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HomeMy WebLinkAboutAward Bid - Sale of City Property - 1241 W. California 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 Ms. Janina K. Haubold 1006 Diamond Ave. South Bend, 46628 Dear Ms. Haubold: 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 $1,155.00 to you. The advertising fees are $48.12, 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 $1,244.12 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 1241 W. California Ave. On 08/25/2020 the Board of Public Works opened bids for the sale of city-owned property, 1241 W. California Ave., South Bend, Indiana 46628. Janina Kristen Hauboldwas the sole bidder for this property. DCI requests the Board of Public Works award the winning bid to Janina Kristen Haubold, for the amount of $1,155.00. This price does not include the cost of advertisement, a sales disclosure form, transferring, and recording fees to also be incurred by Janina Kristen Haubold. 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”) andJanina Kristen Haubold, 1006 Diamond Ave, South Bend, IN 46628 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. 36-1-11-5, 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”). C. Pursuant to the Act, Seller requested to advertise the sale of the Property 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: 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 $1,155.00. A certified check in the aforementioned amount plus the cost of the Advertising Fee, Transfer fee, Recording Fee and County Sales Disclosure Form fee (hereinafter, “Associated Fees”) shall be delivered to the following representative (“Seller’s Representative”) no later than 60 days from the date of this Agreement. Linda Martin Department of Public Works City of South Bend 1316 S. County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 2. PURCHASE PRICE AND EARNEST MONEY DEPOSIT A. Purchase Price. The purchase price for the Propertyshall be One Thousand, One Hundred, Fifty Five ($ 1,155.00) (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 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 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. 3 \[Signatures on Following Page\] IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date. BUYER:SELLER: Janina Kristen Haubold 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 4 EXHIBIT A Description of Property Address: 1241 W. California Ave., South Bend, IN 46628 Parcel ID: 018-1090-3836 Legal Description: Lot 284 Vassar Pk Quit Claim Deed RETURN TO: AUDITOR’S RECORD Janina Kristen Haubold TRANSFER NO. 1006 Diamond Ave. TAXING UNIT___________ South Bend, IN 46628 DATE __________________ KEY NO: 018-1090-3836 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 Janina Kristen Haubold, 1006 Diamond Ave, South Bend, IN 46628, an Indiana resident (the “Grantee”) for and in consideration of One Thousand, One Hundred, Fifty Five ($1,155.00) 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: 1241 W. California Ave., South Bend, IN 46628 Parcel ID: 018-1090-3836 Legal Description: Lot 284 Vassar Pk 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 Award Reject 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 – 1241 W. California Ave. Project Number Funding Source Account No. Amount Terms of Contract Purpose/DescriptionSale of City property to Janina Kristen Haubold for a $1,155.00_______________________________________________________ _______________________________________________________________ ____________________ For Change Orders Only $ Increase Amount of Decrease ($ ) Previous Amount$ % Increase Decrease ( %) Current Percent of Change: New Amount $ % Increase Decrease ( %) Total Percent of Change: Time Extension Amount: New Completion Date: