HomeMy WebLinkAbout#2950- Deed; WARRANTY DEED Parcel “A” Beginning At SE Corner Of Lot 166 Then W Along S Line Of Lot 166 For 122’ Then NE To A Point On The North Line Of Lot 166 And 69’ W Of The NE Corner Of Lot 166 (part 1)2950 [50
Warranty Deed
From: Civil City of South Bend
To: Town Tower Motel Corporation
Description:
Parcel "A" Beginning At SE Corner Of
Lot 166 Then W Along S Line Of Lot
166 For 122' Then NE To A Point On
The North Line Of Lot 166 And 69' W
Of The NE Corner Of Lot 166 For 84.5"
Then NE To A Point On The E Line Of
Lot 167 And 58' To SE Corner Of Lot
167 Then S Along The E Line Of Lot ;
166 For 66' To SE Corner Of Lot 166 To
Point Of Beginning For 8304 Sq Feet
Total. S
Parcel "B" All Of The N %2 Of Lot 158 -
Except A Triangular Tract Beginning At
NE Corner Of Lot 158 Then S Along E
Line Of Lot 158 For 33' To SE Corner
Of N '/z Of Lot 159 Then NW To N Line
Of Lot 159 And 28' W Of NE Corner Of
Lot 158 For 43' Then E Along N Line A
Distance Of 29' To Point Of Beginning;
Also A Contiguous Parcel Beginning At
SW Corner Of Lot 157 For 50' Then SE
To S Line Of Lot 157 And 28' W Of SE
Corner Of Said Lot 157 Then W Along
The S Line Of Lot 157 For 137' To SW
Corner Of Lot 157 And The Point Of
Beginning Containing 7788 Sq Feet Total
r[JRC =.ASE AGREEMENT
THIS A-GREEMENT, e- =ered into
1997, b and b �.. this day a� Y e_we�n r=r' ccn Home D r -----
referred tO a5 the "Dev=_O pr n Drea as, In`., her2� T:arte=
a municipal corporation: -p� and the Civil C_ty of South Bend,
referred to as the "Cit�c; the State of Indiana, hereinafter
WITNESSETH:
WHEREAS, I.C. 36-1-it-4.2 allows the City
not acquired through emir 1 to sell property
ent domain for the purpose of promoting
an economic development project or facilitating compatible land
use planning; and
WHEREAS, the Board of Public Works (hereinafter referred to
as the "Board"), is empowered to carry out the provisions of said
statute; and
WHEREAS, the City has offered to sell and the Developer is
willing to buy the property described in Exhibit A (Property)
Which is made a part of this agreement and to redevelop the
Property according to this agreement (Agreement); and
WHEREAS, the City believes that developing 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, it is agreed by and between the parties
hereto, and for and in consideration of the promises and the
mutual covenants herein contained, 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 One Thousand Nine Hundred Dollars Price), to be paid in cash or by certi($1,900.00)(Purchase
fied check when the deed
conveying the property to the Developer is delivered.
SECTION II. CONVEYANCE OF PROPERTY.
the
A. Form of Deed. Subject to the terms of this Agreement,
quitCclaimity
shall convey
n ey to the Developer title to the Property by
B. Time and Place of Closin r on Sa?e of the Property.
Subject to the terms and conditions r;
City shall deliver the Deed and t.._s Agreement, the
possessiC. of the Property to the
Developer on or before __cril 1, 1997. Conveyance shall be made
at t_r_? principal office cf the South Bend City Attorney. The
Developer shall accep: t :e convevance and pay the Durc:.ase Price
tc the Cit.: a: t__.._ and place.
C. Apcorticnmen_ 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.
If the amount of current taxes on the Property cannot be
determined on the closing date, the apportionment between the
City and the Developer shall be based on the amount of the most
recently ascertainable taxes on the Property. Such apportionment
shall be subject to the final adjustment within thirty (30) days
after the date on which the actual amount of the current taxes is
determined.
D. Recordation of Deed. The Developer shall promptly
record the Deed in the St. Joseph County Recorder's Office and
shall pay the costs for recording the Deed.
SECTION III. NATURE OF IMPROVEMENTS; TIME FOR COMMENCEMENT AND
COMPLETION.
A. Nature of Im rovements. The Construction of
improvements on the Property (Project) shall be substantially of
the same size, scope and nature as proposed by the Developer in
its proposal to the Department of Community and Economic
Development. In accepting Developer's proposal, representatives
of the Department relied upon all representations, descriptions,
discussions, drawings and other representations by the Developer
of the Project. The City relies upon these matters as*well.
Developer agrees to use the Property as a homesite for a single-
family home. The size of the home shall be 1,500 to 1900 square
feet. The home shall be constructed in a style consistent with
other homes in the area and with a front setback of no more than
thirty (30) feet. A garage shall be included with driveway
access from the rear alley.
If needed, the City and its agents, through the Board of
Public Works, shall utilize its best efforts to commence and
continue to completion infrastructure improvements located
therein. Improvements are limited to the removal, repair,
replacement, construction, or installation of curbs, sidewalks,
and sewer and water lines within the public right-of-way where
these currently exist. The completion off improvements are
subject to the appropriation of Community Development Block Grant
funding by the Ur_ited States Department of Housing and Urban
Development. The i provements shall be ccmpleted pursuant to
notice and procedures allowed by law and, in a time mutually
agreed to by the parties.
B. Time for Cons --ruction. Constru-Et c < cf the Pro'
ec: cn
'fte Property s a'-1 begs.. by June 1, 1997 and shall. qual_fy ==r
the award of a certificate of occupanc,v from the Building
Department of t;:e Cite of South Bend, Indiana, within six (o)
months of the date of beginning.
SECTION IV. 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 specifically provided in the Agreement, shall be
binding for the benefit of and shall be enforceable by:
1. the City;
2. its successors and assigns;
3. any successors in interest to the Property;
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 in subsection IV(A)
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 shall be deemed
beneficiaries of the covenants in this Section.
The Deed shall state that the covenants shall run in favor of
the City for the entire period the covenants shall be in force
and effect, regardless of whether the C'-y has at any time been,
or is the owner cf anv land or interest an_v land in favor of
which such covenants relate.
If the above covenants are breached, Y::e City shall have all of
,he rig its and. remedies to which they or any other beneficiary of
the covenant may be e: _i zled.
SECTION V. P I?I:Tv�iS AGZINST ASSIGN �Eni? 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 develop;,ient 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;
the qualifications and identity of the Developer and the parties
in control of the Developer 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
completion of the Project 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
Ilehalf and to bind them with respect to=.
C. Prohibition Against Transfer of Property or _Assignment of
Agreement. The Developer represents and agrees for itself, its
successors and assigns, that except for security for obtaining
financing needsto e-_a"'e the Developer to make the inprovemer.ts
under th::s Agreement; and except for anv other purpose authorized
by this Agreement, the --evelop=r has r_ct ma e or will not -al:e
prior to the ccmpleticn of construction on t;.e site:
(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 sale of the property to the
individual(s) who intend to reside there.
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.
SECTION VI. 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 (cr successor), upon
written notice from the other, shall proceed immediately to cure
or remedy such default 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 aggrieve: party may institute proceedings
necessary or desirable in its opinion tc c•dre and remedy the
default or breach, ins=;ding, but not lim_ted to, proceedings to
compel specific performance by the party in default or breach of
its obliga:ions.
B. Terr--:ati^ '--y -e eIccer Prior to ionve•-ia..ce.
1. if the C]="v does no: tender conveyance or possession cf the
Property in the _Wanner and condition and by the date provided in
the Agreement, and any such failure is not cured within thirty
(30) days after the daze of written demand by the Developer, the
Agreement shall be terminated at the option of the Developer, by
written notice to the Cty and 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 of the Developer
with respect to the identity of the parties in control
of the Developer or the degree thereof; or
b. the Developer does not pay the Purchase Price and take
title to the Property upon tender cf conveyance by the City
pursuant to the Agreement,
and if any default or failure referred to in subdivisions (a) cr
(b) of this Section shall not be cured within thirty (30) days
after the date of written demand by the City, then the Agreement
and any rights of the D_veloper or any successor in interest in
or from the Agreement and the Property shall, at the ozzion c f
t::e City, be terminal_:. Neither the Developer (or success;�,r in
interest) nor t'-e City . `all have any further rights a.,air_st or
liability to the cther under the Agreement.
D. Revesting Title in City upon Happening of Event Subsequent
to Conveyance to Developer.
1. If subsequent to conveying any part of the Property to the
Developer and prior to completion of the Project as certified by
the City:
a. 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
b. the 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 rbmoved 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
C. 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 V,
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 ct_er provisions of the
Agreement, is tna�: the conveyance of the Property to the
Developer shall be made upon, and that to Deed shall contain, a
condition subsequent to the effect that :he event of any default,
failure, violation, or cther action or inaction by the Developer
specified in this par;;,=aph D the Developer's failure to remedy,
cr abrogate such failure, violari on, or other
action or lnac.t_on, w_ = _in C :? p-=r-od and in uhe manner stared in
such s;:bdivisicr_s, the City at its eption may declare a
termination in favor of the Cite of the title, and of all the
rights and interest in and to the Property conveyed by the Deed
to the Developer, and t_at 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:
a. 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
b. 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.
E. Extension by City. At any time the City may, in its sole
discretion, extend in writing the date by which the construction
of the improvements shall be completed.
F. Sale of Reacquired Property; Disposition of Proceeds.
Upon the revesting in the City of title to the Property or any
part thereof 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 and of
the Plan to a qualified and responsible party or parties (as
determined 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 with the 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, on its own behalf or on
behalf of the City, for all costs and expenses incurred by
the City, including but not limited to:
a. salaries or 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 =rcoerty or part thereof in connecticn with
recapture
s"ch management or resale;
u all _axes,
=ssessmc'I_J, and.. Neater and sewer ch:ar'ves
w-th respec_
to tI- 'roperty or Far_ thereof, or, in
the event
te Property is exempt from taxation or
assessment
or such charges during the period of
ownership
t ereof by the City, an amount, if paid,
equal to such
taxes, assessments, or charges, as
determined
:,y 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.
G. Other Rights 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 VI. This would include the right to
execute and record or file among the publwc land records in the
office in which the Deed is recorded a written declaration of the
termination of all the right, �_tle, ana interest of the
Developer, and (except for such individ'_-al parts upon which
construction has been completed unc:r t o Agreement, and subject
to such mortgage !_'ens _nd 1_aseho?d in:erescs as provided in
Sec -lion VT, carayrap.. `.e_-eof j l--s successcrS _n i mere_ _ an
_gns, i. _..e _ _spa_-_', c' t? e reVesL:.. _' Cle �.. %._e C? -'_!.
r:_i delay = y Eh-_ -_ -i 1n In S I _L i1 , or _ _� sec u__ng any su
ac-icns or prcce_d_'� g z_ other ise asse_zir.g I_ :s righ :.:der
th_s Section X s_11 no- operate as a waiver cf such rights or to
deprive it of cr such rights in any way. This provision
intends that the City s:_ould not be constrained, so as to avoid
the risk of being depr_ved of or limited in t::e exercise of the
re?red_i provided in this paragraph because of concepts of waiver,
lathes, 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 stall 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.
H. Enforced Delay in Performance_ for Causes Beyond Control of
Party. For the purposes of any of the 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.
1. Riahts and Remedies Cumulative. ^e rights and remedies of
"'-e parties to tie Agreement, whether orcvided by law or by the
Agreement, shall be cum -dative. The exercise by ei:ner party of
any one or more cf such remedies shall n�- preclude the exercise,
at t o same or different times, of any cther such remedies for
the same defaulc or breach or of any of its remedies for env
O-Rer default c_" t-rea:;_. 'may other party. NC waiver -made b;/
e__..er S`:ch pa_-;: w_t-e-speCt to t e Ce-�ormance, manner or :_:Me
c_ any c rd�
ts -w-: of 1 J ga z_on un :=- the Agreement s..all oe cons i dere.-' a
wa-ver of a::y rights o= the party making the ',r__ver with _espec:
to that particular obligation of the otter party or condition to
its cwn obligation befcnd those expressly waived in writing and
to the extent thereof, cr a waiver of any respect in regard to
any other rights o= the _party making the waiver or any other
obligations of tale other party.
J. Party in Positicn of Surety With Respect to Obligations.
The Developer, for itself, its successors and assigns, and for
ali 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 all 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.
SECTION VII. MISCELLANEOUS.
A. Conflict of Interest; City Representatives Not Individually
Liable. No member, official, or employee of the City shall have
any personal interest, direct or indirect, in the Agreement, nor
shall any such member, official, or employee participate in any
decision relating to the Agreement which affects his personal
interests or the interests of any for -profit corporation,
partnership, or association in which he/she is, directly or
indirectly, interested. No member, official, or employee of the
City shall be personally liable to the Developer, or any
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 SL. Joseph County Recorder -Immediately subsecFaent
to _ts execution.
D. EQual Empi , me Cepertu,^.it The Developer, for itself
and its successcrs and assigns, agrees th at during the
construction cf c e Prc�- ct the Develcoer wil_ not discriminate
?gal^.st a ly empl vee or applicant for =_?'.�' - - b a � = A
_O_J'i _ ca'.;S c _ -ace,
r eiig o-, _sex ra"ir' 7 o : n
B. Lcvisi c-s N:ct arced ri`th Deed. ticre =
t,^e Agreement are
Deed transferring
Developer or any
not be deemed to
the Agreement.
inter -'ed
title to
successor
affect or
to or shall be merge
the Properc,✓ from the
in interest, and any
impair the provisions
t__e p=v, lions of
d by reason of any
City to the
such Deed shall
and covenants of
F. Titles of Articles and Sections. FZy 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:
American Home Dreams, Inc.
4201 St. Andrews Circle
Suite 1D
Mishawaka, Indiana 46545
ATTN: Ricardo Milton; and
in the case of the City is addressed to or delivered
personally to the Office of the City Attorney at 1400
County -City Building, 227 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.
IN WITNESS WHEREOF, the Parties hereb_.; execute this Agreement
on the date first written above.
CITY OF SOUTH REND
30.E RD CF PUELIC WORKS
Cari r 1
James R. Caldwell
AST: M. Catherine Roemer
Angela . Jacob, Clerk
AMERI CAN HOME DREAMS, INC.
Its:
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Refore me, the undersigned, a Notary Public in and for said
County and S te, p r onally peared the City
of Indiana, by -C South Bend,
comprexecution
its Board of Publ Works, and acknowled ed the
execution of the for Contract for Sale of Land for Private
Development.
IN WITNESS WHEREOF, I have
affixed my official seal on
My City Expires:
/-/D -qr
hereunto Sob cribed my na*:ie and
i, (!C/?, 19
Notar pub-,- -----------
Residing St. Joseph County, IN
STATE OF INDIANA )
)SS:
ST . JOSE'PH COUNTY )
Before me, the undersigned, a Notary Pub G in and for sa .d
County and State, personally appeared n�_UUL _ 0� , mu,Al�
and acknowledged the execution of the foregoing
Contract for Sale of Land for Private Development.
IN WITNESS WHEREOF, I have reunt subscribed my name and
affixed my official seal on IC
, 19 q 7
ri(\,%, 0 aA _> ck�i'l /) b
Nota Public
Residing in St.Joseph County, IN
My Commission Expires:
_P0 —qf
This document was prepared by Anne Bruneel, Chief Assistant City
Attorney, 1400 County -City Building, South Bend, Indiana 46601
STATE OF INDIANA )
) SS :
ST. JOSE'PH COUNTY )
Before me, the undersigned, a Notary Pubeic, in and for said
County and State, personally appeared t(Z't/L6t6- rt
and acknowledged the execution of the foregoing
Contract for Sale of Land for Private Development.
IN WITNESS WHEREOF, I have reunt subscribed my name and
affixed my official seal on ID 19 2 7
nr\9,
12
Nota Public
Residing in St.Joseph County, IN
My Commission Expires:
/_"o_?f
This document was prepared by Anne Bruneel, Chief Assistant City
Attorney, 1400 County -City Building, South Bend, Indiana 46601
Addendum to Purchase Agreement
Between the City and American Home Dreams, Inc.
THIS ADDENDUM, entered into as of the loth day of March,
1997, between the City of South Bend and American Home Dreams,
Inc.,
WITNESSETH:
In consideration of the mutual covenants herein contained,
it is agreed that the purchase agreement entered into herewith
shall be amended as follows:
1. section I shall be amended to read as follows:
SECTION I. SALE, PURCHASE PRICE.
Subject to all of the terms of the Agreement, the City
agrees to sell and the Developer agrees to purchase the Property
for One Thousand Nine Hundred Dollars ($1,900.00) (Purchase
Price), to be paid in cash or by certified check when the deed
conveying the property is delivered.
The parties hereby acknowledge that AHD, Inc., is awaiting a
501(C)(3) determination letter from the Internal Revenue Service,
and that approval, once received, will be retroactive to the date
that AHD, Inc. initially filed for recognition of its exempt
status. The parties further acknowledge that the provisions of
I.C. 36-1-11 relating to the transfer of city -owned property do
not apply to transfers made to nonprofit corporations exempt from
federal income taxation under Section 501 of the Internal Revenue
Code. Accordingly, the parties hereby agree that the City will
refund the purchase price paid at such time that AHD, Inc.,
receives the aforementioned determination letter.
IN WITNESS WHEREOF, the undersigned have caused this
addendum to be executed for and on their behalf on the day and
year first written.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Ca 1 t r 1
James R..CCa"l'dwell
M. Catherine Roemer
AT E T:
Angela k1 Jacob, C erk
AMERICAN HOME DREAMS, INC.
BY
Its: *
STATE OF INDIANA
)SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said
County and S te, pe s�onal appeared the City of Sout Bend, ,
Indiana, by d�
comprising its Board of Pub i Works, and acknowledged the
execution of the foregoing Contract for Sale of Land for Private
Development.
IN WITNESS WHEREOF, I
affixed my official seal on
My Commission Expires:
( 0 -q-?
have hereunto subscribed my name and
/1`\Gz I C� . l c 9-2 1
0 tE-
Notary ublic
Residing in St. Joseph County, IN
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notar��yj Public in and for said
County and State, personally appeared � t LAALC,p Q -
and acknowledged the execution of the foregoing
Contract for Sale of Land for Private Development.
IN WITNESS WHEREOF, I have hereunto subscribed m name and
affixed my official seal on 10 , 19 � 7
6!a�
Notary ' -Public
- - - --
Residing in St.Joseph County,'IN
1
My Commission Expires:
1 " [ � -q6'
This document was prepared by Anne Bruneel, Chief Assistant City
Attorney, 1400 County --City Building, South Bend, Indiana 46601
Lam.. 1.41,, i- T
Key No: 18 7013 0499
Lot Numbered Three Hundred Twenty-nine (329) as shown on the
recorded Plat of Wenger & Kreighbaum's First Broadway Addition,
recorded in the Office of the Recorder of St. Joseph County,
Indiana, in Plat Book 9, page 74. Commonly known as 313
Broadway.
Parcel 2
Key No: 18 7013 0500
Lot Numbered Three Hundred Thirty (330) as shown on the recorded
Plat of Wenger & Kreighbaum's First Broadway Addition, recorded
in the Office of the Recorder of St. Joseph County, Indiana, in
Plat Book 9, page 74. Commonly known as 317 Broadway.
MAIL DEED TO: MAIL TAX BILLS TO:
!� 1
American Home Dreams, Inc.
QUIT -CLAIM DEED
car, '"NT
lr. ..pH numTY. INOIAHA
BAN Ae.a CIATIaN
Map, lHTY roxN 107 — 1974
AUDITOR'S RECORD
Transfer No,
Taxing Unit
Date
Key No. 18-7013-0499
City of South Bend, Indiana 18-7013-0500
the Grantor
Release sand Quit -Claim s tO American Home Dreams, Inc.
the Grantee
for and inconsideration of Ten Dollars ($10 .00) and other good and valuable
consideration
the receipt of which is hereby acknowledged, Real Estate in St. Joseph
in the State of Indiana , described as follows:
Lot Numbered Three Hundred Twenty-nine (329) as shown on
the recorded Plat of Wenger & Kreighbaum's First Broadway
Addition, recorded in the Office of the Recorder of St.
Joseph County, Indiana, in Plat Book 9, page 74. Key No.
18-7013-0499. Commonly known as 313 Broadway;
and
Lot Numbered Three Hundred Thirty (330) as shown on the
recorded Plat of Wenger & Kreighbaum's First Broadway
Addition, recorded in the Office of the Recorder of St.
Joseph County, Indiana, in Plat Book 9, page 74. Key No.
18-7013-0500. Commonly known as 317 Broadway.
Signed and dated on
State of Indiana , St. Joseph County, ss:
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared:
Stephen J. Luecke and Loretta J. Duda,
Mayor and City Clerk, respectively,
of the City of South Bend, Indiana
and acknowledged the eiecution of the foregoing deed on
March 11 ,19 97
Notary Public
Signature
Tamara M. Gore
Typed or printed name
ignatur
Stephen J. Luecke
Typed or printed name
M
L
Ignature
tta_-11 Du a
Typed or ptL&W name
Signature
Typed or printed name
Signature
County,
My commission expires
December 18, 2000'
Typed or printed name
Prepared by Anne P.. Brunead, Chief Assi_a 1400
Bldg., South Bend,, IN 46601 AttarneyatLaw
LEGAL DEPARTMENT
INTEROFFICE MEMORANDUM
TO: STEVEN J. LUECKE DATE: March 10, 1997
MAYOR
LORETTA DUDA
CITY CLERK
FROM: ANNE E. BRUNE
CHIEF ASSISTANT CITY ATTORNEY
RE: DEED FOR 313 AND 317 BROADWAY
Attached please find a quit -claim deed which will convey 313
and 317 Broadway to American Home Dreams, Inc., which will use
these parcels for the construction of a single family home.
Please let me know if you have any questions or comments.
Thank you
and acknowledged the execution of the foregoing deed on
March 11 97
rs .
v 1
Signature , Notary Public
Tamara M. Gore
Typed or printed name
My commission expires December 18, 2000
tta- Du�a
Typed or pcij d name
Signature
Typed or pri Ned Hama
SiBrtature
Prepared by An n e F. R r u n cI CL _ C h�
Bldg., South Bend, IN 46601
TIPed or printed name ��_
_ City Afi+r.r..._ 14l1n
at Law Cc71�nt„_n: L__