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Home My WebLink AboutPurchase Agreement - Paul & Mari Chamberlin - 2112 Mishawaka AvenuePURCHASE AGREEMENT THIS AGREEMENT, entered into this Altrdayof Lft( ' l , 2017, by and between, Paul M. & Mari A Chamberlin 2112 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 2112 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 Sixty Three Thousand Dollars ($63,000.00); 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 Twenty Two Thousand Dollars ($22,000.00) countered by Seller was justified due to the uniqueness of the Property 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.: 018-6027-0746 & 018-6027-074601 for the sum of $85,000.00 ("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. Seller may remain in possession of the Property for sixty (60) days after closing. 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. 4. Seller may remove personal property affixed to the Property, including all stoves, refrigerators, microwaves, and if they so choose, may remove the furnace, air conditioning unit, and alarm master control panel, at their expense, while they remain in possession of the property. 5. Seller agrees to leave the Property in secure and stable condition, with the exception of the pre -approved removal of the items in Paragraph 4 above. 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: Paul M. Chamberlin Mari A Chamberlin 2112 Mishawaka Ave. South Bend IN 46615 CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS 'ql� tl Gary A. Gilot, President k- c uu Elizabeth A. Maradik, Member Therese J. Dora , Member Suzanna M. Fritzberg, Member James A. Mueller, Member ATTE T: Linidd M. Martin, Cleric Board of Public Works UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER PROJECT: Mishawaka Avenue PARCEL: 0746/01 CODE: N/A ROAD: N/A COUNTY: St. TO: Paul M. Chamberlin & Mari A. Chamberlin 2112 Mishawaka Ave. South Bend IN 46615 Tax Key No.: 018-6027-0746 & 018-6027-074601 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 $63,000 and, therefore, the City offers you $63,000 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 5-22-17-5]. HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: 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 purpose 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. 7. 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 court, 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. 9. 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: This offer was made to owner(s): Paul M. & Mari A Chamberlin City of South Bend Department Community Investment 1300 N. County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn: David Relos of St. Joseph County on of on of of on on Feb. 08, 2017 (Date) (Date) (Date) (Date) Project: Mishawaka Avenue Parcel: 0746/01 If you decide to accept the offer of $63,000 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): Paul M. Chamberlin & Mari A. Chamberlin owner(s) of the above described property or interest in property, hereby accept the offer of $63,000 (**) made by the City of South Bend, acting through its Board of Public Works on this day of M Paul M. Chamberlin Printed Name (**) $63,000 — Original Offer 22 000 —Administrative Settlement $85,000 — Total Amount Due Seller Date of possession: 60 days after closing. Property taxes prorated to date of closing. Initial (Owner) Initial (Owner) Mari A. Chamberlin Printed Name NOTARY'S CERTIFICATE STATE OF \ ) SS: COUNTY OF v� Subscribed and sworn to before me this 1 day of ' 20 I CITY OF SOUTH BEND, INDIANA BOARD OF PPU/gBLIC WORKS Gary Gilot, President James Mueller, Member e]'4 I� tk Elizabeth Maradikk,, Member � Therese Doran, Member Suzanna Fritzberg, Member ATTEST: L-i 4a 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 Legal ❑ Attorney Name Michael Schmidt Controller El greater review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ C'hark tha Annrnnriata Itam Tvna — Ranuirarl fnr A/1 Ruhmiccinn.c ILI Agreement " Contract LJ Proposal U 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 ❑ Other: Required Information Company or Vendor Name Paul & Mari Chamberlin New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of I Yes ❑ No ❑ If Yes, Approved by Purchasing ] MBE ❑ WBE Fire Station # 9 EMS Operating 287-0902-422-42-01 $ 85,000 Purchase Agreement & Uniform Acquistion Offer Acquisition of property at 2112 Mishawaka Ave. ❑ Required Contractor's Certification Form Attached (Non - Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ or Dispersal After Approval Michael Schmidt David Relos (for closing)