303 Pintail - Sale - Closing Documents 303 Pintail Court
OFFER TO PURCHASE
_J<'17/'1 L ei- C G(r i , a —. ("Buyer")hereby
offers and agrees to purchase certain property from the 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 303 Pintail Court, Carmel, Indiana
and more particularly described on Exhibit A attached hereto (the "Property"). Seller agrees to
sell, and Buyer 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 1/ 64 ;)Zi, t'; [which amount shall not be less than Sixty-Three Thousand
Five Hundred Fifty and 00/100 Dollars ($63,550.00)].
3. Payment of Purchase Price. The Purchase Price shall be paid to Seller as follows:
Upon execution of this Offer to Purchase (the"Agreement")by Buyer and Seller,
Buyer shall deposit with Seller an earnest money deposit in the amount of Ada.51;,; %/,,ft V/(f- i.�.__
00/100 Dollars($ 6�-?.)/)`J .00) (ten percent (10%) of the Purchase Price) (the "Deposit"). U 0'
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 CIosing and (b) so much of the real
estate taxes and assessments assessed against the Property becoming due and payable in March,
2015 and all real estate taxes arising thereafter.
6. Insurance and Risk of Loss. Insurance on the Property shall be canceled as of the
CIosing. 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
1100793_1.DOC
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
Cannel, IN 46032
Attn: Steve Engelking
1100793_I.DOC 2
Buyer. ,J i" e$i re
(1;4-/1 J /zed./
Any notice given in accordance with this paragraph shall be deemed to have been duly given or
delivered on the date the same is personally delivered to the recipient or received by the recipient
as evidenced by the return receipt or signature acceptance.
12. Condition of Property. It is understood and agreed that the Property is being sold
"as is," "where is" and `with all faults"; that Buyer has inspected the Property; and that Seller
has made no representation or warranty as to the physical condition or value of the Property.
13. Compliance with Laws. In purchasing and developing the Property,.Buyer shall
comply with all applicable federal, state and local laws, rules, ordinances, regulations and
processes including but not limited to zoning and permitting.
14. Survival of Representations, Warranties and Covenants. Each.of the obligations,
covenants, representations and warranties of the parties hereto set forth in this Agreement shall
survive the Closing and shall not be merged in the deed or other instruments of conveyance.
15. Assignment. Buyer may not assign this Agreement without the written consent of
Seller.
16. Complete Agreement. This Agreement represents the entire agreement between
Seller and Buyer covering everything agreed upon or understood in this transaction. There are
no oral promises, conditions, representations, understandings, interpretations or terms of any
kind as conditions or inducements to the execution hereof or in effect between the parties. No
change or addition shall be made to this Agreement except by a written agreement executed by
Seller and Buyer.
17. Authorized Signatories. The persons executing this Agreement for and on behalf
of Buyer and Seller each represent that they have the requisite authority to bind the entities on
whose behalf they are signing.
18. Partial Invalidity. If any term, covenant or condition of this Agreement is held to
be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision had never been contained herein.
19. Use of Brokers. Buyer-repr ts-end-warnamts-te-Seller-tlt:3t-Buyer-haselealt-with
no broker,finder-er-ot-her-perssou-with respect-to-this-Agreement-or-the transactions-contemplated-
hereby:-Sellershall-pay-any-fces due-to-arrp-broker-engaged-by-Seller;----Seller-atd-Buyer each- '
agree-to-indemnify-and -bold-harmless-one-another-against-any-against-any-loss, liability,-damage; costs
e3rpense-er-elaim-incurred by--sem.son-sway-brokerage-eernmission.-or-finder's fee alleged to-be-
payable-becaase-of-any--aet;-omissiot statement-of Te-indemnifying-party.-Sueh indemnity
The buyer is represented by the broker LeSure Realty, Inc. (LESUOI), agent Jennifer LeSure(MIBOR
#6624). The broker will receive a 3.5% BAC fee per BLC/MLS listing.
1100793_1.130C 3
obligation shall be deemed to-include-#he payment-of reasonable attoneys'_fees-and court-costs -
ineurred-in-defending-a -sueh-elaim7
20. Attorneys' Fees. In the event that either party shall bring an action or legal
proceeding for an alleged breach of any provision of this Agreement or any representation,
warranty, covenant or agreement herein set forth, or to enforce, protect, determine or establish
any term, covenant or provision of this Agreement or the rights hereunder of either party, the
prevailing party shall be entitled to recover from the nonprevailing party, as a part of such action
or proceedings, or in a separate action brought for that purpose, reasonable attorneys' fees and
costs, expert witness fees and court costs as maybe fixed by the court or jury.
21. Governing Law; Construction.
(a) This Agreement shall be interpreted and enforced according to the laws of
the State of Indiana.
(b) All headings and sections of this Agreement are inserted for convenience
only and do not form part of this Agreement or limit, expand or otherwise alter the meaning of
any provisions hereof.
(c) This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original and all of which shall constitute one and the same
•
agreement.
(d) The provisions of this Agreement are intended to be for the sole benefit of
the parties hereto and their respective successors and assigns, and none of the provisions of this
Agreement are intended to be,nor shall they be construed to be,for the benefit of any third party.
22. Time of the Essence. Time is'of the essence for the performance of each and
every covenant contained herein.
[signatures on following page]
1100193_1.DOC 4
�. ( .�u,
By:
Printed: •--/O//), it c Lce"Scer
Title:
"BUYER"
ACCEPTANCE
The undersigned Seller accepts this Offer to Purchase, upon and subject to the
terms and conditions set for the herein.
Dated this %f `day of ,2015.
CITY OF CARMEL •
By. /0 • - .
Steve Enge i.i.g
Director of Administration and Authorized
Representative
"SELLER"
1100793_1.DOC 5
303 Pintail Court
EXHIBIT A
Lot 11 in Spring Lake Estates, an Addition in Hamilton County, Indiana, as recorded in
PIat Cabinet 1, Slide 446 as Instrument No. 94-33343, in the Office of the Recorder of
Hamilton County, Indiana, excepting therefrom:Beginning at the southeast corner of said
Lot 11; thence South 88 degrees 44 minutes 50 seconds West (bearing assumed) 34.80
feet along the south line of said Lot to point designated"334" on said Plat;thence North
0 degrees 08 minutes 03 seconds West 197.96 feet to the north line of said Lot and point
designated"335"on said Plat; thence North 80 degrees 24 minutes 07 seconds East 35.25
feet along said north line to the northeast corner of said Lot; thence South 0 degrees 08
minutes 24 seconds East 203.08 feet along the east line of said Lot to the point of
beginning and containing 6974 square feet, more or less.
1100793_1.DOC
PUBLISHER'S AFFIDAVIT
State of Indiana )
) ss:
Hamilton County )
Personally appeared before me, a notary public in and for said county and state, the
undersigned Tim Timmons who, being duly sworn, says that he is Publisher of The Times
newspaper of general circulation printed and published in the English language in the city
• of Noblesville in state and county afore-said, and that the printed matter attached hereto
is a true copy, which was duly published in said paper for 1 time(s), the date(s)of
publication being as follows:
4/10/2014
Subscribed and sworn to before me this Thursday,April 10, 2014.
_De"--"7! I
Notary Public
My commission expires: 05/28/2020
Jennifer Louise May
Resident of Marion County
Publisher's Fee: $80.60
JENNIFER LOUISE MAY
1 Notary Public-Seal 1
State of Indiana
My Commission Expires May 28,2020
Y 1 TL 5085
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 303 Pintail Court,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 Cannel 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 Sixty-Three
Thousand Five Hundred Fifty and 00/100 Dollars($63,550.00). 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.
3. Interested bidders may inspect the real estate during normal business
hours upon(i)written notice to Steve Engelking,One Civic Square,Cannel,
Indiana 46032,(317)571-2401;and(ii)execution and delivery of a release,
indemnification and hold harmless agreement available from Steve Engellcing,
One Civic Square,Cannel,Indiana 46032,(317)571-2401. 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 June 18,2014.
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 July 2,2014, and addressed
to:City of Carmel,Clerk-Treasurer,City Hall,One Civic Square,Cannel,Indiana
46032,Attention:Sandy Johnson. The envelope should be clearly marked"Bid
Enclosed—303 Pintail Court".
7. At the July 2,2014 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 July 15,2014,and must be addressed as
set out in paragraph 6 of this notice. Such subsequent bids will be announced by
the Board at its July 16,2014 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:
Lot 11 in Spring Lake Estates,an Addition in Hamilton County,
Indiana,as recorded in Plat Cabinet 1,Slide 446 as Instrument No.94-33343,
in the Office of the Recorder of Hamilton County,Indiana,excepting therefrom:
Beginning at the southeast corner of said Lot 11;thence South 88 degrees 44
minutes 50 seconds West(bearing assumed)34.80 feet along the south line
of said Lot to point designated"334"on said Plat;thence North 0 degrees 08
minutes 03 seconds West 197.96 feet to the north line of said Lot and point
designated"335"on said Plat;thence North 80 degrees 24 minutes 07 seconds
East 35.25 feet along said north line to the northeast corner of said Lot;thence
South 0 degrees 08 minutes 24 seconds East 203.08 feet along the east line of said
Lot to the point of beginning and containing 6974 square feet,more or less.
10. The Property is part of Tax Parcel No.17-09-35-01-02-011.000.
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 Cannel reserves the right to reject all bids.
TL5505 6/4,6/11 2t hspaxlp