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Home My WebLink AboutAward Bid - Sale of City Owned Property 407 Cottage Grove - Jose Arevalo1316 COUNTY -CITY BUILDING r,"r` 1 PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD ' /; ' FAX 574/ 235-9171 SOUTH BEND. INDIANA 46601-1 830 186 ,suz. CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR October 22, 2019 Jose Arevalo Bobadilla Investments, LLC. P.O. Box 1123 Notre Dame, IN 46556 RE: Bid Award — Sale of City -Owned Property — 407 Cottage Grove Dear Mr. Arevalo: The Board of Public Works, at its meeting on October 22, 2019, approved the award of and Purchase Agreement for the above referenced property in the amount of $1,450 to you, plus advertising fees, the cost of filing a Sales Disclosure Form, and the cost of transferring and recording the property. Please remit a certified check to Community Investment, made payable to the City of South Bend, in the amount of $1,450 plus. 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 IrO N' AI< '&.."" ... 2M F'"'.,. ^" ,, 4j, P&ree.[ S ewe"nt.✓" i�°,11 ASotl � mom, kxt /zj°- ' e, Cal GTE,: �o Ty A) 4123 � w 6 1, (till ITY OF SOUTHBEND COMMUNITY INVESTMENT , ITIN KMN, INTERIM DIRECTOR DATE: October 14, 2019 FROM: Andrew Netter, Property Development Analyst SUBJECT: Award Bid — Sale of City -Owned Property at 407 Cottage Grove Ave. On 10/08/2019 the Board of Public Works opened bids for the sale of city -owned property, 407 Cottage Grove Ave., South Bend, IN 46616. Bobadilla Investment, LLC., c/o Jose Arevalo, was the sole bidder for this property. DCI requests the Board of Public Works award the winning bid to Bobadilla Investment, LLC., c/o Jose Arevalo, for the amount of $1,450.00. This price does not include the cost of advertisement, a sales disclosure form, transferring, and recording fees to also be incurred by Bobadilla Investment, LLC., c/o Jose Arevalo. �11 IIII pp .. IIII, ds,ti��is.�l� 4;r� w1dlN�Iit�iaL:V9+Y ��I�'47�1V,i�„alpl4 YY �m Emu .,. ,._ DANIE.I.J. BUCKF.NMEYER ALKFYNA ALDRIDGE PAMEIA MEYER TIM CORCORAN BUSINESS DFVFLOPMENT ENGAGFMPNN7' &. ECONOMIC EMPOWFRMEN'I' NmCH13ORfIOOI) DEVELOPMENT PLANNING & COMMUNITY RESOURCES EXCELLENCE j ACCOUNTABILITY j INNOVATION ; INCLUSION 1 EMPOWERMENT 1400S County -City Building's 227 W. Jefferson Blvd. South Bend, Indiana 46601 ! p 574.235,9371 1 www.southbendin.gov PURCHASE AGREEMENT This Purchase Agreement ("Agreement"), entered into this 22nd day of October, 2019, by and between the Civil City of South Bend, Indiana, by and through its contracting body, the Board of Public Works ("Seller") and Bobadilla Investments LLC, 555 N. Point Center, E. 4ch Alpharetta, GA 30022, 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 September 10, 2019. D. Pursuant to the Act and its advertisement on ....._.., Seller opened bids for the purchase of the Property at a public hearing on 10/08/2019. 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 $1,450.00. A certified check in the aforementioned amount plus the cost of the Advertising Fee, Transfer fee, Recording Fee and County Sales Disclosure Form fee (hereinafter, "Associated Fees") shall be delivered to the following representative ("Seller's Representative") no later than 60 days from the date of this Agreement. Linda Martin Department of Public Works City of South Bend 116 S. County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 2. PURCHASE PRICE AND EARNEST MONEY DEPOSIT A. Purchase Price. The purchase price for the Property shall be One Thousand, Four Hundred, Fifty ($ 1,450.00) (the "Purchase Price"), payable by Buyer to Seller as mentioned above. B. lamest Money licit. 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. Waivc1 o `R1r �Prial. Both Parties hereby waive any right to trial by jury with respect to any action or proceeding relating to this Agreement. 5. 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. 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. 3 [Signatures on Following Page] IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date. BUYER: SELLER: Bobadilla Investments, LLC. City of South Bend, by and through its Board of Public Works: Printed Name Elizabeth A. Maradik, Member Therese Jorau, M.. err M EXHIBIT A Description of Property Address: 407 Cottage Grove Ave., South Bend, IN 46616 Parcel ID: 018-1030-13 52 Legal Description: Mid 42 1/2'Of Lot 16 Mid42 1/2' E 21.5' Lot 15 Fuerbringers 2nd Add Quit Claim Deed RETURN TO: AUDITOR'S RECORD Bobadilla Investments, LLC. TRANSFER NO. 555 NORTH POINT CTR E 4TH TAXING UNIT ALPHARETTA, GA 30022-8269 DATE KEY NO. QUIT CLAIM DEED 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 Bobadilla Investments LLC, 555 N. Point Center, E. 4th Alpharetta, GA 30022, an Indiana resident (the "Grantee") for and in consideration of One Thousand, Four Hundred, Fifty ($ 1,450.00) 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 ATTEST: By:_..�..................................................................... Dawn Jones, City Clerk day of ....... , 2019. GRANTOR: City of South Bend, Indiana, by and through its Board of Public Works IL0 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 ay of „ 2018, personally appeared Pete Buttigieg and Kareemah Fowler, to me _m 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 m , 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: 407 Cottage Grove Ave., South Bend, IN 46616 Parcel ID: 018 -103 0-13 52 Legal Description: Mid 42 1/2'Of Lot 16 Mid42 1/2' E 21.5' Lot 15 Fuerbringers 2nd Add BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date October 14, 2019 Name Andrew Netter Department DCI Division/Bureau Planning BPW Date 10/22/2019 Phone Extension 5931 ai¢IdVWiMYVI IWMImBMIm;tiN � �'�NIWI /5 ,0000 q�Wi�iWLMY AiwttdM� �..m a�xbFr�/ wnTi'VotvYilYmnwnrs�ursan ,.+Nq VitMWN "' I�Xf" NIDAl�18'MIV.1YViM:b�P.vnwvnmrwm�k�rt.N'�N04]@!%G1.++�++�„ry„ryµy,W,�JJ�y/;JWI�14kNIM'�"M11flI�VY!NiYBImimR' _�.. ..._ wired Pno�.._ r to Submittal to Board 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 El Check the A� El Agreement Amendment ❑ Professional Services Bid Opening MI Quote Opening Fl Change Order No. El Ease/Encroach. Other: Company or Vendor Name TgKir to item I p — Contract ❑ Resolution Bid Award El Quote Award ❑ C/O & PCA No. El Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description uired Information 1,450 )r All Submissions Proposal ❑Addendum Req. to Advertise ❑ Title Sheet PCA Request to award bid for property sale to Bobadilla Investment, 450Plus associated fee. LLC for 1... ._..... Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) ._ w,��ITITFor Gfia °fJrders E] Increase Amount of ............ n Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Copy Original ® ❑ Andrew Netter