HomeMy WebLinkAboutMOU - Transfer of Tax Sale Certificates for Four (4) Parcels – Board of Commissioners of St. Joseph CountyMEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this l ith.
day of Aug, 2020, by and between the City of South Bend, acting by and through its
Board of Public Works ("City") and the Board of Commissioners of St. Joseph County
("County").
WHEREAS, the County holds tax sale certificates for numerous parcels of real estate
("Parcel") located within St. Joseph County and the City of South Bend from the St. Joseph
County Delinquent Tax Sales; and
WIJEREAS, the City desires to acquire and improve four (4) parcels represented
by certain of the tax sale certificates being held by the County with such parcels being identified
in Exhibit A (attached hereto and made a part hereof) ("Certificate Parcels"); and
WHEREAS, the County agrees to facilitate the process of conveying such parcels to the
City and the City agrees to accept title and ownership of the Certificate Parcels under the terms
and conditions set out in this MOU.
NOW, THEREFORE, for good and valuable consideration and the mutual benefits to be
derived by the parties hereto, the City and County agree as follows:
1. The County agrees to commence the statutory process of the City acquiring title to
the Certificate Parcels identified herein upon execution of this MOU. This shall include
providing the two (2) statutory notices; filing of a Petition for Deed; and securing a deed to the
City for each parcel.
2. The City agrees to acquire the Certificate Parcels set forth as Exhibit "A" attached
hereto and incorporated herein with reimbursement of administrative costs incurred by the
County to acquire the title to the Certificate Parcels through the statutory process set out in
paragraph 1 above.
3. This transfer of the Certificate Parcels to the City is made without any
representation or warranty by the County and the Certificate Parcels are transferred "as is, where
is". The County makes no representation or warranty concerning the condition, environmental
issues, liens, encumbrances, tax warrants, or any other aspect of the Certificate Parcels.
4. In addition, the City shall be responsible for payment of the costs of the recording
of the Deeds for the Certificate Parcels, if any.
above.
WHEREFORE, the parties have executed this MOU effective as of the date first written
BOARD OF PUBLIC WORKS
BOARD OF COMMISSIONERS,
ST. JOSEPH COUNTY
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Therese J. Doran, Member
^) L ,(- ' --
Jordan V. Gathers, Member
Joseph R. Molnar, Member
ATTEST:
-4ZI11GfGt �if -fG7-I&
Linda M. Martin, Clerk
Property ID
Property Address
Legal. Desc
018-1085-3547
1015 Allen South Bend 46616
10 Ft S Side Lot 78 & 30 Ft N Side Lot 77 Muessels 1st
018-1085-3548
1011 N Allen St South Bend 46616
20 Ft S Side Lot 77 & 20 Ft N Side Lot 76 Muessels 1st
018-1086-3676
822 Blaine South Bend 46616
Lot 113 Muessels 2nd Add & S 1 /2 Vac Alley 01-02 Alley Vac
00
018-1050-2174
314 Walnut South Bend 46628
Lot 76 Swygarts lst
eL` 1' t • A
MITCHELL R. HEPPENHEIMER, J.D.
JAMES F. HORPAL, J.D.
HEPPENHEIMER & KOR.PAL
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
704 WEST WASHINGTON AVENUE
SOUTH BEND, INDIANA 46601
(1574) 232-5883
FAX (574) 232.4490
June 29, 2020
Stephanie Steele, Corporation Counsel
City of South Bend Department of Law
227 W. Jefferson Blvd., Suite 1200-South
South Bend, IN 46601
RE:
Dear Ms. Steele:
www.hepkorlaw.corn
Reimbursement of Administrative Costs for Tax
Certificate Parcels
This letter represents the agreement by and between the City of South Bend ("City") and Board of
Commissioners of St. Joseph County ("County") to complete all the statutory requirements to enable the
City or its designated City Department to secure tax title deeds and to complete quiet title actions to quiet
title in the City or its designated City Department for not more than four (4) parcels of real estate the City
desires to acquire from the County.
The administrative costs to secure the tax title deeds shall be $600.00 per parcel.
Further, the County and City acknowledge and agree that there may be additional out-of-pocket expenses
incurred in providing statutory Notices including, but not limited to, the cost of certified mailing and/or
publishing of legal notices.
In addition, the City shall pay the cost of obtaining title information in the amount of $125.00 per parcel
which expenses shall be reimbursed by the City to the County at the time the County tenders an invoice
for same.
The cost to be charged by the County for quiet title actions shall be $400.00 per parcel to be reimbursed
by the City to the County as invoiced. In addition, the City will reimburse the County for any and all
court filing gees and costs for Notice by Publication.
APPROVED:
Step ianie Steele, Corporation Counsel
City of South Bend, Indiana
BOARD OF COMMISSIONERS OF
ST. JOSEPH COUNTY
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 8/3/20
Name Liz Maradik Department DCI
BPW Date 8/11/20 Phone Extension x5821
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer El Officer Name
BPW Attorney ❑ Attorney Name
Dept. Attorney ER Attorney Name Sandi Kennedy
Purchasing ❑
Check the AppMriate Item Type — Required for All Submissions
LJ Professional Services Agreement LJ Contract LJ Proposal
❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes
❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA
❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution
ER Other: MOU ❑ Ease./Encroach
Required Information
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Board of Commissioners of St. J
Yes❑ If Yes, Approved by Purchasing
No
❑ MBE Completed E-Verify Form Attached
❑ WBE
Transfer of Tax Sale Parcels
For Change Orders Only
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount $
Increase %
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Completion Date:
Decrease
Increase %
Decrease ( %)
❑ Yes
❑ No