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Department of
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1 65
Memorandum
Tuesday, November 12, 2013
TO: Redevelopment Commission
FROM: Jitin Kain 4k.
SUBJECT: Option Agreement with St. Joseph County Public Library
The attached Option Agreement is between the Redevelopment Commission and the St. Joseph
County Public Library for Commission owned property in the South Bend Central Development Area
commonly known as the " Baers Lot ". The Baers Lot is a collection of 6 individual parcels that are
located between Michigan Street and Main Streets, adjacent to the St. Joseph County Library's Main
branch in Downtown South Bend. The lots are currently used as surface parking by the Library and
Downtown South Bend, Inc. (DTSB) for daily parkers.
The St. Joseph County Public Library wishes to enter into an option agreement with the Commission
for a term of 5 years to enable them to purchase the property for the purpose of an expansion of the
Main Branch. The Library expects to build a new facility at this location in about 5 -7 years. The
Library has also identified the need for drainage improvements to the Commission owned surface
parking lots which are expected to cost $52,534.00.
The Redevelopment Commission and St. Joseph Public Library have both initiated appraisals for the
property and the average of five appraisals is $163,200.00 which is set as the sale price. The Option
Agreement states that the Library will make the drainage improvements to the Commission lots at
their expense but this amount will be applied as a reduction to the sale price of the lots, should the
Library chose to exercise the Option in 5 years and purchase the lots from the Commission. The
Library has also agreed to maintain the DTSB parkers in the Commission lot for the duration of the
Option.
Staff requests approval of the attached Option Agreement with the St. Joseph County Public Library
for a term of 5 years.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574- 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV
OPTION AGREEMENT
THIS OPTION AGREEMENT (the "Agreement "), entered into as of November 14,
2013 (the "Effective Date "), by and between the City of South Bend Redevelopment Commission
( "Seller ") and the St. Joseph County Public Library ( "Buyer ").
FOR AND IN CONSIDERATION of Fifty Two Thousand Five Hundred Thirty Four
Dollars ($52,534.00) ( "Option Payment ") and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Seller irrevocably grants to Buyer or its assigns,
the first and exclusive option (the "Option ") to purchase, in accordance with the terms and
conditions hereinafter contained, the real estate located in St. Joseph County, Indiana and more
particularly described in Paragraph 1 below, together with all easements, rights and appurtenances
attached thereto and all improvements thereon (all of which is hereinafter referred to as the "Real
Estate "), for the amount specified in Paragraph 2 below (the "Purchase Price ").
1. The Real Estate. The Real Estate consists of the approximately 1 acre of land
depicted and/or generally described on Exhibit "A" attached hereto and incorporated herein.
2. Purchase Price.
(a) The Purchase Price shall be the sum of One Hundred Sixty Three Thousand Two
Hundred and 00 /100 Dollars ($163,200.00).
(b) Upon closing, the Option Payment shall be applied as a credit to the Purchase Price.
The balance of the Purchase Price shall be paid in cash to Seller from Buyer at
closing.
(c) Except as provided herein, payment of the Purchase Price by Buyer shall relieve
Buyer and its successors or assigns from the obligation to pay any additional sums,
including, but not limited to, costs of relocating Seller and Seller's tenants to an
alternate site.
(d) If the Buyer does not exercise the Option, the Option Payment shall be retained by
Seller as full and final consideration for the this Option Agreement.
3. Term. Buyer's right to exercise the Option shall commence on the Effective Date
hereof and shall expire on December 31, 2018 ( "Expiration Date "), such period constituting the
"Approvals Period." Notwithstanding the foregoing, Buyer and Seller may agree in writing to
maintain the Option in effect beyond the Expiration Date ( "Extension Period "). The Approvals
Period and such Extension Period are referred to herein as the "Option Period ". In the event that
Buyer and Seller do not agree in writing to maintain the Option in effect beyond the Expiration
Date, then this Agreement and the Option granted hereby will be considered terminated and each
party hereto shall be released from any duty hereunder except as otherwise provided herein.
4. Exercise. The Option shall be deemed duly exercised only if on or before the
expiration of the Option Period Buyer has given Seller written notice of the election of Buyer to
exercise the Option. Notice shall be given in accordance with Paragraph 16 below. Upon Buyer's
exercise of the Option, Buyer shall be deemed to have agreed to purchase and Seller shall have
agreed to sell the Real Estate for the Purchase Price upon and subject to the terms and conditions
hereinafter set forth.
5. Condition. The City of South Bend agrees to cooperate with the St. Joseph
Public Library in its anticipated expansion of facilities.
(a) This Option Agreement is contingent upon the commencement of the Library's
anticipated facilities expansion project before or upon the Expiration Date, and
the transfer of title and this Agreement is specifically intended therefore. The Seller
reserves the right to rescind this Agreement if this condition is not met by the Buyer
as of the Expiration Date.
(b) The Library acknowledges that Downtown South Bend (DTSB) and the
Redevelopment Commission have a contractual arrangement for DTSB to use
a portion of the Real Estate for parking and to collect any and all fees related thereto.
6. Closing. If the Option is exercised and all conditions precedent to closing have
been met, the closing of the purchase and sale of the Real Estate (the "Closing ") shall occur at a
place and on a date (the "Closing Date ") to be mutually agreed upon by the parties, but in any
event, no later than thirty (30) days after Buyer's notice of the exercise of the Option as provided
above. Seller shall deliver to Buyer its Warranty Deed to the Real Estate (the "Deed ") and the
other documents specified in Paragraph 11 below. Seller and Buyer agree that each party shall
execute and deliver at Closing all such papers and documents as may be legally necessary to carry
out the terms and provisions of this Agreement. Buyer shall accept the conveyance and pay the
Purchase Price to the Seller. Fees for closing services provided by the title company shall be home
by the Buyer.
7. Buyer's Approvals. Seller acknowledges that Buyer intends to expand its Library
facilities (the "Project "). During the Approvals Period, Buyer shall evaluate the Real Estate and all
other matters relating to this Agreement, including without limitation, the physical condition of the
Real Estate, the financial feasibility of the Project, appropriate environmental and zoning
requirements for development and other matters concerning the Project and, if Buyer determines
that development of the Project is feasible, shall attempt to obtain all governmental approvals
required for development of the Real Estate. If Buyer, in its sole option, judgment and discretion,
for any reasons whatsoever, determines that the Project is not feasible, Buyer, on or before the
expiration of the Approvals Period, shall give written notice to Seller that Buyer is terminating this
Agreement, whereupon this Agreement shall terminate and Buyer and Seller shall have no further
obligations with respect to this Agreement. During the Approvals Period, Buyer shall evaluate the
Real Estate and the feasibility of the Real Estate, including determination that:
(a) based on such environmental tests as Buyer may undertake or cause to be
undertaken pursuant to Paragraph 10, the Real Estate does not currently violate, and will
not upon completion of the Project violate, applicable environmental, wetland and/or
endangered species requirements and no adverse environmental condition exists on the
Real Estate;
(b) sanitary sewer service may be made available to the Project by the City of South
Bend or other provider of such service, and the sewer connection and availability charges
levied by such provider (as would affect the Project) shall meet Buyer's cost requirements;
(c) water service to the Project adequate to service the Project may be made available
at a cost acceptable to Buyer;
(d) the Real Estate may be rezoned to permit development of the Project; and
(e) such permits, variances and other approvals as are required to allow Buyer to
develop, construct and operate the Project in full compliance with all applicable legal
requirements may be obtained.
8. Seller's Title.
(a) Buyer shall procure thirty (30) days prior to the exercise of the Option a commitment
for an owner's policy of title insurance (the "Commitment ") issued by Meridian Title Insurance
Company or such other title insurance company as may be selected by Buyer (the "Title Insurer ") in
which Title Insurer shall agree to insure for the full amount of the Purchase Price fee simple title to
the Real Estate in the name of Buyer after delivery of the Deed to Buyer and recordation thereof in the
Office of the Recorder of St. Joseph County, Indiana, subject only to such easements, covenants,
restrictions, agreements and other instruments affecting title to the Real Estate ( "Title Exceptions ") as
are of record. At the Closing, Buyer shall pay the premium for the policy issued pursuant to the
Commitment, which policy shall have the Schedule B standard printed exceptions deleted therefrom
and shall contain such endorsements as Buyer or its lenders may specify. Buyer shall pay any
incremental cost charged for the policy endorsements required by Buyer or its lenders. If Buyer does
not exercise this Option and purchase the Real Estate, Buyer shall pay all charges and cancellation
fees in connection with the Commitment.
(b) If the Commitment reflects that at any time prior to the Closing title to the Real
Estate is encumbered by any exception to title other than Title Exceptions ( "Permitted Exceptions ")
and any monetary liens which are to be discharged at Closing (any such exception or unacceptable
state of fact being referred to herein as a "Title Defect "), then Seller shall, within ten (10) days after is
notified in writing by Buyer of the existence of any Title Defect, use commercially reasonable efforts
to remove such Title Defect and provide Buyer with reasonable evidence of such removal or
reasonable evidence that such Title Defect will be removed on or before the Closing.
(c) If Seller, despite its commercially reasonable efforts, is not able to cure any Title
Defect within the ten (10) day period specified in subparagraph (b), Buyer's sole remedy shall be to
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either (i) waive the Title Defect and proceed to close hereunder with no offset or reduction in the
Purchase Price except for the amount of any monetary lien which is an Exception or (ii) terminate this
Agreement. Subject to Buyer's written approval, Seller may extend the Closing Date for a period not
to exceed thirty (30) days after Seller receives written notice from Buyer of the existence of any such
Title Defect in order to cure it.
(d) If the commitment reflects any conditions, including Title Exceptions, (Permitted
Exceptions) which are not acceptable to Buyer, Buyer may terminate this Agreement. In such event,
Seller shall have no obligation to cure any Title Defect.
(e) If Buyer has not objected to any exception in the Commitment by written notice
delivered to Seller within ten (10) business days following the later of (i) receipt of the Commitment
or (ii) receipt of the Survey, if applicable, then Buyer shall be deemed to have approved the
Commitment and all exceptions to title reflected therein (other than the lien of any monetary
encumbrance which is to be released at Closing) and the Survey, if applicable, and condition of the
Real Estate as thereby disclosed.
9. Survey. At its option and expense, Buyer may cause a qualified surveyor to
complete a boundary survey ( "Survey ") of the Real Estate forty -five (45) days prior to the exercise of
the Option. If the Survey discloses any state of fact which would preclude use of the Real Estate for
the purpose of development, construction and operation of the Project, then Buyer may cancel this
Agreement within ten (10) business days following receipt of the Survey by providing written notice
to Seller, each party hereto shall be released from any duty hereunder except as otherwise provided
herein.
10. Environmental Assessment. Seller grants to Buyer its agents, contractors,
employees and successors and assigns, a temporary, non - exclusive right on, in, across and under the
Real Estate for the purposes of the investigation, surveying and sampling of soils and improvements
located in, upon and under the Real Estate ( "Environmental Assessment ") This non - exclusive right to
enter the Real Estate shall be at reasonable times as may be determined by agreement of the parties.
Buyer agrees to provide Seller with reasonable notice before accessing the Real Estate.
If the Environmental Assessment discloses the possibility of any environmental condition
(including but not limited to soil conditions) which Buyer deems unacceptable, then Buyer may either
terminate this Agreement or cause further investigation of any potential adverse environmental
condition to be made. In any event, if the Environmental Assessment or any subsequent investigation
shall disclose any environmental condition (including but not limited to soil conditions) unacceptable
to Buyer, then Buyer may terminate this Agreement upon written notice to Seller delivered prior to
expiration of the Approvals Period. Upon such termination, each party hereto shall be released from
any duty hereunder except as otherwise provided herein. Buyer shall bear the entire cost of the
Environmental Assessment and any further environmental investigation undertaken at the direction
of Buyer
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11. Conveyance of Title. Upon payment in full by Buyer of all amounts due at the
Closing and performance by Buyer of all the covenants and conditions hereof to be performed by
Buyer on or before the Closing Date, Seller shall convey the Real Estate to Buyer by the Deed (as
defined in Paragraph 6 above) subject only to Title Exceptions (Permitted Exceptions) (as defined in
Paragraph 8(b) above). In addition, Seller shall execute and deliver to Buyer a vendor's affidavit in
form reasonably satisfactory to Title Insurer, a duly executed certificate pursuant to Section
1445(b)(2) of the Internal Revenue Code of 1986 and such other documents as reasonably may be
required to complete the sale of the Real Estate to Buyer. Seller shall discharge at Closing all
monetary liens on the Real Estate other than the lien of current real estate taxes not delinquent.
12. Access to Tract. At any time after the Effective Date, Buyer and its employees, agents
and contractors shall have the right to enter the Real Estate for the purpose of surveying the Real
Estate, conducting test and inspections, and for such other purposes as may be appropriate to enable
Buyer to plan the Project upon exercise of the Option; provided, however, that Buyer shall indemnify
and hold Seller harmless from any loss, damage, claim or expense (including reasonable attorney's
and paralegal fees) as a consequence of or related to, Buyer's entry. The indemnity obligation of
Buyer hereunder shall survive the closing of the sale of the Real Estate or the termination of this
Agreement for any reason. Notwithstanding the foregoing, it is understood and agreed by the parties
that any agreements previously executed by Seller and Buyer related to Buyer's access to the Real
Estate shall govern this transaction.
13. Real Property Taxes and Assessments. At the Closing, Seller and Buyer shall
prorate all real property taxes relating to the Real Estate as of the day immediately prior to said
Closing. If Buyer exercises the Option, then Buyer shall assume and agree to pay all assessments for
municipal improvements and other public improvements relating to the Real Estate becoming due
and payable as of or after the Closing Date and so much of the real property taxes assessed for and
becoming a lien during the calendar year in which the Real Estate is conveyed to Buyer as shall be
allocable to Buyer on and after the Closing, and Seller shall pay the balance of such taxes, using, for
closing purposes, the present tax rate if the applicable tax rate has not been set, and providing that
both installments of real property taxes payable during the calendar year in which the Closing occurs
shall be paid by Seller.
14. Possession, Rents, Risk of Loss and Insurance. Subject to the provisions of
Paragraph 11, Seller shall deliver full, complete and exclusive possession of the Real Estate to Buyer
on the Closing Date and loss incident to the ownership of the Real Estate shall pass to Buyer at the
time of delivery of possession. Seller shall not during the Option Period enter into any lease or
occupancy agreement pursuant to which any person shall have any right to the use or possession of
the Real Estate after the Closing Date. Insurance, if any, shall be cancelled as of the date of Closing.
15. Representations and Warranties of Seller. Seller represents and warrants to Buyer
that:
(a) Seller owns the fee simple title to the land described in Exhibit "A ", and has the right,
power and authority to execute and deliver this Agreement and to observe and perform its
obligations hereunder;
(b) As of the Closing Date, there will be no parties in possession of all or any portion of
the Real Estate, as the case may be, as lessees, tenants at sufferance or under any other claim
to a right of continued possession;
(c) To the best of the Seller's knowledge, there is no pending condemnation or similar
proceeding or assessment affecting the Real Estate or any part thereof, nor has Seller received
formal notice of any such proceeding or assessment by any governmental authority.
(d) Seller will reasonably cooperate with and assist Buyer in obtaining the approval of all
public or governmental authorities as to all matters relating to rezoning, platting, street
vacations, special use permits or similar requirements for the development of the Project and
in obtaining all governmental permits, licenses and approvals necessary for such
development. The cost of rezoning, platting and all governmental approvals and permits shall
be bome by Buyer;
(e) To the best of Seller's knowledge:
(i) Seller has no current or proposed plans to alter access from any public
thoroughfare to or from the Real Estate, and Seller has not been notified of any such
plans by any governmental authority;
(ii) Seller has not caused any environmental contamination to the surface or any
subsurface soil conditions on the Real Estate.
(iii) Seller has not used the Real Estate as a dump site for hazardous waste, or any
toxic material or substance, and Seller has not received notice from any governmental
authority concerning the removal of any toxic or hazardous waste, material or
substance from the Real Estate.
(iv) Seller has not been notified by any federal or state authority dealing with
environmental protection that there are federally protected wetlands other than the
existing legal drain as may be disclosed in the Commitment;
(v) Seller is not aware of any detrimental prior use of the Real Estate such as a
dump site.
Notwithstanding the foregoing, Seller does not represent, warrant or guarantee that the Real Estate is
free from contamination, whether existing prior to Seller's ownership, or caused by parties other than
Seller, or otherwise. It is expressly understood and agreed that Seller is selling the Real Estate to
Buyer and Buyer's successors and assigns, and that Buyer is purchasing the Real Estate from Seller,
on an "as -is, with all faults, non - recourse" basis, and Seller shall have no obligation to pay for any site
remediation work.
(f) To the best of Seller's knowledge the Real Estate (i) does not contain any facility that
is subject to reporting under Section 3.12 of the Emergency Planning and Right to Know Act
of 1986 (42 USCS §1022), (ii) is not the site of one or more underground storage tanks for
which notification is required under 42 USCS §67991a or Ind. Code 13- 7- (A)(8), and (iii) is
not listed on the Comprehensive Environment Response Compensation and Liability
Information System (CERCLIS) in accordance with Section 116 of the CERCLA (42 USCS
§96.16); and
(g) The terms of any mortgage or other security instrument encumbering the Real Estate
does not prohibit the grant of this Option, preclude the performance by Seller of its
obligations hereunder or impair the rights of Buyer under this Agreement (assuming
performance by Buyer of its obligations hereunder).
Seller's representations shall be true and correct as of Closing. Seller's representations and
warranties shall survive the Closing for a period of one year.
16. Notice. Any notice, request, demand, instruction or other communication (a
"Notice ") to be given to any party with respect to this Agreement may be given either by the party
or its counsel and shall be deemed to have been properly sent and given when delivered by hand or
when sent by certified mail, return receipt requested, or by reputable courier service. If delivered
by hand, a Notice shall be deemed to have been sent, given and received when actually received by
the addressee. If sent by certified mail, a Notice shall be deemed to have been sent and given when
properly deposited with the United States Postal Service with the proper address and postage paid
therewith, and shall be deemed to have been received on the third (3rd) business day following the
date of such deposit, whether or not actually received by addressee. If sent by a reputable overnight
courier service, a Notice shall be deemed to have been sent and given when delivered to said
courier service with the proper address and delivery charges either prepaid or charged to a proper
account, and shall be deemed to have been received on the second business day thereafter. The
addresses to which Notices shall be sent are as follows:
If to Seller:
City of South Bend Redevelopment Commission
Attn: Marcia Jones
227 W. Jefferson Blvd.
7
South Bend, IN 46601
with a copy to:
City of South Bend
Department of Law
1200 County City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
If to Buyer:
Donald J. Napoli
Director, St. Joseph County Public Library
304 S. Main Street
South Bend, Indiana 46601
with a copy to:
James A. Masters
Nemeth, Feeney, Masters & Campiti, P.C.
211 W. Washington, Suite 1800
South Bend, Indiana 46601
17. Amendment. Neither this Agreement nor any of its provisions may be changed,
amended, waived or otherwise modified orally, but only by an instrument in writing duly executed
by or on behalf of the party against whom enforcement of any change, amendment, waiver,
modification, consent or discharge is sought.
18. Headings, Etc. The headings contained in this Agreement are for reference
purposes only and shall not affect in anyway the meaning or interpretation of this Agreement. This
Agreement may be executed simultaneously or in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
19. Default. If subsequent to the exercise of this Option, the sale contemplated by this
Agreement is not consummated (a) through the default of either party, then the non - defaulting
party_shall have and retain all legal and equitable remedies including, but not limited to, the right to
pursue damages including attorneys' and paralegals' fees and other costs of enforcement and the
right to seek and obtain specific performance of this Agreement. If Buyer defaults, Seller shall
retain the Option Payment as full and final consideration for this Option Agreement.
20. Change in Circumstances. If Buyer exercises the Option and on or before the date
established for Closing, or at the Closing, Buyer determines that an adverse environmental or soils
condition exists on or under the Real Estate which was not disclosed by the environmental or soils
tests undertaken pursuant to Paragraph 10 and was not caused by Buyer, then Buyer by notice to
Seller may terminate this Agreement notwithstanding the exercise of the Option by Buyer, in
which event this Agreement shall terminate and be of no further force and effect and neither party
shall have any further obligation to the other except as otherwise explicitly provided herein.
21. Continuing Obligations. The obligations of the Seller and Buyer hereunder which
are intended to be undertaken or satisfied subsequent to the Closing Date shall survive the exercise
of the Option and the purchase and sale of the Real Estate.
22. Binding Effect. This Agreement and the rights and obligations hereunder shall be
binding upon and inure to the benefit of both Seller and Buyer, their respective heirs, successors,
assigns and legal representatives.
23. Dates. Should any required date for delivery of an item fall upon a Saturday,
Sunday or federal holiday, said date for delivery shall be extended to the first regular business day
following the original date for delivery.
24. Non - Waiver. No delay, forbearance or neglect by Buyer in the enforcement of
any of the conditions of this agreement or any of Buyer's rights or remedies hereunder shall
constitute or be construed as a waiver thereof. No waiver of any of the conditions of this
agreement by Buyer shall be effective unless expressly and affirmatively made and given by Buyer
in writing.
25. Broker's Commission. Seller represents and warrants to Buyer that there are no
commissions due in connection with this transaction or the Real Estate, and that Seller has not
employed and is not obligated to any real estate agent or broker in connection with this transaction
or the Real Estate. Seller and Buyer agree to, and each does hereby, indemnify and hold the other
harmless from and against all liabilities and expenses (including attorneys' fees) in connection
with any claims for commission, compensation or otherwise, for the bringing about of this
transaction, or the consummation hereof which may be made against the other by any person, firm
or corporation as the result of any acts of Seller or Seller's representatives or as the result of any
acts of Buyer or Buyer's representatives, as the case may be.
26. Assignment by Buyer. Notwithstanding anything to the contrary in this
Agreement, Buyer may assign its rights under this Agreement with the prior written consent of
Seller, which consent shall not be unreasonably withheld. Upon such assignment the assignee
shall have all the rights and obligations of Buyer hereunder and Buyer shall thereupon,
automatically and without the execution of further instruments or documents, be relieved and
0
released of and from all such obligations hereunder. Buyer may also designate a nominee to take
title to the Real Estate at Closing.
27. Notice of Waiver of Eminent Domain Power. Buyer, having the power of
eminent domain, agrees to not exercise a right of eminent domain to acquire the Real Estate.
28. Governing Law. This Agreement shall be interpreted and enforced according to
the laws of the State of Indiana.
29. Memorandum of Option. At the request of Buyer, Seller shall execute and deliver
to Buyer a memorandum of this Agreement in recordable form which may be recorded at the
expense of Buyer to provide third parties record notice of the existence of this Agreement and the
rights of Buyer hereunder.
30. Corporate Authority. The undersigned persons executing and delivering this
Agreement on behalf of the Seller represent and certify that they are the duly elected officers or
authorized signers for Seller and have been fully empowered, by proper resolution of
Redevelopment Commission to execute and deliver this Agreement.
31. Board Approval. This option is subject to the approval of Buyer's Library
Board of Trustees, which Buyer shall seek to obtain at the next scheduled Board meeting, on
October 30, 2013, and the City of South Bend Redevelopment Commission, which shall be sought
at its regularly scheduled meeting on November 14, 2013.
32. Time of the Essence. Time is of the essence for the performance of each and
every covenant contained herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first above written.
SELLER:
CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION
Its: President, Marcia 1. Jones
Attest:
Secretary, Valerie Schey
10
BUYER:
ST. JOSEPH COUNTY PUBLIC
LIBRARY
By' —k- k
Its: Library Direc
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared , the of The City of South Bend Department of
Community Investment and acknowledged the execution of the foregoing Option Agreement.
IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my official seal on
the _ day of 2013.
Notary Public
Residing in St. Joseph County, IN
My Commission Expires:
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Donald J. Napoli, Director of the St. Joseph County Public Library, and acknowledged the
execution of the foregoing Option Agreement.
IN WITNESS WHERE F, I have hereunto subscribed my name and affixed my official seal on
the 121A day of (h d b -� `, 2013.
— /lN I)el e&
Notary PUblic v11 41
Resid in St. Joseph County, IN
w„cy k. Ko, -p4�c
My Commission Expires: S—la `J 1 a o / 4,
EXHIBIT "A"
The six (6) lots that the Library offers to purchase are identified as:
Lots 301, 302, 303, 304, 305, and 306 as shown on the Original Plat of the Town, now City,
of South Bend, Saint Joseph County, Indiana.
Tax Key Nos. 018 - 3008 - 0283.01
018 - 3008 -0282
018- 3008 -0281
018 - 3008 -0280
018- 3008 -0279
018- 3008 - 0278.02
12