and the term "Developer" shall be
changed to "Contractor."
E. Provisions Not Merged With Deed. None of the provisions of
the Agreement are intended to or shall be merged by reason of any
Deed transferring title to the Property from the City to the
Developer or any successor in interest, and any such Deed shall not
be deemed to affect or impair the provisions and covenants of the
Agreement.
F. Titles of Articles and Sections. Any titles of the several
parts, sections, and paragraphs of the Agreement are inserted for
convenience or reference only and shall be disregarded in construing
or interpreting any of its provisions.
G. Notices and Demands. A notice, demand, or other
communication under the Agreement by either party to the other shall.
be sufficiently given or delivered if it is dispatched by registered
or certified mail, postage prepaid, return receipt requested, or
delivered personally, and
i. in the case of the Developer, is addressed to or delivered
personally to the Developer as follows:
Southhold Restorations, Inc.
322 West Washington
south Bend, Indiana. 46601
ATTN: Jeffrey Wiener, Treasurer; and
ii. in the case of the City is addressed to or delivered
personally to the City of South Bend, Board of Public Works
at 1308 County -City Building, 2.27 West Jefferson Boulevard,
South Bend, Indiana 46601,
or at such other address with respect to either such party as that
party may from time to time designate in writing and forward to the
other as provided in this Section.
-12-
1 WLTNESS-WHEREoF, the Parties hereby execute this Agreement on
ite first written above.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
ATTEST'.
� II,U Clerk
Sandra M. Parmerlee,
Mary Hall Mueller
SOUTHHOLD RZESTORATIONS, INC.
By=
Jer y w n e r
Its: Treasurer -
STATE OF i9DIANA ASS:
ST , JOSEPH COUNTY )
the undersigned, a Notary Public in and for. said
Before me, James R.
County and State, personally appeared John E. e City Bend
Caldwell, and Mary Hall Mueller, members of the Cityn of the
Board of Public Works, and.acknowledged
for PrivatecutIO
Development
foregoing Contract for Sale of L
and
IN WITNESS WHEREOF, I:
affixed my official seal
My Commission /Efxpires :
STATE OF INDIANA )SS:
ST. JOSEPH COUNTY )
hav hereunto subscribed my name
on
�`�� , 1993.
Notary Public IN
Residing in St.
Joseph County,
id
Before me, the undersigned, a Notary Public in and for sa
County and State, personally and acknowledged the
appeared :ry Wiener
execution of the foregoing Contract far Sale of Land for Private
Development.
-13-
wzTNESS WHEREOF, I
I my official seal
ny Commission 'Expires:
�� MARTEiA �. LANTZ
ST S05EP4i COU14TY
MX CQ!1C1i5510t4 Zy OCT 28.1994
have hereunto subscrz.oeck my name: diia
on February 12, 19 93
Martha A. Lantz
Notary Public
Residing in St . Joseph Cou,'Ity, 11q
This document preJenny Pitts Manier, Chief Assistant City
C ty Building, South Bend, Indiana 46641.
Attorney, 1900 Caunty-
nty-
pERS/K-SOHOLD
-14-
Aparc.e . u1 1.CL,I" J.L1 \ -kL'-I ,-*1-' - "-
12, Township 37 North, Range 2 East, City of South
Bend, Portage Township, St. Joseph County, Indiana,
being platted as Denn.iston & F:-llows Addition as
recorded in Book 2, Page 48, at the St. Joseph
county Recorder's office in South Bend, Indiana, and
described as follows:
Beginning at an .iron at the intersection of the East
right-of-way line of Carroll Street and the south
right-of-way line of south Street; thence South
89°391011 East (,bearing assumed), 141.50 feet along
said South right -of -Gay line to the Point of
Beginning; thence continuing South 89o39147" East,
50,00 feet along said south right-of-way line;
thence South 00000'00" East, 115.50 feet to the
North right- f-way line of a 14.00 foot alley;
thence North 89039'47" West. 50.00 feet along said
North right-of-way line; thence North 00°00'00"
West, i15.50 feet
South
Beginning,waY andline of
South Street and the Point
containing 0,1326 acres, more or less, and is
subject to all easements, restrictions and or
covenants of record,
Bend (nRealknown
Estate")�2andEast
south Street,
RES02/DES-SxoLD
hAnIDII 0
Developer shall move the residential structurelocated on aat 36
North Main Street, South Bend, to the Property, situate new
Developer, and ready
foundation to be constructedatthe P4�perty 1994.bYThe house may be
the structure for occupancyb
Y March
subdivided into no more than two individual units.
The renovation must include the exterior facades - any artificial
or wide band aluminum siding, must be
siding such as asphalt siding, painted), all
removed (the existing wood siding is to be rep aaridndsaape Plan must
windows are to be repaired/replaced as needed,
be implemented, etc. The house must bust°belfully etely operat�onalwith
all mechanical systems in place - it m
g��:�6�i2�3�� � ��.
.„,,..
.. j ! � �;�� jg�
`�� .�r� ,
� �� _ .
�� .r..:�.•.,.:,
•e �,
r-
f,` ✓ MAIL DEED TO:
MAIL TAX BILL-5 TO-
COPYRIGHT
5T, josrPH COUNTY. INOIANA
BAR ASSOCIATION
PROPCRTY FORM 103 — 107A
SOUTHHOLD RESTORATIUNS, INC.
322 1-7. Washingz-or!
South Bend, '1:ndiana 46601
AUDITOR'S RECORD
Transfer No.
Taxing Unit
Dare � •
Key No.. i b-3026-6938� ,
CIiY OF SOUTH BEND, INDIANA
r. •. .
the Grantor ff
Releases and Quit -Claim s to SOUTHHOLD RESTORATIONS, INC. an Indiana
not -for -profit corporation
the Grantee
for and in consideration of Une Dollar ($1 . GO )
L<
and other good and valuable consideratio
the receipt of which is hereby acknowledged, Real Estate in St. Joseph County,
in the State of Indiana , described as follows:
A part of Lot No. 23 in Denniston and Fellows
Addition to the Town, now City, of South Bend, which
part is bounded by a line running as follows:
Beginning at a point 45 feet 3 inches west from the
corner formed by the intersection of the South line
of South Street with the West line of Columbia
Street; thence South 7 rods to a public alley;
thence West along the North line of said alley 45
feet; thence North 7 rods to the South line of South
Street; thence East along the South line of South
Street 45 feet to the place of beginning, commonly
known and described as 316 East South Street, South
Bend, Indiana.
February 8 93
.Si�rr�erl and dated on , 19
State of ; nc�zana ._�-, _ S --- JCiSe2 L-1 County, ss:
Before hie, the undersigned, a Notar}' Public in and for said Counly
and State, �ertgria1,1 J,appeared:
JosQP11, ,E,.r� ;a1'1, i•;aycr, and
�.z'n� tGF,ukrn , -t-3er;c
�•- ;tip � ��'' •' _
.
and acknowledged lire execution of the foregoing deed on
Alotary Public
.•SiKMlun•
>. •.�1GI lUi:S� Fl TI ). I ''1 ti1, r)�i:.l�'►_e t� -- --
- - 9}pcd or prenlrJ iruyn
ti,rrlla urn• t ,/
ose h E. Rer:nan
't:t'pe I nr pri:sled ❑n .v
5e�nnit,rr
Irene Gammon
nr prinrcJ rra �"-----
c�
7;eped nr printed name
Typed or printed nano,----
Prcprrredry'•` J``r2r1 PLuts Man'er:, Chief rT•SSiS•ia11t_ City At'�O�ilE'}r, 14OO Couli v:
,.'.."-City Building, Soutji Belld, T> jr"4ff6Yi T
MAIL. DEED MAIL TAX BOLLS TO:
Southholce Res orations, inc.
322 West Washingtor,
South Bend, IN 4G601
9c30J8Z7
SOUTH BEND REDEVELOPMENT AUTHORITY
the Grantor
Release sand Quit -Claims to CITY OF SOUTH BEND, iNDIANA
the Grantee
COPYRIGHT
BT, JOSEPH COUNTY. Iill
RAR ASSOCfATION
PROPERTY FORM 103 — 1974
AUDITOR'S REC RD nl
Transfer No.
Taxing Unit
Date
for and in consideration of Ten Dollars ($10 . 00 ) and other good and valuable
consideration
the receipt of which is hereby acknowledged, Real Estate in St. Joseph County,
in the State of Indiana , described as follows:
A parcel of land in the ,southwest Quarter of Section 12,
Township 37 North, Range 2 East, City of South Bend., Portage
Township, St. Joseph County, Indiana, being platted as Denniston &
Fellows Addition as recorded in Book 2, Page 48, at the St. Joseph
County Recorder's office in South Bend, Indiana, and described as
follows:
Beginning at an iron at the intersection of the East
right-of-way line of Carroll Street and the South right-of-way line
of South Street; thence South 89*39147" East (bearing assumed),
141.50 feet along said South right-of-way line to the Point of
Beginning; thence continuing South 8903914711 East, 50.00 feet along
said South right-of-way line; thence South 00'00'00" East, 115.50
feet to the North right-of-way line of a 14.00 foot alley; thence
North 89039147/1 West, 5o.00 feet along said North right—of—way line;
thence North 00,0010011 West, 115.50 feet to the South right -of --way
line of South Street and the Point of Beginning, and containing
0.1326 acres, more or less, and is subject to all easements,
restrictions and or covenants of record, commonly known as 312 East
Mouth Street. ° U( at ��� f i i L ' (jj- l
Q .`,lCr�LY D. CRONE
lI. jlJ7Lu
i�3! iIVD�YI ?1�Y1
Signed and dated on
State of Indiana , _ S t . Joseph County, ss:
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared:
Joseph Wroblewski, President, and
Donald K. Fewell, Secretary, of the
South Bend Redevelopment Authority
%�r )I /_1
�J W
)A
V�— ure_�pli VTrit I £'aGjSK1
Typed or printed name
Signature
Donald K - Fewel l
and 'al npwleriged iite.execution of the foregoing deed on Signature
Typed or printed name
�.....
Notary Public
Signature ...
1� /Z �.- �5
t/1
Signature'L'yped or printed name �LrF J, �.�FQL / jQI C C- •_ T
My commission expires Typed or printed name
4 r,
Prepared by Jei1ny Pitj-s Manier, Chief Assistant Citv T-Itorne 1400 'o nty=City
I South
7h rney of La U1
Building, ou Bend, !N 466'Ut
9305827
Fli
VEG 11.1 '93
lJ 9�3., lJ
V
i•iAIL DEED TJ
GO'JTH LEND DEPARTMENT
A
OR REDEVELOPMENT
AUDITOR'S RECORD
1200 COUNTY -CITY BUILDING TRANSFER NO,
-WTIA BEND, IN 46601 TAXING UNIT
DATE -? S- lz9
_ MAIL TAX BILL TO:
KEY N0
=Yt SOUTHHOLD RESTORATIONS, INC.
-"= 322 W. Washington
1 South Bend, Indiana 46601
QUIT CLAIM DEED
!: (Private Redevelopment)
I
THIS INDENTURE WITNESSETH, that the city of South Bend, Indiana
-' r eonve s and quit claims to Southhold Restorations, Inc.,
(Grantor), , Y
an Indiana not -for -profit corporation (Grantee), for Ten Dollars
($10.00) and other good and valuable consideration, the receipt Of
which is hereby acknowledged, the followingdescribed
realal estate
in
the City of South Bend, St. Joseph County, Indiana
See attached Exhibit A
SECTION I. This Deed is subject to the covenants,
conditions, restrictions, and provisions of the Contract for Sale of
Land for Private Redevelopment entered into between the Grantor and
theGrantee dated February 15, 1993, a copy of which was recorded
on �h ZS , 1�°�� , as 17ocument No . Ol �L L% 1 Z in the office of
the Recorder in St. Joseph County, Indiana (the Agreement).
The Grantee may not convey this Real Estate, or any part
thereon, without the consent of the Grantor until the Certificate of
Completion, as described in the Agreement, releasing the Grantee from
the obligations of the Agreement as to this Real Estate, or such part
thereof then to be conveyed, has been
Granteefrom mortgaging
nF�ec
provision, however, in no way prevents
this Real Estate in order to obtain funds for the purchase of Real
Estate hereby lidand for able provisionsnofjtheaZoningsordinance1 of the
conformity withh appaPP
City of South Bend, Indiana.
The terms and covenants of the Agreement pertaining to the
redevelopment of the Real Estate and to the improvements shall be
deemed covenants running with the land.
it is specifically agreed that the Grantee shall promptly
begin and diligently prosecute to completion the redevelopment of the
Real Estate through the construction of the improvements thereon, as
provided in the Agreement, and as represented to the Grantor in
public documents of the Grantor, including but not limitedtothe bid
proposal submitted to the Grantor by Grantee (Project).
Commissioner aqualify
construction shall be begun no later than March 1,1993 , and of the
Tfoi a certificate of occupancy from the Building
City oz south Bend on or before March 4, 1994.
promptly after completion of the Project, the Grantor will
furnish the Grantee with an appropriate instrument so certified.
Such certification by the Grantor shall be (and it shall be so
provided in the certification itself) a conclusive d.etermi.nation of
satisfaction and termination of a17. covenants, requirements,
obligations and the like in the Agreement and Schedule C. thereto,
and in this deed, except the covenants of section V of the Agreement
and Section TIT herein. All certifications provided for herein shall
be in such form as will enable them to be recorded with the Office of
thc Recorder of St. Joseph County.
SEC TION '11. In the, everit t,h.c� Grantce herein, prior to the
recording of the Certificate of Completion hereinabove referred to,
shall --
(a) default. in or, violate any obligations with respect
to the construction of the improvements provided
for :in this Deed and the Agreement, or abandon or
substantially suspend construction work, and any
default, or violation, abandonment, or suspension
is not cured, ended, or remedied within three (3j
months (six (6) months if the default is with
respect to the date.: for the completion of the
improvements) after written demand by the Grantor
so to do; or
(b) fail to pay real estate taxes or assessments on
the Real Estate or any part thereof ;when due, or
shall place thereon any encumbrance or lien not
authorized by the Agreement with the Grantor, or
shall suffer any levy or attachment to be made, or
any materialmen's or mechanic's liens or any other
unauthorized encumbrances or lien to attach, and
such taxes or assessments are not paid or the
encumbrance or lien removed or discharged, or
provisions satisfactory to the Grantor made for
such payments, removal or discharge, within thirty
(30) days after written demand by the Grantor. so
'to do; or
(c) in violation of the Agreement or of this Deed,
transfer the Real Estate or any part thereof, or
if there is any change in the ownership or
partnership interests, or to the identity of the
parties in control of the Grantee or either of
them or the degree thereof, and such violation is
not cured within thirty (30) days after written
demand by the Grantor;
then the Grantor shall have the right to re-enter and take possession
of the Real Estate and to terminate and revest in t.h.e Grantor the
estate conveyed by this geed to the Grantee, its assigns or
successors in interest. Such reversion of title shall, however, be
subject to the lien of any outstanding mortgage authorized by the
Agreement.
SECTION III. The Grantee agrees for itself and its
successors and assigns to or of the Real Estate any part thereof,
hereinabove described, that the Grantee and such successors and
assigns shall not discriminate upon the basis of race, sex, color,
.religion, or national origin in the sale, lease or rental or in the
use or occupancy of the Property or any improvements erected or to be
erected thereon, or any part thereof.
it is intended and agreed that the above and foregoing
agreements and covenants shall be covenants running with the land;
and that they shall, in any event, and without regard to technical
classification or designation, legal or otherwise, and except only as
otherwise specifically provided in this Deed, be binding, to the
fullest extent permitted by law and equity, for the benefit and in
favor of, and enforceable by, the Grantor, its successors and
assigns, and the City, and any successor in interest to the Real
Estate, or any part thereof, and the United States against the
Grantee, its successors and assigns, and every successor in interest
to the Real Estate, or any part thereof. It is fiirther intended and
agreed that such agreements and covenants shall remain in effect
without limitation as to time: Provided, however, that 'such
agreements and covenants shall be binding on the Grantee itself, each
successor in interest to the Real Estate, and every part thereof, and
each party in possession or occupancy, respectively, only for the
period as such successor or party shall have title to, or an interest
iri, ur possession or occupancy of, the Real Estate or part thereof.
-2-
SECTION TV. In amplification, and not in restriction, of
the provisions of this Deed, it is intended and agreed that the
Grantor and its successors and assigns shall be deemed beneficiaries
of the agreements and covenants provided herein, and the United
States shall be deemed a beneficiary of the covenants in Section III
hereof, both for and in their own right, and also for the purposes of
protecting the interest of the community and the other parties,
public or private, in whose favor or for whose benefit these
agreements and covenants have been provided. Such agreements and
covenants shall run in favor of the Grantor and the United States,
for the entire period during which such agreements and covenants
shall be in force and effect, without regard to whether the Grantor
or the United States has at any time been, remains, or is an owner of
any land or interest therein to, or in favor of, which such
agreements and covenants relate. The Grantor and the United States
shall have the right in the event of any breach of any such agreement
or covenant to exercise all rights and remedies, and to maintain any
actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach of agreement or covenant, to which
it or any other beneficiaries of such agreement or covenant may be
entitled.
SECTION V. This Deed is also given subject to:
(a) Easements, Restrictions, and Agreements of record.
(b) Provisions of the zoning ordinances of the City of
South Bend, Indiana, insofar_ as they affect this real
estate.
In the event any of the terms, conditions, obligations or
restrictions herein conflict with those contained in the Agreement,
the terms, conditions, obligations and restrictions of the Agreement,
when read together as a whole, shall prevail.
SECTION IV. Grantor certifies under oath that no Indiana
Gross Income Tax is due or payable in respect to the transfer made by
this deed.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be
duly executed in its behalf by its President and Sec= t�xy and has
caused its corporate seal to be hereunto affixed on YZII.G�t �a
1993. U
CITY OF SOUTH BEND, INDIPNA
GRANTOR
J_seph E. Kernan, Mayor
ATTEST:
Irene K. Gammon, Clerk
J.
•', i•C;'� ��� `till --
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7T11-
TE OF INDIANA )
}SS:
S.L. JOSEPH COUNTY }
Bef ore me, the undersigned, a Notary Public, in and for said
County and State, personally appeared City of South Bend, Indiana, b
Joseph E. Kernan and Irene K. Gammon, Mayor and City Clerk, y
respectively, of the City of South Bend and acknowledged the
execution of the foregoing Deed.
IN WITNESS WHEREOF,
affixed my official seal on
14Y Commission Expires:
Date:
I have hereunto subscribed my.r,•naine - 2rnd
the uDday of
Notary ublic
Residing in St. Jo
Seph �l�ii7�lty•,..,�IN
ACCEPTED:
SOUTHHOLD RESTORATIONS, INC.
By:
T ts:
This instrument was prepared by Jenny Pitts Manier, Chief Assistant
City Attorney, City of South Bend, 1400 County -City Building, South
Mend, Indiana 46601.
D/JPM:DEEDSHOLD
-4-
EX.RIBIT A
A parcel of Land in the Southwest Quarter of Section
12, Township 37 North, Range 2 East, City of South
Bend, Portage Township, St. Joseph County, Indiana,
being platted as Dennist.on & Fellows Addition as
recorded in Book 2, Page 48, at the St. Joseph
County Recorder's office in South Bend, Indiana, and
described as follows:
Beginning at an iron at the intersection of the East
right-of-way line of Carroll Street and the South
right-of-way line of South Street; thence South
89039147" East (bearing assumed), 141.50 feet along
said South right-of-way line to the Point of
Beginning; thence continuing South 89139'47" East,
50.00 feet along said South right-of-way line;
thence South 001001001, East, 115.50 feet to the
North right-of-way line of a 14.00 foot alley;
thence North 89°39147" West, 50.00 feet along said
North right-of-way line; thence North 001100100"
West, 115.50 feet to the South right-of-way line of
South Street and the Point of Beginning, and
containing 0.1326 acres, more or less, and is
subject to all easements, restrictions and or
covenants of record, commonly known as 312 East
South Street, South Bend.
RES02/DES—SHOLD
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