Private Seller Sealed Bid Form by yqu14115

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									                Indiana Department of Administration
              For The Indiana Department of Corrections
STATE OF INDIANA PROPERTY FOR SALE THROUGH SEAL BID AUCTION

          Former Pendleton Firing Range – Pendleton, Indiana
                Madison County, Fall Creek Township




                       Sale Number 2010-48-01

    Public Showing Wednesday April 15, 2010 – 3:00 PM to 6:00 PM

               Sealed Bids Due by May 20, 2010, 2:30 PM
                         Send or Deliver Bids to:
                  Indiana Department of Administration
                            Attn: Leila Sublett
                        402 W. Washington Street
                       Indianapolis, Indiana 46204
        Re: Indiana Surplus Real Estate Sale Number 2010-48-01

                    For further information contact
                           Michael J. Kuehl
                             317-333-7503
                                 Or visit
                         www.SurplusIN.com
                     www.in.gov/idoa/2364.htm
                                TERMS AND CONDITIONS

All bidders and other participants of this sale agree that they have read and fully
understand these terms and agree to be bound thereby.

BUYER’S PAID PREMIUM - A 10% “Buyers Premium” will be added to the high bid
price to determine the TOTAL CONTRACT PRICE (High Bid + Buyer’s Premium = Total
Contract Price)

SEALED BID SUBMITTAL FORM – Sealed bids MUST be submitted on a properly
completed “Sealed Bid Submittal Form” which is attached. By submitting a bid, each
bidder is agreeing to all Terms and Conditions of the sale. Bids not submitted on such
properly and fully completed (and signed) Sealed Bid Submittal Form, may be rejected
by the State of Indiana in its sole discretion.

CONDITIONAL SALES AGREEMENT - After acceptance of an offer, the Conditional
Sales Agreement (“Conditional Sales Agreement”), attached hereto and made a part
hereof thereby, will be provided to the person making the highest offer. The successful
bidder shall have five (5) working days after receipt of the Conditional Sales Agreement
to execute and return the Conditional Sales Agreement with the Earnest Money Deposit
check to Meridian Title Corporation, Attn: John Cohoat, 11711 N. Pennsylvania Street,
Suite 110, Carmel, IN 46032.

EARNEST MONEY DEPOSIT - A deposit of 10% of the Total Contract Price will be
required to be sent in with the executed Conditional Sales Agreement. The deposit
check should be made payable to Meridian Title Corporation and may be a
personal or business check.

FINANCING & LOCAL APPROVALS - The sale is not conditioned on the buyer
obtaining financing or local approvals.

INSPECTION OF PROPERTY - All persons interested in making an offer are invited,
urged and cautioned to thoroughly inspect the Property prior to submitting an offer. The
property for sale may be inspected during the times shown on the description sheet or
by a private appointment. Please note that records indicate that there are certain
environmental conditions that exist on the subject property. This property is being
sold “AS IS” and interested purchasers are encouraged to perform an
independent investigation and records search prior to submitting a bid for the
property.

CONDITION OF PROPERY - The information contained herein is not a warranty or
guaranty of any kind by the State of Indiana or Venture Real Estate Services.
Prospective purchasers are encouraged to thoroughly inspect the Property and condition
of title in order to insure full knowledge of existing conditions prior to submitting an offer.
The Property is sold “AS-IS” with no warranties expressed or implied. The State of
Indiana or Venture Real Estate makes no representations or warranties regarding the
property condition, its use or the marketability of its title.

MODIFICATIONS - The terms and conditions and provisions herein are subject to
change.
POSSESSION - Possession will be transferred at closing by Quit Claim Deed.

TITLE INSURANCE - Title insurance will be available at the buyer’s expense.

                            BIDDING INSTRUCTIONS
The State of Indiana, acting by and through the Department of Administration (the
“State”), is offering for sale certain real property located in Madison County, Indiana
legally described as Exhibit A in the Conditional Sales Agreement (“Property”):

SEALED BID FORM - Sealed bids must be submitted on the bid form (Bid Submittal
Form) attached hereto which is also available as a PDF form file on the Indiana real
estate surplus web-site (www.SurplusIN.com & www.in.gov/idoa/2364.htm). Bids not
submitted on such properly and fully completed Sealed Bid Submittal Form, may be
rejected by the State of Indiana in its sole discretion.

The completed bid form should be placed in its own sealed envelope labeled clearly on
the outside: STATE OF INDIANA SEALED BID #2010-48-01. To avoid the sealed bid
being opened prematurely, the sealed bid envelope should be placed within an outer
mailing or package delivery envelope.

All sealed bids must be received by 2:30 PM, EDT, Thursday May 20, 2010 at:

                        Indiana Department of Administration
                                  Attn: Leila Sublett
                              402 W. Washington Street
                             Indianapolis, Indiana 46204
                  Re: STATE OF INDIANA SEALED BID #2010-48-01

Bids may be sent by US Postal Service, Fed-Ex, DHL, and UPS or by other delivery
services of the bidders choosing. It is the bidder’s sole responsibility to ensure that their
sealed bid is received by 2:30 EDT, Thursday May 20, 2010, at the address above.

Each Sealed Bid Form should be completed and signed by a person authorized to
commit the purchase in the amount of the bid.

OFFERS - All offers will be received and reviewed by the State of Indiana for the subject
property. The State of Indiana reserves the right to accept or reject any offer, to waive
defects and technicalities in an offer package, to re-advertise the property, and/or
withdraw the property from sale at any time.

Any corporations submitting offers must furnish evidence that the officer(s) or
employee(s) who executes the offer has been given the power to act on behalf of the
corporation.
AWARD OF CONTRACT - The State of Indiana will award the sale to the highest bidder
with a completed Sealed Bid Submittal Form. In case of a tie, the State will ask the tied
bidders to submit a final and best offer.

Within ten (10) business days after the bid opening, The State of Indiana will notify the
successful bidder that his/her bid has been accepted. He/she shall then have five (5)
working days after receipt of the Purchase Agreement to execute and return the
Purchase Agreement with the 10% deposit check (Made out to Meridian Title
Corporation) to Indiana Department of Administration, Attn: Leila Sublett, 402 W.
Washington Street, Indianapolis, IN 46204.


ELIGIBILITY - Persons making offers must be at least 18 years of age or older.

INDEMNIFICATION - Person making offer agrees for and on behalf of him/herself,
his/her heirs, successors and assigns that he/she shall indemnify and hold the State of
Indiana, acting by and through its Department of Administration, harmless from and
against and claim, demand or cause of action arising or alleged to have arisen out of the
sale or failure to sell the property including claims for personal or bodily injury, death or
contract damages. The State of Indiana shall not indemnify the buyer or offering
bidders.

MODIFICATIONS - The terms, conditions and provisions herein are subject to change at
the sole discretion of the State of Indiana.
                              PROPERTY INFORMATION

PROPERY – Former Pendleton Firing Range (Corner of SR 67 & SR 9)

SALE NUMBER - 2010-48-01

ACREAGE – +/- 6.56

COUNTY – Madison

TOWNSHIP – Fall Creek

PROPERTY SPECFICIATIONS – The subject parcel is located on the southeast corner
of State Road 67 & State Road 9.

PLEASE NOTE – Records indicate that there are certain environmental conditions that
exist on the subject property. This property is being sold “as is” and interested
purchasers are encouraged to perform an independent investigation and records search
prior to submitting a bid for the property.

INSPECTION PERIOD – The highest bidder shall have thirty (30) days, unless extended
by a mutual agreement between seller and high bidder, after acceptance of their bid by
the Seller, to complete an inspection of the Real Property. The highest bidder and its
representatives will have the right to enter the Real Property at all reasonable times and
during normal business hours (and after at least twenty-four (24) hours previous notice
to Seller) for the purpose of an inspection of the Real Property and to make all such
engineering, environmental and other tests and inspections of the Real Property to
satisfy Buyer as to the condition of the Real Property. All such tests and inspections
shall be at Buyer’s sole cost and expense. Any and all investigations and inspections
conducted with respect to the Property will be certified to both Buyer and Seller and
Seller shall be entitled to receive, free of charge, a copy of each and every report or
communication prepared in conjunction with such investigations and inspections.

10% BUYER’S PREMIUM




                                      DISCLAIMER

All information is gathered from reliable sources, but is not guaranteed and subject to
change without notice. We are not responsible for error, omissions, prior sale,
withdrawal from the market, or change in size or price. All properties are being sold “as
is” and interested purchasers are encouraged to perform or secure an independent
investigation and records search prior to submitting a bid. Please call Venture Real
Estate at 317-333-7503 for up to date information.
                             State of Indiana Surplus Property Sale
                                SEALED BID SUBMITTAL FORM

TO AVOID THE SEALED BID BEING OPENED PREMATURELY, THE SEALED BID
ENVELOPE SHOULD BE PLACED WITHIN AN OUTER MAILING OR PACKAGE DELIVERY
ENVELOPE.

Sale Number – 2010-48-01

Property – Former Pendleton Firing Range (SE Corner of SR 67 & SR 9) Pendleton, IN
(See attached EXHIBIT A in the Conditional Sales Agreement for the legal description)

By signing this certification and returning it to the Indiana Department of Administration, the
undersigned (“Bidder”) hereby certifies to the following:
1. Bidder acknowledges that Bidder has received and read the foregoing Sealed Bid Auction
Instructions/Terms/Conditions, and hereby agrees to same.
2. Bidder acknowledges that by submission of this bid, Bidder is making an irrevocable offer for
the contract to purchase the Auction Property described or referred t in the foregoing Sealed Bid
Auction Instructions/Terms/Conditions.
3. Bidder understands that the terms and rules of the Auction will be strictly enforced and that
there will be no exceptions.
4. Bidder understands that the TOTAL PURCHASE PRICE is a combination of Bidder’s Written
High Bid Amount (below) and a 10% Buyer’s Premium (below), as detailed below.
5. Bidder understand that if he/she is the high bidder, Bidder will be required to sign the
Conditional Sales Agreement upon such notice from the Vendor of being declared the high
bidder. Bidder agrees to complete, sign, and return the Conditional Sales Agreement along with
the 10% Earnest Money check within five (5) working days after notification of being the high
bidder.
6. Bidder has examined the proposed agreement of purchase and sale given to him/her as par of
the Bid Package and understands that it is a legally binding contract and is not contingent upon
financing or anything else.
7. The person(s) submitting this bid swears and affirms that he/she has been duly
authorized to execute this bid on behalf of the bidder and has obtained all necessary or
applicable approvals to make this bid fully binding upon the bidding entity when his/her
signature is affixed.
************************************************************************
 A. Written High Bid Amount          $_________________________________________

B. Plus 10% Buyer’s Premium       $_________________________________________

C. TOTAL PURCHASE PRICE $___________________________(Sum of “A” and “B”)
************************************************************************
Bidder understands that this written bid is irrevocable and will be subject to acceptance by the
Seller (if at all) on May 20, 2010. If this bid is accepted, this Sealed Bid Certification Form, and
sealed bid Auction Instructions/Terms/Conditions mentioned above, shall constitute a contract
between Bidder and the State of Indiana.

Bidder’s Name:___________________________________________________________

Bidder’s Address:__________________________________________________________

Bidder’s Phone:_______________________             Bidder’s Fax:_________________________

Bidder’s E-mail:________________________________________

Bidder’s Signature: X____________________________________ Date:__________________
                            Conditional Sales Agreement
WITNESSETH THIS AGREEMENT dated _______________, 2010, by and between THE
STATE OF INDIANA acting through the Indiana Department of Administration, (“Seller”) and
____________, (“Buyer”).
In consideration of this Agreement, Seller and Buyer agree as follows:
1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the
following property (collectively, “Property”):
          1.1    Real Property. The real property commonly known as
                 _________________________, ______________ County, Indiana described on
                 the attached Exhibit A (“Land”) together with all buildings, improvements and
                 fixtures constructed or located on the Land (“Buildings”) and all easements of
                 record and rights benefiting or appurtenant to the Land (collectively the “Real
                 Property”).
          1.2    Personal Property. No personal property is being sold or conveyed as a part of
                 this Purchase Agreement.
2. Purchase Price, Buyer’s Premium, and Manner of Payment. The total purchase price
(“Purchase Price”) to be paid for the Property shall be _______________ Dollars
($__________). The Purchase Price shall be payable as follows:


          2.1    In conjunction with execution of this Agreement (the “Execution Date”), Buyer
                 shall submit ____________ Dollars ($__________) to Seller as earnest money
                 (“Earnest Money”). In the event this Agreement is not accepted by Seller, the
                 Earnest Money shall be promptly returned to Buyer. Upon acceptance of this
                 Offer by Seller, such Earnest Money shall secure the Buyer's performance of this
                 Agreement and in the event of a default by Buyer in the performance of its
                 obligations herein specified, Seller shall have the right to terminate this
                 Agreement and the Earnest Money shall be paid to Seller as liquidated damages
                 as Seller’s sole remedy at law or in equity; and
          2.2    The balance of the Purchase Price, subject to adjustments as set forth herein,
                 shall be payable in certified funds or by electronic transfer of funds on the
                 “Closing Date” (as hereinafter defined).
          2.3    In addition to the Purchase Price, Buyer shall, at Closing as hereinafter defined,
                 pay Seller’s representative a 10% Buyer’s premium pursuant to the terms of a
                 separate addendum to this Agreement.
3. Contingencies and Inspection Period. The obligation of the Seller is contingent upon
approval of the transaction contemplated by this Agreement as required by IC 4-13-2-14.1, IC 4-
13-2-14.2 and IC 4-20.5-7.

          a.      Right to Enter. At any time after the Effective Date, Buyer and its representatives
          shall have the right to enter upon the Real Property at all reasonable times and during
          normal business hours (and after at least twenty-four (24) hours previous notice to
          Seller) for the purpose of its inspection of the Real Property and to make all such
          engineering, environmental and other tests and inspections of the Real Property as
          described in subsection b below to satisfy Buyer as to the condition of the Real Property.



Rev 3.0
       All such tests and inspections shall be at Buyer’s sole cost and expense. Any and all
       investigations and inspections conducted with respect to the Property will be certified to
       both Buyer and Seller and Seller shall be entitled to receive, free of charge, a copy of
       each and every report or communication prepared in conjunction with such
       investigations and inspections. In the event Buyer does not purchase the Real Property
       for any reason other that Seller’s default, in addition to any other remedy set forth in this
       Agreement, Buyer agrees to repair within a commercially reasonable time following
       termination of this Agreement any and all damage to the Real Property arising or
       resulting from such inspection by Buyer or its representatives, and in all events, Buyer
       shall defend, indemnify and hold Seller harmless from all claims arising or resulting from
       such inspection or from the entry of Buyer or its representatives onto the Real Property
       for any purpose. The obligations of Buyer under this Section 6a shall survive the
       termination of this Agreement.

       b.      Conditions Precedent to Buyer’s Obligations. Buyer’s obligations under this
       Agreement are subject to Buyer’s testing, inspection and review of the Real Property
       and to Buyer’s determination that the Real Property are suitable for Buyer’s intended use
       thereof.

       c.      Duration of Inspection Period/Termination of Agreement. Buyer shall have from
       the Effective Date until thirty (30) days, unless extended by a mutual agreement
       between Buyer and Seller, after acceptance of this Agreement by the Seller (the
       “Inspection Period”) to complete its inspection of the Real Property and satisfy itself (or
       waive) as to the conditions precedent set forth in subsection b above. At any time prior
       to 5:00 p.m., Indianapolis, Indiana time, on the last day of the Inspection Period, Buyer
       may notify Seller in writing that this Agreement is terminated due to the results of Buyer’s
       inspection of the Real Property as provided in this Section. Upon Seller’s receipt of
       notice of termination prior to the end of the Inspection Period, this Agreement shall be
       terminated, and except for those matters which, as expressly provided herein, survive
       the termination of this Agreement, neither party shall have any obligations under this
       Agreement, and the Earnest Money shall be promptly returned to Buyer. If Buyer does
       not notify Seller in writing of its election to terminate this Agreement on or before the
       expiration of the Inspection Period, this Agreement shall become firm and no longer
       contingent upon Buyer’s inspection and review of the Real Property.

4. Closing. In the event that Seller has accepted this Agreement and the parties proceed to
closing, the closing of the purchase and sale contemplated by this Agreement (the “Closing”)
shall occur within thirty (30) days following State approval as set forth above (the “Closing
Date”) unless extended by mutual agreement of the parties. The Closing shall take place at a
time, place, and on a date agreeable by Seller and Buyer. The Buyer will be responsible for title
fees, escrow fees, and costs charged by the company with whom the earnest money is
deposited as outlined in Section 5.1.
       4.1     Seller’s Closing Documents. On the Closing Date, Seller shall have executed
               and delivered or caused to be delivered to Buyer the following (collectively,
               “Seller’s Closing Documents”), all in form and content reasonably satisfactory to
               Buyer:
               4.1.1   Deed. A Quitclaim Deed conveying the Real Property to Buyer, an
                       exemplar of such Quitclaim Deed is attached hereto as Exhibit B.



                                                2
               4.1.2   Documents. Copies of all contracts, permits and warranties affecting the
                       Property that will survive the Closing, if any.
               4.1.3   Sales Disclosure Form. An Indiana sales disclosure form.
               4.1.4   Other Documents. All other documents reasonably determined by Buyer
                       to be necessary to transfer title to the Real Property to Buyer free and
                       clear except Permitted Exceptions to Title.
       4.2     Buyer’s Closing Documents. On the Closing Date, Buyer will execute and deliver
               to Seller the following (collectively, “Buyer’s Closing Documents”):
               4.2.1   Purchase Price. Funds representing the Purchase Price, by electronic
                       transfer of immediately available funds.
               4.2.2   Assumption of Contracts, Permits, Warranties and Miscellaneous
                       Documents. An Assumption of Contracts, Permits and Warranties, if any,
                       assuming Seller’s obligations under such documents.
               4.2.3   Sales Disclosure Form. An Indiana sales disclosure form.
               4.2.4   Other Documents. All other documents reasonably determined by Seller
                       or Title Company to be necessary to complete the transaction
                       contemplated by this Agreement. Including a Vendor Information form
                       required by the State of Indiana Auditor’s Office, an exemplar of such
                       Vendor Information form is attached hereto as Exhibit C.
5. Allocation of Costs. Seller and Buyer agree to the following allocation of costs regarding this
Agreement:
       5.1     Title Insurance and Closing Fee. Buyer shall be solely responsible for the
               payment of all premiums and fees associated with title insurance, including any
               and all closing fees or recording charges. Buyer shall be responsible for
               payment, at or before Closing, of search fees charged by the title company from
               whom Seller obtained a preliminary title review and commitment. Unless waived
               by the title company, said closing fees shall be payable by Buyer whether or not
               Buyer obtains a policy of title insurance.
       5.2     Taxes and Assessments. The Property being conveyed is owned by the State of
               Indiana and is exempt from all real property taxes. The Seller shall assume no
               responsibility or liability for any real property taxes or other assessments from
               which it is statutorily exempt. Buyer shall be solely responsible for, and
               indemnify Seller against, any and all real property taxes assessed with respect to
               the Real Property on or after Closing.
       5.3     Utilities. Seller shall either ensure that utility service to the Real Property is
               disconnected as of the Closing Date or shall cooperate with Buyer in having such
               utility services transferred to Seller’s account. All contracts relating to operating
               the Real Property shall be canceled as of the Closing Date.
       5.4     Attorney’s Fees. Each of the parties will pay its own attorney’s fees.
6. Evidence of Title. In the event that Buyer does not order and receive a commitment for title
insurance, Seller shall, at its expense, within ten (10) days after written request from Buyer,
furnish to Buyer a copy of the documents by which the State obtained or otherwise holds title or
a letter from the State Land Office describing the documents by which the State obtained and
otherwise holds title. Seller will cooperate with the Buyer or its title company in clarifying or
resolving any perceived deficiencies or clouds in the title, but shall not be required to incur any

                                                 3
expense beyond commitment of the time of the State Land Office. If such issues cannot be
resolved to Buyer’s satisfaction, Buyer may terminate this Agreement, and the Earnest Money, if
any, shall be returned.
7. Maintenance of the Real Property Prior to Closing. During the period from the date of
Seller’s acceptance of this Agreement to the Closing Date, Seller shall maintain the Property in
a reasonably prudent manner. Seller shall execute no contracts, leases or other agreements
regarding the Property between the date hereof and the Date of Closing that are not terminable
on or before the Closing Date, without the prior written consent of Buyer, which consent may be
withheld by Buyer at its sole discretion.
8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as
follows:
       8.1     Existence; Authority. Seller has the requisite power and authority to enter into
               and perform this Agreement and to execute and deliver Seller’s Closing
               Documents; such documents have been duly authorized by all necessary action.
       8.2     Contracts. Seller has made available to Buyer a correct and complete copy of
               any Contract and its amendments which will survive a closing hereunder, if any.
       8.3     Operations. Seller has received no written notice of actual or threatened
               cancellation or suspension of any utility services for any portion of the Real
               Property. Seller has received no written notice of actual or threatened special
               assessments or reassessments of the Real Property.
       8.4     Litigation. To Seller’s knowledge, there is no litigation or proceeding pending or
               threatened against or relating to the Real Property, nor does Seller know of or
               have reasonable grounds to know of any basis for any such action or claim.
       8.5     Physical Condition. Seller makes no representation or warranty concerning the
               physical condition of the Property and puts Buyer to the obligation to satisfy itself
               pursuant to the contingency contained in Section 3 above.
9. Casualty; Condemnation. If all or any part of the Property is materially damaged by fire,
casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and
Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by
giving notice within thirty (30) days after Seller’s notice. If eminent domain proceedings are
threatened or commenced against all or any part of the Real Property, Seller shall immediately
give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive
back all Earnest Money by giving notice within thirty (30) days after Seller’s notice. Termination
of this Agreement and return of all Earnest Money are Seller’s sole remedies
10. Notices. Any notice required or permitted hereunder shall be given by personal delivery
upon an authorized representative of a party hereto; or if mailed by United States certified mail,
return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed
notice; or if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
       If to Seller:                 Commissioner
                                     Indiana Department of Administration
                                     402 W. Washington St., W479
                                     Indianapolis, IN 46204




                                                 4
               With Copy to:         Attorney General
                                     Office of the Indiana Attorney General
                                     302 W. Washington St.
                                     Indianapolis, IN 46204

       If to Buyer:



               With a Copy to:



Notices shall be deemed effective on the date of receipt. Any party may change its address for
the service of notice by giving notice of such change ten (10) days prior to the effective date of
such change.
11. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement, and are not to be considered in interpreting
this Agreement. This written Agreement constitutes the complete agreement between the
parties and supersedes any prior oral or written agreements between the parties regarding the
Real Property. There are no verbal agreements that change this Agreement, and no waiver of
any of its terms will be effective unless in a writing executed by the parties. This Agreement
binds and benefits the parties and their successors and assigns. This Agreement has been
made under the laws of the State of Indiana, and any suit must be brought in an Indiana court of
competent jurisdiction.
12. Remedies. If Buyer defaults, and if Buyer fails to cure such default within ten (10) days of
the date of notice of such default from Seller, then Seller shall have the right to terminate this
Agreement by giving written notice of termination to Buyer. In the event of termination Seller will
receive the Earnest Money as liquidated damages, time being of the essence of this Agreement.
The termination of this Agreement and retention of the Earnest Money will be the sole remedy
available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific
performance. Buyer’s sole remedy for any default by Seller shall be termination of this
Agreement and return of the Earnest Money.
13. Buyer’s Examination. Buyer is relying solely upon its own examination of the Real Property
and inspections in determining its physical condition, character, and suitability for Buyer’s
intended use of the Real Property and is not relying upon any representation by Seller or any
broker, except for those made by Seller directly to Buyer in writing in Exhibit D, which is
attached to this agreement. Buyer agrees and acknowledges that it is accepting the Real
Property “AS IS” subject to all faults of every kind and nature whatsoever, whether latent or
patent, and whether now or hereafter existing, and Buyer acknowledges that it has based its
decision to purchase the Real Property solely upon information obtained independently by
Buyer. Buyer shall sign a Hold Harmless Affidavit, an exemplar of such Hold Harmless
Affidavit is attached hereto as Exhibit E. Buyer shall acquire the Real Property subject to all
laws imposed upon the Real Property by any governmental or quasi-governmental authority
having jurisdiction thereof. Buyer represents and warrants to Seller that Buyer has not relied,
and will not rely, upon the representation or statement, or the failure to make any representation
or statement, by Seller or Seller’s agents, employees or by any person acting or purporting to
act on the behalf of Seller with respect to the physical condition of the Real Property.
14. Compliance with Telephone Privacy. As required by IC 5-22-3-7:


                                                 5
        (1) the Buyer and any principals of the Buyer certify that (A) the Buyer, except for de
minimis and nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone
Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations] , or (iii) IC 24-5-14
[Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365)
days, even if IC 24-4.7 is preempted by federal law; and (B) the Buyer will not violate the
terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal
law.
        (2) The Buyer and any principals of the Buyer certify that an affiliate or principal of the
Buyer and any agent acting on behalf of the Buyer or on behalf of an affiliate or principal of
the Buyer (A) except for de minimis and nonsystematic violations, has not violated the terms
of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is
preempted by federal law; and (B) will not violate the terms of IC 24-4.7 for the duration of
the Contract, even if IC 24-4.7 is preempted by federal law.

15. Withdrawal of Offer. This Agreement shall be deemed to be withdrawn, unless accepted by
Seller, after one-hundred-fifty (150) days of delivery to Seller. In the event of a withdrawal
under this section, Buyer shall be entitled the return of the Earnest Money.


16. Additional terms.

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

17. Non-Collusion and Acceptance. The undersigned attests, subject to the penalties for
perjury, that he/she is the Buyer, or that he/she is the properly authorized representative, agent,
member or officer of the Buyer, that he/she has not, nor has any other member, employee,
representative, agent or officer of the Buyer, directly or indirectly, to the best of the
undersigned’s knowledge, entered into or offered to enter into any combination, collusion or
agreement to receive or pay, and that he/she has not received or paid any sum of money or
other consideration for the execution of this Real Property Purchase Agreement other than that
which appears upon the face of this Agreement.


In Witness Whereof, Buyer and the Seller have, through their duly authorized representatives,
entered into this Real Property Purchase Agreement. The parties, having read and understood
the foregoing terms, do by their respective signatures dated below hereby agree to the terms
thereof.




                                                  6
BUYER:




   Printed Name
   Title


BUYER SHALL TAKE TITLE OF THE PROPERTY AS FOLLOWS:



BUYERS PRIMARY ADDRESS:
_____________________________________________________________________________________



SELLER:

State of Indiana acting through the Indiana Department of Administration.




By
For:




                                               7
                                    EXHIBIT A
                                Legal Description


BEING PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 29, TOWNSHIP 18 NORTH, RANGE 7 EAST, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 532 FEET WEST OF THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 7
EAST, RUNNING THENCE WEST 554 FEET TO THE CENTER LINE OF STATE
ROAD 9, THENCE TURN ANGLE TO RIGHT 107 DEGREES AND 30 MINUTES, AND
MEASURE ON AND ALONG STATE ROAD 9, 627 FEET TO THE CENTER LINE OF
STATE ROAD 67; THENCE TURN ANGLE TO RIGHT 39 DEGREES AND 6 MINUTES
AND MEASURE ON AND ALONG THE CENTER LINE OF SAID STATE ROAD 67, 275
FEET; THENCE SOUTH 775 FEET TO THE PLACE OF BEGINNING. CONTAINING
6.56 ACRES, MORE OR LESS. SUBJECT TO TRANSMISSION LINE EASEMENT
RECORDED IN MISCELLANEOUS RECORD 35, PAGE 446; NATURAL GAS
PIPELINE EASEMENT RECORDED AS INSTRUMENT NUMBER 9905671;
ASSIGNMENT OF PANHANDLE EASTERN PIPE LINE COMPANY TO INDIANA GAS
COMPANY, INC IN BOOK 264 PAGE 512-522; AND DRAINAGE UTILITY EASEMENT
RECORDED AS INSTRUMENT NUMBER 2005005656.

Property Address: SE corner of State Road 67 and State Road 9, Pendleton, IN 46064




                                         8
                                                EXHIBIT B

                                           QUITCLAIM DEED

         THIS INDENTURE WITNESSETH, that the STATE OF INDIANA, acting through the Governor
of the State of Indiana and the Commissioner of the Indiana Department of Administration, or their
respective designees, and by the authority of Indiana Code 4-20.5-7-11, RELEASES and QUITCLAIMS
to:




for good, valuable, and sufficient consideration, receipt of which is hereby acknowledged, the real property
located in ______________County, Indiana and more fully described on Exhibit A, attached hereto and
incorporated fully herein.

Subject to all existing legal rights-of-way, easements, conditions, and restrictions of record.

IN WITNESS WHEREOF, the undersigned have executed the foregoing Quitclaim Deed on behalf of the
State of Indiana this ________ day of _____________ 2010.




____________________________________
David L. Pippen, Designee for
Mitchell E. Daniels, Jr. Governor

State of Indiana )
                            )        ss:
County of Marion            )

Before me, a Notary in and for said County and State, personally appeared David L. Pippen, designee of
the Governor of Indiana pursuant to IC 4-20.5-7-17 (b), and acknowledged execution of the foregoing
Quitclaim Deed this ________ day of ___________ 2010.

Notary signature: ___________________________________

Notary name printed: ________________________________

My commission expires: __________________               I reside in _______________ County




                                                       9
____________________________
Anthony Green, Designee for
Mark W. Everson, Commissioner
Indiana Department of Administration

State of Indiana )
                           )        ss:
County of Marion           )

Before me, a Notary in and for said County and State, personally appeared Anthony Green, designee of the
Commissioner, Indiana Department of Administration, and acknowledged execution of the foregoing
Quitclaim Deed this ________ day of ___________ 2010.

Notary signature: ___________________________________

Notary name printed: ________________________________

My commission expires: __________________             I reside in _______________ County


Approved as to form and legality:


__________________________________                    Date: ______________________
Gregory F. Zoeller, Attorney General


Send tax bills to: same address above

Filed in Indiana State Land Office:




This instrument prepared by Tim A. Grogg Esq. (Attorney No. 7316-03), Legal Counsel, Indiana
Department of Administration, 402 West Washington Street, W 479, Indianapolis, IN 46204. I affirm,
under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in
this document, unless required by law. ____________________________________




                                                     10
                                                             EXHIBITC 

                                             Vendor Information Form
                                                                                                    NIIJ1le and tdepiloae Damber ortlle Penon who completed Ws
                                                                                                    dlle1lment must be provided.
              Vendor Information                                                                                 _______________________________




                                                                                                    N
                                                                                                         ~
                                                                                                             :
              Stile Porm 53788 (12.08)
              Approved by Audllor of'Swe, 2008                                                      ~Td~h~Nwmm:                     __________________
              Approved by S_ Bo.m of A_II, 2008

       SeDd com leted form to Auditor of State 240 StateholU 200 W. Washln                                                                             23+1916
Legal Name (OWNEROF 1HE BIN OASSN.AS NAME APPEARS ON YOUR TAX R£TURN. DO NOT ENTER nm BUSINESS NAME OF ASOLBPROPlUETOltSHlP ON TH1SLINIl.)

Trade Name (Doing Business as Name DIBIA) (Complete only ifpayment is to be made payable to the DBA name)

RanitAddress

Purchase Order Address - Optional


Enter ,-digit Taxpayer Ideu.tlfieatioD Number (TIN) ofthe legal name:
tsSN-socioISeuriIJ NIdIbu,EUPSm{'l_I4nlifi",,1ioo   1'1_""                                                         EIN _ _ _ _ _ _ _ _ _
            (Individual's SSN) __                                                                 or
Cheek legal entity type (A box must be cheeked in this seetion. Cheek oDly one box.)
o Individual 0 Sole Proprietorship             0 Partnership                 .
o Estate I Trust Note: Show above,. the name and number ofthe legal trust, or estate, not personal representatives
o Other [Limited Liability Company (LLC) (attach IRS Form 8832 ifapplicable), Joint Venture, Club, etc.]
o Corporation Do you provide legal or medical services? 0 Yes 0 No
o Government (or Government operated entity)                                                 .
o Organization Exem from Tax under Section 501 a

SECI10N 1: AV'IlIORIZAnON
A£cording to Indiana law, your signature below aut!wrizes the transfer ofelectronic funds under the following terms:
AccountHDlder's Name:                                                                      Account Number: ______________________

     of Account:
     SECI'ION 2: Jl'JNANCIAL INSTITVTION'S APPROVAL(Attacb a voided check or have yoar ftaandal institution complete this seclioa)


     The financial illstitution identified below agrees to aceept automated deposits under the tenus set fOIth herein:

     NmooofYmmci&LMtiM~              _________________________________________                                                                ~   _ _ _ _ ___


     Telephone: (             J..)_ _ _ _ _ _ _ _ _ _ _ _ __




     Address:
                             Nwmm and Street. and/or P.O. Box No,                                       Financial Institution's Authorized Signature


                             City, State, and Zip Code (OOOO~OOO)


                              ABA. TIlIIl&it-Routing Number

SECI'ION 3: ELECfRONlCNOlmCATION OF ELECTRONlC FUND TRANSFER(EFl")DEPOSITS
(Complctt 1his section ouly if)'tlllaH> reqnesting e1ectronienolifiealioD. You mayprovide up to t..... email ~.)
lheieby ~that all fUture noticcll ofEFT d~i1s to the bank: account specified above be sentto'the following email addresses:




I agree to provisions contained on the reverse side of this fonn.
NAME(printorTypc) _____________________________ TITLE__________________________

AUfHOIUZIID SIONATURB                                                                         DATE                                PHONE
                                                                                                EXHIBIT liD"

                                                               Pendleton Firing Range Surplus Site, Madison County

                                The Pendleton Firing Range surplus site is a 6.5 acre property located at the southeast .
                                intersection of State Road 9 and State Road 67IUS 36 just south ofthe town of Pendleton.

                                                                Due to the historical use ofthe site, lead contamination on the property is
                                                                a certainty and the primary environmental concern.
                                                                The nearest significant body of water is Fall Creek which is located
                                                                approximately 0.5 miles to the northwest ofthe site.
                                                                The Town ofPendleton is service by the Pendleton Water Works which
                                                                has four (4) wells in two separate wellfields approximately 1.25 to 1.75
                                                                miles northeast of the site. The Town of Ingalls has six (6) weils adjacent
                                                                to and near Fall Creek approximately 0.5 to 1 mile from the site. The .
                                                                Idlewold Country Club has a single well adjacent to Fall Creek
                                                                approximately 0.5 miles from the site. The Indiana State PoliceIPendleton
                                                                District has a single well approximately 1 mile to the southwest ofthe site.
                                                                A restaurant (Top Notch Cafe) has a single well immediately across the
                                                                street from the site. The site lies outside ofthe 5- and lO-year time of
                                                                travel for the municipal wellhead protection areas .
                                                             . Nearby facilitieslbusinesses with information in an IDEM database
                                                                include: The Post Truck Stop with an underground storage tank: (UST),
                                                                adjacent to/across the street from the site; Crawford Petroleum with a
                                                               leaking upderground storage tank (LUST), acrosS the street from the site;
                                                                the Pendleton Correctional Industrial Complex (RCRA and UST), which
                                                                is a large facility that extends from approximately 0.25 miles southwest of·
                                                                the site to approximately 1.25 miles southwest ofthe site; the Indiana
                                                                State Police Post (LUST), approximately 1.25 miles southwest of the site.·
                                               -.               Additionally, there are two unlmown businesses immediately to the
                                                             , northeast ofthe site. Agricultural fields are located immediately to the
                                                                east There are residential subdivisions. located approximately 0.33 miles
                                                                to both the north and south. Other single residential homes·are located­
                                                                less than 0.25 mile to the north/northwest.
                                                                Based on a review of IDEM's databases, on-site lead contamination is
                                                                undoubtedly.present and should be considered an environmental liability. .
                                                                Thereaie no known.releases of lead·frpmtbis.site that have b.een , .
                                                             . ,identified bff':-site. There is also thepoiei1tial'that off-site Containirulti~~, ,
                                  .,   :   .                 •. froni,the:ne~y.:underground storage,tapk'at1heCrawford::{)~tr.ol~u#t:':,:, '.. ,."
                                                    ,   .'

                                                              =~~!~t!:~~~~~:;~~~~~~>'
                                                                                                                                 .'   .'
                                                                                                                                                              .
          ;:'   :
                            ,   .,'.   .

                                                                                                                                           .'.::'... :   ",




                                                                                                                    ..... .
     .    ",    '.                                                   "


                                                                         .
                                                                              ..;,

                                                                             .~   .",   .~" .
                                                                                                               ",




,- ....   ,"         :"".
:'~""'I""''''':l:lj :f~!.''''':~ ~·I~.\':!"~r':~:~"1"":}·:J:'(:~~~:,!,.~ j:.':!;:',,;::: r~w~.~.·~~<:':1~":".~.\·r:l".'!': ~.,,~;,..,..·lt·t:~r.':1:,-:':".I·!v.o~}:'r:".'r/~}."t:'#"·~I~""'>;".~:"'~·;"'!:~o:.:~.,.,~.",;,;:",.~Va.=~'l~>:-:\'~~-:-.~'f1.""~I~I.!..:::",.:,::.'·I".::rNj'1l~-:;::"\': ;':',' ;t-·.·:·.,·:··,·:....•.••...." ..,,:~~~.·,''"t·:,..,.f.....~,...·, ...·:·,,·cc <t.",..,.,.,......."':""'" 1~"':.'I"l """,.., '.' "'.'.'~".:-O ':7.' ".,.:'."I·.'··"~·,.::"·.··"·~·:.W:,,,..-r:. . .·".',,.. .'.,.~. .,·.,,'>';".·.1"~:t ,~~":I't.,.>:',...."":.-r.••."_.....,.,;T.·:~~~""......>::-:.>""'~.:'I'<'('....'n..,.~fo'."'\T......~,..:~~.,.~,..........,.,""' •• <_..P·"'~";"t',,-n,.\..."'>m/ffl'lC.-r.~.......,"....:.,,'Tr..'T1T...." ......_, 




                                                                                                                                                                                          Site Location of Pendleton Firing Range 

                                                                                                                                                                                    Pendleton, Madison County, Indiana - (Detailed View) 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           P.c:4.......         .       as:& 





                        Property Info:
                        6.5 Acres
                        State of Indiana ParceIID'a:
                        48-14-29-100.000.000-013, 48-14-29-100-001.000-013

                                                                                                                                                                                                                                                                                                                                                                     Approximate Parcel Location                                                                                                                                                                           I Site VIdilitYJ                                                                        IMadison County I
                       This map 10 intended to serve as an aid In graphic
                       representation only. Thlo Information i. not IVlIrrented
                                                                                                                                                                                                                                             WeE          s
                                                                                                                                                                                                                                                                                                                                  D                                  Pendleton Corporate Limits                                                                                                                                                                                                                                         .~.




                       far accuracy or other purpose.



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   t::("." p~nd[eton ,.\
                        MappadBy: 

                        Mike Hill OffICe or Land Quality 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         "..
                        Dale:2l3l2010                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             .
                        Sources:
                        Non OrtbopbOIOgrapby                                                                                                                                                                                                                                                                                                            o                                      150                                     300 Feet
                       ~ - Obtained
                       0II'Ic:e Library
                                        from !he State d Indiana Geographic Information                                                                                                                                                                                                                                                                  I 'I                                     I
                                                                                                                                                                                                                                                                                                                                                                                                      I
                                                                                                                                                                                                                                                                                                                                                                                                                       ,
                                                                                                                                                                                                                                                                                                                                                                                                                            I
                                                                                                                                                                                                                                                                                                                                                                                                                                           I
                                                                                                                                                                                                                                                                                                                                                                                                                                                   I                                                                                                                                             ;O;~
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       .-1"" .....:; ~.t:.


                       OrtbPRhgtoaraphy - Obtained from Indiana Map Framework Date (2005)
                       (www.indlanamap.org) 

                                                                                                                                                                                                                                                                                                                                                        o                                             50                                        100 Meters
                         MaD P....lectlon: UTM Zone 16 N                                                              Map Datum: NAD83 

                                                                             OLQ Facilities Near Pendleton Firing Range 

                                        Pendleton, Madison County, Indiana - (Detailed Environmental View) 





PropQrIY Info:
6.5 Ar:ns
Stata of Indiana Pan:ellD'a:
48-1 4-29-100.000.000.Q13. 48-1 4-29·100.001.~13

                                                                                              Approximate Parcel Location                    SIte Vicinity   I   rM~diSon County I
ThI& mep Is Intended ~ SeMI as an aid in graphic
~                   only. This InfClmaUon Is notwarmnled
t\lr IICCIJI'8C)' or other PU!p0$6.
                                                                                        o     Pendleton Corporate Umits
                                            o              1.000           2,000 Feet
                                                                                        ...   RC~ (Resource Conservation and Recovery Act)
MapJMId By:
Mlke HIM. Ob of Lend Qua!ty
Dale:2l3l2010
                                            I i'           I
                                                               J   !
                                                                       I     I

Sources:                                 o           250        500 Meters              •     UST/L (Leaking Underground Storage Tank)
Non Ortllopllg!oqtJQby
Qm!. 0IlIaIned from the Stale of indiana Geogtaphlc Information
                                                                                        \I)   UST (Underground Storage Tank)
Off"", Library
Qr1I!ophotoq!l!!i!hy • Obtained frOm Indiana Map Framewark Data (2005)
(www.lndianamap.org)
 MalLl'rolectlon: UThi Zone 16 N Mlp Datum: NADS3
                                                                                 w*_
                                                                                  •
                                                                       Site Location of Pendleton Firing Range 

                                                            .I. ~IlUI.~"Ull, Madison County, Indiana - . .   .,; iiiu, . <:,
    .   )            »jI   LW.· .    l.   u                           ;   )   L ·ft··,.... ,
                                                                                        :C;;:'5   df       C·Ii t C         0,.1129            i::;:::;&}}UiHt:::::=..h?!ii; I                 zzu::::::y Ii   i     ,i   ~   I 1   j   01




Property Info:
6.5 Acres 

SIa1a of Indiana Parcal 1D'a: 
                                                                                                                                                        rsi;~                   I MadiSO~ CO~~tY I
48-14-29-100.(l60.DOO-013, 49-14-29-100-061.000.013


iltia map is intended 10 aerva as an aid in graphic
~ only. ThIs Infolmatlon Is not warranted                                         WeE
                                                                                                       o
                                                                                                       II       II
                                                                                                                     Approximate Parcel Location
for aca.raey or oIher pc.!IpOSEI.                                                  s                                  Pendleton Corporate Limits
Mapped By:
Mike HI., 0I!ic8 of land Quality
tla18:2131.2010
SouI'C8ll:                                                                                                  a                   1,500                            3,000 Feet
NoP Qrthopbgtggraphy
~.       Oblsined from lIle Stale of Indiana Geographic InfonnBllon                                         I          'I         I
                                                                                                                                       I
                                                                                                                                           ~                        f
Offi<:&l.ibralY
Ii,,"map Inf9!!Da!lpn:. Digitai USGS 7.S'Topographic: QU8dlBngl&                                            o                         SOD                               1,000 Meters
"'lID   Prolection: UlM Zone 16 N MaD Datum: NAD83
    FIELD        VALUE
PGM SYS ID        11585
PRIMARY NA   Post Truck Stop
  PROGRAM          UST
SUB PROG T         LIST
FEATURE IN    Access Point
   EASTING     606541.782
  NORTHING    4426639.908
HORIZONJAl          1
LOCATION A    Sr67 & Sr9
 CITY NAME        Null
POSTAL COD     2/11/2026
DATA COLLE    11/21/2005
 COLLECTOR       IDOH
'-;i .","' ,~.,"".",,,,,




                             FIELD            VALUE
                           PGM SYS ID          12349
                           PRIMARY NA   Indiana State Police
                            PROGRAM              UST
                           SUB PROG T           USTIL
                           FEATURE IN      Access Point
                             EASTING       604957.7738
                            NORTHING       4425543.384
                           HORIZONTAL             1
                           LOCATION A      9022S Sr67
                            CITY NAME            Null
                           POSTAL COD         2111/2026
                           DATA COLLE        11121/2005
                           COLLECTOR            IDOH
  FIELD                 VALUE
PGM SYS ID                18571
PRIMARY NA   Correctional Industrial Complex
 PROGRAM                   UST
SUB PROG T                 UST
FEATURE IN                Center
  EASTING              605283.36
 NORTHING              4425926.06
HORIZONTAL                  14
LOCATION A      5124 W Reformatory Rd
 CllY NAME                 Null
POSTAL COD              2/11/2026
DATA COLLE               8/5/2003
COLLECTOR             BDAVENPO
-,--­




            FIELD            VALUE
        PGM SYS tD            19629
        PRIMARY NA    Crawford Petroleum Inc
          PROGRAM              UST
        SUB PROG T            UST/L
         FEATURE IN       Access Point
           EASTING         606511.631
          NORTHING        4426548.674
        HORIZONTAL              1
        LOCATION A         8449 S Sr9
         CITY NAME             Null
        POSTAL COD          2/11/2026
        DATA COLLE         11/21/2005'
        COLLECTOR             IDOH
                                                                                      ...     = ....
                                                                                              .. ,,=
_ , - . , - _ - , - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~~~~~,...,..",~.~~=_:_:_:cc:=_;_:,=.=c_:c.,,=
                                                                                           ....                 ...= .. ..........'
                                                                                                            ....= ....=.,,::;::.:::-'::': "

                                                                                                   -~.,,:::'":




                FIELD                      VALUE
            PGM SYS ID                 IND985047711
            PRIMARY NA          CORRECTIONAL IND COMPLEX
             PROGRAM                       RCRA
            SUB PROG T                     RCRA 

            FEATURE IN 
                Access Point

              EA~
             NOR
                                        604481.9955
                                        4425558.994
            HORIZONTAL                       1
            LOCATION A           5124 W REFORMATORY RD
             CITY NAME                  PENDLETON
            POSTAL COD                   46064-0600
            DATA COLLE                      Null 

            COLLECTOR 
                     Null
                                           EXHIBIT E
                                     Hold Harmless Affidavit
STATE OF INDIANA                  )
                                  )SS:
COUNTY OF                         )

                                          AFFIDAVIT

        Comes now the Affiant(s), _ _ _ _ _ _ _ _ _ _ _ _---", and swear and
affirm to the following:.

         1)        That the above Affiant(s) shall hold harmless and indemnify the
                   State ofIndiana and its agent Indiana Department of Transportation and
         accept
                   the property transfer through Quit Claim Deed without any Warrants and
         receive
                   property As-Is.


         SUBSCRIBED AND SWORN TO THIS _ _----'DAy OF _ _ _ _ __
                   20



                                                               Affiant's printed name



                                                               Affiant's signature

State ofIndiana           )
                          ) SS:
Countr                    )

Subscribed and sworn to before me a Notary Public this ___ day of _ _ _ _ _--'
20   .




                                                               Notary Public

A Resident of _ _ _ _ _ _ _ Countr Indiana
My Commission expires: _ _ _ _ __

								
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