HomeMy WebLinkAboutAward Bid - Sale of City Owned Property 1007 Oak Street - Donna AdkinsM
1316 COUNTY—CrrY BUILDING 1
PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD -
MA %' FAX 574/ 235-9171
SDI7TH BEND. INDIANA 46601-1 930
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CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
September 10, 2019
Donna Adkins
410 Sherman Avenue
South Bend, IN 46616
RE: Bid Award — Sale of City -Owned Property —1007 Oak Street
Dear Ms. Adkins:
The Board of Public Works, at its meeting on September 10, 2019, approved the award of
and Purchase Agreement for the above referenced property in the amount of $1,375 to you.
The advertising fees are $49.30, the cost of filing a Sales Disclosure Form is $10.00, and the
cost of transferring and recording the property is $31.00. Please remit a certified check to
Community Investment, made payable to the City of South Bend, in the amount of
$1,465.30 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. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
CITY OF SOUTHBEND
COMMUNITY INVESTMENT
DATE: August 30, 2019
FROM: Andrew Netter, Property Development Analyst
SUBJECT Award Bid — Sale of City -Owned Property 1007 Oak, South Bend, IN
46616
On 08/13/2019 the Board of Public Works opened bids for the sale of city -owned property,
1007 Oak, South Bend, IN 46616. Donna Adkins was the sole bidder for this property.
DCI requests the Board of Public Works award the winning bid to Donna Adkins for the
amount of $1,375.00. This price does not include the cost of advertisement, a sales
disclosure form, transferring, and recording fees to also be incurred by Donna Adkins.
80AArd ICI II P
DANIEL J. BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER Tim C:ORCORAN
BUSINESS DEVELOPMENT ENGAGEMENT & ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING & COMMUNITY RESOURCES
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION 4 EMPOWERMENT
1400S County -City Building 1227 W. Jefferson Blvd. South Bend, Indiana 466011 p 574.235,93711 www.southbendin.gov
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PURCHASE AGREEMENT
This Purchase Agreement ("Agreement"), entered into this JXday of September,
2019, by and between the Civil City of South Bend, Indiana, by and through its
contracting body, the Board of Public Works ("Seller") and Donna Adkins, 410 Sherman
Ave, 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 June 6, 2019.
D. Pursuant to the Act and its advertisement on 06/11/2019, Seller opened
bids for the purchase of the Property at a public hearing on 08/13/2019.
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 $1,375.00. A certified check in the aforementioned amount plus
the cost of the Advertising Fee, Transfer fee, Recording Fee and County Sales Disclosure
Form fee (hereinafter, "Associated Fees") shall be delivered to the following
representative ("Seller's Representative") no later than 60 days from the date of this
Agreement.
Linda Martin
Department of Public Works
City of South Bend
116 S. County -City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
2. PURCHASE PRICE AND EARNEST MONEY DEPOSIT
A. Purchase Price. The purchase price for the Property shall be One
Thousand Three Hundred Seventy -Five Dollars ($ 1,375.00) (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.
TAXES
2
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.
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. BINDIN I EFFECT' COUNTERPARTS' I ;NAILL .t'S
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.
BUYER:
Donna Adkins
Signature
Printed Name
SELLER:
City of South Bend, by and through its
Board of Public Works:
Gary A. Gilot, Board President
aura O'Sullivan, Me ' tuber �
Genevieve Miller, Member
Elizabeth A. Maradik, Membermm
ra. e J. oM. ..
"I'� � � s, �. � embee
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EXHIBIT A
Description of Property
Address: 1007 Oak St., South Bend, IN 46616
Parcel ID: 018 -103 3 -1462
Legal Description: 66 Ft S End Lot 19 William Millers Add
RETURN TO:
Donna Adkins
410 Sherman Ave.
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 Donna Adkins, 410 Sherman Ave, South Bend, IN 46616,
an Indiana resident (the "Grantee") for and in consideration of One Thousand Three Hundred
Seventy Five Dollars ($ 1,375.00) and other good and valuable consideration, the receipt whereof
is hereby acknowledged, the following real estate in St. Joseph County, Indiana:
See EXIII131I",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
ATTEST:
By:
Dawn Jones, City Clerk
day of 12019.
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.
EXHIBIT A
Description of Property
Address: 1007 Oak St., South Bend, IN 46616
Parcel ID: 018 -103 3 -1462
Legal Description: 66 Ft S End Lot 19 William Millers Add
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
August 29, 2019
Andrew Netter
Department DCI
Division/Bureau Planning
BPW Date 09/10/2019 Phone Extension 5931
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
LJ Agreement Amendment
0 Professional Services
F❑ Bid Opening
Quote Opening
Change Order No.
El Ease/Encroach.
Other: Award Bid and Si
Company or Vendor Name
U Contract
E] Resolution
® Bid Award
Quote Award
E] C/O & PCA No
n Traffic Control:
Purchase Aereement
New Vendor
MBE/WBE Contractor
MBE/WBE Contractor Requested
Project Name
Project Number
Funding Source
Account No.
Amount
Proposal
E] Req. to Advertise
Addendum
❑ Title Sheet
.............. ... _.........................................
❑ Yes ❑ No ❑ If Yes, Approved by
Purchasina
........
No F� Yes Name of
Sale of City -owned property at 1007 Oak.
1,37f5
Terms of Contract
Purpose/Description The BPW opened bids for the sa
le of 1007 on 8/13/2019. Donna
Adkins was the only bidder. The City requests to sell the
property for $13 pnus additional fees.
❑Required Contractor's Certification .............. .. .
q Forms Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of ❑ Increase $- ....................
E] Decrease m $
Previous Amount $
.............
Current Percent of Change: %
New Amount $
Total Percent of Change: %
DisDersall After
Copy
Original
®
❑ Andrew Netter