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Home My WebLink AboutAward Bid - Sale of City-Owned Properties - 1510 & 1512 Ford Street - Rosa Gonzalez1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOI JTH BEND. INDIANA 46601-1 930 CITY *;SOUTH BEND PETE BUTTIGIEG, MAY BOARD OF PUBLICL R June 11, 2019 Rosa Gonzalez 1506 Ford Street South Bend, IN 46619 PHONE 574/235-9251 FAX 574/235-9171 RE: Bid Award — Sale of City -Owned Properties — 15 10 and 1512 Ford Street Dear Ms. Gonzalez: The Board of Public Works, at its meeting on June 11, 2019, approved the award of and Purchase Agreements for the above referenced properties in the amount of $850 for 1510 Ford Street and $875 for 1512 Ford Street to you. For the two (2) properties, the advertising fees total $81.00, and the cost of filing Sales Disclosure Forms and transferring and recording the properties total $100.92. Please remit a certified check to Community Investment, made payable to the City of South Bend, in the amount of $1,906.92 total. Enclosed please find the Purchase Agreements. Please sign the Agreements and return the originals to our office with a certified check, made out to the amount specified above, within 60 days of the date on the Purchase Agreements. Once this information has been submitted, the Sales Disclosure Forms will be filed and the Quit Claim Deeds will be transferred and recorded. The County Recorder's Office will send you the original Quit Claim Deeds once they have 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. G1LOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date June 3, 2019 Department DCI Name Andrew Netter Division/Bureau Plannin g BPW Date 06/11/2019 Phone Extension 5931...-�� t"U�UJ;' ":kYifi�MIMIMIMIMIMIPIPIPNNA I �yVW„�.y�y,;,�,';,'yppp, µSyWINflN�Y 11N 1YYi^s'meee9�W,W,W,W,; �fl�Ifl�IMtl�YMX.v. �'r"*. ipfRIM1XeB rl " NSSQ9R,,, B@ -n.' _� ,�@p„mµryN �Ki'v rr��rswii pry �yp�mµ, .,yry�rydYT�Y n�VVV iYIM1��.s. . �W%�WW"I�WIWIW�MSN_M + FMWA .m . .. Board ........w.� .- w.. �_.. ..w. 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_ARro r�� Item ...... � .... �.._ ....._ .._ ...._.... _p w T mmmmm �" gerr for All Submissions X Agreement Amendment .Contract �] Pro osal . .. p �� Addendum ❑ Professional Services [� Resolution Bid Opening ® Bid Award ❑ Req. to Advertise ❑ Title Sheet EJ Quote Opening ❑ Quote Award Change Order No. El C/O & PCA No. ❑ PCA 0 Ease/Encroach. ❑ Traffic Control. F-1 Other: ......._... a equired Information_ Company or Vendor Name RosaGonzalez .a .................... ..�. � ........_.. � m.. _ ., n.. EJ Yes No ❑ If Yes, Approved by New Vendor Purchasing ...... MBE/WBE Contractor ............... MBE ❑] WBE MBE/WBE Contractor Requested NoYes Name of Com n _.,. . . �.. Project Name _.n_... ... —.... 1510 and 1512 Ford St. Project Number Funding Source Account No. Amount ........ ... .........----_...n. ................... ..-- ..... .._.. .. $1,725 Terms of Contract Purpose/Description Award bid and sign purchase agreement for disposition —of two owned lots: 11—.111111111510 an d 1512 Ford Wit° South Bend, IN 46628 —r ��tRe Required Contractor's Certification Forms Attached Non - q Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) w,W a - Re fired For Change Orders Only w Amount of ❑ increase $ ................. ._ m .._m.. ..........-_.... ....—.....n ....... . 0 Decrease -----$ Previous Amount $ ..........-- Current Percent of Change: __,..n. .................... ----.. ....... _ — __--- % New Amount $ CITY OF SOUTHBEND COMMUNITY INVESTMENT DATE: June 3, 2019 FROM: Andrew Netter, Property Development Analyst SUBJECT: Award Bid — Sale of City -Owned Property at 1510 Ford St. On 05/14/2019 the Board of Public Works opened bids for the sale of city -owned property, 1510 Ford St. South Bend, IN 46619. Rosa Morales de Gonzalez was the sole bidder for this property. DCI requests the Board of Public Works award the winning bid to Rosa Morales de Gonzalez for the amount of $850.00. This price does not include the cost of advertisement, a sales disclosure form, transferring, and recording fees to also be incurred by Rosa Morales de Gonzalez. IlDANEELjo BUCKENMElYER Ar.KENNA.AiDRI DGE PAMIBE.A MENER TIT C ORCORAN V$usmESs DENEL.OPMENT ENGAGEMENT & EcoN(-)Nfrc Etv PMVERMENT NETIGEEEBCIRE$C oi) DEVF.I.G1PMEsNT PE.A.NMNG e`AAe. C:aMMUNT'['y Rp',sou'RCES EXC:EI....LENC:E ACCO4JN_FAB11....FFY I INNOVATION ; INC:I....USION I EMPOWERMENT 1400E Cournty-City Building ''! 227 W..lefferson Blvd, South Bend, Irid iana 46601. p 574.2.35.9371. j www,soutribendin.gov G7 n2��tce,z ry),Lj I Ks Ll -T, lo- C9 PURCHASE AGREEMENT This Purchase Agreement ("Agreement"), entered into this \1 day of JUNE, 2019, by and between the Civil City of South Bend, Indiana, by and through its contracting body, the Board of Public Works ("Seller") and ROSA GONZALEZ 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 April 9, 2019. D. Pursuant to the Act and its advertisement on 04/12/2019, Seller opened bids for the purchase of the Property at a public hearing on 05/14/2019. 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 $850.00. 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 EIGHT HUNDRED FIFTY ($850) (the "Purchase Price"), payable by Buyer to Seller as mentioned above. B. Earn.estwMon ey...I��Jaq 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. 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 2 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. [Signatures on Following Page] 1 IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date. SELLER: BUYER: City of South Bend, by and through its Rosa Gonzalez Board of Public Works: _...(m.......:................................ Gary A. Gi ot, Board President Signature &rcsc J. or aia, Member Date 1 -1 ----------------- W a eth A. Maradik, Member r *ZL 111en— Genevieve Miller, Member Laura O'Sullivan, Member 0 EXHIBIT A Description of Property Address: 1510 Ford St., South Bend, IN 46619 Parcel ID: 018-3085-3416 Legal Description: 19 Ft East Side Lot 19 Arnold Hines & Wilsons Sub Bol 100-102 RETURN TO: ROSA GONZALEZ 1506 FORD ST. SOUTH BEND, IN 46619 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 ROSA GONZALEZ, 1506 Ford St., South Bend, IN 46619, an Indiana resident (the "Grantee") for and in consideration of Eight Hundred Fifty ($ 850.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following real estate in St. Joseph County, Indiana: See EXII1B1T 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 .. 2019. GRANTOR: City of South Bend, Indiana, by and through its Board of Public Works 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 2019, 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: 1510 Ford St., South Bend, IN 46619 Parcel ID: 018-3085-3416 Legal Description: 19 Ft East Side Lot 19 Arnold Hines & Wilsons Sub Bol 100-102 CITY OF SOUTHBEND COMMUNITY INVESTMENT DATE, June 3, 2019 FROM: Andrew Netter, Property Development Analyst SUBJECT: Award Bid — Sale of City -Owned Property at 1512 Ford St. On 05/14/2019 the Board of Public Works opened bids for the sale of city -owned property, 1512 Ford St. South Bend, IN 46619. Rosa Morales de Gonzalez was the sole bidder for this property. DCI requests the Board of Public Works award the winning bid to Rosa Morales de Gonzalez for the amount of $875.00. This price does not include the cost of advertisement, a sales disclosure form, transferring, and recording fees to also be incurred by Rosa Morales de Gonzalez. IDANIEKj, BUCK 11NMEYER AmEYNA AiAMDCE PANIELA MEYER TIM C. ORCORAN BUSINESS DEVELOPMENT ENGAGEMENT & FiCONONIKC N MPOIVE.RNiEN-r NElCiHHORHOOD DEVELOPWNT PLANNING & COMMUNITY RE:SOURCH EXCELLENCE , ACCOUNTABILITY! INNOVATION !, INCLUSION EMPOWERMENT 1400S County -City Building 227 W. Jefferson Blvd, South Bend, Indiana 46601 p 574.235.9371 i www.southbendin.gov V-Y\LA Otddy-P-S5 'Ic-, (.0 rc) y c) I Si coy- We's 1, ct V-vq 4h-k- LO "FIQVID, Ourd Of PuMc Works I PURCHASE AGREEMENT This Purchase Agreement ("Agreement"), entered into this VV day of June, 2019, by and between the Civil City of South Bend, Indiana, by and through its contracting body, the Board of Public Works ("Seller") and ROSA GONZALEZ 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 April 9, 2019. D. Pursuant to the Act and its advertisement on 04/12/2019, Seller opened bids for the purchase of the Property at a public hearing on 05/14/2019. 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 $875.00. 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. PurchasemmmPriccm The purchase price for the Property shall be EIGHT HUNDRED SEVENTY FIVE ($875) (the "Purchase Price"), payable by Buyer to Seller as mentioned above. B. Earnest Money DDepLosit. 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 2 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. [Signatures on Following Page] 3 IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date. SELLER: BUYER: City of South Bend, by and through its Rosa Gonzalez Board of Public Works: ...... . ... . �Al-ji�;�- Gary A. Gilot, Board President Signature .......................... Therese J �Fo'r'- �, ember_ �... Date .w Elizabeth ...A..... Maradik, Member -8 Genevieve Miller, Member Laura O'Sullivan, Member E EXHIBIT A Description of Property Address: 1512 Ford St., South Bend, IN 46619 Parcel ID: 018-3 085-3415 Legal Description: 28.8 Ft West Side Lot 19 Arnolds & Hines & Wilsons Sub Bol 100-102 RETURN TO: ROSA GONZALEZ 1506 FORD ST. SOUTH BEND, IN 46619 Quit Claim Deed QUIT CLAIM DEED AUDITOR'S RECORD TRANSFER NO, ITIT IT ... ............._ 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 ROSA GONZALEZ, 1506 Ford St., South Bend, IN 46619, an Indiana resident (the "Grantee") for and in consideration of Eight Hundred Seventy Five ($ 875.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following real estate in St. Joseph County, Indiana: See EX11181'r 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 2019, GRANTOR: City of South Bend, Indiana, by and through its Board of Public Works 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 ^ --------- 2019, 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. F.XHTRTT A Description of Property Address: 1512 Ford St., South Bend, IN 46619 Parcel ID: 018-3085-3415 Legal Description: 28.8 Ft West Side Lot 19 Arnolds & Hines & Wilsons Sub Bol 100-102