The URL can be used to link to this page

Home My WebLink AboutPurchase Agreement - City Owned Property 616-618 Sherman Avenue - Clinton and Sundra Gilkie1316 COUNTY-Crry BUILDING 227 W. JEFFESON BoULEVARD Som,ii BEND. INMANA46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 24, 2018 Clinton and Sundra Gilkic 614 Sherman Street South Bend, IN 46616 PHONE 574/235-9251 FAX 574/ 235-9171 RE: Purchase Agreement for City -Owned Property — 616/618 Sherman Avenue Key No. 0 184074-3129 Dear Mr. and Mrs. Gilkie: The Board of Public Works, at its meeting on April 24, 2018, approved the Purchase Agreements for the above referenced property in the amount of $2,191. The advertising fees are $38.66, 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 $2,260.16. Enclosed please find the original Purchase Agreement. Please sign the Agreement and return it 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 from the Recorder's Office. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Y), a Linda M. Martin Enclosure c: Andrew Netter, Community Investment GAr�y A, GILOT SUZANNA M. FRITZIMw Et.,iZABE'rii A. MAR DID JAMEs A. M1.jE[.A,ER TI-E.RE'SE J, DORALI PURCHASE AGREEMENT This Purchase Agreement ("Agreement"), entered into this ai rday 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 Clinton and Sundra Gilkie, 614 Sherman Street, South Bend, IN 46616, 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: 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 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 March 28, 2017. D. Pursuant to the Act and its advertisement on March 28, 2017, Seller opened bids for the purchase of the Property at a public hearing on April 25, 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, Buyers 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 $ 2,191.00. 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 Two Thousand, One Hundred Ninety One Dollars ($ 2,191) (the "Purchase Price"), payable by Buyer to Seller as described above. B. Earnest Money Deposit. No earnest amount shall be required. 3. ACCEPTANCE OF PROPERTY "AS -IS" Buyer(s) agree 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. 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 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. 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(s) 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(s) and Seller. This Agreement may be separately executed in counterparts by Buyer(s) 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 WHERFOF, the Patties hereby execute this Agreement to be effective as of the Contract Date. BUYER: Clinton and Sundra Gilkic Signature Printed Name Signature Printed Name SELLER: City of South Bend, by and through its Board of Public Works: A4 Gary A. ilot, Board President Susanna Fritzberg, Member James A. Mueller, Member tA' wk Elizabeth A. M'ara-dik, Member EXHIBIT A LEGAL DESCRIPTION Address: 618 616 Sherman Avenue, South Bend, IN 46616 Parcel ID: 018-1074-3129 Legal Description: LOT 4 CUSHINGS 1st BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Andrew Netter Department DC1 BP W Date 04/20/2018 Phone Extension X59,31 Legal F] Attorney Name 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 N Agreement H Contract LJ Proposal H Addendum F Professional Services R Resolution F1 Bid Opening F-1 Bid Award El Req. to Advertise ❑ Title Sheet El Quote Opening F1 Quote, Award n Change Order No. F-11 C/O & PCA No. F] PCA F-1 Ease/Encroach. El Traffic Control F Other: Company or Vendor Name Clinton & Sundra Gilkie New Vendor n Yes n No F1 If Yes, Approved by Purchasing MBE/WBE Contractor [_1 MBE n WBE MBENVBE Contractor Requested F] No n Yes Name of Company Project Name Sale of City -Owned Property_ Project Number Funding Source Account No. Amount $2,190 Terms of Contract Purpose/Description Sin purchase agreement for sale of roperty located at 616-618 Sherman. F-1 Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) 'R pOFo rGhn ,� tre� P1, a A _ rdors ly Amount of F1 increase $ E] Decrease $ Previous Amount Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original H F-1 Andrew Netter F-1 F-1 El El