HomeMy WebLinkAboutPurchase Agreement - David & Kimberly Milligan - 2108 Mishawaka AvenuePURCHASE AGREEMENT
THIS AGREEMENT, entered into this day of Mal ph , 2017, by and between,
David P. & Kimberly J. Milligan, 2108 Mishawaka Ave., South Bend, Indiana 46615,
hereinafter referred to as the "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 to be
condemned 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 2108 Mishawaka Ave.
("Property") is in the best interest of the City and its future public safety needs; 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 Seventy Thousand Five Hundred Dollars ($70,500.00); and
WHEREAS, the Seller rejected the City's offer and countered with an offer of Eighty Five
Thousand Dollars ($85,000.00); and
WHEREAS, the Board, upon the determination that the additional Fourteen Thousand Five
Hundred Dollars ($14,500.00) countered by Seller was justified due to the uniqueness of the Properly
and the avoidance of litigation expenses associated with a potential condemnation action, accepts
Seller's offer of Eighty Five Thousand Dollars ($85,000.00); 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:
The City agrees to buy the Property located in St. Joseph County, Indiana:
Key No.: 018-6027-0745
for the sum of $85,000.00.
2. The City agrees to pay the purchase price and all closing and title commitment costs
to Seller at the time of closing. Seller may remain in possession of the Property until June 1, 2017.
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.
4. Seller, upon the approval of the City, may remove personal property affixed to the
Property prior to closing.
5. Seller agrees to leave the Property in "as in" condition, with the exception of the pre -
approved removal personal property until the date of possession.
6. The undersigned parties each hereby represent and warrant that they have been duly
authorized to enter into this Agreement on behalf of the respective organization for which they sign.
SELLER:
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David P. Mil:Ilghh & Izimberly J. Milligan
2108 Mishawaka Ave.
South Bend IN 46615
CITY OF SOUTH BEND
BY ITS BOARD OF PUBLIC WORKS
Gant, President
Elizabeth A. Maradik, Member
'111e/ 9�
Therese J. Dor , Member
Suzanna M. Fritzberg, Member
James A. Mueller, Member
ATTEST:
Linda M. Martin, Clerk
Board of Public Works
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
PROJECT:
Mishawaka Avenue
PARCEL:
0745 CODE: N/A
ROAD:
N/A
COUNTY:
St. Joseph
TO:
David P. Milligan & Kimberly J. Milligan
2108 Mishawaka Ave.
South Bend IN 46615
Tax Key No.: 018-6027-0745
The City of South Bend, acting through its Board of Public Works ("City") is authorized by Indiana law
to obtain your property and/or an easement across your property, for certain public purposes. The City
needs your property and/or an easement across your property for a planned construction of a fire station
and needs to take the property as described on the attached legal description.
It is our opinion that the fair market value of the property we want to acquire from you is $70,500 and,
therefore, the City offers you $70,500 for the above described property.
You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may
expect payment in full within ninety (90) days after signing the documents accepting this offer and
executing the warranty deed, grant and/or easement, and provided there are no difficulties in clearing
liens or other problems with title to the land. This offer may be revoked if you do not maintain the
property in substantially the same condition as the property was in at the time of this offer. Possession
will be required immediately after closing when payment shall be made in full. Personal property affixed
to the property may be removed prior to closing upon the prior approval of the City's agent.
The City will pay all closing costs associated with this transaction.
All contracts executed on behalf of the City are subject to availability of funds that have been previously
appropriated. [IC 5-22-17-51.
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
1. By law, the City is required to make a good faith effort to purchase your property.
2. You do not have to accept this offer and the City is not required to agree to your demands.
3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition
of your property, the City has the right to file suit to condemn and acquire the property in the
county in which the property is located.
4. You have the right to seek advice of an attorney, real estate appraiser, or any other person of your
choice on this matter.
5. You may object to the public propose and necessity of this project.
6. If the City files a suit to condemn and acquire your property and the court grants its request to
condemn, the court will then appoint three appraisers who will make an independent appraisal of
the property to be acquired.
If we both agree with the court appraisers' report, then the matter is settled. However, if either
of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial
to decide what should be paid to you for the property condemned.
8. If the court appraisers' report is not accepted by either of us, then the City has the legal option of
depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is
made with the coma, the City is legally entitled to immediate possession of the property. You
may, subject to the approval of the court, make withdrawals from the amount deposited with the
court. Your withdrawal will in no way affect the proceedings of your case in court, except that,
if the final judgment awarded you is less than the withdrawal you have made from the amount
deposited, you will be required to pay back to the court the amount of the withdrawal in excess
of the amount of the final judgment.
The trial will decide the full amount of damages you are to receive. Both of us will be entitled to
present legal evidence supporting our opinions of the fair market value of the property or
easement. The court's decision may be more or less than this offer. You may employ, at your
cost, appraisers and attorneys to represent you at this time or at any time during the course of the
proceeding described in this notice.
10. If you have any questions concerning this matter, you may contact us at:
City of South Bend
Department Community Investment
1300 N. County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
Attn: David Roles
This offer was made to owner(s):
David P. & Kimberly J. Milligan of St. Joseph County on Feb. 01, 2017 (Date)
of
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(Date)
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of Oil (Date)
Project: Mishawaka Avenue Parcel: 0745
If you decide to accept the offer of $70,500 made by the City, please sign your name below and
mail this form to the address indicated above. An additional copy of this offer has been provided for
your file.
ACCEPTANCE OF OFFER
I (We): David P. Milligan & Kimberly I Milligan
owner(s) of the above described property or interest in property, hereby accept the offer of $70,500 (**) made
by the City of South Bend, acting through its Board of Public Works on this 10" day of February, 2017,
LZ
Daviu r. wuuiFun
Printed Name
(**) $70,500 — Original Offer
14 500 — Administrative Settlement
$85,000 — Total Amount Due Seller
Date of possession: June 1, 2017.
Property taxes prorated to date of closing.
Initial (Owner) Initial (Buyer)
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1 IIIIVVI IY J. IVlllllMI
Printed Name
NOTARY'S CERTIFICATE
STATE OF \_, h )
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COUNTY OF p p" )
Subscribed and sworn to before me this day of ��CR. 2017
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CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
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Gary Gilot, President
Jaynes Mueller, Member
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Elizabeth Maradik, Member
Therese Doran, Wmber
Suzanna Fritzberg, Member
ATTEST:
11n a Martin, Clerk
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
March 21, 2017
David Relos
Department DCI
BPW Date March 28, 2017 Phone Extension 5836
Required Prior to Submittal to Board
Legal ® Attorney Name Michael Schmidt
Controller ❑ Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the Appropriate Item Type — Required for All Submissions
® Agreement ❑ Contract ❑ Proposal ❑ Addendum
❑ Professional Services ❑ Resolution
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ❑ C/O & PCA No. ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
n Other:
Required Information
Company or Vendor Name David & Kimberly Milligan
New Vendor
MBEM/BE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Amount of
J Yes U No Ll If Yes, Approved by Purchasing
] MBE ❑ WBE
Fire Station # 9
i� 111
Purchase Agreement & Uniform Acquistion Offer
Acquisition of property at 2108 Mishawaka Ave.
❑ Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment E-Verify, Iran etc.
Required For Chanqe Orders Only
Increase
Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Dispersal After Approval
Copy
Original
®
❑ BPW
®
❑ Michael Sch
❑
® David Relos