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HomeMy WebLinkAboutAward Bid - Sale of City Property for 142 N. Chicago & 722 N LaPorte Ave. - Victor Lopez1316 COUNTY —CITY BUILDING %`1 J' _ PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD PEACE E' � 1 FAX 574/ 235-9171 SOI ITH BEND. INDIANA 46601-1 930 t �! row � " 1 11I CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS November 26, 2019 Mr. Victor Lopez 1110 Lincoln Way West South Bend, IN 46616 RE: Award Bid — Sale of City Property Dear Mr. Lopez: The Board of Public Works, at its meeting held on November 26, 2019, awarded the above referenced bid, and approved the Purchase Agreement, to you for 142 N. Chicago St. in the amount of $950 and 722 N. LaPorte Ave. in the amount of $875. The Board also approved the purchase of 517 Allen St. from you in the amount of $925. Enclosed please find two copies of the Purchase Agreement for your signature. Please sign and return one original agreement to our office and a check made out to the City of South Bend for $992 (sale of two (2) properties, minus City's purchase of your property and closing fees) to Community Investment, Ste. 1400 S. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, yyqp Linda M. Martin, Clerk Enclosures GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT TO BUY AND SELL REAL ESTATE This Agreement to Buy and Sell Real Estate ("Agreement") is dated effective the 26th day of November 2019 and made by and between Victor Lopez, of 1110 Lincoln Way West, South Bend, Indiana 46616 ("Buyer") and the City of South Bend, Indiana (the "City"), acting by and through its Board of Public Works ("Seller") (each a "Party" and together the "Parties"). RECITALS A. Pursuant to Indiana Code Sec. 36-1-11-5, Seller is selling certain properties in the City commonly known as 722 N. LaPorte Avenue ("LaPorte Property") and 142 N. Chicago Street ("Chicago Property" and, together with the LaPorte Property, the "Property"), both of which are more particularly described on Exhibit A. B. Buyer owns property that abuts the LaPorte Property to the south and property that abuts the Chicago Property to the south. C. The Property was advertised for sale on October 11, 2019 and October 18, 2019, and bids were opened on November 12, 2019. D. The Seller's bids were accepted by the Seller at its regular meeting held on November 26, 2019. E. In partial payment of the purchase price for the Property and pursuant to Indiana Code Sec. 36-1-11-7, the Buyer and Seller have agreed to the Buyer's transfer to the Seller of certain property in the City commonly known as 517 Allen Street ("Allen Property"), which is more particularly described on Exhibit B. F. The City owns property that abuts the Allen Property to the north. G. The Parties desire to memorialize the terms of the property exchange as set forth herein. 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. PURCHASE AND SALE OBLIGATION Seller agrees to sell the Property to the Buyer and Buyer agrees to sell to Seller the Allen Property upon the terms and conditions set forth herein. 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 (the "Contract Date"). 2. PURCHASE PRICE The purchase price for the Property shall be One Thousand Nine Hundred Seventeen Dollars ($1,917.00) (the "Property Purchase Price"), payable by Buyer to Seller as described in Section 7 (the "Closing," the date of which is the "Closing Date"). The purchase price for the Allen Property shall be Nine Hundred Twenty -Five Dollars ($925.00) (the "Allen Property Purchase Price"), payable by Seller to Buyer as described in Section 7. 3. PRESERVATION OF TITLE AND CONDITION A. Buyer represents and warrants that he has not taken any action or allowed any action to be taken by others to cause the Allen Property to become subject to any new interests, liens, restrictions, easements, covenants, reservations or other matters affecting the Buyer's title thereto, and will not suffer any new interest, liens, restrictions, easements, covenants, reservations, or other matters affecting the Buyer's title thereto to occur up to the date of Closing (such matters are referred to as "Encumbrances"). Seller represents and warrants that it has not taken any action or allowed any action to be taken by others to cause any Encumbrances to arise with regard to the Property and will not suffer any Encumbrances to arise up to the date of Closing. B. Further, Buyer covenants that he will not alter the condition of the Allen Property at any time after the date of this Agreement, and Buyer will not release any hazardous substances on or near the Allen Property or otherwise collect or store hazardous substances or other materials, goods, refuse or debris at the Allen Property. Likewise, Seller covenants that it will not alter the condition of the Property at any time after the date of this Agreement, and Seller will not release any hazardous substances on or near the Property or otherwise collect or store hazardous substances or other materials, goods, refuse or debris at the Property. 4. PARTIES' REPRESENTATIONS AND WARRANTIES The undersigned Seller represents and warrants to Buyer that Seller owns fee simple title to the Property and is fully empowered to sell the Property to Buyer under the terms and conditions stated in this Agreement. The undersigned Buyer represents and warrants to Seller that Buyer owns fee simple title to the Allen Property and is fully empowered to sell the Allen Property to Seller under the terms and conditions stated in this Agreement. The Buyer further represents and warrants that he is not delinquent on the payment of any real property taxes for any properties owned within the City. 5. CLOSING A. 1'imin , off Cloi ag. The transfer of titles contemplated by this Agreement (the "Closing") shall be held at the office of the Department of Community Investment, 1400 S. County -City Building, 227 W Jefferson Ave, South Bend, Indiana 46601, on a 0) mutually agreeable date not later than sixty (60) days after the execution of this Agreement. B. Closing Procedure. (1) At Closing, Buyer shall deliver the Property Purchase Price to Seller, less the Allen Property Purchase Price, and a quit claim deed, substantially in the form attached hereto as Exhibit C, conveying the Allen Property, free and clear of all liens, encumbrances, judgments, title defects and exceptions, except those expressly waived by the Seller. (2) The Seller shall deliver a quit claim deed, substantially in the form attached hereto as Exhibit ID, conveying the Property, free and clear of all liens, encumbrances, judgments, title defects and exceptions, except those expressly waived by Buyer. (3) The possession of the Property shall be delivered to the Buyer at Closing, in substantially the same condition as it exists on the Contract Date, ordinary wear and tear and casualty excepted. The possession of the Allen Property shall be delivered to the Seller at Closing, in substantially the same condition as it exists on the Contract Date, ordinary wear and tear and casualty excepted. D. Closinp, Costs. The Parties shall each pay their respective recordation costs associated with the transaction contemplated in this Agreement. E. personal Propcty. Any personal property remaining at the Property after Closing will be deemed to be abandoned by the Seller, and Buyer, in its sole discretion, may choose to exercise possession of and control over any such personal property. Any personal property remaining at the Allen Property after Closing will be deemed to be abandoned by the Buyer, and Seller, in its sole discretion, may choose to exercise possession of and control over any such personal property. F. Bu cr's Due Diligence. Buyer acknowledges that Buyer has conducted his own due diligence and acknowledges that the Allen Property Purchase Price is fair and reasonable and waives any right that Buyer may have to an appraisal or to contest or challenge the validity of compensation received under this Agreement. 8. ACCEPTANCE OF PROPERTY "AS -IS" Except as otherwise set forth herein, 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 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. Except as otherwise set forth herein, Seller agrees to purchase the Allen Property "as -is, where -is" and without any representations or warranties by Buyer as to the condition of 91 the property or its fitness for any particular use or purpose. Buyer 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. 9. TAXES Buyer will pay all real property taxes on the Allen Property accrued as of the Closing Date. Seller will have no liability for any amount of real property taxes on the Allen Property as of the Closing Date. Buyer shall pay all real property taxes on the Property accruing after the Closing Date. Seller represents and warrants that no real property taxes are due with regard to the Property as of the Closing Date. 10. COMMISSIONS The Parties acknowledge that neither Buyer nor Seller is represented by any broker in connection with the transaction contemplated in this Agreement. Buyer and Seller agree to indemnify and hold one another harmless from any claim for commissions in connection with the transaction contemplated in this Agreement. 11. APPLICABLE LAW; JURISDICTION This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. 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. 12. NOTICES All notices required or allowed by this Agreement, before or after Closing, shall be delivered in person or by certified mail, return receipt requested, postage prepaid, addressed to Buyer at the address at the beginning of this Agreement, or to Seller in care of Seller's Representative, Department of Community Investment, 1400 S. County -City Building, 227 W Jefferson Blvd., South Bend, IN 46601, Attn. Andrew Netter (with a copy to South Bend Legal Department, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, IN 46601, Attn: Corporation Counsel). Either Party may, by written notice, modify the address for future notices to such Party. 13. 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. 2 14. COUNTERPARTS; SIGNATURES 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. 15. AUTHORITY TO EXECUTE The undersigned persons executing and delivering this Agreement on behalf of Buyer and Seller represent and certify that they are the duly authorized representatives of Buyer and Seller and have been fully empowered to execute and deliver this Agreement and that all necessary action has been taken and done. 16. ACKNOWLEDGMENT OF UNDERSTANDING The Parties negotiated this A reement at arms' length, and each Party has had an. oRportunity to consult with legal counsel. Each Party hereby ,acknowledges and affirms that it understands and is willing to he bound by the terms of this Agreement. [Signature Page Follows] 5 IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the 26th day of November 2019. BUYER: Victor Lopez 1110 Lincoln Way South Bend, IN 46616 SELLER: City of South Bend, Indiana Board of Public Works Gary �GiloPresident Therese Dorau, Member Elizabeth Maradik, Member Genevieve Miller,, ATTEST: Linda Martin, Clerk 3 EXHIBIT A Description of Property 722 N. LaPorte Ave., South Bend, IN 46628, more particularly described as Lot 38 in the Pleasant Home Addition, as the same is recorded in the St. Joseph County, Indiana Recorder's Office. Parcel Key No. 018-1039-1688 142 N. Chicago St., South Bend, IN 46619, more particularly described as 40 ft. of the north end of Lot 1017 in the LaSalle Park 2nd and the south 21 ft. of the vacated street, as the same is recorded in the St. Joseph County, Indiana Recorder's Office. Parcel Key No. 018-4067-2477 EXHIBIT B Description of Allen Property 517 Allen St., South Bend, IN 46616, more particularly described as Lot 22 in the J N Lederers Addition, as the same is recorded in the St. Joseph County, Indiana Recorder's Office. Parcel Key No. 018-1035-1525 AGREEMENT TO BUY AND SELL REAL ESTATE This Agreement to Buy and Sell Real Estate ("Agreement") is dated effective the 26th day of November 2019 and made by and between Victor Lopez, of 1110 Lincoln Way West, South Bend, Indiana 46616 ("Buyer") and the City of South Bend, Indiana (the "City"), acting by and through its Board of Public Works ("Seller") (each a "Party" and together the "Parties"). RECITALS A. Pursuant to Indiana Code Sec. 36-1-11-5, Seller is selling certain properties in the City commonly known as 722 N. LaPorte Avenue ("LaPorte Property") and 142 N. Chicago Street ("Chicago Property" and, together with the LaPorte Property, the "Property"), both of which are more particularly described on Exhibit A. B. Buyer owns property that abuts the LaPorte Property to the south and property that abuts the Chicago Property to the south. C. The Property was advertised for sale on October 11, 2019 and October 18, 2019, and bids were opened on November 12, 2019. D. The Seller's bids were accepted by the Seller at its regular meeting held on November 26, 2019. E. In partial payment of the purchase price for the Property and pursuant to Indiana Code Sec. 36-1-11-7, the Buyer and Seller have agreed to the Buyer's transfer to the Seller of certain property in the City commonly known as 517 Allen Street ("Allen Property"), which is more particularly described on Exhibit B. F. The City owns property that abuts the Allen Property to the north. G. The Parties desire to memorialize the terms of the property exchange as set forth herein. 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. PURCHASE AND SALE OBLIGATION Seller agrees to sell the Property to the Buyer and Buyer agrees to sell to Seller the Allen Property upon the terms and conditions set forth herein. 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 (the "Contract Date"). 2. PURCHASE PRICE The purchase price for the Property shall be One Thousand Nine Hundred Seventeen Dollars ($1,917.00) (the "Property Purchase Price"), payable by Buyer to Seller as described in Section 7 (the "Closing," the date of which is the "Closing Date"). The purchase price for the Allen Property shall be Nine Hundred Twenty -Five Dollars ($925.00) (the "Allen Property Purchase Price"), payable by Seller to Buyer as described in Section 7. 3. PRESERVATION OF TITLE AND CONDITION A. Buyer represents and warrants that he has not taken any action or allowed any action to be taken by others to cause the Allen Property to become subject to any new interests, liens, restrictions, easements, covenants, reservations or other matters affecting the Buyer's title thereto, and will not suffer any new interest, liens, restrictions, easements, covenants, reservations, or other matters affecting the Buyer's title thereto to occur up to the date of Closing (such matters are referred to as "Encumbrances"). Seller represents and warrants that it has not taken any action or allowed any action to be taken by others to cause any Encumbrances to arise with regard to the Property and will not suffer any Encumbrances to arise up to the date of Closing. B. Further, Buyer covenants that he will not alter the condition of the Allen Property at any time after the date of this Agreement, and Buyer will not release any hazardous substances on or near the Allen Property or otherwise collect or store hazardous substances or other materials, goods, refuse or debris at the Allen Property. Likewise, Seller covenants that it will not alter the condition of the Property at any time after the date of this Agreement, and Seller will not release any hazardous substances on or near the Property or otherwise collect or store hazardous substances or other materials, goods, refuse or debris at the Property. 4. PARTIES' REPRESENTATIONS AND WARRANTIES The undersigned Seller represents and warrants to Buyer that Seller owns fee simple title to the Property and is fully empowered to sell the Property to Buyer under the terms and conditions stated in this Agreement. The undersigned Buyer represents and warrants to Seller that Buyer owns fee simple title to the Allen Property and is fully empowered to sell the Allen Property to Seller under the terms and conditions stated in this Agreement. The Buyer further represents and warrants that he is not delinquent on the payment of any real property taxes for any properties owned within the City. 5. CLOSING A. Tirging of Closing,. The transfer of titles contemplated by this Agreement (the "Closing") shall be held at the office of the Department of Community Investment, 1400 S. County -City Building, 227 W Jefferson Ave, South Bend, Indiana 46601, on a 2 mutually agreeable date not later than sixty (60) days after the execution of this Agreement. B. Classing P� dulre. (1) At Closing, Buyer shall deliver the Property Purchase Price to Seller, less the Allen Property Purchase Price, and a quit claim deed, substantially in the form attached hereto as Exhibit; C, conveying the Allen Property, free and clear of all liens, encumbrances, judgments, title defects and exceptions, except those expressly waived by the Seller. (2) The Seller shall deliver a quit claim deed, substantially in the form attached hereto as Exhibit D, conveying the Property, free and clear of all liens, encumbrances, judgments, title defects and exceptions, except those expressly waived by Buyer. (3) The possession of the Property shall be delivered to the Buyer at Closing, in substantially the same condition as it exists on the Contract Date, ordinary wear and tear and casualty excepted. The possession of the Allen Property shall be delivered to the Seller at Closing, in substantially the same condition as it exists on the Contract Date, ordinary wear and tear and casualty excepted. D. Closing Casts. The Parties shall each pay their respective recordation costs associated with the transaction contemplated in this Agreement. E. Personal Property'.Any personal property remaining at the Property after Closing will be deemed to be abandoned by the Seller, and Buyer, in its sole discretion, may choose to exercise possession of and control over any such personal property. Any personal property remaining at the Allen Property after Closing will be deemed to be abandoned by the Buyer, and Seller, in its sole discretion, may choose to exercise possession of and control over any such personal property. F. Buyers Due Diligence. Buyer acknowledges that Buyer has conducted his own due diligence and acknowledges that the Allen Property Purchase Price is fair and reasonable and waives any right that Buyer may have to an appraisal or to contest or challenge the validity of compensation received under this Agreement. 8. ACCEPTANCE OF PROPERTY "AS -IS" Except as otherwise set forth herein, 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 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. Except as otherwise set forth herein, Seller agrees to purchase the Allen Property "as -is, where -is" and without any representations or warranties by Buyer as to the condition of 7 the property or its fitness for any particular use or purpose. Buyer 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. 9. TAXES Buyer will pay all real property taxes on the Allen Property accrued as of the Closing Date. Seller will have no liability for any amount of real property taxes on the Allen Property as of the Closing Date. Buyer shall pay all real property taxes on the Property accruing after the Closing Date. Seller represents and warrants that no real property taxes are due with regard to the Property as of the Closing Date. 10. COMMISSIONS The Parties acknowledge that neither Buyer nor Seller is represented by any broker in connection with the transaction contemplated in this Agreement. Buyer and Seller agree to indemnify and hold one another harmless from any claim for commissions in connection with the transaction contemplated in this Agreement. 11. APPLICABLE LAW; JURISDICTION This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. 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. 12. NOTICES All notices required or allowed by this Agreement, before or after Closing, shall be delivered in person or by certified mail, return receipt requested, postage prepaid, addressed to Buyer at the address at the beginning of this Agreement, or to Seller in care of Seller's Representative, Department of Community Investment, 1400 S. County -City Building, 227 W Jefferson Blvd., South Bend, IN 46601, Attn. Andrew Netter (with a copy to South Bend Legal Department, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, IN 46601, Attn: Corporation Counsel). Either Party may, by written notice, modify the address for future notices to such Party. 13. 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. 4 14. COUNTERPARTS; SIGNATURES 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. 15. AUTHORITY TO EXECUTE The undersigned persons executing and delivering this Agreement on behalf of Buyer and Seller represent and certify that they are the duly authorized representatives of Buyer and Seller and have been fully empowered to execute and deliver this Agreement and that all necessary action has been taken and done. 16. ACKNOWLEDGMENT OF UNDERSTANDING The Parties negotiated this A reement at arms' length, and each Par has had an opportuni!j to consult with legal counsel. Each_Party hereby acknowledges and affirms that it understands and is willing to be bound by the terms of this Agreement. [Signature Page Follows] IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the 26th day of November 2019. BUYER: Victor Lopez 1110 Lincoln Way South Bend, IN 46616 SELLER: City of South Bend, Indiana Board of Public Works Gary Gilot, President Therese Dorau, Member � 1 L w-. .. Elizabeth Maradik, Member ATTEST: Linda. Martin, Clerk 0 EXHIBIT A Description of Property 722 N. LaPorte Ave., South Bend, IN 46628, more particularly described as Lot 38 in the Pleasant Home Addition, as the same is recorded in the St. Joseph County, Indiana Recorder's Office. Parcel Key No. 018-1039-1688 142 N. Chicago St., South Bend, IN 46619, more particularly described as 40 ft. of the north end of Lot 1017 in the LaSalle Park 2nd and the south 21 ft. of the vacated street, as the same is recorded in the St. Joseph County, Indiana Recorder's Office. Parcel Key No. 018-4067-2477 EXHIBIT B Description of Allen Property 517 Allen St., South Bend, IN 46616, more particularly described as Lot 22 in the J N Lederers Addition, as the same is recorded in the St. Joseph County, Indiana Recorder's Office. Parcel Key No. 018-1035-1525