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HomeMy WebLinkAbout#2948- Deed; QUIT-CLAIM DEED From City of South Bend to American Home Dreams, Commonly known as 313 and 317 Broadway - Part 2z�'4s 3� Quit Claim Dee From City of South Bend To: American Home Dreams, Inc. Lot 329 of Wenger & Grighbaum's 151 Broadway Add, in Plat Book 9, page 74 Key No. 18-7013-0499 commonly known as 313 Broadway Lot 330 of Wenger & Kreighbaum's I" Broadway Add Plat Book 9 page 74 Key No. 18- 7013-0500 commonly known as 317 Broadway y 14 �� 12 13 14 s BARTLETi r 15 4 16 5 17 6 18 19 I H 1134 f 163 178 182 II 179 181 11 160 NA;VARRE IG9' 198 197 iyS 137 188 €96 189 0 195 190 194 191 Y 193 IQ !G5 , MARI©N 210 199 209 200 Ld 208 ZA -2--a ui 207 206 Q J 205 201 202 �xo�l 204 17 L, 30 29 mS IG l 27 1I 14 26 11 13 ---F+�Mq�iaL`12 y 25 II 24 II 23 10 I I 22 HOS�IITAL - s Tit 2I20 i �65 �65 15G 145 155 146 i3 154 147 c 153 143 152 149 151 z �5� 6 159 MADISON ,Gss• 222 211 R 176 169 ' i 221 212 € 175 I I' 70 15 II \ I 14 3 13 II ST. 66' 1t' Ul nM en10 10 07 3 4 Y 8 o-�Ir-.D .. 43 '�• 7r. b HAMMOND PL.60/ 6 !e 13 12 11 10 �9a 35 35 Y77 DIN iV d• cf d FL7 so4 8 9 3 Etn_- .5 2 'o N N 4 3 2 I aP7 � �.. ST. 82.5 I v 129 05 4- 2 128 ,3 w6 127 7 i 0- Trs ui1 in 71 124 r 123 ST. 62.5' 1 4 1 130 I� 1 18 / / 140 131 �� 117 / � 159 132 "� � 116 �1 138 133 / C2,�. 137 134 156 135 ST. S?.a' 115 9 �.. \lb 114 ( � Iu r.. Patrick M. McMahon, P.E, Director, Public Works CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Mr. Anthony Gurvis Crown Top Manufacturing 336 fount Vernon Avenue Columbus, OH 43215 Dear Mr. Gurvis: CERTIFIED LETTER NO. P102242210 May 7, 1980 Corporation (219) 284-9251 Mr. Wells of this office reported to me that he had conversations with you on April 25, 1980, with regard to the residual properties located near the Town Tower Motor Inn in South Send. fly understanding of your conversation with Mr. Wells is as follows: The original written offer extended to the City of South Bend personally by Mr. Butt on September 4, 1979, to the City's Board of Public Works at their regular meeting, in the amount of $45,772.00 for the west property (commonly referred to as Parcel "A") has been withdrawn; and, 2. Gurvis/Crown/Tower Motor Inn is now offering S45,672.00 for both the west and the north residual properties as well as for the construction of a new entrance to the west property by the City. Let me first state that I am disappointed that you have chosen to rescind your original offer, particularly in light of the history associated with these transactions. You will recall that the City's initial inquiry in- to the purchase of properties for the Blain/Michigan Connector with Mr. Henry Gurvis centered around only that portion of the affected properties which were required for the proposed new right-of-way. In response to our inquiry, the City was requested to purchase 100 per cent of those ti r Mr. Anthony Gurvis Page Two May 7, 1980 parcels affected, and it was stated that Gurvis, et al, would repurchase the residual areas. In the interest of time and also based on the assumption of good faith in these negotiations, the City chose to accom- modate this request, rather than pursue condemnation of these properties. I would note that this decision caused the City to invest substantially more money in the acquisition phase of this project. When time came to sell the property, the City received no response to its request for bids, despite direct notification of your firm. The second time that it ►vas advertised, we received the above described offer from Mr. Butt. Documents were mailed to Gurvis, et al, to consummate this sale. After approximately thirty (30) days, a meeting was requested by the City to ascertain why Gurvis, et al, had not responded. At that meeting held on October 5, 1979, the City was requested to outline its commitment to make certain improvements at the property. The City agreed and said letter was issued to Mr. Robert Butt on October 16, 1979. Again the City awaited the processing of the necessary closing documents, how- ever the City received no word whatsoever from Gurvis, et al, until your conversation of April 25, 1980, with Mr. Wells. I believe that the City has been extremely patient in dealing with Gurvis, et al, to this point in time. We felt that the acquisition of this property by yourself or your associates was essential to either the operation of the Town Tower Motor Inn or to any other future use of your holdings. We are quite surprised to find that your actions indicate that this is not the case. The City of South Bend, in December of 1979, entered into a lease for the use of the north property, (commonly referred to as Parcel "B"). This lease is severable upon notification by the City of the City's intent to dispose of this real estate. The City of South Bend has no intentions whatsoever of disposing of either Parcel "A" or Parcel "B" at less than the $5.50 per square foot which the City paid for this property. This figure translates into an offering price of $45,672.00 for Parcel "A" and $42,834.00 for Parcel "B". In addition, should the City choose to dispose of Parcel "B" within the first five years of this lease, the offering price for this property shall be in- creased to reflect the termination costs associated with such action. It is the City's intention, based upon your recent actions, to initiate nego- tiations with other parties who have expressed an interest in this real estate. Your verbal offer to Mr. Wells of April 25, 1980, is therefore rejected by this office. Should Gurvis, et al, be interested in pursuing the acquisition of either of these parcels in accordance with the above, ►-1 J Mr. Anthony Gurvis Page Three May 7, 1980 please feel free to so notify the Clerk of the Board of Public Works of the City of South Bend at your convenience. PMMchl : amc cc: David A. Wells, P.E. Richard L. Hill Henry Gurvis Robert Butt Very truly yours, �,%"•����✓' �F/'n'�✓',� J.�`ter C...o::.. _� Patrick M. McMahon, P.E. Director %�,,ITY of SOUTH BENCH PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 R Patrick M McMahon. P.E. Director, Public Works October 16, 1979 Mr. Robert Butt General Manager Towers Motor inn 423 North Michigan Street South Bend, IN 46601 Dear Mr. Butt: This letter is written to confirm our conversation of October 5, 1979, regarding the dispositlon of the properties north and west of your complex. 219/284.9251 Upon receipt of the documents required in your purchase of the .1906 acre tract for which you have offered $45,772, the following items shall be initiated and pursued to their successful conclusion: 1. The Hotel and the City shall petition the Board of Public Works for the vacation of the west por- tion of the existing east -west alley and the north portion of the existing north -south alley, from the Point of their common intersection in the center of the block in question. 2. The Hotel shall petition the City through the Board of Public Works for the dedication of a new alley, said alley to extend from the north -south - east - west alley intersection northwesterly to the Michi- gan Street -Main Street Connector. 3. The Hotel shall file to be recorded a permanent cross -easement granting access to and from the .1788 acre tract of land located north of your main building and east of the existing ncrth-south all ey. o' Mr. Robert Butt Page Two October 16, 1979 4• Upon completion of the above, the City shall construct the drive way entrance which will serve as the entrance to the new alley. The City-s construction activity shall be limited to the area between the edge of the roadway and the back of the walk. I trust that these matters can be pursued in an expeditious manner. Ver '-ruly yours, c� atrick M. McMahon, P.E. Director PM,Mc:amc cc: David A. Wells, P.E. 0 0 A P\ CITY of PETER SOUTH BEND J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 45601 .Z BOARD OF PUBLIC WORKS Patrick M. McMahon, P.E., President Thomas J. Brunner, Jr. Peter H, Mullen September 4, 1979 Mr. Robert Butt, General Manager Towers Motor Inn ',23 North Michigan Street ,South Bend, Indiana 46601 219/284-9412 Dear Mr. Butt: 9 The Board of Public Works has accepted your bid in the amount of $45,772.00 for the sale of Parcel "A", a residual portion of property near the Michigan -Main Connector. It is the understanding of the Board that you wish to take advantage of credit terms with payments to be made over a three year period, payable in equal quarterly installments with interest at the rate of 8%. A. Purchase Agreement is being prepared and will be submitted to you for approval. Very truly yours, BOARD OF PUBLIC WORKS 19 Patricia DeClercq, Clerk PDC/mp A a 0 September 4, 1979 To: Terry Crone - Deputy City Attorney From: Board of Public 1-Yorks Re: Sale of Parcel "1" The Board of Public Works has accented the only bid received for the sale o- parcel "A", residual Property acquired for the T-iichigan-Nai n Connector. The bid was from Robert Butt, 13eneral idnag er of the Tu-�ers motor Inil. Attached is a cony of the bid as accepted and the legal descri-)ti.on of the parcel. Hr. Butt washes to pu-r.chase the property on credit terms payable in quarterly. installments over a three year pe----i+od with interest � a/t� a rate, ofv3%.t (-The Board i.-/s�ry�requesting � haI� a -nurchase a-reement in accordance with the ter-L=qs as described above be pre -oared and submitted to sir. Butt for s i-n2! lure . MP Att. BOARD OF PUBLIC 1,70R- S Patricia DeClerco, Clerl� a Towers Moran 0nn 423 NORTH MICHIGAN STREET SOUTH BEND, INDIANA 46601 TELEPHONE (219) 232-2041 August 31, 1979 'Mr. David A. dells, P.E. Manager Bureau of Design and Administration City of South Bend County City "ui2ding South Bend, Indiana 46601 Dear Sirs: We wish to submitt a Bid for the Sale of Real Estate by the City of South Bend as per letter dated I�ay 29, 1979 for Parcel "All in the amount of $ 45,772.00. Attach herewith is a legal description as taken from above correspondence for such Property. Sincerely, Robert Butt General_ I''anager : dmk Attachrra,nt: Legal Descr;-ption Parcel A '111�1�1 PARCEL "A" A tract of Land located within Lots 166 and 1`67 as shown on the Original Plat of South Bend, St, Joseph County, Indiana more particularly described as follows: Beginning at the Southeast corner of said Lot 166, thence west along.the south line of Lot 166 a distance of 122 feet; thence northeasterly to a i point on the north line of said Lot 166 and 69 feet west of the northeast corner of said Lot 166, a distance of 84.5 feet more or less; rhence further northeasterly to a point on the east line 1 of said Lot 167 and 58 feet north of the southeast corner'of said l Lot 167, a distance of 90 feet more or less, thence south along the east line of said lot 167 a distance of 58 feet to the southeast corner of Loz 167; thence continuing south along the east line of Lot 166 a distance of 66 feet to the southeast corner of Lot 166 and the point of beginning, containing 8304 square feet. R. � 4 Offering Price - $45,672.00 ., 0 mo. 1 -0- $ 3,954.27 3 mo. 2 836.35 3,117.92 6 mo. 3 774.00 3,180.27 9 Mo. 4 710.39 3,243.88 12 mo. 5 645.51 3,308.76 15 mo. 6 579.34 3,374.93 18 mo. 7 511.84 3,442.43 21 mo. 8 442.99 3,511.28 24 mo. 9 0 372.77 3,581.50 27 mo. 10 301.14 3,653.13 30 mo. 11 228.07 3,726.20 33 mo. 12 153.55 3,800.72 36 mo. 13 77.53 3,876.71 * 12 payments of $3,954.27 and one payment of $3,954.24 Patrick M. McMahon, P.E_ Director, Public Works CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 September 11, 1979 Reply To: Amortization Schedule for $45,7.72f00 at 8% per annom, 3 year term, first equal payment made at closing: TIME PAYMENT INTEREST PRINCIPAL NEW BALANCE 45,772.00 41,817.73 38,699.81 35,519.54 32,275.66 28,966.90 25,591.97 22,149.54 18,638.26 15,056.76 11,403.63 7,677.43 3,876.71 -0- * 6 r CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS Patrick M. McMahon, P.E., President Thomas J. Brunner, Jr. Peter H. Mullen Mr. James P. Conboy, Jr. Michigan -Marion Street Joint Venture 513 N. Michigan Street South Bend, Indiana 46601 Dear Mr. Conboy: December 28, 1979 The Board of Public Works has approved the lease agreement between the City of South Bend and Micbicar.-- Karion Street Joint Venture for Lease of a parcel of land at the southwest corner of Michigan Street and 28arion Street. The Coon Council has by resolution approved the lease agreement. Enclosed you uTill find one executed copy of the lease and the Council resolution. The first lease payment of $800.00 should be forwarded to this office by January 1, 1980. PDC/mm Enclosures (2) cc: Patrick M. McMahon City Controller Very truly yours, BOARD OF PUBLIC WORKS Patricia DeClerce, Clerk 219/284-9412 r'jE$ENTO i�)-17-95 DEC 121979 RESOLUTION NO. _7_5/���- A RESOLUTION OF THE C0141ION COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE BETWEEN THE BOARD OF PUBLIC WORKS AND MICHIGAN-MARION STREET JOINT VENTURE FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF MICHIGAN STREET AND MARION STREET, FROM JANUARY 1, 1980 THROUGH DECEMBER 31, 1984. WHEREAS, the Common Council of the. City of South Bend has passed an ordinance stipulating that the lease of any city -owned real estate to a non -governmental agency entered into by the Board of Public Works shall be submitted to the Common Council for approval, and WHEREAS, the Board of Public Works has entered into a lease with Michigan -Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street, from January 1, 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of Public Works and Michigan -Marian Street Joint Venture for the parcel of land located at the southwest corner of Michigan Street and Marion Street, entered into on December 17, 1979 is hereby approved. SECTION II. This effect from and after approval by the Mayor. i'k ENTED /.?- / 7 Resolution shall be in full force and its adoption by the Common Council and DEC 12 1979 q i APPaO�a2 Irene Ganai-lion CITY CLFm' swh 6Eio' m. I RESOLUTION NO, Zt-� A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE BETWEEN THE BOARD OF PUBLIC WORKS AND MICHIGAN-MARION STREET JOINT VENTURE FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF MICHIGAN STREET AND MARION STREET, FROM JANUARY 1, 1980 THROUGH DECEMBER 31, 1984. WHEREAS, the Common Council of the City of South Bend has passed an ordinance stipulating that the lease of any city -owned real estate to a non -governmental agency entered into by the Board of Public Works shall be submitted to the Common Council for approval, and WHEREAS, the Board of Public Works has entered into a lease with Michigan -Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street, from January 1, 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of Public Works and Michigan -Marion Street Joint Venture for the parcel of land located at the southwest corner of Michigan Street and Marion Street, entered into on December 17, 1979 is hereby approved. SECTION II. This effect from and after approval by the Mayor. ,'�ESENWvgo �;pPR�2 kri3e olol, DEC 1 7 1919 Resolution shall be in full force and its adoption by the Common Council and URN DEC 12 ISIS Irene Gamalon CITY CIERV, SOUTH on, w. R� Patrick M. McMahon, N.E. Director, Public Works CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUII_OrNG SOUTH BEND, INDIANA 46601 December 12, 1979 219/264.9251 Members of the COMmon Council City of South Bend 441 County -City Building South Bend, Indiana Re: Lease of Property at Dear Council Members; Michigan and Marion Streets to James Conboy r Pursuant to the instructions that I received from you at the caucus on December 3, 1979, I have prepared a lease I for the property at the above location, I believe this lease represents a fair and equitable arrangement for both J Mr. Conboy and the City of South Bend. Said lease will be 1 submitted to you upon its, execution by the Board of r Public Works on Monday, December 17, 1979, j v truly yours, f Patrick M. McMahon, P. E. President Board of Public Works PMMc:pdc Ratrlck M. McMahon. N.E. (]hector, P"11C Works Cl TY of SOUTH BEND PETER J. NEMETH, Mayor CUUN TY -CI Ty EVIL DING SOUTH BEND, INDIANA 46601 December 12, 1979 Members of the Conmzon Council City of South Bend 441 County -City Building South Bend, Indiana Re: Dear Council Members: 219l2a4-9251 Lease of Property at Michigan and Marlon Streets to James Conboy Pursuant to the instructions that I received from you at the caucus on December 3, 1979, I have for the property at the above location, PrIPali ei a Iths lease represents a fair and equitable arrangement for both Mr. Conboy and the City of South Bend. subriitted to you upon its, execution b Said lease will be Public Works on Monday, December 17, by he Board of PT•21c : pdc V truly yours, 7-1 / Patrick M. McMahon, P. E. President Board of Public Works RESOLUTION NO. BENDSO ND ANAOF THE COp�gpN COUNCIL OF T PUBLIC WORKS AND PRIC�IIG OVING N MAA LEASE BETWEEN�1THEIBOARD op SOUTH FOR A PARCEL OF LAND LOCATED RATNTHE RSOUTHWEST EET CORNJOINT ERE 1980ITHROUGHCHIGAN SDECEMBERAND 31, 198ION STREET, FROM JANUARYLh 1984, 1> WHEREAS, the Common Council of the City of S has passed an ordinance stipulating.�c�uth Send city`°wed real estate to a non that the lease of any into by the Board of Public Works shallebeasubmittedetoer e Common Council for approval, and the WHEREAS, the Board of Public Works has entered into a lease with Michigan -Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street,` from January 1, 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUPJCIi OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of public Works and Michigan -Marion Street Joint Venture for the parcel of land located at the southwest corner of t97_cbi man Street and. Marion Street, entered into on December is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Mern S er o the Common C'7: a Palreek M. MCMahorr. P_E- Dlrector, Public Works CITY of SOUTH BENp PETER J. NEMETH, Mayor COUNTY-CPTy 81-IILDIN6 SOUTH SEND, INDIANA 46601 December 12, 1979 219/2M-9251 Members of the Common Council City of South Bend 441 County -City Building South Bend, Indiana Re: Lease of Property at Dear Council Members: Michigan and Marion Streets to James Conboy Pursuant to the instructions that I received from you at the caucus on December 3, 1079, I have prepared a lease for the property at the above location, I believe this lease represents a fair and equitable arrangement for both Mr. Conboy and the City of South Bend. Said lease will be submitted to you upon its, execution by the Board of Public Works on Monday, December 17, 1979. truly yours , Patrick M. McMahon, P. E. f I President ; Board of Public Works PP'TPfc : pdc i RESOLUTION NO. A RESOLUTION OF THE COP111ON COUNCIL OF THE CITY OF SOUT11 BEND, INDIANA APPROVING A LEASE BETWEEN THE BOARD OF PUBLIC WORKS AND MICHIGAN-MARION STREET JOINT VENTURE FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF MICHIGAN STREET AND MARION STREET, FROM JANUARY 1, 1980 THROUGH DECEMBER 31, 1984. WHEREAS, the Common Council of the City of South Bend has passed an ordinance stipulating that the Tease of any city -owned real estate to a non -governmental agency entered into by the Board of Public Works shall be submiLLed to Lh(. Common Council for approval, and WHEREAS, the Board of Public Works has enLu-r.ect i.nCo <i lease with Michigan -Marion Street Joint Venture for use of a parcel of land located at the southwest coi'ne=r of Michigan Street and Marion S Lree L , from January l , 1980 through December 31, 1984, which lease ap'reemen t- w.i5 approved by Lhe Board of Public Works on December 17, 1978, a copy of which is attached hereLu. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of Worlcs and Michigan -Marion Street Joint Venture for the parcel of land located at the southwest corner of PTichiga n Street and clarion Street, entered into on December 17, 1979 is hereby approved. SECTION II. This effect from and after approval by the Mayor. Resolution shall be in full force and its adoption by the Common Council and Member -of the Common Council Pa[rlck M. McMahon. P.E. DIf@QIDr, Public Works CI TV of SOUTH PETER J. NEMETtA g E N Mayor CUUNTY•Clr., BUILDING SOUTH BEND, INDIANA 45601 December 12, 1979 Members of the Common Council City of South Bend 441 County -City Building South Bend, Indiana Re Dear Council Members: 219/284-9251 Lease of Property at Michigan and Marion Streets to James Conboy Pursuant to the instructions that I received from you at the caucus on December 3, 1979, I have prepared a lease for the property at the above location, I believe this lease represents a fair and equitable arrangement for both Mr. Conboy and the City of South Bend. Said lease will be submitted to you upon its' execution by the Board of Public Works on Monday, December 17, 1979, V truly yours, o6z, Patrick M, McMahon, P. E. President Board of Public Works Pt-Dfc : Pdc A RESOLUTION RESOLUTION NO. OF THE COP �—� BEND, INDIANA APPROVIN�ON COUNCIL pF THE OF PUBLIC WORKS AND 7•IICII2 A LEASE BETWEEN THEITY gOARD SoOUTH GAr. FOR A PARCEL OF LAND N-MARION STREET JOINT VENTURE OF MICHIGAN STREET ANDOCATED AT THE SOUTHWEST CojtNi:R 1980 THROUGH DECEMBER 31I`IARION 1984 STREET, FROM JANUARY 1, WHEREAS, the Common Council oC the City of South Bond has passed an ordinance stipulat:i.nt that Lty(he if So of Ben Etny city -Owned roil- l �L.,a�e l:o a non-f;overnmont_al into by the Board o.l.- Plibl_i_c Works sliall Igo sul�iui t ,., ;1 Common Council for approval, and WHEREAS, the Board of Public Works I]�1S ezit-� reci into a lease with Michigan --Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street, from January 1, 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COi7NC: i 7. OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of Public Works and Michigan -Marion Street .joint Venture for the parcel of land located at the southwest corner of Plichioan Street and Marion Street, entered into on December is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Mem er or the Common Counci .11 RESOLUTION NO, A RESOLUTION OF ~-----� BEND, INDIANA APPROVITY NGeION COUNCIL OF PUBLIC WORKS AND I•QICHI `� LEASE BETWEENHTHE IBOARD OF OF UTH FOR A PARCEL OF LAND CAN-MARION STREET JOINT VENTURE OF MICHIGAN STREET ANDOCARTO AT THE SOUTHWEST CORNER 1980 THROUGH DECEMBER 31, 1984STREET, FROM JANUARY 1, WHEREAS, the Common Council oC the City of South Bend has passed an ordinance stipulating that r.he lc!zise of any city -Owned real es La Le t:o a non- govcrnmcl� Lal ,t,, into by the Board ol: 1'ul3lic Worlcs shall tie sub„i( LLyrlen ore,: Common Council for approval, and `" WHEREAS, the Board of Public Works has enLered into a lease with Michigan -Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street, from January 1, 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON CnI1Nc: i F. OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of Public Works and Michigan -Marion Street Joint Venture for the Street and Marion Sparcel of land located at the southwest corner of Michiga" treet, entered into on December l7, 1979 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. T1em e-r o the Common Counci J Patrick M. McMahon. Director, Public Works CI Ty Of SOUTH AFTER J. NEMETH g E N D Mayor CUUNre-CITV SUILDING SOUTH BEND, INDIANA 46601 December 12, 1979 Members of the City of South Bend on Council 441 County -City Building South Bend, Indiana Dear Council Members: Re: Lease of Property at Michigan and Marion Pursuant to Streets to James Conboy the caucus oche instructions that 1 1979 1 received from you at for the Property have prepared lease represents at the above location, a lease le e rep fair and equitable arrI believe this submittedtod the City of South Bend. Said for You UPon its' lease Ifil b be Public Works on Monda execution b Y, December 17, 9 the Board of 1979. 219/284_9251 PI'2 c : p dc V truly yours, Patrick M, McMahon, p President E• Board of Public Works A RESOLUTION OF RESOLUTION No. BEND, THE COr' 1ON COUNCIL pg INDIANA APPRpV TivC THE .PUBLIC WORKS AND P4IC1-ITG `� LEASE CITY OF SOUTH FOR A PARCEL pr BETWEEN THE BOARD OF LAND AN-MARTON STREET JOINT VENTURE OF MICHIGAN STREET ANDOCATED AT THIS 1980 THROUGH DECL;t,1BER 3N11ARION STREET, COILNLR 1984 �, FROM JANUARY 1 WHEREAS, the Common Council of the Cit has passed an ordinance stipulatinge le South Bend any city -owned real estate to a non-goernmental agency of any into by the Board of Public Works shall be submintydentered Common Council for approval, and he WHEREAS, the Board of Public Works has entered into a lease with Michigan -Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street, from January l 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December I7, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the lease between the Board of public Works and Michigan -Marion Street Joint Venture for the parcel of land located at the southwest corner of Hichigan Street and Marion Street, entered into on December 17, 1979 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption.&by the approval by the Mayor. Common Counti I a17d Mem er o t e Conunon Coun�. Patrick AA. McMahon. P.E. Director, Public Works CI TP of SOUTH B ETER J. NEMETIJ MayDE N ��uNrv-crry t3U1L DING SOUTH BEND, INDIANA 46601 December. 12, 1979 Members of the Common Council City of South Bend 441 County -City Building South Bend, Indiana Dear Council Members: 2191284.9251 Re: Lease of Property at Michigan and Marion Streets to James Conboy Pursuant to the instructions that I received fro the caucus on December 3, 1079 m you at for the property at the above location,ve PrIbeli a lease represents a fair and I believe this Mr. Conboy and the Cityequitable arrangement for submitted to of South Bend, Said lease will Public Works on Mopnda its execution by the Board of y, December 17, 1979. V )truly Yours®r Patrick M. President McMahon, P. E. PM1c : p d c Board of Public Works ���tJ. -? , J `a s �e r {QQdd{ff DEC 12 1979 CITYGLERX, Squ-1 ai r; iN.D. A RESOLUTION RESOLUTION NO. BEND, INDTANAOr THE COp�40N COUNCIL OF PUBLIC WORKS APpROvzNc A LEASE BETWEEN HT CITY OF _ FOR A P AND MICI-IIGAN_MARION STREET SOUTH OF A PARCEL OF LAND REET JOINT VENTURE AN STREET ANDOCATED AT THE SOUTHWEST 1980 THROUGH DECEMBER MARION STREET, FROM JANUARy�1, �z, 1984. WHEREAS, the Common Council of the City of S has passed an ordinance stipulating that the lease Bend City -owned real estate to a non City agencyof any into by the Board of Public Works shall be submittd to�t1j(. Common Council for approval, and th< WHEREAS, the Board of Public Works has entered into a lease with Michigan -Marion Street of a parcel ofland located at the southwest corner of .7o:int Venture for use Michigan Street and Marion Street, from January 1, 1980 through December 31 approved b ' 1984 which lease agreement was y the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE OF THE CITY OF SOUTH BEND, INDIANA; COMMON COUNCIL SECTION 1. That the lease between the Board of Public Works and Michigan -Marion Street Joint Venture for the parcel of land located at the southwest Street and Marion Street, corner of Michigan entered into on December 17, 1979 is hereby approved. SECTION II. This Resolution shall be in fu11 force and effect from and after its adoption by the Common Council and approval by the Mayor. Mem er o the Common Cou��ci M DEC 12 1979 A RESOLUTION Or THE RESOLUTION NO, COp BEND, INDIANA APPROVTN 11ION COUNCIL OF THE CITY OF SOUTN PUBLIC WORKS AND 14ICHIG A LEASE BETWEEN THE BOARD n�: FOR A PARCEL OF LAND `�N-MARION STREET JOINT VENTURE LOCATED AT THE SOUTHWEST CORNER OF MICHIGAN STREET AND MARION STREET FROM JANUARY 1, 1980 THROUGH DECEMBER 31, 1984. ' WHEREAS, the Common Council of the City of South Bent; has passed an ordinance stipulating that the lease of any city -owned real estate to a non -governmental ag(nicy into by the Board of Public Works shall be submitted Rio tl;� Common Council for approval, and WHEREAS, the Board of Public Works has entered into a lease with Michigan -Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street, from January I, 1980 through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the lease between the Board of Public Works and Michigan -Marion Street Joint Venture for the parcel of land located at the southwest corner of Tlichl.f. n Street and. Marion Street, entered into on December 17, 1979 is hereby approved. SECTION II. This effect from and after approval by the Mayor, r. Resolution shall be in full :force an,', its adoption by the Common Council zir Member of the Common Counci RESOLUTION NO. A RESOLUTION OF THE COP1Z0N COUNCIL OF THE CITY OF SOUTIL BEND, INDIANA APPROVING A LEASE BETWEEN THE BOARD OF PUBLIC WORKS AND MICHIGAN-MARION STREET JOINT VENTURE FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF ICHIGAN STREET 3I, AND �RION STREET, FROM JANUARY 1, WHEREAS, the Common Council of the City Of South Trend has passed an ordinance o a stipulating ernmental agency entered city -owned real estate to a non-g into by the Board of Public Works shall be' submittc d to t h�` Conunon Council for approval, and W1iLREAS, the Board of Pubeet Works has Joint Venturecfur u6" lease with Michigan -Marion Stre 01 of a parcel of land located at the soonhJanuary� It 9$0 Michigan Street and Marion sl11chtlease agreement was 1978 through December 31, 1954> approved by the Board of public hereto. on December 17, P a copy of which is attache NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF TE.F CITY OF SOUTH BEND, INDIANA: L n ry SECTION 1 . That the lease betweenthe Board othj- Lil- Worlcs and Michigan -Mario" Street o 1an parcel of laud located at the 0uti�totonoDecember��17, 197 Street and. rlaioStreet, entered is hereby approved. l force anJ SECTION II. This Resolution Sbalh�eCo�on1Council and effect from its adoption y approval by the Mayor. Mem er ol the Common COL1nCi i PZ)I,,Ck M. McMJho,,, P.E. Oireclor. Public Works CITY of SOUTH BEND PETER J. NEMETH. Mayor CUUNTy CITY 13UILOIfV , 5011V- BENO, INOIANA RGGGI December 3, 1979 Mr. Joseph T. Serge Chairman, Public Works Committee 441 County/City Building South Bend, IN 46601 RE: Sale of Surplus Properties at Michigan and Main Street Dear PIr. Serge: 219/284-9251 In response to your request for additional information pertaining to the proposed sale of certain properties at the Michigan -Main Connector to Mr. James Conboy as a result of his bid to the Board of $72,850, I offer the following. The City of South Bend, as you are aware, had to purchase certain pro- perties in order to clear the way for the construction of the Main - Michigan Connector. While there were a number of property owners affected, the two major transactions took place between the City of South Bend and (7) the Sheraton Hotel's holding corporation, and (2) the owner of the abandoned Freeway Gas Station property. In both cases, the City needed a portion of the lots affected, and had no use for the balance of those lots. 0n the attached sketch you trill find that the lots that were owned by the Sheraton holding corporation are numbered No. 166 and No. 167, the property that had been previously used for the gas station was Lot No. 157 and the north one-half of Lot No. 158. My initial intention was to purchase the gas station property and then "trade" the balance of the gas station property for what I needed from Lots No. 166 and 167. Unfortunately, the owner of Lots No. 166 and 167 refused to "trade" these properties, and the City was forced to purchase the total parcel in all cases. The City of South Bend then advertised the sale of both Parcel 'A' and Parcel 'B' (see map), at $5.50 per square foot, which was the price that I paid to purchase those lots. I assumed that the Town Tower rIA Mr. Joseph T. Serge Page Two December 3, 1979 Corporation would be interested in purchasing both of those lots and incorporating them in with their overall development on that corner. Unfortunately, no one bid the first time that we advertised. The second time that we advertised, the Town Tower Corporation came in and bid on Parcel 'A' only. This left the City of South Bend with Parcel 'B' after having advertised for public sale twice. Per the Ordinance by which we sell City -owned property, if we have received no bids after two advertisements, the City of South Bend is then free to negotiate for the sale of any property. The only request for the purchase of that property has come from Mr. Conboy. (The Town Tower organization is aware that they could submit a negotiated bid as well, but apparently have chosen not to do so.) As a part of the Town Tower development, Parcel 'B' would be indeed a valuable piece of property for which $5.50 per square foot would be justified. As a separate parcel, not associated with the Town Tower development, Parcel 'B' has very limited uses. I say this because of the follow- ing: 1. There is no direct access to or from Parcel 'B' onto either Michigan, Main, Marion or the Connector. 2. Any and all access to and from Parcel 'B' would have to be through some form of a common access agreement developed with an adjacent property owner. 3. Parcel 'B' is of such a shape and size that the development of some form of a new building for commercial or business purposes would not be feasible. The only apparent use for Parcel 'B', if not by the Town Tower Corpora- tion, would be for surface parking. It is for this purpose that Mr. Conboy has offered to purchase the lot. His offering price is $12,850. I would like to note that his total investment after making the necessary improvements for the parking lot, would probably approximate $20,000. I do not believe that this property at this time merits an investment of more than $20,000 in light of the above. It is for this reason that we have favorably recommended this to the Common Council for their considera- tion. If you have any additional questions, please contact me at your earliest convenience. Attachment r� truly yours i-" atrick McMahon, P.E. Director 1r a� a� u� f i v It I� r I Co co n 1 I 1 I _777v O1 �4Z , bJ4 . UU , ana recelvea no DIGS; anu THE CITY PUBLIC L OF LAND N OF PROPERTY OR South Bend, h Bend, known ired for the hed Exhibit d no bids; and -- South Bend, a Bend, under fering price WHEREAS, the Board of Public Works has now received an offer of $12 , 850 .00 for the parcel of property; and WHEREAS, the Board of Public Works has new complied with all requirements of the Municipal_ Code of the City of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at more than one thou$and dollars. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Be--' that: SECTION 1. The Board of Public Works be authorized to negotiate a contract for the sale of Parcel "B. as described o'sL the attached :xhibi_t A SECTION II. This resolution shall be in full force and effect from and after its' adoption by the Common Council and approval by the Mayor. Member of the Common Council - TE RESOLUTION NO, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF A PARCEL OF LAND KNOWN AS PARCEL "B", A RESIDUAL PORTION OF PROPERTY ACQUIRED FOR THE MICHIGAN/MAIN CONNECTOR WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5 has offered for sale a parcel of land known as Parcel "B". a residual portion of property acquired for r.he Michigan/Main Connector, as described in the attached Exhibit A, at an offering price of $42,834,00, and received no bids; and WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5, offered the parcel of Land for sale under credit terms over a period of three years at an offering price of $42,834.00, and received no bids; and WHEREAS, the Board of Public Works has now received an offer of $12,850,00 for the parcel of property; and WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of -the -City of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at more than one thousand dollars. NOV, THEREFORE , BE IT RESOLVED by the Conn -non Council of the City of South Berl' that: SECTION 1. The Board of Public Works be authorized to negotiate a contract for the sale of Parcel "B - as described o-k, the attached :-1xhibi_t A SECTION II. This resolution shall be in full force and effect from and after its' adoption by the Common Council and approval by the .Mayor. Member o the Common Council rID GoncCZ. t¢ A11(2. C, Asphal ` Pa king Lol. f o ,. t x I UJ I 1 \ l r' -o i AB.PNDONE� , + �c FAR EEWA'Yi I I AS STAT10 (fit i� J J f I Gas I ' I I Purr.r s I } I i 7 I ¢918 ncre!cll Pad p6wligffim�® ✓c)Iva� �p lf r. r. Ly `J ,Volva rr'.t 4•'r ivv/ / L9t Fnd --f A , I RESOLUTION NO, A RESOLUTION OF THE COMMON COUNCIL OF THE -CITY OF SOUTH BENT} AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE -OF A PARCEL OF LAND KNOWN AS PARCEL '"B" , A RESIDUAL PORTION OF PROPERTY ACQUIRED FOR THE 114ICHIGAN/MAIN CONNECTOR WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal. Code of the City of South Bend, Chapter 14.5 has offered for sale a parcel of land known as Parcel "B". a residual portion of property acquired for the Michigan/Main Connector, as described in the attached Exhibit A,,at an offering price Of $42,834.00, and .received no bids; and WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 14.5, offered the parcel of land for sale under credit terms over a period of three years at an offering price of $42,834.00, and received no bids; and WHEREAS, the Board of Public Works has now received an offer of $12,850,00 for the parcel of property; and. WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of the City of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at more than one thousand dollars. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION 1. The Board of Public Works be authorized to negotiate a contract for the sale of Parcel "B: as described on the attached Exhibit A SECTION II. This resolution shall be in full force and effect from and after its' adoption by the Common Council and approval by the Mayor. IJ k Member of the Common Council �f-1 f q c. er 12, 1979 Please accept this letter as an offer to purchase the irregular shaped parcel of ground immediately north of the Sheridan Hotel as identified on the attached diagram from the Michigan Marion Street Joint Venture for an offering price of $12,850.00. I realise this price is substantially less than the original appraised value of this parcel of land before the improvements that were completed on behalf of the city of South Bend. As a result of these improvements, the reduced mass of land has eliminated any possible offering price close to the original appraised value. The use of this land would be for parking only. The irregular shape of the land has further diminished the options for utilization for anything but parking. Due to the curvature of the land, what would normally be a standard allowance of square footage per vehicle parked, the existing layout will require substantially greater averages than is normal, with the net result being fewer cars being able to park, on the same amount of square footage than would normally be expected. i thank you for your consideration of this offer to purchase and would appreciate your informing me of any proceedural matters that must be fulfilled prior to consumation of this transaction, should it be approved. JPC/bjw _ 'A`•f•RICIA UoCLERCQ Clerl., Sincerely yours, 3CH--GAN MARION ST-R T JOINT VENTURE A ✓ L �� '4 Jam• _.5� 1/ �` r James P. Conboy, Jr. MICxTG" DIARION STREET JOINT VENTURE 51.3 North :Michigan Street South Bend, Indiana 46601 Pat DeClercq, Secretary Board of Public Works City of South Bend County City Building South Bend, Indiana 46601 Dear Mrs. DeCerlcq, October 12, 1979 Please accept this letter as an offer to purchase the irregular shaped parcel of ground immediately north of the Sheridan Hotel as identified on the attached diagram from the Michigan Marion Street Joint Venture for an offering price of $12,850.00. I realise this price is substantially less than the original appraised value of this parcel of land before the improvements that were completed on behalf of the city of South Bend. As a result of these improvements, the reduced mass of land has eliminated any possible offering price close to the original appraised value. The use of this land would be for parking only. The irregular shape of the land has further diminished the options for utilization for anything but parking. Due to the curvature of the land, what would normally be a standard allowance of square footage per vehicle parked; the existing layout will require substantially greater averages than is normal, with the net result being fewer cars being able to park on the same amount of square footage than would normally be expected. T thank you for your consideration of this offer to purchase and would appreciate your informing me of any proceedural matters that must be fulfilled prior to consumation of this transaction, should it be approved. Sincerely yours, MICH-�GAN MARION STWT JOINT VENTURE J�?[ies P. Conboy, Jr. JPC/bjw"�• ? c ... { ;j Sm,e .f"f POTp RATRICIA De-CLERCQ Cler!- MI0"IGAN NIARION STREET JOINT VENTURE 513 North Michigan Street South Bend, Indiana 46601 Pat DeClercq, Secretary Board of Public Works City of South Bend County City Building South Bend, Indiana 46601 October 12, 1979 Dear Mrs. DeCerlcq, Please accept this letter as an offer to purchase the irregular shaped parcel of ground immediately north of the Sheridan Hotel as identified on the attached diagram from the Michigan Marion Street Joint Venture for an offering price of $12,850.00. I realise this price is substantially less than the original appraised value of this parcel of land before the improvements that were completed on behalf of the city of South Bend. As a result of these improvements, the reduced mass of land has eliminated any possible offering price close to the original appraised value. The use of this land would be for parking only., The irregular shape of the land has further diminished the options for utilization for anything but parking. Due to the curvature of the land, what would normally be a standard allowance of square footage per vehicle parked. the existing layout will require substantially greater averages than is normal, with the net result being fewer cars being able to park on the same amount of square footage than would normally be expected. I thank you for your consideration of this offer to purchase and would appreciate your informing me of any proceedural matters that must be fulfilled prior to consumation of this transaction, should it �.�.•.- be approved. Sincerely yours, 111CKGAN MARION STREET JOINT VENTURE J4mes�P. Conboy, Jr. �.. JPC/bjw PATRICIA 1)0-CLEP%CQ Clerk . A R P --------- -_ Exist. ROW! Dg.B i+ GOnGr2t2 q-q i f o G� o f p u-J ] f I 1 I 4111I1_ /20 C��� I Y, -Li I ,µ 1 � �� �� ; f RW t 91.8 r L1 n f�a �� - o G nr-rC Pad �! Volvo:, Li I 1 j FREEWAY ! 13 �' 'GAS STATIOf I B ,, l i L9i Fnd- , t5 Gonopy lzo ,�� ELL I g.Wnik R Gas E PUrr'rS Ui 335�i�1 - I r � lli i 41 the first day of the renewal year. 3. The Lessor warrants that the Demised Premises are free from all encumbrances, liens or charges which would prohibit Lessee from retaining possession of the Demised Premises or otherwise prevent Lessee from enjoying exclusive, peaceful and quiet possession and use thereof. 4. The Lessee shall have the right to improve the Demised Premises by constructing a parking lot thereon for its use and landscaping the same, all at its own expense, and the Lessee shall keep and maintain the Demised Premises and all improvements and landscaping thereon in good and substantial order and repair and shall keep the Demised Premises reasonably clean and free from rubbish, dirt, snow and ice at all times, all at the Lessee's expense, in a manner reasonably satisfactory to the Lessor. 5 'hr ..;,r warrnn t, that the HOW W Premioer. dre Free From A 1 ionn or aharges which would prohibit Les see from reteinis ,I'rni ;ed Premise, or otherwi e prevent. Lessee from enjoying ;r,(I qu•iet possenion and use thereof. G MMICHIGAN MARION STREET JOINT VENTURE 513 North Michigan Street South Bend, Indiana 46601 Pat DeClercq, Secretary Board of Public Works City of South Bend County City Building South Bend, Indiana 46601 Dear Mrs. DeCerlcq, October 12, 1979 Please accept this letter as an offer to shaped purchase the;lrregular p parcel of ground immediately north of the Sheridan Hotel as Identified on the attached diagram from the Michigan Marion Street Joint Venture �or an offering price of $12,850.00. I realise this price is substantially .less than the original appraised value of this parcel of land before the improvements that were completed on behalf of the city of South Bend. As a result of these improvements, the reduced mass of land has eliminated any possible offering price close to the original appraised value. The use of this land would be for parking only. The irregular shape of the land has further diminished the options for utilization for anything but parking. Due to the curvature of the land, what would normally be a standard allowance of square footage per vehicle parked the existing layout will require substantially greater averages than is normal, with the net result being fewer cars being able to park on the same amount of square footage than would normally be expected. I thank you for your consideration of this offer to purchase and would appreciate your informing me of any proceedural matters that must be fulfilled prior to consumation of this transaction, should it be approved. Sincerely yours, MICHIGAN MARION STREET JOINT VENTURE James P. Conboy, Jr. JPC/bjw a CC: Thomas Brunner Peter Mullen e---PMcMahon T 2 � 1979 Board of PUbiic WorkS TRIO' D ,rLERCC the first day of the renewal ycaE. 3. The Lessor warrants that the Demised Premises are free from all encumbrances, liens or charges which would prohibit Lessee from retaining possession of the Demised prami co- -- .-4•1 JMICHIGAN MARION STREET JOINT "VENTURE 513 North Michigan Street South Bend, Indiana 46601 ! Pat DeClercq, Secretary Board of Public Worke City of South Bend County City Building South Bend, Indiana 46601 i October 12, 1979 f Dear Mrs. DeCerlcq, Please accept this letter as an offer to purchase theirregular shaped parcel 6f ground immediately north of the Sheridan Hotel as identified on the attached diagram from the Michigan Marion Street Joint Venture 4or an offering price of $12,850.00. I realise this price is substantially less than the original appraised value of this parcel of land before the improvements that were completed on behalf of the city of South Bend. As a result of these improvements, the reduced mass of land has eliminated any possible offering price close to the original appraised value. The use of this land would be for parking only. The irregular shape of the land has further diminished the options for utilization for anything but parking. Due to the curvature of the land, what would normally be a standard allowance of square footage per vehicle parked the existing layout will require substantially greater averages than is normal, with the net result being fewer cars being able to park on the same amount of square footage than would normally be expected. I thank you for your consideration of this offer to purchase and would appreciate your informing me of any proceedural matters that must be fulfilled prior to consumation of this transaction, should it be approved. Sincerely yours, MICHIGAN MARION STREET JOINT VENTURE James P. Conboy, Jr. JPC/bjw� 1 1. j CC: Thomas Brunner Peter Mullen ��,- 2 1979 c�cMahon vl.. Board of Public Warns TRIC ' Dl-CLERC(:, 3. The Lessor warrants that the Demised Premises are free from all nn F'm1"n nrnc 1•4nnr -.v+ n1­n nr i ki,k I.,y- 11A--- I;tl;+ I ncrnc+ _F_'M v.n ♦•mini nrS ►a r- � � �� �- �� � � -�+mow w.� '_ -. • �`% � RP 7 r• � �.�.� �� .�. ....�... _ice exist. Row/ \ 02 C1/. ;� Asphal`� doUJ IL I Cl Cl 1 I `� 4111) i +IICi p 4 cl hFt ' �073 �y n "co 4 I I / r ; i Gonopy .,I�� ,I I r •� +ho firci' Ufa'„ nr �{riu .•���.....�. _ Po 6n91 Lod t I ram----.-- , ABf'NDONEq FAS EEWA( I f i 1, �` STATIOf a J � �J I• j GO.S Pu r n'� S I i /I r-rcreoelI Pod �%EF!k] voivab 1 I 1 1 ► 4r. + '1 {' I L91 F'nd 1 I I I - ' I i` RW I I W I �� I , i 1 LEASE AGREEMENT THIS AGREEMENT, made and entered into this 17r-h day of December, 1979, by and between the Board of Public Works of the City of South Bend, Indiana, hereinafter designated as "LESSOR", and Michigan -Marion Street Joint Venture, a joint venture having its principal ofFices in South Bend, Indiana, herein- after designated as "LESSEE". W I T N E S S E T H: In consideration of the mutual covenants hereinafter exchanged, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Lessor does hereby demise and lease to the Lessee that certain real estate located at the Southwest corner of Michigan and Marion Streets in South Bend, Indiana, the legal description of which is as follows: A tract of land located within Lots 157 and 158 as shown on the Original Plat of South Bend, St. Joseph County, Indiana, more particularly described as follows: All of the north one-half of Lot 158-except a triangular tract beginning at the northeast corner of said Lot 158; thence south along the east line of said Lot 158 a distance of 33 feet to the south- east corner of the north one-half of said Lot 158; thence northwesterly to the north line of said Lot 158 and 28 feet west of the northeast corner of said Lot 158, a distance of 43 feet more or less; thence east along the north line a dis- tance of 28 feet to the point of beginning; also a contiguous parcel described as follows: Beginning at the southwest corner of said Lot 157; thence, northeasterly to a point 40.5 feet east and 30.0 feet north of said southwest corner of Lot 157; a distance of 50 feet more or less; thence east and parallel to the south line of Lot 157, a distance of 50.0 feet; thence southeasterly to a point on the south line of said Lot 157 and 28 feet west of the southeast corner of said Lot 157; thence west along the south line of said Lot 157 a distance of 137 feet to the southwest corner of said Lot 157 and the point of beginning, containing 7788 square feet. Said real estate is hereby leased for a term of five (5) years beqinning on the lst day of January, 1980, and ending on the 30th day of December, 1984. Thereafter, the Lessee shall have the option to renew this Lease on a year to year basis upon giving written notice to the Lessor of the Lessee's exercise of such option to renew not later than thirty (30) days prior to the expiration of the original term of this Lease, and for each annual renewal thereafter, upon giving written notice to the Lessor of the Lessee's exercise of such option to renew not later than thirty (30) days prior to the expiration of the renewed term. 2. During the original term of this Lease, the Lessee shall pay the Lessor as rent for the Demised Premises on the first day of each year of this Lease Eight Hundred ($800.00) Dollars per year. If the Lessee exercises option to renew this Lease on a year to year basis as provided in Paragraph No. 1 hereof, the Lessee shall pay the Lessor as rent a sum equal to the total annual property taxes which would be paid on the real estate herein designated if such real estate were held under owner- ship of a private tax paying entity, but in no case shall said payment be less than Eight Hundred ($800.00) Dollars per year. For each year that this Lease is renewed by the Lessee, the Lessee shall pay the amount due the Lessor on the first day of the renewal year. 3. The Lessor warrants that the Demised Premises are free from all encumbrances, 1•iens or charges which would prohibit Lessee from retaining possession of the Demised Premises or otherwise prevent Lessee from enjoying exclusive, peaceful and quiet possession and use thereof. 4. The Lessee shall have the right to improve the Demised Premises by constructing a parking lot thereon for its use and landscaping the same, all at its own expense, and the Lessee shall keep and maintain the Demised Premises and all improvements and landscaping thereon in good and substantial order and repair and shall keep the Demised Premises reasonably clean and free from rubbish, dirt, snow and ice at all times, all at the Lessee's expense, in a manner reasonably satisfactory to the Lessor. 5. The Lessee agrees that the Lessor shall not be responsible or liable to the Lessee, or -to any other person or entity, for any injury or damage to person or property occurring during the term of this Lease on or adjacent to the Demised Premises resulting from any cause whatsoever other than the Sole negligence of the Lessor,, its servants, agents, contractors or employees. The Lessee further agrees to hold the Lessor harmless from any and all claims for damages whatsoever, whether or not there is deemed to be joint or concurrent liability on the part of the Lessor and Lessee or any other party, other than those resulting from the sole negligence of the Lessor, its servants, agents, contractors or employees- G. The Lessee, at its own expense, shall maintain a Certificate of General Liability Insurance naming the City of South Dend as an additional insured on the Certificate, in the following particulars and amounts: Premises -Completed Operations or Products, Bodily Injury and Property Damage, Combined Single Limit - $1,000,000. 7. The Lessor and the Lessee agree that the occurrence of the following events shall constitute acts of default by the Lessee: the failure of the Lessee to pay any installment of rent when the payment is due and payable, or the failure of the Lessee to pay any other charge required by said Lease to be paid by the Lessee, or the failure of the Lessee to perform or observe any other material requirement of this Lease, provided that any such default is not cured within fifteen (15) days after written notice thereof from the Lessor to the Lessee. Upon the happening of any one or more of the aforementioned events of default, and the expiration of the fifteen (15) day period of time prescribed in such notice, the Lessor may give to the Lessee a notice of in- tention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of termination. Thereupon, the Lessor may re-enter said premises, as provided by law, and remove the Lessee or any per- sons occupying the same, without prejudice to any remedies which might other- wise be used for arrears of rent, and this Lease shall be deemed to be terminated from and after the expiration of said five (5) day period if such default has not theretofore been cured. 8. The Lessee shall have the right to sublet the Demised Premises or assign this Lease, but any such subletting or assignment shall in no way relieve or discharge the Lessee from any obligations contained in this Lease. 9. Lessor and Lessee each shall have the right to terminate this Lease for whatever reason during the original five (5) year term of this Lease, upon written notice to the other party no less than ninety (90) days prior to the proposed date for termination. If the Lessee terminates this Lease for what- ever reason, all improvements made to the property by the Lessee shall be forfeited to the Lessor. If Lessor terminates this Lease for whatever reason during the original five (5) year term of this Lease, the Lessor shall pay the Lessee for improvements made to the property by the lessee in accordance with the following schedule: At or before the end of Year One - Four -fifths (4/5) of the value of the improvements. At or before the end of Year Two - Three -fifths (3/5) of the value of the improvements. At or before the end of Year Three - Two -fifths (2/5) of the value of the improvements. At or before the end of Year Four - Oimprovements. Duringof the value During Year Five - No expense to Lessor After the expiration of the original five (5) year term of this Lease, Lessor may terminate this Lease in order to utilize the premises for a public purpose or to sell, lease or otherwise dispose of the premises to a third party upon written notice to the Lessee no less than ninety (90) days prior to the pro - written for posed date for termination, and Lessor shall not be liable or re paying Lessee any amount for improvements or other damages or expenses in the event of such termination. The Lessee shall have a right of first refusal with respect to any bona fide offer from a third party to purchase or lease said premises. Lessee shall have thirty (30) days after written notice of the existence of such offer with which to exercise its right of first refusal. -2- 5. The Lessee agrees that the Lessor shall not be responsible or liable to the Lessee, or -to any other person or entity, for any injury or damage to person or property occurring during the term of this Lease on or adjacent to the Demised Premises resulting from any cause whatsoever other than the sole negligence of the Lessor, its servants, agents, contractors or employees. The Lessee further agrees to hold the Lessor harmless from any and all claims for damages whatsoever, whether or not there is deemed to be joint or concurrent liability on the part of the Lessor and Lessee or any other party, other than those resulting from the sole negligence of the Lessor, its servants, agents, contractors or employees. 6. The Lessee, at its own expense, shall maintain a Certificate of General Liability Insurance naming the City of South Dend as an additional insured on the Certificate, in the following particulars and amounts: Premises -Completed Operations or Products, Bodily Injury and Property Damage, Combined Single Limit - $1,000,000. 7. The Lessor and the Lessee agree that the occurrence of the following events shall constitute acts of default by the Lessee: the failure of the Lessee to pay any installment of rent when the payment is due and payable, or the failure of the Lessee to pay any other charge required by said Lease to be paid by the Lessee, or the i:ailure of the Lessee to perform or observe any other material requirement of this Lease, provided that any such default is not cured within fifteen (15) days after written notice thereof from the Lessor to the Lessee. Upon the happening of any one or more of the aforementioned events of default, and the expiration of the fifteen (15) day period of time prescribed in such notice, the Lessor may give to the Lessee a notice of in- tention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of termination. Thereupon, the Lessor may re-enter said premises, as provided by law, and remove the Lessee or any per- sons occupying the same, without prejudice to any remedies which might other- wise be used for arrears of rent, and this Lease shall be deemed to be terminated from and after the expiration of said five (5) day period if such default has not theretofore been cured. 8. The Lessee shall have the right to sublet the Demised Premises or assign this Lease, but any such subletting or assignment shall in no way relieve or discharge the Lessee from any obligations contained in this Lease. 9. Lessor and Lessee each shall have the right to terminate this Lease for whatever reason during the original five (5) year term of this Lease, upon written notice to the other party no less than ninety (90) days prior to the proposed date for termination. If the Lessee terminates this Lease for what- ever reason, all improvements made to the property by the Lessee shall be forfeited to the Lessor. If Lessor terminates this Lease for whatever reason during the original five (5) year term of this Lease, the Lessor shall pay the Lessee for improvements made to the property by the Lessee in accordance with the following schedule: At or before the end of Year One - Four -fifths (4/5) of the value of the improvements. At or before the end of Year Two - Three -fifths (3/5) of the value of the improvements. At or before the end of Year Three - Two -fifths (2/5) of the value of the improvements. At or before the end of Year Four - One -fifth (1/5) of the value of the improvements. During Year Five - No expense to Lessor After the expiration of the original five (5) year term of this Lease, Lessor may terminate this Lease in order to utilize the premises for a public purpose or to sell, lease or otherwise dispose of the premises to a third party upon written notice to the Lessee no less than ninety (90) days prior to the pro- posed date for termination, and Lessor shall not be liable or responsible for paying Lessee any amount for improvements or other damages or expenses in the event of such termination. The Lessee shall have a right of first refusal with respect to any bona fide offer from a third party to purchase or lease said premises. Lessee shall have thirty (30) days after written notice of the existence of such offer with which to exercise its right of first refusal. -2- 10. The Lessee acknowledges that there will be no direct access granted 4o said real estate from either Michigan or Marion Streets. 77. Upon the termination of this Lease, the Lessee shall promptly yie;c up thce Demised Premises to the Lessor. 72. The terms, conditions, covenants, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 73. All notices required under this Lease shall be deemed to be properly served if sent by registered or certified mail to the last address previously furnished by the parties hereto, and the date of service of such notice shall be the date such notice is deposited in a post office of the United States Post Office.Deoartment. Until hereafter changed by the parties by notice in writing, notices small be sent to the Lessor at the County -City Building, South Bend, Indiana �,6601 , attention: Board of Public Works of the City of South Bend, and to the Lessee at 513 North Michigan Street, South Bend, Indiana 46601, Atten- tion: ,Ir. James P. Conboy, Jr. 14. This Lease sets forth the entire understanding of the parties here- to, chc:.e being no oral or other agreements or understandings between them affecting this Lease, and supersedes all previous agreements between the parties. No mod;,fication, amendment, waiver or release of any provisions of this Lease or of any right, obligation, claim or cause of action arising hereunder shall be valiG or binding for any purpose whatsoever unless in writing and duly ex- ecuted uy the party against whom the same is sought to be asserted. The parties hereto have caused this Lease Agreement to be executed and deliverer at South Bend, Indiana, effective as of the date first written above. BOARD OF PUBLIC WORKS OF THE (LESSOR) MICHLGAN-MARION STREET JOINT VENTURE James Conboy, Jr. Its AnOkincj Joint en r uonn Nener,,, rm.u-. A Joi t Venturer Attest: 1 M v,---� Thomas L. Nate A Joint Venturer y STATE OF INDIANA ) )) 5S: ST. JOSEPH COUNTY Before me personally appeared Patrick M. McMahon, Thomas J. and Peter H. Mullen, who are known to me to be all of 'the members of this uoard of Public Works of the City of South Bend, Indiana, and acknowledged the execu- tion of the 1-oregoing instrument as their voluntary act and deed 'for the purposes therein expressed and that they are authorized to do so on behalf n-f the Board of Public Works of the City of South Bend, Indiana. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal, this 17th day of December, 1979. /--� My Commission Expires: January 22, 1983 STATE OF INDIANA SS: ST. JOSEPH COUNTY ) David,A. Wei Is, Notary Pub'iis and -a resident of St. Joseph County. Before me, the undersigned, a Notary Public in and for said County and State, personally appeared James P. Conboy, Jr., John L. Neher, A.D., and Thomas L. Nate, partners in Michigan -Marion Street Joint Venture, and ackno4v- ledged the execution of the foregoing instrument as their voluntary act �jnd deed for the purposes therein expressed and that they are authorized to L?o so. IN WITNESS WHEREOF, I have hereunto subscribed my iiame and official seal, this 17th day of December, 1979. /- � My Commission Expires:--- David A. We11 s, Notary Publ is ?anuary 22, 1983 resident of St. Joseph County. ' at Law - City This instrument was prepared by James Masters, Attorney Office. -4-