12/6/16

Request for Proposal B1000585

Notice to Bidders

Indiana State University Board of Trustees has authorized the disposal of surplus property located in Terre Haute, Indiana. Sealed bids may be sent to Indiana State University Purchasing Office located at the Facilities Management and Purchasing Building, Purchasing Department, 951 Sycamore Street, Terre Haute, Indiana 47809, until 2:00 pm Local Time, December13, 2016 and then will be opened and read aloud.

Use this bid form, Covenants shown below. The Bid Form, Notice to Bidders, and Covenant will automatically download to your computer by going to this location on the internet:

The following parcels are for sale:

Parcel ID Street Address

84-06-16-481-012933 North 6th Street

84-06-16-481-013933 North 6th Street

84-06-16-481-014931 North 6th Street

84-06-16-481-015929 North 6th Street

84-06-16-481-016927 North 6th Street

84-06-16-481-017925 North 6th Street

84-06-16-481-018921 North 6th Street

84-06-16-481-037650 Lafayette Ave.

84-06-16-481-038644 Lafayette Ave

84-06-16-481-039644 Lafayette Ave.

84-06-16-481-042628 Lafayette Ave.

84-06-16-481-043626 Lafayette Ave.

84-06-16-481-044622 Lafayette Ave.

The successful bidder shall submit, within twenty-four hours, $1,000 earnest money to Indiana State University.The balance of the purchase price shall be payable in certified funds or electronic transfer on the date of closing. All property sales are subject to certain property covenants.

IndianaStateUniversity reserves the right to reject any bid or all bids and to waive any informality therein, and to return unopened any bid received after the time fixed herein.

INDIANA STATE UNIVERSITY BOARD OF TRUSTEES

By: Diann E. McKee

Senior Vice President for Finance and Administration/University Treasurer

IndianaStateUniversity

Please quote here your offering price for all of the parcels listed: $______

Proposals are due: December 13, 2016 by 2:00 pm.

Send or Deliver to:

Indiana State University

951 Sycamore Street

Purchasing Department

Terre Haute, IN 47809

Fax Number: 812-237-3599

Mark Attn: Kevin Barr – B1000585

Request for Proposal B1000585 submitted by:

Your Name or Company’s Name: ______

Address: ______

Company Contact Name: ______

Phone number: ______Fax number: ______

Email Address: ______

Signed: ______Date: ______

(Submit this form with your proposal)

INDIANA STATE UNIVERSITY

Restrictive Property Covenants

The following restrictive covenants shall apply to the property described in this deed unless exceptions, variances or waivers of the same are otherwise approved in writing by Indiana State University (the “University”):

  1. No vinyl siding shall be used on any improvement located on the property. The exterior walls of the main building constructed on the property shall incorporate the use of brick, stone or concrete veneer on all sides of the structure; provided, however, this use restriction shall not restrict or limit the use of other construction materials in the decorative design elements of the exterior walls.
  1. The property owner shall provide onsite parking for its occupants, visitors and employees in accordance with the zoning and building codes of the City of Terre Haute, Indiana.
  1. The property owner shall provide the following, minimum number of trees: (a) a minimum of one (1) tree per seven (7) parking spaces located on the property, which trees shall be planted in around the parking area(s); and, (b) a minimum of one (1) tree for each thirty feet (30’) of public street frontage. The trees described in this paragraph shall comply with the regulations adopted by the City of Terre Haute for the planting of such trees (as enacted at the time of planting).
  1. Trash receptacle storage areas shall be fully fenced and screened from view.
  1. The property owner shall comply with all sign ordinances adopted by the City of Terre Haute. The use of portable signage with removable letters and lighted arrows is prohibited. The materials used to construct and support freestanding signs should be substantially consistent with the materials used in the property’s other improvements.
  1. The following uses shall be prohibited on the property: (a) any retail store that derives 10% or more of its income from the sale pornographic or erotic media (including but not limited to magazines, videos, books, and other publications), sex novelty items and other pornographic related merchandise; (b) a retail business that feature exotic dancers, nude dancers or such similar sexually implied entertainment or services; (c) a brothel; (d) a retail store that sells merchandise that is intended or reasonably implied to support or otherwise relate to the consumption, use, growing or manufacturing of illegal narcotics, including but not limited marijuana, whether or not legal now or in the future; (e) except for wine merchants who derive no more than 20% of their income from the sale of beer and liquor, any retail store that derives 20% or more of its income from the sale of alcohol; (f) mobile home park and/or recreational vehicle (RV) park; and, (g) a junk yard, sanitary landfill and/or automotive recycling facility.
  1. The University reserves a right of first offer on the property as follows: (a) in the event the property owner intends to market and sell fee simple title to the property to a third party purchaser (but excluding any and all conveyances to a subsidiary, parent corporation, affiliate, and person or entity otherwise related to the property owner), the property owner shall first notify the University in writing of its intent to sell all or a portion of the property at least twenty one (21) days prior to marketing the property for sale to the public or otherwise entering into a purchase and sale agreement with a third party purchaser, and said notice shall describe the property being offered for sale (which may include adjacent land) and shall make reference to this right of first offer; (b) the University shall thereafter have fourteen (14) days from receipt of the written notice to make a written offer to purchase all of the property that the property owner intends to sell (including any adjacent land), which written offer shall be in the form of a binding purchase and sale agreement signed by the University and which may be accepted by the property owner in its sole discretion by written acknowledgment (the “First Offer”); and, (c) if the University and property owner do not enter into a binding purchase and sale agreement within seven (7) days of the property owner’s receipt of the First Offer, or the University fails to make a First Offer within the prescribed time period, or the University sends the property owner written notice of its decision to waive the right of first offer, or the University and property owned enter into a binding purchase and sale agreement that is later terminated in accordance with its terms, then this right of first offer shall be deemed null and void and of no further force and effect only with respect to the then pending listing, marketing and sale of the property by the current property owner.
  1. A property owner may (but shall not be required to) record in the public land records any written exception, variance, or waiver granted by the University with respect to these restrictive covenants, and such recorded notice shall serve as prima facie evidence that the exception, variance or waiver was so granted. Within five (5) days of written request by the property owner, the University agrees to timely provide written certification that no breach or default of these restrictive covenants exists, and such certification may be relied upon by third parties (including but not limited to mortgage lenders, tenants, insurance companies, etc.) that no such breach or default exists as of the date such certification is made; and, the University agrees to waive enforcement of any such breach or default that existed on or before the date of its certification.
  1. All notices and written communications to be made pursuant to these restrictive covenants shall be sent by either overnight courier (such as FedEx or UPS) or by certified U.S. Mail with return receipt requested. The date of delivery of the notice shall be deemed the date of receipt by the party to whom such notice is addressed, or the date of first attempted delivery if refused or not accepted. Unless otherwise provided in a notice to the property owner, notices to the University shall be addressed to the “Vice President for Finance and Administration/Treasurer” and shall be sent to the University’s primary contact address as set forth on its website.
  1. The University reserves the right to review and approve site plan/planting plan prior to construction.

Terre Haute, Indiana47809 1 of 5

(812) 237-3600

Fax (812) 237-3599