HomeMy WebLinkAboutAward Bid - Sale of City Property - 733 E. Indiana Ave.
P HONE 574/ 235-9251
1316 C OUNTY-C ITY B UILDING
F AX 574/ 235-9171
227 W. J EFFERSON B OULEVARD
S OUTH B END,I NDIANA 46601-1830
C ITY OF S OUTH B END J AMES M UELLER,M AYOR
B OARD OF P UBLIC W ORKS
September 8, 2020
Herbert L. Harris, Jr.
1517 High St.
South Bend, IN 46613
Dear Mr. Harris:
The Board of Public Works, at its meeting on September 8, 2020, approved the award of and
Purchase Agreement for the above referenced property in the amount of $750 to you. The
advertising fees are $49.30, the co
fees are $10.00 and the cost of transferring and recording the property is $26.00. Please remit a
certified check made payable to the City of South Bend, in the amount of $840.30 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 recorde 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,
s/Linda M. Martin, Clerk
Enclosure
G ARY A. G ILOT E LIZABETH A. M ARADIK T HERESE J. D ORAU J ORDAN V. G ATHERS J OSEPH R. M OLNAR
DATE: September 3, 2020
FROM:Andrew Netter, Property Development Analyst
SUBJECT:Award Bid – Sale of City-Owned Property at 733 E. Indiana Ave.
On 08/25/2020 the Board of Public Works opened bids for the sale of city-owned property, 733
E.Indiana Ave., South Bend, Indiana 46613. Herbert L. Harris Jr.was the sole bidder for this
property.
DCI requests the Board of Public Works award the winning bid to Herbert L. Harris Jr., for the
amount of $750.00. This price does not include the cost of advertisement, a sales disclosure form,
transferring, and recording fees to also be incurred by Herbert L. Harris Jr.
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”), entered into this 8th day of September,
2020, by and between the Civil City of South Bend, Indiana, by and through its
contracting body, the Board of Public Works (“Seller”) and Herbert L. Harris Jr., 1517
High St., South Bend, IN 46613 in his/her individual capacity. (“Buyer”) (Each a “Party”
and together the “Parties”).
W
ITNESSETH:
W
HEREAS, 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. 36-1-11-5, 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”).
ursuant to the Act, Seller requested to advertise the sale of the Property
C.P
on July 14, 2020.
D.Pursuant to the Act and its advertisement on 07/31/2020 & 08/07/2020,
Seller opened bids for the purchase of the Property at a public hearing on 08/25/2020.
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:
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1.PURCHASE OBLIGATION
A copy of this Agreement, signed by Buyer, shall confirm Buyer’s offer to purchase the
Property for the sum of $750.00. A certified check in the aforementioned amount plus the
cost of the Advertising Fee, Transfer fee, Recording Fee and County Sales Disclosure
Form fee (hereinafter, “Associated Fees”) shall be delivered to the following
representative (“Seller’s Representative”) no later than 60 days from the date of this
Agreement.
L
inda Martin
Department of Public Works
City of South Bend
1316 S. County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
2.PURCHASE PRICE AND EARNEST MONEY DEPOSIT
A.Purchase Price. The purchase price for the Property shall be Seven
Hundred, Fifty ($ 750.00) (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.
5.TAXES
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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 acknowledgethat 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 andbinding 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.
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\[Signatures on Following Page\]
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as
of the Contract Date.
BUYER:SELLER:
Herbert L HarrisJr. City of South Bend, by and through its
Board of Public Works:
___________________________________________________
Signature Gary A. Gilot, Board President
____________________________________________________
Printed Name Jordan Gathers, Member
____________________________________________________
Date of Signature Joseph Molnar, Member
__________________________
Elizabeth A. Maradik, Member
__________________________
Therese J. Dorau, Member
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EXHIBIT A
Description of Property
Address: 733 E. Indiana Ave., South Bend, IN 46613
Parcel ID: 018-7029-1141
Legal Description: Lot 53 & 6 X 40 Ft Sw Cor Lot 55 Indiana Ave Add
Qu
it Claim Deed
RETURN TO: AUDITOR’S RECORD
Hebert L. Harris Jr.TRANSFER NO.
1517 High St. TAXING UNIT___________
South Bend, IN 46613 DATE __________________
KEY NO: 018-7029-1141
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
Herbert L. Harris Jr., 1517 High St., South Bend, IN
46613, an Indiana resident (the “Grantee”) for and in consideration of Seven Hundred, Fifty
($750.00) 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 _____ day of _________________, 2020.
GRANTOR:
City of South Bend, Indiana, by and through
its Board of Public Works
By:
_______________________________________
James Mueller, Mayor
ATTEST:
By: ________________________________________
Dawn Jones, 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 _______________, 2020, personally appeared James Mueller and Dawn Jones, 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)
___________________________, Notary Public
Commission expires: _____________ Resident of _______________ 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: 733 E. Indiana Ave., South Bend, IN 46613
Parcel ID: 018-7029-1141
Legal Description: Lot 53 & 6 X 40 Ft Sw Cor Lot 55 Indiana Ave Add
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 09/30/2020
Department DCI
Name Andrew Netter
BPW Date 09/08/2020 Phone Extension 5931
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
Officer Name
and Inclusion Officer
BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney Attorney Name Sandra Kennedy
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services AgreementContractProposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote AwardReject Bids/Quotes
Proposal OpeningC/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Ease./Encroach
Other: Sign Purchase Agr.
Required Information
Company or Vendor Name
Yes If Yes, Approved by Purchasing
New Vendor
No
MBE Yes
MBE/WBE Contractor Completed E-Verify Form Attached
WBE No
Project NameSale of City Property – 733E. Indiana Ave.
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/DescriptionSale of City property to Herbert L. Harris Jr. for a
$750.00________________________________________________________
_______________________________________________________________
___________________
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