Purchase Agreement - Vacant Resident Lot Adjacent to City Retention Basin at 36th Lot 38, South Bend

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1 PURCHASE AGREEMENT THIS AGREEMENT, entered into this ____ day of ____________, 2021, by and between, Eleanor E. Filipek, Trustee of the Eleanor E. Filipek Living Trust as established on July 31, 2006 “Seller,” and the City of South Bend, acting by and through its Board of Public Works (“Board”), a municipal corporation of the State of Indiana, hereinafter referred to as the “City.” WITNESSETH: WHEREAS, IC 32-24-1 establishes the procedures for the acquisition of property for certain public purposes by the City; and WHEREAS, the Board is empowered to carry out the provisions of said statute; and WHEREAS, the City has determined that the acquisition of Vac Lot 36th Lot 38, South Bend, IN 46615 (“Property”) is in the best interest of the City to incorporate this property with the City’s adjacent retention basin and for future projects; and WHEREAS, consistent with the statutory requirements of IC 32-24-1, the Board conducted two (2) appraisals of the Property and submitted an offer equal to the average of those appraisals in the amount of Eight Thousand Two Hundred and Fifty Dollars ($8,250.00); and WHEREAS, the Seller accepted the City’s offer; and NOW, THEREFORE, it is agreed by and between the parties hereto, and for and in consideration of the promises and the mutual covenants herein contained, as follows: 1. The City agrees to buy the Property located in St. Joseph County, Indiana: Parcel Number: 71-09-08-279-005.000-026 Tax ID: 018-5062-2184 Legal Description: LOT 38 BELMONT ADD Commonly Known As: VAC LOT 36TH LOT 38, SOUTH BEND, IN 46615 for the sum of $8,250.00 (“purchase price”). 2.The City agrees to pay the purchase price to Seller and to pay all closing and title commitment costs at the time of closing, which shall occur no later than sixty (60) days from the date of this Agreement. 3.Seller agrees to remove any and all liens which may exist on the Property at or prior to closing, including prorated real estate taxes up to the date of closing. 5.Seller agrees to leave the Property in secure and stable condition. 24th. August