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Home My WebLink AboutAward Bid - Sale of City Owned Property 1129 Lawrence Street - Kimberly Bloch1316 COUNTY-Crry MiLDINO 227 W. JEFFEIRSON Bom.EVARD So[ ITH 11RND. INDIANA 4660 1 -1830 CH'YOFSOUTH BEND PETE BUTflGIEG, MAYOR BOOF PUBLIC WORKS August 14, 2018 Kimberly Bloch 922 Deepwood Drive Mishawaka, IN 46544 RE: Bid Award — Sale of City -Owned Property — 1129 Lawrence Street Dear Ms. Bloch: P110W 574/235-9251 1°AX 574/ 235-9171 The Board of Public Works, at its meeting on August 14"', 2018, approved the award of and Purchase Agreement for the above referenced property in the amount of $13,225,00 to you. The advertising fees are $42.84, the cost of filing a Sales Disclosure Form is $ 10. 00, and the cost of transferring and recording the property is $30.50. Please remit a certified check to Community Investment, made payable to the City of South Bend, in the amount of $13,308.34 total. Enclosed please find the Purchase Agreement. Please sign the Agreement and return the original to our office with a certified check, made out to the amount specified above, within 60 days of the date on the Purchase Agreement. Once this information has been submitted, the Sales Disclosure Form will be filed and the Quit Claim Deed will be transferred and recorded. The County Recorder's Office will send you the original Quit Claim Deed once it has been recorded. If you have any further questions regarding this matter, please call this office at (574)235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. ULM SUZANNA M. FRITZBER(j ELIZABETH A. MARAINK JAMEs A. MUE.ILF'R 'I'll J. DORAU COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVEDIRECTOR DATE: August 6, 2018 FROM: Andrew Netter, Property Development Analyst SUBJECT: Award Bid — Sale of City -Owned Property at 1129 N. Lawrence St. On July 24th, 2018 the Board of Public Works opened bids for the sale of city -owned property located at 1129 N. Lawrence St. Kimberly Bloch was the sole bidder for this property. DCI requests the Board of Public Works award the winning bid to Kimberly Bloch for the amount of $13,225.00. This price does not include the cost of advertisement, filing of a sales disclosure form, transfer, and recording fees to also be incurred by Kimberly Bloch. APPUOVED 13"Wrd Of Ptdolic Works .1U6 I DAN BU0K1,',NMLYER ALKrYNA ALDRIDGE PAMELA MEYER TFM CORCORAN BUSINEss DEVELOPME.,N'r ENGAGEMENT & Ecommic Er,.f POWERMENT NEIGHBORHOOD DUELOPMENT PLANNING EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT 1400E County -City Building 1227 W. Jefferson Bivd, 1 South Bend, Indiana 46601. B p 574.235.9371 I vAm.southbendin.gov �F(L� �A�Fw: I�jaakd o� �ubfic I:��rL�s aa� U�-&t6�BI ud., ��u�, I qle�aj &�2q- L"j/e neeam ata proptyk�, �f-, lAkO 40 - 0 WLM'i'Vi " '--�7 j It J�kn 1� k A� +0 M DVY-,,. mW QWvl,,,1r-t, &�► o y Co n-ern ,� P of Cioat. averse �� PURCHASE AGREEMENT This Purchase Agreement ("Agreement"), entered into this %t day of�, 20 M, by and between the Civil City of South Bend, Indiana, by and through its contracting body, the Board of Public Works ("Seller") and Kimberly S. Bloch, 922 Deep Wood Dr. Mishawaka, IN 46544, 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 at 1129 N. Lawrence St., South Bend, Indiana, 46617 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 June 261h, 2018. D. Pursuant to the Act and its advertisement on June 26th, 2018, Seller opened bids for the purchase of the Property at a public hearing on July 20', 2018. E. Buyer was the highest and most responsive bid. F. Seller desires to sell the Property to Buyer on the teens 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 $13,225.00. A certified check in the aforementioned amount plus the cost of the Advertising Fee, Transfer fee, Recording Fee and County Sales Disclosure Form fee (hereinafter, "Associated Fees") shall be delivered to the following representative ("Seller's Representative") no later than 60 days from the date of this Agreement. 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 Thirteen - Thousand, Two -Hundred and Twenty -Five Dollars ($13,225) (the "Purchase Price"), plus Associated Fees, 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 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 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. 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. 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. 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. 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(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 WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date. BUYER: Kimberly S. Bloch SELLER: City of South Bend, by Board of Public Works: and through its Signature Gary A. Gilot, Board President Printed Name Suzanna ritzber , Me er James A. Mueller, Member t:2Jt' pk Elizabeth A. Maradik, Member Therese J. Dorau, Member EXHIBIT A Description of Property Address: 1 i 29 N. Lawrence St. Parcel ID: 018-5110-3893 Legal Description: 33 Ft S Side Of 99 Ft N Side 159 1/2 Ft E End Lot 145 Sorins 2nd Add Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM August 6, 2018 Andrew Netter Department Division/Bureau DCI Planning BPW Date August 14, 2018 Phone Extension 5931 _J Agreement Amendment ❑ Professional Services ❑ Bid Opening ❑ Quote Opening ❑ Change Order No. ❑ Ease/Encroach. n Other: Company or Vendor Name New Vendor MBEANBE Contractor U Contract ❑ Resolution ® Bid Award 0 Quote Award ❑ C/O &PCANo ❑ Traffic Control: 44. I'm %e r ❑ Yes ❑ No Purchasing n MBE F-1 WBE 0 MBEIWBE Contractor Requested H No LJ Yes Name of Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of ❑ Increase ❑ Decrease Previous Amount Current Percent of Change New Amount Proposal L] Addendum ❑ Req. to Advertise ❑ Title Sheet film If Yes, Approved by Award Bid & Sian Purchase Aareement —1129 N. Lawrence St. III) Z2 S . oo Request to award bid to Kimberly Bloch (sole bidder). Bid amount submitted: $13,225.00. 1129 N. Lawrence St. ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)