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HomeMy WebLinkAboutAward Bid - Sale of City Owned Property 1143 Corby Blvd - Five Corners LLCBOULEVARD Charles Hayes Five Corners LLC 814 Marietta Street South Bend, IN 46601 18,6 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD ;1 OF PUBLIC 1 ' April 9, 2019 RE: Bid Award — Sale of City -Owned Property — 1143 Corby Blvd. Dear Mr. Hayes: PHONE 574/ 235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting on April 9, 2019, approved the award of, and Purchase Agreement for, the above referenced property to you in the amount of $5,500 to you. The advertising fees are $53.40, 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 $5,593.90. Enclosed please find the Purchase Agreement. Please sign the Agreement and return the original to our office along with a certified check in the amount of $5,593.90 as 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. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CITY OF SOUTHBEND COMMUNITY INVESTMENT DATE: March 27, 2019 FROM: Andrew Netter, Property Development Analyst SUBJECT: Award Bid — Sale of City -Owned Property at 1143 Corby Blvd. On 3/26/2019 the Board of Public Works opened bids for the sale of city -owned property, 1143 Corby Blvd. Five Corners, LLC. was the sole bidder for this property. DCI requests the Board of Public Works award the winning bid to Five Corners, LLC. for the amount of $5,500.00. This price does not include the cost of advertisement, a sales disclosure form, transferring, and recording fees to also be incurred by Five Corners, LLC. Andrew Netter DCI .V Bwwd of P ffc Works D.4Nfrf.J. BUCKENNIEYER ALKF.N�A ALDR[f)C;E PANfELA MEYER TM CORCORAN BUSINEss DEVELOPMENT ENGAGEMENT & ECONOMIC EMPOWERMEN'P NEIGHBORHOOD DEVELOPMENT PLANNING & COMMUNITY RESOURCES EXCELLENCE I ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235,9371 www.southbendin.gov FIVE CORNERS LLC 814 MARIETTA STREET SOUTH BEND, IN 46601 574.233.1296 March 15, 2019 City of South Bend Board of Public Works 1316 County -City Building 227 West Jefferson Blvd South Bend, IN 46601 RE: SALE OF 1143 CORBY BOULEVARD, SOUTH BEND, IN 46617 Dear Board of Public Works: Five Corners LLC hereby requests to purchase property located at 1143 Corby from the City of South Bend for .500, % By Indiana Code, Section 36-1-11-5, as the only abutting property owner, this bid by Five Corners LLC should receive preference in the line of bids. Additionally, Five Corners LLC has discussed the proposed commercial development of this and surrounding parcels, a plan that conforms to the City's future vision for this intersection. 1143 Corby is an integral part of this development and must be secured before further progress can move forward. The addition of a 30,000 square foot building with employees will increase the property tax base for the area as well. Thank you, Charles S. Hayes Managing Member PURCHASE AGREEMENT This Purchase Agreement ("Agreement'), entered into this day of April, 2019, by and between the Civil City of South Bend, Indiana, by and through its contracting body, the Board of Public Works ("Seller") and Five Corners, LLC., 814 Marietta St. South Bend, IN 46601, 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 2/26/2019. D. Pursuant to the Act and its advertisement on 2/26/2019, Seller opened bids for the purchase of the Property at a public hearing on 3/26/2019. 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 $5,500.00. 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 five - thousand, five -hundred ($5,500.00) (the "Purchase Price"), payable by Buyer to Seller as mentioned above. B. Earn st Mpilg Deop it. 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. V�tyr..m caf J ul"rjzl. Both Parties hereby waive any right to trial by jury with respect to any action or proceeding relating to this Agreement. 2 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. 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. 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. 91 [Signatures on Following Page] IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date. BUYER: Five Corners, LLC. Charles S. Hayes Managing Member Signature Printed Name SELLER: City of South Bend, by and through its Board of Public Works: Cagy A.... o .._. Board President Genevieve Miller, Member Laura O'Sullivan, Member Elizabeth A. Maradik, Member Therese J. Dorau, Member EXHIBIT A Description of Property Address: 1143 E. Corby Blvd. South Bend, IN 46617 Parcel ID: 018-5094-3329 Legal Description: Lot 3 Portage Land Co Sub Of Lot 5 Listenbergers 1 st Add incl. VAC alley and street Ex part sold to state 19/20 ROW #1159 6/13/18 19/20 VAC ORD #10554-17 1/8/18 RETURN TO: Five Corners, LLC. 814 Marietta St. South Bend, IN 46601 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 Five Corners, LLC., 814 Marietta St., an Indiana resident (the "Grantee") for and in consideration of five -thousand, five -hundred ($5,500.00) 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 person(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 ATTEST: By: ._.�............................................................................................ Kareemah Fowler, City Clerk 9109 GRANTOR: City of South Bend, Indiana, by and through its Board of Public Works Lo Pete Buttigieg, Mayor 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 document, unless required by law. Clara McDaniels. Prepared by Clara McDaniels, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. EXHIBIT A Description of Property Address: 1143 E. Corby Blvd. South Bend, IN 46617 Parcel ID: 018-5094-3329 Legal Description: Lot 3 Portage Land Co Sub Of Lot 5 Listenbergers 1st Add incl VAC alley and street Ex part sold to state 19/20 ROW #1159 6/13/18 19/20 VAC ORD #10554-17 1/8/18 FIVE CORNERS LLC 814 MARIETTA STREET SOUTH BEND, IN 46601 574.233.1296 March 15, 2019 City of South Bend Board of Public Works 1316 County -City Building 227 West Jefferson Blvd South Bend, IN 46601 RE: SALE OF 1143 CORBY BOULEVARD, SOUTH BEND, IN 46617 Dear Board of Public Works: Five Corners LLC hereby requests to purchase property located at 1143 Corby from the City of South Bend for 5,500.00, By Indiana Code, Section 36-1-11-5, as the only abutting property owner, this bid by Five Corners LLC should receive preference in the line of bids. Additionally, Five Corners LLC has discussed the proposed commercial development of this and surrounding parcels, a plan that conforms to the City's future vision for this intersection. 1143 Corby is an integral part of this development and must be secured before further progress can move forward. The addition of a 30,000 square foot building with employees will increase the property tax base for the area as well. Thank you, '1 Charles S. Hayes Managing Member BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date April 2, 2019 Department DCI Name Andrew Netter Division/Bureau Planning BPW Date ......4/9/201.......��......................�.......ng ....m..m,,...�.......................................... 9 Phone Extension 5931 rv�ua wammvx. �.. � � ...... i, uum�mmwmuur�rara�rmnw�m....:.. i, � m�mmmmmmimomioimomimuiuiuir�imor� auwum�.miwiwuwuwuwuwuwuuwimu�i:.. �� ............ .,�............. ............ _............. _ ;__ ...._ ...___. _......... ......�..�,.,._�..�.�.�.�,., ..ITRtcuiP red rior to Submittal to Board mmmm Legal ® 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 ❑ Check the , L_j Agreement Amendment El Professional Services Bid Opening Quote Opening ❑ Change Order No. [] Ease/Encroach, M Other: iropriate Item Type — I❑ Contract F-1 Resolution for All Submissions Proposal ® Bid Award ❑ Req. to Advertise ❑ Quote Award El C/O & PCA No. ❑ PCA ❑ Traffic Control: Required Information Addendum ❑ Title Sheet ,...... Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) ._......__.... e u!mredmFor Charge Orders Oqly_...._._....._......... ...... .. . Amount of El Increase $ [� Decrease