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PUBLIC NOTICE TO BIDDERS REGARDING
SALE OF PROPERTY BY THE
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
At the March 19, 2014, meeting of the City of Carmel Board of Public Works and Safety
(the "Board"), the Board determined that it was appropriate to sell a portion of real estate owned
by the City of Carmel, Indiana, commonly known as 870 Enclave Circle, Carmel, Indiana, the
legal description of which is set forth herein below (the "Property"). The sale of the Property was
approved by the Common Council of the City of Carmel on April 21, 2014. The sale of the
Property shall be upon the following terms and conditions:
1. The purchase price of the Property shall be not less than One Hundred Seventy-
Two Thousand and 00/100 Dollars ($172,000.00). The purchaser of the Property shall be
responsible for paying certain additional expenses associated with the sale of same, which
expenses shall include, but not limited to, the cost of the publication of notices, recording fees
and other fees incurred by the Board as a result of such sale.
2. Real Estate Information Packages are available from Steve Engelking,
Department of Administration, One Civic Square, Third Floor, Carmel, Indiana 46032 and Craig
Kaiser, Coldwell Banker Kaiser, 12401 Old Meridian Street, Carmel, Indiana 46032.
3. Interested bidders may inspect the real estate during normal business hours
upon (i) written notice to Steve Engelking, One Civic Square, Carmel, Indiana 46032, (317)571-
2401 or Craig Kaiser, Coldwell Banker Kaiser, 12401 Old Meridian Street, Carmel, Indiana
46032, (317)844-1131; and (ii) execution and delivery of a release, indemnification and hold
harmless agreement available from Steve Engelking, One Civic Square, Carmel, Indiana 46032,
(317)571-2401 or Craig Kaiser, Coldwell Banker Kaiser, 12401 Old Meridian Street, Carmel,
Indiana 46032, (317)844-1131. All inspections will be conducted at such bidder's expense.
Inspections will be allowed through 5:00 p.m. on the day before bids are due.
4. Bids must be submitted on the form found in the Real Estate Information
Package.
5. Bids will be accepted beginning October 10, 2014.
6. All bids must be in a sealed envelope and delivered or mailed in time to be
opened at the Board meeting at 10:00 a.m. on November 5, 2014, and addressed to: City of
Carmel, Clerk-Treasurer, City Hall, One Civic Square, Carmel, Indiana 46032, Attention: Sandy
Johnson. The envelope should be clearly marked "Bid Enclosed —870 Enclave Circle".
7. At the November 5, 2014 meeting of the Board, all bids received will be publicly
opened. After this public opening any bidder may submit a new bid, provided that all subsequent
bids shall be open to public inspection upon receipt. Bids will be accepted until 3:00 p.m. on
November 18, 2014, and must be addressed as set out in paragraph 6 of this notice. Such
subsequent bids will be announced by the Board at its November 19, 2014 meeting.
8. The Property may not be sold to a person who is ineligible under Indiana Code
§ 36-1-11-16, and an offer to purchase the Property which is submitted by a trust as defined in
Indiana Code § 30-4-1-1(a) must identify each beneficiary of the trust and the settler
empowered to revoke or modify the trust.
9. The legal description of said Property is:
Land situated in the County of Hamilton, State of Indiana, is described as
follows:
Lot Numbered Forty-eight (48) in The Enclave of Carmel, an Addition to
the City of Carmel in Hamilton County, Indiana, as per plat thereof,
recorded in Plat Cabinet 1, Slide 192, in the Office of the Recorder of
Hamilton County, Indiana.
10. The Property is part of Tax Parcel No. 16-10-30-04-15-048.001.
11. The Property will be transferred "as is", "where is" and "with all faults". The City
of Carmel makes not representation or warranty as to the physical condition or value of the
Property.
12. The City of Carmel reserves the right to reject all bids.
62430.2 2
BIDDER'S ITEMIZED PROPOSAL
AND DECLARATION
Instructions To Bidders:
This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts
shall be fully and accurately filled in and completed and notarized.
Property: 870 Enclave Circle, Carmel,Hamilton County,Indiana
Proposal for Purchase of Real Estate located at 870 Enclave Circle,Cannel,Hamilton County,
Indiana
Date: i
To: City of Carmel Board of Public Works and Safety
c/o Clerk Treasurer
One Civic Square
Cannel,Indiana 46032
Attn:Sandy Johnson
Steve Engelking
PJ-6 (7; 510-15
870 Enclave Circle
Real Estate Bid Instructions
1. Sealed bids will be accepted at the City of Carmel,Clerk-Treasurer's office,One Civic Square,
Carmel,Indiana 46032 beginning October 10,2014 through November 5,2014 at 9:00 a.m. All
bids must be in the form attached to these instructions.
2. On November 5,2014,the bids will be opened and publicly announced.
3. Subsequent bids will be accepted until November 18, 2014 at 3:00 p.m.and will be open to
public inspection upon receipt.
4. On November 19,2014,the City of Carmel will determine the successful bidder. The successful
bidder will be notified of its selection in writing by the City of Carmel.
5. The successful bidder must:
a. Be prepared to deposit 10%of the final purchase price as earnest money for its
purchase of the property within five(5)days of the City of Carmel's acceptance of the
Offer to Purchase;and
b. Be prepared to execute and deliver to the City of Carmel an offer to purchase in the
form attached to these Instructions,if such bidder is the successful bidder.
6. Upon determination of the successful bidder and the final purchase price of the property,the
successful bidder shall deposit with the City of Carmel the earnest money and execute and
deliver to the City of Carmel the offer to purchase.
7. The City of Carmel reserves the right to accept or reject any and all bids.
8. Closing on the property shall occur within thirty(30)days of the date of the offer to purchase.
The balance of the purchase price will be paid at the closing. The City of Carmel will deliver to
the successful bidder at the closing,a limited warranty deed,subject to all easements,
restrictions and encumbrances of record,all items identified on the title commitment described
in the Offer to Purchase,real estate taxes not yet due and payable,all matters which could be
discovered by an accurate survey of the property,and all governmental codes,ordinances,
restrictions and limitations.
9. The City of Carmel makes no representations or warranties of any kind or nature in respect of
the land or improvements on the property.Successful bidder shall accept the property"AS IS",
"Where Is"and"With all Faults".
870 Enclave Circle
Real Estate Information Package Contents:
1. Real Estate Bid Instructions
2. Bidder's Itemized Proposal and Declaration
3. Offer to Purchase
4. Release Indemnification and Hold Harmless Agreement
5. Title Search
6. Description of Property
7. Public Notice to Bidders
8. Resolution of Board of Public Works and Safety
9. Resolution of Common Council
10. Seller's Residential Disclosure Document
PART 1
BIDDER INFORMATION
(Print)
1.1 Bidder Nam :
/f met l` "( ti l-#7
1.2 Bidder Address: Street Address /J R7/ ,4c S Po 55
City: &7r P�'1�1i State: ( 1 Zip: 17 3 2
Phone: 3/7-81-6- 3C%'f Fax:
Email: 00/OZ/c'rc' QOI CO/72 [Valid email address is
required as bidders will be notified by email after November 5,2014 of
subsequent bids.[
1.3 Bidder is a/an[mark one]
Individual Partnership Indiana Corporation
Foreign(Out of State)Corporation; State:
Joint Venture Other
1.4 [The following must be answered if the Bidder or any of its partners or joint venture
parties is a foreign corporation. Note: To do business in or with the City of Cannel,
foreign corporations must register with the Secretary of State of Indiana as required by
the Indiana General Corporation Act as stated therein and expressed in the Attorney
General's Opinion#1, dated January 23, 1958.]
1. Corporation Name:
2. Address:
3. Date registered with State of Indiana:
4. Indiana Registered Agent
Name:
Address:
End of Part 1,`Bidder Information"
BID-2
II
PART 2
BID PROPOSAL
2.1 Purchase Price $ /70?,OM OD[The Purchase Price cannot be less than
$172,000.00]
II
END OF PART 2,"BID PROPOSAL"
BID-3
III
PART 3
OFFER TO PURCHASE
3.1 The Bidder agrees to be bound by the terms and provisions of the attached Offer to
Purchase and incorporates such Offer to Purchase herein by reference.
END OF PART 3,"OFFER TO PURCHASE"
BID-4
OFFER TO PURCHASE
4/1/1,1 Ala !A l va , , , a L)�;; (`RB,_yer")hereby
offers and agrees to fpurchase property hfrom e City of Carmel("Seller")as follows:
1. Purchase and Sale. Seller is the owner in fee simple of certain real estate located
in Cannel,Hamilton County,Indiana, commonly known as 870 Enclave Circle, Cannel,Indiana
and more particularly described on Exhibit A attached hereto (the "Property"). Seller agrees to
sell, and Buyer, as the successful bidder for the Property, agrees to purchase the Property for the
price and subject to the terms and conditions hereinafter set forth.
2. Purchase Price. The purchase price for the Property (the "Purchase Price") shall
be 4./7A.Orr;nd [successful bid amount which shall not be less than One
Hundred Seventy-Two Thousand and 00/100 Dollars($172,000.00)].
3. Payment of Purchase Price. The Purchase Price shall be paid to Seller as follows:
Upon execution of this Offer to Purchase(the"Agreement")by Buyer and Seller,
Buyer shall deposit with Seller an earnest money deposit in the amount of,i,,,,,, i„� _4.,•�, j &J
00/100 Dollars($ 17,07,00—.00)(ten percent(10%)of the Purchase Price)(the"Deposit"). The
Deposit shall be in the form of a cashiers or certified check. Such Deposit shall be held,applied,
returned or retained in accordance with the terms of this Agreement If Buyer shall fail or refuse
to perform its obligations herein specified, the Deposit shall be retained by Seller as liquidated
damages and Seller waives any claim for damages, at law or in equity, and waives any claim for
specific performance and agrees that such liquidated damages shall be Seller's sole remedy at
law or in equity. The remainder of the Purchase Price,plus or minus any adjustments thereto,
shall be paid by Buyer at Closing in cash or other immediately available funds.
4. Due Diligence. Buyer acknowledges and agrees that prior to the execution of this
Agreement, Buyer had the opportunity to conduct any due diligence for the Property deemed
necessary by Buyer. Seller has provided a title search and property description. Buyer will be
responsible for the cost of any title policy,survey or other due diligence Buyer elects to obtain.
5. Taxes and Assessments. Buyer assumes and agrees to pay(a) all assessments for
municipal improvements becoming due and payable after the Closing and(b)so much of the real
estate taxes and assessments assessed against the Property becoming due and payable in May,
2015 and all real estate taxes arising thereafter.
6. Insurance and Risk of Loss. Insurance on the Property shall be canceled as of the
Closing. In the event that, prior to Closing, all or any portions of the Property, any interests
therein, or any rights appurtenant thereto are damaged or destroyed by fire or other casualty or
are taken or appropriated (either permanently or for temporary periods) under the power of
eminent domain or condemnation by any authority having such power,or by virtue of any actions
or proceedings in lieu thereof, or if any notice or threat of such taking or appropriation has been
given or is pending at the Closing,then Buyer,at its option,may either(a)cancel this Agreement
by written notice to Seller, in which event Escrow Agent shall immediately refund the Deposit to
Buyer and neither party shall have any further obligation hereunder, or(b) elect to proceed with
Closing, in which event the Purchase Price shall (i) in the event of fire or other casualty, be
reduced by an amount equal to any sums previously paid or then payable to Seller by Seller's
insurance carrier, which sums have not been expended by Seller to restore the Property or(ii),in
the event of a condemnation or other taking, be prorated based upon the amount of property
taken by the condemning authority by reason of such taking, appropriation or action or
proceeding in lieu thereof, and Seller shall transfer and assign to Buyer at Closing any and all
further claims prorated as described herein, demands, actions and choses in action which may
exist by virtue of such taking, appropriation or action or proceeding in lieu thereof.
7. Closing. The closing of the purchase and sale of the Property (the "Closing")
shall occur at a location selected by both Seller and Buyer, within thirty (30) days after the
execution of this Agreement by Seller and Buyer (the "Closing Date"), unless Buyer and Seller
shall agree upon an earlier or later date for the Closing.
8. Closing Documents. At the Closing, Seller shall execute and deliver to Buyer
(a)a limited warranty deed; (b) an Indiana Disclosure of Sales Information Form; (c) a closing
statement, and (d)such other instruments, certificates or affidavits as may be provided herein or
as Buyer may reasonably request to effect the intention of the parties hereunder. The limited
warranty deed shall be subject to all easements, restrictions and encumbrances of record, all
items identified on the title commitment described in the Offer to Purchase, real estate taxes as
provided in paragraph 5, all matters which could be discovered by an accurate survey of the
property,and all governmental codes,ordinances,restrictions and limitations
9. Possession. Possession of the Property shall be delivered to Buyer on the Closing
Date in substantially the same condition as it is now, free and clear of the claims of any other
party,except as disclosed in the title commitment or limited warranty deed.
10. Rights and Obligations. The rights and obligations of Seller and Buyer herein
contained shall inure to the benefit of and be binding upon the parties hereto and their respective
personal representatives,heirs,successors and assigns.
11. Notices. All notices required or permitted to be given hereunder shall be in
writing and delivered in person, or by certified or registered first-class prepaid mail, return
receipt requested, or by a nationally recognized overnight carrier to Seller or Buyer at their
respective addresses set forth below, or at such other address, notice of which may have been
given to the other party in accordance with this paragraph 11.
Seller: City of Carmel
One Civic Square
Carmel,IN 46032
Attn: SteveEngelking
Buyer. nci "�Cey f iC4.--4G1/��1