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Home My WebLink AboutAward Bid - Sale of City Property - 18 Vac 3 LaSalle Court - Robert Vernon1316 COUNTY-Ciry BuiLDIN(i 227 W. hTFEASON BotILENARD SN Y1 I I BEND. NDIANA 46601-1830 CITY car SOU ni BEND PETEBUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 28, 2018 Robert M. Vernon 1059 LaSalle Court South Bend, IN 46616 RE: Bid Award —Sale of City -Owned Property — (018-1043-1849) Dear Mr, Vernon, PITOM,, 5741235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting on August 28th, 2018, approved the award of and Purchase Agreement for the above referenced property in the amount of $225,00 to you. The advertising fees are $49.12, 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 $314.62 total. Enclosed please find the Purchase Agreement. Please sign the Agreement and return the original to out- office within 60 days of the date on the Agreement. If the Agreement is to be signed by a representative of Mr. Vernon, the City requires that a copy of the Power of Attorney documentation be provided. If no documentation for Power of Attorney is provided, Mr. Vernon is required to sign the Agreement himself. 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 Mat -tin, Clerk Enclosure Et-IZA-s A. MUELLER J. DoRAU GARY A. Giwi, SUZANNA M. Fi� ITZB F" wi BE'ni A. Al t A JMP, CITY OF SOUTH BEND COMMUNITY INVESTMENT JAMES MUELI.ER, EXECUTIVEDIREGFOR DATE: August 20, 2018 FROM: Andrew Netter, Property Development Analyst SUBJECT: Award Bid - Sale of City -Owned Property at (018-1-043-1849) Vac. Tri. Lot On August 141h, 2018 the Board of Public Works, opened bids for the sale of city -owned property, parcel ID: (018-1043-1849) Vac. Tri. Lot. Robert M. Vernon was the sole bidder for this property. DCl requests the Board of Public Works award the winning bid to Robert M. Vernon for the amount of $225.00. This price does not inicliude the cost of advertisement, a sales disclosure form, transferring, and recording fees to also be incurred by Robert M. Vernon. DAN BucKt,,NNw),r.H &KEYNA Ainiumm ' PANIF-11A ANNI'A TUM CORCORAN DEV11,011MENT EAGNGENRAT & EIGONOMW EMPONVERMIENT Nnmmoimooi) Diivmni,mrm, NANNING EXCELLENCE � ACCOUNTABILITY INNOVATION INCLUSION 1 EMPOWERMENT 1400SCounty-City Building 227 W. Jefferson Blvd, I South Bend, Indiana46601 p574.235.93711www.southbefidiii,gov a4U gee Ej�Vr H/06o(j va C /' [�(o a, L q nGu,S —I'ue2�- PV M. VR&M -,,�,� API ygp Pryka BoardU G 018'G 00 vide � � PU ,i�., PURCHASE AGREEMENT This Purchase Agreement ("Agreement"), entered into this at day of August, 2018, by and between the Civil City of South Bend, Indiana, by and through its contracting body, the Board of Public Works ("Seller") and Robert M. Vernon, 1059 LaSalle Court, 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. SeIler 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 July 24th, 2018. D. Pursuant to the Act and its advertisement on July 24th, 2018, Seller opened bids for the purchase of the Property at a public hearing on August 14th, 2018 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 surn of $225.00. A certified check in the aforementioned amount plus the cost of the Advertising Fee, Transfer fee, Recording Fee and County Sales Disclosure Form fee (hereinafter, "Associated Fees") shall be delivered to the following representative ("Seller's Representative") no later than 60 days from the date of this Agreement. Linda Martin Department of Public Works City of South Bend 116 S. County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 2. PURCHASE PRICE AND EARNEST MONEY DEPOSIT A. Purchase Price. The purchase price for the Property shall be Two - Hundred and Twenty -Five Dollars ($ 225) (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 4 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 and supersedes all prior discussions, understandings, or agreements between Seller and Buyer concerning the transaction contemplated in this Agreement, whether written or oral. 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. Ia. 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 Patties hereby execute this Agreement to be effective as of the Contract Date. BUYER: Robert M. Vernon Signature SELLER: City of South Bend, by and through its Board of Public Works: Gary A. Gi ot, Board President .......................... . Printed Name Suzanna Fritzberg, Member Jants A. Mueller, Member Elizabeth A. Maradik, Member Therese J. Dorau, Member 4 EXHIBIT A Description of Property Address: 18 Vac 3 LaSalle Ct. Parcel ID: 018-1043-1849 Legal Description: Tri Pc Sw Pt Of N & Adj 33x40 Ft Adj Nwly End Lot 3 Kuespert& Summers EXHIBIT A Description of Property Address: 18 Vac 3 LaSalle Ct. Parcel ID: 018-1043-1849 Legal Description: Tri Pc Sw Pt Of N & Adj 33x40 Ft Adj Nwly End Lot 3 Kuespert& Summers RETURN TO: Robert M. Vernon 1059 LaSalle Court South Bend, IN 46616 Quit Claim Deed QUIT CLAIM DEED AUDITOR'S RECORD TRANSFER NO. TAXING UNIT DATE KEY NO. THIS INDENTURE WITNESSETH, THAT the City of South Bend, Indiana, by and through its Board of Public Works (the "Grantor") CONVEYS AND QUIT CLAIMS TO Robert M. Vernon, 1059 LaSalle Court, South Bend, 1N 46616, an Indiana resident (the "Grantee") for and in consideration of Two -Hundred and Twenty - Five Dollars ($ 225.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following real estate in St. Joseph County, Indiana: See EXHIBIT A attached and incorporated herein Grantor hereby conveys the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character, subject to all highways, easements and rights of way of record. The undersigned persbn(s) executing this Quit Claim Deed on behalf of the Grantor represent and certify that each has been fully empowered and authorized to execute this Quit Claim Deed and that all action necessary to complete this conveyance on Grantor's behalf has been duly taken. Dated this day of , 2018. GRANTOR: City of South Bend, Indiana, by and through its Board of Public Works By: Pete Buttigieg, Mayor ATTEST: By: Kareemah Fowler, City Clerk STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this day of , 2018, personally appeared Pete Buttigieg and Kareemah Fowler, to me known to be the Mayor and City Clerk, respectively, of the City of South Bend, Indiana, the Grantor, and acknowledged execution of the foregoing Quit Claim. Deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. (SEAL) Commission expires: Resident of _, Notary Public County, I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this dOOumelrt, unless required by law, Clara Mcllaniels. Prepared by Clara McDanicls, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. Date Name BOARD OF PUB1,IC WORKS AGENDA ITEM REVIEW REQUEST FORM 8/20/2018 Andrew Netter Department DCI BPW Date 8/28/2018 Phone Extension X5931 .. ........... RoqqiLed Prior to S.Libryfittal to Board Legal F1 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 F1 Agreement F-1 Contract Ll Proposal LJ Addendum Professional Services ❑ Resolution F1 Bid Opening Bid Award ❑ Req. to Advertise ❑ Title Sheet Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA El Ease/Encroach. ❑ Traffic Control n Other: Company or Vendor Name Robert M. Vernon New Vendor E] Yes E] No [:1 If Yes, Approved by Purchasing MBE/WBE Contractor R MBE n WBE MBE/WBE Contractor Requested E] No 0 Yes Name of Company Project Name Sale of City -Owned Pro peqy_::I018-1 fD43-1849.... Project Number Funding Source Account No. Amount 225.00 Terms of Contract Purpose/Description Reguest to award bid and sign purchase agreement for the sale of City owned property parcel ID 018-1043-18,49. Award bid to Robert M. Vernon. El Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Ike uirod For' h,arlge'Orders 0,01y . . . . . . . . . . . . . . . . . Amount of F1 increase $ El Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original F] Andrew Netter F1 11