HomeMy WebLinkAboutAward Bid - Sale of City Owned Properties - 111 and 117 Dundee Street - Eunice Delacruz1316 COUNTY-Crry BUILDING
227 W. JEFFEMN BOULEVARD
SO( Mi BENr). INDIANA 46601-1830
CITY OF SOUTI-1 BEND PETE BUTTIGIEG, MAY'_'M
BOARD OF PUBLIC WO11KS I
April 24, 2018
Eunice Delacruz
3102 W. Washington Street
South Bend, IN 46619
PHONE 574/235-9251
FAX 574/ 235-9171
RE: Bid Award — Sale of City -Owned Properties — I I I and 117 Dundee Street
Key Nos. 018-4059-2160 and 018-4059-2163
Dear Ms. Delacruz:
The Board of Public Works, at its meeting on April 24, 2018, approved the award of and the
Purchase Agreements for the above referenced properties in the amount of $830.00 each to
you. The advertising fees are $88.56, and the recording .and transfer fee will be $30.50. Please
remit a check to Community Investment, made payable to the City of South Bend, in the
amount of $1779.06 total.
Enclosed please fine the Purchase Agreements. Please sign the Agreements and return the
originals to our office.
Once this information has been submitted, the Quit Claim Deed will be recorded. We will
send you the original of the deed when it is returned fi-om. the Recorder's Office.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin
Enclosure
c: Andrew Netter, Community Investment
GARY A. GIL01' SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THE'R[_,SE J. DORAU
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement"), entered into this-Wday of April,
2018, by and between the Civil City of South Bend, Indiana, by and through its
contracting body, the Board of Public Works ("Seller") and Eunice Delacruz, 3102 W.
Washington Street, South Bend, IN 46619, in his/her individual capacity. ("Buyer")
(Each a "Party" and together the "Parties").
WITNESSETH:
WHEREAS, T.C. 3 6-1-11 establishes the procedure for the sale and rental of real
property owned by the City of South Bend; and
WHEREAS, the Board of Public Works (hereinafter referred to as the "Board") is
empowered to carry out the provisions of said statute; and
WHEREAS, the Board has determined that:
1. The highest and best use of certain real property owned by the City is by sale to
an abutting property owner;
2. The cost to the public of maintaining said real property owned by the City equals
or exceeds the established fair market value of said property;
3. It is economically unjustifiable to sell real property owned by the City in
accordance with the procedures set forth in I.C. 36-1-11-4, the
A. Seller has custody of and may maintain and dispose of all real property
owned by the City of South Bend, Indiana (the "City") pursuant to 1C. 36-1-11 ("Act").
B. Seller owns certain real property located in South Bend, Indiana, and more
particularly described in attached Exhibit A (the "Property").
C. Pursuant to the Act, Seller requested to advertise the sale of the Property
on November 14, 2017.
D. Pursuant to the Act and its advertisement on November 14, 2017, Seller
opened bids for the purchase of the Property at a public hearing on December 12, 2017.
E. Buyer was the highest and most responsive bid.
F. Seller desires to sell the Property to Buyer on the terms stated in this
Agreement.
THEREFORE, in consideration of the mutual covenants and promises in this
Agreement and other good and valuable consideration, the receipt of which is hereby
acknowledged, Buyer and Seller agree as follows:
1
1. PURCHASE OBLIGATION
A copy of this Agreement, signed by Buyer, shall confirm Buyer's offer to purchase the
Property for the sum of $ 83 0. A check in the aforementioned amount shall be delivered
to the following representative ("Seller's Representative") no later than
2018:
Linda Martin
Department of Public Works
City of South Bend
116 S. County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
2. PURCHASE PRICE AND EARNEST MONEY DEPOSIT
A. Purchase Price. The purchase price for the Property shall be Eight
Hundred Thirty Dollars ($ 830) (the "Purchase Price"), payable by Buyer to Seller as
mentioned above.
B. Earnest Money Deposit. No earnest amount shall be required.
3. ACCEPTANCE OF PROPERTY "AS -IS"
Buyer agrees to purchase the Property "as -is, where -is" and without any representations
or warranties by Seller as to the condition of the property or its fitness for Buyer's Use or
any particular use or purpose. Seller offers no such representation or warranty as to
condition or fitness, and nothing in this Agreement shall be construed to constitute such a
representation or warranty as to condition or fitness.
4. DISPUTE RESOLUTION
A. Forum. Any action to enforce the terms or conditions of this Agreement
or otherwise concerning a dispute under this Agreement will be commenced in the cow-ts
of St. Joseph County, Indiana, unless the Parties mutually agree to an alternative method
of dispute resolution.
B. Waiver of Jury Trial. Both Parties hereby waive any right to trial by jury
with respect to any action or proceeding relating to this Agreement.
5. TAXES
Buyer, and Buyer's successors and assigns, shall be liable for any and all real property
taxes assessed and levied against the Property with respect to the year in which the sale
occurred and for all subsequent years. Seller shall have no liability for any real property
2
taxes associated with the Property, and nothing in this Agreement shall be construed to
require the proration or other apportionment of real property taxes resulting in Seller's
liability therefor.
5. TITLE AND ABSTRACT COSTS
The Buyer agrees to pay all title and abstract costs involved in said transaction which it
shall desire or request.
G. COMMISSIONS
The Parties acknowledge that neither is represented by any broker in connection with the
transaction contemplated in this Agreement. Buyer agrees to indemnify and hold Seller
harmless from any claim for commissions in connection with the transaction
contemplated in this Agreement.
7. INTERPRETATION; APPLICABLE LAW
Both Parties having participated fully and equally in the negotiation and preparation of
this Agreement, this Agreement shall not be more strictly construed, nor shall any
ambiguities in this Agreement be presumptively resolved, against either Party. This
Agreement shall be interpreted and enforced according to the laws of the State of Indiana.
8. ENTIRE AGREEMENT
This Agreement embodies the entire agreement between Seller and Buyer and supersedes
all prior discussions, understandings, or agreements between Seller and Buyer concerning
the transaction contemplated in this Agreement, whether written or oral.
9. BINDING EFFECT; COUNTERPARTS; SIGNATURES
All the terms and conditions of this Agreement will be effective and binding upon the
Parties and their successors and assigns at the time the Agreement is fully signed by
Buyer and Seller. This Agreement may be separately executed in counterparts by Buyer
and Seller, and the same, when taken together, will be regarded as one original
Agreement. Facsimile signatures will be regarded as original signatures.
10. AUTHORITY TO EXECUTE
The undersigned Parties executing and delivering this Agreement represent and certify
that they are the duly authorized and fully empowered to execute and deliver this
Agreement.
[Signatures on Following Page]
3
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as
of the Contract Date.
BUYER:
Eunice Delacruz
Signature
Printed Name
Signature
Printed Name
SELLER:
City of South Bend, by and through its
Board of Public Works:
Gary A. Gilot, Board President
Suzanna Fritzberg, Member
James A. Mueller, Member
Elizabeth A. Maradik, Member
Therese J. Dorau, M ben•
4
EXHIBIT A
Description of Property
Address: 111 Dundee
Parcel ID: 01 S-4059-2160
Legal Description: Lot 146 LaSalle Park 2nd Plat
CITY OF UTH B.E D
COMMUNITY INVESTMENT
DAMES MUELLER,EXECUTIVEDIRECTOR
DATE: April 12, 2018
FROM: Andrew Netter, Property Development Analyst
SUBJECT: Award Bid - Sale of City -Owned Property at 111 Dundee St.
On November 21st,2018 the Board of Public Works opened bids for the sale of city -owned
property located at 111 Dundee St. Eunice Delacruz was the sole bidder for these properties.
DC1 requests the Board of Public Works award the winning bid to Eunice Delacruz in for the
amount of $830.00. This price does not include the cost of advertisement, transfer, and
recording fees to also be incurred by Eunice Delacruz.
rk
DAN BUCKFNMFYFR ALKryNA Ai,DRIDGE PAMELA MEYER "ICBM CORCORAN
BUSINESS DEVELOPMENT ENGAGEMENT & ECONOMIC EMPOWERMENT NzIGHBOR11001) DrwrT.OPMENT PLANNING
EXCELLENCE ( ACCOUNTABILITY � IINNOVAT110N I INCLUSION I EMPOWERMENT
1400S County -City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 466011 p 574235.93711 www.southbendin.gov
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement"), entered into this &day of April,
2018, by and between the Civil City of South Bend, Indiana, by and through its
contracting body, the Board of Public Works ("Seller") and Eunice Delacruz, 3102 W.
Washington Street, South Bend, IN 46619, in his/her individual capacity. ("Buyer")
(Each a "Party" and together the "Parties").
WITNESSETH:
WHEREAS, I.C. 36-1-11 establishes the procedure for the sale and rental of real
property owned by the City of South Bend; and
WHEREAS, the Board of Public Works (hereinafter referred to as the "Board") is
empowered to carry out the provisions of said statute; and
WHEREAS, the Board has determined that:
I. The highest and best use of certain real property owned by the City is by sale to
an abutting property owner;
2. The cost to the public of maintaining said real property owned by the City equals
or exceeds the established fair market value of said property;
3. It is economically unjustifiable to sell real property owned by the City in
accordance with the procedures set forth in I.C. 36-1-11-4, the
A. Seller has custody of and may maintain and dispose of all real property
owned by the City of South Bend, Indiana (the "City") pursuant to IC. 36-1-11 ("Act").
B. Seller owns certain real property located in South Bend, Indiana, and more
particularly described in attached Exhibit A (the "Property").
C. Pursuant to the Act, Seller requested to advertise the sale of the Property
on November 14, 2017.
D. Pursuant to the Act and its advertisement on November 14, 2017, Seller
opened bids for the purchase of the Property at a public hearing on December 12, 2017.
E. Buyer was the highest and most responsive bid.
F. Seller desires to sell the Property to Buyer on the terms stated in this
Agreement.
THEREFORE, in consideration of the mutual covenants and promises in this
Agreement and other good and valuable consideration, the receipt of which is hereby
acknowledged, Buyer and Seller agree as follows:
1. PURCHASE OBLIGATION
A copy of this Agreement, signed by Buyer, shall confirm Buyer's offer to purchase the
Property for the sum of $ 830. A check in the aforementioned amount shall be delivered
to the following representative ("Seller's Representative") no later than ,
2018:
Linda Martin
Department of Public Works
City of South Bend
116 S. County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
2. PURCHASE PRICE AND EARNEST MONEY DEPOSIT
A. Purchase Price. The purchase price for the Property shall be Eight
Hundred Thirty Dollars ($ 830) (the "Purchase Price"), payable by Buyer to Seller as
mentioned above.
B. Earnest Money Deposit. No earnest amount shall be required.
3. ACCEPTANCE OF PROPERTY "AS -IS"
Buyer agrees to purchase the Property "as -is, where -is" and without any representations
or warranties by Seller as to the condition of the property or its fitness for Buyer's Use or
any particular use or purpose. Seller offers no such representation or warranty as to
condition or fitness, and nothing in this Agreement shall be construed to constitute such a
representation or warranty as to condition or fitness.
4. DISPUTE RESOLUTION
A. Forum. Any action to enforce the terms or conditions of this Agreement
or otherwise concerning a dispute under this Agreement will be commenced in the courts
of St. Joseph County, Indiana, unless the Parties mutually agree to an alternative method
of dispute resolution.
B. Waiver of Jury Trial. Both Parties hereby waive any right to trial by jury
with respect to any action or proceeding relating to this Agreement.
5. TAXES
Buyer, and Buyer's successors and assigns, shall be liable for any and all real property
taxes assessed and levied against the Property with respect to the year in which the sale
occurred and for all subsequent years. Seller shall have no liability for any real property
2
taxes associated with the Property, and nothing in this Agreement shall be construed to
require the proration or other apportionment of real property taxes resulting in Seller's
liability therefor.
TITLE AND ABSTRACT COSTS
The Buyer agrees to pay all title and abstract costs involved in said transaction which it
shall desire or request.
6. COMMISSIONS
The Parties acknowledge that neither is represented by any broker in connection with the
transaction contemplated in this Agreement. Buyer agrees to indemnify and hold Seller
harmless from any claim for commissions in connection with the transaction
contemplated in this Agreement.
7. INTERPRETATION; APPLICABLE LAW
Both Parties having participated fully and equally in the negotiation and preparation of
this Agreement, this Agreement shall not be more strictly construed, nor shall any
ambiguities in this Agreement be presumptively resolved, against either Party. This
Agreement shall be interpreted and enforced according to the laws of the State of Indiana.
S. ENTIRE AGREEMENT
This Agreement embodies the entire agreement between Seller and Buyer and supersedes
all prior discussions, understandings, or agreements between Seller and Buyer concerning
the transaction contemplated in this Agreement, whether written or oral.
9. BINDING EFFECT; COUNTERPARTS; SIGNATURES
All the terms and conditions of this Agreement will be effective and binding upon the
Parties and their successors and assigns at the time the Agreement is fully signed by
Buyer and Seller. This Agreement may be separately executed in counterparts by Buyer
and Seller, and the same, when taken together, will be regarded as one original
Agreement. Facsimile signatures will be regarded as original signatures.
10. AUTHORITY TO EXECUTE
The undersigned Parties executing and delivering this Agreement represent and certify
that they are the duly authorized and fully empowered to execute and deliver this
Agreement.
[Signatures on Following Page]
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as
of the Contract Date.
BUYER:
Eunice Delacruz
Signature
SELLER:
City of South Bend, by and through its
Board of Public Works,:
A -
Vary A. Gilot, Board President
Printed Name
Suzanna Fritzberg, Member
Signature
Printed Name James A. Mueller, Member
Elizabeth A. Maradik, Member
Therese J. D rau, Member
4
EXHIBIT A
Description of Property
Address: 117 Dundee
Parcel ID: 018-4059-2163
Legal Description: Lot 145 LaSalle Park 2"d Plat
CITY OF SOUTHBEND
COMMUNITY INVESTMENT
JAMES MUELLER, EXECUTIVEDIRECTOR
DATE: Aprill 12, 2018
FROM: Andrew Netter, Property Development Analyst
SUBJECT: Award Bid - Sale of City -Owned Property at 117 Dundee St.
On November 21st,2018 the Board of Public Works opened bids for the sale of city -owned
property located at 117 Dundee St. Eunice Delacruz was the sole bidder for these properties.
DCl requests the Board of Public Works award the winning bid to Eunice Delacruz in for the
amount of $830.00. This price does not incllulde the cost of advertisement, transfer, and
recording fees to also be incurred by Eunice Delacruz.
APPROVUp
0"I'a Of Vtrhli�!
PR 2 4
DAN BUCKENMEYER ALKrYNA ALDRIDcr. PAMELA MEYER TIM CORCORAN
BusINEss DEVELopmrNT ENcAGEMEW & LCONOMic EmPONVERMLNT NmHBORHOoi) DEVELOPMENT PLANNING
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
14005 County -City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 46601 li p 574,235,9371 I www.southbendin.gov
South lBend
Is
'RIBUNE
The voice that connects us.
-Receipt-
Date:
11 /14/17
Account #:
107031
Company Name:
COMMUNITY INVESTMENT
Contact:
Address:
227 W JEFFERSON BLVD SUITE
1400
City:
SOUTH BEND
State:
IN
Telephone:
(999) 235-9371
Ad ID:
367051
Run Dates:
11/17/17 to 11/24/17
Ad Class:
Government
Columns wide:
1
Total # of Lines:
79
Total Cost:
$44.28
Account Rep:
Susan Mahoney
Phone #
(574) 235-6216
Email:
legals@sbtinfo.com
Payments:
Method Card Type Last 4 Digits Check
Publications:
South Bend Tribune
SB Online
Gross: $44.28
Paid Amount: - $0.00
Amount Due: $44.28
Amount
Your ad
NOTICE TO BIDDERS
SALE OF CITY -OWNED
PROPERTY
Notice is hereby given that the
City of South Bend, Indiana,
through its Board of Public
Works, is offering for sale the
following parcel of real estate
located in South Bend, Indiana.
111 S. Dundee St.
018-4059-2160
This parcel is being sold under
Indiana Code 36-1-11-6, where
authority is granted to the Board
of Public Works to sell abutting
parcels of land to homeowners
with properties in goad stand-
ing, who may wish to acquire
that property, all in the best in-
terests of the City.
The Board of Public Works has
determined that the highest
and best use of the adjacent
property is its sale to an abut-
ting land lower — the parcel is
approximately 0.11 acres, a
configuration that appears to
best be suitable for use by an
abutting landowner which offers
an opportunity to consolidate
adjacent parcels that have com-
mon ownership: and the cost
to the public of maintaining the
tract over Its lifetime equals or
exceeds the estimated fair mar-
ket value of the tract. The tract's
assessed value is $1,300.00
for property tax purposes. The
annual cost of maintaining this
tract is estimated at $480.00
per year,
Tracts with an assessed value
less than $6,000.00 based on
the most recent assessment of
the tract are not required to be
appraised. The minimum offer-
ing price is $820.00. Bidders will
also be responsible for the cost
of advertising and recording
upon a successful negotiation
and sale of the tract. The cost
of advertising is estimated at
$140.00, recording is estimated
at $20,00.
This parcel may not be sold to
a person who owes delinquent
taxes, special assessments,
penalties, interest or cost di-
rectly attributable to a prior tax
on a tract of real property listed
under Indiana Code 6-1.1-24-1.
An offer to purchase the parcel
that is submitted by a trust must
indentify each beneficiary of the
trust and settler empowered to
evoke or modify the trust.
Bids to purchase said parcel
must include price bid for the
property plus an explanation
of the bidder's intended use of
the property and be received in
the office of the Board of Public
Works, 1008 County -City Build-
Ing, South Bend, Indiana on or
before:
December 12, 2017 at 9:30 a.m.
BOARD OF PUBLIC WORKS
Linda Martin, Clerk
Hspaxlp 2t 11:17&24
South Bend
TRIBUNE
The voice that connects us.
-Receipt-
Date:
11/14/17
Account #:
107031
Company Name:
COMMUNITY INVESTMENT
Contact:
Address:
227 W JEFFERSON BLVD SUITE
1400
City:
SOUTH BEND
State:
IN
Telephone:
(999) 235-9371
Ad ID: 367056
Run Dates: 11/17/17 to 11/24/17
Ad Class: Government
Columns wide: 1
Total # of Lines: 79
Total Cost:
Account Rep:
Phone #
Ismail:
Payments:
Method Card Type
$44.28
Susan Mahoney
(574) 235-6216
legals@sbtinfo.com
Last a Digits Check
Publications:
South Bend Tribune
SB Online
Gross: $44.28
Paid Amount: - $0.00
Amount Due: $44.28
Amount
Your ad
NOTICE TO BIDDERS
SALE OF CITY -OWNED
PROPERTY
Notice is hereby given that the
City of South Bend, Indiana,
through its Board of Public
Works, is offering for sale the
following parcel of real estate
located in South Bend, Indiana.
117 S. Dundee St.
018-4059-2163
This parcel is being sold under
Indiana Code 36-1-11-5, where
authority is granted to the Board
of Public Works to sell abutting
parcels of land to homeowners
with properties in good stand-
ing, who may wish to acquire
that property, all in the best in-
terests of the City.
The Board of Public Works has
determined that the highest
and best use of the adjacent
property is its sale to an abut-
ting land lower — the parcel is
approximately 0.11 acres, a
configuration that appears to
best be suitable for use by an
abutting landowner which offers
an opportunity to consolidate
adjacent parcels that have com-
mon ownership; and the cost
to the public of maintaining the
tract over its lifetime equals or
exceeds the estimated fair mar-
ket value of the tract. The tract's
assessed value is $1,300.00
for property tax purposes. The
annual cost of maintaining this
tract is estimated at $480,00
per year.
Tracts with an assessed value
less than $6,000.00 based on
the most recent assessment of
the tract are not required to be
appraised. The minimum offer-
ing price is $820.00. Bidders will
also be responsible for the cost
of advertising and recording
upon a successful negotiation
and sale of the tract. The cost
of advertising is estimated at
$140.00, recording Is estimated
at $20.00.
This parcel may not be sold to
a person who owes delinquent
taxes, special assessments,
penalties, interest or cost di-
rectly attributable to a prior tax
on a tract of real property listed
under Indiana Code 6-1.1-24-1.
An offer to purchase the parcel
that is submitted by a trust must
indentify each beneficiary of the
trust and settler empowered to
evoke or modify the trust,
Bids to purchase said parcel
must include price bid for the
property plus an explanation
of the bidder's intended use of
the property and be received in
the office of the Board of Public
Works, 1308 County -City Build-
ing, South Bend, Indiana on or
before:
December 12, 2017 at 9:30 a.m.
BOARD OF PUBLIC WORKS
Linda Martin, Clerk
Hspaxlp 2t 11:17&24
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM.
4/12/2018
Andrew Netter
Department DC1
BPW Date 4/24/2018 Phone Extension X5,931
. .... ----- ----
Legal Z Attorney Name Clara McDaniels
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 El
Agreement
Professional Services
Bid Opening
Quote Opening
Change Order No.
Ease/Encroach.
Other:
" Contract
F] Resolution
M Bid Award
F-1 Quote Award
F1 C/O & PCA No.
F-1 Traffic Control
Company or Vendor Name Eunice Delacruz
Proposal L_J Addendum
F1 Req. to Advertise F1 Title Sheet
NMI'
New Vendor E] Yes El No El If Yes, Approved by Purchasing
MBENVBE Contractor F-1 MBE F WBE
MBE/WBE Contractor Requested [J No F Yes Name of Company
Project Name Sale of City -Owned Property
Project Number . . . .....
Funding Source
Account No.
Amount $1,660
Terms of Contract
Purpose/Description Award bids for 111 & 117 Dundee to Eunice Delacruz AND sign
purchase agreements.
F-1 Required Contractor's Certification Form Attached (Non -
Collusion, Nan -Discrimination, Non -Debarment, E,-Verify, Iran, etc.)
Amount of 0 increase
E] Decrease
Previous Amount $
Current Percent of Change
New Amount
Total Percent of Change:
Copy
Original
❑
F-1
El
El
Andrew Netter
Dispersal After Approval